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5 U.S.C. § 7521 — Actions against administrative law judges

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 7521 — Actions against administrative law judges

**(a)** An action may be taken against an administrative law judge appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim) by the agency in which the administrative law judge is employed only for good cause established and determined by the Merit Systems Protection Board on the record after opportunity for hearing before the Board. **(b)** The actions covered by this section are— (1) a removal; (2) a suspension; (3) a reduction in grade; (4) a reduction in pay; and (5) a furlough of 30 days or less; but do not include— (A) a suspension or removal under [section 7532 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7532&num=0&edition=prelim); (B) a reduction-in-force action under [section 3502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3502&num=0&edition=prelim); or (C) any action initiated under [section 1215 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1215&num=0&edition=prelim).

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Stable record: federal_law:legal_authorities:record_usc_4b31f454dc7e6f9da995939c
Source file: Laws/federal/codes/united-states-code/title-5/section-7521-actions-against-administrative-law-judges--196b7ec513.md
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Source location: Title 5, Chapter 75, § 7521; chapter-075-adverse-actions.md

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1201 — Appointment of members of the Merit Systems Protection Board

The Merit Systems Protection Board is composed of 3 members appointed by the President, by and with the advice and consent of the Senate, not more than 2 of whom may be adherents of the same political party. The members of the Board shall be individuals who, by demonstrated ability, background, training, or experience are especially qualified to carry out the functions of the Board. No member of the Board may hold another office or position in the Government of the United States, except as otherwise provided by law or at the direction of the President. The Board shall have an official seal which shall be judicially noticed. The Board shall have its principal office in the District of Columbia and may have field offices in other appropriate locations.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3502 — Order of retention

**(a)** The Office of Personnel Management shall prescribe regulations for the release of competing employees in a reduction in force which give due effect to— (1) tenure of employment; (2) military preference, subject to [section 3501(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3501/a/3&num=0&edition=prelim); (3) length of service; and (4) efficiency or performance ratings. In computing length of service, a competing employee— (A) who is not a retired member of a uniformed service is entitled to credit for the total length of time in active service in the armed forces; (B) who is a retired member of a uniformed service is entitled to credit for— (i) the length of time in active service in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or (ii) the total length of time in active service in the armed forces if he is included under section 3501(a)(3)(A), (B), or (C) of this title; and (C) is entitled to credit for— (i) service rendered as an employee of a county committee established pursuant to section 8(b) of the Soil Conservation and Allotment Act or of a committee or association of producers described in section 10(b) of the Agricultural Adjustment Act; and (ii) service rendered as an employee described in section 2105(c) if such employee moves or has moved, on or after January 1, 1966, without a break in service of more than 3 days, from a position in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard to a position in the Department of Defense or the Coast Guard, respectively, that is not described in section 2105(c). **(b)** A preference eligible described in [section 2108(3)(C) of this title](https

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3502

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3105 — Appointment of administrative law judges

Each agency shall appoint as many administrative law judges as are necessary for proceedings required to be conducted in accordance with sections 556 and 557 of this title. Administrative law judges shall be assigned to cases in rotation so far as practicable, and may not perform duties inconsistent with their duties and responsibilities as administrative law judges.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1215 — Disciplinary action

**(a)** (1) Except as provided in subsection (b), if the Special Counsel determines that disciplinary action should be taken against any employee for having— (A) committed a prohibited personnel practice, (B) violated the provisions of any law, rule, or regulation, or engaged in any other conduct within the jurisdiction of the Special Counsel as described in section 1216, or (C) knowingly and willfully refused or failed to comply with an order of the Merit Systems Protection Board, the Special Counsel shall prepare a written complaint against the employee containing the Special Counsel’s determination, together with a statement of supporting facts, and present the complaint and statement to the employee and the Board, in accordance with this subsection. (2) Any employee against whom a complaint has been presented to the Merit Systems Protection Board under paragraph (1) is entitled to— (A) a reasonable time to answer orally and in writing, and to furnish affidavits and other documentary evidence in support of the answer; (B) be represented by an attorney or other representative; (C) a hearing before the Board or an administrative law judge appointed under section 3105 and designated by the Board; (D) have a transcript kept of any hearing under subparagraph (C); and (E) a written decision and reasons therefor at the earliest practicable date, including a copy of any final order imposing disciplinary action. (3) (A) A final order of the Board may impose— (i) disciplinary action consisting of removal, reduction in grade, debarment from Federal employment for a period not to exceed 5 years, suspension, or reprimand; (ii) an assessment of a civil penalty not to exceed $1,000; or (iii) any combination of disciplinary actions desc

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1215

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 7532 — Suspension and removal

**(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)

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1101 — Office of Personnel Management

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.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7101 — Composition of Board of Veterans’ Appeals

**(a)** There is in the Department a Board of Veterans’ Appeals (hereinafter in this chapter referred to as the “Board”). The Board is under the administrative control and supervision of a chairman directly responsible to the Secretary. The Board shall consist of a Chairman, a Vice Chairman, and such number of members as may be found necessary in order to conduct hearings and dispose of appeals properly before the Board in a timely manner. The Board shall have such other professional, administrative, clerical, and stenographic personnel as are necessary in conducting hearings and considering and disposing of appeals properly before the Board. The Board shall have sufficient personnel under the preceding sentence to enable the Board to conduct hearings and consider and dispose of appeals properly before the Board in a timely manner. **(b)** (1) The Chairman shall be appointed by the President, by and with the advice and consent of the Senate, for a term of six years. The Chairman shall be subject to the same ethical and legal limitations and restrictions concerning involvement in political activities as apply to judges of the United States Court of Appeals for Veterans Claims. (2) The Chairman may be removed by the President for misconduct, inefficiency, neglect of duty, or engaging in the practice of law or for physical or mental disability which, in the opinion of the President, prevents the proper execution of the Chairman’s duties. The Chairman may not be removed from office by the President on any other grounds. Any such removal may only be made after notice and opportunity for hearing. (3) The Chairman may be appointed under this subsection to more than one term. If, upon the expiration of the term of office for which the Chairman was appointed, the position of

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7101

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7101A — Members of Board: appointment; pay; performance review

**(a)** (1) The members of the Board of Veterans’ Appeals other than the Chairman (and including the Vice Chairman) shall be appointed by the Secretary, with the approval of the President, based upon recommendations of the Chairman. (2) Each member of the Board shall be a member in good standing of the bar of a State. **(b)** Members of the Board (other than the Chairman and any member of the Board who is a member of the Senior Executive Service) shall, in accordance with regulations prescribed by the Secretary, be paid basic pay at rates equivalent to the rates payable under [section 5372 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5372&num=0&edition=prelim). **(c)** (1) (A) The Chairman shall establish a panel to review the performance of members of the Board. The panel shall be comprised of the Chairman and two other members of the Board (other than the Vice Chairman). The Chairman shall periodically rotate membership on the panel so as to ensure that each member of the Board (other than the Vice Chairman) serves as a member of the panel for and within a reasonable period. (B) Not less than one year after the job performance standards under subsection (f) are initially established, and not less often than once every three years thereafter, the performance review panel shall determine, with respect to each member of the Board (other than the Chairman or a member who is a member of the Senior Executive Service), whether that member’s job performance as a member of the Board meets the performance standards for a member of the Board established under subsection (f). Each such determination shall be in writing. (2) If the determination of the performance review panel in any case is that the member’s job performance as

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7101A

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 7105 — Agency boards

**(a) Armed Services Board.—** (1) **Establishment.—** — An Armed Services Board of Contract Appeals may be established within the Department of Defense when the Secretary of Defense, after consultation with the Administrator, determines from a workload study that the volume of contract claims justifies the establishment of a full-time agency board of at least 3 members who shall have no other inconsistent duties. Workload studies will be updated at least once every 3 years and submitted to the Administrator. (2) **Appointment of members and compensation.—** — Members of the Armed Services Board shall be selected and appointed in the same manner as administrative law judges appointed pursuant to [section 3105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim), with an additional requirement that members must have had at least 5 years of experience in public contract law. The Secretary of Defense shall designate the chairman and vice chairman of the Armed Services Board from among the appointed members. Compensation for the chairman, vice chairman, and other members shall be determined under [section 5372a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5372a&num=0&edition=prelim). **(b) Civilian Board.—** (1) **Establishment.—** — There is established in the General Services Administration the Civilian Board of Contract Appeals. (2) **Membership.—** (A) *Eligibility.—* — The Civilian Board consists of members appointed by the Administrator of General Services (in consultation with the Administrator for Federal Procurement Policy) from a register of applicants maintained by the Administrator of General Services, in accordance with rules issued by the Administrato

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 7105

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1305 — Administrative law judges

For the purpose of sections 3105, 3344, 4301(2)(D), and 5372 of this title and the provisions of [section 5335(a)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5335/a/B&num=0&edition=prelim) that relate to administrative law judges, the Office of Personnel Management may, and for the purpose of [section 7521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7521&num=0&edition=prelim), the Merit Systems Protection Board may investigate, prescribe regulations, appoint advisory committees as necessary, recommend legislation, subpena witnesses and records, and pay witness fees as established for the courts of the United States.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1305

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