
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC7371]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
           Subpart F--Labor-Management and Employee Relations
 
             CHAPTER 73--SUITABILITY, SECURITY, AND CONDUCT
 
   SUBCHAPTER VII--MANDATORY REMOVAL FROM EMPLOYMENT OF CONVICTED LAW 
                          ENFORCEMENT OFFICERS
 
Sec. 7371. Mandatory removal from employment of law enforcement 
        officers convicted of felonies
        
    (a) In this section, the term--
        (1) ``conviction notice date'' means the date on which an agency 
    that employs a law enforcement officer has notice that the officer 
    has been convicted of a felony that is entered by a Federal or State 
    court, regardless of whether that conviction is appealed or is 
    subject to appeal; and
        (2) ``law enforcement officer'' has the meaning given that term 
    under section 8331(20) or 8401(17).

    (b) Any law enforcement officer who is convicted of a felony shall 
be removed from employment as a law enforcement officer on the last day 
of the first applicable pay period following the conviction notice date.
    (c)(1) This section does not prohibit the removal of an individual 
from employment as a law enforcement officer before a conviction notice 
date if the removal is properly effected other than under this section.
    (2) This section does not prohibit the employment of any individual 
in any position other than that of a law enforcement officer.
    (d) If the conviction is overturned on appeal, the removal shall be 
set aside retroactively to the date on which the removal occurred, with 
back pay under section 5596 for the period during which the removal was 
in effect, unless the removal was properly effected other than under 
this section.
    (e)(1) If removal is required under this section, the agency shall 
deliver written notice to the employee as soon as practicable, and not 
later than 5 calendar days after the conviction notice date. The notice 
shall include a description of the specific reasons for the removal, the 
date of removal, and the procedures made applicable under paragraph (2).
    (2) The procedures under section 7513(b)(2), (3), and (4), (c), (d), 
and (e) shall apply to any removal under this section. The employee may 
use the procedures to contest or appeal a removal, but only with respect 
to whether--
        (A) the employee is a law enforcement officer;
        (B) the employee was convicted of a felony; or
        (C) the conviction was overturned on appeal.

    (3) A removal required under this section shall occur on the date 
specified in subsection (b) regardless of whether the notice required 
under paragraph (1) of this subsection and the procedures made 
applicable under paragraph (2) of this subsection have been provided or 
completed by that date.

(Added Pub. L. 106-554, Sec. 1(a)(3) [title VI, Sec. 639(a)], Dec. 21, 
2000, 114 Stat. 2763, 2763A-168.)


                             Effective Date

    Pub. L. 106-554, Sec. 1(a)(3) [title VI, Sec. 639(c)], Dec. 21, 
2000, 114 Stat. 2763, 2763A-168, provided that: ``The amendments made by 
this section [enacting this subchapter] shall take effect 30 days after 
the date of enactment of this Act [Dec. 21, 2000] and shall apply to any 
conviction of a felony entered by a Federal or State court on or after 
that date.''
