I 
115TH CONGRESS 
1ST SESSION H. R. 3257 
To provide certain reforms to promote accountability and efficiency in the 
civil service, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 14, 2017 
Mr. ROKITA (for himself, Mr. BRAT, Mr. LOUDERMILK, and Mr. SMITH of 
Missouri) introduced the following bill; which was referred to the Com-
mittee on Oversight and Government Reform 
A BILL 
To provide certain reforms to promote accountability and 
efficiency in the civil service, and for other purposes. 
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 
‘‘Promote Accountability and Government Efficiency 
Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. At-will employment status for new Federal employees. 
Sec. 3. Immediate suspension of employees for misconduct or poor performance. 
Sec. 4. Limitation on appeal rights. 
VerDate Sep 11 2014 
04:35 Jul 22, 2017
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H3257.IH
H3257
rfrederick on DSKBBXCHB2PROD with BILLS
Sec. 5. Restriction of pay raises. 
Sec. 6. Forfeiture of CSRS or FERS annuity for any employee convicted of a 
felony. 
Sec. 7. Transfer from Senior Executive Service to General Schedule. 
Sec. 8. Limitation on official time and use of Government resources in carrying 
out union activities. 
SEC. 2. AT-WILL EMPLOYMENT STATUS FOR NEW FEDERAL 
EMPLOYEES. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, any employee in the civil service hired on or 
after the date that is 1 year after the date of enactment 
of this Act shall be hired on an at-will basis. Such an em-
ployee may be removed or suspended, without notice or 
right to appeal, from service by the head of the agency 
at which such employee is employed for good cause, bad 
cause, or no cause at all. 
(b) CLARIFICATION
OF
EMPLOYMENT
PROTEC-
TIONS.— 
(1) IN
GENERAL.—Notwithstanding the re-
quirements of subsection (a) and consistent with 
paragraph (2), this Act shall not be construed to ex-
tinguish or lessen any right or remedy available to 
any employee or applicant for employment in the 
civil service covered by subsection (a) under any law 
listed in paragraph (3). 
(2) LIMITATION.—No employee or applicant for 
employment in the civil service may be awarded by 
any court a remedy (including damages, costs, or at-
VerDate Sep 11 2014 
04:35 Jul 22, 2017
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3257.IH
H3257
rfrederick on DSKBBXCHB2PROD with BILLS
torney fees) under any of the provisions of law listed 
in paragraph (3) in a dollar amount that, in the ag-
gregate, exceeds $50,000. 
(3) COVERED LAWS.—The provisions of law ref-
erenced in paragraphs (1) and (2) are as follows: 
(A) Title VII of the Civil Rights Act of 
1964 (42 U.S.C. 2000e et seq.), prohibiting dis-
crimination on the basis of race, color, religion, 
sex, or national origin. 
(B) The Age Discrimination in Employ-
ment Act of 1967 (29 U.S.C. 621 et seq.), pro-
hibiting discrimination on the basis of age. 
(C) The Fair Labor Standards Act of 
1938 (29 U.S.C. 201 et seq.), prohibiting dis-
crimination on the basis of sex. 
(D) The Rehabilitation Act of 1973 (29 
U.S.C. 701 et seq.), prohibiting discrimination 
on the basis of handicapping condition. 
(E) The Whistleblower Protection En-
hancement Act of 2012 (Public Law 112–199). 
(F) The provisions of any law, rule, or reg-
ulation prohibiting discrimination on the basis 
of marital status or political affiliation. 
VerDate Sep 11 2014 
04:35 Jul 22, 2017
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3257.IH
H3257
rfrederick on DSKBBXCHB2PROD with BILLS
(G) The Congressional Accountability Act 
of 1995, in the case of employees of the legisla-
tive branch who are subject to such Act. 
(H) The protections relating to prohibited 
personnel practices (as that term is defined in 
section 2302 of title 5, United States Code). 
(I) Any law protecting the employment 
rights of veterans. 
(4) COLLECTIVE
BARGAINING.—No collective 
bargaining unit may be awarded by any court any 
remedy (including damages, costs, or attorney fees) 
for any breach of such agreement in an amount that 
exceeds $10,000 per occurrence, or $300,000 in any 
given calendar year, whichever is least. 
(5) ENFORCEMENT.—To the extent any remedy 
of damages, costs, or attorney fees are awarded by 
a court in an amount that is in excess of the limits 
of this section, the amount awarded in excess shall 
be rendered null, void, and unenforceable. Efforts by 
an employee, applicant for employment, or collective 
bargaining unit or its members or legal counsel to 
seek to collect in excess of the statutory amounts, or 
efforts by any member of an agency to award a rem-
edy in excess of these statutory amounts, shall be 
grounds for immediate separation of the employee or 
VerDate Sep 11 2014 
04:35 Jul 22, 2017
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3257.IH
H3257
rfrederick on DSKBBXCHB2PROD with BILLS
agency personnel, termination of the applicable col-
lective bargaining agreement, and a prohibition on 
hiring such an applicant for a period of 5 years be-
ginning on the date of the collection effort in excess. 
(c) APPEAL.— 
(1) IN GENERAL.—Any employee or applicant 
for employment who is subject to subsection (a) and 
who seeks a remedy under any law listed in sub-
section (b)(2) with respect to an adverse personnel 
action may appeal under the procedures set forth in 
title 5, United States Code, including appealing such 
action to the Merit Systems Protection Board or the 
Office of the Special Counsel. 
(2) LIMITATION.—An employee or applicant for 
employment may appeal an adverse personnel action 
only to a single agency, and may not thereafter 
bring any appeal pertaining to such dismissal before 
any other agency. An employee or applicant for em-
ployment who files multiple appeals of an adverse 
personnel action shall have any remedy for the claim 
limited to not more than $1000 in the aggregate (in-
cluding damages, costs, or attorney fees). 
(d) APPLICATION.—This section shall apply with re-
spect to any employee hired, or any individual who be-
VerDate Sep 11 2014 
04:35 Jul 22, 2017
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3257.IH
H3257
rfrederick on DSKBBXCHB2PROD with BILLS
comes an applicant for employment, on or after the date 
that is 1 year after the date of enactment of this Act. 
(e) REGULATIONS.—Not later than 180 days after 
the date of enactment of this section, each agency or in-
strumentality of the Government to which this section ap-
plies shall develop operating standards consistent with the 
requirements of this section, including standards with re-
spect to— 
(1) notifying any employee hired on or after 
date specified in subsection (a) that such employee 
is an at-will employee; 
(2) determining which senior positions within 
such agency or instrumentality have the authority to 
separate an at-will employee from service; and 
(3) ensuring adequate oversight is in place to 
ensure that any separation of an at-will employee is 
not a result of discrimination or other violation of 
any law listed under subsection (b). 
(f) REGULATIONS.—Not later than 180 days after 
the date of enactment of this section, each agency or in-
strumentality of the Federal Government to which this 
section applies shall develop operating standards con-
sistent with the requirements of this section, including 
standards with respect to— 
VerDate Sep 11 2014 
04:35 Jul 22, 2017
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3257.IH
H3257
rfrederick on DSKBBXCHB2PROD with BILLS
(1) notifying any employee hired on or after 
date specified in subsection (a) that such employee 
is an at-will employee; 
(2) determining which senior positions within 
such agency or instrumentality have the authority to 
separate an at-will employee from service; and 
(3) ensuring adequate oversight is in place to 
ensure that any separation of an at-will employee is 
not a result of discrimination or other violation of 
any law listed under subsection (b). 
(g) DEFINITIONS.—In this section: 
(1) CIVIL SERVICE.—The term ‘‘civil service’’ 
has the meaning given such term in section 2101 of 
title 5, United States Code. 
(2) EMPLOYEE.—The term ‘‘employee’’ has the 
meaning given such term in section 2105 of such 
title, and includes any officer or employee of the 
United States Postal Service or the Postal Regu-
latory Commission. 
(3) PERSONNEL ACTION.—The term ‘‘personnel 
action’’ has the meaning given such term in section 
2302(a)(2)(A) of such title. 
(4) VETERAN.—The term ‘‘veteran’’ has the 
meaning given that term under section 2108(1) of 
such title. 
VerDate Sep 11 2014 
04:35 Jul 22, 2017
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3257.IH
H3257
rfrederick on DSKBBXCHB2PROD with BILLS
SEC. 3. IMMEDIATE SUSPENSION OF EMPLOYEES FOR MIS-
CONDUCT OR POOR PERFORMANCE. 
(a) IN GENERAL.—Chapter 75 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘SUBCHAPTER VI—IMMEDIATE SUSPENSION 
FOR MISCONDUCT OR POOR PERFORMANCE 
‘‘§ 7551. Definitions 
‘‘In this subchapter— 
‘‘(1) the term ‘employee’ has the meaning given 
such term in section 7501(1) and includes any em-
ployee of the United States Postal Service or the 
Postal Regulatory Commission, but does not include 
any at-will employee (as determined under section 2 
of the Promote Accountability and Government Effi-
ciency Act); and 
‘‘(2) the term ‘suspend’ means the placing of 
any employee, for misconduct or poor performance, 
in a temporary status without duties. 
‘‘§ 7552. Immediate suspension for misconduct or 
poor performance 
‘‘(a) Under regulations prescribed by the Office of 
Personnel Management, the head of an agency may sus-
pend (with or without pay) an employee of such agency 
if the head determines that the misconduct or performance 
VerDate Sep 11 2014 
04:35 Jul 22, 2017
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3257.IH
H3257
rfrederick on DSKBBXCHB2PROD with BILLS
of the employee warrants such suspension. The period of 
any such suspension shall be determined by the head. 
‘‘(b) An employee who is suspended under subsection 
(a) is entitled, after suspension, to— 
‘‘(1) a written notice, not later than 10 days 
after the first day of such suspension, stating the 
specific reasons for the suspension; 
‘‘(2) a reasonable time, but not less than 10 
days, to answer orally and in writing and to furnish 
affidavits and other documentary evidence in sup-
port of the answer; 
‘‘(3) be represented by an attorney or other 
representative; and 
‘‘(4) a review of the case by the agency head 
and a written final decision and the specific reasons 
therefor at the earliest practicable date. 
‘‘(c) An employee against whom an action is taken 
under this section is entitled to appeal to the merit sys-
tems Protection Board under section 7701 of this title. 
During such appeal, the Merit Systems Protection Board 
may not take any action to reinstate the employee to the 
position of employment from which such employee is sus-
pended until the date of the final decision of such appeal. 
‘‘(d) Copies of the notice of proposed action, the an-
swer of the employee if written, a summary thereof if 
VerDate Sep 11 2014 
04:35 Jul 22, 2017
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3257.IH
H3257
rfrederick on DSKBBXCHB2PROD with BILLS
made orally, the notice of decision and reasons therefor, 
and any order affecting the suspension, together with any 
supporting material, shall be maintained by the agency 
and shall be furnished to the Merit Systems Protection 
Board upon its request and to the employee affected upon 
the employee’s request. 
‘‘(e) In the case of critical necessity, the head of an 
agency may immediately replace any employee suspended 
under subsection (a) without regard to sections 3309 
through 3318.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 75 of title 5, United States Code, is amended 
by adding at the end the following: 
‘‘SUBCHAPTER VI—IMMEDIATE SUSPENSION FOR MISCONDUCT OR POOR 
PERFORMANCE 
‘‘7551. Definitions. 
‘‘7552. Immediate suspension for misconduct or poor performance.’’. 
SEC. 4. LIMITATION ON APPEAL RIGHTS. 
Notwithstanding any other provision of law, an em-
ployee (as that term is defined in section 2(g)(2)) or appli-
cant for employment may not appeal an adverse personnel 
action to more than 1 agency. 
SEC. 5. RESTRICTION OF PAY RAISES. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, an employee may not receive an increase in 
annual rate of pay if such employee— 
VerDate Sep 11 2014 
04:35 Jul 22, 2017
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3257.IH
H3257
rfrederick on DSKBBXCHB2PROD with BILLS
(1) did not receive at least a score of 4 or 5 out 
of 5 (or an equivalent rating with respect to a per-
formance appraisal system that does provide for 
such a scoring system) on such employee’s latest 
performance review under the performance appraisal 
system applicable to such employee; and 
(2) the number of employees receiving a score 
of 4 out of 5 (or an equivalent rating with respect 
to a performance appraisal system that does provide 
for such a scoring system) does not exceed 50 per-
cent of all employees in that agency. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Director of the Office of Per-
sonnel Management shall submit to Congress a report that 
contains recommendations for a single-agency rating sys-
tem. 
(c) COLLECTIVE BARGAINING AGREEMENTS.— 
(1) APPLICATION.—The requirements of this 
section shall apply to any collective bargaining 
agreement entered into by the head of an agency on 
or after the date of enactment of this Act. 
(2) GRIEVANCE.—In the case of an employee 
covered by a collective bargaining agreement re-
ferred to in paragraph (1), a grievance filed on be-
half of such employee that results in an increased 
VerDate Sep 11 2014 
04:35 Jul 22, 2017
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3257.IH
H3257
rfrederick on DSKBBXCHB2PROD with BILLS
performance rating for such employee may not result 
in an increase in annual rate of pay for such em-
ployee. 
(d) DEFINITION.—In this section, the term ‘‘em-
ployee’’ has the meaning given such term in section 2105 
of title 5, United States Code, and includes any officer 
or employee of the United States Postal Service or the 
Postal Regulatory Commission. 
SEC. 6. FORFEITURE OF CSRS OR FERS ANNUITY FOR ANY 
EMPLOYEE CONVICTED OF A FELONY. 
(a) IN GENERAL.—Subchapter II of chapter 83 of 
title 5, United States Code, is amended by adding at the 
end the following: 
‘‘§ 8323. Forfeiture of annuity for felony conviction 
‘‘(a)(1) An individual appointed to the service who 
is not subject to the requirements of section 2 of the Pro-
mote Accountability and Government Efficiency Act may 
not be paid an annuity or retired pay on the basis of the 
service of the individual which is creditable toward the an-
nuity if the individual was finally convicted of a felony of-
fense. 
‘‘(2) For purposes of paragraph (1), the term ‘felony 
offense’ means any felony offense committed by the indi-
vidual that is related to the performance of any position 
within the service occupied by such individual. 
VerDate Sep 11 2014 
04:35 Jul 22, 2017
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3257.IH
H3257
rfrederick on DSKBBXCHB2PROD with BILLS
‘‘(b) An individual who is an at-will employee (as de-
termined under section 2 of the Promote Accountability 
and Government Efficiency Act) may not be paid an annu-
ity on the basis of the service of the individual which is 
creditable toward the annuity if the individual was finally 
convicted of a felony offense— 
‘‘(1) when such individual was performing cred-
itable service (as that term is defined in section 
8332 or 8411); or 
‘‘(2) after such individual has separated from 
the service, but only if such offense is related to the 
performance of any position within the Government 
formerly occupied by such individual. 
‘‘(c) In this section, the term ‘finally convicted’ has 
the meaning given such term in section 8332(o)(A)(6).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
of subchapter II of chapter 83 of title 5, United States 
Code, is amended by adding after the item relating to sec-
tion 8322 the following new item: 
‘‘8323. Forfeiture of annuity for felony conviction.’’. 
SEC. 7. TRANSFER FROM SENIOR EXECUTIVE SERVICE TO 
GENERAL SCHEDULE. 
(a) IN GENERAL.—Subchapter VIII of chapter 33 of 
title 5, United States Code, is amended— 
(1) by redesignating section 3397 as section 
3398; and 
VerDate Sep 11 2014 
04:35 Jul 22, 2017
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3257.IH
H3257
rfrederick on DSKBBXCHB2PROD with BILLS
(2) by inserting after section 3396 the fol-
lowing: 
‘‘§ 3397. Transfer to General Schedule positions 
‘‘(a) Notwithstanding any other provision of law, the 
head of any agency may transfer a covered individual to 
a position within the General Schedule (subchapter III of 
chapter 53). 
‘‘(b) Notwithstanding any other provision of law, in-
cluding the requirements of section 3594, any covered in-
dividual transferred to a General Schedule position under 
subsection (a) shall, beginning on the date of such trans-
fer, receive the annual rate of pay applicable to such posi-
tion. 
‘‘(c) In this section, the term ‘covered individual’ 
means an individual occupying a senior executive service 
position who is not an at-will employee (as determined 
under section 2 of the promote accountability and govern-
ment Efficiency Act).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
of subchapter VIII of chapter 33 of title 5, United States 
Code, is amended by striking the item relating to section 
3397 and inserting the following new items: 
‘‘3397. Transfer to General Schedule positions.’’. 
VerDate Sep 11 2014 
04:35 Jul 22, 2017
Jkt 069200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6211
E:\BILLS\H3257.IH
H3257
rfrederick on DSKBBXCHB2PROD with BILLS
SEC. 8. LIMITATION ON OFFICIAL TIME AND USE OF GOV-
ERNMENT RESOURCES IN CARRYING OUT 
UNION ACTIVITIES. 
(a) IN GENERAL.—Section 7131 of title 5, United 
States Code, is amended to read as follows: 
‘‘§ 7131. Limitation on official time 
‘‘(a) In carrying out any activities relating to the in-
ternal business of a labor organization (including the solic-
itation of membership, elections of labor organization offi-
cials, and collection of dues), an employee may not— 
‘‘(1) perform such activities unless such em-
ployee is in a non-duty status; or 
‘‘(2) use any Government property (including 
office space or computers). 
‘‘(b) Employees engaging in such activities must 
truthfully and accurately account for their time spent in 
carrying out such activities, and may not engage in any 
political activities that may impact such employee’s Agen-
cy. 
‘‘(c) Documents, communications and things pre-
pared by or in the possession of employees engaged in any 
activity relating to a labor organization that is engaged 
in collective bargaining activities with said employee’s 
Agency shall maintain the records of such activities for 
a period of at least two years or the term of the collective 
bargaining agreement, plus six months, and produce cop-
VerDate Sep 11 2014 
04:35 Jul 22, 2017
Jkt 069200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H3257.IH
H3257
rfrederick on DSKBBXCHB2PROD with BILLS
ies of such records in response to Freedom of Information 
Act requests.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 71 of title 5, United States Code, is amended 
by striking the item relating to section 7131 and inserting 
the following new item: 
‘‘7131. Limitation on official time.’’. 
Æ 
VerDate Sep 11 2014 
04:35 Jul 22, 2017
Jkt 069200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6301
E:\BILLS\H3257.IH
H3257
rfrederick on DSKBBXCHB2PROD with BILLS