5 U.S.C. § 7532 — Suspension and removal
submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 309 words · no verdicts yet
An agency head may suspend an employee without pay when the head considers it necessary for national security, and may later remove the employee for that reason. Certain permanent or indefinite appointees who completed probation or a trial period and are United States citizens are entitled to specified protections before removal.
(a) Despite other statutes, the head of an agency may suspend an employee of that agency without pay when the head considers the suspension necessary in the interests of national security. To the extent that national-security interests permit, the head must notify the suspended employee of the reasons for the suspension. Within 30 days after being notified, the suspended employee is entitled to submit statements or affidavits to the official designated by the agency head. The statements or affidavits may show why the employee should be restored to duty.
(b) Subject to subsection (c), the agency head may remove an employee suspended under subsection (a) when, after any investigation and review the head considers necessary, the head determines that removal is necessary or advisable in the interests of national security. The agency head's determination is final.
(c) An employee suspended under subsection (a) who (1) has a permanent or indefinite appointment, (2) has completed the probationary or trial period, and (3) is a United States citizen is entitled, after suspension and before removal, to the following:
(A) A written statement of the charges against the employee within 30 days after suspension. The charges may be amended within the following 30 days. They must be stated as specifically as security considerations permit.
(B) An opportunity, within the next 30 days, plus an additional 30 days if the charges are amended, to answer the charges and submit affidavits.
(C) A hearing, if the employee asks for one, by an agency authority properly constituted for this purpose.
(D) A review of the case by the agency head or the head's designee before a decision adverse to the employee becomes final.
(E) A written statement of the agency head's decision.
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.
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.
An employee suspended under subsection (a) of this section who—
has a permanent or indefinite appointment;
has completed his probationary or trial period; and
is a citizen of the United States;
is entitled, after suspension and before removal, to—
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;
an opportunity within 30 days thereafter, plus an additional 30 days if the charges are amended, to answer the charges and submit affidavits;
a hearing, at the request of the employee, by an agency authority duly constituted for this purpose;
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
a written statement of the decision of the head of the agency.
Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 529.)
- 1966Enacted · Pub. L. 89-554 · 80 Stat. 529
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-554 on 1966-09-06.
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