I 
117TH CONGRESS 
2D SESSION 
H. R. 9409 
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 2, 2022 
Mr. LOUDERMILK introduced the following bill; which was referred to the 
Committee on Oversight and 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 2022’’ or the ‘‘MERIT Act of 2022’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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. 
VerDate Sep 11 2014 
06:10 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
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 ad-
verse 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 Execu-
tive Service. 
Sec. 10. Extension of probationary period for employees in the competitive serv-
ice. 
Sec. 11. 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Code, is repealed.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 11. 
(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’’; 
(C) in section 7512, by striking subpara-
graph (D) and redesignating subparagraphs (E) 
VerDate Sep 11 2014 
06:10 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
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— 
(1) in subsection (b)— 
(A) in paragraph (1)— 
VerDate Sep 11 2014 
06:10 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
(B) by adding at the end the following: 
‘‘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 documents 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 11. 
SEC. 4. PROHIBITION ON GRIEVING ADVERSE ACTIONS 
AND REDUCTIONS IN FORCE. 
Section 7121 of title 5, United States Code, is 
amended— 
VerDate Sep 11 2014 
06:10 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
(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 
(ii) in the second sentence, by striking 
‘‘Similar matters’’ and inserting ‘‘Matters 
similar to those covered under subchapter 
II of chapter 75’’; and 
VerDate Sep 11 2014 
06:10 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
(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-
reer appointee held in the civil service imme-
diately before being appointed to the Senior Ex-
ecutive Service; or 
VerDate Sep 11 2014 
06:10 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
‘‘(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 
trial period under an initial appointment or, ex-
cept as provided in section 1599e of title 10, 
who has completed 1 year of current continuous 
VerDate Sep 11 2014 
06:10 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
employment in the same or similar positions 
under other than a temporary appointment lim-
ited 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— 
(1) by striking subsections (a), (b), and (c) and 
inserting the following: 
‘‘(a) Under regulations prescribed by the Office of 
Personnel Management, an agency may take an action 
covered by this subchapter against an employee only for 
such cause as would promote the efficiency of the service. 
‘‘(b) An employee against whom an action covered by 
this subchapter is proposed is entitled to— 
‘‘(1) written notice 15 business days in advance, 
unless there is reasonable cause to believe the em-
ployee has committed a crime for which a sentence 
VerDate Sep 11 2014 
06:10 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
of imprisonment can be imposed, stating specific 
reasons for the proposed action, and including a file 
containing all the evidence in support of the pro-
posed action; 
‘‘(2) a reasonable time, but not more than 7 
business days, to answer orally and in writing and 
to furnish affidavits and other documentary evidence 
in support of the answer; 
‘‘(3) be represented by an attorney or other 
representative; and 
‘‘(4) a written decision and the specific reasons 
therefor. 
‘‘(c) An agency shall issue the decision not later than 
15 business days after the agency provides notice, to the 
maximum extent practicable, to the employee affected.’’; 
(2) in subsection (d), by inserting before the pe-
riod at the end the following: ‘‘not later than 10 
business days after the effective date of the action’’; 
and 
(3) in subsection (e)— 
(A) by striking ‘‘and to the employee af-
fected upon the employee’s request’’; and 
(B) by adding at the end the following: 
‘‘Upon the affected employee’s request, copies 
of the documents described in the preceding 
VerDate Sep 11 2014 
06:10 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
sentence shall be furnished to the employee, to 
the extent those documents were not provided 
under subsection (c).’’. 
(e) 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’’; 
(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)’’. 
(f) APPLICATION.—The amendments made by this 
section shall not apply to any personnel action under sub-
VerDate Sep 11 2014 
06:10 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
chapter V of chapter 75 of title 5, United States Code, 
commenced before the effective date provided in section 
11. 
SEC. 6. MODIFICATION OF PROCEDURES FOR FURLOUGH. 
(a) GENERAL FURLOUGH OF 14 DAYS OR LESS; 
FURLOUGH DUE TO LAPSE IN APPROPRIATIONS.—Sub-
chapter 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 (5); and 
(C) by inserting after paragraph (1) the 
following: 
‘‘(2) ‘furlough’ has the meaning given that term 
in section 7511(a)(5); 
‘‘(3) ‘furlough due to lapse in appropriations’ 
means a furlough due to a lapse in appropriations; 
‘‘(4) ‘general furlough’ means a furlough that is 
not due to a lapse in appropriations; and’’; 
(2) in section 7502, by striking ‘‘This sub-
chapter’’ and all that follows through ‘‘this title.’’ 
VerDate Sep 11 2014 
21:20 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
and inserting the following: ‘‘This subchapter applies 
to— 
‘‘(1) a suspension for 14 days or less, but not 
a suspension under section 7521 or 7532 or any ac-
tion initiated under section 1215; 
‘‘(2) a general furlough for 14 days or less; and 
‘‘(3) a furlough due to lapse in appropriations 
of any duration.’’; 
(3) by redesignating section 7504 as section 
7505; and 
(4) by inserting after section 7503 the fol-
lowing: 
‘‘§ 7504. Furlough cause and procedure 
‘‘(a) GENERAL FURLOUGH.— 
‘‘(1) IN GENERAL.—An employee may be sub-
ject to a general furlough for such cause as will pro-
mote the efficiency of the service. Any employee fur-
loughed under this subsection is entitled to the pro-
cedures established under the regulations promul-
gated under paragraph (2). 
‘‘(2) PROCEDURES.—Not later than 180 days 
after the date of enactment of this section, the Of-
fice of Personnel Management shall promulgate reg-
ulations providing for— 
VerDate Sep 11 2014 
06:10 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
‘‘(A) the circumstances under which an 
employee may be furloughed under this sub-
section; 
‘‘(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) advanced notice stating the spe-
cific reasons for the proposed furlough; 
‘‘(ii) a reasonable time to answer oral-
ly and in writing and to furnish affidavits 
and other documentary evidence in support 
of the answer; 
‘‘(iii) representation by an attorney or 
other representative; and 
‘‘(iv) a written decision and specific 
reasons therefor at the earliest practicable 
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) FURLOUGH DUE
TO LAPSE
IN APPROPRIA-
TIONS.— 
VerDate Sep 11 2014 
21:20 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
‘‘(1) IN GENERAL.—An employee may be sub-
ject to a furlough due to lapse in appropriations. 
‘‘(2) PROCEDURES.— 
‘‘(A) NOTICE.—Under regulations pre-
scribed by the Office of Personnel Management, 
any employee subject to a furlough due to lapse 
in appropriations shall be afforded notice ex-
plaining the reasons for the furlough. If the no-
tice cannot be provided in advance of the fur-
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 a 
furlough due to lapse in appropriations under 
this subsection. 
‘‘(c) DEFINITION.—For purposes of this section, the 
term ‘employee’ means any employee described under sec-
tion 7501(1)(A).’’. 
(b) GENERAL
FURLOUGH
OF
MORE
THAN
DAYS.—Subchapter II of chapter 75 of title 5, United 
States Code, is amended— 
(1) in section 7511(a)— 
VerDate Sep 11 2014 
06:10 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
(A) in paragraph (4), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (5), by striking the pe-
riod at the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(6) ‘furlough due to lapse in appropriations’ 
means a furlough due to a lapse in appropriations; 
and 
‘‘(7) ‘general furlough’ means a furlough that is 
not due to a lapse in appropriations.’’; 
(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 gen-
eral furlough 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; 
(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) a furlough due to lapse in appropriations 
action under section 7504.’’; 
VerDate Sep 11 2014 
06:10 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
(3) in section 7513(a), by striking ‘‘an action 
covered by this subchapter’’ and inserting ‘‘an action 
described in paragraphs (1) through (4) of section 
7512’’; and 
(4) by inserting after section 7515 the fol-
lowing: 
‘‘§ 7516. General furlough cause and procedure 
‘‘(a) IN GENERAL.—An employee may be subject to 
a general furlough for such cause as will promote the effi-
ciency of the service. An employee furloughed under this 
section is entitled to the procedures established under the 
regulations 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; and 
‘‘(3) the materials that shall be furnished to a 
furloughed employee and the Merit Systems Protec-
tion Board upon request of the employee or the 
Board. 
VerDate Sep 11 2014 
06:10 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
‘‘(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.’’. 
(c) 
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) a furlough due to lapse in appropriations 
action under section 7504.’’. 
(d) 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.—The heading of section 
7513 of title 5, United States Code, is amended by 
striking ‘‘Cause and procedure’’ and inserting 
‘‘Cause and procedure for actions other 
than furlough’’. 
(e) CLERICAL AMENDMENTS.— 
VerDate Sep 11 2014 
06:10 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
(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 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— 
(A) by striking the item relating to section 
7513 and inserting the following: 
‘‘7513. Cause and procedure for actions other than furlough.’’; 
and 
(B) by inserting after the item relating to 
section 7515 the following: 
‘‘7516. General furlough cause and procedure.’’. 
(f) APPLICATION.—Notwithstanding section 11, 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 under sections 
7504 and 7516 of title 5, United States Code, as 
added by this section. 
VerDate Sep 11 2014 
06:10 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
SEC. 7. 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 
conviction was based on the acts or omissions 
of the covered individual that— 
VerDate Sep 11 2014 
06:10 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
‘‘(i) were taken or not taken in the 
performance of the covered individual’s of-
ficial duties at the agency; and 
‘‘(ii) are sufficient to support a re-
moval action under section 7513, 7543, or 
any other provision of law against the cov-
ered individual. 
‘‘(2) 
PROCEDURES.—A 
covered 
individual 
against whom a determination is made under para-
graph (1) shall be afforded— 
‘‘(A) notice of the determination not later 
than 15 business days in advance of a final 
order under paragraph (3); and 
‘‘(B) an opportunity to respond to the de-
termination by not later than 10 business days 
after receipt of the notice. 
‘‘(3) FINAL ORDER.—The head of the agency 
shall issue a final order to carry out paragraph (1) 
not later than— 
‘‘(A) in the case of a covered individual 
who responds under paragraph (2)(B), 5 busi-
ness days after receiving the response from the 
covered individual, to the maximum extent 
practicable; or 
VerDate Sep 11 2014 
06:10 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
‘‘(B) in the case of a covered individual 
who does not so respond, 15 business days after 
the date on which the head of the agency pro-
vided notice to the individual under paragraph 
(2)(A), to the maximum extent practicable. 
‘‘(4) APPEAL.—A covered individual with re-
spect to whom an annuity is to be reduced under 
this subsection may appeal the final order under 
paragraph (3) to the Merit Systems Protection 
Board in accordance with any regulations that the 
Board may prescribe for purposes of this subsection. 
An appeal may not be made under this paragraph 
later than that date that is 10 business days after 
the date on which an order is issued under para-
graph (3). 
‘‘(b) ADMINISTRATIVE REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Not later than 30 business 
days after the date on which the head of an agency 
issues a final order under subsection (a) or a final 
decision of the Merit Systems Protection Board is 
rendered (as the case may be) with respect to an in-
dividual, the applicable employing agency shall 
amend the covered individual’s retirement records to 
reflect the period of service that is no longer cred-
itable by operation of this section and transmit the 
VerDate Sep 11 2014 
06:10 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
amended records to the Director of the Office of 
Personnel Management. 
‘‘(2) ANNUITANTS.—With respect to any cov-
ered individual who is an annuitant on the date on 
which a final order is so issued, the Director of the 
Office of Personnel Management shall, not later 
than 30 business days after the receipt of amended 
retirement records from an agency under paragraph 
(1), recalculate the annuity of the annuitant. 
‘‘(c) LUMP-SUM ANNUITY CREDIT.—A covered indi-
vidual with respect to whom an annuity is reduced under 
subsection (a) shall be entitled to be paid so much of the 
individual’s lump-sum credit as is attributable to the pe-
riod of felonious service. 
‘‘(d) SPOUSE EXCEPTION.—The spouse of any cov-
ered individual referred to in subsection (a) shall be eligi-
ble for spousal annuity benefits that, but for subsection 
(a), would otherwise have been payable if the Attorney 
General of the United States or the attorney general of 
a State, a territory, or the District of Columbia determines 
that the spouse fully cooperated with authorities in the 
conduct of a criminal investigation and subsequent pros-
ecution of the individual that resulted in the benefit reduc-
tion. 
VerDate Sep 11 2014 
06:10 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
‘‘(e) APPLICATION.—Nothing in this section shall be 
construed to affect or otherwise mitigate the application 
of any other section of this subchapter. 
‘‘(f) DEFINITIONS.—In this section— 
‘‘(1) the term ‘covered individual’ means— 
‘‘(A) an individual who is removed from a 
position as an employee (as defined in section 
2105) in the civil service for performance or 
misconduct under section 7513, 7543, or any 
other provision of law; or 
‘‘(B) an individual who— 
‘‘(i) is an employee (as defined in sec-
tion 2105) subject to a removal action for 
performance or misconduct under section 
7513, 7543, or any other provision of law; 
and 
‘‘(ii) voluntarily separates from service 
with the employing agency prior to the 
issuance of a final decision with respect to 
the removal action; 
‘‘(2) the term ‘felonious service’ means, with re-
spect to a covered individual, the period of service— 
‘‘(A) beginning on the date on which the 
head of the employing agency determines that 
the individual commenced engaging in the acts 
VerDate Sep 11 2014 
06:10 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
or omissions that gave rise to the removal ac-
tion or proposed removal action described in 
paragraph (1); and 
‘‘(B) ending on the date that is the earlier 
of— 
‘‘(i) the date on which the individual 
is removed from or voluntarily separates 
from a position at the agency; or 
‘‘(ii) the date on which the individual 
ceases engaging in the acts or omissions 
that gave rise to the removal action or pro-
posed removal action described in para-
graph (1); 
‘‘(3) the term ‘finally convicted’ or ‘final convic-
tion’ refers to a conviction of a felony— 
‘‘(A) that has not been appealed and is no 
longer appealable because the time for taking 
an appeal has expired; or 
‘‘(B) that has been appealed and the ap-
peals process for which is completed; 
‘‘(4) the term ‘lump-sum credit’ has the mean-
ing given that term in section 8331(8) or 8401(19) 
(as the case may be); and 
VerDate Sep 11 2014 
06:10 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
‘‘(5) the term ‘service’ has the meaning given 
that term in section 8331(12) or 8401(26) (as the 
case may be).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for 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.’’. 
(b) APPLICATION.—Section 8323 of title 5, United 
States Code, as added by subsection (a), shall apply to 
acts or omissions described in subsection (a)(1)(B) of that 
section occurring after the date of enactment of this Act. 
(c) REGULATIONS.—The Office of Personnel Man-
agement may prescribe regulations to carry out this sec-
tion and the amendments made by this section. 
SEC. 8. AUTHORITY TO RECOUP BONUSES OR AWARDS 
PAID TO EMPLOYEES. 
(a) AUTHORITY.— 
(1) IN GENERAL.—Chapter 45 of title 5, United 
States Code, is amended by adding at the end the 
following: 
VerDate Sep 11 2014 
06:10 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
‘‘SUBCHAPTER IV—REPAYMENT OF BONUSES 
OR AWARDS 
‘‘§ 4531. Recoupment of bonuses or awards paid to 
employees 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, and except as provided in subsection (c), 
the head of an agency may issue an order directing an 
employee or former employee of the agency to repay the 
amount, or a portion of the amount, of any award or 
bonus paid to the employee under this title, including 
under this chapter or section 5384, 5753, or 5754, if— 
‘‘(1) the agency head determines by clear and 
convincing evidence that— 
‘‘(A) the employee or former employee en-
gaged in misconduct or unsatisfactory perform-
ance prior to payment of the award or bonus; 
and 
‘‘(B) the award or bonus would not have 
been paid, in whole or in part, had the mis-
conduct or unsatisfactory performance de-
scribed in subparagraph (A) been known by the 
agency prior to payment; 
‘‘(2) before the repayment, the employee or 
former employee is afforded— 
VerDate Sep 11 2014 
06:10 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
‘‘(A) notice of the determination not later 
than 15 business days in advance of a final 
order under this subsection; and 
‘‘(B) an opportunity to respond to the pro-
posed order by not later than 10 business days 
after the receipt of the notice; and 
‘‘(3) the agency head issues the order not later 
than— 
‘‘(A) in the case of a proposed order to 
which an employee or former employee responds 
under paragraph (2)(B), 5 business days after 
receiving the response of the employee or 
former employee (as the case may be), to the 
maximum extent practicable; or 
‘‘(B) in the case of a proposed order to 
which an employee or former employee does not 
respond, 15 business days after the agency 
head provides notice to the employee or former 
employee (as the case may be) under paragraph 
(2)(A), to the maximum extent practicable. 
‘‘(b) RECRUITMENT, RELOCATION, OR RETENTION 
BONUS.— 
‘‘(1) IN GENERAL.—In addition to ordering an 
employee to repay any payments received under a 
service agreement under subsection (a), the head of 
VerDate Sep 11 2014 
06:10 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
an agency shall terminate a recruitment, relocation, 
or retention service agreement and make no further 
recruitment, relocation, or retention bonus payments 
under the agreement. 
‘‘(2) APPLICATION.—A bonus repayment order 
or a termination or withholding of a bonus payment 
under this subsection shall supersede any other 
bonus payment or repayment requirement estab-
lished by law or regulation. 
‘‘(c) OFFICE OF SPECIAL COUNSEL FILING.—If an 
employee or former employee has filed a claim with the 
Office of Special Counsel, an agency seeking repayment 
of any bonus or award from the employee or former em-
ployee shall provide the Office with notice of intent to seek 
repayment, and the repayment order shall not be effective 
unless and until the Office approves the order. 
‘‘(d) APPEAL.—Upon the issuance of an order by an 
agency head under subsection (a) with respect to an em-
ployee or former employee, the employee or former em-
ployee (as the case may be) shall have an opportunity to 
appeal the order to the Merit Systems Protection Board 
under section 7701 not later than 10 business days after 
the date of the issuance.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 45 of title 5, United States Code, 
VerDate Sep 11 2014 
06:10 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
is amended by adding after the item relating to sec-
tion 4523 the following: 
‘‘SUBCHAPTER IV—REPAYMENT OF BONUSES OR AWARDS 
‘‘4531. Recoupment of bonuses or awards paid to employees.’’. 
(b) OTHER BONUSES OR AWARDS.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, a bonus or award to an employee 
(as that term is defined in section 2105 of title 5, 
United States Code) that is similar to a bonus or 
award covered by section 4531 of that title (as 
added by subsection (a)) shall be subject to the re-
quirements in such section 4531. The head of the 
applicable agency shall ensure that such section 
4531 shall apply to employees of that agency. 
(2) APPLICATION.—An employee covered by 
such section 4531 by operation of paragraph (1) 
may not appeal any decision regarding a bonus 
under that section or paragraph to the Merit Sys-
tems Protection Board if the employee is not other-
wise authorized by law to appeal to the Board. 
(c) SERVICE AGREEMENTS.— 
(1) IN GENERAL.—The Director of the Office of 
Personnel Management shall direct each agency (as 
that term is defined in section 4501(1) of title 5, 
United States Code) to incorporate into service 
agreements entered into after the date of enactment 
VerDate Sep 11 2014 
06:10 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
of this Act under sections 5753 and 5754 of that 
title terms addressing the conditions under which 
the agreement and bonus payments shall be termi-
nated and employees may be required to repay bonus 
payments under such section 4531. 
(2) CONFORMING
AMENDMENTS.—Subchapter 
IV of chapter 57 of title 5, United States Code, is 
amended— 
(A) in section 5753(c)(2)(A)— 
(i) in clause (iii), by striking ‘‘and’’ at 
the end; 
(ii) by redesignating clause (iv) as 
clause (v); and 
(iii) by inserting after clause (iii) the 
following: 
‘‘(iv) notwithstanding any additional bonus pay-
ment and service agreement termination require-
ments under this subsection, the conditions under 
which— 
‘‘(I) the agreement and bonus payments 
shall be terminated under section 4531; and 
‘‘(II) the employee may be required to 
repay bonus payments under section 4531 dur-
ing or after the completion of the service pe-
riod; and’’; and 
VerDate Sep 11 2014 
06:10 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
(B) in section 5754(d)— 
(i) in paragraph (2)(A)— 
(I) in clause (iii), by striking 
‘‘and’’ at the end; 
(II) by redesignating clause (iv) 
as clause (v); and 
(III) by inserting after clause 
(iii) the following: 
‘‘(iv) notwithstanding any additional bonus pay-
ment and service agreement termination require-
ments under this subsection, the conditions under 
which— 
‘‘(I) the agreement and bonus payments 
shall be terminated under section 4531; and 
‘‘(II) the employee may be required to 
repay bonus payments under section 4531 dur-
ing or after the completion of the service pe-
riod; and’’; 
(ii) by striking paragraph (3); and 
(iii) by redesignating paragraph (4) as 
paragraph (3). 
(d) REGULATIONS.—Not later than 1 year after the 
date of enactment of this Act, the Director of the Office 
of Personnel Management shall issue any regulations nec-
VerDate Sep 11 2014 
06:10 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
essary to carry out section 4531 of title 5, United States 
Code, as added by subsection (a). 
(e) EFFECTIVE DATE.—Section 4531 of title 5, 
United States Code, as added by subsection (a), shall 
apply with respect to an award or bonus authorized by 
an agency to an employee of the agency on or after the 
effective date provided in section 11 of this Act. 
SEC. 9. EXTENSION OF PROBATIONARY PERIOD FOR POSI-
TIONS 
WITHIN 
THE 
SENIOR 
EXECUTIVE 
SERVICE. 
(a) IN GENERAL.—Section 3393(d) of title 5, United 
States Code, is amended by striking ‘‘1-year’’ and insert-
ing ‘‘2-year’’. 
(b) CONFORMING AMENDMENT.—Section 3592(a)(1) 
of title 5, United States Code, is amended by striking ‘‘1- 
year’’ and inserting ‘‘2-year’’. 
(c) APPLICATION.—The amendments made by this 
section shall apply in the case of any individual initially 
appointed as a career appointee under section 3393 of title 
5, United States Code, on or after the effective date pro-
vided in section 11 of this Act. 
SEC. 10. EXTENSION OF PROBATIONARY PERIOD FOR EM-
PLOYEES IN THE COMPETITIVE SERVICE. 
(a) EXTENSION OF PROBATIONARY PERIOD.— 
VerDate Sep 11 2014 
06:10 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS
(1) IN
GENERAL.—Section 3321 of title 5, 
United States Code, is amended— 
(A) in subsection (a), by striking ‘‘The 
President’’ and inserting ‘‘Subject to sub-
sections (c) and (d), the President’’; 
(B) by redesignating subsection (c) as sub-
section (e); and 
(C) by inserting after subsection (b) the 
following: 
‘‘(c)(1) The length of a probationary period estab-
lished under paragraph (1) or (2) of subsection (a) shall— 
‘‘(A) with respect to any position that requires 
formal training, begin on the date of the appoint-
ment to the position and end on the date that is 2 
years after the date on which the formal training is 
completed; 
‘‘(B) with respect to any position that requires 
a license, begin on the date of the appointment to 
the position and end on the date that is 2 years 
after the date of the appointment or the date on 
which the license is granted, whichever is later; and 
‘‘(C) with respect to any position not covered by 
subparagraph (A) or (B), be a period of 2 years be-
ginning on the date of the appointment to the posi-
tion. 
VerDate Sep 11 2014 
06:10 Dec 08, 2022
Jkt 039200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H9409.IH
H9409
kjohnson on DSK79L0C42PROD with BILLS