I 
116TH CONGRESS 
1ST SESSION H. R. 3348 
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 
JUNE 19, 2019 
Mr. LOUDERMILK (for himself, Mr. MITCHELL, Mr. HICE of Georgia, Mr. 
HIGGINS of Louisiana, Mr. NORMAN, Mr. ALLEN, Mr. BABIN, Mr. WALK-
ER, Mr. GREEN of Tennessee, Mr. JOYCE of Pennsylvania, Mr. CHABOT, 
Mr. BANKS, Mr. GROTHMAN, Mr. MCCLINTOCK, Mr. HILL of Arkansas, 
Mr. GIANFORTE, and Mr. FLORES) 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 2019’’ or the ‘‘MERIT Act of 2019’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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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. 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Code, is repealed.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) 
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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)— 
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(i) by striking ‘‘at least 30 days’ ad-
vance written notice’’ and inserting ‘‘writ-
ten notice 15 business days in advance’’; 
and 
(ii) by inserting before the semicolon 
at the end the following: ‘‘, and including 
a file containing all the evidence in support 
of the proposed action’’; 
(B) in paragraph (2), by striking ‘‘but not 
less than 7 days’’ and inserting ‘‘but not more 
than 7 business days’’; and 
(C) in paragraph (4), by striking ‘‘at the 
earliest practicable date’’; 
(2) by amending subsection (c) to read as fol-
lows: 
‘‘(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.’’; 
(3) 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 
(4) in subsection (e)— 
(A) by striking ‘‘and to the employee af-
fected upon the employee’s request’’; and 
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(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— 
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(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 
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(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 
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‘‘(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 
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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 
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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 
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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-
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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.’’ 
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(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. 
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