US Codex
U.S.C.
Notes

§713. Senior executives: removal, demotion, or suspension based on performance or misconduct — Inbound Citations

38 U.S.C. § 713

Cited by 6 provisions in release 119-102.

Citations to 38 U.S.C. § 713 as a whole

  • 38 U.S.C. § 719(a)(1)
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    (1) The Secretary shall order that the covered service of an employee of the Department removed from a position for performance or misconduct under section 713, 714, or 7461 of this title or any other provision of law shall not be taken into account for purposes of calculating an annuity with respect to such individual under chapter 83 or chapter 84 of title 5, if—
    (A) the Secretary determines that the individual is convicted of a felony (and the conviction is final) that influenced the individual’s performance while employed in the position; and
    (B) before such order is made, the individual is afforded—
    (i) notice of the proposed order; and
    (ii) an opportunity to respond to the proposed order by not later than ten business days following receipt of such notice; and
    (C) the Secretary issues the order—
    (i) in the case of a proposed order to which an individual responds under subparagraph (B)(ii), not later than five business days after receiving the response of the individual; or
    (ii) in the case of a proposed order to which an individual does not respond, not later than 15 business days after the Secretary provides notice to the individual under subparagraph (B)(i).
  • 38 U.S.C. § 719(b)(1)
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    (1) The Secretary may order that the covered service of an individual who the Secretary proposes to remove for performance or misconduct under section 713, 714, or 7461 of this title or any other provision of law but who leaves employment at the Department prior to the issuance of a final decision with respect to such action shall not be taken into account for purposes of calculating an annuity with respect to such individual under chapter 83 or chapter 84 of title 5, if—
    (A) the Secretary determines that individual is convicted of a felony (and the conviction is final) that influenced the individual’s performance while employed in the position; and
    (B) before such order is made, the individual is afforded—
    (i) notice of the proposed order;
    (ii) opportunity to respond to the proposed order by not later than ten business days following receipt of such notice; and
    (C) the Secretary issues the order—
    (i) in the case of a proposed order to which an individual responds under subparagraph (B)(ii), not later than five business days after receiving the response of the individual; or
    (ii) in the case of a proposed order to which an individual does not respond, not later than 15 business days after the Secretary provides notice to the individual under subparagraph (B)(i).

Citations to §713(d)