
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC7543]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
           Subpart F--Labor-Management and Employee Relations
 
                       CHAPTER 75--ADVERSE ACTIONS
 
                 SUBCHAPTER V--SENIOR EXECUTIVE SERVICE
 
Sec. 7543. Cause and procedure

    (a) 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.
    (b) An employee against whom an action covered by this subchapter is 
proposed is entitled to--
        (1) 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;
        (2) 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;
        (3) be represented by an attorney or other representative; and
        (4) a written decision and specific reasons therefor at the 
    earliest practicable date.

    (c) 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.
    (d) 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.
    (e) 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.

(Added Pub. L. 95-454, title IV, Sec. 411(2), Oct. 13, 1978, 92 Stat. 
1174; amended Pub. L. 97-35, title XVII, Sec. 1704(d)(2), Aug. 13, 1981, 
95 Stat. 758; Pub. L. 98-615, title III, Sec. 304(c), Nov. 8, 1984, 98 
Stat. 3219.)


                               Amendments

    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''.


                    Effective Date of 1984 Amendment

    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.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-35 effective June 1, 1981, 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 3151, 3393 of this title; 
title 10 section 1606; title 31 section 733.
