5 U.S.C. § 7532 — Suspension and removal

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 carried in part into section 7532. The references to ‘‘the Foreign Service of the United States’’ and ‘‘several field services’’ are omitted as un- necessary since they are within the agencies concerned. The words ‘‘military departments’’ are substituted for the enumeration of the military departments in view of the definition of ‘‘military department’’ in section 102. The reference to the National Security Resources Board is omitted as the Board was abolished by 1953 Reorg. Plan No. 3, § 6, eff. June 12, 1953, 67 Stat. 636. Paragraph (9) is restated to conform to the style of this title. 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 For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. ABOLITION OF ATOMIC ENERGY COMMISSION 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. Executive Documents PANAMA CANAL AND PANAMA RAILROAD COMPANY Ex. Ord. No. 10237, Apr. 27, 1951, 16 F.R. 3627, made the provisions of former sections 22–1 and 22–3 of this title [see Disposition Table preceding section 101 of this title] applicable to the Panama Canal Government and to the Panama Canal Company. DESIGNATION OF NATIONAL SECURITY AGENCY, DEFENSE INTELLIGENCE AGENCY, AND DEFENSE MAPPING AGENCY AS ‘‘AGENCIES’’ Memorandum of the President of the United States, May 23, 1988, 53 F.R. 26023, provided: Memorandum for the Secretary of Defense I have reviewed the personnel security requirements of the National Security Agency, the Defense Intel- ligence Agency, and the Defense Mapping Agency and the termination provisions of 5 U.S.C. Section 7532. I have determined that these Agencies are sensitive agencies and that it is in the best interests of national security that they be designated ‘‘agencies’’ within the meaning of that section. Therefore, pursuant to the authority set forth in 5 U.S.C. Section 7531(9), I hereby designate the National Security Agency, the Defense Intelligence Agency, and the Defense Mapping Agency as ‘‘agencies’’ within the meaning of 5 U.S.C. Section 7532. You are hereby authorized and directed to report these designations to the Committees on Armed Serv- ices of the Congress and to publish this memorandum in the Federal Register. RONALD REAGAN. § 7532. Suspension and removal (a) Notwithstanding other statutes, the head of an agency may suspend without pay an em- ployee of his agency when he considers that ac- tion necessary in the interests of national secu- rity. To the extent that the head of the agency determines that the interests of national secu- rity permit, the suspended employee shall be no- tified of the reasons for the suspension. Within 30 days after the notification, the suspended em- ployee is entitled to submit to the official des- ignated 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 na- tional 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 appoint- ment; (2) has completed his probationary or trial period; and 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.