Us Congress 2023-2024 Regular Session

Us Congress House Bill HB10397

Caption

To amend title 5, United States Code, to provide for an alternative removal for performance or misconduct for Federal employees.

Impact

The proposed legislation is positioned to overhaul the current employment framework for federal employees. By removing the Chapter 43 authority for performance-based actions, the bill introduces a more direct approach to address employee failings, simplifying the process for agencies seeking to enforce disciplinary actions. The changes are designed to enhance agency efficiencies while potentially reducing lengthy grievance procedures. However, this shift might also raise concerns regarding the rights of employees, who may feel that their protections under the merit system are being weakened.

Summary

House Bill 10397, titled 'Modern Employment Reform, Improvement, and Transformation Act of 2024' (or MERIT Act of 2024), proposes significant changes to the management of federal employees regarding performance evaluations and disciplinary actions. This bill aims to amend Title 5 of the United States Code to streamline processes for tackling employee performance issues and misconduct. Noteworthy provisions include the repeal of existing authority for performance-based actions and the introduction of new procedures that govern adverse actions based on performance or conduct. Moreover, the bill outlines measures for senior executives and supervisors regarding their accountability in managing performance related matters.

Contention

A central point of contention related to HB10397 is the balance between enhancing administrative efficiency and preserving employee rights. Critics argue that the bill may undermine the rights of federal employees by allowing quicker terminations without the thorough process currently in place. Additionally, the prohibitions on grieving adverse actions could limit recourse for employees, raising concerns about fairness and the potential for misuse of the expedited procedures. These contentions highlight the tension between agency oversight and employee protections in federal employment practices.

Companion Bills

No companion bills found.

Previously Filed As

US HB10538

To amend title 11, United States Code, to improve protections for employees and retirees in business bankruptcies.

US HB10464

To amend chapter 511 of title 51, United States Code, to modify the authority for space transportation infrastructure modernization grants, and for other purposes.

US HB687

MERIT Act of 2025 Modern Employment Reform, Improvement, and Transformation Act of 2025

US HB10481

To amend title 18, United States Code, to improve safety and security for service weapons used by Federal law enforcement officers, and for other purposes.

US HB10500

To amend title 11, United States Code, to add a bankruptcy chapter relating to the debt of individuals, and for other purposes.

US HB10470

To amend section 207 of title 18, United States Code, to prohibit certain former Federal officials from investing in or serving in a managerial role in an investment fund in which a foreign principal owns shares within a certain time period if such investment or managerial role is based on conversations between such former officials and such foreign principal while such former official was employed by the Federal Government, and for other purposes.

US SB5578

A bill to amend title 18, United States Code, to reform certain forfeiture procedures, and for other purposes.

US HB10411

To implement a 5-year pilot program establishing a performance-based pay structure for certain Federal employees in order to enhance productivity, accountability, and employee satisfaction in public service.

US HB8855

To amend title 18, United States Code, to protect unborn children.

US HB10403

To amend title 28, United States Code, with regard to counsel for persons proceeding in forma pauperis.

Similar Bills

US SB662

MERIT Act of 2025 Modern Employment Reform, Improvement, and Transformation Act of 2025

US HB687

MERIT Act of 2025 Modern Employment Reform, Improvement, and Transformation Act of 2025

US HB1988

Pay Federal Workers and Servicemembers Act

US SB124

Restore Department of Veterans Affairs Accountability Act of 2025 or the Restore VA Accountability Act of 2025This bill modifies personnel action procedures regarding certain employees and executives of the Department of Veterans Affairs (VA). The bill authorizes the VA to remove from civil service, demote, or suspend VA employees that are supervisors or managers if the VA determines by substantial evidence that the performance or misconduct of such individual warrants such action. This authority does not apply to certain appointees or individuals in their probationary or trial period.Supervisors or managers who are subject to a removal, demotion, or suspension under this bill are entitled to (1) advance notice of the action and supporting evidence, (2) representation by an attorney or representative, and (3) grieve the action in accordance with an internal grievance process.The bill also provides protections from removal, demotion, or suspension for supervisor or managers who are whistleblowers or are seeking corrective action for an alleged prohibited personnel practice such as discrimination.The bill also modifies the procedures to remove, demote, or suspend VA employees or senior executives based on performance or misconduct, specifically by requiring the VA to determine by substantial evidence that the performance or misconduct of the individual warrants such removal, demotion, or suspension. Such procedures must apply retroactively, beginning on the date of enactment of the Department of Veterans Affairs Accountability and Whistleblower Protection Act of 2017 (June 23, 2017).

US HB472

Restore VA Accountability Act of 2025 Restore Department of Veterans Affairs Accountability Act of 2025

US HB4275

Coast Guard Authorization Act of 2025

US SB1352

Public Service Freedom to Negotiate Act of 2025

US SB4363

Public Service Freedom to Negotiate Act of 2024