CHAPTER 75 —ADVERSE ACTIONS
SUBCHAPTER I—SUSPENSION OF 1 14 DAYS OR LESS
SUBCHAPTER II—REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS, REDUCTION IN GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS
SUBCHAPTER III—ADMINISTRATIVE LAW JUDGES
SUBCHAPTER IV—NATIONAL SECURITY
SUBCHAPTER V—SENIOR EXECUTIVE SERVICE
Amendments
2017—
1978—
Ex. Ord. No. 13839. Promoting Accountability and Streamlining Removal Procedures Consistent With Merit System Principles
Ex. Ord. No. 13839, May 25, 2018, 83 F.R. 25343, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
(b) Supervisors and deciding officials should not be required to use progressive discipline. The penalty for an instance of misconduct should be tailored to the facts and circumstances.
(c) Each employee's work performance and disciplinary history is unique, and disciplinary action should be calibrated to the specific facts and circumstances of each individual employee's situation. Conduct that justifies discipline of one employee at one time does not necessarily justify similar discipline of a different employee at a different time -- particularly where the employees are in different work units or chains of supervision -- and agencies are not prohibited from removing an employee simply because they did not remove a different employee for comparable conduct. Nonetheless, employees should be treated equitably, so agencies should consider appropriate comparators as they evaluate potential disciplinary actions.
(d) Suspension should not be a substitute for removal in circumstances in which removal would be appropriate. Agencies should not require suspension of an employee before proposing to remove that employee, except as may be appropriate under applicable facts.
(e) When taking disciplinary action, agencies should have discretion to take into account an employee's disciplinary record and past work record, including all past misconduct -- not only similar past misconduct. Agencies should provide an employee with appropriate notice when taking a disciplinary action.
(f) To the extent practicable, agencies should issue decisions on proposed removals taken under
(g) To the extent practicable, agencies should limit the written notice of adverse action to the 30 days prescribed in
(h) The removal procedures set forth in
(i) A probationary period should be used as the final step in the hiring process of a new employee. Supervisors should use that period to assess how well an employee can perform the duties of a job. A probationary period can be a highly effective tool to evaluate a candidate's potential to be an asset to an agency before the candidate's appointment becomes final.
(j) Following issuance of regulations under section 7 of this order, agencies should prioritize performance over length of service when determining which employees will be retained following a reduction in force.
(a) subject to grievance procedures or binding arbitration disputes concerning:
(i) the assignment of ratings of record; or
(ii) the award of any form of incentive pay, including cash awards; quality step increases; or recruitment, retention, or relocation payments;
(b) make any agreement, including a collective bargaining agreement:
(i) that limits the agency's discretion to employ
(ii) that requires the use of procedures under
(iii) that limits the agency's discretion to remove an employee from Federal service without first engaging in progressive discipline; or
(c) generally afford an employee more than a 30-day period to demonstrate acceptable performance under
(i) the number of civilian employees in a probationary period or otherwise employed for a specific term who were removed by the agency;
(ii) the number of civilian employees reprimanded in writing by the agency;
(iii) the number of civilian employees afforded an opportunity period by the agency under
(iv) the number of adverse personnel actions taken against civilian employees by the agency, broken down by type of adverse personnel action, including reduction in grade or pay (or equivalent), suspension, and removal;
(v) the number of decisions on proposed removals by the agency taken under
(vi) the number of adverse personnel actions by the agency for which employees received written notice in excess of the 30 days prescribed in
(vii) the number and key terms of settlements reached by the agency with civilian employees in cases arising out of adverse personnel actions; and
(viii) the resolutions of litigation about adverse personnel actions involving civilian employees reached by the agency.
(b) Compilation and submission of the data required by subsection (a) of this section shall be conducted in accordance with all applicable laws, including those governing privacy and data security.
(c) To enhance public accountability of agencies for their management of the Federal workforce, the OPM Director shall, consistent with applicable law, publish the information received under subsection (a) of this section, at the minimum level of aggregation necessary to protect personal privacy. The OPM Director may withhold particular information if publication would unduly risk disclosing information protected by law, including personally identifiable information.
(d) Within 60 days of the date of this order [May 25, 2018], the OPM Director shall issue guidance regarding the implementation of this section, including with respect to any exemptions necessary for compliance with applicable law and the reporting format for submissions required by subsection (a) of this section.
(b) The head of each agency shall take steps to conform internal agency discipline and unacceptable performance policies to the principles and requirements of this order. To the extent consistent with law, each agency head shall:
(i) within 45 days of this order, revise its discipline and unacceptable performance policies to conform to the principles and requirements of this order, in areas where new final Office of Personnel Management (OPM) regulations are not required, and shall further revise such policies as necessary to conform to any new final OPM regulations, within 45 days of the issuance of such regulations; and
(ii) renegotiate, as applicable, any collective bargaining agreement provisions that are inconsistent with any part of this order or any final OPM regulations promulgated pursuant to this order. Each agency shall give any contractually required notice of its intent to alter the terms of such agreement and reopen negotiations. Each agency shall, to the extent consistent with law, subsequently conform such terms to the requirements of this order, and to any final OPM regulations issued pursuant to this order, on the earliest practicable date permitted by law.
(c) Within 15 months of the adoption of any final rules issued pursuant to subsection (a) of this section, the OPM Director shall submit to the President a report, through the Director of the Office of Management and Budget, evaluating the effect of those rules, including their effect on the ability of Federal supervisors to hold employees accountable for their performance.
(d) Within a reasonable amount of time following the adoption of any final rules issued pursuant to subsection (a) of this section, the OPM Director and the Chief Human Capital Officers Council shall undertake a Government-wide initiative to educate Federal supervisors about holding employees accountable for unacceptable performance or misconduct under those rules.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) Agencies shall consult with employee labor representatives about the implementation of this order. Nothing in this order shall abrogate any collective bargaining agreement in effect on the date of this order.
(c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(e) If any provision of this order, including any of its applications, is held to be invalid, the remainder of this order and all of its other applications shall not be affected thereby.
Donald J. Trump.
[Ex. Ord. No. 13839, set out above, construed to be amended to the extent necessary, by Memorandum of President of the United States, Oct. 11, 2019, 84 F.R. 56095, set out as a note under
1 So in original. Does not conform to subchapter heading.
SUBCHAPTER I—SUSPENSION FOR 14 DAYS OR LESS
Amendments
1978—
§7501. Definitions
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, except as provided in
(2) "suspension" means the placing of an employee, for disciplinary reasons, in a temporary status without duties and pay.
(Added
Prior Provisions
A prior section 7501,
Amendments
2015—Par. (1).
Effective Date
Section effective 90 days after Oct. 13, 1978, see section 907 of
Short Title of 1990 Amendment
§7502. Actions covered
This subchapter applies to a suspension for 14 days or less, but does not apply to a suspension under
(Added
Amendments
1989—
Effective Date of 1989 Amendment
Amendment by
Effective Date
Section effective 90 days after Oct. 13, 1978, see section 907 of
§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—
(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 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.
(Added
Effective Date
Section effective 90 days after Oct. 13, 1978, see section 907 of
Information on Appeal Rights
"(A)
"(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)
1 So in original. Probably should be "affecting".
§7504. Regulations
The Office of Personnel Management may prescribe regulations to carry out the purpose of this subchapter.
(Added
Effective Date
Section effective 90 days after Oct. 13, 1978, see section 907 of
SUBCHAPTER II—REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS, REDUCTION IN GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS
Amendments
1978—
§7511. Definitions; application
(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) except as provided in
(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
(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.
(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
(9) who is described in
(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
References in Text
Section 103 of the Foreign Service Act of 1980, referred to in subsec. (b)(6), is classified to
Prior Provisions
A prior section 7511,
Amendments
2016—Subsec. (b)(5).
2015—Subsec. (a)(1)(A)(ii).
2006—Subsec. (a)(1)(B)(ii).
Subsec. (b)(8).
2004—Subsec. (b)(7).
1996—Subsec. (b)(8).
1994—Subsec. (b)(8).
1992—Subsec. (b)(7).
Subsec. (b)(10).
1990—
"(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
"(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."
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1992 Amendment
"(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 (
"(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
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 Amendment
Amendment by
Effective Date
Section effective 90 days after Oct. 13, 1978, see section 907 of
§7512. Actions covered
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
(B) a reduction-in-force action under
(C) the reduction in grade of a supervisor or manager who has not completed the probationary period under
(D) a reduction in grade or removal under
(E) an action initiated under
(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
Prior Provisions
A prior section 7512,
Amendments
2015—Par. (F).
1989—Par. (E).
Effective Date of 1989 Amendment
Amendment by
Effective Date
Section effective 90 days after Oct. 13, 1978, see section 907 of
§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—
(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
(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.
(Added
Effective Date
Section effective 90 days after Oct. 13, 1978, see section 907 of
§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
Effective Date
Section effective 90 days after Oct. 13, 1978, see section 907 of
§7515. Discipline of supervisors based on retaliation against whistleblowers
(a)
(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 (
(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)
(1)
(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)
(A)
(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)
(i)
(ii)
(C)
(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)
(Added
Prior Provisions
A prior section 7515,
SUBCHAPTER III—ADMINISTRATIVE LAW JUDGES
Amendments
1978—
§7521. Actions against administrative law judges
(a) An action may be taken against an administrative law judge appointed under
(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
(B) a reduction-in-force action under
(C) any action initiated under
(Added
Prior Provisions
A prior section 7521,
Amendments
1989—Subsec. (b)(C).
Effective Date of 1989 Amendment
Amendment by
Effective Date
Section effective 90 days after Oct. 13, 1978, see section 907 of
SUBCHAPTER IV—NATIONAL SECURITY
§7531. Definitions
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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 26, 1950, ch. 823, §3, |
Paragraphs (1)–(8) are supplied on authority of former section 22–1, 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,
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.
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
Abolition of Atomic Energy Commission
Atomic Energy Commission abolished and functions transferred by
Panama Canal and Panama Railroad Company
Ex. Ord. No. 10237, Apr. 27, 1951, 16 F.R. 3627, made the provisions of former
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
Therefore, pursuant to the authority set forth in
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.
§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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 26, 1950, ch. 803, §1 (less 3d–5th provisos), |
||
July 29, 1958, |
The application of this section is covered by the definition in section 7531.
In subsection (a), the words "Notwithstanding the provisions of
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.
§7533. Effect on other statutes
This subchapter does not impair the powers vested in the Atomic Energy Commission by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 26, 1950, ch. 803, §2, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Transfer of Functions
Atomic Energy Commission abolished and functions transferred by
SUBCHAPTER V—SENIOR EXECUTIVE SERVICE
§7541. Definitions
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
(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
(Added
Amendments
2015—Par. (1)(A).
Effective Date
Section effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of
§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
(Added
Amendments
1989—
1981—
Effective Date of 1989 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by
Effective Date
Section effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of
§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—
(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
(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.
(Added
Amendments
1984—Subsec. (a).
1981—Subsec. (a).
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by
Effective Date
Section effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of