[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3200 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3200

  To amend title 5, United States Code, to provide for an alternative 
      removal for performance or misconduct for Federal employees.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 12, 2018

  Mr. Perdue introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend title 5, United States Code, to provide for an alternative 
      removal for performance or misconduct for Federal employees.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Modern Employment, Reform, 
Improvement, and Transformation Act of 2018'' or the ``MERIT Act of 
2018''.

SEC. 2. ALTERNATIVE REMOVAL FOR PERFORMANCE OR MISCONDUCT.

    (a) In General.--Chapter 75 of title 5, United States Code, is 
amended by adding at the end the following:

   ``SUBCHAPTER VI--ALTERNATIVE REMOVAL FOR PERFORMANCE OR MISCONDUCT

``Sec. 7551. Removal for performance or misconduct
    ``(a) Definitions.--In this section:
            ``(1) Employee.--The term `employee' means any individual 
        covered by subchapter II or V of this chapter.
            ``(2) Misconduct.--The term `misconduct' includes neglect 
        of duty, malfeasance, failure to accept a directed 
        reassignment, the commitment of a prohibited personnel 
        practice, a violation of protocol, and failure to accompany a 
        position in a transfer of function.
    ``(b) Authority.--The head of an agency may remove an employee from 
the civil service if the head of the agency determines the performance 
or misconduct of the individual warrants the removal.
    ``(c) Procedure.--
            ``(1) In general.--Not later than 7 days and not earlier 
        than 21 days before taking a personnel action described in 
        subsection (b) against an employee, the head of the agency 
        employing the employee shall provide the employee with--
                    ``(A) notice in writing of the proposed personnel 
                action, including the reasons for the proposed action 
                and the forecasted final date of employment; and
                    ``(B) an opportunity to respond to the proposed 
                personnel action within the remaining employment period 
                beginning on the date of receipt of notice.
            ``(2) Appeal.--
                    ``(A) In general.--Subject to subparagraph (B), any 
                removal under subsection (b) may be appealed to the 
                Merit Systems Protection Board under section 7701.
                    ``(B) Timing.--An appeal under subparagraph (A) of 
                a removal may only be made if the appeal is made not 
                later than 7 days after the date of the removal.
            ``(3) Limit on removal procedures.--The procedures under 
        section 7513(b) or section 7543(b) shall not apply to a removal 
        under this section.
    ``(d) Expedited Review by Merit Systems Protection Board.--
            ``(1) Appeal decision timing.--Upon receipt of an appeal 
        under subsection (c)(2)(A), the Merit Systems Protection Board 
        shall issue a decision not later than 30 days after the date of 
        the appeal.
            ``(2) Evidentiary standard.--Notwithstanding section 
        7701(c)(1)(B), the Merit Systems Protection Board shall uphold 
        the decision of the head of an agency to remove an employee 
        under subsection (b) if the decision is supported by 
        substantial evidence.
            ``(3) Final removal.--In any case in which the Merit 
        Systems Protection Board cannot issue a decision in accordance 
        with the 30-day requirement under paragraph (1), the removal is 
        final.
            ``(4) Report required.--In the case of a final removal 
        under paragraph (3), the Merit Systems Protection Board shall, 
        within 14 days after the date that the removal is final, submit 
        to Congress, the Committee on Homeland Security and 
        Governmental Affairs of the Senate, and the Committee on 
        Oversight and Government Reform of the House of Representatives 
        a report that explains the reasons why a decision was not 
        issued in accordance with the requirement under paragraph (1).
            ``(5) No stay of removal during appeal.--The Merit Systems 
        Protection Board may not stay any removal under this section 
        unless the basis for the appeal of the removal is a violation 
        of paragraph (8) or (9) of section 2302(b).
            ``(6) Requirement for removed individual during appeal.--
        During the period beginning on the date on which an individual 
        appeals a removal from the civil service under subsection 
        (c)(2)(A) and ending on the date that the Merit Systems 
        Protection Board issues a final decision on the appeal, the 
        individual may not receive any pay, awards, bonuses, 
        incentives, allowances, differentials, student loan repayments, 
        special payments, or benefits.
            ``(7) Provision of information.--To the maximum extent 
        practicable, the head of an agency 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.
    ``(e) Additional Authority.--The authority provided by this section 
is in addition to the authority otherwise provided under this 
chapter.''.
    (b) Conforming Amendment.--The table of sections for chapter 75 of 
title 5, United States Code, is amended by adding at the end the 
following:

   ``subchapter vi--alternative removal for performance or misconduct

``7551. Removal for performance or misconduct.''.
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