text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
  
      (a) Short Title.--This Act may be cited as the ``Promote 
  Accountability and Government Efficiency Act''.
      (b) Table of Contents.--The table of contents for this Act is as 
  follows:
  
  Sec. 1. Short title; table of contents.
  Sec. 2. At-will employment status for new Federal employees.
  Sec. 3. Immediate suspension of employees for misconduct or poor 
                              performance.
  Sec. 4. Limitation on appeal rights.
  Sec. 5. Restriction of pay raises.
  Sec. 6. Forfeiture of CSRS or FERS annuity for any employee convicted 
                              of a felony.
  Sec. 7. Transfer from Senior Executive Service to General Schedule.
  Sec. 8. Limitation on official time and use of Government resources in 
                              carrying out union activities.
  
  SEC. 2. AT-WILL EMPLOYMENT STATUS FOR NEW FEDERAL EMPLOYEES.
  
      (a) In General.--Notwithstanding any other provision of law, any 
  employee in the civil service (as that term is defined in section 2101 
  of title 5, United States Code) hired on or after the date that is 1 
  year after the date of enactment of this Act shall be hired on an at-
  will basis. Such an employee may be removed or suspended, without 
  notice or right to appeal, from service by the head of the agency at 
  which such employee is employed for good cause, bad cause, or no cause 
  at all.
      (b) Clarification of Employment Protections.--Notwithstanding the 
  requirements of subsection (a), this Act shall not be construed to 
  extinguish or lessen any effort to achieve equal employment opportunity 
  through affirmative action or any right or remedy available to any 
  employee or applicant for employment in the civil service who is hired 
  subject to subsection (a) under--
              (1) the title VII of the Civil Rights Act of 1964 (42 
          U.S.C. 2000e et seq.), prohibiting discrimination on the basis 
          of race, color, religion, sex, or national origin;
              (2) the Age Discrimination in Employment Act of 1967 (29 
          U.S.C. 621 et seq.), prohibiting discrimination on the basis of 
          age;
              (3) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
          seq.), prohibiting discrimination on the basis of sex;
              (4) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), 
          prohibiting discrimination on the basis of handicapping 
          condition;
              (5) the Whistleblower Protection Enhancement Act of 2012 
          (Public Law 112-199);
              (6) the provisions of any law, rule, or regulation 
          prohibiting discrimination on the basis of marital status or 
          political affiliation;
              (7) the Congressional Accountability Act of 1995, in the 
          case of employees of the legislative branch who are subject to 
          such Act;
              (8) the protections relating to prohibited personnel 
          practices (as that term is defined in section 2302 of title 5, 
          United States Code); or
              (9) any law protecting the employment rights of veterans.
      (c) Appeal.--
              (1) In general.--Any employee or applicant for employment 
          who is subject to subsection (a) and who seeks a remedy under 
          any law listed in subsection (b) with respect to an adverse 
          personnel action may, in addition to the remedies provide by 
          such law, seek an available remedy as provided under--
                      (A) title 5, United States Code, including 
                  appealing such action to the Merit Systems Protection 
                  Board or the Office of the Special Counsel;
                      (B) the Equal Employment Opportunity Commission; or
                      (C) consistent with the requirements of section 9, 
                  any applicable collective bargaining agreement.
              (2) Limitation.--An employee or applicant for employment 
          may appeal an adverse personnel action only to a single agency, 
          and may not thereafter bring any appeal pertaining to such 
          dismissal before any other agency.
      (d) Application.--This section shall apply with respect to any 
  employee hired on or after the date that is 1 year after the date of 
  enactment of this Act.
      (e) Regulations.--Not later than 180 days after the date of 
  enactment of this section, each agency or instrumentality of the 
  Federal Government to which this section applies shall develop 
  operating standards consistent with the requirements of this section, 
  including standards with respect to--
              (1) notifying any employee hired on or after date specified 
          in subsection (a) that such employee is an at-will employee;
              (2) determining which senior positions within such agency 
          or instrumentality have the authority to separate an at-will 
          employee from service; and
              (3) ensuring adequate oversight is in place to ensure that 
          any separation of an at-will employee is not a result of 
          discrimination or other violation of any law listed under 
          subsection (b).
      (f) Definitions.--In this section:
              (1) Employee.--The term ``employee'' has the meaning given 
          such term in section 2105 of title 5, United States Code, and 
          includes any officer or employee of the United States Postal 
          Service or the Postal Regulatory Commission.
              (2) Personnel action.--The term ``personnel action'' has 
          the meaning given such term in section 2302(a)(2)(A) of such 
          title.
              (3) Veteran.--The term ``veteran'' has the meaning given 
          that term under section 2108(1) of such title.
  
  SEC. 3. IMMEDIATE SUSPENSION OF EMPLOYEES FOR MISCONDUCT OR POOR 
                PERFORMANCE.
  
      (a) In General.--Chapter 75 of title 5, United States Code, is 
  amended by adding at the end the following:
  
       ``SUBCHAPTER VI--IMMEDIATE SUSPENSION FOR MISCONDUCT OR POOR 
                                PERFORMANCE
  
  ``Sec. 7551. Definitions
      ``In this subchapter--
              ``(1) the term `employee' has the meaning given such term 
          in section 7501(1) and includes any employee of the United 
          States Postal Service or the Postal Regulatory Commission, but 
          does not include any at-will employee (as determined under 
          section 2 of the Promote Accountability and Government 
          Efficiency Act); and
              ``(2) the term `suspend' means the placing of any employee, 
          for misconduct or poor performance, in a temporary status 
          without duties.
  ``Sec. 7552. Immediate suspension for misconduct or poor performance
      ``(a) Under regulations prescribed by the Office of Personnel 
  Management, the head of an agency may suspend (with or without pay) an 
  employee of such agency if the head determines that the misconduct or 
  performance of the employee warrants such suspension. The period of any 
  such suspension shall be determined by the head.
      ``(b) An employee who is suspended under subsection (a) is 
  entitled, after suspension, to--
              ``(1) a written notice, not later than 10 days after the 
          first day of such suspension, stating the specific reasons for 
          the suspension;
              ``(2) a reasonable time, but not less than 10 days, to 
          answer orally and in writing and to furnish affidavits and 
          other documentary evidence in support of the answer;
              ``(3) be represented by an attorney or other 
          representative; and
              ``(4) a review of the case by the agency head and a written 
          final decision and the specific reasons therefor at the 
          earliest practicable date.
      ``(c) An employee against whom an action is taken under this 
  section is entitled to appeal to the Merit Systems Protection Board 
  under section 7701 of this title. During such appeal, the Merit Systems 
  Protection Board may not take any action to reinstate the employee to 
  the position of employment from which such employee is suspended until 
  the date of the final decision of such appeal.
      ``(d) Copies of the notice of proposed action, the answer of the 
  employee if written, a summary thereof if made orally, the notice of 
  decision and reasons therefor, and any order affecting the suspension, 
  together with any supporting material, shall be maintained by the 
  agency and shall be furnished to the Merit Systems Protection Board 
  upon its request and to the employee affected upon the employee's 
  request.
      ``(e) In the case of critical necessity, the head of an agency may 
  immediately replace an employee suspended under subsection (a) without 
  regard to sections 3309 through 3318 of title 5, United States Code.''.
      (b) Clerical 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--immediate suspension for misconduct or poor 
                                performance
  
  ``7551. Definitions.
  ``7552. Immediate suspension for misconduct or poor performance.''.
  
  SEC. 4. LIMITATION ON APPEAL RIGHTS.
  
      Notwithstanding any other provision of law, an employee (as that 
  term is defined in section 2(g)(1)) or applicant for employment may not 
  appeal an adverse personnel action to more than 1 agency.
  
  SEC. 5. RESTRICTION OF PAY RAISES.
  
      (a) In General.--Notwithstanding any other provision of law, an 
  employee may not receive an increase in annual rate of pay if such 
  employee did not receive at least a score of 4 or 5 out of 5 (or an 
  equivalent rating with respect to a performance appraisal system that 
  does provide for such a scoring system) on such employee's latest 
  performance review under the performance appraisal system applicable to 
  such employee.
      (b) Report.--Not later than 1 year after the date of enactment of 
  this Act, the Director of the Office of Personnel Management shall 
  submit to Congress a report that contains recommendations for a single-
  agency rating system.
      (c) Collective Bargaining Agreements.--
              (1) Application.--The requirements of this section shall 
          apply to any collective bargaining agreement entered into by 
          the head of an agency on or after the date of enactment of this 
          Act.
              (2) Grievance.--In the case of an employee covered by a 
          collective bargaining agreement referred to in paragraph (1), a 
          grievance filed on behalf of such employee that results in an 
          increased performance rating for such employee may not result 
          in an increase in annual rate of pay for such employee.
      (d) Definition.--In this section, the term ``employee'' has the 
  meaning given such term in section 2105 of title 5, United States Code, 
  and includes any officer or employee of the United States Postal 
  Service or the Postal Regulatory Commission.
  
  SEC. 6. FORFEITURE OF CSRS OR FERS ANNUITY FOR ANY EMPLOYEE CONVICTED 
                OF A FELONY.
  
      (a) In General.--Subchapter II of chapter 83 of title 5, United 
  States Code, is amended by adding at the end the following:
  ``Sec. 8323. Forfeiture of annuity for felony conviction.
      ``(a)(1) An individual appointed to the service who is not subject 
  to the requirements of section 2 of the Promote Accountability and 
  Government Efficiency Act may not be paid an annuity or retired pay on 
  the basis of the service of the individual which is creditable toward 
  the annuity if the individual was finally convicted of a felony 
  offense.
      ``(2) For purposes of paragraph (1), the term `felony offense' 
  means any felony offense committed by the individual that is related to 
  the performance of any position within the service occupied by such 
  individual.
      ``(b) An individual who is an at-will employee (as determined under 
  section 2 of the Promote Accountability and Government Efficiency Act) 
  may not be paid an annuity on the basis of the service of the 
  individual which is creditable toward the annuity if the individual was 
  finally convicted of a felony offense--
              ``(1) when such individual was performing creditable 
          service (as that term is defined in section 8332 or 8411); or
              ``(2) after such individual has separated from the service, 
          but only if such offense is related to the performance of any 
          position within the Government formerly occupied by such 
          individual.
      ``(c) In this section, the term `finally convicted' has the meaning 
  given such term in section 8332(o)(A)(6).''.
      (b) Clerical Amendment.--The table of sections of subchapter II of 
  chapter 83 of title 5, United States Code, is amended by adding after 
  the item relating to section 8322 the following new item:
  
  ``8323. Forfeiture of annuity for felony conviction.''.
  
  SEC. 7. TRANSFER FROM SENIOR EXECUTIVE SERVICE TO GENERAL SCHEDULE.
  
      (a) In General.--Subchapter VIII of chapter 33 of title 5, United 
  States Code, is amended--
              (1) by redesignating section 3397 as section 3398; and
              (2) by inserting after section 3396 the following:
  ``Sec. 3397. Transfer to General Schedule positions
      ``(a) Notwithstanding any other provision of law, the head of any 
  agency may transfer a covered individual to a position within the 
  General Schedule (subchapter III of chapter 53).
      ``(b) Notwithstanding any other provision of law, including the 
  requirements of section 3594, any covered individual transferred to a 
  General Schedule position under subsection (a) shall, beginning on the 
  date of such transfer, receive the annual rate of pay applicable to 
  such position.
      ``(c) In this section, the term `covered individual' means an 
  individual occupying a Senior Executive Service position who is not an 
  at-will employee (as determined under section 2 of the Promote 
  Accountability and Government Efficiency Act).''.
      (b) Clerical Amendment.--The table of sections of subchapter VIII 
  of chapter 33 of title 5, United States Code, is amended by striking 
  the item relating to section 3397 and inserting the following new 
  items:
  
  ``3397. Transfer to General Schedule positions.
  ``3398. Regulations.''.
  
  SEC. 8. LIMITATION ON OFFICIAL TIME AND USE OF GOVERNMENT RESOURCES IN 
                CARRYING OUT UNION ACTIVITIES.
  
      (a) In General.--Section 7131 of title 5, United States Code, is 
  amended to read as follows:
  ``Sec. 7131. Limitation on official time
      ``In carrying out any activities relating to the internal business 
  of a labor organization (including the solicitation of membership, 
  elections of labor organization officials, and collection of dues), an 
  employee may not--
              ``(1) perform such activities unless such employee is in a 
          non-duty status; or
              ``(2) use any Government property (including office space 
          or computers).''.
      (b) Clerical Amendment.--The table of sections for chapter 71 of 
  title 5, United States Code, is amended by striking the item relating 
  to section 7131 and inserting the following new item:
  
  ``7131. Limitation on official time.''.
target: Promote Accountability and Government Efficiency Act This bill requires civil service employees to be hired on an at-will basis beginning one year after this bill's enactment. Such an employee may be removed or suspended from service by the agency head for good cause, bad cause, or no cause at all, without notice or right to appeal.  The bill specifies how an employee or applicant may seek a remedy under specified employment protection statutes with respect to an adverse personnel action.  The bill permits an agency to suspend an employee for misconduct or poor performance. The employee may appeal to the Merit Systems Protection Board, which may not reinstate the employee until a final decision is made on such appeal. In the case of critical necessity, an agency may immediately replace a suspended employee. An employee or applicant may not appeal an adverse personnel action to more than one agency. The bill prohibits an employee who does not receive a score of four or five out of five (or an equivalent rating) on his or her latest performance review from receiving a pay raise. A grievance filed on behalf of such employee covered by a collective bargaining agreement that results in an increased performance rating for such employee may not result in a pay raise. The OPM shall submit a report that contains recommendations for a single-agency rating system.  An individual appointed to the civil service who is not subject to this bill's requirements regarding at-will employment may not be paid an annuity or retired pay on the basis of such service if the individual was finally convicted of a felony offense: (1) when such individual was performing creditable service, or (2) after such individual has separated from service if such offense is related to the performance of his or her government position. An agency may transfer an individual occupying a Senior Executive Service position who is not an at-will employee to a position within the General Schedule. The bill: (1) eliminates provisions authorizing official time for an employee serving as an exclusive representative in the negotiation of a collective bargaining agreement, and (2) prohibits an employee from using government property in carrying out any activities relating to the internal business of a labor organization.
feat_title: Promote Accountability and Government Efficiency Act