§7532 — Title 5 Government Organization and Employees | U.S. Code

Summary

An agency head can suspend an employee without pay when the agency thinks it is needed for national security. If security allows, the employee will be told why. After being told, the employee has 30 days to give written statements or affidavits to the official the agency names. The agency head can later remove the employee after any investigation the head thinks is needed, and that removal decision is final. If the suspended worker has a permanent or indefinite job, has finished any probation or trial period, and is a U.S. citizen, they get extra protections: a written list of charges within 30 days (which can be changed within 30 more days and made as specific as security allows); 30 days to answer those charges (plus another 30 days if the charges are amended) and to submit affidavits; a hearing if the worker asks for one; a review by the agency head or a designee before a final adverse decision; and a written statement of the final decision.

Title 5, §7532

Government Organization and Employees — Source: USLM XML via OLRC

(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;

(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.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes 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 definition 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 absolute discretion” are omitted as unnecessary in view of the permissive grant of authority. The word “reinstated” is omitted as it is commonly used in other statutes 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 definitions applicable and the style of this title as outlined in the preface to the report.

§7532 Suspension and Removal

Summary

Title 5, §7532

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata