(b) An individual in the competitive service whose removal or suspension without pay is sought is entitled to reasons in writing and to(1) notice of the action sought and of any charges preferred against him; (2) a copy of the charges; (3) a reasonable time for filing a written answer to the charges, with affidavits; and (4) a written decision on the answer at the earliest practicable date. Examination of witnesses, trial, or hearing is not required but may be provided in the discretion of the individual directing the removal or suspension without pay. Copies of the charges, the notice of hearing, the answer, the reasons for and the order of removal or suspension without pay, and also the reasons for reduction in grade or pay, shall be made a part of the records of the employing agency, and, on request, shall be furnished to the individual affected and to the Civil Service Commission. (c) This section applies to a preference eligible employee as defined by section 7511 of this title only if he so elects. This section does not apply to the suspension or removal of an employee under section 7532 of this title. (Pub. L. 89-554, Sept. 6, 1966, 80 Štat. 527.) SUBCHAPTER II-PREFERENCE ELIGIBLES §7511. Definitions For the purpose of this subchapter (1) "preference eligible employee" means a permanent or indefinite preference eligible who has completed a probationary or trial period as an employee of an Executive agency or as an individual employed by the government of the District of Columbia, but does not include an employee whose appointment is required by Congress to be confirmed by, or made with the advice and consent of, the Senate, except an employee whose appointment is made under section 3311 of title 39; and (2) "adverse action" means a removal, suspension for more than 30 days, furlough without pay, or reduction in rank or pay. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 528.) § 7512. Cause; procedure; exception (a) An agency may take adverse action against a preference eligible employee, or debar him for future appointment, only for such cause as will promote the efficiency of the service. (b) A preference eligible employee against whom adverse action is proposed is entitled to (1) at least 30 days' advance written notice, except when there is reasonable cause to believe him guilty of a crime for which a sentence of imprisonment can be imposed, stating any and all reasons, specifically and in detail, for the proposed action; (2) a reasonable time for answering the notice personally and in writing and for furnishing affidavits in support of the answer; and (3) a notice of an adverse decision. (c) This section does not apply to the suspension or removal of a preference eligible employee under section 7532 of this title. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 528.) SUBCHAPTER III-HEARING EXAMINERS § 7521. Removal A hearing examiner appointed under section 3105 of this title may be removed by the agency in which he is employed only for good cause established and determined by the Civil Service Commission on the record after opportunity for hearing. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 528.) SUBCHAPTER IV-NATIONAL SECURITY 87531. Definitions For the purpose of this subchapter, "agency" means—— (1) the Department of State; (2) the Department of Commerce; (3) the Department of Justice; (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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 528.) § 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 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.) 87533. Effect on other statutes This subchapter does not impair the powers vested in the Atomic Energy Commission by chapter 23 of title 42, or the requirement in section 2201 (d) of title 42 that adequate provision be made for administrative review of a determination to dismiss an employee of the Atomic Energy Commission. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 529.) SEC. CHAPTER 77-APPEALS 7701. Appeals of preference eligibles. § 7701. Appeals of preference eligibles A preference eligible employee as defined by section 7511 of this title is entitled to appeal to the Civil Service Commission from an adverse decision under section 7512 of this title of an administrative authority so acting. The employee shall submit the appeal in writing within a reasonable time after receipt of notice of the adverse decision, and is entitled to appear personally or through a representative under regulations prescribed by the Commission. The Commission, after investigation and consideration of the evidence submitted, shall submit its findings and recommendations to the administrative authority and shall send copies of the findings and recommendations to the appellant or his representative. The administrative authority shall take the corrective action that the Commission finally recommends. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 530.) SEC. CHAPTER 79-SERVICES TO EMPLOYEES 7901. Health service programs. 7902. Safety programs. 7903. Protective clothing and equipment. § 7901. Health service programs (a) The head of each agency of the Government of the United States may establish, within the limits of appropriations available, a health service program to promote and maintain the physical and mental fitness of employees under his jurisdiction. (b) A health service program may be established by contract or otherwise, but only (1) after consultation with the Secretary of Health, Education, and Welfare and consideration of its recommendations; and (2) in localities where there are a sufficient number of employees to warrant providing the service. (c) A health service program is limited to (1) treatment of on-the-job illness and dental conditions requiring emergency attention; (2) preemployment and other examinations; (3) referral of employees to private physicians and dentists; and (4) preventive programs relating to health. (d) The Secretary of Health, Education, and Welfare, on request, shall review a health service program conducted under this section and shall submit comment and recommendations to the head of the agency concerned. (e) When this section authorizes the use of the professional services of physicians, that authorization includes the use of the professional services of surgeons and osteopathic practitioners within the scope of their practice as defined by State law. (f) The health programs conducted by the following agencies are not affected by this section (1) the Tennessee Valley Authority; (2) the Canal Zone Government; and (3) the Panama Canal Company. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 530, amended Pub. L. 90–83, § 1(47), Sept. 11, 1967, 81 Stat. 209.) §7902. Safety programs (a) For the purpose of this section (1) "employee" means an employee as defined by section 8101 of this title; and (2) "agency" means an agency in any branch of the Government of the United States, including an instrumentality wholly owned by the United States, and the government of the District of Columbia. (b) The Secretary of Labor shall carry out a safety program under section 941 (b) (1) of title 33 covering the employment of each employee of an agency. (c) The President may (1) establish by Executive order a safety council composed of representatives of the agencies to serve as an advisory body to the Secretary in furtherance of the safety program carried out by the Secretary under subsection (b) of this section; and (2) undertake such other measures as he considers proper to prevent injuries and accidents to employees of the agencies. (d) The head of each agency shall develop and support organized safety promotion to reduce accidents and injuries among employees of his agency, encourage safe practices, and eliminate work hazards and health risks. (e) Each agency shall (1) keep a record of injuries and accidents to its employees whether or not they result in loss of time or in the payment or furnishing of benefits; and (2) make such statistical or other reports on such forms as the Secretary may prescribe by regulation. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 530.) § 7903. Protective clothing and equipment Appropriations available for the procurement of supplies and material or equipment are available for the purchase and maintenance of special clothing and equipment for the protection of personnel in the performance of their assigned tasks. For the purpose of this section, "appropriations" includes funds made available by statute under section 849 of title 31. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 531.) Subpart G-Insurance and Annuities CHAPTER 81-COMPENSATION FOR WORK INJURIES SUBCHAPTER I-GENERALLY SEC. 8101. Definitions. 8102. Compensation for disability or death of employee. 8103. Medical services and initial medical and other benefits. 8108. Reduction of compensation for subsequent injury to same member. 8109. Beneficiaries of awards unpaid at death; order of precedence. 8110. Augmented compensation for dependents. 8111. Additional compensation for services of attendants or vocational |