S 1990 — Presidential Appointee Accountability Act of 2019

Summary

Presidential Appointee Accountability Act of 2019 This bill authorizes the Merit Systems Protection Board (MSPB) to impose a fine on a presidentially appointed employee against whom the Special Counsel determines disciplinary action should be taken for (1) committing a prohibited personnel practice; (2) violating the provision of any law, rule, or regulation, or engaging in certain other conduct within the jurisdiction of the Special Counsel; or (3) knowingly and willfully refusing or failing to comply with an order of the MSPB. If the Special Counsel determines that such disciplinary action should be taken, the Special Counsel must prepare a written complaint containing such determination and present it to the President. The President shall submit a written response explaining whether the President is taking the recommended disciplinary action and, if not, the reason for not doing so.

Bill Text

• Introduced Introduced in Senate Current html June 26, 2019

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The bill enhances the authority of the Special Counsel regarding disciplinary actions against presidential appointees in certain positions, allowing for higher civil penalties and a new process for handling complaints.

• 5 U.S.C. § 1215(a)(3)

  A final → Except as provided in subparagraph (C), a final

  This change clarifies that the disciplinary actions specified in subsection (a)(3) are subject to an exception for certain presidential appointees.

• 5 U.S.C. § 1215(a)(3)

  (C) In a case brought under paragraph (1) involving disciplinary action against an employee in a confidential, policy-making, policy-determining, or policy-advocating position appointed by the President, by and with the advice and consent of the Senate (other than an individual in the Foreign Service of the United States or an employee serving in a position at level I of the Executive Schedule under section 5312), a final order of the Board-- (i) may impose an assessment of a civil penalty in an amount that is not more than $10,000 for each violation committed by the employee; and (ii) may not impose any other disciplinary action.

  This addition allows for a civil penalty of up to $10,000 for violations by certain presidential appointees while prohibiting other forms of disciplinary action.

• 5 U.S.C. § 1215(b)

  In the case of an employee in a confidential, policy-making, policy-determining, or policy-advocating position appointed by the President, by and with the advice and consent of the Senate (other than an individual in the Foreign Service of the United States), the complaint and statement referred to in subsection (a)(1), together with any response of the employee, shall be presented to the President for appropriate action in lieu of being presented under subsection (a). → (1) In this subsection, the term `covered individual'-- (A) means an employee in a confidential, policy-making, policy-determining, or policy-advocating position appointed by the President, by and with the advice and consent of the Senate (other than an individual in the Foreign Service of the United States); and (B) includes an employee serving in a position at level I of the Executive Schedule under section 5312. (2) If the Special Counsel determines under subsection (a) that disciplinary action should be taken against a covered individual-- (A) the Special Counsel shall prepare a written complaint against the employee containing the determination of the Special Counsel, which-- (i) shall include-- (I) a written statement of supporting facts; and (II) the recommendation of the Special Counsel regarding the specific disciplinary action that should be taken against the covered individual; and (ii) the Special Counsel shall present to the President and make publicly available; and (B) not later than 30 days after the date on which the President receives the complaint submitted under subparagraph (A), the President shall-- (i) submit to the Special Counsel a written response that contains-- (I) an explanation of whether the President is taking the disciplinary action against the covered individual recommended by the Special Counsel under subparagraph (A)(i)(II); and (II) if the President is not taking the action described in subclause (I), the reason that the President is not taking that action; and (ii) make the response required under clause (i) publicly available. (3) With respect to a covered individual who is an employee in a confidential, policy-making, policy-determining, or policy-advocating position appointed by the President, by and with the advice and consent of the Senate (other than an individual in the Foreign Service of the United States or an employee serving in a position at level I of the Executive Schedule under section 5312), the action required under this subsection with respect to the individual shall be in addition to any action required under subsection (a) with respect to the individual.

  This change establishes a new definition for 'covered individual' and outlines a new procedure for handling complaints against them, including public accountability.

Action History

1. June 26, 2019

   Introduced in Senate

2. June 26, 2019

   Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Sponsors

• Richard Blumenthal · Primary

Subjects