Sec. 3. Removal of Indian Health Service employees based on performance or misconduct
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Title VI of the Indian Health Care Improvement Act ( 25 U.S.C. 1661 et seq. ) is amended by adding at the end the following: In this section and sections 606 through 610: The term employee has the meaning given the term in section 2105 of title 5, United States Code. The term manager has the meaning given the term management official in section 7103(a) of title 5, United States Code. The term manager includes, as employed at any facility of the Service— a chief executive officer; a chief medical officer; and a department director.
The term misconduct means neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function. The term personnel action means a removal, transfer, or reduction in grade under subsection (b)(2). The term Secretary means the Secretary of Health and Human Services, acting through the Director of the Service. The term senior executive means a career appointee (as that term is defined in section 3132(a) of title 5, United States Code) that occupies a Senior Executive Service position.
The term Senior Executive Service position has the meaning given the term in section 3132(a) of title 5, United States Code. The term supervisor has the meaning given the term in section 7103(a) of title 5, United States Code. Subject to paragraph (4), the Secretary may remove an employee of the Service from the position the employee occupies if the Secretary determines the performance or misconduct of the employee warrants removal. If the Secretary removes an employee under paragraph (1), the Secretary may— remove the employee from the civil service (as defined in section 2101 of title 5, United States Code); in the case of an individual described in paragraph (3), transfer the individual from the Senior Executive Service position to a General Schedule position at any grade of the General Schedule for which the individual is qualified and that the Secretary determines is appropriate; or in the case of a manager or supervisor, reduce the grade of the manager or supervisor to any other grade for which the individual is qualified and that the Secretary determines is appropriate.
An individual referred to in paragraph (2)(B) is a senior executive that— previously occupied a permanent position within the competitive service (as that term is defined in section 2102 of title 5, United States Code); or previously occupied a permanent position within the excepted service (as that term is defined in section 2103 of title 5, United States Code). Before an employee may be subject to a personnel action, the Secretary shall provide to the employee— not less than 10 days before the personnel action, written notice of the proposed personnel action; and an opportunity and reasonable time to answer orally or in writing.
Notwithstanding any other provision of law, including the requirements of section 3594 of title 5, United States Code, any individual transferred to a General Schedule position under subsection (b)(2)(B) or subject to a reduction in grade under subsection (b)(2)(C) shall, beginning on the date of the transfer, receive the annual rate of pay applicable to the position. An individual transferred to a General Schedule position under subsection (b)(2)(B) or subject to a reduction in grade under subsection (b)(2)(C)— may not be placed on administrative leave or any other category of paid leave during the period during which an appeal (if any) under subsection (e)(2)(A) is ongoing; and may only receive pay if the individual— reports for duty; and performs a primary duty or an alternative primary duty, as each term is described in section 551.104 of title 5, Code of Federal Regulations (or a successor regulation).
If an individual transferred to a General Schedule position under subsection (b)(2)(B) or subject to a reduction in grade under subsection (b)(2)(C) does not report for duty, pursuant to subsection (f)(5), the individual shall not receive any increase in rate of pay or other benefit. Not later than 30 days after the date on which the Secretary takes a personnel action, the Secretary shall submit, in writing, a notice of the personnel action and the reason for the personnel action to— the Committee on Indian Affairs of the Senate; the Committee on Health, Education, Labor, and Pensions of the Senate; the Committee on Natural Resources of the House of Representatives; the Committee on Energy and Commerce of the House of Representatives; and the Inspector General of the Department.
The procedures under chapters 43 and 75 of title 5, United States Code, shall not apply to a personnel action. Subject to subparagraph
(B)and subsection (f), an employee subject to a personnel action may appeal the personnel action to the Merit Systems Protection Board under section 7701 of title 5, United States Code. An appeal under subparagraph
(A)may only be made if the appeal is made not later than 7 days after the date of the personnel action. On receipt of an appeal under subsection (e)(2)(A), the Merit Systems Protection Board shall refer the appeal to an administrative law judge pursuant to section 7701(b)(1) of title 5, United States Code. The administrative law judge to whom an appeal is referred under subparagraph
(A)shall— expedite the appeal under section 7701(b)(1) of title 5, United States Code; and issue a decision in each case not later than 21 days after the date of the appeal. Notwithstanding any other provision of law, including section 7703 of title 5, United States Code, the decision of an administrative law judge under paragraph
(1)shall be final and shall not be subject to any further administrative appeal. In any case in which an administrative law judge fails to issue a decision in accordance with the 21-day requirement described in paragraph (1)(B)(ii), the personnel action shall be treated as final. In any case in which a personnel action is treated as final under subparagraph (A), the Merit Systems Protection Board shall, not later than 14 days after the date on which the personnel action becomes final, submit a letter explaining the reasons why a decision was not issued in accordance with the 21-day requirement described in paragraph (1)(B)(ii) to— the Committee on Indian Affairs of the Senate; the Committee on Health, Education, Labor, and Pensions of the Senate; the Committee on Natural Resources of the House of Representatives; and the Committee on Energy and Commerce of the House of Representatives. The Merit Systems Protection Board or an administrative law judge may not stay any personnel action. During the period beginning on the date on which an employee appeals a removal from the civil service under subsection (e)(2)(A) and ending on the date on which the removal becomes final, the employee may not receive any— increase in rate of pay; or award, bonus, incentive, allowance, differential, student loan repayment, special payment, or other benefit. To the maximum extent practicable, the Secretary shall provide such information and assistance as may be necessary to ensure an appeal under this subsection is expedited to— the Merit Systems Protection Board; and any administrative law judge to whom an appeal under this section is referred. The Secretary shall ensure that the employment records for any employee subject to a personnel action, regardless of whether that personnel action is final, include— a notation that the employee was subject to a personnel action; and a description of the disposition or status of the personnel action or any appeal of the personnel action under this section. The personnel action authorities provided to the Secretary under this section are in addition to the authorities provided under chapters 43 and 75 of title 5, United States Code. Section 3592(b)(1) of title 5, United States Code, shall not apply to a personnel action. .
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Sec. 3
Removal of Indian Health Service employees based on performance or misconduct
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