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§ 7532 Suspension and removal
Statute
5 U.S.C. 7532
Text
11 passages
5 U.S.C. 7532(a)(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.
5 U.S.C. 7532(b)(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.
5 U.S.C. 7532(c)(c) An employee suspended under subsection (a) of this section who— is entitled, after suspension and before removal, to—
5 U.S.C. 7532(c)(1)(1) has a permanent or indefinite appointment;
5 U.S.C. 7532(c)(2)(2) has completed his probationary or trial period; and
5 U.S.C. 7532(c)(3)(3) is a citizen of the United States;
5 U.S.C. 7532(c)(A)(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;
5 U.S.C. 7532(c)(B)(B) an opportunity within 30 days thereafter, plus an additional 30 days if the charges are amended, to answer the charges and submit affidavits;
5 U.S.C. 7532(c)(C)(C) a hearing, at the request of the employee, by an agency authority duly constituted for this purpose;
5 U.S.C. 7532(c)(D)(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
5 U.S.C. 7532(c)(E)(E) a written statement of the decision of the head of the agency.
About
- Type
- Statute section
- Citation
- 5 U.S.C. 7532
- Edition
- 2024 edition of the U.S. Code
- Current through
- 2025-01-06
Annual edition text. Amendments enacted after the current-through date are not reflected; check uscode.house.gov for the latest release point.
Cited by
- Administrative Law JudgesFederal Register · 2020-09-21
- Designation of National Security PositionsFederal Register · 2010-12-14
- Adverse ActionsFederal Register · 2009-12-04
- Adverse ActionsFederal Register · 2008-09-18
- Examining System and Programs for Specific Positions and Examinations (Miscellaneous)Federal Register · 2007-03-20
- Examining System and Programs for Specific Positions and Examinations (Miscellaneous)Federal Register · 2005-12-21
- Examining System and Programs for Specific Positions and Examinations (Miscellaneous)Federal Register · 2005-12-13
- Department of Defense Human Resources Management and Labor Relations SystemsFederal Register · 2005-11-01
- National Security Personnel SystemFederal Register · 2005-02-14
- Department of Homeland Security Human Resources Management SystemFederal Register · 2005-02-01
- Department of Homeland Security Human Resources Management SystemFederal Register · 2004-02-20
- Appointment, Pay, and Removal of Administrative Law JudgesFederal Register · 1998-02-23
- § 317.702 General reinstatement: SES career appointees.Regulation
- § 432.102 Coverage.Regulation
- § 752.201 Coverage.Regulation
- § 752.401 Coverage.Regulation
- § 930.211 Actions against administrative law judges.Regulation
- § 3571 Reinstatement or restoration; individuals suspended or removed for national securityStatute
- § 7121 Grievance proceduresStatute
- § 7312 Employment and clearance; individuals removed for national securityStatute
- § 7512 Actions coveredStatute
- § 7521 Actions against administrative law judgesStatute
- § 7542 Actions coveredStatute