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.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov