Sec. 4. Modification to procedures and authority of the Merit Systems Protection Board
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/bill/115/hr/6391/ih/section-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 7701 of title 5, United States Code, is amended— in subsection (a)(1), by inserting , except as provided in subsection
(b)after kept ; and in subsection (b)(1)— by striking The Board may and inserting
(A)The Board may ; by striking the second and third sentences; and by adding at the end the following: The Board, an administrative law judge appointed by the Board under section 3105, and any officer or employee of the Board designated by the Board (as the case may be) shall make a decision after receipt of the written representations of the parties to the appeal and after opportunity for a hearing under subsection (a)(1) of this section, except as provided under subparagraph (C). The Board, an administrative law judge appointed by the Board under section 3105, and any officer or employee of the Board designated by the Board (as the case may be) may, with respect to any party, grant a motion for summary judgment. Any hearing under subsection (a)(1) of this section shall be limited to the issues remaining in the case, or, if applicable, a decision may be issued without holding a hearing. A copy of the decision under subparagraph
(B)or
(C)shall be furnished to each party to the appeal and to the Office of Personnel Management. . Paragraph
(3)of section 7701(b) of title 5, United States Code, is amended to read as follows: With respect to an appeal from a performance or conduct-based adverse action under subchapter II or V of chapter 75, the Board may not mitigate the personnel action involved unless the action is so disproportionate as to be wholly without justification. . Paragraph
(1)of section 7701(c) of title 5, United States Code, is amended to read as follows: Subject to paragraph (2), the decision of the agency shall be sustained under subsection
(b)only if the agency’s decision is supported by substantial evidence. . The amendments made by this section shall take effect on the date that is 90 days after the date of the enactment of this Act. The amendments made by this section shall apply with respect to any appeal filed under section 7701 of title 5, United States Code, on or after the effective date in paragraph (1).