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) Definition In this section, the term supervisor has the meaning given that term in section 7103(a). (b) Standard for adverse actions An agency may take an action covered by this subchapter against a supervisor if the agency determines by a preponderance of the evidence that the performance or misconduct of the supervisor warrants such action. (c) Factors for initial decision When making an initial decision on an action covered by this subchapter with respect to a supervisor, 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 supervisor’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 supervisor’s job level and type of employment, including the supervisory role and any fiduciary role, and the prominence of the position. (d) Standard of review The agency shall— (1) review the initial decision described in subsection (c), without regard to whether the supervisor responds under subsection (g)(2); and (2) uphold the initial decision if it is supported by substantial evidence. (e) Procedure (1) Response period The period during which a supervisor 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 (g)(2), shall be 7 business days. (2) Final decision (A) In general 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 supervisor, unless there is reasonable cause to believe the supervisor 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. (f) Reduction in grade (1) In general A reduction in grade under subsection (b) with respect to a supervisor shall be carried out as a reduction in grade— (A) for which the supervisor is qualified; (B) that the agency determines is appropriate; and (C) that reduces the annual rate of pay of the supervisor. (2) Pay of certain supervisors subject to a reduction in grade (A) Applicable rate of pay Notwithstanding any other provision of law, a supervisor subject to a reduction in grade shall, beginning on the date of the reduction in grade, receive the annual rate of pay applicable to the reduced grade. (B) No administrative leave, or pay without working or use of other leave, during appeal If a supervisor subject to a reduction in grade appeals the reduction in grade under this section, during the period during which the appeal is ongoing, the supervisor— (i) may not be placed on administrative leave; and (ii) may only receive pay and benefits if the supervisor— (I) reports for duty; or (II) is approved to use accrued unused annual, sick, family medical, military, or court leave. (C) Conditions on pay and benefits generally During any period other than a period described in subparagraph (B), if a supervisor subject to a reduction in grade does not report for duty or receive approval to use accrued unused leave, the supervisor shall not receive pay or benefits. (g) Supervisor rights A supervisor 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. (h) PIP The agency may carry out an action covered by this subchapter with respect to a supervisor without first placing the supervisor on a performance improvement plan. (i) Relation to performance appraisal procedures The procedures under chapter 43 shall not apply to an action covered by this subchapter with respect to a supervisor..