Actions against supervisors for performance or conduct

Subchapter II of title 5, United States Code, is amended— (1) by redesignating sections 7514 and 7515 as sections 7516 and 7517, respectively; and (2) by inserting after section 7513 the following: 7514. Supervisors (a) In general (1) The agency may take an action covered by this subchapter against a supervisor, as defined in section 7103(a)(10), if the agency determines by a preponderance of the evidence that the performance or misconduct of the supervisor warrants such action. (2) When making an initial decision on an action covered by this subchapter, the deciding employee of the agency shall exclusively apply the following factors: (A) The nature and seriousness of the offense, and its relation to the supervisor’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. (B) The supervisor’s job level and type of employment, including supervisory or fiduciary role, and prominence of the position. (3) The agency shall review the initial decision and uphold such decision if it is supported by substantial evidence. (4) A supervisor against whom an action covered by this subchapter is proposed is entitled to— (A) a written notice stating the specific reasons for the proposed action; (B) be represented by an attorney or other representative; and (C) a written decision and the specific reasons therefor at the earliest practicable date. (5) The agency may carry out such action covered by this subchapter without first placing a supervisor on a performance improvement plan. (6) The procedures under chapter 43 shall not apply to an action covered by this subchapter. (b) Procedure (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 action 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. (c) Reduction in grade (1) A reduction in grade under subsection (a) shall be carried out as a reduction in grade for which the covered individual is qualified, that the agency determines is appropriate, and that reduces the annual rate of pay of the supervisor. (2) Notwithstanding any other provision of law, any supervisor subject to a reduction in grade— (A) shall, beginning on the date of such demotion, receive the annual rate of pay applicable to such grade; (B) may not be placed on administrative leave during the period during which an appeal (if any) under this section is ongoing, and may only receive pay if the supervisor reports for duty or is approved to use accrued unused annual, sick, family medical, military, or court leave; and (C) who does not report for duty or receive approval to use accrued unused leave shall not receive pay or other benefits. (d) Definition In this section, the term supervisor has the meaning given that term under section 7103(a)..