Sec. 7. Expansion of personnel actions for senior executives based on performance or misconduct and establishment of Senior Executive Disciplinary Appeals Board
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Subsection (a)(1) of section 713 is amended, in the matter preceding subparagraph (A), by inserting after such removal. the following: If the Secretary determines that the performance or misconduct of such an individual does not warrant removal from the senior executive service position, the Secretary may suspend, reprimand, or admonish the individual. . Section 713 is further amended— in subsection (a)— in paragraph (1), by striking so removes and inserting removes ; and by adding at the end the following:
On the date that is five days before taking any personnel action against a senior executive under paragraph (1), the Secretary shall provide the individual with— notice in writing of the proposed personnel action, including the reasons for such action; and an opportunity to respond to the proposed personnel action within the five-day period. ; in subsection (b)(2)— by striking under this section and inserting under ; and section 723 of this title by striking the second sentence; in subsection (c)— by striking 30 and inserting five ; and by striking and the reason for such removal or transfer and inserting , the reason for such removal or transfer, the name and position of the individual, and all charging documents and evidence pertaining to such removal or transfer ; by striking subsections
(d)and
(e)and inserting the following: The procedures under title 5 shall not apply to any personnel action under this section. Subject to paragraph (3), a personnel action under this section— may be appealed to the Senior Executive Disciplinary Appeals Board under section 723 of this title; and may not be appealed to the Merit Systems Protection Board under section 7701 of title 5. An appeal under paragraph (2)(A) of a personnel action under this section may only be made if such appeal is made not later than seven days after the date of such action. If no such appeal is made, the decision of the Secretary under this section shall be final. ; by redesignating subsections
(f)and
(g)as subsections
(e)and (f), respectively; and in subsection (f), as redesignated by paragraph (5), by adding at the end the following: The term suspend means the placing of an individual in a temporary status without duties and pay for a period greater than 14 days. . Section 707 of the Veterans Access, Choice, and Accountability Act of 2014 ( Public Law 113–146 ; 38 U.S.C. 713 note) is amended— by striking subsection (b); and by redesignating subsections
(c)and
(d)as subsections
(b)and (c), respectively. Chapter 7 is further amended by inserting after section 721, as added by section 6, the following new section: The Secretary shall from time to time appoint a board to hear appeals of any personnel action taken under section 713 of this title. Such board shall be known as the Senior Executive Disciplinary Appeals Board (in this section referred to as the Board ). Each Board shall consist of three employees of the Department. The Board shall have exclusive jurisdiction to review any personnel action under section 713. Upon an appeal of such a personnel action, the Board shall— review all evidence provided by the Secretary and the appellant; and issue a decision not later than 21 days after the date of the appeal. The Board shall afford an employee appealing a personnel action an opportunity for an oral hearing. If such a hearing is held, the appellant may be represented by counsel. The Board shall uphold the decision of the Secretary if— there is substantial evidence supporting the decision; and the applicable personnel action is within the tolerable bounds of reasonableness. If the Board issues a decision under this section that reverses or otherwise mitigates the applicable personnel action, the Secretary may reverse the decision of the Board. Consistent with the requirements of subsection (g), the decision of the Secretary under this subsection shall be final. In any case in which the Board cannot issue a decision in accordance with the 21-day requirement under subsection (b)(2), the personnel action is final. A petition to review a final order or final decision of the Secretary or the Board under this section shall be filed in the United States Court of Appeals for the Federal Circuit. Any decision by such Court shall be in compliance with section 7462(f)(2) of this title. During the period beginning on the date on which an individual appeals a removal from the civil service under section 713(d) of this title and ending on the date that the Board or Secretary 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 from the Department. . The section heading of section 713 is amended to read as follows: Senior executives: personnel actions based on performance or misconduct . The table of sections at the beginning of chapter 7 is further amended— by striking the item relating to section 713 and inserting the following new item: 713. Senior executives: personnel actions based on performance or misconduct. ; and by inserting after the item relating to section 721 the following new item: 723. Senior Executive Disciplinary Appeals Board. . Nothing in this section or section 723 of title 38, United States Code, as added by subsection (d), shall be construed to apply to an appeal of a removal, transfer, or other personnel action that was pending before the date of the enactment of this Act.
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Sec. 7
Expansion of personnel actions for senior executives based on performance or misconduct and establishment of Senior Executive Disciplinary Appeals Board
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