5 U.S.C. § 7312
Employment and clearance; individuals removed for national security
Removal under section 7532 of this title does not affect the right of an individual so removed to seek or accept employment in an agency of the United States other than the agency from which removed. However, the appointment of an individual so removed may be made only after the head of the agency concerned has consulted with the Office of Personnel Management. The Office, on written request of the head of the agency or the individual so removed, may determine whether the individual is eligible for employment in an agency other than the agency from which removed.
Notes of Decisions
Cited in 2
cases, 1988–1989 · leading case: John Doe v. Richard B. Cheney, Sec'y of Dep't of Def., 885 F.2d 898 (D.C. Cir. 1989).
John Doe v. Richard B. Cheney, Sec'y of Dep't of Def., 885 F.2d 898 (D.C. Cir. 1989). “ort, it does not seem to outweigh Doe’s rights under chapter 370 to full-pay status pending the outcome of his removal case; notice of the reasons for denial of access, rather than notice only to the extent that the agency head determines that national security considerations…”
Carlucci v. Doe, 488 U.S. 93 (1988). “See 5 U. S. C. § 7312 . The Court has held that in light of its summary nature, Congress intended § 7532 to be invoked only where there is “an immediate threat of harm to the ‘national security’ ” in the sense that the delay from invoking “normal dismissal procedures” could…”
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