5 U.S.C.
§ 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.
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