
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC7532]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
           Subpart F--Labor-Management and Employee Relations
 
                       CHAPTER 75--ADVERSE ACTIONS
 
                    SUBCHAPTER IV--NATIONAL SECURITY
 
Sec. 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--
        (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. 89-554, Sept. 6, 1966, 80 Stat. 529.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 22-1 (less 3d-5th    Aug. 26, 1950, ch.
                      provisos).                    803, Sec.  1 (less
                                                    3d-5th provisos), 64
                                                    Stat. 476.
                     ............................  July 29, 1958, Pub.
                                                    L. 85-568, Sec.
                                                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 3393, 3571, 7121, 7312, 
7502, 7512, 7521, 7542 of this title; title 50 section 832.
