,,ii #aahth ,,congress #ast ,session ,s4 #adif ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #i1 #bjbc,mr4 ,scott of ,florida 7for himself and ,mr4 ,schmitt7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to provide that all ,federal employees in the executive branch of the ,federal ,government are at-will employees1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,public ,service ,reform ,act4 #b4 ,at-will employment for ,federal executive branch employees 7a7 ,definitions ,in this section-- 7#a7 the term adverse personnel action means1 with respect to an employee1 a removal1 a suspension for more than #ad days1 a reduction in grade1 a reduction in pay1 or a furlough of #cj days or less2 7#b7 the term career employee means any employee who is not a political appointee2 7#c7 the term covered position has the meaning given the term in section #bcjb7;a77#b77;,b7 of title #e1 ,united ,states ,code2 7#d7 the term employee-- 7,a7 has the meaning given the term in section #baje of title #e1 ,united ,states ,code2 and 7,b7 includes-- 7i7 an officer or employee of the ,united ,states ,postal ,service or the ,postal ,regulatory ,commission2 and 7ii7 notwithstanding subsection 7b7 of section #gdbe of title #ch1 ,united ,states ,code1 any employee described in subsection 7a7 of such section #gdbe2 and 7#e7 the term political appointee means any employee who-- 7,a7 is appointed by the ,president2 7,b7 is a noncareer appointee 7as that term is defined in section #cacb7;a77#g7 of title #e1 ,united ,states ,code72 7,c7 occupies a position under schedule ,c of subpart ,c of part #bac of title #e1 ,code of ,federal ,regulations1 or any successor regulations2 or 7,d7 occupies any other position in the civil service 7as that term is defined in section #baja of title #e1 ,united ,states ,code7 that is classified as a political position after the date of enactment of this ,act under regulations prescribed by the ,director of the ,office of ,personnel ,management4 7b7 ,at-,will employment 7#a7 ,in general ,notwithstanding any other provision of law1 rule1 or regulation1 and except as provided in paragraph 7#b71 any employee in the executive branch of the ,federal ,government-- 7,a7 shall be considered at-will2 7,b7 may be subject to any adverse personnel action 7up to and including removal7 for good cause1 bad cause1 or no cause at all2 and 7,c7 may not challenge or otherwise appeal an action described in subparagraph 7,b71 except as provided in subsections 7c7 and 7g74 7#b7 ,limitation ,an employee may not be subject to any adverse personnel action under this ,act for a reason that is prohibited under section #bcjb7;b7 of title #e1 ,united ,states ,code4 7#c7 ,procedures 7,a7 ,in general ,the ,president shall establish procedures to enforce compliance with paragraph 7#b74 7,b7 ,rule of construction ,nothing in this paragraph may be construed to grant an employee the right to review or appeal an adverse personnel action outside of the procedures described in subparagraph 7,a71 subsection 7g71 or subsection 7h71 as applicable4 7c7 ,removal of career employees ,with respect to the removal of a career employee1 the following procedures shall apply3 7#a7 ,before the applicable agency removes the career employee-- 7,a7 the agency official authorized to propose such action 7referred to in this subsection as the proposing official7 shall provide the career employee with written notification of the proposed removal and the reasons for the proposed removal2 and 7,b7 the career employee shall have #ad days to provide a written response to the notification received under subparagraph 7,a71 except that the head of the applicable agency shall have sole and exclusive discretion to alter that response period on a case-by-case basis4 7#b7 ,under procedures prescribed by the applicable agency head1 in the sole and exclusive discretion of the agency head1 an agency official 7who1 except when the proposing official is the agency head1 shall be an agency official other than the proposing official7 7referred to in this subsection as the deciding official7-- 7,a7 shall review the proposed removal and the response of the career employee under paragraph 7#a72 7,b7 may1 in the sole and exclusive discretion of the deciding official1 conduct a hearing on the matter2 and 7,c7 after the review conducted under subparagraph 7,a71 and any hearing conducted under subparagraph 7,b71 shall decide whether to remove or retain the career employee4 7#c7 ,the determination of a deciding official under paragraph 7#b7 shall be the final decision of the applicable agency with respect to the career employee1 unless1 not later than #g days after the date on which the deciding official makes that determination1 the agency head reverses the determination of the deciding official1 in which case the decision of the agency head shall be the final agency decision4 7#d7 ,the final decision of an agency under paragraph 7#c7 shall be final and not subject to any appeal or challenge1 except that the ,president may overrule that final decision of the agency in accordance with such procedures or regulations as the ,president may prescribe4 7d7 ,application ,chapter #dc of title #e1 ,united ,states ,code1 shall not apply to any personnel action taken with respect to an employee under this ,act4 7e7 ,abolishment of ,,mspb 7#a7 ,in general ,effective on the date of enactment of this ,act1 the ,merit ,systems ,protection ,board 7referred to in this subsection as the ,board7 is hereby abolished4 7#b7 ,disposal of assets1 obligations1 and liabilities ,the ,chairman of the ,board may take such actions as are necessary to dispose of the assets1 obligations1 and liabilities of the ,board4 7f7 ,technical and conforming amendments 7#a7 ,repeal ,the following provisions of title #e1 ,united ,states ,code1 are hereby repealed3 7,a7 ,subchapter ,i of chapter #ab4 7,b7 ,section #abab7;c74 7,c7 ,with respect to section #abad1 the following provisions3 7i7 ,subsection 7b77#a74 7ii7 ,subparagraphs 7,b7 through 7,d7 of subsection 7b77#b74 7iii7 ,paragraphs 7#c7 and 7#d7 of subsection 7b74 7iv7 ,subsections 7c71 7g71 and 7i74 7,d7 ,sections #abae and #abba4 7,e7 ,section #dcjc4 7,f7 ,chapter #ge4 7,g7 ,chapter #gg4 7#b7 ,other amendments ,chapter #ga of title #e1 ,united ,states ,code1 is amended-- 7,a7 in section #gajc7;a77#ad7-- 7i7 by redesignating subparagraphs 7,b7 and 7,c7 as subparagraphs 7,c7 and 7,d71 respectively2 and 7ii7 by inserting after subparagraph 7,a7 the following3 7,b7 relating to adverse personnel actions1 as provided by the ,public ,service ,reform ,act2 2 and 7,b7 in section #gaba7;c71 by amending paragraph 7#c7 to read as follows3 7#c7 any adverse personnel action under the ,public ,service ,reform ,act2 4 7g7 ,whistleblower protections 7#a7 ,in general ,during the period described in subsection 7c77#a77;,b71 the ,office of ,special ,counsel may make a recommendation to the applicable agency head or deciding official 7as described in subsection 7c77#b77 regarding whether an adverse personnel action proposed against an individual was in retaliation for making a disclosure described in section #bcjb7;b77#h7 of title #e1 ,united ,states ,code4 7#b7 ,appeal 7,a7 ,in general ,an individual in a covered position who is subject to an adverse personnel action and who claims that action was taken for a reason prohibited under paragraph 7#h7 or 7#i7 of section #bcjb7;b7 of title #e1 ,united ,states ,code1 may appeal that action to the ,united ,states court of appeals in the circuit in which the duty station of the individual is located4 7,b7 ,decision 7i7 ,frivolous or bad faith appeal ,if the court1 in an appeal brought by an individual under subparagraph 7,a71 finds that the appeal is brought in bad faith or is frivolous1 the annuity of the individual under chapter #hc or #hd of title #e1 ,united ,states ,code1 shall be reduced by #be percent4 7ii7 ,successful appeal ,if an individual prevails in an appeal brought under subparagraph 7,a71 the individual shall-- 7,i7 be placed1 as nearly as possible1 in the position the individual would have been in had the adverse personnel action not been taken against the individual2 and 7,,ii7 be reimbursed for-- 7aa7 attorney fees1 back pay1 and related benefits in accordance with section #eeif of title #e1 ,united ,states ,code2 and 7bb7 medical costs incurred1 travel expenses1 any other reasonable and foreseeable consequential damages1 and compensatory damages 7including interest1 reasonable expert witness fees1 and costs74 7h7 ,,eeoc appeals ,notwithstanding any other provision of law1 including section #gag of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#af71 an individual who is an employee 7or an applicant for a position as an employee7 and who alleges that the individual was subject to an adverse personnel action that is a prohibited personnel action described in section #bcjb7;b77#a7 of title #e1 ,united ,states ,code1 shall seek relief for that action from the ,equal ,employment ,opportunity ,commission as if that individual were an employee of an employer1 as that term is defined in section #gja of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e74