Modification of procedures for furlough

(a) General furlough of 14 days or less; emergency furlough Subchapter I of chapter 75 of title 5, United States Code, is amended— (1) in section 7501, as amended by section 5(c)— (A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (5), respectively; (B) by inserting before paragraph (2), as so redesignated, the following: (1) emergency furlough means a furlough due to a lapse in appropriations;; (C) in paragraph (2), as so redesignated, by striking and at the end; and (D) by inserting after paragraph (2), as so redesignated, the following: (3) furlough has the meaning given that term in section 7511(a); (4) general furlough means a furlough that is not due to a lapse in appropriations; and; (2) in section 7502, by striking This subchapter and all that follows through this title. and inserting the following: This subchapter applies to— (1) a suspension for 14 days or less, but not a suspension under section 7521 or 7532 or any action initiated under section 1215; (2) a general furlough for 14 days or less; and (3) an emergency furlough of any duration.; (3) by redesignating section 7504 as section 7505; and (4) by inserting after section 7503 the following: 7504. General furlough and emergency furlough cause and procedure (a) Definition In this section, the term employee has the meaning given the term in section 7501. (b) General furlough (1) In general An employee may be subject to a general furlough for such cause as will promote the efficiency of the service. (2) Entitlement to procedures Any employee furloughed under this subsection is entitled to the procedures established under the regulations promulgated under paragraph (3). (3) Procedures Not later than 180 days after the date of enactment of this section, the Office of Personnel Management shall promulgate regulations providing for— (A) the circumstances under which an employee may be furloughed under this subsection; (B) the procedures to be afforded furloughed employees, including, to the extent appropriate and practicable under the circumstances of the furlough action— (i) a written notice stating the specific reasons for the proposed action; (ii) representation by an attorney or other representative; and (iii) a written decision and the specific reasons therefor at the earliest practicable date; and (C) the materials that shall be furnished to a furloughed employee and the Merit Systems Protection Board upon request of the employee or the Board. (c) Emergency furlough (1) In general An employee may be subject to an emergency furlough. (2) Procedures (A) Notice (i) In general Under regulations prescribed by the Office of Personnel Management, any employee subject to an emergency furlough shall be afforded notice explaining the reasons for the emergency furlough. (ii) Timing If the notice described in clause (i) cannot be provided in advance of the emergency furlough, notice shall be provided as soon as reasonably practicable. (B) Other procedures No other procedures, including those provided under subsection (b) or any other provision of this title, shall be available to any employee subject to an emergency furlough under this subsection.. (b) General furlough of more than 14 days Subchapter II of chapter 75 of title 5, United States Code, is amended— (1) in section 7511(a)(5), by inserting before the period the following:, but does not include an emergency furlough as defined in section 7501; (2) in section 7512, as amended by section 2(c)— (A) in paragraph (5), by striking a furlough of 30 days or less and inserting a furlough of more than 14 days but less than 31 days; (B) in subparagraph (D), as redesignated by section 2(c), by striking or at the end; (C) in subparagraph (E), as redesignated by section 2(c), by striking the period at the end and inserting, or; and (D) by adding at the end the following: (F) an emergency furlough action under section 7504.; and (3) by inserting after section 7514, as added by section 6, the following: 7515. Furlough cause and procedure (a) In general An employee may be subject to a furlough for such cause as will promote the efficiency of the service. (b) Entitlement to procedures Any employee furloughed under this section is entitled to the procedures established under the regulations promulgated under subsection (c). (c) Procedures Not later than 180 days after the date of enactment of this section, the Office of Personnel Management shall promulgate regulations providing for— (1) the circumstances under which an employee may be furloughed under this section; (2) the procedures provided under section 7513 to the extent appropriate and practicable under the circumstances of the furlough action; and (3) the materials that shall be furnished to a furloughed employee and the Merit Systems Protection Board upon request of the employee or the Board. (d) Appeal An employee against whom a furlough action is taken under this section is entitled to appeal to the Merit Systems Protection Board under section 7701 not later than 10 business days after the effective date of the action.. (c) Administrative law judges Section 7521(b) of title 5, United States Code, is amended— (1) in subparagraph (B), by striking or at the end; (2) in subparagraph (C), by striking the period at the end and inserting; or; and (3) by adding at the end the following: (D) an emergency furlough action under section 7504.. (d) Technical amendments (1) Section 7503 The heading of section 7503 of title 5, United States Code, is amended by striking Cause and procedure and inserting Suspension cause and procedure. (2) Section 7513 Section 7513 of title 5, United States Code, is amended by striking Cause and procedure and inserting Cause and procedure for actions other than furlough. (e) Clerical amendments (1) Subchapter I of chapter 75 of title 5 The table of sections for subchapter I of chapter 75 of title 5, United States Code, is amended by striking the items relating to sections 7503 and 7504 and inserting the following: 7503. Suspension cause and procedure. 7504. General furlough and emergency furlough cause and procedure. 7505. Regulations.. (2) Subchapter II of chapter 75 of title 5 The table of sections for subchapter II of chapter 75 of title 5, United States Code, is amended by striking the items relating to sections 7513 through 7515 and inserting the following: 7513. Cause and procedure for actions other than furlough. 7514. Supervisors. 7515. Furlough cause and procedure. 7516. Regulations. 7517. Discipline of supervisors based on retaliation against whistleblowers.. (f) Application Notwithstanding section 12, the amendments made by this section shall take effect on the earlier of— (1) the date that is 180 days after the date of enactment of this Act; or (2) the date on which the Office of Personnel Management promulgates regulations under sections 7504 and 7515 of title 5, United States Code, as added by this section.