U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart F— Labor-Management and Employee Relations › Chapter CHAPTER 75— ADVERSE ACTIONS › Subchapter SUBCHAPTER V— SENIOR EXECUTIVE SERVICE

5 U.S.C. § 7541

Definitions

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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 section 3393(d) of this title; or(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 section 7501(2) of this title.(Added Pub. L. 95–454, title IV, § 411(2), Oct. 13, 1978, 92 Stat. 1174; amended Pub. L. 114–92, div. A, title XI, § 1105(c)(5), Nov. 25, 2015, 129 Stat. 1024; Pub. L. 117–81, div. A, title XI, § 1106(b)(2)(E), Dec. 27, 2021, 135 Stat. 1950.)Editorial NotesAmendments

2021—Par. (1)(A). Pub. L. 117–81 struck out “or section 1599e of title 10” after “section 3393(d) of this title”.

2015—Par. (1)(A). Pub. L. 114–92 inserted “or section 1599e of title 10” after “this title”.

Statutory Notes and Related SubsidiariesEffective Date of 2021 Amendment

Amendment by Pub. L. 117–81 applied as if effective Dec. 31, 2022, to correspond to the effective date of the repeal of section 1599e of Title 10, Armed Forces, to reflect the probable intent of Congress. See Effective Date of Repeal note under section 1599e of Title 10.

Effective Date

Section effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415 of Pub. L. 95–454, set out as a note under section 3131 of this title.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 1998–2026 · leading case: Adams v. United States, 40 Fed. Cl. 303 (Fed. Cl. 1998).
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Adams v. United States, 40 Fed. Cl. 303 (Fed. Cl. 1998). “Subchapter V, 5 U.S.C. §§ 7541 — 43, applies to the suspension or removal of career senior executive service employees, and permits suspensions of more than fourteen days for a variety of reasons including misconduct and neglect of duty.”
Donald LaVoy v. Dep't of Agric. (MSPB 2024). “5 See 5 U.S.C. §§ 7541 (1), 7542, 7543(d); 5 C.”
Palmeri v. MSPB (Fed. Cir. 2026). “Further, section 3151 empowers the Attorney General to establish the FBI-DEA SES and “appoint, promote, and as- sign individuals to positions established within the FBI- DEA [SES] without regard to the provisions of this title governing appointments and other personnel actions…”
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