‘‘(6) PROHIBITION AGAINST STAYS.—The Merit 
Systems Protection Board may not stay any removal 
or demotion under this section, except as provided in 
section 1214(b) of title 5, United States Code. 
‘‘(7) RESTRICTION ON PAY AND BENEFITS DUR-
ING APPEAL.—During the period beginning on the 
date on which a covered individual appeals a removal 
from the civil service under subsection (c) and end-
ing on the date that the United States Court of Ap-
peals for the Federal Circuit issues a final decision 
on such appeal, such covered individual may not re-
ceive any pay, awards, bonuses, incentives, allow-
ances, differentials, student loan repayments, special 
payments, or benefits related to the employment of 
the individual by the Service. 
‘‘(8) INFORMATION TO EXPEDITE APPEAL.—To 
the maximum extent practicable, the Secretary shall 
provide to the Merit Systems Protection Board such 
information and assistance as may be necessary to 
ensure an appeal under this subsection is expedited. 
‘‘(9) BACKPAY.—If an employee prevails on ap-
peal under this section, the employee shall be enti-
tled to backpay (as provided in section 5596 of title 
5, United States Code). 
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‘‘(10) APPLICABLE
TIMELINES
AND
PROCE-
DURES.—If an employee who is subject to a collec-
tive bargaining agreement chooses to grieve an ac-
tion taken under this section through a grievance 
procedure provided under the collective bargaining 
agreement, the timelines and procedures set forth in 
subsection (c) and this subsection shall apply. 
‘‘(e) ALLEGED
PROHIBITED
PERSONNEL
PRAC-
TICE.—In the case of a covered individual seeking correc-
tive action (or on behalf of whom corrective action is 
sought) from the Office of Special Counsel based on an 
alleged prohibited personnel practice described in section 
2302(b) of title 5, United States Code, the Secretary may 
not remove, demote, or suspend such covered individual 
under subsection (a) without the approval of the Special 
Counsel under section 1214(f) of title 5, United States 
Code. 
‘‘(f) TERMINATION OF INVESTIGATIONS BY OFFICE 
OF SPECIAL COUNSEL.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Special Counsel (established by 
section 1211 of title 5, United States Code) may ter-
minate an investigation of a prohibited personnel 
practice alleged by an employee or former employee 
of the Service after the Special Counsel provides to 
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the employee or former employee a written state-
ment of the reasons for the termination of the inves-
tigation. 
‘‘(2) ADMISSIBILITY.—The statement described 
in paragraph (1) may not be admissible as evidence 
in any judicial or administrative proceeding without 
the consent of the employee or former employee de-
scribed in paragraph (1). 
‘‘(g) VACANCIES.—In the case of a covered individual 
who is removed or demoted under subsection (a), to the 
maximum extent feasible, the Secretary shall fill the va-
cancy arising as a result of such removal or demotion. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) COVERED
INDIVIDUAL.—The term ‘cov-
ered individual’ means an individual occupying a po-
sition at the Service, but does not include— 
‘‘(A) an individual occupying a senior exec-
utive position (as defined in section 606(d)); 
‘‘(B) an individual who has not completed 
a probationary or trial period; or 
‘‘(C) a political appointee. 
‘‘(2) GRADE.—The term ‘grade’ has the mean-
ing given such term in section 7511(a) of title 5, 
United States Code. 
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‘‘(3) MISCONDUCT.—The term ‘misconduct’ in-
cludes neglect of duty, malfeasance, or failure to ac-
cept a directed reassignment or to accompany a po-
sition in a transfer of function. 
‘‘(4) POLITICAL APPOINTEE.—The term ‘polit-
ical appointee’ means an individual who is— 
‘‘(A) employed in a position described 
under sections 5312 through 5316 of title 5, 
United States Code (relating to the Executive 
Schedule); 
‘‘(B) a limited term appointee, limited 
emergency appointee, or noncareer appointee in 
the Senior Executive Service, as defined under 
paragraphs (5), (6), and (7), respectively, of 
section 3132(a) of title 5, United States Code; 
or 
‘‘(C) employed in a position of a confiden-
tial or policy-determining character under 
schedule C of subpart C of part 213 of title 5, 
Code of Federal Regulations, or successor regu-
lation. 
‘‘(5) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Health and Human Services, acting 
through the Director of the Service. 
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‘‘(6) SUSPEND.—The term ‘suspend’ means the 
placing of an employee, for disciplinary reasons, in 
a temporary status without duties and pay for a pe-
riod in excess of 14 days.’’. 
(b) CONFORMING AMENDMENTS.—Section 4303(f) of 
title 5, United States Code, is amended— 
(1) in paragraph (3), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (4), by striking the period at 
the end and inserting ‘‘, or’’; and 
(3) by adding at the end the following: 
‘‘(5) any removal or demotion under section 
607 of the Indian Health Care Improvement Act.’’. 
(c) REPORT.—Not later than 18 months after the 
date of enactment of this Act, the Secretary of Health and 
Human Services or the Inspector General of the Depart-
ment of Health and Human Services shall submit a report 
to Congress that includes the following: 
(1) The number of employees of the Indian 
Health Service who were removed, demoted, or sus-
pended in the 1-year period before the date of enact-
ment of this Act. 
(2) The number of employees of the Indian 
Health Service who were removed, demoted, or sus-
pended in the 1-year period after the date of enact-
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