[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3348 Introduced in House (IH)]
<DOC>
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. Walker, 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 Representatives 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 Transformation Act of 2019'' or the ``MERIT
Act of 2019''.
(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.
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 adverse 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 Executive Service.
Sec. 10. Extension of probationary period for employees in the
competitive service.
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repealed.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 acceptable
performance'';
(C) in section 7512, by striking subparagraph (D)
and redesignating subparagraphs (E) and (F) as
subparagraphs (D) and (E), respectively;
(D) in section 7701(c)(1), by striking ``decision''
and all that follows through ``preponderance 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 ``sections
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 ``consistent 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)--
(i) by striking ``at least 30 days' advance
written notice'' and inserting ``written 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 follows:
``(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 period 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 affected 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 sentence shall be furnished
to the employee, to the extent those documents were not
provided under subsection (c).''.
(b) Discipline of Supervisors Based on Retaliation Against
Whistleblowers.--Section 7515(b)(2)(B) of title 5, United States Code,
is amended--
(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 subsections (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--
(1) in subsection (a)(1), by striking ``the settlement
of'';
(2) in subsection (c)--
(A) by redesignating paragraphs (1) through (5) as
paragraphs (5) through (9), respectively; 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 reduction in
force action under subchapter I of chapter 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
(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 subchapter II of chapter
75''.
SEC. 5. ACTIONS AGAINST SENIOR EXECUTIVES FOR PERFORMANCE OR CONDUCT.
(a) Repeal of Pay Retention for Career Appointees 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 subsection (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 career appointee
held in the civil service immediately before being
appointed to the Senior Executive Service; or
``(III) the rate of basic pay in effect for the
career appointee immediately before being placed under
subsection (a) or (b) of this section; and
``(ii) any career appointee placed under subsection (b)(1)
of this section shall be entitled to receive 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 period 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 service who
is not serving a probationary period or trial period
under an initial appointment or, except as provided in
section 1599e of title 10, who has completed 1 year of
current continuous employment in the same or similar
positions under other than a temporary appointment
limited to 1 year or less; or
``(B) a career appointee in the Senior Executive
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 employee has committed
a crime for which a sentence of imprisonment can be imposed,
stating specific reasons for the proposed action, and including
a file containing all the evidence in support of the proposed
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 period 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 affected 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 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 ``misconduct,
neglect of duty, malfeasance,'' and inserting ``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 appointee who is
subject to a personnel action under subchapter V of chapter 75.''; and
(4) in section 7542, by striking ``or to a removal under
section 3592 or 3595'' and inserting the following: ``to a
removal from the Senior Executive Service under section 3592 of
this title, to a reduction in force as defined in section
3595(d) of this title, or to a transfer of function as
described in section 3595(e)''.
(f) Application.--The amendments made by this section shall not
apply to any personnel action under subchapter 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.--Subchapter 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 subchapter'' and
all that follows through ``this title.'' 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 action 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 following:
``Sec. 7504. Furlough cause and procedure
``(a) General Furlough.--
``(1) In general.--An employee may be subject to a general
furlough for such cause as will promote the efficiency of the
service. Any employee furloughed under this subsection is
entitled to the procedures established under the regulations
promulgated under paragraph (2).
``(2) Procedures.--Not later than 180 days after the date
of enactment of this section, the Office of Personnel
Management shall promulgate regulations providing for--
``(A) the circumstances under which an employee may
be furloughed under this subsection;
``(B) the procedures to be afforded furloughed
employees, including, to the extent appropriate and
practicable under the circumstances of the furlough
action--
``(i) advanced notice stating the specific
reasons for the proposed furlough;
``(ii) a reasonable time to answer orally
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 Systems Protection
Board upon request of the employee or the Board.
``(b) Furlough Due to Lapse in Appropriations.--
``(1) In general.--An employee may be subject to a furlough
due to lapse in appropriations.
``(2) Procedures.--
``(A) Notice.--Under regulations prescribed by the
Office of Personnel Management, any employee subject to
a furlough due to lapse in appropriations shall be
afforded notice explaining the reasons for the
furlough. If the notice cannot be provided in advance
of the furlough, notice shall be provided as soon as
reasonably practicable.
``(B) Other procedures.--No other procedures,
including those provided under subsection (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 section 7501(1)(A).''.
(b) General Furlough of More Than 14 Days.--Subchapter II of
chapter 75 of title 5, United States Code, is amended--
(1) in section 7511(a)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period 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 furlough of
30 days or less'' and inserting ``a general 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.'';
(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 following:
``Sec. 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 efficiency 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 Personnel Management shall
promulgate regulations providing for--
``(1) the circumstances under which an employee 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 Protection Board upon request of
the employee or the Board.
``(c) Appeal.--An employee against whom a furlough action is taken
under this section is entitled to appeal 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.--
(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 chapter 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.
SEC. 7. REDUCTION OF ANNUITY OF EMPLOYEE CONVICTED OF A FELONY FOR
WHICH AN ADVERSE ACTION IS OR WOULD HAVE BEEN TAKEN.
(a) Reduction of Annuity of Employee Convicted 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:
``Sec. 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 chapter or chapter 84 if--
``(A) the covered individual is finally convicted
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--
``(i) were taken or not taken in the
performance of the covered individual's
official duties at the agency; and
``(ii) are sufficient to support a removal
action under section 7513, 7543, or any other
provision of law against the covered
individual.
``(2) Procedures.--A covered individual against whom a
determination is made under paragraph (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
determination 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 business days after
receiving the response from the covered individual, to
the maximum extent practicable; or
``(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 provided notice to the
individual under paragraph (2)(A), to the maximum
extent practicable.
``(4) Appeal.--A covered individual with respect 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
paragraph (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 individual, the applicable employing agency shall amend
the covered individual's retirement records to reflect the
period of service that is no longer creditable by operation of
this section and transmit the amended records to the Director
of the Office of Personnel Management.
``(2) Annuitants.--With respect to any covered 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 individual 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 period of felonious service.
``(d) Spouse Exception.--The spouse of any covered individual
referred to in subsection (a) shall be eligible 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 prosecution of the individual
that resulted in the benefit reduction.
``(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 section
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 respect 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 or omissions that gave
rise to the removal action 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 proposed
removal action described in paragraph (1);
``(3) the term `finally convicted' or `final conviction'
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 appeals
process for which is completed;
``(4) the term `lump-sum credit' has the meaning given that
term in section 8331(8) or 8401(19) (as the case may be); and
``(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 sections 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 Management may prescribe
regulations to carry out this section 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:
``SUBCHAPTER IV--REPAYMENT OF BONUSES OR AWARDS
``Sec. 4531. Recoupment of bonuses or awards paid to employees
``(a) In General.--Notwithstanding any other provision 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 engaged in
misconduct or unsatisfactory performance 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 misconduct or
unsatisfactory performance described in subparagraph
(A) been known by the agency prior to payment;
``(2) before the repayment, the employee or former employee
is afforded--
``(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 proposed
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 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 established 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 employee 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 employee or former employee,
the employee or former employee (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 sections for chapter
45 of title 5, United States Code, is amended by adding after
the item relating to section 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 requirements
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
Systems Protection Board if the employee is not otherwise
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 of this Act under sections 5753 and 5754 of that
title terms addressing the conditions under which the agreement
and bonus payments shall be terminated 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 payment and
service agreement termination requirements 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 during or after the
completion of the service period; and''; and
(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 payment and
service agreement termination requirements 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 during or after the
completion of the service period; 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 necessary 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 POSITIONS WITHIN THE
SENIOR EXECUTIVE SERVICE.
(a) In General.--Section 3393(d) of title 5, United States Code, is
amended by striking ``1-year'' and inserting ``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 provided in section 11 of this Act.
SEC. 10. EXTENSION OF PROBATIONARY PERIOD FOR EMPLOYEES IN THE
COMPETITIVE SERVICE.
(a) Extension of Probationary Period.--
(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 subsections (c)
and (d), the President'';
(B) by redesignating subsection (c) as subsection
(e); and
(C) by inserting after subsection (b) the
following:
``(c)(1) The length of a probationary period established 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 appointment 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 beginning on
the date of the appointment to the position.
``(2) For purposes of paragraph (1)--
``(A) the term `formal training' means, with respect to any
position, a training program required by law, rule, or
regulation, or otherwise required by the employing agency, to
be completed by the employee before the employee is able to
successfully execute the duties of the applicable position; and
``(B) the term `license' means a license, certification, or
other grant of permission to engage in a particular activity.
``(d) The head of each agency shall, in the administration of this
section, take appropriate measures to ensure that--
``(1) any announcement of a vacant position and any offer
of appointment made to an individual with respect to a vacant
position clearly states the terms and conditions of any
applicable probationary period, including any formal training
period and any license requirement;
``(2) any individual who is required to complete a
probationary period under this section receives timely notice
of any requirements, including performance requirements, that
must be met in order to satisfactorily complete that period;
``(3) any supervisor or manager of an individual who is
required to complete a probationary period under this section
receives periodic notifications of the end date of that period
not later than 1 year, 6 months, 3 months, and 30 days before
the end date; and
``(4) if the agency head decides to retain an individual
after the completion of a probationary period under this
section, the agency head submits a certification to that effect
to the President, supported by a brief statement of the basis
for the certification, in such form and manner as the President
may by regulation prescribe.''.
(2) Technical amendment.--Section 3321(e) of title 5,
United States Code (as so redesignated by paragraph (1)), is
amended by striking ``Subsections (a) and (b)'' and inserting
``Subsections (a) through (d)''.
(3) Application.--This subsection and the amendments made
by this subsection shall apply in the case of any appointment
(as referred to in section 3321(a)(1) of title 5, United States
Code) and any initial appointment (as referred to in section
3321(a)(2) of that title) taking effect on or after the
effective date provided in section 11 of this Act.
(b) Adverse Actions.--
(1) Subchapter i of chapter 75 of title 5.--Section 7501(1)
of title 5, United States Code, as amended by sections 5(c) and
6(a)(1), is further amended--
(A) by striking ``or, except'' and inserting ``and,
except''; and
(B) by striking ``1 year of current'' and inserting
``2 years of current''.
(2) Subchapter ii of chapter 75 of title 5.--Section
7511(a)(1) of title 5, United States Code, is amended--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``; or'' and
inserting ``; and''; and
(ii) in clause (ii), by striking ``1 year''
the first place it appears and inserting ``2
years'';
(B) in subparagraph (B), by striking ``1 year'' and
inserting ``2 years''; and
(C) in subparagraph (C)(i), by striking ``; or''
and inserting ``; and''.
(3) Application.--The amendments made by paragraphs (1) and
(2) shall apply in the case of any individual whose period of
continuous service commences on or after the effective date
provided in section 11.
(c) Regulations.--The Office of Personnel Management may prescribe
regulations to carry out this section and the amendments made by this
section.
SEC. 11. APPLICATION.
(a) Effective Date.--Unless otherwise specifically provided for in
this Act, the amendments made by this Act shall take effect on the date
that is 1 year after the date of enactment of this Act.
(b) Collective Bargaining Agreements.--Notwithstanding any other
provision of law, the procedures established or amended by this Act
shall supersede any collective bargaining agreement to the extent that
the agreement is inconsistent with those procedures.
(c) Definition of Business Day.--For purposes of carrying out this
Act and the amendments made by this Act, the term ``business day''
means any day other than a Saturday, Sunday, or legal public holiday
under section 6103(a) of title 5, United States Code.
<all>
MERIT Act of 2019
#3348 | HR Congress #116
Policy Area: Government Operations and Politics
Subjects: Administrative law and regulatory proceduresAdministrative remediesAppropriationsCriminal procedure and sentencingEmployee benefits and pensionsEmployee hiringEmployee performanceEmployment discrimination and employee rightsGovernment employee pay, benefits, personnel managementGovernment ethics and transparency, public corruptionGovernment information and archivesLabor-management relationsMerit Systems Protection BoardOffice of Personnel Management (OPM)Personnel recordsWages and earnings
Last Action: Referred to the House Committee on Oversight and Reform. (6/19/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text