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)(2) 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) Standard for adverse actions 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 that the performance or misconduct of the employee warrants such action. (b) Factors for initial decision 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— (A) was intentional or technical or inadvertent; (B) was committed maliciously or for gain; or (C) was frequently repeated. (2) The employee’s job level and type of employment, including any supervisory or fiduciary role, and the prominence of the position. (c) Standard of review The agency shall— (1) review the initial decision described in subsection (b), without regard to whether the employee responds under subsection (e)(2); and (2) uphold the decision if it is supported by substantial evidence. (d) Procedure (1) Response period The period during which an employee may respond to a notice of an action covered by this subchapter in writing and furnish affidavits and other documentary evidence in support of the response, as provided under subsection (e)(2), shall be 7 business days. (2) Final decision (A) In general The agency shall issue a final decision with respect to an action covered by this subchapter 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, unless there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed. (B) Form and contents A final decision described in subparagraph (A) shall— (i) be in writing; and (ii) include the specific reasons therefor. (e) Employee rights 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) respond in writing and furnish affidavits and other documentary evidence in support of the response; (3) be represented by an attorney or other representative; and (4) a written decision and the specific reasons therefor at the earliest practicable date. (f) Hearing An agency may provide, by regulation, for a hearing which may be in lieu of or in addition to the opportunity to respond provided under subsection (e)(2). (g) Appeal An employee against whom an action is taken under this section is entitled to appeal to the Merit Systems Protection Board (referred to in this section as the Board) under section 7701 of this title not later than 10 business days after the effective date of the action. (h) Records (1) Agency records; provision to Board The agency shall maintain, and shall furnish to the Board upon request of the Board, copies of the notice of proposed action, the response 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. (2) Provision to employee Upon the request of an affected employee, the agency shall furnish copies of the documents described in paragraph (1) to the employee, to the extent those documents were not provided under subsection (d)(2)(A). (i) Definition 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, shall not apply to an action under section 7543(a) of that title, as amended by 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 provided in section 12 of this Act.