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5 U.S.C. § 7542 — Actions covered
Federal law — U.S. Code and appendices · legal_authorities
This subchapter applies to a removal from the civil service or suspension for more than 14 days, but does not apply to an action initiated under [section 1215 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1215&num=0&edition=prelim), to 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), or to a removal under section 3592 or 3595 of this title.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7542
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Stable record: federal_law:legal_authorities:record_usc_8870c73ad2a45a70ea55e853
Source file: Laws/federal/codes/united-states-code/title-5/section-7542-actions-covered--ffd5bffb6f.md
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Source location: Title 5, Chapter 75, § 7542; chapter-075-adverse-actions.md
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This subchapter applies to a removal from the civil service or suspension for more than 14 days, but does not apply to an action initiated under [section 1215 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1215&num=0&edition=prelim), to 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), or to a removal under section 3592 or 3595 of this title.
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Federal law — U.S. Code and appendices · legal_authorities
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
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Federal law — U.S. Code and appendices · legal_authorities
It is the purpose of this subchapter to establish a Senior Executive Service to ensure that the executive management of the Government of the United States is responsive to the needs, policies, and goals of the Nation and otherwise is of the highest quality. The Senior Executive Service shall be administered so as to—
(1) provide for a compensation system, including salaries, benefits, and incentives, and for other conditions of employment, designed to attract and retain highly competent senior executives;
(2) ensure that compensation, retention, and tenure are contingent on executive success which is measured on the basis of individual and organizational performance (including such factors as improvements in efficiency, productivity, quality of work or service, cost efficiency, and timeliness of performance and success in meeting equal employment opportunity goals);
(3) assure that senior executives are accountable and responsible for the effectiveness and productivity of employees under them;
(4) recognize exceptional accomplishment;
(5) enable the head of an agency to reassign senior executives to best accomplish the agency’s mission;
(6) provide for severance pay, early retirement, and placement assistance for senior executives who are removed from the Senior Executive Service for nondisciplinary reasons;
(7) protect senior executives from arbitrary or capricious actions;
(8) provide for program continuity and policy advocacy in the management of public programs;
(9) maintain a merit personnel system free of prohibited personnel practices;
(10) ensure accountability for honest, economical, and efficient Government;
(11) ensure compliance with all applicable civil service laws, rules, and regulations, including those related to equal employment opportunity
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3131
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a)** An agency shall establish competitive procedures for determining who shall be removed from the Senior Executive Service in any reduction in force of career appointees within that agency. The competitive procedures shall be designed to assure that such determinations are primarily on the basis of performance, as determined under subchapter II of chapter 43 of this title.
**(b)**
(1) This subsection applies to any career appointee who has successfully completed the probationary period prescribed under [section 3393(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3393/d&num=0&edition=prelim).
(2) Except as provided in paragraphs (4) and (5), a career appointee may not be removed from the Senior Executive Service due to a reduction in force within an agency.
(3) A career appointee who, but for this subsection, would be removed from the Senior Executive Service due to a reduction in force within an agency—
(A) is entitled to be assigned by the head of that agency to a vacant Senior Executive Service position for which the career appointee is qualified; or
(B) if the agency head certifies, in writing, to the Office of Personnel Management that no such position is available in the agency, shall be placed by the Office in any agency in any vacant Senior Executive Service position unless the head of that agency determines that the career appointee is not qualified for that position.
The Office of Personnel Management shall take all reasonable steps to place a career appointee under subparagraph (B) and may require any agency to take any action which the Office considers necessary to carry out any such placement.
(4) A career appointee who is not assigned under paragraph (3)(A) may be removed from the Senior Execut
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3595
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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 911
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 7542
(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 there-
after 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 af-
fidavits;
(C) a hearing, at the request of the em-
ployee, by an agency authority duly con-
stituted for this purpose;
(D) a review of his case by the head of the
agency or his designee, before a decision ad-
verse to the employee is made final; and
(E) a written statement of the decision of
the head of the agency.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 529.)
HISTORICAL AND REVISION NOTES
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
..................
5 U.S.C. 22–1 (less
3d–5th provisos).
Aug. 26, 1950, ch. 803, § 1
(less 3d–5th provisos), 64
Stat. 476.
July 29, 1958, Pub. L. 85–568,
§ 301(c), 72 Stat. 432.
The application of this section is covered by the defi-
nition in section 7531.
In subsection (a), the words ‘‘Notwithstanding the
provisions of section 652 of this title’’ are omitted but
are carried into section 7501(c). The words ‘‘in his abso-
lute discretion’’ are omitted as unnecessary in view of
the permissive grant of authority. The word ‘‘rein-
stated’’ is omitted as it is commonly used in other stat-
utes to denote action different from that referred to
here.
In subsections (b) and (c), the words ‘‘remove’’ and
‘‘removal’’ are coextensive with and substituted for
‘‘terminate the employment’’, ‘‘termination’’, and
‘
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 7542
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.