Personnel actions against DOD SES career appointees

(a) Authority (1) In general The head of any element of the Department of Defense may, as provided in this section, reprimand or suspend, involuntarily reassign, demote, or remove a career appointee at the element if the head determines that the documented misconduct or performance of the career appointee warrants such action. (2) Removal from civil service If a head removes an individual under paragraph (1), the head may remove the individual from the civil service. (b) Rights and procedures (1) In general An individual who is the subject of an action under subsection (a)— (A) is entitled to advance notice of the action and a file containing all evidence in support of the proposed action; (B) may be represented by an attorney or other representative of the covered individual’s choice; and (C) may grieve the action in accordance with an independent grievance process that the Secretaries of the military departments shall establish for purposes of this subsection. (2) Time periods (A) Aggregate period The aggregate period for notice, response, and decision on an action under subsection (a) may not exceed 15 business days. (B) Response period The period for the response of a covered individual to a notice under paragraph (1)(A) of an action under subsection (a) shall be 7 business days. (C) Decision period A decision under this paragraph on an action under subsection (a) shall be issued not later than 15 business days after notice of the action is provided to the individual under paragraph (1)(A). The decision shall be in writing, and shall include the specific reasons therefor. (D) Grievance process period The Secretaries shall ensure that the grievance process established under paragraph (1)(C) takes fewer than 21 days. (E) Waiver The applicable Secretary may waive the requirements of subparagraphs (A) through (D) if the Secretary for good cause determines such waiver is in the interests of due process. (3) Finality of decisions A decision under paragraph (2) that is not grieved, and a grievance decision under such subparagraph, shall be final and conclusive, except as provided in paragraph (4). (4) MSPB appeal An individual may appeal a final decision under paragraph (3) to the Merit Systems Protection Board. The Board shall, within 120 days of the filing of the appeal, decide the appealable action in accordance with the Board's appellate procedures under section 7701 of title 5, United States Code, and this section. (5) Relation to other provisions of law Section 3592(b)(1) of title 5, United States Code, and the procedures under section 7543(b) of such title shall apply to an action under paragraph (1) unless otherwise provided by this section. (c) Sunset This section and the authority under this section shall terminate on September 30, 2030. (d) Definitions In this section— (1) the term career appointee has the meaning given that term in section 3132(a) of title 5, United States Code. (2) the term civil service has the meaning given that term in section 2101 of such title 5; and (3) the term misconduct includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.

(a) Authority (1) In general The head of any element of the Department of Defense may, as provided in this section, reprimand or suspend, involuntarily reassign, demote, or remove a career appointee at the element if the head determines that the documented misconduct or performance of the career appointee warrants such action. (2) Removal from civil service If a head removes an individual under paragraph (1), the head may remove the individual from the civil service. (b) Rights and procedures (1) In general An individual who is the subject of an action under subsection (a)— (A) is entitled to advance notice of the action and a file containing all evidence in support of the proposed action; (B) may be represented by an attorney or other representative of the covered individual’s choice; and (C) may grieve the action in accordance with an independent grievance process that the Secretaries of the military departments shall establish for purposes of this subsection. (2) Time periods (A) Aggregate period The aggregate period for notice, response, and decision on an action under subsection (a) may not exceed 15 business days. (B) Response period The period for the response of a covered individual to a notice under paragraph (1)(A) of an action under subsection (a) shall be 7 business days. (C) Decision period A decision under this paragraph on an action under subsection (a) shall be issued not later than 15 business days after notice of the action is provided to the individual under paragraph (1)(A). The decision shall be in writing, and shall include the specific reasons therefor. (D) Grievance process period The Secretaries shall ensure that the grievance process established under paragraph (1)(C) takes fewer than 21 days. (E) Waiver The applicable Secretary may waive the requirements of subparagraphs (A) through (D) if the Secretary for good cause determines such waiver is in the interests of due process. (3) Finality of decisions A decision under paragraph (2) that is not grieved, and a grievance decision under such subparagraph, shall be final and conclusive, except as provided in paragraph (4). (4) MSPB appeal An individual may appeal a final decision under paragraph (3) to the Merit Systems Protection Board. The Board shall, within 120 days of the filing of the appeal, decide the appealable action in accordance with the Board's appellate procedures under section 7701 of title 5, United States Code, and this section. (5) Relation to other provisions of law Section 3592(b)(1) of title 5, United States Code, and the procedures under section 7543(b) of such title shall apply to an action under paragraph (1) unless otherwise provided by this section. (c) Sunset This section and the authority under this section shall terminate on September 30, 2030. (d) Definitions In this section— (1) the term career appointee has the meaning given that term in section 3132(a) of title 5, United States Code. (2) the term civil service has the meaning given that term in section 2101 of such title 5; and (3) the term misconduct includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.