110-H.AMDT.42 to 110-H.R.985

Amendment requires that the Merit Systems Protection Board rely on a consistent standard for "clear and convincing evidence" as the burden of proof that must be met to sustain an agency's affirmative defense (that it would have taken the same personnel action independent of an employee's protected conduct).

H.AMDT.42(A002)
Amends: H.R.985
Sponsor: Rep Platts, Todd Russell [PA-19](offered 3/14/2007)

AMENDMENT DESCRIPTION:
Amendment requires that the Merit Systems Protection Board rely on a consistent standard for "clear and convincing evidence" as the burden of proof that must be met to sustain an agency`s affirmative defense (that it would have taken the same personnel action independent of an employee`s protected conduct).

AMENDMENT PURPOSE:
An amendment numbered 2 printed in House Report 110-48 to require that the Merit Systems Protection Board rely on a consistent standard for `clear and convincing evidence` as the burden of proof that must be met to sustain an agency`s affirmative defense (that it would have taken the same personnel action independent of an employee`s protected conduct). Under the amendment, `clear and convincing evidence` would be defined as `evidence indicating that the matter to be proved is highly probable or reasonably certain.

STATUS:

    3/14/2007 3:58pm:
    Amendment (A002) offered by Mr. Platts. (consideration: CR H2532-2533, H2537; text: CR H2532)
    3/14/2007 4:31pm:
    On agreeing to the Platts amendment Agreed to by voice vote.

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