Sec. 1108. Clarification regarding adverse actions
463 words·~2 min read·
/bill/114/s/2814/is/section-1108·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 75 of title 5, United States Code, is amended— in section 7513(b)(1), by inserting , including the factual basis for the proposed action with sufficient clarity to reasonably inform the employee of the charge under the circumstances after proposed action ; and in section 7543(b)(1), by inserting , including the factual basis for the proposed action with sufficient clarity to reasonably inform the employee of the charge under the circumstances after proposed action . Section 7701(b) of such title is amended— by redesignating paragraph
(3)as paragraph (6); and by inserting after paragraph
(2)the following new paragraphs: With respect to an appeal from an adverse action covered by subchapter II or V of chapter 75, the Board shall— review whether the agency has proved the factual specifications of the charge in light of the circumstances; in the case of an adverse action covered by subchapter II of such chapter, review whether the proposed adverse action is for such cause as will promote the efficiency of the service; in the case of an adverse action covered by subchapter V of such chapter, review whether the proposed adverse action is for misconduct, neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function; and not infer any elements of proof from the title, caption, or label of the charge. An adverse action shall not be overturned or modified due to insufficiency of the charge if the factual basis for the proposed adverse action is stated with sufficient clarity so that the employee knew or reasonably should have known what the charge is. An action under section 4303 shall not be overturned because of the wording of a performance standard if the employee has been placed on notice in the performance standards or by other means during the applicable minimal appraisal period, including an opportunity period, of the performance necessary to demonstrate acceptable performance, such that the employee knew or reasonably should have known the performance necessary to demonstrate acceptable performance. . Section 7123(a)(1) of such title is amended by inserting unless the person alleges that the order is contrary to law or before unless the order . Section 7121 of such title is amended— in subsection (a)(1), by striking subsections (d), (e), and
(g)and inserting subsections
(d)and
(f); in subsection (c)— in paragraph (4), by striking ; or and inserting a semicolon; in paragraph (5), by striking the period and inserting ; or ; and by adding at the end the following new paragraph: matters covered under sections 4303 and 7512 that would otherwise be appealable to the Merit Systems Protection Board. ; by striking subsection (e); and by redesignating subsections
(f)through
(h)as subsections
(e)through (g), respectively.