,i  #aaeth ,,congress  #ast ,session    
,h4 ,r4 #eei  ,,in ,,the ,,house ,,of   
,,representatives  ,january #ac1        
#bjag,mr4 ,loudermilk 7for himself1 ,mr4
 ,austin ,scott of ,georgia1 ,mr4       
,grothman1 ,mr4 ,barr1 ,mr4 ,messer1    
,mr4 ,babin1 ,mr4 ,arrington1 and ,mr4  
,bishop of ,michigan7 introduced the    
following bill2 which was referred to   
the ,committee on ,oversight and        
,government ,reform  ,a ,,bill  ,to     
amend title #e1 ,united ,states ,code1  
to provide for an alternative removal   
for performance or misconduct for       
,federal employees4  #a4 ,short title   
,this ,act may be cited as the ,modern  
,employment ,reform1 ,improvement1 and  
,transformation ,act of #bjag or the    
,,merit ,act of #bjag4  #b4 ,alternative
 removal for performance or misconduct  
7a7 ,in general ,chapter #ge of title   
#e1 ,united ,states ,code1 is amended by
 adding at the end the following3  ,,vi 
,alternative removal for performance or 
misconduct  #geea4 ,removal for         

performance or misconduct  7a7 ,in      
general ,the head of an agency may      
remove an employee from the civil       
service if the head determines the      
performance or misconduct of the        
individual warrants such removal4  7b7  
,procedure  7#a7 ,not less than #g days 
and not more than #ba days before taking
 a personnel action described in        
subsection 7a7 against an employee1 the 
head of the applicable agency shall     
provide the employee with--  7,a7 notice
 in writing of the proposed personnel   
action1 including the reasons for such  
action and including the forecasted     
final date of employment2 and  7,b7 an  
opportunity to respond to the proposed  
personnel action within the remaining   
employment period beginning on the date 
of receipt of notice4  7#b7  7,a7       
,subject to subparagraph 7,b71 any      
removal under subsection 7a7 may be     
appealed to the ,merit ,systems         
,protection ,board under section #ggja4 
7,b7 ,an appeal under subparagraph 7,a7 

of a removal may only be made if such   
appeal is made not later than #g days   
after the date of such removal4  7#c7   
,no procedures under section #geac7;b7  
or section #gedc7;b7 may be applied to a
 removal or under this section4  7c7    
,expedited review by ,merit ,systems    
,protection ,board  7#a7 ,upon receipt  
of an appeal under subsection           
7b77#b77;,a71 the ,merit ,systems       
,protection ,board shall issue a        
decision not later than #cj days after  
the date of the appeal4  7#b7           
,notwithstanding section                
#ggja7;c77#a77;,b71 the ,merit ,systems 
,protection ,board shall uphold the     
decision of the head to remove an       
employee under subsection 7a7 if the    
decision is supported by substantial    
evidence4  7#c7 ,in any case in which   
the ,merit ,systems ,protection ,board  
judge cannot issue a decision in        
accordance with the #cj-;day requirement
 under paragraph 7#a71 the removal is   
final4 ,in such a case1 the ,merit      

,systems ,protection ,board shall1      
within #ad days after the date that such
 removal is final1 submit to ,congress1 
the ,committee on ,homeland ,security   
and ,governmental ,affairs of the       
,senate1 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 such 
requirement4  7#d7 ,the ,merit ,systems 
,protection ,board may not stay any     
removal under this section unless the   
basis for the appeal of such removal is 
a violation of paragraph 7#h7 or 7#i7 of
 section #bcjb7;b74  7#e7 ,during the   
period beginning on the date on which an
 individual appeals a removal from the  
civil service under subsection          
7b77#b77;,a7 and ending on the date that
 the ,merit ,systems ,protection ,board 
issues a final decision on such appeal1 
such individual may not receive any pay1
 awards1 bonuses1 incentives1           
allowances1 differentials1 student loan 

repayments1 special payments1 or        
benefits4  7#f7 ,to the maximum extent  
practicable1 the head shall provide to  
the ,merit ,systems ,protection ,board  
such information and assistance as may  
be necessary to ensure an appeal under  
this subsection is expedited4  7d7      
,additional authority ,the authority    
provided by this section is in addition 
to the authority otherwise provided     
under this chapter4  7e7 ,definitions   
,in this section3 7#a7 ,the term        
employee means any individual covered by
 subchapter ,,ii or ,v of this chapter4 
7#b7 ,the term misconduct includes      
neglect of duty1 malfeasance1 failure to
 accept a directed reassignment1 the    
commitment of a prohibited personnel    
practice1 a violation of protocol1 and  
failure to accompany a position in a    
transfer of function4  4  7b7           
,conforming amendment ,the table of     
sections for chapter #ge of title #e1   
,united ,states ,code1 is amended by    
adding at the end the following3        

,subchapter ,,vi--,alternative removal  
for performance or misconduct ,sec4     
#geea4 ,removal for performance or      
misconduct4  4