Title 5 — Government Organization and Employees
Part III · Chapter 75 — Adverse Actions
§ 7543. Cause and procedure
Statutory text
Under regulations prescribed by the Office of Personnel Management, an agency may take an action covered by this subchapter against an employee only for misconduct, neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.
An employee against whom an action covered by this subchapter is proposed is entitled to—
at least 30 days’ advance written notice, unless there is reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment can be imposed, stating specific reasons for the proposed action;
a reasonable time, but not less than 7 days, to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer;
be represented by an attorney or other representative; and
a written decision and specific reasons therefor at the earliest practicable date.
An agency may provide, by regulation, for a hearing which may be in lieu of or in addition to the opportunity to answer provided under subsection (b)(2) of this section.
An employee against whom an action is taken under this section is entitled to appeal to the Merit Systems Protection Board under section 7701 of this title.
Copies of the notice of proposed action, the answer of the employee when written, and a summary thereof when made orally, the notice of decision and reasons therefor, and any order effecting an action covered by this subchapter, together with any supporting material, shall be maintained by the agency and shall be furnished to the Merit Systems Protection Board upon its request and to the employee affected upon the employee’s request.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 95–454 title IV § 411(2) · 92 Stat. 1111
Enacted · 5 U.S.C. § 7543
Added Pub. L. 95–454, title IV, § 411(2), Oct. 13, 1978, 92 Stat. 1174
Source evidence
Code source credit
Added Pub. L. 95–454, title IV, § 411(2), Oct. 13, 1978, 92 Stat. 1174Enacted provision · exact public law section
(2) by adding the following after subchapter IV:Pub. L. 97–35 title XVII § 1704(d)(2) · 95 Stat. 357
Substituted · 5 U.S.C. § 7543(a)
Pub. L. 97–35 substituted “misconduct, neglect of duty, or malfeasance” for “such cause as will promote the efficiency of the service”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 97–35 substituted “misconduct, neglect of duty, or malfeasance” for “such cause as will promote the efficiency of the service”.Enacted provision · exact public law section
(2) Section 7543(a) of title 5, United States Code, is amended by striking out “such cause” and all that follows down through the period and inserting in lieu thereof “misconduct, neglect of duty, or malfeasance.”.Civil Service Retirement Spouse Equity Act of 1984
Pub. L. 98–615 title III § 304(c) · 98 Stat. 3195
Inserted · 5 U.S.C. § 7543(a)
Pub. L. 98–615 inserted reference to failure to accept a directed reassignment or to accompany a position in a transfer of function
Source evidence
Code amendment note
Subsec. (a). Pub. L. 98–615 inserted reference to failure to accept a directed reassignment or to accompany a position in a transfer of function.Enacted provision · exact public law section
(c) Section 7543(a) of such title is amended by striking out “or malfeasance.” and inserting in lieu thereof “malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.”.Effective date note
Amendment by Pub. L. 98–615 effective Nov. 8, 1984, see section 307 of Pub. L. 98–615, set out as a note under section 3393 of this title.
3 of 3 references resolved to an enrolled provision
Editorial Notes
Amendments1981–1984 · 2 rounds
1984
Subsec. (a). Pub. L. 98–615 inserted reference to failure to accept a directed reassignment or to accompany a position in a transfer of function.
1981
Subsec. (a). Pub. L. 97–35 substituted “misconduct, neglect of duty, or malfeasance” for “such cause as will promote the efficiency of the service”.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–615 effective , see section 307 of Pub. L. 98–615, set out as a note under section 3393 of this title.
Effective Date of 1981 Amendment
Amendment by Pub. L. 97–35 effective , with certain exceptions and conditions, see section 1704(e) of Pub. L. 97–35, set out as an Effective Date note under section 3595 of this title.
Effective Date
Section effective 9 months after , 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.
Credits
1978–1984 · 3 acts
- 1978Added Pub. L. 95–454, title IV, § 411(2), , 92 Stat. 1174
- 1981amended Pub. L. 97–35, title XVII, § 1704(d)(2), , 95 Stat. 758
- 1984Pub. L. 98–615, title III, § 304(c), , 98 Stat. 3219.
Show as published
(Added Pub. L. 95–454, title IV, § 411(2), , 92 Stat. 1174; amended Pub. L. 97–35, title XVII, § 1704(d)(2), , 95 Stat. 758; Pub. L. 98–615, title III, § 304(c), , 98 Stat. 3219.)