adverse actions

adverse actions Sec. 204. (a) Chapter 75 of title 5, United States Code, is amended by striking out subchapters I, II, and III and inserting in lieu thereof the following: “SUBCHAPTER I— SUSPENSION FOR 14 DAYS OR LESS “§7501. Definitions “For the purpose of this subchapter— “(1) ‘employee’ means an individual in the competitive service who is not serving a probationary or trial period under an initial appointment or who has completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less; and “(2) ‘suspension’ means the placing of an employee, for disciplinary reasons, in a temporary status without duties and pay. 92 STAT. 1135 § 7502. Actions covered “This subchapter applies to a suspension for 14 days or less, but does not apply to a suspension under section 7521 or 7532 of this title or any action initiated under section 1206 of this title. “§7503. Cause and procedure “(a) Under regulations prescribed by the Office of Personnel Management, an employee may be suspended for 14 days or less for such cause as will promote the efficiency of the service (including discourteous conduct to the public confirmed by an immediate supervisor’s report of four such instances within any one-year period or any other pattern of discourteous conduct). “(b) An employee against whom a suspension for 14 days or less is proposed is entitled to— “(1) an advance written notice stating the specific reasons for the proposed action; “(2) a reasonable time to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer: “(3) be represented by an attorney or other representative; and “(4) a written decision and the specific reasons therefor at the earliest practicable date. “(c) Copies of the notice of proposed action, the answer of the employee if written, a summary thereof if made orally, the notice of decision and reasons therefor, and any order effecting the suspension, together with any supporting material, shall be maintained by the agency and shall be furnished to the Merit Systems Protection Board upon its request and to the employee affected upon the employee’s request. “§7504. Regulations “The Office of Personnel Management may prescribe regulations to carry out the purpose of this subchapter. “SUBCHAPTER II— REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS, REDUCTION IN GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS “§7511. Definitions; application “(a) For the purpose of this subchapter— “(1) ‘employee’ means— “(A) an individual in the competitive service who is not serving a probationary or trial period under an initial appointment or who has completed 1 year of current continuous employment under other than a temporary appointment limited to 1 year or less; and “(B) a preference eligible in an Executive agency in the excepted service, and a preference eligible in the United States Postal Service or the Postal Rate Commission, who has completed 1 year of current continuous service in the same or similar positions; “(2) ‘suspension’ has the meaning as set forth in section 7501 (2) of this title; “(3) ‘grade’ means a level of classification under a position classification system; 92 STAT. 1136 “(4) ‘pay’ means the rate of basic pay fixed by law or administrative action for the position held by an employee; and “(5) ‘furlough’ means the placing of an employee in a temporary status without duties and pay because of lack of work or funds or other nondisciplinary reasons. “(b) This subchapter does not apply to an employee— “(1) whose appointment is made by and with the advice and consent of the Senate; “(2) whose position has been determined to be of a confidential, policy-determining, policy-making or policy-advocating character by— “(A) the Office of Personnel Management for a position that it has excepted from the competitive service; or “(B) the President or the head of an agency for a position which is excepted from the competitive service by statute. “(c) The Office may provide for the application of this subchapter to any position or group of positions excepted from the competitive service by regulation of the Office. “§7512. Actions covered “This subchapter applies to— “(1) a removal; “(2) a suspension for more than 14 days; “(3) a reduction in grade; “(4) a reduction in pay; and “(5) a furlough of 30 days or less; but does not apply to— “(A) a suspension or removal under section 7532 of this title, “(B) a reduction-in-force action under section 3502 of this title, “(C) the reduction in grade of a supervisor or manager who has not completed the probationary period under section 3321(a) (2) of this title if such reduction is to the grade held immediately before becoming such a supervisor or manager, “(D) a reduction in grade or removal under section 4303 of this title, or “(E) an action initiated under section 1206 or 7521 of this title. “§7513. Cause and procedure “(a) Under regulations prescribed by the Office of Personnel Management, an agency may take an action covered by this subchapter against an employee only for such cause as will promote the efficiency of the service. “(b) An employee against whom an action is proposed is entitled to— “(1) at least 30 days’ advance written notice, unless there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed, stating the specific reasons for the proposed action; “(2) a reasonable time, but not less than 7 days, to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer; “(3) be represented by an attorney or other representative; and “(4) a written decision and the specific reasons therefor at the earliest practicable date. “(c) An agency may provide, by regulation, for a hearing which may be in lieu of or in addition to the opportunity to answer provided under subsection (b) (2) of this section. 92 STAT. 1137 “(d) An employee against whom an action is taken under this section IS entitled to appeal to the Merit Systems Protection Board under section 7701 of this title. “(e) Copies of the notice of proposed action, the answer of the employee when written, a summary thereof when made orally, the notice of decision and reasons therefor, and any order effecting an action covered by this subchapter, together with any supporting material, shall be maintained by the agency and shall be furnished to the Board upon its request and to the employee affected upon the employee’s request. “§7514. Regulations “The Office of Personnel Management may prescribe regulations to carry out the purpose of this subchapter, except as it concerns any matter with respect to which the Merit Systems Protection Board may prescribe regulations.”. “SUBCHAPTER III— ADMINISTRATIVE LAW JUDGES “§7521. Actions against administrative law judges “(a) An action may be taken against an administrative law judge appointed under section 3105 of this title by the agency in which the administrative law judge is employed only for good cause established and determined by the Merit Systems Protection Board on the record after opportunity for hearing before the Board. “(b) The actions covered by this section are— “(1) a removal; “(2) a suspension; “(3) a reduction in grade; “(4) a reduction in pay; and “(5) a furlough of 30 days or less; but do not include— “(A) a suspension or removal under section 7532 of this title; “(B) a reduction-in-force action under section 3502 of this title; or “(C) any action initiated under section 1206 of this title.”. (b) So much of the analysis for chapter 75 of title 5, United States Code, as precedes the items relating to subchapter IV is amended to read as follows: “CHAPTER 75— ADVERSE ACTIONS “SUBCHAPTER I—SUSPENSION OF 14 DAYS OB LESS “Sec. “7501. Definitions. “7502. Actions covered. “7503. Cause and procedure. “7504. Regulations. “SUBCHAPTER II—REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS, REDUCTION IN GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS “7511. Definitions; application. “7512. Actions covered. “7513. Cause and procedure. “7514. Regulations. 92 STAT. 1138 “SUBCHAPTER III—ADMINISTRATIVE LAW JUDGES “7521. Actions against administrative law judges.”.