Editorial Notes
Prior Provisions

Provisions similar to those in this subchapter were contained in section 4110 of this title prior to the repeal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102–40.

Amendments

2019—Subsec. (b)(4)(A). Pub. L. 116–61 inserted “notice” after “written”.

2017—Subsec. (b)(1). Pub. L. 115–41, § 208(b)(1)(A), in introductory provisions, inserted “, within the aggregate time period specified in paragraph (5)(A),” after “is entitled”.

Subsec. (b)(1)(A). Pub. L. 115–41, § 208(b)(1)(B), substituted “Advance written notice” for “At least 30 days advance written notice” and “a statement” for “and a statement” and inserted “and a file containing all the evidence in support of each charge,” after “with respect to each charge,”.

Subsec. (b)(1)(B). Pub. L. 115–41, § 208(b)(1)(C), substituted “The opportunity, within the time period provided for in paragraph (4)(A)” for “A reasonable time, but not less than seven days”.

Subsec. (b)(3). Pub. L. 115–41, § 208(b)(2), added par. (3) and struck out former par. (3) which related to requirement that deciding official render a written decision within 21 days of receipt of the employee’s answer.

Subsec. (b)(4)(A). Pub. L. 115–41, § 208(b)(3)(A), added subpar. (A) and struck out former subpar. (A) which read as follows: “The Secretary may require that any answer and submission under paragraph (1)(B) be submitted so as to be received within 30 days of the date of the written notice of the charges, except that the Secretary shall allow the granting of extensions for good cause shown.”

Subsec. (b)(4)(B). Pub. L. 115–41, § 208(b)(3)(B), substituted “seven business days” for “30 days”.

Subsec. (b)(5), (6). Pub. L. 115–41, § 208(b)(4), added pars. (5) and (6).

1992—Subsec. (b)(1). Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director” in subpars. (A) and (B).