Browse Arkansas Code titles and sections

5 U.S.C. § 7512 — Actions covered

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

5 U.S.C. § 7512 — Actions covered

This subchapter applies to— (1) a removal; (2) a suspension for more than 14 days; (3) a reduction in grade; (4) a reduction in pay; and (5) a furlough of 30 days or less; but does not apply to— (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), (C) the reduction in grade of a supervisor or manager who has not completed the probationary period under [section 3321(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3321/a/2&num=0&edition=prelim) if such reduction is to the grade held immediately before becoming such a supervisor or manager, (D) a reduction in grade or removal under [section 4303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4303&num=0&edition=prelim), (E) an action initiated under section 1215 or 7521 of this title, or (F) a suitability action taken by the Office under regulations prescribed by the Office, subject to the rules prescribed by the President under this title for the administration of the competitive service.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7512

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: fcb8a17b40b24726de5733097e22fb05df8151bdeeceb50475d6e4bd690ec1d1. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_7a2105699435577c1103b209
Source file: Laws/federal/codes/united-states-code/title-5/section-7512-actions-covered--3ea35734d6.md
Pages: Not recorded – Not recorded
Passage SHA-256: 3f063c2d7574e999e58b9d3bdd3100bcb6d6faf91a7b9486bb140fc5d8370a73

Source location: Title 5, Chapter 75, § 7512; chapter-075-adverse-actions.md

Stored source content

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1201

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

5 U.S.C. § 4303 — Actions based on unacceptable performance

**(a)** Subject to the provisions of this section, an agency may reduce in grade or remove an employee for unacceptable performance. **(b)** (1) An employee whose reduction in grade or removal is proposed under this section is entitled to— (A) 30 days’ advance written notice of the proposed action which identifies— (i) specific instances of unacceptable performance by the employee on which the proposed action is based; and (ii) the critical elements of the employee’s position involved in each instance of unacceptable performance; (B) be represented by an attorney or other representative; (C) a reasonable time to answer orally and in writing; and (D) a written decision which— (i) in the case of a reduction in grade or removal under this section, specifies the instances of unacceptable performance by the employee on which the reduction in grade or removal is based, and (ii) unless proposed by the head of the agency, has been concurred in by an employee who is in a higher position than the employee who proposed the action. (2) An agency may, under regulations prescribed by the head of such agency, extend the notice period under subsection (b)(1)(A) of this section for not more than 30 days. An agency may extend the notice period for more than 30 days only in accordance with regulations issued by the Office of Personnel Management. **(c)** The decision to retain, reduce in grade, or remove an employee— (1) shall be made within 30 days after the date of expiration of the notice period, and (2) in the case of a reduction in grade or removal, may be based only on those instances of unacceptable performance by the employee— (A) which occurred during the 1-year period ending on the date of the notice under subsection (b)(1)(A) of this sec

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 4303

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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)

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7532

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1101

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

10 U.S.C. § 1564 — Security clearance investigations

**(a) Expedited Process.—** The Secretary of Defense may prescribe a process for expediting the completion of the background investigations necessary for granting security clearances for— (1) Department of Defense personnel and Department of Defense contractor personnel who are engaged in sensitive duties that are critical to the national security; and (2) any individual who— (A) submits an application for a position as an employee of the Department of Defense for which— (i) the individual is qualified; and (ii) a security clearance is required; and (B) is— (i) a member of the armed forces who was retired or separated, or is expected to be retired or separated, for physical disability pursuant to chapter 61 of this title; (ii) the spouse of a member of the armed forces who retires or is separated, after January 7, 2011, for a physical disability as a result of a wound, injuries or illness incurred or aggravated in the line of duty (as determined by the Secretary concerned); or (iii) the spouse of a member of the armed forces who dies, after January 7, 2011, as a result of a wound, injury, or illness incurred or aggravated in the line of duty (as determined by the Secretary concerned). **(b) Required Features.—** The process developed under subsection (a) shall provide for the following: (1) Quantification of the requirements for background investigations necessary for grants of security clearances for Department of Defense personnel and Department of Defense contractor personnel. (2) Categorization of personnel on the basis of the degree of sensitivity of their duties and the extent to which those duties are critical to the national security. (3) Prioritization of the processing of background investigations on the basis of the catego

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1564

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

5 U.S.C. § 2301 — Merit system principles

**(a)** This section shall apply to— (1) an Executive agency; and (2) the Government Publishing Office. **(b)** Federal personnel management should be implemented consistent with the following merit system principles: (1) Recruitment should be from qualified individuals from appropriate sources in an endeavor to achieve a work force from all segments of society, and selection and advancement should be determined solely on the basis of relative ability, knowledge, and skills, after fair and open competition which assures that all receive equal opportunity. (2) All employees and applicants for employment should receive fair and equitable treatment in all aspects of personnel management without regard to political affiliation, race, color, religion, national origin, sex, marital status, age, or handicapping condition, and with proper regard for their privacy and constitutional rights. (3) Equal pay should be provided for work of equal value, with appropriate consideration of both national and local rates paid by employers in the private sector, and appropriate incentives and recognition should be provided for excellence in performance. (4) All employees should maintain high standards of integrity, conduct, and concern for the public interest. (5) The Federal work force should be used efficiently and effectively. (6) Employees should be retained on the basis of the adequacy of their performance, inadequate performance should be corrected, and employees should be separated who cannot or will not improve their performance to meet required standards. (7) Employees should be provided effective education and training in cases in which such education and training would result in better organizational and individual performance. (8) Employees should be— (A) protected

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2301

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

5 U.S.C. § 3315 — Registers; preference eligibles furloughed or separated

**(a)** A preference eligible who has been separated or furloughed without delinquency or misconduct, on request, is entitled to have his name placed on appropriate registers and employment lists for every position for which his qualifications have been established, in the order named by [section 3313 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3313&num=0&edition=prelim). This subsection applies to registers and employment lists maintained by the Office of Personnel Management, an Executive agency, or the government of the District of Columbia. **(b)** The Office may declare a preference eligible who has been separated or furloughed without pay under [section 7512 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7512&num=0&edition=prelim) to be entitled to the benefits of subsection (a) of this section.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3315

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

5 U.S.C. § 7701 — Appellate procedures

**(a)** An employee, or applicant for employment, may submit an appeal to the Merit Systems Protection Board from any action which is appealable to the Board under any law, rule, or regulation. An appellant shall have the right— (1) to a hearing for which a transcript will be kept; and (2) to be represented by an attorney or other representative. Appeals shall be processed in accordance with regulations prescribed by the Board. **(b)** (1) The Board may hear any case appealed to it or may refer the case to 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) or other employee of the Board designated by the Board to hear such cases, except that in any case involving a removal from the service, the case shall be heard by the Board, an employee experienced in hearing appeals, or an administrative law judge. The Board, administrative law judge, or other employee (as the case may be) shall make a decision after receipt of the written representations of the parties to the appeal and after opportunity for a hearing under subsection (a)(1) of this section. A copy of the decision shall be furnished to each party to the appeal and to the Office of Personnel Management. (2) (A) If an employee or applicant for employment is the prevailing party in an appeal under this subsection, the employee or applicant shall be granted the relief provided in the decision effective upon the making of the decision, and remaining in effect pending the outcome of any petition for review under subsection (e), unless— (i) the deciding official determines that the granting of such relief is not appropriate; or (ii) (I) the relief granted in the decision prov

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7701

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

5 U.S.C. § 7512 — Actions covered

Page 908 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7512 ‘‘(D) who is not precluded, by section 7121(e)(1) of title 5, United States Code, from appealing to the Merit Systems Protection Board, the deadline for bringing an appeal under section 7513(d) or section 4303(e) of such title with respect to such action shall be the latter of— ‘‘(i) the 60th day after the date of enactment of this Act; or ‘‘(ii) the deadline which would otherwise apply if this paragraph had not been enacted.’’ EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–376 applicable with re- spect to any personnel action taking effect on or after Aug. 17, 1990, see section 2(c) of Pub. L. 101–376, set out as a note under section 4303 of this title. EFFECTIVE DATE Section effective 90 days after Oct. 13, 1978, see sec- tion 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title. § 7512. Actions covered This subchapter applies to— (1) a removal; (2) a suspension for more than 14 days; (3) a reduction in grade; (4) a reduction in pay; and (5) a furlough of 30 days or less; but does not apply to— (A) a suspension or removal under section 7532 of this title, (B) a reduction-in-force action under section 3502 of this title, (C) the reduction in grade of a supervisor or manager who has not completed the proba- tionary period under section 3321(a)(2) of this title if such reduction is to the grade held im- mediately before becoming such a supervisor or manager, (D) a reduction in grade or removal under section 4303 of this title, (E) an action initiated under section 1215 or 7521 of this title, or (F) a suitability action taken by the Office under regulations prescribed by the Office, subject to the rules prescribe

Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 7512

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.