Section 38

The Agency may reprimand, reduce in rank, retire, dismiss or punish in some other manner any person who had, while in the employment of the Government, been guilty of any misconduct or neglect of duty which would have rendered him or her liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if he or she had continued to be in the employment of the Government and if this Act had not been enacted.