,i #aafth ,,congress #ast ,session ,h4 ,r4 #ccdh ,,in ,,the ,,house ,,of ,,representatives ,june #ai1 #bjai,mr4 ,loudermilk 7for himself1 ,mr4 ,mitchell1 ,mr4 ,hice of ,georgia1 ,mr4 ,higgins of ,louisiana1 ,mr4 ,norman1 ,mr4 ,allen1 ,mr4 ,babin1 ,mr4 ,walker1 ,mr4 ,green of ,tennessee1 ,mr4 ,joyce of ,pennsylvania1 ,mr4 ,chabot1 ,mr4 ,banks1 ,mr4 ,grothman1 ,mr4 ,mc,clintock1 ,mr4 ,hill of ,arkansas1 ,mr4 ,gianforte1 and ,mr4 ,flores7 introduced the following bill2 which was referred to the ,committee on ,oversight and ,reform ,a ,,bill ,to amend title #e1 ,united ,states ,code1 to provide for an alternative removal for performance or misconduct for ,federal employees4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,modern ,employment ,reform1 ,improvement1 and ,transformation ,act of #bjai or the ,,merit ,act of #bjai4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,termination of authority for chapter #dc performance-based actions4 ,sec4 #c4 ,adverse actions based on performance or conduct4 ,sec4 #d4 ,prohibition on grieving adverse actions and reductions in force4 ,sec4 #e4 ,actions against senior executives for performance or conduct4 ,sec4 #f4 ,modification of procedures for furlough4 ,sec4 #g4 ,reduction of annuity of employee convicted of a felony for which an adverse action is or would have been taken4 ,sec4 #h4 ,authority to recoup bonuses or awards paid to employees4 ,sec4 #i4 ,extension of probationary period for positions within the ,senior ,executive ,service4 ,sec4 #aj4 ,extension of probationary period for employees in the competitive service4 ,sec4 #aa4 ,application4 #b4 ,termination of authority for chapter #dc performance-based actions 7a7 ,repeal ,section #dcjc of title #e1 ,united ,states ,code1 is repealed4 7b7 ,application ,subsection 7a7 shall not apply to any performance-based action under section #dcjc of title #e1 ,united ,states ,code1 commenced before the effective date provided in section #aa4 7c7 ,conforming amendments 7#a7 ,title #e ,title #e1 ,united ,states ,code1 is amended-- 7,a7 in section #bcjb7;e77#a77;,a71 by striking #cejd1 and #dcjc7;e7 and inserting and #cejd2 7,b7 in section #dcjb7;c77#f71 by striking but only after an opportunity to demonstrate acceptable performance2 7,c7 in section #geab1 by striking subparagraph 7,d7 and redesignating subparagraphs 7,e7 and 7,f7 as subparagraphs 7,d7 and 7,e71 respectively2 7,d7 in section #ggja7;c77#a71 by striking decision and all that follows through preponderance of the evidence and inserting decision is supported by a preponderance of the evidence2 7,e7 in section #iejh7;d71 by striking 7#a7 ,in applying and all that follows through 7#b72 and 7,f7 in section #iijb7;a77#b71 by striking sections #dcjb and #dcjc7;e7 and inserting section #dcjb4 7#b7 ,title #ca ,section #gcb7;d77#c7 of title #ca1 ,united ,states ,code1 is amended by striking consistent with section #dcjc of title #e4 7d7 ,clerical amendment ,the table of sections for chapter #dc of title #e1 ,united ,states ,code1 is amended by striking the item relating to section #dcjc4 #c4 ,adverse actions based on performance or conduct 7a7 ,in general ,section #geac of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 by striking at least #cj days' advance written notice and inserting written notice #ae business days in advance2 and 7ii7 by inserting before the semicolon at the end the following3 1 and including a file containing all the evidence in support of the proposed action2 7,b7 in paragraph 7#b71 by striking but not less than #g days and inserting but not more than #g business days2 and 7,c7 in paragraph 7#d71 by striking at the earliest practicable date2 7#b7 by amending subsection 7c7 to read as follows3 7c7 ,an agency shall issue the decision not later than #ae business days after the agency provides notice1 to the maximum extent practicable1 to the employee affected4 2 7#c7 in subsection 7d71 by inserting before the period at the end the following3 not later than #aj business days after the effective date of the action2 and 7#d7 in subsection 7e7-- 7,a7 by striking and to the employee affected upon the employee's request2 and 7,b7 by adding at the end the following3 ,upon the affected employee's request1 copies of the documents described in the preceding sentence shall be furnished to the employee1 to the extent those documents were not provided under subsection 7c744 7b7 ,discipline of supervisors based on retaliation against whistleblowers ,section #geae7;b77#b77;,b7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in clause 7i71 by striking not later than #ad days and inserting not more than #g business days2 and 7#b7 in clause 7ii71 by striking #ad-;day period and inserting #g-;business-day period4 7c7 ,application ,the amendments made by subsections 7a7 and 7b7 shall not apply to any action under section #geac or #geae of title #e1 ,united ,states ,code1 as amended by those subsections1 respectively1 commenced before the effective date provided in section #aa4 #d4 ,prohibition on grieving adverse actions and reductions in force ,section #gaba of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a71 by striking the settlement of2 7#b7 in subsection 7c7-- 7,a7 by redesignating paragraphs 7#a7 through 7#e7 as paragraphs 7#e7 through 7#i71 respectively2 and 7,b7 by inserting before paragraph 7#e71 as so redesignated1 the following3 7#a7 an adverse action under subchapter ,,ii of chapter #ge2 7#b7 a furlough of more than #cj days by a reduction in force action under subchapter ,i of chapter #ce2 7#c7 a separation by a reduction in force action under subchapter ,i of chapter #ce2 7#d7 a demotion by a reduction in force action under subchapter ,i of chapter #ce2 2 7#c7 in subsection 7e7-- 7,a7 in paragraph 7#a7-- 7i7 by striking 7#a7 ,matters and all that follows through but not both42 and 7ii7 in the second sentence1 by striking ,similar matters and inserting ,matters similar to those covered under subchapter ,,ii of chapter #ge2 and 7,b7 by striking paragraph 7#b72 and 7#d7 in subsection 7f7-- 7,a7 by striking the first sentence2 and 7,b7 in the second sentence1 by striking ,in matters similar to those covered under sections #dcjc and #geab of this title and inserting ,in matters similar to those covered under subchapter ,,ii of chapter #ge4 #e4 ,actions against senior executives for performance or conduct 7a7 ,repeal of pay retention for career appointees removed from the ,senior ,executive ,service ,section #ceid7;c77#a77;,b7 of title #e1 ,united ,states ,code1 is amended to read as follows3 7,b7 7i7 any career appointee placed under subsection 7a7 or 7b77#b7 of this section shall be entitled to receive basic pay at the highest of-- 7,i7 the rate of basic pay in effect for the position in which placed2 7,,ii7 the rate of basic pay in effect at the time of the placement for the position the career appointee held in the civil service immediately before being appointed to the ,senior ,executive ,service2 or 7,,iii7 the rate of basic pay in effect for the career appointee immediately before being placed under subsection 7a7 or 7b7 of this section2 and 7ii7 any career appointee placed under subsection 7b77#a7 of this section shall be entitled to receive basic pay at the rate of basic pay in effect for the position in which placed2 and 4 7b7 ,appraisal system requirements ,section #dcad7;b7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#c71 by inserting before the semicolon the following3 or1 as warranted1 from the civil service2 and 7#b7 in paragraph 7#d71 by inserting before the period at the end the following3 or1 as warranted1 from the civil service4 7c7 ,suspension for #ad days or less ,paragraph 7#a7 of section #geja of title #e1 ,united ,states ,code1 is amended to read as follows3 7#a7 employee means-- 7,a7 an individual in the competitive service who is not serving a probationary period or trial period under an initial appointment or1 except as provided in section #aeii;e of title #aj1 who has completed #a year of current continuous employment in the same or similar positions under other than a temporary appointment limited to #a year or less2 or 7,b7 a career appointee in the ,senior ,executive ,service who-- 7i7 has completed the probationary period prescribed under section #ccic7;d72 or 7ii7 was covered by the provisions of subchapter ,,ii of this chapter immediately before appointment to the ,senior ,executive ,service2 and 4 7d7 ,modification of cause and procedure for suspension and termination ,section #gedc of title #e1 ,united ,states ,code1 is amended-- 7#a7 by striking subsections 7a71 7b71 and 7c7 and inserting the following3 7a7 ,under regulations prescribed by the ,office of ,personnel ,management1 an agency may take an action covered by this subchapter against an employee only for such cause as would promote the efficiency of the service4 7b7 ,an employee against whom an action covered by this subchapter is proposed is entitled to-- 7#a7 written notice #ae business days in advance1 unless there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment can be imposed1 stating specific reasons for the proposed action1 and including a file containing all the evidence in support of the proposed action2 7#b7 a reasonable time1 but not more than #g business days1 to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer2 7#c7 be represented by an attorney or other representative2 and 7#d7 a written decision and the specific reasons therefor4 7c7 ,an agency shall issue the decision not later than #ae business days after the agency provides notice1 to the maximum extent practicable1 to the employee affected4 2 7#b7 in subsection 7d71 by inserting before the period at the end the following3 not later than #aj business days after the effective date of the action2 and 7#c7 in subsection 7e7-- 7,a7 by striking and to the employee affected upon the employee's request2 and 7,b7 by adding at the end the following3 ,upon the affected employee's request1 copies of the documents described in the preceding sentence shall be furnished to the employee1 to the extent those documents were not provided under subsection 7c744 7e7 ,conforming amendments ,title #e1 ,united ,states ,code1 is amended-- 7#a7 in section #ceib7;b77#b77;,b71 by striking any disciplinary action and inserting any action under section #gedc2 7#b7 in section #ceic7;a77#b71 by striking misconduct1 neglect of duty1 malfeasance1 and inserting a removal under section #gedc2 7#c7 in section #ceid1 by adding at the end the following3 7d7 ,this section shall not apply to any career appointee who is subject to a personnel action under subchapter ,v of chapter #ge4 2 and 7#d7 in section #gedb1 by striking or to a removal under section #ceib or #ceie and inserting the following3 to a removal from the ,senior ,executive ,service under section #ceib of this title1 to a reduction in force as defined in section #ceie7;d7 of this title1 or to a transfer of function as described in section #ceie7;e74 7f7 ,application ,the amendments made by this section shall not apply to any personnel action under subchapter ,v of chapter #ge of title #e1 ,united ,states ,code1 commenced before the effective date provided in section #aa4 #f4 ,modification of procedures for furlough 7a7 ,general furlough of #ad days or less2 furlough due to lapse in appropriations ,subchapter ,i of chapter #ge of title #e1 ,united ,states ,code1 is amended-- 7#a7 in section #geja1 as amended by section #e7;c7-- 7,a7 in paragraph 7#a71 by striking and at the end2 7,b7 by redesignating paragraph 7#b7 as paragraph 7#e72 and 7,c7 by inserting after paragraph 7#a7 the following3 7#b7 furlough has the meaning given that term in section #geaa7;a77#e72 7#c7 furlough due to lapse in appropriations means a furlough due to a lapse in appropriations2 7#d7 general furlough means a furlough that is not due to a lapse in appropriations2 and 2 7#b7 in section #gejb1 by striking ,this subchapter and all that follows through this title4 and inserting the following3 ,this subchapter applies to-- 7#a7 a suspension for #ad days or less1 but not a suspension under section #geba or #gecb or any action initiated under section #abae2 7#b7 a general furlough for #ad days or less2 and 7#c7 a furlough due to lapse in appropriations of any duration4 2 7#c7 by redesignating section #gejd as section #geje2 and 7#d7 by inserting after section #gejc the following3 #gejd4 ,furlough cause and procedure 7a7 ,general furlough 7#a7 ,in general ,an employee may be subject to a general furlough for such cause as will promote the efficiency of the service4 ,any employee furloughed under this subsection is entitled to the procedures established under the regulations promulgated under paragraph 7#b74 7#b7 ,procedures ,not later than #ahj days after the date of enactment of this section1 the ,office of ,personnel ,management shall promulgate regulations providing for-- 7,a7 the circumstances under which an employee may be furloughed under this subsection2 7,b7 the procedures to be afforded furloughed employees1 including1 to the extent appropriate and practicable under the circumstances of the furlough action-- 7i7 advanced notice stating the specific reasons for the proposed furlough2 7ii7 a reasonable time to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer2 7iii7 representation by an attorney or other representative2 and 7iv7 a written decision and specific reasons therefor at the earliest practicable date2 and 7,c7 the materials that shall be furnished to a furloughed employee and the ,merit ,systems ,protection ,board upon request of the employee or the ,board4 7b7 ,furlough due to lapse in appropriations 7#a7 ,in general ,an employee may be subject to a furlough due to lapse in appropriations4 7#b7 ,procedures 7,a7 ,notice ,under regulations prescribed by the ,office of ,personnel ,management1 any employee subject to a furlough due to lapse in appropriations shall be afforded notice explaining the reasons for the furlough4 ,if the notice cannot be provided in advance of the furlough1 notice shall be provided as soon as reasonably practicable4 7,b7 ,other procedures ,no other procedures1 including those provided under subsection 7a7 or any other provision of this title1 shall be available to any employee subject to a furlough due to lapse in appropriations under this subsection4 7c7 ,definition ,for purposes of this section1 the term employee means any employee described under section #geja7a77;,a74 4 7b7 ,general furlough of more than #ad days ,subchapter ,,ii of chapter #ge of title #e1 ,united ,states ,code1 is amended-- 7#a7 in section #geaa7;a7-- 7,a7 in paragraph 7#d71 by striking and at the end2 7,b7 in paragraph 7#e71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7#f7 furlough due to lapse in appropriations means a furlough due to a lapse in appropriations2 and 7#g7 general furlough means a furlough that is not due to a lapse in appropriations4 2 7#b7 in section #geab1 as amended by section #b7;c7-- 7,a7 in paragraph 7#e71 by striking a furlough of #cj days or less and inserting a general furlough of more than #ad days but less than #ca days2 7,b7 in subparagraph 7,d71 as redesignated by section #b7;c71 by striking or at the end2 7,c7 in subparagraph 7,e71 as redesignated by section #b7;c71 by striking the period at the end and inserting 2 or2 and 7,d7 by adding at the end the following3 7,f7 a furlough due to lapse in appropriations action under section #gejd4 2 7#c7 in section #geac7;a71 by striking an action covered by this subchapter and inserting an action described in paragraphs 7#a7 through 7#d7 of section #geab2 and 7#d7 by inserting after section #geae the following3 #geaf4 ,general furlough cause and procedure 7a7 ,in general ,an employee may be subject to a general furlough for such cause as will promote the efficiency of the service4 ,an employee furloughed under this section is entitled to the procedures established under the regulations promulgated under subsection 7b74 7b7 ,procedures ,not later than #ahj days after the date of enactment of this section1 the ,office of ,personnel ,management shall promulgate regulations providing for-- 7#a7 the circumstances under which an employee may be furloughed under this section2 7#b7 the procedures provided under section #geac to the extent appropriate and practicable under the circumstances of the furlough2 and 7#c7 the materials that shall be furnished to a furloughed employee and the ,merit ,systems ,protection ,board upon request of the employee or the ,board4 7c7 ,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 #ggja not later than #aj business days after the effective date of the action4 4 7c7 ,administrative law judges ,section #geba7;b7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,b71 by striking or at the end2 7#b7 in subparagraph 7,c71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7,d7 a furlough due to lapse in appropriations action under section #gejd4 4 7d7 ,technical amendments 7#a7 ,section #gejc ,the heading of section #gejc of title #e1 ,united ,states ,code1 is amended by striking ,cause and procedure and inserting ,suspension cause and procedure4 7#b7 ,section #geac ,the heading of section #geac of title #e1 ,united ,states ,code1 is amended by striking ,cause and procedure and inserting ,cause and procedure for actions other than furlough4 7e7 ,clerical amendments 7#a7 ,subchapter ,i of chapter #ge of title #e ,the table of sections for subchapter ,i of chapter #ge of title #e1 ,united ,states ,code1 is amended by striking the items relating to sections #gejc and #gejd and inserting the following3 #gejc4 ,suspension cause and procedure4 #gejd4 ,furlough cause and procedure4 #geje4 ,regulations4 4 7#b7 ,subchapter ,,ii of chapter #ge of title #e ,the table of sections for subchapter ,,ii of chapter #ge of title #e1 ,united ,states ,code1 is amended-- 7,a7 by striking the item relating to section #geac and inserting the following3 #geac4 ,cause and procedure for actions other than furlough4 2 and 7,b7 by inserting after the item relating to section #geae the following3 #geaf4 ,general furlough cause and procedure4 4 7f7 ,application ,notwithstanding section #aa1 the amendments made by this section shall take effect on the earlier of-- 7#a7 the date that is #ahj days after the date of enactment of this ,act2 or 7#b7 the date on which the ,office of ,personnel ,management promulgates regulations under sections #gejd and #geaf of title #e1 ,united ,states ,code1 as added by this section4 #g4 ,reduction of annuity of employee convicted of a felony for which an adverse action is or would have been taken 7a7 ,reduction of annuity of employee convicted of a felony for which an adverse action is taken 7#a7 ,in general ,subchapter ,,ii of chapter #hc of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #hcbc4 ,reduction of benefits of employees convicted of certain crimes 7a7 ,reduction of annuity 7#a7 ,in general ,the felonious service of a covered individual shall not be taken into account for purposes of calculating an annuity with respect to the individual under subchapter ,,iii of this chapter or chapter #hd if-- 7,a7 the covered individual is finally convicted of a felony2 and 7,b7 the head of the agency at which the individual was employed determines that the conviction was based on the acts or omissions of the covered individual that-- 7i7 were taken or not taken in the performance of the covered individual's official duties at the agency2 and 7ii7 are sufficient to support a removal action under section #geac1 #gedc1 or any other provision of law against the covered individual4 7#b7 ,procedures ,a covered individual against whom a determination is made under paragraph 7#a7 shall be afforded-- 7,a7 notice of the determination not later than #ae business days in advance of a final order under paragraph 7#c72 and 7,b7 an opportunity to respond to the determination by not later than #aj business days after receipt of the notice4 7#c7 ,final order ,the head of the agency shall issue a final order to carry out paragraph 7#a7 not later than-- 7,a7 in the case of a covered individual who responds under paragraph 7#b77;,b71 #e business days after receiving the response from the covered individual1 to the maximum extent practicable2 or 7,b7 in the case of a covered individual who does not so respond1 #ae business days after the date on which the head of the agency provided notice to the individual under paragraph 7#b77;,a71 to the maximum extent practicable4 7#d7 ,appeal ,a covered individual with respect to whom an annuity is to be reduced under this subsection may appeal the final order under paragraph 7#c7 to the ,merit ,systems ,protection ,board in accordance with any regulations that the ,board may prescribe for purposes of this subsection4 ,an appeal may not be made under this paragraph later than that date that is #aj business days after the date on which an order is issued under paragraph 7#c74 7b7 ,administrative requirements 7#a7 ,in general ,not later than #cj business days after the date on which the head of an agency issues a final order under subsection 7a7 or a final decision of the ,merit ,systems ,protection ,board is rendered 7as the case may be7 with respect to an individual1 the applicable employing agency shall amend the covered individual's retirement records to reflect the period of service that is no longer creditable by operation of this section and transmit the amended records to the ,director of the ,office of ,personnel ,management4 7#b7 ,annuitants ,with respect to any covered individual who is an annuitant on the date on which a final order is so issued1 the ,director of the ,office of ,personnel ,management shall1 not later than #cj business days after the receipt of amended retirement records from an agency under paragraph 7#a71 recalculate the annuity of the annuitant4 7c7 ,lump-,sum annuity credit ,a covered individual with respect to whom an annuity is reduced under subsection 7a7 shall be entitled to be paid so much of the individual's lump-sum credit as is attributable to the period of felonious service4 7d7 ,spouse exception ,the spouse of any covered individual referred to in subsection 7a7 shall be eligible for spousal annuity benefits that1 but for subsection 7a71 would otherwise have been payable if the ,attorney ,general of the ,united ,states or the attorney general of a ,state1 a territory1 or the ,district of ,columbia determines that the spouse fully cooperated with authorities in the conduct of a criminal investigation and subsequent prosecution of the individual that resulted in the benefit reduction4 7e7 ,application ,nothing in this section shall be construed to affect or otherwise mitigate the application of any other section of this subchapter4 7f7 ,definitions ,in this section-- 7#a7 the term covered individual means-- 7,a7 an individual who is removed from a position as an employee 7as defined in section #baje7 in the civil service for performance or misconduct under section #geac1 #gedc1 or any other provision of law2 or 7,b7 an individual who-- 7i7 is an employee 7as defined in section #baje7 subject to a removal action for performance or misconduct under section #geac1 #gedc1 or any other provision of law2 and 7ii7 voluntarily separates from service with the employing agency prior to the issuance of a final decision with respect to the removal action2 7#b7 the term felonious service means1 with respect to a covered individual1 the period of service-- 7,a7 beginning on the date on which the head of the employing agency determines that the individual commenced engaging in the acts or omissions that gave rise to the removal action or proposed removal action described in paragraph 7#a72 and 7,b7 ending on the date that is the earlier of-- 7i7 the date on which the individual is removed from or voluntarily separates from a position at the agency2 or 7ii7 the date on which the individual ceases engaging in the acts or omissions that gave rise to the removal action or proposed removal action described in paragraph 7#a72 7#c7 the term finally convicted or final conviction refers to a conviction of a felony-- 7,a7 that has not been appealed and is no longer appealable because the time for taking an appeal has expired2 or 7,b7 that has been appealed and the appeals process for which is completed2 7#d7 the term lump-sum credit has the meaning given that term in section #hcca7h7 or #hdja7ai7 7as the case may be72 and 7#e7 the term service has the meaning given that term in section #hcca7ab7 or #hdja7bf7 7as the case may be74 4 7#b7 ,clerical amendment ,the table of sections for subchapter ,,ii of chapter #hc of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #hcbc4 ,reduction of benefits of employees convicted of certain crimes4 4 7b7 ,application ,section #hcbc of title #e1 ,united ,states ,code1 as added by subsection 7a71 shall apply to acts or omissions described in subsection 7a77#a77;,b7 of that section occurring after the date of enactment of this ,act4 7c7 ,regulations ,the ,office of ,personnel ,management may prescribe regulations to carry out this section and the amendments made by this section4 #h4 ,authority to recoup bonuses or awards paid to employees 7a7 ,authority 7#a7 ,in general ,chapter #de of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 ,,iv ,repayment of ,bonuses or ,awards #deca4 ,recoupment of bonuses or awards paid to employees 7a7 ,in general ,notwithstanding any other provision of law1 and except as provided in subsection 7c71 the head of an agency may issue an order directing an employee or former employee of the agency to repay the amount1 or a portion of the amount1 of any award or bonus paid to the employee under this title1 including under this chapter or section #echd1 #egec1 or #eged1 if-- 7#a7 the agency head determines by clear and convincing evidence that-- 7,a7 the employee or former employee engaged in misconduct or unsatisfactory performance prior to payment of the award or bonus2 and 7,b7 the award or bonus would not have been paid1 in whole or in part1 had the misconduct or unsatisfactory performance described in subparagraph 7,a7 been known by the agency prior to payment2 7#b7 before the repayment1 the employee or former employee is afforded-- 7,a7 notice of the determination not later than #ae business days in advance of a final order under this subsection2 and 7,b7 an opportunity to respond to the proposed order by not later than #aj business days after the receipt of the notice2 and 7#c7 the agency head issues the order not later than-- 7,a7 in the case of a proposed order to which an employee or former employee responds under paragraph 7#b77;,b71 #e business days after receiving the response of the employee or former employee 7as the case may be71 to the maximum extent practicable2 or 7,b7 in the case of a proposed order to which an employee or former employee does not respond1 #ae business days after the agency head provides notice to the employee or former employee 7as the case may be7 under paragraph 7#b77;,a71 to the maximum extent practicable4 7b7 ,recruitment1 relocation1 or retention bonus 7#a7 ,in general ,in addition to ordering an employee to repay any payments received under a service agreement under subsection 7a71 the head of an agency shall terminate a recruitment1 relocation1 or retention service agreement and make no further recruitment1 relocation1 or retention bonus payments under the agreement4 7#b7 ,application ,a bonus repayment order or a termination or withholding of a bonus payment under this subsection shall supersede any other bonus payment or repayment requirement established by law or regulation4 7c7 ,office of ,special ,counsel filing ,if an employee or former employee has filed a claim with the ,office of ,special ,counsel1 an agency seeking repayment of any bonus or award from the employee or former employee shall provide the ,office with notice of intent to seek repayment1 and the repayment order shall not be effective unless and until the ,office approves the order4 7d7 ,appeal ,upon the issuance of an order by an agency head under subsection 7a7 with respect to an employee or former employee1 the employee or former employee 7as the case may be7 shall have an opportunity to appeal the order to the ,merit ,systems ,protection ,board under section #ggja not later than #aj business days after the date of the issuance4 4 7#b7 ,clerical amendment ,the table of sections for chapter #de of title #e1 ,united ,states ,code1 is amended by adding after the item relating to section #debc the following3 ,,subchapter ,,iv--,,repayment ,,of ,,bonuses ,,or ,,awards #deca4 ,recoupment of bonuses or awards paid to employees4 4 7b7 ,other bonuses or awards 7#a7 ,in general ,notwithstanding any other provision of law1 a bonus or award to an employee 7as that term is defined in section #baje of title #e1 ,united ,states ,code7 that is similar to a bonus or award covered by section #deca of that title 7as added by subsection 7a77 shall be subject to the requirements in such section #deca4 ,the head of the applicable agency shall ensure that such section #deca shall apply to employees of that agency4 7#b7 ,application ,an employee covered by such section #deca by operation of paragraph 7#a7 may not appeal any decision regarding a bonus under that section or paragraph to the ,merit ,systems ,protection ,board if the employee is not otherwise authorized by law to appeal to the ,board4 7c7 ,service agreements 7#a7 ,in general ,the ,director of the ,office of ,personnel ,management shall direct each agency 7as that term is defined in section #deja7a7 of title #e1 ,united ,states ,code7 to incorporate into service agreements entered into after the date of enactment of this ,act under sections #egec and #eged of that title terms addressing the conditions under which the agreement and bonus payments shall be terminated and employees may be required to repay bonus payments under such section #deca4 7#b7 ,conforming amendments ,subchapter ,,iv of chapter #eg of title #e1 ,united ,states ,code1 is amended-- 7,a7 in section #egec7;c77#b77;,a7-- 7i7 in clause 7iii71 by striking and at the end2 7ii7 by redesignating clause 7iv7 as clause 7v72 and 7iii7 by inserting after clause 7iii7 the following3 7iv7 notwithstanding any additional bonus payment and service agreement termination requirements under this subsection1 the conditions under which-- 7,i7 the agreement and bonus payments shall be terminated under section #deca2 and 7,,ii7 the employee may be required to repay bonus payments under section #deca during or after the completion of the service period2 and 2 and 7,b7 in section #eged7;d7-- 7i7 in paragraph 7#b77;,a7-- 7,i7 in clause 7iii71 by striking and at the end2 7,,ii7 by redesignating clause 7iv7 as clause 7v72 and 7,,iii7 by inserting after clause 7iii7 the following3 7iv7 notwithstanding any additional bonus payment and service agreement termination requirements under this subsection1 the conditions under which-- 7,i7 the agreement and bonus payments shall be terminated under section #deca2 and 7,,ii7 the employee may be required to repay bonus payments under section #deca during or after the completion of the service period2 and 2 7ii7 by striking paragraph 7#c72 and 7iii7 by redesignating paragraph 7#d7 as paragraph 7#c74 7d7 ,regulations ,not later than #a year after the date of enactment of this ,act1 the ,director of the ,office of ,personnel ,management shall issue any regulations necessary to carry out section #deca of title #e1 ,united ,states ,code1 as added by subsection 7a74 7e7 ,effective date ,section #deca of title #e1 ,united ,states ,code1 as added by subsection 7a71 shall apply with respect to an award or bonus authorized by an agency to an employee of the agency on or after the effective date provided in section #aa of this ,act4 #i4 ,extension of probationary period for positions within the ,senior ,executive ,service 7a7 ,in general ,section #ccic7;d7 of title #e1 ,united ,states ,code1 is amended by striking #a-year and inserting #b-year4 7b7 ,conforming amendment ,section #ceib7;a77#a7 of title #e1 ,united ,states ,code1 is amended by striking #a-year and inserting #b-year4 7c7 ,application ,the amendments made by this section shall apply in the case of any individual initially appointed as a career appointee under section #ccic of title #e1 ,united ,states ,code1 on or after the effective date provided in section #aa of this ,act4 #aj4 ,extension of probationary period for employees in the competitive service 7a7 ,extension of probationary period 7#a7 ,in general ,section #ccba of title #e1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a71 by striking ,the ,president and inserting ,subject to subsections 7c7 and 7d71 the ,president2 7,b7 by redesignating subsection 7c7 as subsection 7e72 and 7,c7 by inserting after subsection 7b7 the following3 7c7 7#a7 ,the length of a probationary period established under paragraph 7#a7 or 7#b7 of subsection 7a7 shall-- 7,a7 with respect to any position that requires formal training1 begin on the date of the appointment to the position and end on the date that is #b years after the date on which the formal training is completed2 7,b7 with respect to any position that requires a license1 begin on the date of the appointment to the position and end on the date that is #b years after the date of the appointment or the date on which the license is granted1 whichever is later2 and 7,c7 with respect to any position not covered by subparagraph 7,a7 or 7,b71 be a period of #b years beginning on the date of the appointment to the position4 7#b7 ,for purposes of paragraph 7#a7-- 7,a7 the term formal training means1 with respect to any position1 a training program required by law1 rule1 or regulation1 or otherwise required by the employing agency1 to be completed by the employee before the employee is able to successfully execute the duties of the applicable position2 and 7,b7 the term license means a license1 certification1 or other grant of permission to engage in a particular activity4 7d7 ,the head of each agency shall1 in the administration of this section1 take appropriate measures to ensure that-- 7#a7 any announcement of a vacant position and any offer of appointment made to an individual with respect to a vacant position clearly states the terms and conditions of any applicable probationary period1 including any formal training period and any license requirement2 7#b7 any individual who is required to complete a probationary period under this section receives timely notice of any requirements1 including performance requirements1 that must be met in order to satisfactorily complete that period2 7#c7 any supervisor or manager of an individual who is required to complete a probationary period under this section receives periodic notifications of the end date of that period not later than #a year1 #f months1 #c months1 and #cj days before the end date2 and 7#d7 if the agency head decides to retain an individual after the completion of a probationary period under this section1 the agency head submits a certification to that effect to the ,president1 supported by a brief statement of the basis for the certification1 in such form and manner as the ,president may by regulation prescribe4 4 7#b7 ,technical amendment ,section #ccba7;e7 of title #e1 ,united ,states ,code 7as so redesignated by paragraph 7#a771 is amended by striking ,subsections 7a7 and 7b7 and inserting ,subsections 7a7 through 7d74 7#c7 ,application ,this subsection and the amendments made by this subsection shall apply in the case of any appointment 7as referred to in section #ccba7;a77#a7 of title #e1 ,united ,states ,code7 and any initial appointment 7as referred to in section #ccba7;a77#b7 of that title7 taking effect on or after the effective date provided in section #aa of this ,act4 7b7 ,adverse actions 7#a7 ,subchapter ,i of chapter #ge of title #e ,section #geja7a7 of title #e1 ,united ,states ,code1 as amended by sections #e7;c7 and #f7;a77#a71 is further amended-- 7,a7 by striking or1 except and inserting and1 except2 and 7,b7 by striking #a year of current and inserting #b years of current4 7#b7 ,subchapter ,,ii of chapter #ge of title #e ,section #geaa7;a77#a7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 in subparagraph 7,a7-- 7i7 in clause 7i71 by striking 2 or and inserting 2 and2 and 7ii7 in clause 7ii71 by striking #a year the first place it appears and inserting #b years2 7,b7 in subparagraph 7,b71 by striking #a year and inserting #b years2 and 7,c7 in subparagraph 7,c77i71 by striking 2 or and inserting 2 and4 7#c7 ,application ,the amendments made by paragraphs 7#a7 and 7#b7 shall apply in the case of any individual whose period of continuous service commences on or after the effective date provided in section #aa4 7c7 ,regulations ,the ,office of ,personnel ,management may prescribe regulations to carry out this section and the amendments made by this section4 #aa4 ,application 7a7 ,effective date ,unless otherwise specifically provided for in this ,act1 the amendments made by this ,act shall take effect on the date that is #a year after the date of enactment of this ,act4 7b7 ,collective bargaining agreements ,notwithstanding any other provision of law1 the procedures established or amended by this ,act shall supersede any collective bargaining agreement to the extent that the agreement is inconsistent with those procedures4 7c7 ,definition of business day ,for purposes of carrying out this ,act and the amendments made by this ,act1 the term business day means any day other than a ,saturday1 ,sunday1 or legal public holiday under section #fajc7;a7 of title #e1 ,united ,states ,code4