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 re-
ferred 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Modern Employment 
Reform, Improvement, and Transformation Act of 2017’’ 
or the ‘‘MERIT Act of 2017’’. 
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SEC. 2. ALTERNATIVE REMOVAL FOR PERFORMANCE OR 
MISCONDUCT. 
(a) IN GENERAL.—Chapter 75 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘SUBCHAPTER VI—ALTERNATIVE REMOVAL 
FOR PERFORMANCE OR MISCONDUCT 
‘‘§ 7551. Removal for performance or misconduct 
‘‘(a) IN GENERAL.—The head of an agency may re-
move an employee from the civil service if the head deter-
mines the performance or misconduct of the individual 
warrants such removal. 
‘‘(b) PROCEDURE.—(1) Not less than 7 days and not 
more than 21 days before taking a personnel action de-
scribed in subsection (a) against an employee, the head 
of the applicable agency shall provide the employee with— 
‘‘(A) notice in writing of the proposed personnel 
action, including the reasons for such action and in-
cluding the forecasted final date of employment; and 
‘‘(B) an opportunity to respond to the proposed 
personnel action within the remaining employment 
period beginning on the date of receipt of notice. 
‘‘(2)(A) Subject to subparagraph (B), any removal 
under subsection (a) may be appealed to the Merit Sys-
tems Protection Board under section 7701. 
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‘‘(B) An appeal under subparagraph (A) of a removal 
may only be made if such appeal is made not later than 
7 days after the date of such removal. 
‘‘(3) No procedures under section 7513(b) or section 
7543(b) may be applied to a removal or under this section. 
‘‘(c) EXPEDITED REVIEW BY MERIT SYSTEMS PRO-
TECTION BOARD.—(1) Upon receipt of an appeal under 
subsection (b)(2)(A), the Merit Systems Protection Board 
shall issue a decision not later than 30 days after the date 
of the appeal. 
‘‘(2) Notwithstanding section 7701(c)(1)(B), the 
Merit Systems Protection Board shall uphold the decision 
of the head to remove an employee under subsection (a) 
if the decision is supported by substantial evidence. 
‘‘(3) In any case in which the Merit Systems Protec-
tion Board judge cannot issue a decision in accordance 
with the 30-day requirement under paragraph (1), the re-
moval is final. In such a case, the Merit Systems Protec-
tion Board shall, within 14 days after the date that such 
removal is final, submit to Congress, the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate, and the Committee on Oversight and Government Re-
form of the House of Representatives a report that ex-
plains the reasons why a decision was not issued in accord-
ance with such requirement. 
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‘‘(4) The Merit Systems Protection Board may not 
stay any removal under this section unless the basis for 
the appeal of such removal is a violation of paragraph (8) 
or (9) of section 2302(b). 
‘‘(5) During the period beginning on the date on 
which an individual appeals a removal from the civil serv-
ice under subsection (b)(2)(A) and ending on the date that 
the Merit Systems Protection Board issues a final decision 
on such appeal, such individual may not receive any pay, 
awards, bonuses, incentives, allowances, differentials, stu-
dent loan repayments, special payments, or benefits. 
‘‘(6) To the maximum extent practicable, the head 
shall provide to the Merit Systems Protection Board such 
information and assistance as may be necessary to ensure 
an appeal under this subsection is expedited. 
‘‘(d) ADDITIONAL AUTHORITY.—The authority pro-
vided by this section is in addition to the authority other-
wise provided under this chapter. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘employee’ means any individual 
covered by subchapter II or V of this chapter. 
‘‘(2) The term ‘misconduct’ includes neglect of 
duty, malfeasance, failure to accept a directed reas-
signment, the commitment of a prohibited personnel 
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practice, a violation of protocol, and failure to ac-
company a position in a transfer of function.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 75 of title 5, United States Code, is 
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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