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5 U.S.C. § 3571 — Reinstatement or restoration; individuals suspended or removed for national security
Federal law — U.S. Code and appendices · legal_authorities
An individual suspended or removed under [section 7532 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7532&num=0&edition=prelim) may be restored to duty in the discretion of the head of the agency concerned.
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Source location: Title 5, Chapter 35, § 3571; chapter-035-retention-preference-voluntary-separation-incentive-payments-restoration-and-reemployment.md
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An individual suspended or removed under [section 7532 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7532&num=0&edition=prelim) may be restored to duty in the discretion of the head of the agency concerned.
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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
Page 453
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 3582
(Added Pub. L. 107–296, title XIII, § 1313(a)(1)(A),
Nov. 25, 2002, 116 Stat. 2294.)
Editorial Notes
PRIOR PROVISIONS
A prior section 3551, Pub. L. 89–554, Sept. 6, 1966, 80
Stat. 429; Pub. L. 90–491, § 2, Aug. 17, 1968, 82 Stat. 791,
related to restoration of positions of Federal and Dis-
trict of Columbia employees upon release from duty in
Reserves or National Guard, prior to repeal by Pub. L.
103–353, §§ 2(b)(2)(B), 8, Oct. 13, 1994, 108 Stat. 3169, 3175,
effective with respect to reemployments initiated on or
after first day after 60-day period beginning Oct. 13,
1994, with transition rules.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective 60 days after Nov. 25, 2002, see sec-
tion 1313(a)(4) of Pub. L. 107–296, set out as a note under
section 3521 of this title.
SUBCHAPTER
III—REINSTATEMENT
OR
RESTORATION AFTER SUSPENSION OR
REMOVAL FOR NATIONAL SECURITY
§ 3571. Reinstatement or restoration; individuals
suspended or removed for national security
An individual suspended or removed under sec-
tion 7532 of this title may be restored to duty in
the discretion of the head of the agency con-
cerned.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 429.)
HISTORICAL AND REVISION NOTES
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
..................
5 U.S.C. 22–1 (1st 31
words of 3d pro-
viso).
Aug. 26, 1950, ch. 803, § 1 (1st
31 words of 3d proviso), 64
Stat. 477.
The words ‘‘suspended or removed under section 7532
of this title’’ are coextensive with and substituted for
‘‘whose employment is so suspended or terminated
under the authority of said sections’’.
Standard changes are made to conform with the defi-
nitions applicable and the style of t
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 3571
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