CHAPTER 75 - ADVERSE ACTIONS
Title 5 > CHAPTER 75
Sections (16)
§ 7501 Definitions
For the purpose of this subchapter— “employee” means an individual in the competitive service who is not serving a probationary or trial period under an initial appointment or who has completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less; and “suspension” means the placing of an employee, for disciplinary reasons, in a temporary status without duties and pay. (Added Pub. L. 95–454, title II, § 204(a) , Oct. 13, 1978 , 92 Stat. 1134 ; amended Pub. L. 114–92, div. A, title XI, § 1105(c)(3) , Nov. 25, 2015 , 129 Stat. 1024 ; Pub. L. 117–81, div. A, title XI, § 1106(b)(2)(C) , Dec. 27, 2021 , 135 Stat. 1950 .)
§ 7502 Actions covered
This subchapter applies to a suspension for 14 days or less, but does not apply to a suspension under section 7521 or 7532 of this title or any action initiated under section 1215 of this title . (Added Pub. L. 95–454, title II, § 204(a) , Oct. 13, 1978 , 92 Stat. 1135 ; amended Pub. L. 101–12, § 9(a)(2) , Apr. 10, 1989 , 103 Stat. 35 .)
§ 7503 Cause and procedure
(a) Under regulations prescribed by the Office of Personnel Management, an employee may be suspended for 14 days or less for such cause as will promote the efficiency of the service (including discourteous conduct to the public confirmed by an immediate supervisor’s report of four such instances within any one-year period or any other pattern of discourteous conduct).
(b) An employee against whom a suspension for 14 days or less is proposed is entitled to— an advance written notice stating the specific reasons for the proposed action; a reasonable time to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer; be represented by an attorney or other representative; and a written decision and the specific reasons therefor at the earliest practicable date.
(c) Copies of the notice of proposed action, the answer of the employee if written, a summary thereof if made orally, the notice of decision and reasons therefor, and any order effecting 1 the suspension, together with any supporting material, shall be maintained by the agency and shall be furnished to the Merit Systems Protection Board upon its request and to the employee affected upon the employee’s request.
§ 7504 Regulations
The Office of Personnel Management may prescribe regulations to carry out the purpose of this subchapter. (Added Pub. L. 95–454, title II, § 204(a) , Oct. 13, 1978 , 92 Stat. 1135 .)
§ 7511 Definitions; application
(a) For the purpose of this subchapter— “employee” means— an individual in the competitive service— who is not serving a probationary or trial period under an initial appointment; or who has completed 1 year of current continuous service under other than a temporary appointment limited to 1 year or less; a preference eligible in the excepted service who has completed 1 year of current continuous service in the same or similar positions— in an Executive agency; or in the United States Postal Service or Postal Regulatory Commission; and an individual in the excepted service (other than a preference eligible)— who is not serving a probationary or trial period under an initial appointment pending conversion to the competitive service; or who has completed 2 years of current continuous service in the same or similar positions in an Executive agency under other than a temporary appointment limited to 2 years or less; “suspension” has the same meaning as set forth in section 7501(2) of this title ; “grade” means a level of classification under a position classification system; “pay” means the rate of basic pay fixed by law or administrative action for the position held by an employee; and “furlough” means the placing of an employee in a temporary status without duties and pay because of lack of work or funds or other nondisciplinary reasons.
(b) This subchapter does not apply to an employee— whose appointment is made by and with the advice and consent of the Senate; whose position has been determined to be of a confidential, policy-determining, policy-making or policy-advocating character by— the President for a position that the President has excepted from the competitive service; the Office of Personnel Management for a position that the Office has excepted from the competitive service; or the President or the head of an agency for a position excepted from the competitive service by statute; whose appointment is made by the President; who is receiving an annuity from the Civil Service Retirement and Disability Fund, or the Foreign Service Retirement and Disability Fund, based on the service of such employee; Repealed. Pub. L. 114–328, div. A, title V, § 512(c) , Dec. 23, 2016 , 130 Stat. 2112 .] who is a member of the Foreign Service, as described in section 103 of the Foreign Service Act of 1980; whose position is within the Central Intelligence Agency or the Government Accountability Office; whose position is within the United States Postal Service, the Postal Regulatory Commission, the Panama Canal Commission, the Tennessee Valley Authority, the Federal Bureau of Investigation, an intelligence component of the Department of Defense (as defined in section 1614 of title 10 ), or an intelligence activity of a military department covered under subchapter I of chapter 83 of title 10, unless subsection (a)(1)(B) of this section or section 1005(a) of title 39 is the basis for this subchapter’s applicability; who is described in section 5102(c)(11) of this title ; or who holds a position within the Veterans Health Administration which has been excluded from the competitive service by or under a provision of title 38, unless such employee was appointed to such position under section 7401(3) of such title.
(c) The Office may provide for the application of this subchapter to any position or group of positions excepted from the competitive service by regulation of the Office which is not otherwise covered by this subchapter.
§ 7512 Actions covered
This subchapter applies to— a removal; a suspension for more than 14 days; a reduction in grade; a reduction in pay; and a furlough of 30 days or less; but does not apply to— a suspension or removal under section 7532 of this title , a reduction-in-force action under section 3502 of this title , the reduction in grade of a supervisor or manager who has not completed the probationary period under section 3321(a)(2) of this title if such reduction is to the grade held immediately before becoming such a supervisor or manager, a reduction in grade or removal under section 4303 of this title , an action initiated under section 1215 or 7521 of this title, or a suitability action taken by the Office under regulations prescribed by the Office, subject to the rules prescribed by the President under this title for the administration of the competitive service. (Added Pub. L. 95–454, title II, § 204(a) , Oct. 13, 1978 , 92 Stat. 1136 ; amended Pub. L. 101–12, § 9(a)(2) , Apr. 10, 1989 , 103 Stat. 35 ; Pub. L. 114–92, div. A, title X, § 1086(f)(9) , Nov. 25, 2015 , 129 Stat. 1010 .)
§ 7513 Cause and procedure
(a) Under regulations prescribed by the Office of Personnel Management, an agency may take an action covered by this subchapter against an employee only for such cause as will promote the efficiency of the service.
(b) An employee against whom an action is proposed is entitled to— at least 30 days’ advance written notice, unless there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed, stating the specific reasons for the proposed action; a reasonable time, but not less than 7 days, to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer; be represented by an attorney or other representative; and a written decision and the specific reasons therefor at the earliest practicable date.
(c) An agency may provide, by regulation, for a hearing which may be in lieu of or in addition to the opportunity to answer provided under subsection (b)(2) of this section.
(d) An employee against whom an action is taken under this section is entitled to appeal to the Merit Systems Protection Board under section 7701 of this title .
(e) Copies of the notice of proposed action, the answer of the employee when written, a summary thereof when made orally, the notice of decision and reasons therefor, and any order effecting an action covered by this subchapter, together with any supporting material, shall be maintained by the agency and shall be furnished to the Board upon its request and to the employee affected upon the employee’s request.
§ 7514 Regulations
The Office of Personnel Management may prescribe regulations to carry out the purpose of this subchapter, except as it concerns any matter with respect to which the Merit Systems Protection Board may prescribe regulations. (Added Pub. L. 95–454, title II, § 204(a) , Oct. 13, 1978 , 92 Stat. 1137 .)
§ 7515 Discipline of supervisors based on retaliation against whistleblowers
(a) Definitions.— In this section— the term “agency”— has the meaning given the term in section 2302(a)(2)(C), without regard to whether any other provision of this chapter is applicable to the entity; and does not include any entity that is an element of the intelligence community, as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ); the term “prohibited personnel action” means taking or failing to take an action in violation of paragraph (8), (9), or (14) of section 2302(b) against an employee of an agency; and the term “supervisor” means an employee who would be a supervisor, as defined in section 7103(a), if the entity employing the employee was an agency.
(b) Proposed Disciplinary Actions.— Subject to section 1214(f), if the head of the agency in which a supervisor is employed, an administrative law judge, the Merit Systems Protection Board, the Special Counsel, a judge of the United States, or the Inspector General of the agency in which a supervisor is employed has determined that the supervisor committed a prohibited personnel action, the head of the agency in which the supervisor is employed, consistent with the procedures required under paragraph (2)— for the first prohibited personnel action committed by the supervisor— shall propose suspending the supervisor for a period that is not less than 3 days; and may propose an additional action determined appropriate by the head of the agency, including a reduction in grade or pay; and for the second prohibited personnel action committed by the supervisor, shall propose removing the supervisor. A supervisor against whom an action is proposed to be taken under paragraph (1) is entitled to written notice that— states the specific reasons for the proposed action; and informs the supervisor about the right of the supervisor to review the material that is relied on to support the reasons given in the notice for the proposed action. A supervisor who receives notice under subparagraph (A) may, not later than 14 days after the date on which the supervisor receives the notice, submit an answer and furnish evidence in support of that answer. If, after the end of the 14-day period described in clause (i), a supervisor does not furnish any evidence as described in that clause, or if the head of the agency in which the supervisor is employed determines that the evidence furnished by the supervisor is insufficient, the head of the agency shall carry out the action proposed under subparagraph (A) or (B) of paragraph (1), as applicable. An action carried out under this section— except as provided in clause (ii), shall be subject to the same requirements and procedures, including those with respect to an appeal, as an action under section 7503, 7513, or 7543; and shall not be subject to— paragraphs (1) and (2) of section 7503(b); paragraphs (1) and (2) of subsection (b) and subsection (c) of section 7513; and paragraphs (1) and (2) of subsection (b) and subsection (c) of section 7543. If the head of an agency is responsible for determining whether a supervisor has committed a prohibited personnel action for purposes of paragraph (1), the head of the agency may not delegate that responsibility.
§ 7521 Actions against administrative law judges
(a) An action may be taken against an administrative law judge appointed under section 3105 of this title by the agency in which the administrative law judge is employed only for good cause established and determined by the Merit Systems Protection Board on the record after opportunity for hearing before the Board.
(b) The actions covered by this section are— a removal; a suspension; a reduction in grade; a reduction in pay; and a furlough of 30 days or less; but do not include— a suspension or removal under section 7532 of this title ; a reduction-in-force action under section 3502 of this title ; or any action initiated under section 1215 of this title .
§ 7531 Definitions
For the purpose of this subchapter, “agency” means— the Department of State; the Department of Commerce; the Department of Justice; the Department of Defense; a military department; the Coast Guard; the Atomic Energy Commission; the National Aeronautics and Space Administration; and 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 .)
§ 7532 Suspension and removal
(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— 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.
§ 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 section 2201(d) of title 42 that adequate provision be made for administrative review of a determination to dismiss an employee of the Atomic Energy Commission. ( Pub. L. 89–554 , Sept. 6, 1966 , 80 Stat. 529 .)
§ 7541 Definitions
For the purpose of this subchapter— “employee” means a career appointee in the Senior Executive Service who— has completed the probationary period prescribed under section 3393(d) of this title ; or was covered by the provisions of subchapter II of this chapter immediately before appointment to the Senior Executive Service; and “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 .)
§ 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 .)
§ 7543 Cause and procedure
(a) Under regulations prescribed by the Office of Personnel Management, an agency may take an action covered by this subchapter against an employee only for misconduct, neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.
(b) An employee against whom an action covered by this subchapter is proposed is entitled to— at least 30 days’ advance written notice, unless there is reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment can be imposed, stating specific reasons for the proposed action; a reasonable time, but not less than 7 days, to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer; be represented by an attorney or other representative; and a written decision and specific reasons therefor at the earliest practicable date.
(c) An agency may provide, by regulation, for a hearing which may be in lieu of or in addition to the opportunity to answer provided under subsection (b)(2) of this section.
(d) An employee against whom an action is taken under this section is entitled to appeal to the Merit Systems Protection Board under section 7701 of this title .
(e) Copies of the notice of proposed action, the answer of the employee when written, and a summary thereof when made orally, the notice of decision and reasons therefor, and any order effecting an action covered by this subchapter, together with any supporting material, shall be maintained by the agency and shall be furnished to the Merit Systems Protection Board upon its request and to the employee affected upon the employee’s request.