Actions against senior executives for performance or conduct

(a) Repeal of pay retention for career appointees removed from the Senior Executive Service Section 3594(c)(1)(B) of title 5, United States Code, is amended to read as follows: (B) (i) any career appointee placed under subsection (a) or (b)(2) of this section shall be entitled to receive basic pay at the highest of— (I) the rate of basic pay in effect for the position in which placed; (II) the rate of basic pay in effect at the time of the placement for the position the career appointee held in the civil service immediately before being appointed to the Senior Executive Service; or (III) the rate of basic pay in effect for the career appointee immediately before being placed under subsection (a) or (b) of this section; and (ii) any career appointee placed under subsection (b)(1) of this section shall be entitled to receive basic pay at the rate of basic pay in effect for the position in which placed; and. (b) Appraisal system requirements Section 4314(b) of title 5, United States Code, is amended— (1) in paragraph (3), by inserting before the semicolon the following: or, as warranted, from the civil service; and (2) in paragraph (4), by inserting before the period at the end the following: or, as warranted, from the civil service. (c) Suspension for 14 days or less Paragraph (1) of section 7501 of title 5, United States Code, is amended to read as follows: (1) employee means— (A) an individual in the competitive service who is not serving a probationary period or trial period under an initial appointment or who has completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less; or (B) a career appointee in the Senior Executive Service who— (i) has completed the probationary period prescribed under section 3393(d); or (ii) was covered by the provisions of subchapter II of this chapter immediately before appointment to the Senior Executive Service; and. (d) Modification of cause and procedure for suspension and termination Section 7543 of title 5, United States Code, is amended to read as follows: 7543. Cause and procedure (a) Under regulations prescribed by the Office of Personnel Management, an agency may take an action covered by this subchapter against an employee if the agency determines by a preponderance of the evidence the performance or misconduct of the employee warrants such action. (b) When making an initial decision on an action covered by this subchapter, the deciding employee of the agency shall exclusively apply the following factors— (1) the nature and seriousness of the offense, and its relation to the employee’s duties, position, and responsibilities, including whether the offense was intentional or technical or inadvertent, or was committed maliciously or for gain, or was frequently repeated; and (2) the employee’s job level and type of employment, including supervisory or fiduciary role, and prominence of the position. (c) The agency shall review the initial decision and uphold such decision if it is supported by substantial evidence. (d) (1) (A) The aggregate period for written notice, response, and final decision of actions covered by this subchapter may not exceed 15 business days unless there are reasonable causes to believe the employee has committed a crime for which a sentence of imprisonment may be imposed. (B) The period for which an employee may respond to a notice of actions covered by this subchapter in writing and to furnish affidavits and other documentary evidence in support of the response shall be 7 business days. (2) The agency shall issue a final decision with respect to a covered actions not later than 15 business days after the agency provides notice, including a file containing all the evidence in support of the proposed action, to the employee. The decision shall be in writing and shall include the specific reasons therefor. (e) An employee against whom an action covered by this subchapter is proposed is entitled to— (1) a written notice stating the specific reasons for the proposed action; (2) be represented by an attorney or other representative; and (3) a written decision and the specific reasons therefor at the earliest practicable date. (f) An agency may provide, by regulation, for a hearing which may be in lieu of or in addition to the opportunity to answer provided under subsection (d)(1)(B) of this section. (g) An employee against whom an action is taken under this section is entitled to appeal to the Merit Systems Protection Board under section 7701 of this title not later than 10 business days after the effective date of the action. (h) Copies of the notice of proposed action, the answer of the employee when written, a summary thereof when made orally, the notice of decision and reasons therefor, and any order effecting an action covered by this subchapter, together with any supporting material, shall be maintained by the agency and shall be furnished to the Board upon its request. Upon the affected employee’s request, copies of the documents described in the preceding sentence shall be furnished to the employee, to the extent those documents were not provided under subsection (c). (i) In this section, 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.. (e) Relation to other provisions of law Section 3592(b)(1) of title 5, United States Code, deso not apply to an action under section 7543(a), as amended in subsection (d). (f) Conforming amendments Title 5, United States Code, is amended— (1) in section 3592(b)(2)(B), by striking any disciplinary action and inserting any action under section 7543; (2) in section 3593(a)(2), by striking misconduct, neglect of duty, malfeasance, and inserting a removal under section 7543; (3) in section 3594, by adding at the end the following: (d) This section shall not apply to any career appointee who is subject to a personnel action under subchapter V of chapter 75.; and (4) in section 7542, by striking or to a removal under section 3592 or 3595 and inserting the following: to a removal from the Senior Executive Service under section 3592 of this title, to a reduction in force as defined in section 3595(d) of this title, or to a transfer of function as described in section 3595(e). (g) Application The amendments made by this section shall not apply to any personnel action under subchapter V of chapter 75 of title 5, United States Code, commenced before the effective date of this Act.