5 U.S.C. § 7541 — Definitions

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 ‘‘employment is terminated’’, as appropriate. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 7533. Effect on other statutes This subchapter does not impair the powers vested in the Atomic Energy Commission by chapter 23 of title 42, or the requirement in sec- tion 2201(d) of title 42 that adequate provision be made for administrative review of a determina- tion to dismiss an employee of the Atomic En- ergy Commission. (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. 22–2. Aug. 26, 1950, ch. 803, § 2, 64 Stat. 477. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See, also, Transfer of Func- tions notes set out under those sections. SUBCHAPTER V—SENIOR EXECUTIVE SERVICE § 7541. Definitions For the purpose of this subchapter— (1) ‘‘employee’’ means a career appointee in the Senior Executive Service who— (A) has completed the probationary period prescribed under section 3393(d) of this title; or (B) was covered by the provisions of sub- chapter II of this chapter immediately be- fore appointment to the Senior Executive Service; and (2) ‘‘suspension’’ has the meaning set forth in section 7501(2) of this title. (Added Pub. L. 95–454, title IV, § 411(2), Oct. 13, 1978, 92 Stat. 1174; amended Pub. L. 114–92, div. A, title XI, § 1105(c)(5), Nov. 25, 2015, 129 Stat. 1024; Pub. L. 117–81, div. A, title XI, § 1106(b)(2)(E), Dec. 27, 2021, 135 Stat. 1950.) Editorial Notes AMENDMENTS 2021—Par. (1)(A). Pub. L. 117–81 struck out ‘‘or section 1599e of title 10’’ after ‘‘section 3393(d) of this title’’. 2015—Par. (1)(A). Pub. L. 114–92 inserted ‘‘or section 1599e of title 10’’ after ‘‘this title’’. 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 9 months after Oct. 13, 1978, and con- gressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415 of Pub. L. 95–454, set out as a note under section 3131 of this title. § 7542. Actions covered 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, to a suspension or removal under section 7532 of this title, or to a removal under section 3592 or 3595 of this title. (Added Pub. L. 95–454, title IV, § 411(2), Oct. 13, 1978, 92 Stat. 1174; amended Pub. L. 97–35, title XVII, § 1704(d)(1), Aug. 13, 1981, 95 Stat. 758; 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’’. 1981—Pub. L. 97–35 inserted reference to section 3595 of this title. 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.