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.

1. 1

   Change 1: Inserts “(a) Disclosure.--” before “Section”

   InsertsSection 3

   In H.R. 985 · Reported in House

   SEC. 3. COVERED DISCLOSURES.

   [inserted: (a) Disclosure.-- ]Section 2302(a)(2) of title 5, United States Code, is amended--

   (1) in subparagraph (B)(ii), by striking "and" at the end;

   Original wording

   In section 3, insert “(a) Disclosure.--” before “Section”

2. 2

   Change 2: Inserts new text at the end of the bill

   Inserts

   In H.R. 985 · Reported in House

   This Act shall take effect 30 days after the date of the enactment of this Act, except as provided in the amendment made by section 12(a)(2). Union Calendar No. 18

   Inserted: (b) Clear and Convincing Evidence.--Sections 1214(b)(4)(B)(ii) and 1221(e)(2) of title 5, United States Code, are amended by adding at the end the following: "For purposes of the preceding sentence, 'clear and convincing evidence' means evidence indicating that the matter to be proved is highly probable or reasonably certain.".

   Original wording

   add at the end the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed