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5 U.S.C. § 7532 — Suspension and removal
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)
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Source file: Laws/federal/codes/united-states-code/title-5/section-7532-suspension-and-removal--840d4857f0.md
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Source location: Title 5, Chapter 75, § 7532; chapter-075-adverse-actions.md
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**(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) a written statement of the decision of the head of the agency.
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3571
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as provided in paragraph (2) of this subsection, any collective bargaining agreement shall provide procedures for the settlement of grievances, including questions of arbitrability. Except as provided in subsections (d), (e), and (g) of this section, the procedures shall be the exclusive administrative procedures for resolving grievances which fall within its coverage.
(2) Any collective bargaining agreement may exclude any matter from the application of the grievance procedures which are provided for in the agreement.
**(b)**
(1) Any negotiated grievance procedure referred to in subsection (a) of this section shall—
(A) be fair and simple,
(B) provide for expeditious processing, and
(C) include procedures that—
(i) assure an exclusive representative the right, in its own behalf or on behalf of any employee in the unit represented by the exclusive representative, to present and process grievances;
(ii) assure such an employee the right to present a grievance on the employee’s own behalf, and assure the exclusive representative the right to be present during the grievance proceeding; and
(iii) provide that any grievance not satisfactorily settled under the negotiated grievance procedure shall be subject to binding arbitration which may be invoked by either the exclusive representative or the agency.
(2)
(A) The provisions of a negotiated grievance procedure providing for binding arbitration in accordance with paragraph (1)(C)(iii) shall, if or to the extent that an alleged prohibited personnel practice is involved, allow the arbitrator to order—
(i) a stay of any personnel action in a manner similar to the manner described in section 1221(c) with respect to the Merit Systems Protection Board; and
(ii) the takin
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7121
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7312
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Federal law — U.S. Code and appendices · legal_authorities
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
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Federal law — U.S. Code and appendices · legal_authorities
**(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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7521
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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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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Agency** — The term “agency” means an executive department or independent establishment, as defined under sections 101 and 104 of title 5, that contains an intelligence community element, except the Federal Bureau of Investigation.
(2) **Covered intelligence community element** — The term “covered intelligence community element”—
(A) means—
(i) the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, the Office of the Director of National Intelligence, and the National Reconnaissance Office; and
(ii) any executive agency or unit thereof determined by the President under [section 2302(a)(2)(C)(ii) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302/a/2/C/ii&num=0&edition=prelim) to have as its principal function the conduct of foreign intelligence or counterintelligence activities; and
(B) does not include the Federal Bureau of Investigation.
(3) **Personnel action** — The term “personnel action” means, with respect to an employee in a position in a covered intelligence community element (other than a position excepted from the competitive service due to its confidential, policy-determining, policymaking, or policy-advocating character) or a contractor employee—
(A) an appointment;
(B) a promotion;
(C) a disciplinary or corrective action;
(D) a detail, transfer, or reassignment;
(E) a demotion, suspension, or termination;
(F) a reinstatement or restoration;
(G) a performance evaluation;
(H) a decision concerning pay, benefits, or awards;
(I) a decision concerning education or training if such education or training may reasonably be expected to lead to an appoint
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3238
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Federal law — U.S. Code and appendices · legal_authorities
Page 910
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 7531
Editorial Notes
PRIOR PROVISIONS
A prior section 7521, Pub. L. 89–554, Sept. 6, 1966, 80
Stat. 528; Pub. L. 95–251, § 2(a)(1), Mar. 27, 1978, 92 Stat.
183, related to removal of an administrative law judge
appointed under section 3105 of this title, prior to re-
peal by Pub. L. 95–454, § 204(a).
AMENDMENTS
1989—Subsec. (b)(C). Pub. L. 101–12 substituted ‘‘1215’’
for ‘‘1206’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1989 AMENDMENT
Amendment by Pub. L. 101–12 effective 90 days fol-
lowing Apr. 10, 1989, see section 11 of Pub. L. 101–12, set
out as a note under section 1201 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.
SUBCHAPTER IV—NATIONAL SECURITY
§ 7531. Definitions
For the purpose of this subchapter, ‘‘agency’’
means—
(1) the Department of State;
(2) the Department of Commerce;
(3) the Department of Justice;
(4) the Department of Defense;
(5) a military department;
(6) the Coast Guard;
(7) the Atomic Energy Commission;
(8) the National Aeronautics and Space Ad-
ministration; and
(9) such other agency of the Government of
the United States as the President designates
in the best interests of national security.
The President shall report any designation to
the Committees on the Armed Services of the
Congress.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 528.)
HISTORICAL AND REVISION NOTES
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
..................
5 U.S.C. 22–3.
Aug. 26, 1950, ch. 823, § 3, 64
Stat. 477.
Paragraphs (1)–(8) are supplied on authority of former
section 22–1, which is carrie
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 7532
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.