---
kind: "range"
citation: "5 U.S.C. §§ 7541–7543"
title: "5"
from: "7541"
to: "7543"
count: 3
release: "119-102"
url: "https://uscodex.org/usc/5/7541..7543"
---

# §7541. Definitions


For the purpose of this subchapter—

- (1) “employee” means a career appointee in the Senior Executive [Service](/usc/5/8331.md?p=12) who—
  - (A) has completed the probationary period prescribed under [section 3393(d) of this title](/usc/5/3393.md?p=d); or
  - (B) was covered by the provisions of subchapter II of this chapter immediately before appointment to the Senior Executive [Service](/usc/5/8331.md?p=12); and
- (2) “suspension” has the meaning set forth in [section 7501(2) of this title](/usc/5/7501.md?p=2).

# §7542. Actions covered


This subchapter applies to a removal from the civil [service](/usc/5/8331.md?p=12) or [suspension](/usc/5/7541.md?p=2) for more than 14 days, but does not apply to an action initiated under [section 1215 of this title](/usc/5/1215.md), to a [suspension](/usc/5/7541.md?p=2) or removal under [section 7532 of this title](/usc/5/7532.md), or to a removal under section [3592](/usc/5/3592.md) or [3595](/usc/5/3595.md) of this title.


# §7543. Cause and procedure

- (a) Under regulations prescribed by the Office of Personnel Management, an [agency](/usc/5/500.md?p=a-1) may take an action covered by this subchapter against an [employee](/usc/5/7541.md?p=1) only for misconduct, neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a [position](/usc/5/5531.md?p=2) in a transfer of function.
- (b) An [employee](/usc/5/7541.md?p=1) 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](/usc/5/7541.md?p=1) 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](/usc/5/500.md?p=a-1) 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)](#b-2) of this section.
- (d) An [employee](/usc/5/7541.md?p=1) against whom an action is taken under this section is entitled to appeal to the Merit Systems Protection [Board](/usc/5/8401.md?p=5) under [section 7701 of this title](/usc/5/7701.md).
- (e) Copies of the notice of proposed action, the answer of the [employee](/usc/5/7541.md?p=1) 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](/usc/5/500.md?p=a-1) and shall be furnished to the Merit Systems Protection [Board](/usc/5/8401.md?p=5) upon its request and to the [employee](/usc/5/7541.md?p=1) affected upon the [employee](/usc/5/7541.md?p=1)’s request.