Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)

Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via
Atlas depot), ingested with the standard pipeline: raw snapshot ->
per-section OKF markdown -> manifest + checksums. Title 52 untouched.
LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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2026-07-06 09:52:37 -04:00
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---
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title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
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chapter_name: "ADVERSE ACTIONS"
section: "7501"
citation: "5 U.S.C. § 7501"
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# 5 U.S.C. § 7501 - Definitions
## Text
For the purpose of this subchapter—
(1) “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
(2) “suspension” means the placing of an employee, for disciplinary reasons, in a temporary status without duties and pay.
(Added Pub. L. 95454, title II, § 204(a), Oct. 13, 1978, 92 Stat. 1134; amended Pub. L. 11492, div. A, title XI, § 1105(c)(3), Nov. 25, 2015, 129 Stat. 1024; Pub. L. 11781, div. A, title XI, § 1106(b)(2)(C), Dec. 27, 2021, 135 Stat. 1950.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 7501, Pub. L. 89554, Sept. 6, 1966, 80 Stat. 527, related to removal or suspension without pay of an individual in the competitive service and procedures applicable to such removal or suspension, prior to repeal by Pub. L. 95454, § 204(a).
Amendments2021—Par. (1). Pub. L. 11781 struck out “, except as provided in section 1599e of title 10,” after “initial appointment or,”. 2015—Par. (1). Pub. L. 11492 substituted “or, except as provided in section 1599e of title 10, who” for “or who”.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentAmendment by Pub. L. 11781 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 reflect the probable intent of Congress. See Effective Date of Repeal note under section 1599e of Title 10.
Effective DateSection effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title.
Short Title of 1990 AmendmentPub. L. 101376, § 1, Aug. 17, 1990, 104 Stat. 461, provided that: “This Act [amending sections 4303, 7511, and 7701 of this title and enacting provisions set out as notes under section 4303 of this title] may be cited as the Civil Service Due Process Amendments.”
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# 5 U.S.C. § 7502 - Actions covered
## Text
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. 95454, title II, § 204(a), Oct. 13, 1978, 92 Stat. 1135; amended Pub. L. 10112, § 9(a)(2), Apr. 10, 1989, 103 Stat. 35.)
## Notes
Editorial Notes
Amendments1989—Pub. L. 10112 substituted “1215” for “1206”.
Statutory Notes and Related Subsidiaries
Effective Date of 1989 AmendmentAmendment by Pub. L. 10112 effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 10112, set out as a note under section 1201 of this title.
Effective DateSection effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title.
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# 5 U.S.C. § 7503 - Cause and procedure
## Text
(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 supervisors 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—
(1) an advance written notice stating the specific reasons for the proposed action;
(2) a reasonable time to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer;
(3) be represented by an attorney or other representative; and
(4) 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 11 So in original. Probably should be “affecting”. 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 employees request.
(Added Pub. L. 95454, title II, § 204(a), Oct. 13, 1978, 92 Stat. 1135.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title.
Information on Appeal RightsPub. L. 11591, div. A, title X, § 1097(b)(2), Dec. 12, 2017, 131 Stat. 1617, provided that: “(A) In general.—Any notice provided to an employee under section 7503(b)(1), section 7513(b)(1), or section 7543(b)(1) of title 5, United States Code, shall include detailed information with respect to—“(i) the right of the employee to appeal an action brought under the applicable section; “(ii) the forums in which the employee may file an appeal described in clause (i); and “(iii) any limitations on the rights of the employee that would apply because of the forum in which the employee decides to file an appeal. “(B) Development of information.—The information described in subparagraph (A) shall be developed by the Director of the Office of Personnel Management, in consultation with the Special Counsel, the Merit Systems Protection Board, and the Equal Employment Opportunity Commission.”
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citation: "5 U.S.C. § 7504"
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# 5 U.S.C. § 7504 - Regulations
## Text
The Office of Personnel Management may prescribe regulations to carry out the purpose of this subchapter.
(Added Pub. L. 95454, title II, § 204(a), Oct. 13, 1978, 92 Stat. 1135.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title.
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title_number: 5
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# 5 U.S.C. § 7511 - Definitions; application
## Text
(a) For the purpose of this subchapter—
(1) “employee” means—
(A) an individual in the competitive service—
(i) who is not serving a probationary or trial period under an initial appointment; or
(ii) who has completed 1 year of current continuous service under other than a temporary appointment limited to 1 year or less;
(B) a preference eligible in the excepted service who has completed 1 year of current continuous service in the same or similar positions—
(i) in an Executive agency; or
(ii) in the United States Postal Service or Postal Regulatory Commission; and
(C) an individual in the excepted service (other than a preference eligible)—
(i) who is not serving a probationary or trial period under an initial appointment pending conversion to the competitive service; or
(ii) 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;
(2) “suspension” has the same meaning as set forth in section 7501(2) of this title;
(3) “grade” means a level of classification under a position classification system;
(4) “pay” means the rate of basic pay fixed by law or administrative action for the position held by an employee; and
(5) “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—
(1) whose appointment is made by and with the advice and consent of the Senate;
(2) whose position has been determined to be of a confidential, policy-determining, policy-making or policy-advocating character by—
(A) the President for a position that the President has excepted from the competitive service;
(B) the Office of Personnel Management for a position that the Office has excepted from the competitive service; or
(C) the President or the head of an agency for a position excepted from the competitive service by statute;
(3) whose appointment is made by the President;
(4) 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;
[(5) Repealed. Pub. L. 114328, div. A, title V, § 512(c), Dec. 23, 2016, 130 Stat. 2112.]
(6) who is a member of the Foreign Service, as described in section 103 of the Foreign Service Act of 1980;
(7) whose position is within the Central Intelligence Agency or the Government Accountability Office;
(8) 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 subchapters applicability;
(9) who is described in section 5102(c)(11) of this title; or
(10) 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.
(Added Pub. L. 95454, title II, § 204(a), Oct. 13, 1978, 92 Stat. 1135; amended Pub. L. 101376, § 2(a), Aug. 17, 1990, 104 Stat. 461; Pub. L. 102378, § 6(a), Oct. 2, 1992, 106 Stat. 1358; Pub. L. 103359, title V, § 501(l), Oct. 14, 1994, 108 Stat. 3430; Pub. L. 104201, div. A, title XVI, § 1634(b), Sept. 23, 1996, 110 Stat. 2752; Pub. L. 108271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109435, title VI, § 604(b), (f), Dec. 20, 2006, 120 Stat. 3241, 3242; Pub. L. 11492, div. A, title XI, § 1105(c)(4), Nov. 25, 2015, 129 Stat. 1024; Pub. L. 114328, div. A, title V, § 512(c), Dec. 23, 2016, 130 Stat. 2112; Pub. L. 11781, div. A, title XI, § 1106(b)(2)(D), Dec. 27, 2021, 135 Stat. 1950.)
## Notes
Editorial Notes
References in TextSection 103 of the Foreign Service Act of 1980, referred to in subsec. (b)(6), is classified to section 3903 of Title 22, Foreign Relations and Intercourse.
Prior ProvisionsA prior section 7511, Pub. L. 89554, Sept. 6, 1966, 80 Stat. 528; Pub. L. 94183, § 2(30), Dec. 31, 1975, 89 Stat. 1058, defined “preference eligible employee” and “adverse action” for purposes of this subchapter, prior to repeal by Pub. L. 95454, § 204(a).
Amendments2021—Subsec. (a)(1)(A)(ii). Pub. L. 11781 struck out “except as provided in section 1599e of title 10,” before “who has completed 1 year”. 2016—Subsec. (b)(5). Pub. L. 114328 struck out par. (5) which read as follows: “who is described in section 8337(h)(1), relating to technicians in the National Guard;”. 2015—Subsec. (a)(1)(A)(ii). Pub. L. 11492 inserted “except as provided in section 1599e of title 10,” before “who”. 2006—Subsec. (a)(1)(B)(ii). Pub. L. 109435, § 604(b), substituted “Postal Regulatory Commission” for “Postal Rate Commission”. Subsec. (b)(8). Pub. L. 109435, § 604(f), substituted “Postal Regulatory Commission” for “Postal Rate Commission”. 2004—Subsec. (b)(7). Pub. L. 108271 substituted “Government Accountability Office” for “General Accounting Office”. 1996—Subsec. (b)(8). Pub. L. 104201 substituted “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” for “the National Security Agency, the Defense Intelligence Agency, the Central Imagery Office, or an intelligence activity of a military department covered under section 1590 of title 10”. 1994—Subsec. (b)(8). Pub. L. 103359 inserted “the Central Imagery Office,” after “Defense Intelligence Agency,”. 1992—Subsec. (b)(7). Pub. L. 102378, § 6(a)(1), amended par. (7) generally. Prior to amendment, par. (7) read as follows: “whose position is with the Central Intelligence Agency, the General Accounting Office, or the Veterans Health Services and Research Administration;”. Subsec. (b)(10). Pub. L. 102378, § 6(a)(2)(4), added par. (10). 1990—Pub. L. 101376 amended section generally. Prior to amendment, section read as follows: “(a) For the purpose of this subchapter— “(1) employee means— “(A) 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 under other than a temporary appointment limited to 1 year or less; and “(B) a preference eligible in an Executive agency in the excepted service, and a preference eligible in the United States Postal Service or the Postal Rate Commission, who has completed 1 year of current continuous service in the same or similar positions; “(2) suspension has the meaning as set forth in section 7501(2) of this title; “(3) grade means a level of classification under a position classification system; “(4) pay means the rate of basic pay fixed by law or administrative action for the position held by an employee; and “(5) 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— “(1) whose appointment is made by and with the advice and consent of the Senate; “(2) whose position has been determined to be of a confidential, policy-determining, policy-making or policy-advocating character by— “(A) the Office of Personnel Management for a position that it has excepted from the competitive service; or “(B) the President or the head of an agency for a position which is excepted from the competitive service by statute. “(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.”
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentAmendment by Pub. L. 11781 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 reflect the probable intent of Congress. See Effective Date of Repeal note under section 1599e of Title 10.
Effective Date of 1996 AmendmentAmendment by Pub. L. 104201 effective Oct. 1, 1996, see section 1635 of Pub. L. 104201, set out as a note under section 1593 of Title 10, Armed Forces.
Effective Date of 1992 AmendmentPub. L. 102378, § 6(b), Oct. 2, 1992, 106 Stat. 1359, provided that: “(1) The amendments made by subsection (a) [amending this section] shall apply with respect to any personnel action taking effect on or after the date of enactment of this Act [Oct. 2, 1992]. “(2) In the case of an employee or former employee of the Veterans Health Administration (or predecessor agency in name)—“(A) against whom an adverse personnel action was taken before the date of enactment of this Act, “(B) who, as a result of the enactment of the Civil Service Due Process Amendments (5 U.S.C. 7501 note) [Pub. L. 101376], became ineligible to appeal such action to the Merit Systems Protection Board, “(C) as to whom that appeal right is restored as a result of the enactment of subsection (a), or would have been restored but for the passage of time, and “(D) who is not precluded, by section 7121(e)(1) of title 5, United States Code, from appealing to the Merit Systems Protection Board, the deadline for bringing an appeal under section 7513(d) or section 4303(e) of such title with respect to such action shall be the latter of— “(i) the 60th day after the date of enactment of this Act; or “(ii) the deadline which would otherwise apply if this paragraph had not been enacted.”
Effective Date of 1990 AmendmentAmendment by Pub. L. 101376 applicable with respect to any personnel action taking effect on or after Aug. 17, 1990, see section 2(c) of Pub. L. 101376, set out as a note under section 4303 of this title.
Effective DateSection effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title.
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# 5 U.S.C. § 7512 - Actions covered
## Text
This subchapter applies to—
(1) a removal;
(2) a suspension for more than 14 days;
(3) a reduction in grade;
(4) a reduction in pay; and
(5) a furlough of 30 days or less;
but does not apply to—
(A) a suspension or removal under section 7532 of this title,
(B) a reduction-in-force action under section 3502 of this title,
(C) 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,
(D) a reduction in grade or removal under section 4303 of this title,
(E) an action initiated under section 1215 or 7521 of this title, or
(F) 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. 95454, title II, § 204(a), Oct. 13, 1978, 92 Stat. 1136; amended Pub. L. 10112, § 9(a)(2), Apr. 10, 1989, 103 Stat. 35; Pub. L. 11492, div. A, title X, § 1086(f)(9), Nov. 25, 2015, 129 Stat. 1010.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 7512, Pub. L. 89554, Sept. 6, 1966, 80 Stat. 528, related to adverse action against a preference eligible employee and procedures applicable to such adverse action, prior to repeal by Pub. L. 95454, § 204(a).
Amendments2015—Par. (F). Pub. L. 11492 added par. (F). 1989—Par. (E). Pub. L. 10112 substituted “1215” for “1206”.
Statutory Notes and Related Subsidiaries
Effective Date of 1989 AmendmentAmendment by Pub. L. 10112 effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 10112, set out as a note under section 1201 of this title.
Effective DateSection effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title.
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# 5 U.S.C. § 7513 - Cause and procedure
## Text
(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—
(1) 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;
(2) 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;
(3) be represented by an attorney or other representative; and
(4) 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 employees request.
(Added Pub. L. 95454, title II, § 204(a), Oct. 13, 1978, 92 Stat. 1136.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title.
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# 5 U.S.C. § 7514 - Regulations
## Text
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. 95454, title II, § 204(a), Oct. 13, 1978, 92 Stat. 1137.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title.
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# 5 U.S.C. § 7515 - Discipline of supervisors based on retaliation against whistleblowers
## Text
(a) Definitions.— In this section—
(1) the term “agency”—
(A) 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
(B) 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);
(2) 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
(3) 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.— (1) In general.— 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)—
(A) for the first prohibited personnel action committed by the supervisor—
(i) shall propose suspending the supervisor for a period that is not less than 3 days; and
(ii) may propose an additional action determined appropriate by the head of the agency, including a reduction in grade or pay; and
(B) for the second prohibited personnel action committed by the supervisor, shall propose removing the supervisor.
(2) Procedures.— (A) Notice.— A supervisor against whom an action is proposed to be taken under paragraph (1) is entitled to written notice that—
(i) states the specific reasons for the proposed action; and
(ii) 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.
(B) Answer and evidence.— (i) In general.— 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.
(ii) No evidence furnished; insufficient evidence furnished.— 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.
(C) Scope of procedures.— An action carried out under this section—
(i) 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
(ii) shall not be subject to—
(I) paragraphs (1) and (2) of section 7503(b);
(II) paragraphs (1) and (2) of subsection (b) and subsection (c) of section 7513; and
(III) paragraphs (1) and (2) of subsection (b) and subsection (c) of section 7543.
(3) Non-delegation.— 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.
(Added Pub. L. 11591, div. A, title X, § 1097(e)(1)(B), Dec. 12, 2017, 131 Stat. 1621.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 7515, Pub. L. 11573, title I, § 104(a), Oct. 26, 2017, 131 Stat. 1236, related to discipline of supervisors based on retaliation against whistleblowers, prior to repeal by Pub. L. 11591, div. A, title X, § 1097(e)(1)(A), Dec. 12, 2017, 131 Stat. 1621.
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# 5 U.S.C. § 7521 - Actions against administrative law judges
## Text
(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—
(1) a removal;
(2) a suspension;
(3) a reduction in grade;
(4) a reduction in pay; and
(5) a furlough of 30 days or less;
but do not include—
(A) a suspension or removal under section 7532 of this title;
(B) a reduction-in-force action under section 3502 of this title; or
(C) any action initiated under section 1215 of this title.
(Added Pub. L. 95454, title II, § 204(a), Oct. 13, 1978, 92 Stat. 1137; amended Pub. L. 10112, § 9(a)(2), Apr. 10, 1989, 103 Stat. 35.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 7521, Pub. L. 89554, Sept. 6, 1966, 80 Stat. 528; Pub. L. 95251, § 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 repeal by Pub. L. 95454, § 204(a).
Amendments1989—Subsec. (b)(C). Pub. L. 10112 substituted “1215” for “1206”.
Statutory Notes and Related Subsidiaries
Effective Date of 1989 AmendmentAmendment by Pub. L. 10112 effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 10112, set out as a note under section 1201 of this title.
Effective DateSection effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title.
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# 5 U.S.C. § 7531 - Definitions
## Text
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 Administration; 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. 89554, Sept. 6, 1966, 80 Stat. 528.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 223.Aug. 26, 1950, ch. 823, § 3, 64 Stat. 477. Paragraphs (1)(8) are supplied on authority of former section 221, 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 unnecessary 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 definitions 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 relating 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 Security, and the Department of Homeland Security Reorganization 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 Functions notes set out under those sections.
Executive Documents
Panama Canal and Panama Railroad CompanyEx. Ord. No. 10237, Apr. 27, 1951, 16 F.R. 3627, made the provisions of former sections 221 and 223 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 Intelligence 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 Services of the Congress and to publish this memorandum in the Federal Register. Ronald Reagan.
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# 5 U.S.C. § 7532 - Suspension and removal
## Text
(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;
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 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.
(Pub. L. 89554, Sept. 6, 1966, 80 Stat. 529.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 221 (less 3d5th provisos).Aug. 26, 1950, ch. 803, § 1 (less 3d5th provisos), 64 Stat. 476.  July 29, 1958, Pub. L. 85568, § 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.
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# 5 U.S.C. § 7533 - Effect on other statutes
## Text
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. 89554, Sept. 6, 1966, 80 Stat. 529.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 222.Aug. 26, 1950, ch. 803, § 2, 64 Stat. 477. Standard changes are made to conform with the definitions 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 Functions notes set out under those sections.
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# 5 U.S.C. § 7541 - Definitions
## Text
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 subchapter II of this chapter immediately before appointment to the Senior Executive Service; and
(2) “suspension” has the meaning set forth in section 7501(2) of this title.
(Added Pub. L. 95454, title IV, § 411(2), Oct. 13, 1978, 92 Stat. 1174; amended Pub. L. 11492, div. A, title XI, § 1105(c)(5), Nov. 25, 2015, 129 Stat. 1024; Pub. L. 11781, div. A, title XI, § 1106(b)(2)(E), Dec. 27, 2021, 135 Stat. 1950.)
## Notes
Editorial Notes
Amendments2021—Par. (1)(A). Pub. L. 11781 struck out “or section 1599e of title 10” after “section 3393(d) of this title”. 2015—Par. (1)(A). Pub. L. 11492 inserted “or section 1599e of title 10” after “this title”.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentAmendment by Pub. L. 11781 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 reflect the probable intent of Congress. See Effective Date of Repeal note under section 1599e of Title 10.
Effective DateSection effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95454, see section 415 of Pub. L. 95454, set out as a note under section 3131 of this title.
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---
# 5 U.S.C. § 7542 - Actions covered
## Text
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. 95454, title IV, § 411(2), Oct. 13, 1978, 92 Stat. 1174; amended Pub. L. 9735, title XVII, § 1704(d)(1), Aug. 13, 1981, 95 Stat. 758; Pub. L. 10112, § 9(a)(2), Apr. 10, 1989, 103 Stat. 35.)
## Notes
Editorial Notes
Amendments1989—Pub. L. 10112 substituted “1215” for “1206”. 1981—Pub. L. 9735 inserted reference to section 3595 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1989 AmendmentAmendment by Pub. L. 10112 effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 10112, set out as a note under section 1201 of this title.
Effective Date of 1981 AmendmentAmendment by Pub. L. 9735 effective June 1, 1981, with certain exceptions and conditions, see section 1704(e) of Pub. L. 9735, set out as an Effective Date note under section 3595 of this title.
Effective DateSection effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95454, see section 415 of Pub. L. 95454, set out as a note under section 3131 of this title.
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type: "LegalText"
title: "5 U.S.C. § 7543"
description: "Cause and procedure"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 5
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
chapter_number: "75"
chapter_name: "ADVERSE ACTIONS"
section: "7543"
citation: "5 U.S.C. § 7543"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
source_identifier: "/us/usc/t5/s7543"
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---
# 5 U.S.C. § 7543 - Cause and procedure
## Text
(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—
(1) 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;
(2) 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;
(3) be represented by an attorney or other representative; and
(4) 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 employees request.
(Added Pub. L. 95454, title IV, § 411(2), Oct. 13, 1978, 92 Stat. 1174; amended Pub. L. 9735, title XVII, § 1704(d)(2), Aug. 13, 1981, 95 Stat. 758; Pub. L. 98615, title III, § 304(c), Nov. 8, 1984, 98 Stat. 3219.)
## Notes
Editorial Notes
Amendments1984—Subsec. (a). Pub. L. 98615 inserted reference to failure to accept a directed reassignment or to accompany a position in a transfer of function. 1981—Subsec. (a). Pub. L. 9735 substituted “misconduct, neglect of duty, or malfeasance” for “such cause as will promote the efficiency of the service”.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98615 effective Nov. 8, 1984, see section 307 of Pub. L. 98615, set out as a note under section 3393 of this title.
Effective Date of 1981 AmendmentAmendment by Pub. L. 9735 effective June 1, 1981, with certain exceptions and conditions, see section 1704(e) of Pub. L. 9735, set out as an Effective Date note under section 3595 of this title.
Effective DateSection effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95454, see section 415 of Pub. L. 95454, set out as a note under section 3131 of this title.