[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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