II 

116TH CONGRESS 

1ST SESSION S. 1898 

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

for performance or misconduct for Federal employees. 

IN THE SENATE OF THE UNITED STATES 

JUNE 19, 2019 

Mr. PERDUE (for himself, Mrs. BLACKBURN, Mr. BRAUN, Mr. COTTON, Mr. 

GRASSLEY, and Mr. WICKER) introduced the following bill; which was 

read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

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 2019’’ or the ‘‘MERIT Act of 2019’’. 

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. Modification of procedures for furlough. 

Sec. 7. Reduction of annuity of employee convicted of a felony for which an adverse action is or would have been taken. 

Sec. 8. Authority to recoup bonuses or awards paid to employees. 

Sec. 9. Extension of probationary period for positions within the Senior Executive Service. 

Sec. 10. Extension of probationary period for employees in the competitive service. 

Sec. 11. 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4 Code, is repealed. 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 11. 

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— 

23 (1) in subsection (b)— 

24 (A) in paragraph (1)— 


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1 (i) by striking ‘‘at least 30 days’ ad2 vance written notice’’ and inserting ‘‘writ3 ten notice 15 business days in advance’’; 

4 and 

5 (ii) by inserting before the semicolon 

6 at the end the following: ‘‘, and including 

7 a file containing all the evidence in support 

8 of the proposed action’’; 

9 (B) in paragraph (2), by striking ‘‘but not 

10 less than 7 days’’ and inserting ‘‘but not more 

11 than 7 business days’’; and 

12 (C) in paragraph (4), by striking ‘‘at the 

13 earliest practicable date’’; 

14 (2) by amending subsection (c) to read as fol15 lows: 

16 ‘‘(c) An agency shall issue the decision not later than 

17 15 business days after the agency provides notice, to the 

18 maximum extent practicable, to the employee affected.’’; 

19 (3) in subsection (d), by inserting before the pe20 riod at the end the following: ‘‘not later than 10 

21 business days after the effective date of the action’’; 

22 and 

23 (4) in subsection (e)— 

24 (A) by striking ‘‘and to the employee af25 fected upon the employee’s request’’; and 


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1 (B) by adding at the end the following: 

2 ‘‘Upon the affected employee’s request, copies 

3 of the documents described in the preceding 

4 sentence shall be furnished to the employee, to 

5 the extent those documents were not provided 

6 under subsection (c).’’. 

7 (b) DISCIPLINE OF SUPERVISORS BASED ON RETAL8 IATION AGAINST WHISTLEBLOWERS.—Section 

9 7515(b)(2)(B) of title 5, United States Code, is amend10 ed— 

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

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

13 days’’; and 

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

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

16 (c) APPLICATION.—The amendments made by sub17 sections (a) and (b) shall not apply to any action under 

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

19 amended by those subsections, respectively, commenced 

20 before the effective date provided in section 11. 

21 SEC. 4. PROHIBITION ON GRIEVING ADVERSE ACTIONS 

22 AND REDUCTIONS IN FORCE. 

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

24 amended— 


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1 (1) in subsection (a)(1), by striking ‘‘the settle2 ment of’’; 

3 (2) in subsection (c)— 

4 (A) by redesignating paragraphs (1) 

5 through (5) as paragraphs (5) through (9), re6 spectively; and 

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

8 so redesignated, the following: 

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

10 chapter 75; 

11 ‘‘(2) a furlough of more than 30 days by a re12 duction in force action under subchapter I of chap13 ter 35; 

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

15 under subchapter I of chapter 35; 

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

17 under subchapter I of chapter 35;’’; 

18 (3) in subsection (e)— 

19 (A) in paragraph (1)— 

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

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

22 (ii) in the second sentence, by striking 

23 ‘‘Similar matters’’ and inserting ‘‘Matters 

24 similar to those covered under subchapter 

25 II of chapter 75’’; and 


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

2 (4) in subsection (f)— 

3 (A) by striking the first sentence; and 

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

5 matters similar to those covered under sections 

6 4303 and 7512 of this title’’ and inserting ‘‘In 

7 matters similar to those covered under sub8 chapter II of chapter 75’’. 

9 SEC. 5. ACTIONS AGAINST SENIOR EXECUTIVES FOR PER10 FORMANCE OR CONDUCT. 

11 (a) REPEAL OF PAY RETENTION FOR CAREER AP12 POINTEES REMOVED FROM THE SENIOR EXECUTIVE

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

14 Code, is amended to read as follows: 

15 ‘‘(B)(i) any career appointee placed under sub16 section (a) or (b)(2) of this section shall be entitled 

17 to receive basic pay at the highest of— 

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

19 position in which placed; 

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

21 time of the placement for the position the ca22 reer appointee held in the civil service imme23 diately before being appointed to the Senior Ex24 ecutive Service; or 


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

2 the career appointee immediately before being 

3 placed under subsection (a) or (b) of this sec4 tion; and 

5 ‘‘(ii) any career appointee placed under sub6 section (b)(1) of this section shall be entitled to re7 ceive basic pay at the rate of basic pay in effect for 

8 the position in which placed; and’’. 

9 (b) APPRAISAL SYSTEM REQUIREMENTS.—Section 

10 4314(b) of title 5, United States Code, is amended— 

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

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

13 civil service’’; and 

14 (2) in paragraph (4), by inserting before the pe15 riod at the end the following: ‘‘or, as warranted, 

16 from the civil service’’. 

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

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

19 amended to read as follows: 

20 ‘‘(1) ‘employee’ means— 

21 ‘‘(A) an individual in the competitive serv22 ice who is not serving a probationary period or 

23 trial period under an initial appointment or, ex24 cept as provided in section 1599e of title 10, 

25 who has completed 1 year of current continuous 


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1 employment in the same or similar positions 

2 under other than a temporary appointment lim3 ited to 1 year or less; or 

4 ‘‘(B) a career appointee in the Senior Ex5 ecutive Service who— 

6 ‘‘(i) has completed the probationary 

7 period prescribed under section 3393(d); or 

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

9 subchapter II of this chapter immediately 

10 before appointment to the Senior Executive 

11 Service; and’’. 

12 (d) MODIFICATION OF CAUSE AND PROCEDURE FOR

13 SUSPENSION AND TERMINATION.—Section 7543 of title 

14 5, United States Code, is amended— 

15 (1) by striking subsections (a), (b), and (c) and 

16 inserting the following: 

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

18 Personnel Management, an agency may take an action 

19 covered by this subchapter against an employee only for 

20 such cause as would promote the efficiency of the service. 

21 ‘‘(b) An employee against whom an action covered by 

22 this subchapter is proposed is entitled to— 

23 ‘‘(1) written notice 15 business days in advance, 

24 unless there is reasonable cause to believe the em25 ployee has committed a crime for which a sentence 


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1 of imprisonment can be imposed, stating specific 

2 reasons for the proposed action, and including a file 

3 containing all the evidence in support of the pro4 posed action; 

5 ‘‘(2) a reasonable time, but not more than 7 

6 business days, to answer orally and in writing and 

7 to furnish affidavits and other documentary evidence 

8 in support of the answer; 

9 ‘‘(3) be represented by an attorney or other 

10 representative; and 

11 ‘‘(4) a written decision and the specific reasons 

12 therefor. 

13 ‘‘(c) An agency shall issue the decision not later than 

14 15 business days after the agency provides notice, to the 

15 maximum extent practicable, to the employee affected.’’; 

16 (2) in subsection (d), by inserting before the pe17 riod at the end the following: ‘‘not later than 10 

18 business days after the effective date of the action’’; 

19 and 

20 (3) in subsection (e)— 

21 (A) by striking ‘‘and to the employee af22 fected upon the employee’s request’’; and 

23 (B) by adding at the end the following: 

24 ‘‘Upon the affected employee’s request, copies 

25 of the documents described in the preceding 


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1 sentence shall be furnished to the employee, to 

2 the extent those documents were not provided 

3 under subsection (c).’’. 

4 (e) CONFORMING AMENDMENTS.—Title 5, United 

5 States Code, is amended— 

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

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

8 section 7543’’; 

9 (2) in section 3593(a)(2), by striking ‘‘mis10 conduct, neglect of duty, malfeasance,’’ and insert11 ing ‘‘a removal under section 7543’’; 

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

13 following: 

14 ‘‘(d) This section shall not apply to any career ap15 pointee who is subject to a personnel action under sub16 chapter V of chapter 75.’’; and 

17 (4) in section 7542, by striking ‘‘or to a re18 moval under section 3592 or 3595’’ and inserting 

19 the following: ‘‘to a removal from the Senior Execu20 tive Service under section 3592 of this title, to a re21 duction in force as defined in section 3595(d) of this 

22 title, or to a transfer of function as described in sec23 tion 3595(e)’’. 

24 (f) APPLICATION.—The amendments made by this 

25 section shall not apply to any personnel action under subVerDate Sep 11 2014 21:58 Jun 21, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1898.IS S1898

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1 chapter V of chapter 75 of title 5, United States Code, 

2 commenced before the effective date provided in section 

3 11. 

4 SEC. 6. MODIFICATION OF PROCEDURES FOR FURLOUGH. 

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

6 FURLOUGH DUE TO LAPSE IN APPROPRIATIONS.—Sub7 chapter I of chapter 75 of title 5, United States Code, 

8 is amended— 

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

10 5(c)— 

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

12 the end; 

13 (B) by redesignating paragraph (2) as 

14 paragraph (5); and 

15 (C) by inserting after paragraph (1) the 

16 following: 

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

18 in section 7511(a)(5); 

19 ‘‘(3) ‘furlough due to lapse in appropriations’ 

20 means a furlough due to a lapse in appropriations; 

21 ‘‘(4) ‘general furlough’ means a furlough that is 

22 not due to a lapse in appropriations; and’’; 

23 (2) in section 7502, by striking ‘‘This sub24 chapter’’ and all that follows through ‘‘this title.’’ 


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1 and inserting the following: ‘‘This subchapter applies 

2 to— 

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

4 a suspension under section 7521 or 7532 or any ac5 tion initiated under section 1215; 

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

7 ‘‘(3) a furlough due to lapse in appropriations 

8 of any duration.’’; 

9 (3) by redesignating section 7504 as section 

10 7505; and 

11 (4) by inserting after section 7503 the fol12 lowing: 

13 ‘‘§ 7504. Furlough cause and procedure 

14 ‘‘(a) GENERAL FURLOUGH.— 

15 ‘‘(1) IN GENERAL.—An employee may be sub16 ject to a general furlough for such cause as will pro17 mote the efficiency of the service. Any employee fur18 loughed under this subsection is entitled to the pro19 cedures established under the regulations promul20 gated under paragraph (2). 

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

22 after the date of enactment of this section, the Of23 fice of Personnel Management shall promulgate reg24 ulations providing for— 


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1 ‘‘(A) the circumstances under which an 

2 employee may be furloughed under this sub3 section; 

4 ‘‘(B) the procedures to be afforded fur5 loughed employees, including, to the extent ap6 propriate and practicable under the cir7 cumstances of the furlough action— 

8 ‘‘(i) advanced notice stating the spe9 cific reasons for the proposed furlough; 

10 ‘‘(ii) a reasonable time to answer oral11 ly and in writing and to furnish affidavits 

12 and other documentary evidence in support 

13 of the answer; 

14 ‘‘(iii) representation by an attorney or 

15 other representative; and 

16 ‘‘(iv) a written decision and specific 

17 reasons therefor at the earliest practicable 

18 date; and 

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

20 to a furloughed employee and the Merit Sys21 tems Protection Board upon request of the em22 ployee or the Board. 

23 ‘‘(b) FURLOUGH DUE TO LAPSE IN APPROPRIA24 TIONS.— 


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1 ‘‘(1) IN GENERAL.—An employee may be sub2 ject to a furlough due to lapse in appropriations. 

3 ‘‘(2) PROCEDURES.— 

4 ‘‘(A) NOTICE.—Under regulations pre5 scribed by the Office of Personnel Management, 

6 any employee subject to a furlough due to lapse 

7 in appropriations shall be afforded notice ex8 plaining the reasons for the furlough. If the no9 tice cannot be provided in advance of the fur10 lough, notice shall be provided as soon as rea11 sonably practicable. 

12 ‘‘(B) OTHER PROCEDURES.—No other pro13 cedures, including those provided under sub14 section (a) or any other provision of this title, 

15 shall be available to any employee subject to a 

16 furlough due to lapse in appropriations under 

17 this subsection. 

18 ‘‘(c) DEFINITION.—For purposes of this section, the 

19 term ‘employee’ means any employee described under sec20 tion 7501(1)(A).’’. 

21 (b) GENERAL FURLOUGH OF MORE THAN 14 

22 DAYS.—Subchapter II of chapter 75 of title 5, United 

23 States Code, is amended— 

24 (1) in section 7511(a)— 


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1 (A) in paragraph (4), by striking ‘‘and’’ at 

2 the end; 

3 (B) in paragraph (5), by striking the pe4 riod at the end and inserting a semicolon; and 

5 (C) by adding at the end the following: 

6 ‘‘(6) ‘furlough due to lapse in appropriations’ 

7 means a furlough due to a lapse in appropriations; 

8 and 

9 ‘‘(7) ‘general furlough’ means a furlough that is 

10 not due to a lapse in appropriations.’’; 

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

12 2(c)— 

13 (A) in paragraph (5), by striking ‘‘a fur14 lough of 30 days or less’’ and inserting ‘‘a gen15 eral furlough of more than 14 days but less 

16 than 31 days’’; 

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

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

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

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

21 end and inserting ‘‘; or’’; and 

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

23 ‘‘(F) a furlough due to lapse in appropriations 

24 action under section 7504.’’; 


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1 (3) in section 7513(a), by striking ‘‘an action 

2 covered by this subchapter’’ and inserting ‘‘an action 

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

4 7512’’; and 

5 (4) by inserting after section 7515 the fol6 lowing: 

7 ‘‘§ 7516. General furlough cause and procedure 

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

9 a general furlough for such cause as will promote the effi10 ciency of the service. An employee furloughed under this 

11 section is entitled to the procedures established under the 

12 regulations promulgated under subsection (b). 

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

14 the date of enactment of this section, the Office of Per15 sonnel Management shall promulgate regulations pro16 viding for— 

17 ‘‘(1) the circumstances under which an em18 ployee may be furloughed under this section; 

19 ‘‘(2) the procedures provided under section 

20 7513 to the extent appropriate and practicable 

21 under the circumstances of the furlough; and 

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

23 furloughed employee and the Merit Systems Protec24 tion Board upon request of the employee or the 

25 Board. 


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1 ‘‘(c) APPEAL.—An employee against whom a fur2 lough action is taken under this section is entitled to ap3 peal to the Merit Systems Protection Board under section 

4 7701 not later than 10 business days after the effective 

5 date of the action.’’. 

6 (c) ADMINISTRATIVE LAW JUDGES.—Section 

7 7521(b) of title 5, United States Code, is amended— 

8 (1) in subparagraph (B), by striking ‘‘or’’ at 

9 the end; 

10 (2) in subparagraph (C), by striking the period 

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

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

13 ‘‘(D) a furlough due to lapse in appropriations 

14 action under section 7504.’’. 

15 (d) TECHNICAL AMENDMENTS.— 

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

17 7503 of title 5, United States Code, is amended by 

18 striking ‘‘Cause and procedure’’ and inserting 

19 ‘‘Suspension cause and procedure’’. 

20 (2) SECTION 7513.—The heading of section 

21 7513 of title 5, United States Code, is amended by 

22 striking ‘‘Cause and procedure’’ and inserting 

23 ‘‘Cause and procedure for actions other 

24 than furlough’’. 

25 (e) CLERICAL AMENDMENTS.— 


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1 (1) SUBCHAPTER I OF CHAPTER 75 OF TITLE

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

3 75 of title 5, United States Code, is amended by 

4 striking the items relating to sections 7503 and 

5 7504 and inserting the following: 

‘‘7503. Suspension cause and procedure. 

‘‘7504. Furlough cause and procedure. 

‘‘7505. Regulations.’’. 

6 (2) SUBCHAPTER II OF CHAPTER 75 OF TITLE

7 5.—The table of sections for subchapter II of chap8 ter 75 of title 5, United States Code, is amended— 

9 (A) by striking the item relating to section 

10 7513 and inserting the following: 

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

11 and 

12 (B) by inserting after the item relating to 

13 section 7515 the following: 

‘‘7516. General furlough cause and procedure.’’. 

14 (f) APPLICATION.—Notwithstanding section 11, 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 under sections 

21 7504 and 7516 of title 5, United States Code, as 

22 added by this section. 


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1 SEC. 7. REDUCTION OF ANNUITY OF EMPLOYEE CON2 VICTED OF A FELONY FOR WHICH AN AD3 VERSE ACTION IS OR WOULD HAVE BEEN 

4 TAKEN. 

5 (a) REDUCTION OF ANNUITY OF EMPLOYEE CON6 VICTED OF A FELONY FOR WHICH AN ADVERSE ACTION

7 IS TAKEN.— 

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

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

10 at the end the following: 

11 ‘‘§ 8323. Reduction of benefits of employees convicted 

12 of certain crimes 

13 ‘‘(a) REDUCTION OF ANNUITY.— 

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

15 covered individual shall not be taken into account 

16 for purposes of calculating an annuity with respect 

17 to the individual under subchapter III of this chap18 ter or chapter 84 if— 

19 ‘‘(A) the covered individual is finally con20 victed of a felony; and 

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

22 individual was employed determines that the 

23 conviction was based on the acts or omissions 

24 of the covered individual that— 


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

2 performance of the covered individual’s of3 ficial duties at the agency; and 

4 ‘‘(ii) are sufficient to support a re5 moval action under section 7513, 7543, or 

6 any other provision of law against the cov7 ered individual. 

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

9 against whom a determination is made under para10 graph (1) shall be afforded— 

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

12 than 15 business days in advance of a final 

13 order under paragraph (3); and 

14 ‘‘(B) an opportunity to respond to the de15 termination by not later than 10 business days 

16 after receipt of the notice. 

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

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

19 not later than— 

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

21 who responds under paragraph (2)(B), 5 busi22 ness days after receiving the response from the 

23 covered individual, to the maximum extent 

24 practicable; or 


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

2 who does not so respond, 15 business days after 

3 the date on which the head of the agency pro4 vided notice to the individual under paragraph 

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

6 ‘‘(4) APPEAL.—A covered individual with re7 spect to whom an annuity is to be reduced under 

8 this subsection may appeal the final order under 

9 paragraph (3) to the Merit Systems Protection 

10 Board in accordance with any regulations that the 

11 Board may prescribe for purposes of this subsection. 

12 An appeal may not be made under this paragraph 

13 later than that date that is 10 business days after 

14 the date on which an order is issued under para15 graph (3). 

16 ‘‘(b) ADMINISTRATIVE REQUIREMENTS.— 

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

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

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

20 decision of the Merit Systems Protection Board is 

21 rendered (as the case may be) with respect to an in22 dividual, the applicable employing agency shall 

23 amend the covered individual’s retirement records to 

24 reflect the period of service that is no longer cred25 itable by operation of this section and transmit the 


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1 amended records to the Director of the Office of 

2 Personnel Management. 

3 ‘‘(2) ANNUITANTS.—With respect to any cov4 ered individual who is an annuitant on the date on 

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

6 Office of Personnel Management shall, not later 

7 than 30 business days after the receipt of amended 

8 retirement records from an agency under paragraph 

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

10 ‘‘(c) LUMP-SUM ANNUITY CREDIT.—A covered indi11 vidual with respect to whom an annuity is reduced under 

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

13 individual’s lump-sum credit as is attributable to the pe14 riod of felonious service. 

15 ‘‘(d) SPOUSE EXCEPTION.—The spouse of any cov16 ered individual referred to in subsection (a) shall be eligi17 ble for spousal annuity benefits that, but for subsection 

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

19 General of the United States or the attorney general of 

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

21 that the spouse fully cooperated with authorities in the 

22 conduct of a criminal investigation and subsequent pros23 ecution of the individual that resulted in the benefit reduc24 tion. 


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

2 construed to affect or otherwise mitigate the application 

3 of any other section of this subchapter. 

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

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

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

7 position as an employee (as defined in section 

8 2105) in the civil service for performance or 

9 misconduct under section 7513, 7543, or any 

10 other provision of law; or 

11 ‘‘(B) an individual who— 

12 ‘‘(i) is an employee (as defined in sec13 tion 2105) subject to a removal action for 

14 performance or misconduct under section 

15 7513, 7543, or any other provision of law; 

16 and 

17 ‘‘(ii) voluntarily separates from service 

18 with the employing agency prior to the 

19 issuance of a final decision with respect to 

20 the removal action; 

21 ‘‘(2) the term ‘felonious service’ means, with re22 spect to a covered individual, the period of service— 

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

24 head of the employing agency determines that 

25 the individual commenced engaging in the acts 


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1 or omissions that gave rise to the removal ac2 tion or proposed removal action described in 

3 paragraph (1); and 

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

5 of— 

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

7 is removed from or voluntarily separates 

8 from a position at the agency; or 

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

10 ceases engaging in the acts or omissions 

11 that gave rise to the removal action or pro12 posed removal action described in para13 graph (1); 

14 ‘‘(3) the term ‘finally convicted’ or ‘final convic15 tion’ refers to a conviction of a felony— 

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

17 longer appealable because the time for taking 

18 an appeal has expired; or 

19 ‘‘(B) that has been appealed and the ap20 peals process for which is completed; 

21 ‘‘(4) the term ‘lump-sum credit’ has the mean22 ing given that term in section 8331(8) or 8401(19) 

23 (as the case may be); and 


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

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

3 case may be).’’. 

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions for subchapter II of chapter 83 of title 5, 

6 United States Code, is amended by adding at the 

7 end the following: 

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

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

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

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

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

12 (c) REGULATIONS.—The Office of Personnel Man13 agement may prescribe regulations to carry out this sec14 tion and the amendments made by this section. 

15 SEC. 8. AUTHORITY TO RECOUP BONUSES OR AWARDS 

16 PAID TO EMPLOYEES. 

17 (a) AUTHORITY.— 

18 (1) IN GENERAL.—Chapter 45 of title 5, United 

19 States Code, is amended by adding at the end the 

20 following: 


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1 ‘‘SUBCHAPTER IV—REPAYMENT OF BONUSES 

2 OR AWARDS 

3 ‘‘§ 4531. Recoupment of bonuses or awards paid to 

4 employees 

5 ‘‘(a) IN GENERAL.—Notwithstanding any other pro6 vision of law, and except as provided in subsection (c), 

7 the head of an agency may issue an order directing an 

8 employee or former employee of the agency to repay the 

9 amount, or a portion of the amount, of any award or 

10 bonus paid to the employee under this title, including 

11 under this chapter or section 5384, 5753, or 5754, if— 

12 ‘‘(1) the agency head determines by clear and 

13 convincing evidence that— 

14 ‘‘(A) the employee or former employee en15 gaged in misconduct or unsatisfactory perform16 ance prior to payment of the award or bonus; 

17 and 

18 ‘‘(B) the award or bonus would not have 

19 been paid, in whole or in part, had the mis20 conduct or unsatisfactory performance de21 scribed in subparagraph (A) been known by the 

22 agency prior to payment; 

23 ‘‘(2) before the repayment, the employee or 

24 former employee is afforded— 


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

2 than 15 business days in advance of a final 

3 order under this subsection; and 

4 ‘‘(B) an opportunity to respond to the pro5 posed order by not later than 10 business days 

6 after the receipt of the notice; and 

7 ‘‘(3) the agency head issues the order not later 

8 than— 

9 ‘‘(A) in the case of a proposed order to 

10 which an employee or former employee responds 

11 under paragraph (2)(B), 5 business days after 

12 receiving the response of the employee or 

13 former employee (as the case may be), to the 

14 maximum extent practicable; or 

15 ‘‘(B) in the case of a proposed order to 

16 which an employee or former employee does not 

17 respond, 15 business days after the agency 

18 head provides notice to the employee or former 

19 employee (as the case may be) under paragraph 

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

21 ‘‘(b) RECRUITMENT, RELOCATION, OR RETENTION

22 BONUS.— 

23 ‘‘(1) IN GENERAL.—In addition to ordering an 

24 employee to repay any payments received under a 

25 service agreement under subsection (a), the head of 


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•S 1898 IS

1 an agency shall terminate a recruitment, relocation, 

2 or retention service agreement and make no further 

3 recruitment, relocation, or retention bonus payments 

4 under the agreement. 

5 ‘‘(2) APPLICATION.—A bonus repayment order 

6 or a termination or withholding of a bonus payment 

7 under this subsection shall supersede any other 

8 bonus payment or repayment requirement estab9 lished by law or regulation. 

10 ‘‘(c) OFFICE OF SPECIAL COUNSEL FILING.—If an 

11 employee or former employee has filed a claim with the 

12 Office of Special Counsel, an agency seeking repayment 

13 of any bonus or award from the employee or former em14 ployee shall provide the Office with notice of intent to seek 

15 repayment, and the repayment order shall not be effective 

16 unless and until the Office approves the order. 

17 ‘‘(d) APPEAL.—Upon the issuance of an order by an 

18 agency head under subsection (a) with respect to an em19 ployee or former employee, the employee or former em20 ployee (as the case may be) shall have an opportunity to 

21 appeal the order to the Merit Systems Protection Board 

22 under section 7701 not later than 10 business days after 

23 the date of the issuance.’’. 

24 (2) CLERICAL AMENDMENT.—The table of sec25 tions for chapter 45 of title 5, United States Code, 


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1 is amended by adding after the item relating to sec2 tion 4523 the following: 

‘‘SUBCHAPTER IV—REPAYMENT OF BONUSES OR AWARDS

‘‘4531. Recoupment of bonuses or awards paid to employees.’’. 

3 (b) OTHER BONUSES OR AWARDS.— 

4 (1) IN GENERAL.—Notwithstanding any other 

5 provision of law, a bonus or award to an employee 

6 (as that term is defined in section 2105 of title 5, 

7 United States Code) that is similar to a bonus or 

8 award covered by section 4531 of that title (as 

9 added by subsection (a)) shall be subject to the re10 quirements in such section 4531. The head of the 

11 applicable agency shall ensure that such section 

12 4531 shall apply to employees of that agency. 

13 (2) APPLICATION.—An employee covered by 

14 such section 4531 by operation of paragraph (1) 

15 may not appeal any decision regarding a bonus 

16 under that section or paragraph to the Merit Sys17 tems Protection Board if the employee is not other18 wise authorized by law to appeal to the Board. 

19 (c) SERVICE AGREEMENTS.— 

20 (1) IN GENERAL.—The Director of the Office of 

21 Personnel Management shall direct each agency (as 

22 that term is defined in section 4501(1) of title 5, 

23 United States Code) to incorporate into service 

24 agreements entered into after the date of enactment 


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1 of this Act under sections 5753 and 5754 of that 

2 title terms addressing the conditions under which 

3 the agreement and bonus payments shall be termi4 nated and employees may be required to repay bonus 

5 payments under such section 4531. 

6 (2) CONFORMING AMENDMENTS.—Subchapter 

7 IV of chapter 57 of title 5, United States Code, is 

8 amended— 

9 (A) in section 5753(c)(2)(A)— 

10 (i) in clause (iii), by striking ‘‘and’’ at 

11 the end; 

12 (ii) by redesignating clause (iv) as 

13 clause (v); and 

14 (iii) by inserting after clause (iii) the 

15 following: 

16 ‘‘(iv) notwithstanding any additional bonus pay17 ment and service agreement termination require18 ments under this subsection, the conditions under 

19 which— 

20 ‘‘(I) the agreement and bonus payments 

21 shall be terminated under section 4531; and 

22 ‘‘(II) the employee may be required to 

23 repay bonus payments under section 4531 dur24 ing or after the completion of the service pe25 riod; and’’; and 


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1 (B) in section 5754(d)— 

2 (i) in paragraph (2)(A)— 

3 (I) in clause (iii), by striking 

4 ‘‘and’’ at the end; 

5 (II) by redesignating clause (iv) 

6 as clause (v); and 

7 (III) by inserting after clause 

8 (iii) the following: 

9 ‘‘(iv) notwithstanding any additional bonus pay10 ment and service agreement termination require11 ments under this subsection, the conditions under 

12 which— 

13 ‘‘(I) the agreement and bonus payments 

14 shall be terminated under section 4531; and 

15 ‘‘(II) the employee may be required to 

16 repay bonus payments under section 4531 dur17 ing or after the completion of the service pe18 riod; and’’; 

19 (ii) by striking paragraph (3); and 

20 (iii) by redesignating paragraph (4) as 

21 paragraph (3). 

22 (d) REGULATIONS.—Not later than 1 year after the 

23 date of enactment of this Act, the Director of the Office 

24 of Personnel Management shall issue any regulations necVerDate Sep 11 2014 21:58 Jun 21, 2019 Jkt 089200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S1898.IS S1898

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1 essary to carry out section 4531 of title 5, United States 

2 Code, as added by subsection (a). 

3 (e) EFFECTIVE DATE.—Section 4531 of title 5, 

4 United States Code, as added by subsection (a), shall 

5 apply with respect to an award or bonus authorized by 

6 an agency to an employee of the agency on or after the 

7 effective date provided in section 11 of this Act. 

8 SEC. 9. EXTENSION OF PROBATIONARY PERIOD FOR POSI9 TIONS WITHIN THE SENIOR EXECUTIVE 

10 SERVICE. 

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

12 States Code, is amended by striking ‘‘1-year’’ and insert13 ing ‘‘2-year’’. 

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

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

16 year’’ and inserting ‘‘2-year’’. 

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

18 section shall apply in the case of any individual initially 

19 appointed as a career appointee under section 3393 of title 

20 5, United States Code, on or after the effective date pro21 vided in section 11 of this Act. 

22 SEC. 10. EXTENSION OF PROBATIONARY PERIOD FOR EM23 PLOYEES IN THE COMPETITIVE SERVICE. 

24 (a) EXTENSION OF PROBATIONARY PERIOD.— 


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

2 United States Code, is amended— 

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

4 President’’ and inserting ‘‘Subject to sub5 sections (c) and (d), the President’’; 

6 (B) by redesignating subsection (c) as sub7 section (e); and 

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

9 following: 

10 ‘‘(c)(1) The length of a probationary period estab11 lished under paragraph (1) or (2) of subsection (a) shall— 

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

13 formal training, begin on the date of the appoint14 ment to the position and end on the date that is 2 

15 years after the date on which the formal training is 

16 completed; 

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

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

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

20 after the date of the appointment or the date on 

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

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

23 subparagraph (A) or (B), be a period of 2 years be24 ginning on the date of the appointment to the posi25 tion. 


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

2 ‘‘(A) the term ‘formal training’ means, with re3 spect to any position, a training program required 

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

5 the employing agency, to be completed by the em6 ployee before the employee is able to successfully 

7 execute the duties of the applicable position; and 

8 ‘‘(B) the term ‘license’ means a license, certifi9 cation, or other grant of permission to engage in a 

10 particular activity. 

11 ‘‘(d) The head of each agency shall, in the adminis12 tration of this section, take appropriate measures to en13 sure that— 

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

15 and any offer of appointment made to an individual 

16 with respect to a vacant position clearly states the 

17 terms and conditions of any applicable probationary 

18 period, including any formal training period and any 

19 license requirement; 

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

21 a probationary period under this section receives 

22 timely notice of any requirements, including per23 formance requirements, that must be met in order to 

24 satisfactorily complete that period; 


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

2 who is required to complete a probationary period 

3 under this section receives periodic notifications of 

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

5 6 months, 3 months, and 30 days before the end 

6 date; and 

7 ‘‘(4) if the agency head decides to retain an in8 dividual after the completion of a probationary pe9 riod under this section, the agency head submits a 

10 certification to that effect to the President, sup11 ported by a brief statement of the basis for the cer12 tification, in such form and manner as the President 

13 may by regulation prescribe.’’. 

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

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

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

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

18 (d)’’. 

19 (3) APPLICATION.—This subsection and the 

20 amendments made by this subsection shall apply in 

21 the case of any appointment (as referred to in sec22 tion 3321(a)(1) of title 5, United States Code) and 

23 any initial appointment (as referred to in section 

24 3321(a)(2) of that title) taking effect on or after the 

25 effective date provided in section 11 of this Act. 


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1 (b) ADVERSE ACTIONS.— 

2 (1) SUBCHAPTER I OF CHAPTER 75 OF TITLE

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

4 as amended by sections 5(c) and 6(a)(1), is further 

5 amended— 

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

7 ‘‘and, except’’; and 

8 (B) by striking ‘‘1 year of current’’ and in9 serting ‘‘2 years of current’’. 

10 (2) SUBCHAPTER II OF CHAPTER 75 OF TITLE

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

12 Code, is amended— 

13 (A) in subparagraph (A)— 

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

15 inserting ‘‘; and’’; and 

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

17 the first place it appears and inserting ‘‘2 

18 years’’; 

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

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

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

22 or’’ and inserting ‘‘; and’’. 

23 (3) APPLICATION.—The amendments made by 

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

25 any individual whose period of continuous service 


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1 commences on or after the effective date provided in 

2 section 11. 

3 (c) REGULATIONS.—The Office of Personnel Man4 agement may prescribe regulations to carry out this sec5 tion and the amendments made by this section. 

6 SEC. 11. APPLICATION. 

7 (a) EFFECTIVE DATE.—Unless otherwise specifically 

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

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

10 date of enactment of this Act. 

11 (b) COLLECTIVE BARGAINING AGREEMENTS.—Not12 withstanding any other provision of law, the procedures 

13 established or amended by this Act shall supersede any 

14 collective bargaining agreement to the extent that the 

15 agreement is inconsistent with those procedures. 

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

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

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

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

20 6103(a) of title 5, United States Code. 

Æ 


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