Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

5 U.S.C. 863 (less 1st 168 words, and less 2d proviso).

June 27, 1944, ch. 287, § 14 (less 1st 168 words, and less 2d proviso), 58 Stat. 390.

Aug. 4, 1947, ch. 447, 61 Stat. 723.

 

5 U.S.C. 868 (proviso).

June 22, 1948, ch. 604, 62 Stat. 575.

The application of the section is established by the words “A preference eligible employee as defined by section 7511 of this title”. Specific mention of the actions appealable are covered by the reference to “an adverse decision under section 7512 of this title”. The words “administrative authority” are substituted for “administrative officer” to avoid conflict with the definitions of “employee” and “officer” in chapter 21 of this title and to include an individual who is employed by the government of the District of Columbia or who is a member of a uniformed service as such an individual could have been an “administrative officer” under former section 863. The words “the date of” in the phrase “after the date of receipt of notice” are omitted as unnecessary. The words “reasonable rules and” in the phrase “reasonable rules and regulations” are omitted as unnecessary. The word “proper” in the phrase “proper administrative officer” is omitted as unnecessary. The word “designated” in the phrase “designated representative” is omitted as unnecessary.

Standard changes are made to conform with the definitions applicable and the style of this title outlined in preface to the report.

Editorial Notes
Amendments

2002—Subsec. (c)(1)(A). Pub. L. 107–296, which directed the amendment of subpar. (A) by striking “or removal from the Senior Executive Service for failure to be recertified under section 3393a”, was executed by striking out “or a removal from the Senior Executive Service for failure to be recertified under section 3393a” after “section 4303” to reflect the probable intent of Congress.

1992—Subsec. (c)(1)(A). Pub. L. 102–378 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “in the case of an action based on unacceptable performance described in section 4303 or a removal from the Senior Executive Service for failure to be recertified under section 3393a of this title, is supported by substantial evidence, or”.

1991—Subsec. (b)(3). Pub. L. 102–175 added par. (3).

1990—Subsec. (c)(1)(A). Pub. L. 101–280 amended Pub. L. 101–194, see 1989 Amendment note below.

Subsecs. (j), (k). Pub. L. 101–376 added subsec. (j) and redesignated former subsec. (j) as (k).

1989—Subsec. (b). Pub. L. 101–12 designated existing provisions as par. (1) and added par. (2).

Subsec. (c)(1)(A). Pub. L. 101–194, as amended by Pub. L. 101–280, which directed the substitution of “or a removal from the Senior Executive Service for failure to be recertified under section 3393a of” for “of”, was executed by making the substitution for the second reference to “of” as the probable intent of Congress.

1986—Subsec. (i)(2). Pub. L. 99–386 substituted “fiscal” for “calendar”.

1979—Subsec. (e)(1). Pub. L. 96–54, § 2(a)(45)(A), substituted “administrative” for “administration”.

Subsec. (g)(1). Pub. L. 96–54, § 2(a)(45)(B), substituted “(as the case may be)” for “, as the case may be,”.

Subsec. (h). Pub. L. 96–54, § 2(a)(45)(C), substituted “subsection (e)” for “subsection (d)”.

1978—Pub. L. 95–454 substituted “Appellate procedures” for “Appeals of preference eligibles” in section catchline, and in text substituted provisions relating to procedures applicable with respect to the Merit Systems Protection Board for an employee or applicant for employment, for provisions relating to appeals of preference eligible employees.

Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–376 effective Aug. 17, 1990, and applicable with respect to any appeal or other proceeding brought on or after such date, see section 4 of Pub. L. 101–376, set out as a note under section 4303 of this title.

Effective Date of 1989 Amendments

Amendment by Pub. L. 101–194 effective Jan. 1, 1991, see section 506(d) of Pub. L. 101–194, set out as a note under section 3151 of this title.

Amendment by Pub. L. 101–12 effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101–12, set out as a note under section 1201 of this title.

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

Savings Provision

For effect of Pub. L. 101–12 on orders, rules, and regulations issued before effective date of Pub. L. 101–12, administrative proceedings pending at time provisions of Pub. L. 101–12 take effect, and suits and other proceedings as in effect immediately before effective date of Pub. L. 101–12, see section 7 of Pub. L. 101–12, set out as a note under section 1201 of this title.

Termination of Reporting Requirements

For termination, effective May 15, 2000, of reporting provisions in subsec. (i)(2) of this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 177 of House Document No. 103–7.

Executive Documents
Executive Order No. 11787

Ex. Ord. No. 11787, June 11, 1974, 39 F.R. 20675; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, which provided that the appeals system established by the Merit Systems Protection Board is the sole system of appeal for an employee covered by that appeal system, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.