I 

115TH CONGRESS 

1ST SESSION H. R. 559 

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 

JANUARY 13, 2017 

Mr. LOUDERMILK (for himself, Mr. AUSTIN SCOTT of Georgia, Mr. 

GROTHMAN, Mr. BARR, Mr. MESSER, Mr. BABIN, Mr. ARRINGTON, and 

Mr. BISHOP of Michigan) introduced the following bill; which was referred to the Committee on Oversight and Government Reform 

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. 

4 This Act may be cited as the ‘‘Modern Employment 

5 Reform, Improvement, and Transformation Act of 2017’’ 

6 or the ‘‘MERIT Act of 2017’’. 

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1 SEC. 2. ALTERNATIVE REMOVAL FOR PERFORMANCE OR 

2 MISCONDUCT. 

3 (a) IN GENERAL.—Chapter 75 of title 5, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘SUBCHAPTER VI—ALTERNATIVE REMOVAL 

7 FOR PERFORMANCE OR MISCONDUCT 

8 ‘‘§ 7551. Removal for performance or misconduct 

9 ‘‘(a) IN GENERAL.—The head of an agency may re10 move an employee from the civil service if the head deter11 mines the performance or misconduct of the individual 

12 warrants such removal. 

13 ‘‘(b) PROCEDURE.—(1) Not less than 7 days and not 

14 more than 21 days before taking a personnel action de15 scribed in subsection (a) against an employee, the head 

16 of the applicable agency shall provide the employee with— 

17 ‘‘(A) notice in writing of the proposed personnel 

18 action, including the reasons for such action and in19 cluding the forecasted final date of employment; and 

20 ‘‘(B) an opportunity to respond to the proposed 

21 personnel action within the remaining employment 

22 period beginning on the date of receipt of notice. 

23 ‘‘(2)(A) Subject to subparagraph (B), any removal 

24 under subsection (a) may be appealed to the Merit Sys25 tems Protection Board under section 7701. 

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1 ‘‘(B) An appeal under subparagraph (A) of a removal 

2 may only be made if such appeal is made not later than 

3 7 days after the date of such removal. 

4 ‘‘(3) No procedures under section 7513(b) or section 

5 7543(b) may be applied to a removal or under this section. 

6 ‘‘(c) EXPEDITED REVIEW BY MERIT SYSTEMS PRO7 TECTION BOARD.—(1) Upon receipt of an appeal under 

8 subsection (b)(2)(A), the Merit Systems Protection Board 

9 shall issue a decision not later than 30 days after the date 

10 of the appeal. 

11 ‘‘(2) Notwithstanding section 7701(c)(1)(B), the 

12 Merit Systems Protection Board shall uphold the decision 

13 of the head to remove an employee under subsection (a) 

14 if the decision is supported by substantial evidence. 

15 ‘‘(3) In any case in which the Merit Systems Protec16 tion Board judge cannot issue a decision in accordance 

17 with the 30-day requirement under paragraph (1), the re18 moval is final. In such a case, the Merit Systems Protec19 tion Board shall, within 14 days after the date that such 

20 removal is final, submit to Congress, the Committee on 

21 Homeland Security and Governmental Affairs of the Sen22 ate, and the Committee on Oversight and Government Re23 form of the House of Representatives a report that ex24 plains the reasons why a decision was not issued in accord25 ance with such requirement. 

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1 ‘‘(4) The Merit Systems Protection Board may not 

2 stay any removal under this section unless the basis for 

3 the appeal of such removal is a violation of paragraph (8) 

4 or (9) of section 2302(b). 

5 ‘‘(5) During the period beginning on the date on 

6 which an individual appeals a removal from the civil serv7 ice under subsection (b)(2)(A) and ending on the date that 

8 the Merit Systems Protection Board issues a final decision 

9 on such appeal, such individual may not receive any pay, 

10 awards, bonuses, incentives, allowances, differentials, stu11 dent loan repayments, special payments, or benefits. 

12 ‘‘(6) To the maximum extent practicable, the head 

13 shall provide to the Merit Systems Protection Board such 

14 information and assistance as may be necessary to ensure 

15 an appeal under this subsection is expedited. 

16 ‘‘(d) ADDITIONAL AUTHORITY.—The authority pro17 vided by this section is in addition to the authority other18 wise provided under this chapter. 

19 ‘‘(e) DEFINITIONS.—In this section: 

20 ‘‘(1) The term ‘employee’ means any individual 

21 covered by subchapter II or V of this chapter. 

22 ‘‘(2) The term ‘misconduct’ includes neglect of 

23 duty, malfeasance, failure to accept a directed reas24 signment, the commitment of a prohibited personnel 

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1 practice, a violation of protocol, and failure to ac2 company a position in a transfer of function.’’. 

3 (b) CONFORMING AMENDMENT.—The table of sec4 tions for chapter 75 of title 5, United States Code, is 

5 amended by adding at the end the following: 

‘‘SUBCHAPTER VI—ALTERNATIVE REMOVAL FOR PERFORMANCE OR

MISCONDUCT

‘‘Sec. 

‘‘7551. Removal for performance or misconduct.’’. 

Æ 

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