US Code

Public Law 119-73 (01/23/2026)

5 U.S.C. § 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)
section 7701 of this title An employee against whom an action is taken under this section is entitled to appeal to the Merit Systems Protection Board under .
(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.

Pub. L. 95–454, title IV, § 411(2)92 Stat. 1174Pub. L. 97–35, title XVII, § 1704(d)(2)95 Stat. 758Pub. L. 98–615, title III, § 304(c)98 Stat. 3219(Added , , ; amended , , ; , , .)

Editorial Notes

Amendments

Pub. L. 98–6151984—Subsec. (a). inserted reference to failure to accept a directed reassignment or to accompany a position in a transfer of function.

Pub. L. 97–351981—Subsec. (a). 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

Pub. L. 98–615section 307 of Pub. L. 98–615section 3393 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1981 Amendment

Pub. L. 97–35section 1704(e) of Pub. L. 97–35section 3595 of this titleAmendment by effective , with certain exceptions and conditions, see , set out as an Effective Date note under .

Effective Date

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