,,ii  #aaeth ,,congress  #b;d ,session  
,s4 #cbjj  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #ab1     
#bjah ,mr4 ,perdue introduced the       
following bill2 which was read twice and
 referred to the ,committee on ,homeland
 ,security and ,governmental ,affairs   
,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 ,employment1 ,reform1      
,improvement1 and ,transformation ,act  
of #bjah or the ,,merit ,act of #bjah4  
#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 ,definitions ,in this section3  7#a7
 ,employee ,the term employee means any 
individual covered by subchapter ,,ii or

 ,v of this chapter4  7#b7 ,misconduct  
,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  7b7 ,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 removal4  7c7 ,procedure  7#a7 ,in  
general ,not later than #g days and not 
earlier than #ba days before taking a   
personnel action described in subsection
 7b7 against an employee1 the head of   
the agency employing the employee shall 
provide the employee with--  7,a7 notice
 in writing of the proposed personnel   
action1 including the reasons for the   
proposed action and 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 ,appeal     
7,a7 ,in general ,subject to            
subparagraph 7,b71 any removal under    
subsection 7b7 may be appealed to the   
,merit ,systems ,protection ,board under
 section #ggja4  7,b7 ,timing ,an appeal
 under subparagraph 7,a7 of a removal   
may only be made if the appeal is made  
not later than #g days after the date of
 the removal4  7#c7 ,limit on removal   
procedures ,the procedures under section
 #geac7;b7 or section #gedc7;b7 shall   
not apply to a removal under this       
section4  7d7 ,expedited review by      
,merit ,systems ,protection ,board  7#a7
 ,appeal decision timing ,upon receipt  
of an appeal under subsection           
7c77#b77;,a71 the ,merit ,systems       
,protection ,board shall issue a        
decision not later than #cj days after  
the date of the appeal4  7#b7           
,evidentiary standard ,notwithstanding  
section #ggja7;c77#a77;,b71 the ,merit  
,systems ,protection ,board shall uphold

 the decision of the head of an agency  
to remove an employee under subsection  
7b7 if the decision is supported by     
substantial evidence4  7#c7 ,final      
removal ,in any case in which the ,merit
 ,systems ,protection ,board cannot     
issue a decision in accordance with the 
#cj-;day requirement under paragraph    
7#a71 the removal is final4  7#d7       
,report required ,in the case of a final
 removal under paragraph 7#c71 the      
,merit ,systems ,protection ,board      
shall1 within #ad days after the date   
that the 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 the  
requirement under paragraph 7#a74  7#e7 
,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 7#h7
 or 7#i7 of section #bcjb7;b74  7#f7    
,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          
7c77#b77;,a7 and ending on the date that
 the ,merit ,systems ,protection ,board 
issues a final decision on the appeal1  
the individual may not receive any pay1 
awards1 bonuses1 incentives1 allowances1
 differentials1 student loan repayments1
 special payments1 or benefits4  7#g7   
,provision of information ,to the       
maximum extent practicable1 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 expedited4  7e7          
,additional authority ,the authority    
provided by this section is in addition 
to the authority otherwise provided     

under this chapter4  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 #geea4        
,removal for performance or misconduct4 
4