,,ii #aaith ,,congress #ast ,session ,s4 #ffb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bj1 #bjbe,mr4 ,sheehy 7for himself1 ,mr4 ,cramer1 and ,mrs4 ,hyde-,smith7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,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 #bjbe or the ,,merit ,act of #bjbe4 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 ,actions against supervisors for performance or conduct4,sec4 #g4 ,modification of procedures for furlough4,sec4 #h4 ,reduction of annuity of employee convicted of a felony for which an adverse action is or would have been taken4,sec4 #i4 ,authority to recoup bonuses or awards paid to employees4,sec4 #aj4 ,extension of probationary period for positions within the ,senior ,executive ,service4,sec4 #aa4 ,extension of probationary period for employees in the competitive service4,sec4 #ab4 ,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 #ab4 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 to read as follows3 #geac4 ,cause and procedure for actions other than furlough 7a7 ,in general 7#a7 ,standard for certain adverse actions ,under regulations prescribed by the ,office of ,personnel ,management1 an agency may take an action described in paragraphs 7#a7 through 7#d7 of section #geab against an employee if the agency determines by a preponderance of the evidence that the performance or misconduct of the employee warrants such action4 7#b7 ,factors for initial decision ,when making an initial decision on an action described in paragraphs 7#a7 through 7#d7 of section #geab with respect to an employee1 the deciding employee of the agency shall exclusively apply the following factors3 7,a7 ,the nature and seriousness of the offense1 and its relation to the employee's duties1 position1 and responsibilities1 including whether the offense-- 7i7 was intentional or technical or inadvertent2 7ii7 was committed maliciously or for gain2 or 7iii7 was frequently repeated4 7,b7 ,the employee's job level and type of employment1 including any supervisory or fiduciary role1 and the prominence of the position4 7,c7 ,the employee's past disciplinary records4 7,d7 ,the employee's past work record1 including length of service1 performance on the job1 ability to get along with fellow workers1 and dependability4 7,e7 ,mitigating circumstances surrounding the offense1 such as-- 7i7 unusual job tensions1 personality problems1 or mental impairment2 or 7ii7 harassment1 bad faith1 malice1 or provocation on the part of others involved in the matter4 7#c7 ,standard of review ,the agency shall-- 7,a7 review the initial decision described in paragraph 7#b71 without regard to whether the employee responds under subsection 7e77#b72 and 7,b7 uphold the initial decision if it is supported by substantial evidence4 7b7 ,pay of certain employees subject to a reduction in grade 7#a7 ,applicable rate of pay ,notwithstanding any other provision of law1 an employee subject to a reduction in grade shall1 beginning on the date of the reduction in grade1 receive the annual rate of pay applicable to the reduced grade4 7#b7 ,no administrative leave1 or pay without working or use of other leave1 during appeal ,if an employee subject to a reduction in grade appeals the reduction in grade under this section1 during the period during which the appeal is ongoing1 the employee-- 7,a7 may not be placed on administrative leave2 and 7,b7 may only receive pay and benefits if the employee-- 7i7 reports for duty2 or 7ii7 is approved to use accrued unused annual1 sick1 family medical1 military1 or court leave4 7#c7 ,conditions on pay and benefits generally ,during any period other than a period described in paragraph 7#b71 if an employee subject to a reduction in grade does not report for duty or receive approval to use accrued unused leave1 the employee may not receive pay or benefits4 7c7 ,procedure 7#a7 ,response period ,the period during which an employee may respond to a notice of an action described in paragraphs 7#a7 through 7#d7 of section #geab in writing and furnish affidavits and other documentary evidence in support of the response1 as provided under subsection 7e77#b71 shall be #g business days4 7#b7 ,final decision 7,a7 ,in general ,the agency shall issue a final decision with respect to an action described in paragraphs 7#a7 through 7#d7 of section #geab1 with respect to an employee1 not later than #ae business days after the agency provides notice1 including a file containing all the evidence in support of the proposed action1 to the employee1 unless there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed4 7,b7 ,form and contents ,a final decision described in subparagraph 7,a7 shall-- 7i7 be in writing2 and 7ii7 include the specific reasons therefor4 7d7 ,,pip ,the agency may carry out an action described in paragraphs 7#a7 through 7#d7 of section #geab with respect to an employee without first placing the employee on a performance improvement plan4 7e7 ,employee rights ,an employee against whom an action described in paragraphs 7#a7 through 7#d7 of section #geab is proposed is entitled to-- 7#a7 a written notice stating the specific reasons for the proposed action2 7#b7 respond in writing and furnish affidavits and other documentary evidence in support of the response2 7#c7 be represented by an attorney or other representative2 and 7#d7 a written decision and the specific reasons therefor at the earliest practicable date4 7f7 ,hearing ,an agency may provide1 by regulation1 for a hearing which may be in lieu of or in addition to the opportunity to respond provided under subsection 7e77#b74 7g7 ,appeal ,an employee against whom an action described in paragraphs 7#a7 through 7#d7 of section #geab is taken is entitled to appeal to the ,merit ,systems ,protection ,board 7referred to in this section as the ,board7 under section #ggja of this title not later than #aj business days after the effective date of the action4 7h7 ,records 7#a7 ,agency records2 provision to ,board ,the agency shall maintain1 and shall furnish to the ,board upon request of the ,board1 copies of the notice of proposed action1 the response of the employee when written1 a summary thereof when made orally1 the notice of decision and reasons therefor1 and any order effecting an action described in paragraphs 7#a7 through 7#d7 of section #geab1 together with any supporting material4 7#b7 ,provision to employee ,upon the request of an affected employee1 the agency shall furnish copies of the documents described in paragraph 7#a7 to the employee1 to the extent those documents were not provided under subsection 7c74 4 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 later 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 #ab4 #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 7b77#b7 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 or 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 to read as follows3 #gedc4 ,cause and procedure 7a7 ,standard for adverse actions ,under regulations prescribed by the ,office of ,personnel ,management1 an agency may take an action covered by this subchapter against an employee if the agency determines by a preponderance of the evidence that the performance or misconduct of the employee warrants such action4 7b7 ,factors for initial decision ,when making an initial decision on an action covered by this subchapter1 the deciding employee of the agency shall exclusively apply the following factors3 7#a7 ,the nature and seriousness of the offense1 and its relation to the employee's duties1 position1 and responsibilities1 including whether the offense-- 7,a7 was intentional or technical or inadvertent2 7,b7 was committed maliciously or for gain2 or 7,c7 was frequently repeated4 7#b7 ,the employee's job level and type of employment1 including any supervisory or fiduciary role1 and the prominence of the position4 7c7 ,standard of review ,the agency shall-- 7#a7 review the initial decision described in subsection 7b71 without regard to whether the employee responds under subsection 7e77#b72 and 7#b7 uphold the decision if it is supported by substantial evidence4 7d7 ,procedure 7#a7 ,response period ,the period during which an employee may respond to a notice of an action covered by this subchapter in writing and furnish affidavits and other documentary evidence in support of the response1 as provided under subsection 7e77#b71 shall be #g business days4 7#b7 ,final decision 7,a7 ,in general ,the agency shall issue a final decision with respect to an action covered by this subchapter not later than #ae business days after the agency provides notice1 including a file containing all the evidence in support of the proposed action1 to the employee1 unless there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed4 7,b7 ,form and contents ,a final decision described in subparagraph 7,a7 shall-- 7i7 be in writing2 and 7ii7 include the specific reasons therefor4 7e7 ,employee rights ,an employee against whom an action covered by this subchapter is proposed is entitled to-- 7#a7 a written notice stating the specific reasons for the proposed action2 7#b7 respond in writing and furnish affidavits and other documentary evidence in support of the response2 7#c7 be represented by an attorney or other representative2 and 7#d7 a written decision and the specific reasons therefor at the earliest practicable date4 7f7 ,hearing ,an agency may provide1 by regulation1 for a hearing which may be in lieu of or in addition to the opportunity to respond provided under subsection 7e77#b74 7g7 ,appeal ,an employee against whom an action is taken under this section is entitled to appeal to the ,merit ,systems ,protection ,board 7referred to in this section as the ,board7 under section #ggja of this title not later than #aj business days after the effective date of the action4 7h7 ,records 7#a7 ,agency records2 provision to ,board ,the agency shall maintain1 and shall furnish to the ,board upon request of the ,board1 copies of the notice of proposed action1 the response of the employee when written1 a summary thereof when made orally1 the notice of decision and reasons therefor1 and any order effecting an action covered by this subchapter1 together with any supporting material4 7#b7 ,provision to employee ,upon the request of an affected employee1 the agency shall furnish copies of the documents described in paragraph 7#a7 to the employee1 to the extent those documents were not provided under subsection 7d77#b77;,a74 7i7 ,definition ,in this section1 the term misconduct includes neglect of duty1 malfeasance1 or failure to accept a directed reassignment or to accompany a position in a transfer of function4 4 7e7 ,relation to other provisions of law ,section #ceib7;b77#a7 of title #e1 ,united ,states ,code1 shall not apply to an action under section #gedc7;a7 of that title1 as amended by subsection 7d74 7f7 ,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 7g7 ,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 #ab of this ,act4 #f4 ,actions against supervisors for performance or conduct ,subchapter ,,ii of title #e1 ,united ,states ,code1 is amended-- 7#a7 by redesignating sections #gead and #geae as sections #geaf and #geag1 respectively2 and 7#b7 by inserting after section #geac the following3 #gead4 ,supervisors 7a7 ,definition ,in this section1 the term supervisor has the meaning given that term in section #gajc7;a74 7b7 ,standard for adverse actions ,an agency may take an action covered by this subchapter against a supervisor if the agency determines by a preponderance of the evidence that the performance or misconduct of the supervisor warrants such action4 7c7 ,factors for initial decision ,when making an initial decision on an action covered by this subchapter with respect to a supervisor1 the deciding employee of the agency shall exclusively apply the following factors3 7#a7 ,the nature and seriousness of the offense1 and its relation to the supervisor's duties1 position1 and responsibilities1 including whether the offense-- 7,a7 was intentional or technical or inadvertent2 7,b7 was committed maliciously or for gain2 or 7,c7 was frequently repeated4 7#b7 ,the supervisor's job level and type of employment1 including the supervisory role and any fiduciary role1 and the prominence of the position4 7d7 ,standard of review ,the agency shall-- 7#a7 review the initial decision described in subsection 7c71 without regard to whether the supervisor responds under subsection 7g77#b72 and 7#b7 uphold the initial decision if it is supported by substantial evidence4 7e7 ,procedure 7#a7 ,response period ,the period during which a supervisor may respond to a notice of an action covered by this subchapter in writing and furnish affidavits and other documentary evidence in support of the response1 as provided under subsection 7g77#b71 shall be #g business days4 7#b7 ,final decision 7,a7 ,in general ,the agency shall issue a final decision with respect to a covered action not later than #ae business days after the agency provides notice1 including a file containing all the evidence in support of the proposed action1 to the supervisor1 unless there is reasonable cause to believe the supervisor has committed a crime for which a sentence of imprisonment may be imposed4 7,b7 ,form and contents ,a final decision described in subparagraph 7,a7 shall-- 7i7 be in writing2 and 7ii7 include the specific reasons therefor4 7f7 ,reduction in grade 7#a7 ,in general ,a reduction in grade under subsection 7b7 with respect to a supervisor shall be carried out as a reduction in grade-- 7,a7 for which the supervisor is qualified2 7,b7 that the agency determines is appropriate2 and 7,c7 that reduces the annual rate of pay of the supervisor4 7#b7 ,pay of certain supervisors subject to a reduction in grade 7,a7 ,applicable rate of pay ,notwithstanding any other provision of law1 a supervisor subject to a reduction in grade shall1 beginning on the date of the reduction in grade1 receive the annual rate of pay applicable to the reduced grade4 7,b7 ,no administrative leave1 or pay without working or use of other leave1 during appeal ,if a supervisor subject to a reduction in grade appeals the reduction in grade under this section1 during the period during which the appeal is ongoing1 the supervisor-- 7i7 may not be placed on administrative leave2 and 7ii7 may only receive pay and benefits if the supervisor-- 7,i7 reports for duty2 or 7,,ii7 is approved to use accrued unused annual1 sick1 family medical1 military1 or court leave4 7,c7 ,conditions on pay and benefits generally ,during any period other than a period described in subparagraph 7,b71 if a supervisor subject to a reduction in grade does not report for duty or receive approval to use accrued unused leave1 the supervisor shall not receive pay or benefits4 7g7 ,supervisor rights ,a supervisor against whom an action covered by this subchapter is proposed is entitled to-- 7#a7 a written notice stating the specific reasons for the proposed action2 7#b7 respond in writing and furnish affidavits and other documentary evidence in support of the response2 7#c7 be represented by an attorney or other representative2 and 7#d7 a written decision and the specific reasons therefor at the earliest practicable date4 7h7 ,,pip ,the agency may carry out an action covered by this subchapter with respect to a supervisor without first placing the supervisor on a performance improvement plan4 7i7 ,relation to performance appraisal procedures ,the procedures under chapter #dc shall not apply to an action covered by this subchapter with respect to a supervisor4 4 #g4 ,modification of procedures for furlough 7a7 ,general furlough of #ad days or less2 emergency furlough ,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 by redesignating paragraphs 7#a7 and 7#b7 as paragraphs 7#b7 and 7#e71 respectively2 7,b7 by inserting before paragraph 7#b71 as so redesignated1 the following3 7#a7 emergency furlough means a furlough due to a lapse in appropriations2 2 7,c7 in paragraph 7#b71 as so redesignated1 by striking and at the end2 and 7,d7 by inserting after paragraph 7#b71 as so redesignated1 the following3 7#c7 furlough has the meaning given that term in section #geaa7;a72 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 an emergency furlough of any duration4 2 7#c7 by redesignating section #gejd as section #geje2 and 7#d7 by inserting after section #gejc the following3 #gejd4 ,general furlough and emergency furlough cause and procedure 7a7 ,definition ,in this section1 the term employee has the meaning given the term in section #geja4 7b7 ,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 7#b7 ,entitlement to procedures ,any employee furloughed under this subsection is entitled to the procedures established under the regulations promulgated under paragraph 7#c74 7#c7 ,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 a written notice stating the specific reasons for the proposed action2 7ii7 representation by an attorney or other representative2 and 7iii7 a written decision and the 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 7c7 ,emergency furlough 7#a7 ,in general ,an employee may be subject to an emergency furlough4 7#b7 ,procedures 7,a7 ,notice 7i7 ,in general ,under regulations prescribed by the ,office of ,personnel ,management1 any employee subject to an emergency furlough shall be afforded notice explaining the reasons for the emergency furlough4 7ii7 ,timing ,if the notice described in clause 7i7 cannot be provided in advance of the emergency furlough1 notice shall be provided as soon as reasonably practicable4 7,b7 ,other procedures ,no other procedures1 including those provided under subsection 7b7 or any other provision of this title1 shall be available to any employee subject to an emergency furlough under this subsection4 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;a77#e71 by inserting before the period the following3 1 but does not include an emergency furlough as defined in section #geja2 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 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 1 or2 and 7,d7 by adding at the end the following3 7,f7 an emergency furlough action under section #gejd4 2 and 7#c7 by inserting after section #gead1 as added by section #f1 the following3 #geae4 ,furlough cause and procedure 7a7 ,in general ,an employee may be subject to a furlough for such cause as will promote the efficiency of the service4 7b7 ,entitlement to procedures ,any employee furloughed under this section is entitled to the procedures established under the regulations promulgated under subsection 7c74 7c7 ,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 furlough action2 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 7d7 ,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 an emergency furlough 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 ,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 ,general furlough and emergency 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 by striking the items relating to sections #geac through #geae and inserting the following3 #geac4 ,cause and procedure for actions other than furlough4#gead4 ,supervisors4#geae4 ,furlough cause and procedure4#geaf4 ,regulations4#geag4 ,discipline of supervisors based on retaliation against whistleblowers4 4 7f7 ,application ,notwithstanding section #ab1 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 #geae of title #e1 ,united ,states ,code1 as added by this section4 #h4 ,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 #geac or #gedc1 or any other provision of law1 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 #geac or #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 #i4 ,authority to recoup bonuses or awards paid to employees 7a7 ,adverse findings and employees under investigation ,chapter #de of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 ,,iv ,limitations on bonus authority #deca4 ,certain forms of misconduct 7a7 ,definitions ,in this section3 7#a7 ,adverse finding 7,a7 ,in general ,the term adverse finding means a determination by the head of the agency employing an employee that the conduct of the employee-- 7i7 violated a policy of the agency for which the employee may be removed or suspended for a period of not less than #ad days2 or 7ii7 violated a law for which the employee may be imprisoned for more than #a year4 7,b7 ,basis ,a determination described in subparagraph 7,a7 may be based on an investigation by1 a determination of1 or information provided by the ,inspector ,general or another senior ethics official of an agency or the ,comptroller ,general of the ,united ,states1 as part of carrying out an activity1 authority1 or function of the ,inspector ,general1 senior ethics official1 or ,comptroller ,general1 respectively1 under a provision of law other than this section4 7#b7 ,agency ,the term agency has the meaning given the term in section #eea4 7#c7 ,bonus ,the term bonus means any performance award or cash award under-- 7,a7 section #deje;a2 7,b7 section #echd2 or 7,c7 section #eged4 7#d7 ,employee ,the term employee means an employee of an agency4 7b7 ,prohibition ,the head of an agency may not award a bonus to an employee of the agency until the date that is #e years after the end of the fiscal year during which the head of the agency makes an adverse finding relating to the employee4 7c7 ,after bonus awarded 7#a7 ,in general ,for a bonus awarded to an employee after the date of enactment of this section1 if the head of the agency employing the employee makes an adverse finding relating to the employee during the fiscal year in which the bonus is awarded1 the head of the agency1 after notice and an opportunity for a hearing1 shall issue an order directing the employee to repay the amount of the bonus4 7#b7 ,repayment plan ,an agency shall allow an employee who is required to repay a bonus under paragraph 7#a7 to repay that bonus using a repayment plan4 7#c7 ,hearings ,a hearing under this subsection shall be conducted in accordance with regulations relating to hearings promulgated by the head of the agency under chapter #ge4 7d7 ,condition of receipt ,as a condition of receiving a bonus awarded after the date of enactment of this section1 an employee shall sign a certification stating that the employee shall repay the bonus in accordance with a final order issued under subsection 7c74 7e7 ,appeal ,an employee determined to be ineligible for a bonus under subsection 7b7 or against whom an order is issued under subsection 7c7 may submit an appeal to the ,merit ,systems ,protection ,board under section #ggja4 7f7 ,rulemaking ,the head of an agency may promulgate rules to carry out this section4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #de of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 ,,subchapter ,,iv--,limitations on bonus authority#deca4 ,certain forms of misconduct4 4 #aj4 ,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 #ab of this ,act4 #aa4 ,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 #ab of this ,act4 7b7 ,adverse actions 7#a7 ,subchapter ,i of chapter #ge of title #e ,section #geja7b7 of title #e1 ,united ,states ,code1 as so redesignated by section #g7;a77#a71 is amended by striking or who has completed #a year of current and inserting and who has completed #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 #ab4 7c7 ,regulations ,the ,office of ,personnel ,management may prescribe regulations to carry out this section and the amendments made by this section4 #ab4 ,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