Sec. 103. Removal or demotion of employees
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Title VIII of the Indian Health Care Improvement Act ( 25 U.S.C. 1671 et seq. ), as amended by section 101, is further amended by adding at the end the following new section: The Secretary may remove or demote an individual who is an employee of the Service if the Secretary determines the performance or misconduct of the individual warrants such removal or demotion. If the Secretary so removes or demotes such an individual, the Secretary may— remove the individual from the Service; or demote the individual by means of— a reduction in grade for which the individual is qualified and that the Secretary determines is appropriate; or a reduction in annual rate of pay that the Secretary determines is appropriate.
In the case of an individual who is removed under paragraph
(1)or demoted under paragraph (2), the Secretary may require such individual take unpaid administrative leave for not longer than 10 consecutive work days. Notwithstanding any other provision of law, any individual subject to a demotion under subsection (a)(2)(A) shall, beginning on the date of such demotion, receive the annual rate of pay applicable to such grade. An individual so demoted may not be placed on administrative leave or any other category of paid leave during the period during which an appeal (if any) under this section is ongoing, and may only receive pay if the individual reports for duty. If an individual so demoted does not report for duty, such individual shall not receive pay or other benefits pursuant to subsection (e)(5). Not later than 30 days after removing or demoting an individual under subsection (a), the Service shall submit to the Secretary notice in writing of such removal or demotion and the reason for such removal or demotion. The procedures under section 7513(b) of title 5 and chapter 43 of such title shall not apply to a removal or demotion under this section. Subject to subparagraph
(B)and subsection (e), any removal or demotion under subsection
(a)may be appealed to the Merit Systems Protection Board under section 7701 of title 5. An appeal under subparagraph
(A)of a removal or demotion may only be made if such appeal is made not later than seven days after the date of such removal or demotion. Upon receipt of an appeal under subsection (d)(2)(A), the Merit Systems Protection Board shall refer such appeal to an administrative judge pursuant to section 7701(b)(1) of title 5. The administrative judge shall expedite any such appeal under such section and, in any such case, shall issue a decision not later than 45 days after the date of the appeal. Notwithstanding any other provision of law, including section 7703 of title 5, the decision of an administrative judge under paragraph
(1)shall be final and shall not be subject to any further appeal. In any case in which the administrative judge cannot issue a decision in accordance with the 45-day requirement under paragraph (1), the removal or demotion is final. In such a case, the Merit Systems Protection Board shall, within 14 days after the date that such removal or demotion is final, submit to Congress a report that explains the reasons why a decision was not issued in accordance with such requirement. The Merit Systems Protection Board or administrative judge may not stay any removal or demotion under this section. During the period beginning on the date on which an individual appeals a removal from the Service under subsection
(d)and ending on the date that the administrative judge issues a final decision on such appeal, such individual may not receive any pay, awards, bonuses, incentives, allowances, differentials, student loan repayments, special payments, or benefits. To the maximum extent practicable, the Secretary shall provide to the Merit Systems Protection Board, and to any administrative judge to whom an appeal under this section is referred, such information and assistance as may be necessary to ensure an appeal under this subsection is expedited. Notwithstanding any other provision of law, the Special Counsel (established by section 1211 of title 5) may terminate an investigation of a prohibited personnel practice alleged by an employee or former employee of the Department after the Special Counsel provides to the employee or former employee a written statement of the reasons for the termination of the investigation. Such statement may not be admissible as evidence in any judicial or administrative proceeding without the consent of such employee or former employee. The authority provided by this section is in addition to the authority provided by subchapter V of chapter 75 of title 5 and chapter 43 of such title. In this section: The term individual means an individual occupying a position at the Service but does not include— an individual, as that term is defined in section 713(g)(1); or a political appointee. The term grade has the meaning given such term in section 7511(a) of title 5. 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. The term political appointee means an individual who is— employed in a position described under sections 5312 through 5316 of title 5 (relating to the Executive Schedule); a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5; or employed in a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations. . Section 4303(f) of title 5, United States Code, is amended— by striking or at the end of paragraph (2); by striking the period at the end of paragraph
(3)and inserting , or ; and by adding at the end the following: any removal or demotion under section 834 of the Indian Health Care Improvement Act. .
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Sec. 103
Removal or demotion of employees
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