II 115th CONGRESS 2d Session S. 3200 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.

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 . 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: VI Alternative removal for performance or misconduct 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. .