Election for at-will employment and lower FERS contributions for new Federal civil service hires

(a) Election (1) In general Subchapter I of chapter 33 of title 5, United States Code, is amended by adding at the end the following: 3330g. Election for at-will employment and lower FERS contributions (a) Election (1) In general Not later than the last day of the probationary period (if any) for an individual initially appointed to a covered position after the date of the enactment of this section, such individual may make an irrevocable election to be employed on an at-will basis, subject to the requirements of this section. (2) Failure to make election An individual who does not make the election under paragraph (1) shall be subject to the requirements of section 8422(a)(3)(D). (b) At-will employment Notwithstanding any other provision of law, including chapters 43 and chapter 43, 71, or 75 of this title, any individual who makes an affirmative election under subsection (a)(1) shall— (1) be considered an at-will employee; and (2) may be subject to an adverse action up to and including removal, without notice or right to appeal, by the head of the agency at which the individual is employed for good cause, bad cause, or no cause at all. (c) Application of other laws Notwithstanding any other requirement of this section, this section shall not be construed to reduce, extinguish, or otherwise effect any right or remedy available to any individual who elects to be an at-will employee under subsection (a)(1) under any of the following provisions of law: (1) The protections relating to prohibited personnel practices (as that term is defined in section 2302). (2) The Congressional Accountability Act of 1995, in the case of employees of the legislative branch who are subject to this section. (d) Covered position In this section, the term covered position — (1) means— (A) any position in the competitive service; (B) a career appointee position in the Senior Executive Service; (C) a position in the excepted service; and (2) does not include include— (A) any position— (A) position excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character; or (B) any position excluded from the coverage of section 2302 (by operation of subsection (a)(2)(B) of such section) or chapter 75.. 75; or (C) any position subject to mandatory separation under section 8335 or 8425.. (2) Clerical amendment The table of sections for such subchapter is amended by adding after the item relating to section 3330f the following: 3330g. Election for at-will employment and lower FERS contributions.. (b) Increase in FERS contributions Section 8422(a) of title 5, United States Code, is amended by adding at the end the following: (D) The applicable percentage under this paragraph for civilian service by any individual who elects not to be employed on an at-will basis under section 3330g shall be equal to the percentage required under subparagraph (C), increased by 5 percentage points.. (c) Application This section and the amendments made by this section shall apply to individuals initially appointed to positions in the civil service subject to such section and amendments appointed on or after the date of the enactment of this Act.