---
kind: "range"
citation: "5 U.S.C. §§ 7501–7514"
title: "5"
from: "7501"
to: "7514"
count: 8
release: "119-102"
url: "https://uscodex.org/usc/5/7501..7514"
---

# §7501. Definitions


For the purpose of this subchapter—

- (1) “employee” means an individual in the competitive [service](/usc/5/8331.md?p=12) 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](/usc/5/5531.md?p=2) under other than a temporary appointment limited to 1 year or less; and
- (2) “suspension” means the placing of an [employee](#1), for disciplinary reasons, in a temporary status without duties and pay.

# §7502. Actions covered


This subchapter applies to a [suspension](/usc/5/7501.md?p=2) for 14 days or less, but does not apply to a [suspension](/usc/5/7501.md?p=2) under section [7521](/usc/5/7521.md) or [7532](/usc/5/7532.md) of this title or any action initiated under [section 1215 of this title](/usc/5/1215.md).


# §7503. Cause and procedure

- (a) Under regulations prescribed by the Office of Personnel Management, an [employee](/usc/5/7501.md?p=1) may be suspended for 14 days or less for such cause as will promote the efficiency of the [service](/usc/5/8331.md?p=12) (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](/usc/5/7501.md?p=1) against whom a [suspension](/usc/5/7501.md?p=2) 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](/usc/5/7501.md?p=1) if written, a summary thereof if made orally, the notice of decision and reasons therefor, and any order effecting[^1] the [suspension](/usc/5/7501.md?p=2), together with any supporting material, shall be maintained by the [agency](/usc/5/500.md?p=a-1) and shall be furnished to the Merit Systems Protection [Board](/usc/5/8401.md?p=5) upon its request and to the [employee](/usc/5/7501.md?p=1) affected upon the [employee](/usc/5/7501.md?p=1)’s request.

# §7504. Regulations


The Office of Personnel Management may prescribe regulations to carry out the purpose of this subchapter.


# §7511. Definitions; application

- (a) For the purpose of this subchapter—
  - (1) “employee” means—
    - (A) an individual in the competitive [service](/usc/5/8331.md?p=12)—
      - (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](/usc/5/8331.md?p=12) under other than a temporary appointment limited to 1 year or less;
    - (B) a preference eligible in the excepted [service](/usc/5/8331.md?p=12) who has completed 1 year of current continuous [service](/usc/5/8331.md?p=12) in the same or similar [positions](/usc/5/5531.md?p=2)—
      - (i) in an [Executive agency](/usc/5/3330d.md?p=a-2-A); or
      - (ii) in the United States Postal [Service](/usc/5/8331.md?p=12) or Postal Regulatory Commission; and
    - (C) an individual in the excepted [service](/usc/5/8331.md?p=12) (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](/usc/5/8331.md?p=12); or
      - (ii) who has completed 2 years of current continuous [service](/usc/5/8331.md?p=12) in the same or similar [positions](/usc/5/5531.md?p=2) in an [Executive agency](/usc/5/3330d.md?p=a-2-A) under other than a temporary appointment limited to 2 years or less;
  - (2) “[suspension](/usc/5/7541.md?p=2)” has the same meaning as set forth in [section 7501(2) of this title](/usc/5/7501.md?p=2);
  - (3) “grade” means a level of classification under a [position](/usc/5/5531.md?p=2) classification system;
  - (4) “pay” means the rate of basic pay fixed by law or administrative action for the [position](/usc/5/5531.md?p=2) held by an [employee](#a-1); and
  - (5) “furlough” means the placing of an [employee](#a-1) in a temporary status without duties and [pay](#a-4) because of lack of work or funds or other nondisciplinary reasons.
- (b) This subchapter does not apply to an [employee](#a-1)—
  - (1) whose appointment is made by and with the advice and consent of the Senate;
  - (2) whose [position](/usc/5/5531.md?p=2) has been determined to be of a confidential, policy-determining, policy-making or policy-advocating character by—
    - (A) the President for a [position](/usc/5/5531.md?p=2) that the President has excepted from the competitive [service](/usc/5/8331.md?p=12);
    - (B) the Office of Personnel Management for a [position](/usc/5/5531.md?p=2) that the Office has excepted from the competitive [service](/usc/5/8331.md?p=12); or
    - (C) the President or the head of an [agency](/usc/5/500.md?p=a-1) for a [position](/usc/5/5531.md?p=2) excepted from the competitive [service](/usc/5/8331.md?p=12) by statute;
  - (3) whose appointment is made by the President;
  - (4) who is receiving an annuity from the Civil [Service](/usc/5/8331.md?p=12) Retirement and Disability Fund, or the Foreign [Service](/usc/5/8331.md?p=12) Retirement and Disability Fund, based on the [service](/usc/5/8331.md?p=12) of such [employee](#a-1);
  - (5) Repealed. Pub. L. 114–328, div. A, title V, § 512(c), Dec. 23, 2016, 130 Stat. 2112.
  - (6) who is a [member](/usc/5/5531.md?p=1) of the Foreign [Service](/usc/5/8331.md?p=12), as described in section 103 of the Foreign Service Act of 1980;
  - (7) whose [position](/usc/5/5531.md?p=2) is within the Central Intelligence [Agency](/usc/5/500.md?p=a-1) or the Government Accountability Office;
  - (8) whose [position](/usc/5/5531.md?p=2) is within the United States Postal [Service](/usc/5/8331.md?p=12), the Postal Regulatory Commission, the Panama Canal Commission, the Tennessee Valley [Authority](/usc/5/7103.md?p=a-6), the Federal Bureau of Investigation, an intelligence component of the Department of Defense (as defined in [section 1614 of title 10](/usc/10/1614.md)), or an intelligence activity of a military department covered under subchapter I of [chapter 83](/usc/10/chstA-ptII-ch83.md) of title 10, unless [subsection (a)(1)(B)](#a-1-B) of this section or [section 1005(a) of title 39](/usc/39/1005.md?p=a) is the basis for this subchapter’s applicability;
  - (9) who is described in [section 5102(c)(11) of this title](/usc/5/5102.md?p=c-11); or
  - (10) who holds a [position](/usc/5/5531.md?p=2) within the [Veterans](/usc/5/2108.md?p=1) Health Administration which has been excluded from the competitive [service](/usc/5/8331.md?p=12) by or under a provision of [title 38](/usc/38.md), unless such [employee](#a-1) was appointed to such [position](/usc/5/5531.md?p=2) under section 7401(3) of such title.
- (c) The Office may provide for the application of this subchapter to any [position](/usc/5/5531.md?p=2) or group of [positions](/usc/5/5531.md?p=2) excepted from the competitive [service](/usc/5/8331.md?p=12) by regulation of the Office which is not otherwise covered by this subchapter.

# §7512. Actions covered


This subchapter applies to—

- (1) a removal;
- (2) a [suspension](/usc/5/7541.md?p=2) for more than 14 days;
- (3) a reduction in [grade](/usc/5/7511.md?p=a-3);
- (4) a reduction in [pay](/usc/5/7511.md?p=a-4); and
- (5) a [furlough](/usc/5/7511.md?p=a-5) of 30 days or less;

but does not apply to—

- (A) a [suspension](/usc/5/7541.md?p=2) or removal under [section 7532 of this title](/usc/5/7532.md),
- (B) a reduction-in-force action under [section 3502 of this title](/usc/5/3502.md),
- (C) the reduction in [grade](/usc/5/7511.md?p=a-3) of a supervisor or manager who has not completed the probationary period under [section 3321(a)(2) of this title](/usc/5/3321.md?p=a-2) if such reduction is to the [grade](/usc/5/7511.md?p=a-3) held immediately before becoming such a supervisor or manager,
- (D) a reduction in [grade](/usc/5/7511.md?p=a-3) or removal under [section 4303 of this title](/usc/5/4303.md),
- (E) an action initiated under section [1215](/usc/5/1215.md) or [7521](/usc/5/7521.md) 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](/usc/5/8331.md?p=12).

# §7513. Cause and procedure

- (a) Under regulations prescribed by the Office of Personnel Management, an [agency](/usc/5/500.md?p=a-1) may take an action covered by this subchapter against an [employee](/usc/5/7511.md?p=a-1) only for such cause as will promote the efficiency of the [service](/usc/5/8331.md?p=12).
- (b) An [employee](/usc/5/7511.md?p=a-1) 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](/usc/5/7511.md?p=a-1) 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](/usc/5/500.md?p=a-1) 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)](#b-2) of this section.
- (d) An [employee](/usc/5/7511.md?p=a-1) against whom an action is taken under this section is entitled to appeal to the Merit Systems Protection [Board](/usc/5/8401.md?p=5) under [section 7701 of this title](/usc/5/7701.md).
- (e) Copies of the notice of proposed action, the answer of the [employee](/usc/5/7511.md?p=a-1) 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](/usc/5/500.md?p=a-1) and shall be furnished to the [Board](/usc/5/8401.md?p=5) upon its request and to the [employee](/usc/5/7511.md?p=a-1) affected upon the [employee](/usc/5/7511.md?p=a-1)’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](/usc/5/8401.md?p=5) may prescribe regulations.