I 
119TH CONGRESS 
1ST SESSION 
H. R. 687 
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 23, 2025 
Mr. LOUDERMILK (for himself, Mr. CARTER of Georgia, Mrs. HOUCHIN, Mr. 
CRAWFORD, Mr. OWENS, Mr. COLLINS, Mrs. LUNA, Mr. WEBSTER of 
Florida, Mr. MANN, Mr. SCOTT FRANKLIN of Florida, Mr. MEUSER, Mr. 
BABIN, Ms. TENNEY, Mr. BAIRD, Mr. STEUBE, and Mr. BURCHETT) in-
troduced the following bill; which was referred to the Committee on Over-
sight 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Modern Employment Reform, Improvement, and Trans-
formation Act of 2025’’ or the ‘‘MERIT Act of 2025’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
VerDate Sep 11 2014 
23:59 Feb 21, 2025
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H687.IH
H687
ssavage on LAPJG3WLY3PROD with BILLS
Sec. 1. Short title; table of contents. 
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 ad-
verse 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 Exec-
utive Service. 
Sec. 11. Extension of probationary period for employees in the competitive serv-
ice. 
Sec. 12. Application. 
SEC. 2. TERMINATION OF AUTHORITY FOR CHAPTER 43 
PERFORMANCE-BASED ACTIONS. 
(a) REPEAL.—Section 4303 of title 5, United States 
Code, is repealed. 
(b) APPLICATION.—Subsection (a) shall not apply to 
any performance-based action under section 4303 of title 
5, United States Code, commenced before the effective 
date provided in section 12. 
(c) CONFORMING AMENDMENTS.— 
(1) TITLE 5.—Title 5, United States Code, is 
amended— 
(A) in section 2302(e)(1)(A), by striking 
‘‘3504, and 4303(e)’’ and inserting ‘‘and 
3504’’; 
(B) in section 4302(c)(6), by striking ‘‘but 
only after an opportunity to demonstrate ac-
ceptable performance’’; 
VerDate Sep 11 2014 
23:59 Feb 21, 2025
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H687.IH
H687
ssavage on LAPJG3WLY3PROD with BILLS
(C) in section 7512, by striking subpara-
graph (D) and redesignating subparagraphs (E) 
and (F) as subparagraphs (D) and (E), respec-
tively; 
(D) in section 7701(c)(1), by striking ‘‘de-
cision’’ and all that follows through ‘‘preponder-
ance of the evidence’’ and inserting ‘‘decision is 
supported by a preponderance of the evidence’’; 
(E) in section 9508(d), by striking ‘‘(1) In 
applying’’ and all that follows through ‘‘(2)’’; 
and 
(F) in section 9902(a)(2), by striking ‘‘sec-
tions 4302 and 4303(e)’’ and inserting ‘‘section 
4302’’. 
(2) TITLE 31.—Section 732(d)(3) of title 31, 
United States Code, is amended by striking ‘‘con-
sistent with section 4303 of title 5’’. 
(d) CLERICAL AMENDMENT.—The table of sections 
for chapter 43 of title 5, United States Code, is amended 
by striking the item relating to section 4303. 
SEC. 3. ADVERSE ACTIONS BASED ON PERFORMANCE OR 
CONDUCT. 
(a) IN GENERAL.—Section 7513 of title 5, United 
States Code, is amended to read as follows: 
VerDate Sep 11 2014 
23:59 Feb 21, 2025
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H687.IH
H687
ssavage on LAPJG3WLY3PROD with BILLS
‘‘§ 7513. Cause and procedure 
‘‘(a) IN GENERAL.— 
‘‘(1) Under regulations prescribed by the Office 
of Personnel Management, an agency may take an 
action described in paragraphs (1) through (4) of 
section 7512 against an employee if the agency de-
termines by a preponderance of the evidence the per-
formance or misconduct of the employee warrants 
such action. 
‘‘(2)(A) When making an initial decision on an 
action described in paragraphs (1) through (4) of 
section 7512, the deciding employee of the agency 
shall exclusively apply the following factors: 
‘‘(i) The nature and seriousness of the of-
fense, and its relation to the employee’s duties, 
position, and responsibilities, including whether 
the offense was intentional or technical or inad-
vertent, or was committed maliciously or for 
gain, or was frequently repeated. 
‘‘(ii) The employee’s job level and type of 
employment, including supervisory or fiduciary 
role, and prominence of the position. 
‘‘(iii) The employee’s past disciplinary 
records. 
‘‘(iv) The employee’s past work record, in-
cluding length of service, performance on the 
VerDate Sep 11 2014 
23:59 Feb 21, 2025
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H687.IH
H687
ssavage on LAPJG3WLY3PROD with BILLS
job, ability to get along with fellow workers, 
and dependability. 
‘‘(v) Mitigating circumstances surrounding 
the offense such as unusual job tensions person-
ality problems, mental impairment, harassment, 
or bad faith, malice or provocation on the part 
of others involved in the matter. 
‘‘(B) The agency shall review the initial decision 
and uphold such decision if it is supported by sub-
stantial evidence. 
‘‘(b) PAY OF CERTAIN EMPLOYEES SUBJECT TO A 
REDUCTION IN GRADE.— 
‘‘(1) Notwithstanding any other provision of 
law, an employee subject to a reduction in grade 
shall, beginning on the date of such reduction, re-
ceive the annual rate of pay applicable to such 
grade. 
‘‘(2) An employee subject to a reduction in 
grade may not be placed on administrative leave 
during the period during which an appeal (if any) 
under this section is ongoing, and may only receive 
pay if the employee reports for duty or is approved 
to use accrued unused annual, sick, family medical, 
military, or court leave. 
VerDate Sep 11 2014 
23:59 Feb 21, 2025
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H687.IH
H687
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(3) If an employee subject to a reduction in 
grade does not report for duty or receive approval to 
use accrued unused leave, such employee shall not 
receive pay or other benefits. 
‘‘(c) PROCEDURE.— 
‘‘(1)(A) The aggregate period for written no-
tice, response, and final decision of actions described 
in paragraphs (1) through (4) of section 7512 may 
not exceed 15 business days unless there are reason-
able causes to believe the employee has committed a 
crime for which a sentence of imprisonment may be 
imposed. 
‘‘(B) The period for which an employee may re-
spond to a notice of actions described in paragraphs 
(1) through (4) of section 7512 in writing and to 
furnish affidavits and other documentary evidence in 
support of the response shall be 7 business days. 
‘‘(2) The agency shall issue a final decision with 
respect to actions described in paragraphs (1) 
through (4) of section 7512 not later than 15 busi-
ness days after the agency provides notice, including 
a file containing all the evidence in support of the 
proposed action, to the employee. The decision shall 
be in writing and shall include the specific reasons 
therefor. 
VerDate Sep 11 2014 
23:59 Feb 21, 2025
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H687.IH
H687
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(d) PIP.—The agency may carry out such actions 
described in paragraphs (1) through (4) of section 7512 
without first placing an employee on a performance im-
provement plan. 
‘‘(e) EMPLOYEE
RIGHTS.—An employee against 
whom actions described in paragraphs (1) through (4) of 
section 7512 is proposed is entitled to— 
‘‘(1) a written notice stating the specific rea-
sons for the proposed action; 
‘‘(2) be represented by an attorney or other 
representative; and 
‘‘(3) a written decision and the specific reasons 
therefor at the earliest practicable date. 
‘‘(f) HEARING.—An agency may provide, by regula-
tion, for a hearing which may be in lieu of or in addition 
to the opportunity to answer provided under subsection 
(c)(1)(b) of this section. 
‘‘(g) APPEAL.—An employee against whom an action 
described in paragraphs (1) through (4) of section 7512 
is taken is entitled to appeal to the Merit Systems Protec-
tion Board under section 7701 of this title not later than 
10 business days after the effective date of the action. 
‘‘(h) PROCEDURE.—Copies of the notice of proposed 
action, the answer of the employee when written, a sum-
mary thereof when made orally, the notice of decision and 
VerDate Sep 11 2014 
23:59 Feb 21, 2025
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H687.IH
H687
ssavage on LAPJG3WLY3PROD with BILLS
reasons therefor, and any order effecting an action de-
scribed in paragraphs (1) through (4) of section 7512, to-
gether with any supporting material, shall be maintained 
by the agency and shall be furnished to the Board upon 
its request. Upon the affected employee’s request, copies 
of the documents described in the preceding sentence shall 
be furnished to the employee, to the extent those docu-
ments were not provided under subsection (c).’’. 
(b) DISCIPLINE OF SUPERVISORS BASED ON RETAL-
IATION
AGAINST
WHISTLEBLOWERS.—Section 
7515(b)(2)(B) of title 5, United States Code, is amend-
ed— 
(1) in clause (i), by striking ‘‘not later than 14 
days’’ and inserting ‘‘not more than 7 business 
days’’; and 
(2) in clause (ii), by striking ‘‘14-day period’’ 
and inserting ‘‘7-business-day period’’. 
(c) APPLICATION.—The amendments made by sub-
sections (a) and (b) shall not apply to any action under 
section 7513 or 7515 of title 5, United States Code, as 
amended by those subsections, respectively, commenced 
before the effective date provided in section 12. 
VerDate Sep 11 2014 
23:59 Feb 21, 2025
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H687.IH
H687
ssavage on LAPJG3WLY3PROD with BILLS
SEC. 4. PROHIBITION ON GRIEVING ADVERSE ACTIONS 
AND REDUCTIONS IN FORCE. 
Section 7121 of title 5, United States Code, is 
amended— 
(1) in subsection (a)(1), by striking ‘‘the settle-
ment of’’; 
(2) in subsection (c)— 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (5) as paragraphs (5) through (9), re-
spectively; and 
(B) by inserting before paragraph (5), as 
so redesignated, the following: 
‘‘(1) an adverse action under subchapter II of 
chapter 75; 
‘‘(2) a furlough of more than 30 days by a re-
duction in force action under subchapter I of chap-
ter 35; 
‘‘(3) a separation by a reduction in force action 
under subchapter I of chapter 35; 
‘‘(4) a demotion by a reduction in force action 
under subchapter I of chapter 35;’’; 
(3) in subsection (e)— 
(A) in paragraph (1)— 
(i) by striking ‘‘(1) Matters’’ and all 
that follows through ‘‘but not both.’’; and 
VerDate Sep 11 2014 
23:59 Feb 21, 2025
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H687.IH
H687
ssavage on LAPJG3WLY3PROD with BILLS
(ii) in the second sentence, by striking 
‘‘Similar matters’’ and inserting ‘‘Matters 
similar to those covered under subchapter 
II of chapter 75’’; and 
(B) by striking paragraph (2); and 
(4) in subsection (f)— 
(A) by striking the first sentence; and 
(B) in the second sentence, by striking ‘‘In 
matters similar to those covered under sections 
4303 and 7512 of this title’’ and inserting ‘‘In 
matters similar to those covered under sub-
chapter II of chapter 75’’. 
SEC. 5. ACTIONS AGAINST SENIOR EXECUTIVES FOR PER-
FORMANCE OR CONDUCT. 
(a) REPEAL OF PAY RETENTION FOR CAREER AP-
POINTEES REMOVED FROM
THE SENIOR EXECUTIVE 
SERVICE.—Section 3594(c)(1)(B) of title 5, United States 
Code, is amended to read as follows: 
‘‘(B)(i) any career appointee placed under sub-
section (a) or (b)(2) of this section shall be entitled 
to receive basic pay at the highest of— 
‘‘(I) the rate of basic pay in effect for the 
position in which placed; 
‘‘(II) the rate of basic pay in effect at the 
time of the placement for the position the ca-
VerDate Sep 11 2014 
23:59 Feb 21, 2025
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H687.IH
H687
ssavage on LAPJG3WLY3PROD with BILLS
reer appointee held in the civil service imme-
diately before being appointed to the Senior Ex-
ecutive Service; or 
‘‘(III) the rate of basic pay in effect for 
the career appointee immediately before being 
placed under subsection (a) or (b) of this sec-
tion; and 
‘‘(ii) any career appointee placed under sub-
section (b)(1) of this section shall be entitled to re-
ceive basic pay at the rate of basic pay in effect for 
the position in which placed; and’’. 
(b) APPRAISAL SYSTEM REQUIREMENTS.—Section 
4314(b) of title 5, United States Code, is amended— 
(1) in paragraph (3), by inserting before the 
semicolon the following: ‘‘or, as warranted, from the 
civil service’’; and 
(2) in paragraph (4), by inserting before the pe-
riod at the end the following: ‘‘or, as warranted, 
from the civil service’’. 
(c) SUSPENSION FOR 14 DAYS OR LESS.—Paragraph 
(1) of section 7501 of title 5, United States Code, is 
amended to read as follows: 
‘‘(1) ‘employee’ means— 
‘‘(A) an individual in the competitive serv-
ice who is not serving a probationary period or 
VerDate Sep 11 2014 
23:59 Feb 21, 2025
Jkt 059200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H687.IH
H687
ssavage on LAPJG3WLY3PROD with BILLS
trial period under an initial appointment or who 
has completed 1 year of current continuous em-
ployment in the same or similar positions under 
other than a temporary appointment limited to 
1 year or less; or 
‘‘(B) a career appointee in the Senior Ex-
ecutive Service who— 
‘‘(i) has completed the probationary 
period prescribed under section 3393(d); or 
‘‘(ii) was covered by the provisions of 
subchapter II of this chapter immediately 
before appointment to the Senior Executive 
Service; and’’. 
(d) MODIFICATION OF CAUSE AND PROCEDURE FOR 
SUSPENSION AND TERMINATION.—Section 7543 of title 
5, United States Code, is amended to read as follows: 
‘‘§ 7543. Cause and procedure 
‘‘(a) Under regulations prescribed by the Office of 
Personnel Management, an agency may take an action 
covered by this subchapter against an employee if the 
agency determines by a preponderance of the evidence the 
performance or misconduct of the employee warrants such 
action. 
VerDate Sep 11 2014 
23:59 Feb 21, 2025
Jkt 059200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H687.IH
H687
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(b) When making an initial decision on an action 
covered by this subchapter, the deciding employee of the 
agency shall exclusively apply the following factors— 
‘‘(1) the nature and seriousness of the offense, 
and its relation to the employee’s duties, position, 
and responsibilities, including whether the offense 
was intentional or technical or inadvertent, or was 
committed maliciously or for gain, or was frequently 
repeated; and 
‘‘(2) the employee’s job level and type of em-
ployment, including supervisory or fiduciary role, 
and prominence of the position. 
‘‘(c) The agency shall review the initial decision and 
uphold such decision if it is supported by substantial evi-
dence. 
‘‘(d)(1)(A) The aggregate period for written notice, 
response, and final decision of actions covered by this sub-
chapter may not exceed 15 business days unless there are 
reasonable causes to believe the employee has committed 
a crime for which a sentence of imprisonment may be im-
posed. 
‘‘(B) The period for which an employee may respond 
to a notice of actions covered by this subchapter in writing 
and to furnish affidavits and other documentary evidence 
in support of the response shall be 7 business days. (2) 
VerDate Sep 11 2014 
23:59 Feb 21, 2025
Jkt 059200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H687.IH
H687
ssavage on LAPJG3WLY3PROD with BILLS
when made orally, the notice of decision and reasons there-
for, and any order effecting an action covered by this sub-
chapter, together with any supporting material, shall be 
maintained by the agency and shall be furnished to the 
Board upon its request. Upon the affected employee’s re-
quest, copies of the documents described in the preceding 
sentence shall be furnished to the employee, to the extent 
those documents were not provided under subsection (c). 
‘‘(i) In this section, the term ‘misconduct’ includes 
neglect of duty, malfeasance, or failure to accept a di-
rected reassignment or to accompany a position in a trans-
fer of function.’’. 
(e) RELATION TO OTHER PROVISIONS OF LAW.— 
Section 3592(b)(1) of title 5, United States Code, deso 
not apply to an action under section 7543(a), as amended 
in subsection (d). 
(f) CONFORMING AMENDMENTS.—Title 5, United 
States Code, is amended— 
(1) in section 3592(b)(2)(B), by striking ‘‘any 
disciplinary action’’ and inserting ‘‘any action under 
section 7543’’; 
(2) in section 3593(a)(2), by striking ‘‘mis-
conduct, neglect of duty, malfeasance,’’ and insert-
ing ‘‘a removal under section 7543’’; 
VerDate Sep 11 2014 
23:59 Feb 21, 2025
Jkt 059200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H687.IH
H687
ssavage on LAPJG3WLY3PROD with BILLS
(3) in section 3594, by adding at the end the 
following: 
‘‘(d) This section shall not apply to any career ap-
pointee who is subject to a personnel action under sub-
chapter V of chapter 75.’’; and 
(4) in section 7542, by striking ‘‘or to a re-
moval under section 3592 or 3595’’ and inserting 
the following: ‘‘to a removal from the Senior Execu-
tive Service under section 3592 of this title, to a re-
duction in force as defined in section 3595(d) of this 
title, or to a transfer of function as described in sec-
tion 3595(e)’’. 
(g) APPLICATION.—The amendments made by this 
section shall not apply to any personnel action under sub-
chapter V of chapter 75 of title 5, United States Code, 
commenced before the effective date of this Act. 
SEC. 6. ACTIONS AGAINST SUPERVISORS FOR PERFORM-
ANCE OR CONDUCT. 
Subchapter II of title 5, United States Code, is 
amended— 
(1) by redesignating sections 7514 and 7515 as 
sections 7516 and 7517, respectively; and 
(2) by inserting after section 7513 the fol-
lowing: 
VerDate Sep 11 2014 
23:59 Feb 21, 2025
Jkt 059200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H687.IH
H687
ssavage on LAPJG3WLY3PROD with BILLS
‘‘§ 7514. Supervisors 
‘‘(a) IN GENERAL.— 
‘‘(1) The agency may take an action covered by 
this subchapter against a supervisor, as defined in 
section 7103(a)(10), if the agency determines by a 
preponderance of the evidence that the performance 
or misconduct of the supervisor warrants such ac-
tion. 
‘‘(2) When making an initial decision on an ac-
tion covered by this subchapter, the deciding em-
ployee of the agency shall exclusively apply the fol-
lowing factors: 
‘‘(A) The nature and seriousness of the of-
fense, and its relation to the supervisor’s duties, 
position, and responsibilities, including whether 
the offense was intentional or technical or inad-
vertent, or was committed maliciously or for 
gain, or was frequently repeated. 
‘‘(B) The supervisor’s job level and type of 
employment, including supervisory or fiduciary 
role, and prominence of the position. 
‘‘(3) The agency shall review the initial decision 
and uphold such decision if it is supported by sub-
stantial evidence. 
‘‘(4) A supervisor against whom an action cov-
ered by this subchapter is proposed is entitled to— 
VerDate Sep 11 2014 
23:59 Feb 21, 2025
Jkt 059200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H687.IH
H687
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(A) a written notice stating the specific 
reasons for the proposed action; 
‘‘(B) be represented by an attorney or 
other representative; and 
‘‘(C) a written decision and the specific 
reasons therefor at the earliest practicable date. 
‘‘(5) The agency may carry out such action cov-
ered by this subchapter without first placing a su-
pervisor on a performance improvement plan. 
‘‘(6) The procedures under chapter 43 shall not 
apply to an action covered by this subchapter. 
‘‘(b) PROCEDURE.—(1)(A) The aggregate period for 
written notice, response, and final decision of actions cov-
ered by this subchapter may not exceed 15 business days 
unless there are reasonable causes to believe the employee 
has committed a crime for which a sentence of imprison-
ment may be imposed. 
‘‘(B) The period for which an employee may respond 
to a notice of actions covered by this subchapter in writing 
and to furnish affidavits and other documentary evidence 
in support of the response shall be 7 business days. 
‘‘(2) The agency shall issue a final decision with re-
spect to a covered action not later than 15 business days 
after the agency provides notice, including a file con-
taining all the evidence in support of the proposed action, 
VerDate Sep 11 2014 
23:59 Feb 21, 2025
Jkt 059200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H687.IH
H687
ssavage on LAPJG3WLY3PROD with BILLS
to the employee. The decision shall be in writing and shall 
include the specific reasons therefor. 
‘‘(c) REDUCTION IN GRADE.— 
‘‘(1) A reduction in grade under subsection (a) 
shall be carried out as a reduction in grade for 
which the covered individual is qualified, that the 
agency determines is appropriate, and that reduces 
the annual rate of pay of the supervisor. 
‘‘(2) Notwithstanding any other provision of 
law, any supervisor subject to a reduction in grade— 
‘‘(A) shall, beginning on the date of such 
demotion, receive the annual rate of pay appli-
cable to such grade; 
‘‘(B) may not be placed on administrative 
leave during the period during which an appeal 
(if any) under this section is ongoing, and may 
only receive pay if the supervisor reports for 
duty or is approved to use accrued unused an-
nual, sick, family medical, military, or court 
leave; and 
‘‘(C) who does not report for duty or re-
ceive approval to use accrued unused leave shall 
not receive pay or other benefits. 
VerDate Sep 11 2014 
23:59 Feb 21, 2025
Jkt 059200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H687.IH
H687
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(d) DEFINITION.—In this section, the term ‘super-
visor’ has the meaning given that term under section 
7103(a).’’. 
SEC. 7. MODIFICATION OF PROCEDURES FOR FURLOUGH. 
(a) FURLOUGH OF 14 DAYS OR LESS; EMERGENCY 
FURLOUGH.—Subchapter I of chapter 75 of title 5, 
United States Code, is amended— 
(1) in section 7501, as amended by section 
5(c),— 
(A) in paragraph (1) by striking ‘‘and’’ at 
the end; 
(B) by redesignating paragraph (2) as 
paragraph (4); and 
(C) by inserting the following after para-
graph (1) the following: 
‘‘(2) ‘furlough’ has the meaning given that term 
in section 7511(a)(5); 
‘‘(3) ‘emergency furlough’ means a furlough 
due to a lapse in appropriations;’’; 
(2) in section 7502, by striking ‘‘This sub-
chapter’’ and all that follows through ‘‘this title.’’ 
and inserting the following: ‘‘This subchapter applies 
to— 
VerDate Sep 11 2014 
23:59 Feb 21, 2025
Jkt 059200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H687.IH
H687
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(B) the procedures to be afforded fur-
loughed employees, including, to the extent ap-
propriate and practicable under the cir-
cumstances of the furlough action— 
‘‘(i) a written notice stating the spe-
cific reasons for the proposed action; 
‘‘(ii) be represented by an attorney or 
other representative; and 
‘‘(iii) a written decision and the spe-
cific reasons therefor at the earliest prac-
ticable date; and 
‘‘(C) the materials that shall be furnished 
to a furloughed employee and the Merit Sys-
tems Protection Board upon request of the em-
ployee or the Board. 
‘‘(b) EMERGENCY FURLOUGH.— 
‘‘(1) IN GENERAL.—An employee may be sub-
ject to an emergency furlough. 
‘‘(2) PROCEDURES.— 
‘‘(A) NOTICE.—Under regulations pre-
scribed by the Office of Personnel Management, 
any employee subject to an emergency furlough 
shall be afforded notice explaining the reasons 
for the emergency furlough. If the notice cannot 
be provided in advance of the emergency fur-
VerDate Sep 11 2014 
23:59 Feb 21, 2025
Jkt 059200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H687.IH
H687
ssavage on LAPJG3WLY3PROD with BILLS
lough, notice shall be provided as soon as rea-
sonably practicable. 
‘‘(B) OTHER PROCEDURES.—No other pro-
cedures, including those provided under sub-
section (a) or any other provision of this title, 
shall be available to any employee subject to an 
emergency furlough under this subsection. 
‘‘(3) DEFINITION.—For the purposes of this 
section, the term ‘employee’ means any employee de-
scribed under section 7501(1).’’. 
(b) FURLOUGH OF MORE THAN 14 DAYS.—Sub-
chapter II of chapter 75 of title 5, United States Code, 
is amended— 
(1) in section 7511(a)(5) by inserting before 
the period the following: ‘‘, but does not include an 
emergency furlough as defined in section 7501 of 
title 5’’. 
(2) in section 7512, as amended by section 
2(c)— 
(A) in paragraph (5) by striking ‘‘a fur-
lough of 30 days or less’’ and inserting ‘‘a fur-
lough of more than 14 days but less than 31 
days’’; 
(B) in subparagraph (D), as redesignated 
by section 2(c), by striking ‘‘or’’ at the end; 
VerDate Sep 11 2014 
23:59 Feb 21, 2025
Jkt 059200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H687.IH
H687
ssavage on LAPJG3WLY3PROD with BILLS
(C) in subparagraph (E), as redesignated 
by section 2(c), by striking the period at the 
end and inserting ‘‘; or’’; and 
(D) by adding at the end the following: 
‘‘(F) an emergency furlough action under 
section 7504.’’; 
(3) by inserting after section 7514, as added by 
section 6, the following: 
‘‘§ 7515. Furlough cause and procedure 
‘‘(a) IN GENERAL.—An employee may be subject to 
a furlough for such cause as will promote the efficiency 
of the service. Any employee furloughed under this section 
is entitled to the procedures established under the regula-
tions promulgated under subsection (b). 
‘‘(b) PROCEDURES.—Not later than 180 days after 
the date of enactment of this section, the Office of Per-
sonnel Management shall promulgate regulations pro-
viding for— 
‘‘(1) the circumstances under which an em-
ployee may be furloughed under this section; 
‘‘(2) the procedures provided under section 
7513 to the extent appropriate and practicable 
under the circumstances of the furlough action; and 
‘‘(3) the materials that shall be furnished to a 
furloughed employee and the Merit Systems Protec-
VerDate Sep 11 2014 
23:59 Feb 21, 2025
Jkt 059200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H687.IH
H687
ssavage on LAPJG3WLY3PROD with BILLS
tion Board upon request of the employee or the 
Board. 
‘‘(c) APPEAL.—An employee against whom a fur-
lough action is taken under this section is entitled to ap-
peal to the Merit Systems Protection Board under section 
7701 not later than 10 business days after the effective 
date of the action.’’. 
(d) 
ADMINISTRATIVE
LAW
JUDGES.—Section 
7521(b) of title 5, United States Code, is amended— 
(1) in subparagraph (B) by striking ‘‘or’’ at the 
end; 
(2) in subparagraph (C) by striking the period 
at the end and inserting ‘‘or’’; and 
(3) by adding at the end the following: 
‘‘(D) an emergency furlough action under 
section 7504.’’. 
(e) TECHNICAL AMENDMENTS.— 
(1) SECTION
7503.—The heading of section 
7503 of title 5, United States Code, is amended by 
striking ‘‘Cause and procedure’’ and inserting 
‘‘Suspension cause and procedure’’,. 
(2) SECTION
7513.—Section 7513 of title 5, 
United States Code, is amended by striking 
‘‘Cause and procedure’’ and inserting ‘‘Cause 
VerDate Sep 11 2014 
23:59 Feb 21, 2025
Jkt 059200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H687.IH
H687
ssavage on LAPJG3WLY3PROD with BILLS
and procedure for actions other than fur-
lough’’. 
(f) CLERICAL AMENDMENTS.— 
(1) SUBCHAPTER I OF CHAPTER 75 OF TITLE 
5.—The table of sections for subchapter I of chapter 
75 of title 5, United States Code, is amended by 
striking the items relating to sections 7503 and 
7504 and inserting the following: 
‘‘7503. Suspension cause and procedure. 
‘‘7504. Furlough and emergency furlough cause and procedure. 
‘‘7505. Regulations.’’. 
(2) SUBCHAPTER II OF CHAPTER 75 OF TITLE 
5.—The table of sections for subchapter II of chap-
ter 75 of title 5, United States Code, is amended by 
striking the items relating to sections 7513 through 
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.’’. 
(g) APPLICATION.—Notwithstanding section 12, the 
amendments made by this section shall take effect on the 
earlier of— 
(1) the date that is 180 days after the date of 
enactment of this Act; or 
(2) the date on which the Office of Personnel 
Management 
promulgates 
regulations 
provided 
VerDate Sep 11 2014 
23:59 Feb 21, 2025
Jkt 059200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H687.IH
H687
ssavage on LAPJG3WLY3PROD with BILLS
under sections 7504 and 7515 of title 5, United 
States Code, as added by this section. 
SEC. 8. REDUCTION OF ANNUITY OF EMPLOYEE CON-
VICTED OF A FELONY FOR WHICH AN AD-
VERSE ACTION IS OR WOULD HAVE BEEN 
TAKEN. 
(a) REDUCTION OF ANNUITY OF EMPLOYEE CON-
VICTED OF A FELONY FOR WHICH AN ADVERSE ACTION 
IS TAKEN.— 
(1) IN GENERAL.—Subchapter II of chapter 83 
of title 5, United States Code, is amended by adding 
at the end the following: 
‘‘§ 8323. Reduction of benefits of employees convicted 
of certain crimes 
‘‘(a) REDUCTION OF ANNUITY.— 
‘‘(1) IN GENERAL.—The felonious service of a 
covered individual shall not be taken into account 
for purposes of calculating an annuity with respect 
to the individual under subchapter III of this chap-
ter or chapter 84 if— 
‘‘(A) the covered individual is finally con-
victed of a felony; and 
‘‘(B) the head of the agency at which the 
individual was employed determines that the 
VerDate Sep 11 2014 
23:59 Feb 21, 2025
Jkt 059200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H687.IH
H687
ssavage on LAPJG3WLY3PROD with BILLS