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5 U.S.C. § 7312 — Employment and clearance; individuals removed for national security
Federal law — U.S. Code and appendices · legal_authorities
Removal under [section 7532 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7532&num=0&edition=prelim) does not affect the right of an individual so removed to seek or accept employment in an agency of the United States other than the agency from which removed. However, the appointment of an individual so removed may be made only after the head of the agency concerned has consulted with the Office of Personnel Management. The Office, on written request of the head of the agency or the individual so removed, may determine whether the individual is eligible for employment in an agency other than the agency from which removed.
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Stable record: federal_law:legal_authorities:record_usc_4061fa4c0d93e9d01534340e
Source file: Laws/federal/codes/united-states-code/title-5/section-7312-employment-and-clearance-individuals-removed-for-national-security--13561aad4c.md
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Source location: Title 5, Chapter 73, § 7312; chapter-073-suitability-security-and-conduct.md
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Removal under [section 7532 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7532&num=0&edition=prelim) does not affect the right of an individual so removed to seek or accept employment in an agency of the United States other than the agency from which removed. However, the appointment of an individual so removed may be made only after the head of the agency concerned has consulted with the Office of Personnel Management. The Office, on written request of the head of the agency or the individual so removed, may determine whether the individual is eligible for employment in an agency other than the agency from which removed.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding other statutes, the head of an agency may suspend without pay an employee of his agency when he considers that action necessary in the interests of national security. To the extent that the head of the agency determines that the interests of national security permit, the suspended employee shall be notified of the reasons for the suspension. Within 30 days after the notification, the suspended employee is entitled to submit to the official designated by the head of the agency statements or affidavits to show why he should be restored to duty.
**(b)** Subject to subsection (c) of this section, the head of an agency may remove an employee suspended under subsection (a) of this section when, after such investigation and review as he considers necessary, he determines that removal is necessary or advisable in the interests of national security. The determination of the head of the agency is final.
**(c)** An employee suspended under subsection (a) of this section who—
(1) has a permanent or indefinite appointment;
(2) has completed his probationary or trial period; and
(3) is a citizen of the United States;
is entitled, after suspension and before removal, to—
(A) a written statement of the charges against him within 30 days after suspension, which may be amended within 30 days thereafter and which shall be stated as specifically as security considerations permit;
(B) an opportunity within 30 days thereafter, plus an additional 30 days if the charges are amended, to answer the charges and submit affidavits;
(C) a hearing, at the request of the employee, by an agency authority duly constituted for this purpose;
(D) a review of his case by the head of the agency or his designee, before a decision adverse to the employee is made final; and
(E)
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7532
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Federal law — U.S. Code and appendices · legal_authorities
The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
Page 892
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 7312
Executive Documents
EXECUTIVE ORDER NO. 10450
Ex. Ord. No. 10450, Apr. 27, 1953, 18 F.R. 2489, as
amended by Ex. Ord. No. 10491, Oct. 15, 1953, 18 F.R. 6583;
Ex. Ord. No. 10531, May 27, 1954, 19 F.R. 3069; Ex. Ord.
No. 10548, Aug. 3, 1954, 19 F.R. 4871; Ex. Ord. No. 10550,
Aug. 6, 1954, 19 F.R. 4981; Ex. Ord. No. 11605, July 2, 1971,
36 F.R. 12831; Ex. Ord. No. 11785, June 4, 1974, 39 F.R.
20053; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055,
which related to security requirements for Government
employees, was revoked by Ex. Ord. No. 13467, § 3(a), as
added by Ex. Ord. No. 13764, § 3(v), Jan. 17, 2017, 82 F.R.
8128, which is set out in a note under section 3161 of
Title 50, War and National Defense, and which contains
additional construction provisions related to the rev-
ocation.
EXECUTIVE ORDER NO. 11605
Ex. Ord. No. 11605. July 2, 1971, 36 F.R. 12831, which
amended Ex. Ord. No. 10450, Apr. 27, 1953, 18 F.R. 2489,
which related to security requirements for government
employees, was revoked by Ex. Ord. No. 11785, June 4,
1974, 39 F.R. 20053, set out below.
EX. ORD. NO. 11785. SECURITY REQUIREMENTS FOR
GOVERNMENTAL EMPLOYEES
Ex. Ord. No. 11785, June 4, 1974, 39 F.R. 20053, provided:
By virtue of the authority vested in me by the Con-
stitution and statutes of the United States, including 5
U.S.C. 1101 et seq., 3301, 3571, 7301, 7313, 7501(c), 7512, 7532,
and 7533; and as President of the United States, and
finding such action necessary in the best interests of
national security, it is hereby ordered as follows:
SECTION 1. Section 12 of Executive Order No. 10450 of
April 27, 1953, as amended [set out as a note under this
section], is revised to read in its entirety as follows:
‘
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 7312
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