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This bill — known as the MERIT Act — would establish an alternative way for the heads of federal agencies to expedite the removal of employees for poor performance or misconduct. It would only allow appeals to the Merit Systems Protection Board (MSPB) if they’re made within 7 days after the removal. Removals for those causes would negate protections that ordinarily afford employees at least 30 days advance written notice of the proposed action, a reasonable time to answer the proposal orally and in writing, representation by an attorney, and a written decision (a process agency heads could continue to use).

When the MSPB receives an appeal, it would be required to issue a decision within 30 days after the appeal’s date. In any case when an MSPB judge can’t issue a decision within 30 days, the removal would be considered final.

The MSPB would uphold the decision of an agency head to remove an employee if the decision is supported by substantial evidence, and couldn’t stay any removal unless the reason for the appeal is related to prohibited personnel practices (like discrimination or retaliation against a whistleblower).

The bill’s full title is the Modern Employment Reform, Improvement, and Transformation Act of 2017.

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In any case in which an MSPB judge cannot issue a decision in accordance with such 30-day requirement, the removal is final.\n\nThe MSPB: (1) shall uphold the decision of the agency head to remove an employee if the decision is supported by subs...","summarized":true,"cost":null,"cost_commentary":"A CBO cost estimate is unavailable.","impact":"Federal employees being removed for poor performance or misconduct at agencies whose leaders choose to use the expedited removal process; the MSPB; and agency heads.","argument_for":"The leaders of federal agencies should have a mechanism to remove an employee for poor performance or misconduct while still giving the fired worker a chance to appeal the decision. Giving agency heads the choice of the new procedure or the existing, more lengthy process is wise.","argument_against":"This bill is an attempt to undermine the due process rights of civil servants in the federal government who are being removed because of poor performance or misconduct. 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Making it Easier for Federal Agencies to Fire Employees for Poor Performance or Misconduct