5 U.S.C. § 7501 — Definitions

Page 905 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7503 1 So in original. Probably should be ‘‘affecting’’. Executive Documents EXECUTIVE ORDER NO. 13839 Ex. Ord. No. 13839, May 25, 2018, 83 F.R. 25343, which related to removal of employees from Federal service for misconduct or unacceptable performance, was re- voked by Ex. Ord. No. 14003, § 3(c), Jan. 22, 2021, 86 F.R. 7231, set out in a note under section 3301 of this title. [Ex. Ord. No. 13839, formerly set out above, construed to be amended to the extent necessary, by Memo- randum of President of the United States, Oct. 11, 2019, 84 F.R. 56095, set out as a note under section 7101 of this title.] SUBCHAPTER I—SUSPENSION FOR 14 DAYS OR LESS Editorial Notes AMENDMENTS 1978—Pub. L. 95–454, title II, § 204(a), Oct. 13, 1978, 92 Stat. 1134, substituted ‘‘SUSPENSION FOR 14 DAYS OR LESS’’ for ‘‘COMPETITIVE SERVICE’’ in sub- chapter heading. § 7501. Definitions For the purpose of this subchapter— (1) ‘‘employee’’ means an individual in the competitive service who is not serving a pro- bationary or trial period under an initial ap- pointment or who has completed 1 year of cur- rent continuous employment in the same or similar positions under other than a tem- porary appointment limited to 1 year or less; and (2) ‘‘suspension’’ means the placing of an em- ployee, for disciplinary reasons, in a tem- porary status without duties and pay. (Added Pub. L. 95–454, title II, § 204(a), Oct. 13, 1978, 92 Stat. 1134; amended Pub. L. 114–92, div. A, title XI, § 1105(c)(3), Nov. 25, 2015, 129 Stat. 1024; Pub. L. 117–81, div. A, title XI, § 1106(b)(2)(C), Dec. 27, 2021, 135 Stat. 1950.) Editorial Notes PRIOR PROVISIONS A prior section 7501, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 527, related to removal or suspension without pay of an individual in the competitive service and proce- dures applicable to such removal or suspension, prior to repeal by Pub. L. 95–454, § 204(a). AMENDMENTS 2021—Par. (1). Pub. L. 117–81 struck out ‘‘, except as provided in section 1599e of title 10,’’ after ‘‘initial ap- pointment or,’’. 2015—Par. (1). Pub. L. 114–92 substituted ‘‘or, except as provided in section 1599e of title 10, who’’ for ‘‘or who’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applied as if effective Dec. 31, 2022, to correspond to the effective date of the repeal of section 1599e of Title 10, Armed Forces, to re- flect the probable intent of Congress. See Effective Date of Repeal note under section 1599e of Title 10. 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. SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–376, § 1, Aug. 17, 1990, 104 Stat. 461, pro- vided that: ‘‘This Act [amending sections 4303, 7511, and 7701 of this title and enacting provisions set out as notes under section 4303 of this title] may be cited as the ‘Civil Service Due Process Amendments’.’’ § 7502. Actions covered This subchapter applies to a suspension for 14 days or less, but does not apply to a suspension under section 7521 or 7532 of this title or any ac- tion initiated under section 1215 of this title. (Added Pub. L. 95–454, title II, § 204(a), Oct. 13, 1978, 92 Stat. 1135; amended Pub. L. 101–12, § 9(a)(2), Apr. 10, 1989, 103 Stat. 35.) Editorial Notes AMENDMENTS 1989—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. § 7503. Cause and procedure (a) Under regulations prescribed by the Office of Personnel Management, an employee may be suspended for 14 days or less for such cause as will promote the efficiency of the service (in- cluding discourteous conduct to the public con- firmed by an immediate supervisor’s report of four such instances within any one-year period or any other pattern of discourteous conduct). (b) An employee against whom a suspension for 14 days or less is proposed is entitled to— (1) an advance written notice stating the specific reasons for the proposed action; (2) a reasonable time to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the an- swer; (3) be represented by an attorney or other representative; and (4) a written decision and the specific rea- sons therefor at the earliest practicable date. (c) Copies of the notice of proposed action, the answer of the employee if written, a summary thereof if made orally, the notice of decision and reasons therefor, and any order effecting 1 the suspension, together with any supporting mate- rial, shall be maintained by the agency and shall be furnished to the Merit Systems Protection Board upon its request and to the employee af- fected upon the employee’s request. (Added Pub. L. 95–454, title II, § 204(a), Oct. 13, 1978, 92 Stat. 1135.)