MERIT Act of 2017

Modern Employment Reform, Improvement, and Transformation Act of 2017 or the MERIT Act of 2017

This bill establishes an alternative mechanism for the expedited removal by agency heads of federal employees for performance or misconduct by: (1) limiting an appeal to the Merit Systems Protection Board (MSPB) to appeals made not later than 7 days after the date of such removal; and (2) making inapplicable to removals employee protections affording employees at least 30 days advance written notice of the proposed action and a reasonable time to answer the proposal orally and in writing, representation by an attorney, and a written decision.

Upon receipt of an appeal, the MSPB shall issue a decision not later than 30 days after the date of the appeal. In any case in which an MSPB judge cannot issue a decision in accordance with such 30-day requirement, the removal is final.

The MSPB: (1) shall uphold the decision of the agency head to remove an employee if the decision is supported by substantial evidence; and (2) may not stay any removal unless the basis for the appeal of such removal is related to certain prohibited personnel practices.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 559 Introduced in House (IH)]

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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 referred 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 Representatives 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''.

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 following:

   ``SUBCHAPTER VI--ALTERNATIVE REMOVAL FOR PERFORMANCE OR MISCONDUCT

``Sec. 7551. Removal for performance or misconduct
    ``(a) In General.--The head of an agency may remove an employee 
from the civil service if the head determines 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 described 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 including 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 Systems Protection Board under section 
7701.
    ``(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 Protection 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 Protection Board judge 
cannot issue a decision in accordance with the 30-day requirement under 
paragraph (1), the removal is final. In such a case, the Merit Systems 
Protection 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 Senate, and the Committee on Oversight and 
Government Reform of the House of Representatives a report that 
explains the reasons why a decision was not issued in accordance with 
such requirement.
    ``(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 service 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, student 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 provided by this section 
is in addition to the authority otherwise 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 reassignment, the 
        commitment of a prohibited personnel practice, a violation of 
        protocol, and failure to accompany a position in a transfer of 
        function.''.
    (b) Conforming 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--alternative removal for performance or misconduct

``Sec.
``7551. Removal for performance or misconduct.''.
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