I 

118TH CONGRESS 

2D SESSION H. R. 10397 

To amend title 5, United States Code, to provide for an alternative removal 

for performance or misconduct for Federal employees. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 12, 2024 

Mr. LOUDERMILK (for himself, Mr. CRAWFORD, Mr. HILL, Mr. COLLINS, Mr. 

VAN DREW, Mr. MEUSER, Mrs. LUNA, Mr. STEUBE, Mr. CARTER of 

Georgia, Mr. BAIRD, and Mr. ALLEN) introduced the following bill; which 

was referred to the Committee on Oversight and Accountability 

A BILL 

To amend title 5, United States Code, to provide for an 

alternative removal for performance or misconduct for 

Federal employees. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Modern Employment Reform, Improvement, and Trans6 formation Act of 2024’’ or the ‘‘MERIT Act of 2024’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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Sec. 2. Termination of authority for chapter 43 performance-based actions. 

Sec. 3. Adverse actions based on performance or conduct. 

Sec. 4. Prohibition on grieving adverse actions and reductions in force. 

Sec. 5. Actions against senior executives for performance or conduct. 

Sec. 6. Actions against supervisors for performance or conduct. 

Sec. 7. Modification of procedures for furlough. 

Sec. 8. Reduction of annuity of employee convicted of a felony for which an adverse action is or would have been taken. 

Sec. 9. Authority to recoup bonuses or awards paid to employees. 

Sec. 10. Extension of probationary period for positions within the Senior Executive Service. 

Sec. 11. Extension of probationary period for employees in the competitive service. 

Sec. 12. Application. 

1 SEC. 2. TERMINATION OF AUTHORITY FOR CHAPTER 43 

2 PERFORMANCE-BASED ACTIONS. 

3 (a) REPEAL.—Section 4303 of title 5, United States 

4 Code, is repealed. 

5 (b) APPLICATION.—Subsection (a) shall not apply to 

6 any performance-based action under section 4303 of title 

7 5, United States Code, commenced before the effective 

8 date provided in section 12. 

9 (c) CONFORMING AMENDMENTS.— 

10 (1) TITLE 5.—Title 5, United States Code, is 

11 amended— 

12 (A) in section 2302(e)(1)(A), by striking 

13 ‘‘3504, and 4303(e)’’ and inserting ‘‘and 

14 3504’’; 

15 (B) in section 4302(c)(6), by striking ‘‘but 

16 only after an opportunity to demonstrate ac17 ceptable performance’’; 

18 (C) in section 7512, by striking subpara19 graph (D) and redesignating subparagraphs (E) 


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1 and (F) as subparagraphs (D) and (E), respec2 tively; 

3 (D) in section 7701(c)(1), by striking ‘‘de4 cision’’ and all that follows through ‘‘preponder5 ance of the evidence’’ and inserting ‘‘decision is 

6 supported by a preponderance of the evidence’’; 

7 (E) in section 9508(d), by striking ‘‘(1) In 

8 applying’’ and all that follows through ‘‘(2)’’; 

9 and 

10 (F) in section 9902(a)(2), by striking ‘‘sec11 tions 4302 and 4303(e)’’ and inserting ‘‘section 

12 4302’’. 

13 (2) TITLE 31.—Section 732(d)(3) of title 31, 

14 United States Code, is amended by striking ‘‘con15 sistent with section 4303 of title 5’’. 

16 (d) CLERICAL AMENDMENT.—The table of sections 

17 for chapter 43 of title 5, United States Code, is amended 

18 by striking the item relating to section 4303. 

19 SEC. 3. ADVERSE ACTIONS BASED ON PERFORMANCE OR 

20 CONDUCT. 

21 (a) IN GENERAL.—Section 7513 of title 5, United 

22 States Code, is amended to read as follows: 

23 ‘‘§ 7513. Cause and procedure 

24 ‘‘(a) IN GENERAL.— 


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1 ‘‘(1) Under regulations prescribed by the Office 

2 of Personnel Management, an agency may take an 

3 action described in paragraphs (1) through (4) of 

4 section 7512 against an employee if the agency de5 termines by a preponderance of the evidence the per6 formance or misconduct of the employee warrants 

7 such action. 

8 ‘‘(2)(A) When making an initial decision on an 

9 action described in paragraphs (1) through (4) of 

10 section 7512, the deciding employee of the agency 

11 shall exclusively apply the following factors— 

12 ‘‘(i) the nature and seriousness of the of13 fense, and its relation to the employee’s duties, 

14 position, and responsibilities, including whether 

15 the offense was intentional or technical or inad16 vertent, or was committed maliciously or for 

17 gain, or was frequently repeated; 

18 ‘‘(ii) the employee’s job level and type of 

19 employment, including supervisory or fiduciary 

20 role, and prominence of the position; 

21 ‘‘(iii) the employee’s past disciplinary 

22 records; 

23 ‘‘(iv) the employee’s past work record, in24 cluding length of service, performance on the 


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1 job, ability to get along with fellow workers, 

2 and dependability; and 

3 ‘‘(v) mitigating circumstances surrounding 

4 the offense such as unusual job tensions person5 ality problems, mental impairment, harassment, 

6 or bad faith, malice or provocation on the part 

7 of others involved in the matter. 

8 ‘‘(B) The agency shall review the initial decision 

9 and uphold such decision if it is supported by sub10 stantial evidence. 

11 ‘‘(b) PAY OF CERTAIN EMPLOYEES SUBJECT TO A

12 REDUCTION IN GRADE.— 

13 ‘‘(1) Notwithstanding any other provision of 

14 law, an employee subject to a reduction in grade 

15 shall, beginning on the date of such reduction, re16 ceive the annual rate of pay applicable to such 

17 grade. 

18 ‘‘(2) An employee subject to a reduction in 

19 grade may not be placed on administrative leave 

20 during the period during which an appeal (if any) 

21 under this section is ongoing, and may only receive 

22 pay if the employee reports for duty or is approved 

23 to use accrued unused annual, sick, family medical, 

24 military, or court leave. 


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1 ‘‘(3) If an employee subject to a reduction in 

2 grade does not report for duty or receive approval to 

3 use accrued unused leave, such employee shall not 

4 receive pay or other benefits. 

5 ‘‘(c) PROCEDURE.— 

6 ‘‘(1)(A) The aggregate period for written no7 tice, response, and final decision of actions described 

8 in paragraphs (1) through (4) of section 7512 may 

9 not exceed 15 business days unless there are reason10 able causes to believe the employee has committed a 

11 crime for which a sentence of imprisonment may be 

12 imposed. 

13 ‘‘(B) (B) The period for which an employee 

14 may respond to a notice of actions described in para15 graphs (1) through (4) of section 7512 in writing 

16 and to furnish affidavits and other documentary evi17 dence in support of the response shall be 7 business 

18 days. 

19 ‘‘(2) The agency shall issue a final decision with 

20 respect to actions described in paragraphs (1) 

21 through (4) of section 7512 not later than 15 busi22 ness days after the agency provides notice, including 

23 a file containing all the evidence in support of the 

24 proposed action, to the employee. The decision shall 


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1 be in writing and shall include the specific reasons 

2 therefor. 

3 ‘‘(d) PIP.—The agency may carry out such actions 

4 described in paragraphs (1) through (4) of section 7512 

5 without first placing an employee on a performance im6 provement plan. 

7 ‘‘(e) EMPLOYEE RIGHTS.—An employee against 

8 whom actions described in paragraphs (1) through (4) of 

9 section 7512 is proposed is entitled to— 

10 ‘‘(1) a written notice stating the specific rea11 sons for the proposed action; 

12 ‘‘(2) be represented by an attorney or other 

13 representative; and 

14 ‘‘(3) a written decision and the specific reasons 

15 therefor at the earliest practicable date. 

16 ‘‘(f) HEARING.—An agency may provide, by regula17 tion, for a hearing which may be in lieu of or in addition 

18 to the opportunity to answer provided under subsection 

19 (c)(1)(b) of this section. 

20 ‘‘(g) APPEAL.—An employee against whom an action 

21 described in paragraphs (1) through (4) of section 7512 

22 is taken is entitled to appeal to the Merit Systems Protec23 tion Board under section 7701 of this title not later than 

24 10 business days after the effective date of the action. 


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1 ‘‘(h) PROCEDURE.—Copies of the notice of proposed 

2 action, the answer of the employee when written, a sum3 mary thereof when made orally, the notice of decision and 

4 reasons therefor, and any order effecting an action de5 scribed in paragraphs (1) through (4) of section 7512, to6 gether with any supporting material, shall be maintained 

7 by the agency and shall be furnished to the Board upon 

8 its request. Upon the affected employee’s request, copies 

9 of the documents described in the preceding sentence shall 

10 be furnished to the employee, to the extent those docu11 ments were not provided under subsection (c).’’. 

12 (b) DISCIPLINE OF SUPERVISORS BASED ON RETAL13 IATION AGAINST WHISTLEBLOWERS.—Section 

14 7515(b)(2)(B) of title 5, United States Code, is amend15 ed— 

16 (1) in clause (i), by striking ‘‘not later than 14 

17 days’’ and inserting ‘‘not more than 7 business 

18 days’’; and 

19 (2) in clause (ii), by striking ‘‘14-day period’’ 

20 and inserting ‘‘7-business-day period’’. 

21 (c) APPLICATION.—The amendments made by sub22 sections (a) and (b) shall not apply to any action under 

23 section 7513 or 7515 of title 5, United States Code, as 

24 amended by those subsections, respectively, commenced 

25 before the effective date provided in section 12. 


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1 SEC. 4. PROHIBITION ON GRIEVING ADVERSE ACTIONS 

2 AND REDUCTIONS IN FORCE. 

3 Section 7121 of title 5, United States Code, is 

4 amended— 

5 (1) in subsection (a)(1), by striking ‘‘the settle6 ment of’’; 

7 (2) in subsection (c)— 

8 (A) by redesignating paragraphs (1) 

9 through (5) as paragraphs (5) through (9), re10 spectively; and 

11 (B) by inserting before paragraph (5), as 

12 so redesignated, the following: 

13 ‘‘(1) an adverse action under subchapter II of 

14 chapter 75; 

15 ‘‘(2) a furlough of more than 30 days by a re16 duction in force action under subchapter I of chap17 ter 35; 

18 ‘‘(3) a separation by a reduction in force action 

19 under subchapter I of chapter 35; 

20 ‘‘(4) a demotion by a reduction in force action 

21 under subchapter I of chapter 35;’’; 

22 (3) in subsection (e)— 

23 (A) in paragraph (1)— 

24 (i) by striking ‘‘(1) Matters’’ and all 

25 that follows through ‘‘but not both.’’; and 


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1 (ii) in the second sentence, by striking 

2 ‘‘Similar matters’’ and inserting ‘‘Matters 

3 similar to those covered under subchapter 

4 II of chapter 75’’; and 

5 (B) by striking paragraph (2); and 

6 (4) in subsection (f)— 

7 (A) by striking the first sentence; and 

8 (B) in the second sentence, by striking ‘‘In 

9 matters similar to those covered under sections 

10 4303 and 7512 of this title’’ and inserting ‘‘In 

11 matters similar to those covered under sub12 chapter II of chapter 75’’. 

13 SEC. 5. ACTIONS AGAINST SENIOR EXECUTIVES FOR PER14 FORMANCE OR CONDUCT. 

15 (a) REPEAL OF PAY RETENTION FOR CAREER AP16 POINTEES REMOVED FROM THE SENIOR EXECUTIVE

17 SERVICE.—Section 3594(c)(1)(B) of title 5, United States 

18 Code, is amended to read as follows: 

19 ‘‘(B)(i) any career appointee placed under sub20 section (a) or (b)(2) of this section shall be entitled 

21 to receive basic pay at the highest of— 

22 ‘‘(I) the rate of basic pay in effect for the 

23 position in which placed; 

24 ‘‘(II) the rate of basic pay in effect at the 

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1 reer appointee held in the civil service imme2 diately before being appointed to the Senior Ex3 ecutive Service; or 

4 ‘‘(III) the rate of basic pay in effect for 

5 the career appointee immediately before being 

6 placed under subsection (a) or (b) of this sec7 tion; and 

8 ‘‘(ii) any career appointee placed under sub9 section (b)(1) of this section shall be entitled to re10 ceive basic pay at the rate of basic pay in effect for 

11 the position in which placed; and’’. 

12 (b) APPRAISAL SYSTEM REQUIREMENTS.—Section 

13 4314(b) of title 5, United States Code, is amended— 

14 (1) in paragraph (3), by inserting before the 

15 semicolon the following: ‘‘or, as warranted, from the 

16 civil service’’; and 

17 (2) in paragraph (4), by inserting before the pe18 riod at the end the following: ‘‘or, as warranted, 

19 from the civil service’’. 

20 (c) SUSPENSION FOR 14 DAYS OR LESS.—Paragraph 

21 (1) of section 7501 of title 5, United States Code, is 

22 amended to read as follows: 

23 ‘‘(1) ‘employee’ means— 

24 ‘‘(A) an individual in the competitive serv25 ice who is not serving a probationary period or 


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1 trial period under an initial appointment or who 

2 has completed 1 year of current continuous em3 ployment in the same or similar positions under 

4 other than a temporary appointment limited to 

5 1 year or less; or 

6 ‘‘(B) a career appointee in the Senior Ex7 ecutive Service who— 

8 ‘‘(i) has completed the probationary 

9 period prescribed under section 3393(d); or 

10 ‘‘(ii) was covered by the provisions of 

11 subchapter II of this chapter immediately 

12 before appointment to the Senior Executive 

13 Service; and’’. 

14 (d) MODIFICATION OF CAUSE AND PROCEDURE FOR

15 SUSPENSION AND TERMINATION.—Section 7543 of title 

16 5, United States Code, is amended to read as follows: 

17 ‘‘§ 7543. Cause and procedure 

18 ‘‘(a) Under regulations prescribed by the Office of 

19 Personnel Management, an agency may take an action 

20 covered by this subchapter against an employee if the 

21 agency determines by a preponderance of the evidence the 

22 performance or misconduct of the employee warrants such 

23 action. 


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1 ‘‘(b) When making an initial decision on an action 

2 covered by this subchapter, the deciding employee of the 

3 agency shall exclusively apply the following factors— 

4 ‘‘(1) the nature and seriousness of the offense, 

5 and its relation to the employee’s duties, position, 

6 and responsibilities, including whether the offense 

7 was intentional or technical or inadvertent, or was 

8 committed maliciously or for gain, or was frequently 

9 repeated; and 

10 ‘‘(2) the employee’s job level and type of em11 ployment, including supervisory or fiduciary role, 

12 and prominence of the position. 

13 ‘‘(c) The agency shall review the initial decision and 

14 uphold such decision if it is supported by substantial evi15 dence. 

16 ‘‘(d)(1)(A) The aggregate period for written notice, 

17 response, and final decision of actions covered by this sub18 chapter may not exceed 15 business days unless there are 

19 reasonable causes to believe the employee has committed 

20 a crime for which a sentence of imprisonment may be im21 posed. 

22 ‘‘(B) The period for which an employee may respond 

23 to a notice of actions covered by this subchapter in writing 

24 and to furnish affidavits and other documentary evidence 

25 in support of the response shall be 7 business days. (2) 


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1 The agency shall issue a final decision with respect to a 

2 covered actions not later than 15 business days after the 

3 agency provides notice, including a file containing all the 

4 evidence in support of the proposed action, to the em5 ployee. The decision shall be in writing and shall include 

6 the specific reasons therefor. 

7 ‘‘(e) An employee against whom an action covered by 

8 this subchapter is proposed is entitled to— 

9 ‘‘(1) a written notice stating the specific rea10 sons for the proposed action; 

11 ‘‘(2) be represented by an attorney or other 

12 representative; and 

13 ‘‘(3) a written decision and the specific reasons 

14 therefor at the earliest practicable date. 

15 ‘‘(f) An agency may provide, by regulation, for a 

16 hearing which may be in lieu of or in addition to the op17 portunity to answer provided under subsection (d)(1)(B) 

18 of this section. 

19 ‘‘(g) An employee against whom an action is taken 

20 under this section is entitled to appeal to the Merit Sys21 tems Protection Board under section 7701 of this title not 

22 later than 10 business days after the effective date of the 

23 action. 

24 ‘‘(h) Copies of the notice of proposed action, the an25 swer of the employee when written, a summary thereof 


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1 when made orally, the notice of decision and reasons there2 for, and any order effecting an action covered by this sub3 chapter, together with any supporting material, shall be 

4 maintained by the agency and shall be furnished to the 

5 Board upon its request. Upon the affected employee’s re6 quest, copies of the documents described in the preceding 

7 sentence shall be furnished to the employee, to the extent 

8 those documents were not provided under subsection (c). 

9 ‘‘(i) In this section, the term ‘misconduct’ includes 

10 neglect of duty, malfeasance, or failure to accept a di11 rected reassignment or to accompany a position in a trans12 fer of function.’’. 

13 (e) RELATION TO OTHER PROVISIONS OF LAW.— 

14 Section 3592(b)(1) of title 5, United States Code, deso 

15 not apply to an action under section 7543(a), as amended 

16 in subsection (d). 

17 (f) CONFORMING AMENDMENTS.—Title 5, United 

18 States Code, is amended— 

19 (1) in section 3592(b)(2)(B), by striking ‘‘any 

20 disciplinary action’’ and inserting ‘‘any action under 

21 section 7543’’; 

22 (2) in section 3593(a)(2), by striking ‘‘mis23 conduct, neglect of duty, malfeasance,’’ and insert24 ing ‘‘a removal under section 7543’’; 


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1 (3) in section 3594, by adding at the end the 

2 following: 

3 ‘‘(d) This section shall not apply to any career ap4 pointee who is subject to a personnel action under sub5 chapter V of chapter 75.’’; and 

6 (4) in section 7542, by striking ‘‘or to a re7 moval under section 3592 or 3595’’ and inserting 

8 the following: ‘‘to a removal from the Senior Execu9 tive Service under section 3592 of this title, to a re10 duction in force as defined in section 3595(d) of this 

11 title, or to a transfer of function as described in sec12 tion 3595(e)’’. 

13 (g) APPLICATION.—The amendments made by this 

14 section shall not apply to any personnel action under sub15 chapter V of chapter 75 of title 5, United States Code, 

16 commenced before the effective date of this Act. 

17 SEC. 6. ACTIONS AGAINST SUPERVISORS FOR PERFORM18 ANCE OR CONDUCT. 

19 Subchapter II of title 5, United States Code, is 

20 amended— 

21 (1) by redesignating sections 7514 and 7515 as 

22 sections 7516 and 7517, respectively; and 

23 (2) by inserting after section 7513 the fol24 lowing: 


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1 ‘‘§ 7514. Supervisors 

2 ‘‘(a) IN GENERAL.— 

3 ‘‘(1) The agency may take an action covered by 

4 this subchapter against a supervisor, as defined in 

5 section 7103(a)(10), if the agency determines by a 

6 preponderance of the evidence that the performance 

7 or misconduct of the supervisor warrants such ac8 tion. 

9 ‘‘(2) When making an initial decision on an ac10 tion covered by this subchapter, the deciding em11 ployee of the agency shall exclusively apply the fol12 lowing factors: 

13 ‘‘(A) The nature and seriousness of the of14 fense, and its relation to the supervisor’s duties, 

15 position, and responsibilities, including whether 

16 the offense was intentional or technical or inad17 vertent, or was committed maliciously or for 

18 gain, or was frequently repeated. 

19 ‘‘(B) The supervisor’s job level and type of 

20 employment, including supervisory or fiduciary 

21 role, and prominence of the position. 

22 ‘‘(3) The agency shall review the initial decision 

23 and uphold such decision if it is supported by sub24 stantial evidence. 

25 ‘‘(4) A supervisor against whom an action cov26 ered by this subchapter is proposed is entitled to— 


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1 ‘‘(A) a written notice stating the specific 

2 reasons for the proposed action; 

3 ‘‘(B) be represented by an attorney or 

4 other representative; and 

5 ‘‘(C) a written decision and the specific 

6 reasons therefor at the earliest practicable date. 

7 ‘‘(5) The agency may carry out such action cov8 ered by this subchapter without first placing a su9 pervisor on a performance improvement plan. 

10 ‘‘(6) The procedures under chapter 43 shall not 

11 apply to an action covered by this subchapter. 

12 ‘‘(b) PROCEDURE.—(1)(A) The aggregate period for 

13 written notice, response, and final decision of actions cov14 ered by this subchapter may not exceed 15 business days 

15 unless there are reasonable causes to believe the employee 

16 has committed a crime for which a sentence of imprison17 ment may be imposed. 

18 ‘‘(B) The period for which an employee may respond 

19 to a notice of actions covered by this subchapter in writing 

20 and to furnish affidavits and other documentary evidence 

21 in support of the response shall be 7 business days. 

22 ‘‘(2) The agency shall issue a final decision with re23 spect to a covered action not later than 15 business days 

24 after the agency provides notice, including a file con25 taining all the evidence in support of the proposed action, 


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1 to the employee. The decision shall be in writing and shall 

2 include the specific reasons therefor. 

3 ‘‘(c) REDUCTION IN GRADE.— 

4 ‘‘(1) A reduction in grade under subsection (a) 

5 shall be carried out as a reduction in grade for 

6 which the covered individual is qualified, that the 

7 agency determines is appropriate, and that reduces 

8 the annual rate of pay of the supervisor. 

9 ‘‘(2) Notwithstanding any other provision of 

10 law, any supervisor subject to a reduction in grade— 

11 ‘‘(A) shall, beginning on the date of such 

12 demotion, receive the annual rate of pay appli13 cable to such grade; 

14 ‘‘(B) may not be placed on administrative 

15 leave during the period during which an appeal 

16 (if any) under this section is ongoing, and may 

17 only receive pay if the supervisor reports for 

18 duty or is approved to use accrued unused an19 nual, sick, family medical, military, or court 

20 leave; and 

21 ‘‘(C) who does not report for duty or re22 ceive approval to use accrued unused leave shall 

23 not receive pay or other benefits. 


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1 ‘‘(d) DEFINITION.—In this section, the term ‘super2 visor’ has the meaning given that term under section 

3 7103(a).’’. 

4 SEC. 7. MODIFICATION OF PROCEDURES FOR FURLOUGH. 

5 (a) FURLOUGH OF 14 DAYS OR LESS; EMERGENCY

6 FURLOUGH.—Subchapter I of chapter 75 of title 5, 

7 United States Code, is amended— 

8 (1) in section 7501, as amended by section 

9 5(c),— 

10 (A) in paragraph (1) by striking ‘‘and’’ at 

11 the end; 

12 (B) by redesignating paragraph (2) as 

13 paragraph (4); and 

14 (C) by inserting the following after para15 graph (1) the following: 

16 ‘‘(2) ‘furlough’ has the meaning given that term 

17 in section 7511(a)(5); 

18 ‘‘(3) ‘emergency furlough’ means a furlough 

19 due to a lapse in appropriations;’’; 

20 (2) in section 7502, by striking ‘‘This sub21 chapter’’ and all that follows through ‘‘this title.’’ 

22 and inserting the following: ‘‘This subchapter applies 

23 to— 


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1 ‘‘(1) a suspension for 14 days or less, but not 

2 a suspension under section 7521 or 7532 or any ac3 tion initiated under section 1215; 

4 ‘‘(2) a furlough for 14 days or less; and 

5 ‘‘(3) an emergency furlough of any duration.’’; 

6 (3) by redesignating section 7504 as section 

7 7505; and 

8 (4) by inserting after section 7503, the fol9 lowing: 

10 ‘‘§ 7504. Furlough and emergency furlough cause and 

11 procedure 

12 ‘‘(a) GENERAL FURLOUGH.— 

13 ‘‘(1) IN GENERAL.—An employee may be sub14 ject to a furlough for such cause as will promote the 

15 efficiency of the service. Any employee furloughed 

16 under this section is entitled to the procedures es17 tablished under the regulations promulgated under 

18 paragraph (2). 

19 ‘‘(2) PROCEDURES.—Not later than 180 days 

20 after the date of enactment of this section, the Of21 fice of Personnel Management shall promulgate reg22 ulations providing for— 

23 ‘‘(A) the circumstances under which an 

24 employee may be furloughed under this section; 


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1 ‘‘(B) the procedures to be afforded fur2 loughed employees, including, to the extent ap3 propriate and practicable under the cir4 cumstances of the furlough action— 

5 ‘‘(i) a written notice stating the spe6 cific reasons for the proposed action; 

7 ‘‘(ii) be represented by an attorney or 

8 other representative; and 

9 ‘‘(iii) a written decision and the spe10 cific reasons therefor at the earliest prac11 ticable date; and 

12 ‘‘(C) the materials that shall be furnished 

13 to a furloughed employee and the Merit Sys14 tems Protection Board upon request of the em15 ployee or the Board. 

16 ‘‘(b) EMERGENCY FURLOUGH.— 

17 ‘‘(1) IN GENERAL.—An employee may be sub18 ject to an emergency furlough. 

19 ‘‘(2) PROCEDURES.— 

20 ‘‘(A) NOTICE.—Under regulations pre21 scribed by the Office of Personnel Management, 

22 any employee subject to an emergency furlough 

23 shall be afforded notice explaining the reasons 

24 for the emergency furlough. If the notice cannot 

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1 lough, notice shall be provided as soon as rea2 sonably practicable. 

3 ‘‘(B) OTHER PROCEDURES.—No other pro4 cedures, including those provided under sub5 section (a) or any other provision of this title, 

6 shall be available to any employee subject to an 

7 emergency furlough under this subsection. 

8 ‘‘(3) DEFINITION.—For the purposes of this 

9 section, the term ‘employee’ means any employee de10 scribed under section 7501(1).’’. 

11 (b) FURLOUGH OF MORE THAN 14 DAYS.—Sub12 chapter II of chapter 75 of title 5, United States Code, 

13 is amended— 

14 (1) in section 7511(a)(5) by inserting before 

15 the period the following: ‘‘, but does not include an 

16 emergency furlough as defined in section 7501 of 

17 title 5’’. 

18 (2) in section 7512, as amended by section 

19 2(c)— 

20 (A) in paragraph (5) by striking ‘‘a fur21 lough of 30 days or less’’ and inserting ‘‘a fur22 lough of more than 14 days but less than 31 

23 days’’; 

24 (B) in subparagraph (D), as redesignated 

25 by section 2(c), by striking ‘‘or’’ at the end; 


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1 (C) in subparagraph (E), as redesignated 

2 by section 2(c), by striking the period at the 

3 end and inserting ‘‘; or’’; and 

4 (D) by adding at the end the following: 

5 ‘‘(F) an emergency furlough action under 

6 section 7504.’’; 

7 (3) by inserting after section 7514, as added by 

8 section 6, the following: 

9 ‘‘§ 7515. Furlough cause and procedure 

10 ‘‘(a) IN GENERAL.—An employee may be subject to 

11 a furlough for such cause as will promote the efficiency 

12 of the service. Any employee furloughed under this section 

13 is entitled to the procedures established under the regula14 tions promulgated under subsection (b). 

15 ‘‘(b) PROCEDURES.—Not later than 180 days after 

16 the date of enactment of this section, the Office of Per17 sonnel Management shall promulgate regulations pro18 viding for— 

19 ‘‘(1) the circumstances under which an em20 ployee may be furloughed under this section; 

21 ‘‘(2) the procedures provided under section 

22 7513 to the extent appropriate and practicable 

23 under the circumstances of the furlough action; and 

24 ‘‘(3) the materials that shall be furnished to a 

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1 tion Board upon request of the employee or the 

2 Board. 

3 ‘‘(c) APPEAL.— An employee against whom a fur4 lough action is taken under this section is entitled to ap5 peal to the Merit Systems Protection Board under section 

6 7701 not later than 10 business days after the effective 

7 date of the action.’’. 

8 (c) ADMINISTRATIVE LAW JUDGES.—Section 

9 7521(b) of title 5, United States Code, is amended— 

10 (1) in subparagraph (B) by striking ‘‘or’’ at the 

11 end; 

12 (2) in subparagraph (C) by striking the period 

13 at the end and inserting ‘‘or’’; and 

14 (3) by adding at the end the following: 

15 ‘‘(D) an emergency furlough action under 

16 section 7504.’’. 

17 (d) TECHNICAL AMENDMENTS.— 

18 (1) SECTION 7503.—The heading of section 

19 7503 of title 5, United States Code, is amended by 

20 striking ‘‘Cause and procedure’’ and inserting 

21 ‘‘Suspension cause and procedure’’,. 

22 (2) SECTION 7513.—Section 7513 of title 5, 

23 United States Code, is amended by striking 

24 ‘‘Cause and procedure’’ and inserting ‘‘Cause 


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1 and procedure for actions other than fur2 lough’’. 

3 (e) CLERICAL AMENDMENTS.— 

4 (1) SUBCHAPTER I OF CHAPTER 75 OF TITLE

5 5.—The table of sections for subchapter I of chapter 

6 75 of title 5, United States Code, is amended by 

7 striking the items relating to sections 7503 and 

8 7504 and inserting the following: 

‘‘7503. Suspension cause and procedure. 

‘‘7504. Furlough and emergency furlough cause and procedure. 

‘‘7505. Regulations.’’. 

9 (2) SUBCHAPTER II OF CHAPTER 75 OF TITLE

10 5.—The table of sections for subchapter II of chap11 ter 75 of title 5, United States Code, is amended by 

12 striking the items relating to sections 7513 through 

13 7515 and inserting the following: 

‘‘7513. Cause and procedure for actions other than furlough. 

‘‘7514. Supervisors. 

‘‘7515. Furlough cause and procedure. 

‘‘7516. Regulations. 

‘‘7517. Discipline of supervisors based on retaliation against whistleblowers.’’. 

14 (f) APPLICATION.—Notwithstanding section 12, the 

15 amendments made by this section shall take effect on the 

16 earlier of— 

17 (1) the date that is 180 days after the date of 

18 enactment of this Act; or 

19 (2) the date on which the Office of Personnel 

20 Management promulgates regulations provided 


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1 under sections 7504 and 7515 of title 5, United 

2 States Code, as added by this section. 

3 SEC. 8. REDUCTION OF ANNUITY OF EMPLOYEE CON4 VICTED OF A FELONY FOR WHICH AN AD5 VERSE ACTION IS OR WOULD HAVE BEEN 

6 TAKEN. 

7 (a) REDUCTION OF ANNUITY OF EMPLOYEE CON8 VICTED OF A FELONY FOR WHICH AN ADVERSE ACTION

9 IS TAKEN.— 

10 (1) IN GENERAL.—Subchapter II of chapter 83 

11 of title 5, United States Code, is amended by adding 

12 at the end the following: 

13 ‘‘§ 8323. Reduction of benefits of employees convicted 

14 of certain crimes 

15 ‘‘(a) REDUCTION OF ANNUITY.— 

16 ‘‘(1) IN GENERAL.—The felonious service of a 

17 covered individual shall not be taken into account 

18 for purposes of calculating an annuity with respect 

19 to the individual under subchapter III of this chap20 ter or chapter 84 if— 

21 ‘‘(A) the covered individual is finally con22 victed of a felony; and 

23 ‘‘(B) the head of the agency at which the 

24 individual was employed determines that the 


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1 conviction was based on the acts or omissions 

2 of the covered individual that— 

3 ‘‘(i) were taken or not taken in the 

4 performance of the covered individual’s of5 ficial duties at the agency; and 

6 ‘‘(ii) are sufficient to support a re7 moval action under section 7513, 7543, or 

8 any other provision of law against the cov9 ered individual. 

10 ‘‘(2) PROCEDURES.—A covered individual 

11 against whom a determination is made under para12 graph (1) shall be afforded— 

13 ‘‘(A) notice of the determination not later 

14 than 15 business days in advance of a final 

15 order under paragraph (3); and 

16 ‘‘(B) an opportunity to respond to the de17 termination by not later than 10 business days 

18 after receipt of the notice. 

19 ‘‘(3) FINAL ORDER.—The head of the agency 

20 shall issue a final order to carry out paragraph (1) 

21 not later than— 

22 ‘‘(A) in the case of a covered individual 

23 who responds under paragraph (2)(B), 5 busi24 ness days after receiving the response from the 


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1 covered individual, to the maximum extent 

2 practicable; or 

3 ‘‘(B) in the case of a covered individual 

4 who does not so respond, 15 business days after 

5 the date on which the head of the agency pro6 vided notice to the individual under paragraph 

7 (2)(A), to the maximum extent practicable. 

8 ‘‘(4) APPEAL.—A covered individual with re9 spect to whom an annuity is to be reduced under 

10 this subsection may appeal the final order under 

11 paragraph (3) to the Merit Systems Protection 

12 Board in accordance with any regulations that the 

13 Board may prescribe for purposes of this subsection. 

14 An appeal may not be made under this paragraph 

15 later than that date that is 10 business days after 

16 the date on which an order is issued under para17 graph (3). 

18 ‘‘(b) ADMINISTRATIVE REQUIREMENTS.— 

19 ‘‘(1) IN GENERAL.—Not later than 30 business 

20 days after the date on which the head of an agency 

21 issues a final order under subsection (a) or a final 

22 decision of the Merit Systems Protection Board is 

23 rendered (as the case may be) with respect to an in24 dividual, the applicable employing agency shall 

25 amend the covered individual’s retirement records to 


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1 reflect the period of service that is no longer cred2 itable by operation of this section and transmit the 

3 amended records to the Director of the Office of 

4 Personnel Management. 

5 ‘‘(2) ANNUITANTS.—With respect to any cov6 ered individual who is an annuitant on the date on 

7 which a final order is so issued, the Director of the 

8 Office of Personnel Management shall, not later 

9 than 30 business days after the receipt of amended 

10 retirement records from an agency under paragraph 

11 (1), recalculate the annuity of the annuitant. 

12 ‘‘(c) LUMP-SUM ANNUITY CREDIT.—A covered indi13 vidual with respect to whom an annuity is reduced under 

14 subsection (a) shall be entitled to be paid so much of the 

15 individual’s lump-sum credit as is attributable to the pe16 riod of felonious service. 

17 ‘‘(d) SPOUSE EXCEPTION.—The spouse of any cov18 ered individual referred to in subsection (a) shall be eligi19 ble for spousal annuity benefits that, but for subsection 

20 (a), would otherwise have been payable if the Attorney 

21 General of the United States or the attorney general of 

22 a State, a territory, or the District of Columbia determines 

23 that the spouse fully cooperated with authorities in the 

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1 ecution of the individual that resulted in the benefit reduc2 tion. 

3 ‘‘(e) APPLICATION.—Nothing in this section shall be 

4 construed to affect or otherwise mitigate the application 

5 of any other section of this subchapter. 

6 ‘‘(f) DEFINITIONS.—In this section— 

7 ‘‘(1) the term ‘covered individual’ means— 

8 ‘‘(A) an individual who is removed from a 

9 position as an employee (as defined in section 

10 2105) in the civil service for performance or 

11 misconduct under section 7513, 7543, or any 

12 other provision of law; or 

13 ‘‘(B) an individual who— 

14 ‘‘(i) is an employee (as defined in sec15 tion 2105) subject to a removal action for 

16 performance or misconduct under section 

17 7513, 7543, or any other provision of law; 

18 and 

19 ‘‘(ii) voluntarily separates from service 

20 with the employing agency prior to the 

21 issuance of a final decision with respect to 

22 the removal action; 

23 ‘‘(2) the term ‘felonious service’ means, with re24 spect to a covered individual, the period of service— 


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1 ‘‘(A) beginning on the date on which the 

2 head of the employing agency determines that 

3 the individual commenced engaging in the acts 

4 or omissions that gave rise to the removal ac5 tion or proposed removal action described in 

6 paragraph (1); and 

7 ‘‘(B) ending on the date that is the earlier 

8 of— 

9 ‘‘(i) the date on which the individual 

10 is removed from or voluntarily separates 

11 from a position at the agency; or 

12 ‘‘(ii) the date on which the individual 

13 ceases engaging in the acts or omissions 

14 that gave rise to the removal action or pro15 posed removal action described in para16 graph (1); 

17 ‘‘(3) the term ‘finally convicted’ or ‘final convic18 tion’ refers to a conviction of a felony— 

19 ‘‘(A) that has not been appealed and is no 

20 longer appealable because the time for taking 

21 an appeal has expired; or 

22 ‘‘(B) that has been appealed and the ap23 peals process for which is completed; 


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1 ‘‘(4) the term ‘lump-sum credit’ has the mean2 ing given that term in section 8331(8) or 8401(19) 

3 (as the case may be); and 

4 ‘‘(5) the term ‘service’ has the meaning given 

5 that term in section 8331(12) or 8401(26) (as the 

6 case may be).’’. 

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions for subchapter II of chapter 83 of title 5, 

9 United States Code, is amended by adding at the 

10 end the following: 

‘‘8323. Reduction of benefits of employees convicted of certain crimes.’’. 

11 (b) APPLICATION.—Section 8323 of title 5, United 

12 States Code, as added by subsection (a), shall apply to 

13 acts or omissions described in subsection (a)(1)(B) of that 

14 section occurring after the date of enactment of this Act. 

15 (c) REGULATIONS.—The Office of Personnel Man16 agement may prescribe regulations to carry out this sec17 tion and the amendments made by this section. 

18 SEC. 9. AUTHORITY TO RECOUP BONUSES OR AWARDS 

19 PAID TO EMPLOYEES. 

20 (a) ADVERSE FINDINGS AND EMPLOYEES UNDER IN21 VESTIGATION.—Chapter 45 of title 5, United States Code, 

22 is amended by adding at the end the following: 


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1 ‘‘Subchapter IV—Limitations on Bonus 

2 Authority 

3 ‘‘§ 4531. Certain forms of misconduct 

4 ‘‘(a) DEFINITIONS.—In this section: 

5 ‘‘(1) ADVERSE FINDING.— 

6 ‘‘(A) IN GENERAL.—The term ‘adverse 

7 finding’ means a determination by the head of 

8 the agency employing an employee that the con9 duct of the employee— 

10 ‘‘(i) violated a policy of the agency for 

11 which the employee may be removed or 

12 suspended for a period of not less than 14 

13 days; or 

14 ‘‘(ii) violated a law for which the em15 ployee may be imprisoned for more than 1 

16 year. 

17 ‘‘(B) BASIS.—A determination described in 

18 subparagraph (A) may be based on an inves19 tigation by, a determination of, or information 

20 provided by the Inspector General or another 

21 senior ethics official of an agency or the Comp22 troller General of the United States, as part of 

23 carrying out an activity, authority, or function 

24 of the Inspector General, senior ethics official, 


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1 or Comptroller General, respectively, under a 

2 provision of law other than this section. 

3 ‘‘(2) AGENCY.—The term ‘agency’ has the 

4 meaning given the term in section 551. 

5 ‘‘(3) BONUS.—The term ‘bonus’ means any 

6 performance award or cash award under— 

7 ‘‘(A) section 4505a; 

8 ‘‘(B) section 5384; or 

9 ‘‘(C) section 5754. 

10 ‘‘(4) EMPLOYEE.—The term ‘employee’ means 

11 an employee of an agency. 

12 ‘‘(b) PROHIBITION.—The head of an agency may not 

13 award a bonus to an employee of the agency until the date 

14 that is 5 years after the end of the fiscal year during which 

15 the head of an agency makes an adverse finding relating 

16 to the employee. 

17 ‘‘(c) AFTER BONUS AWARDED.— 

18 ‘‘(1) IN GENERAL.—For a bonus awarded to an 

19 employee after the date of enactment of this section, 

20 if the head of the agency employing the employee 

21 makes an adverse finding relating to the employee 

22 during the fiscal year in which the bonus is awarded, 

23 the head of the agency, after notice and an oppor24 tunity for a hearing, shall issue an order directing 

25 the employee to repay the amount of the bonus. 


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1 ‘‘(2) REPAYMENT PLAN.—An agency shall allow 

2 an employee who is required to repay a bonus under 

3 paragraph (1) to repay that bonus using a repay4 ment plan. 

5 ‘‘(3) HEARINGS.—A hearing under this sub6 section shall be conducted in accordance with regula7 tions relating to hearings promulgated by the head 

8 of the agency under chapter 75. 

9 ‘‘(d) CONDITION OF RECEIPT.—As a condition of re10 ceiving a bonus awarded after the date of enactment of 

11 this section, an employee shall sign a certification stating 

12 that the employee shall repay the bonus in accordance with 

13 a final order issued under subsection (c). 

14 ‘‘(e) APPEAL.—An employee determined to be ineli15 gible for a bonus under subsection (b) or against whom 

16 an order is issued under subsection (c) may submit an 

17 appeal to the Merit Systems Protection Board under sec18 tion 7701.’’. 

19 (b) RULEMAKING.—The head of each agency, as de20 fined in section 551 of title 5, United States Code, may 

21 promulgate rules to carry out section 4531 of title 5, 

22 United States Code, as added by subsection (a). 

23 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

24 The table of sections for chapter 45 of title 5, United 


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1 States Code, is amended by adding at the end the fol2 lowing: 

‘‘SUBCHAPTER IV—LIMITATIONS ON BONUS AUTHORITY

‘‘4531. Certain forms of misconduct. 

3 SEC. 10. EXTENSION OF PROBATIONARY PERIOD FOR POSI4 TIONS WITHIN THE SENIOR EXECUTIVE 

5 SERVICE. 

6 (a) IN GENERAL.—Section 3393(d) of title 5, United 

7 States Code, is amended by striking ‘‘1-year’’ and insert8 ing ‘‘2-year’’. 

9 (b) CONFORMING AMENDMENT.—Section 3592(a)(1) 

10 of title 5, United States Code, is amended by striking ‘‘1- 

11 year’’ and inserting ‘‘2-year’’. 

12 (c) APPLICATION.—The amendments made by this 

13 section shall apply in the case of any individual initially 

14 appointed as a career appointee under section 3393 of title 

15 5, United States Code, on or after the effective date pro16 vided in section 12 of this Act. 

17 SEC. 11. EXTENSION OF PROBATIONARY PERIOD FOR EM18 PLOYEES IN THE COMPETITIVE SERVICE. 

19 (a) EXTENSION OF PROBATIONARY PERIOD.— 

20 (1) IN GENERAL.—Section 3321 of title 5, 

21 United States Code, is amended— 

22 (A) in subsection (a), by striking ‘‘The 

23 President’’ and inserting ‘‘Subject to sub24 sections (c) and (d), the President’’; 


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1 (B) by redesignating subsection (c) as sub2 section (e); and 

3 (C) by inserting after subsection (b) the 

4 following: 

5 ‘‘(c)(1) The length of a probationary period estab6 lished under paragraph (1) or (2) of subsection (a) shall— 

7 ‘‘(A) with respect to any position that requires 

8 formal training, begin on the date of the appoint9 ment to the position and end on the date that is 2 

10 years after the date on which the formal training is 

11 completed; 

12 ‘‘(B) with respect to any position that requires 

13 a license, begin on the date of the appointment to 

14 the position and end on the date that is 2 years 

15 after the date of the appointment or the date on 

16 which the license is granted, whichever is later; and 

17 ‘‘(C) with respect to any position not covered by 

18 subparagraph (A) or (B), be a period of 2 years be19 ginning on the date of the appointment to the posi20 tion. 

21 ‘‘(2) For purposes of paragraph (1)— 

22 ‘‘(A) the term ‘formal training’ means, with re23 spect to any position, a training program required 

24 by law, rule, or regulation, or otherwise required by 

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1 ployee before the employee is able to successfully 

2 execute the duties of the applicable position; and 

3 ‘‘(B) the term ‘license’ means a license, certifi4 cation, or other grant of permission to engage in a 

5 particular activity. 

6 ‘‘(d) The head of each agency shall, in the adminis7 tration of this section, take appropriate measures to en8 sure that— 

9 ‘‘(1) any announcement of a vacant position 

10 and any offer of appointment made to an individual 

11 with respect to a vacant position clearly states the 

12 terms and conditions of any applicable probationary 

13 period, including any formal training period and any 

14 license requirement; 

15 ‘‘(2) any individual who is required to complete 

16 a probationary period under this section receives 

17 timely notice of any requirements, including per18 formance requirements, that must be met in order to 

19 satisfactorily complete that period; 

20 ‘‘(3) any supervisor or manager of an individual 

21 who is required to complete a probationary period 

22 under this section receives periodic notifications of 

23 the end date of that period not later than 1 year, 

24 6 months, 3 months, and 30 days before the end 

25 date; and 


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1 ‘‘(4) if the agency head decides to retain an in2 dividual after the completion of a probationary pe3 riod under this section, the agency head submits a 

4 certification to that effect to the President, sup5 ported by a brief statement of the basis for the cer6 tification, in such form and manner as the President 

7 may by regulation prescribe.’’. 

8 (2) TECHNICAL AMENDMENT.—Section 3321(e) 

9 of title 5, United States Code (as so redesignated by 

10 paragraph (1)), is amended by striking ‘‘Subsections 

11 (a) and (b)’’ and inserting ‘‘Subsections (a) through 

12 (d)’’. 

13 (3) APPLICATION.—This subsection and the 

14 amendments made by this subsection shall apply in 

15 the case of any appointment (as referred to in sec16 tion 3321(a)(1) of title 5, United States Code) and 

17 any initial appointment (as referred to in section 

18 3321(a)(2) of that title) taking effect on or after the 

19 effective date provided in section 12 of this Act. 

20 (b) ADVERSE ACTIONS.— 

21 (1) SUBCHAPTER I OF CHAPTER 75 OF TITLE

22 5.—Section 7501(1) of title 5, United States Code, 

23 as amended by sections 5(c) and 7(a)(1), is further 

24 amended— 


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1 (A) by striking ‘‘or, except’’ and inserting 

2 ‘‘and, except’’; and 

3 (B) by striking ‘‘1 year of current’’ and in4 serting ‘‘2 years of current’’. 

5 (2) SUBCHAPTER II OF CHAPTER 75 OF TITLE

6 5.—Section 7511(a)(1) of title 5, United States 

7 Code, is amended— 

8 (A) in subparagraph (A)— 

9 (i) in clause (i), by striking ‘‘; or’’ and 

10 inserting ‘‘; and’’; and 

11 (ii) in clause (ii), by striking ‘‘1 year’’ 

12 the first place it appears and inserting ‘‘2 

13 years’’; 

14 (B) in subparagraph (B), by striking ‘‘1 

15 year’’ and inserting ‘‘2 years’’; and 

16 (C) in subparagraph (C)(i), by striking ‘‘; 

17 or’’ and inserting ‘‘; and’’. 

18 (3) APPLICATION.—The amendments made by 

19 paragraphs (1) and (2) shall apply in the case of 

20 any individual whose period of continuous service 

21 commences on or after the effective date provided in 

22 section 12. 

23 (c) REGULATIONS.—The Office of Personnel Man24 agement may prescribe regulations to carry out this sec25 tion and the amendments made by this section. 


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1 SEC. 12. APPLICATION. 

2 (a) EFFECTIVE DATE.—Unless otherwise specifically 

3 provided for in this Act, the amendments made by this 

4 Act shall take effect on the date that is 1 year after the 

5 date of enactment of this Act. 

6 (b) COLLECTIVE BARGAINING AGREEMENTS.—Not7 withstanding any other provision of law, the procedures 

8 established or amended by this Act shall supersede any 

9 collective bargaining agreement to the extent that the 

10 agreement is inconsistent with those procedures. 

11 (c) DEFINITION OF BUSINESS DAY.—For purposes 

12 of carrying out this Act and the amendments made by this 

13 Act, the term ‘‘business day’’ means any day other than 

14 a Saturday, Sunday, or legal public holiday under section 

15 6103(a) of title 5, United States Code. 

Æ 


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