[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5908 Introduced in House (IH)]
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114th CONGRESS
2d Session
H. R. 5908
To amend title 5, United States Code, to provide agency heads with
additional authority to discipline Federal employees, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 14, 2016
Mr. Yoho (for himself, Mr. Gohmert, Mr. Weber of Texas, and Mr. King of
Iowa) 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 agency heads with
additional authority to discipline Federal employees, and for other
purposes.
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 ``Federal Employee Accountability Act
of 2016'' or ``FEAA''.
SEC. 2. REDUCTION IN GRADE OR PAY OR REMOVAL FOR MISCONDUCT OR
PERFORMANCE OF EMPLOYEES IN THE CIVIL SERVICE.
(a) In General.--Chapter 75 of title 5, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER VI--REDUCTION IN GRADE OR PAY OR REMOVAL FOR MISCONDUCT OR
PERFORMANCE
``Sec. 7551. Definitions
``For purposes of this subchapter--
``(1) `employee' means an individual occupying a position
within the civil service, but does not include any individual--
``(A) employed in a position described under
sections 5312 through 5316 (relating to the Executive
Schedule);
``(B) employed as a limited term appointee, limited
emergency appointee, or noncareer appointee in the
Senior Executive Service, as defined under paragraphs
(5), (6), and (7), respectively, of section 3132(a); or
``(C) employed in a position of a confidential or
policy-determining character under schedule C of
subpart C of part 213 of title 5 of the Code of Federal
Regulations;
``(2) `grade' means a level of classification under a
position classification system;
``(3) `misconduct' includes neglect of duty, malfeasance,
or failure to accept a directed reassignment or to accompany a
position in a transfer of function; and
``(4) `pay' means the rate of basic pay fixed by law or
administrative action for the position held by an employee.
``Sec. 7552. Actions covered
``This subchapter applies to a reduction in grade or pay or
removal, but does not apply to--
``(1) a reduction in grade or pay or removal under section
7512;
``(2) a reduction in grade or pay or removal under section
7521;
``(3) a removal under section 7532;
``(4) a removal under section 3592, 3595, or 7543; or
``(5) a removal from the Senior Executive Service under
section 713 of title 38.
``Sec. 7553. Cause and procedure
``(a) Notwithstanding any other provision of law, under regulations
prescribed by the Office of Personnel Management, the head of an agency
may--
``(1) remove an employee of the agency from the civil
service;
``(2) reduce the grade of an employee of the agency; or
``(3) reduce the pay of an employee of the agency.
``(b) An employee subject to a reduction in grade under subsection
(a)(2) shall, beginning on the date that the reduction takes effect,
receive the annual rate of pay applicable to such grade.
``(c)(1) Subject to paragraph (2) and subsection (d), any reduction
in grade or pay or removal under this subchapter may be appealed to the
Merit Systems Protection Board under section 7701.
``(2) An appeal under paragraph (1) may only be made if such appeal
is made not later than seven days after the date of such reduction in
grade or pay or removal.
``(d)(1) Upon receipt of an appeal under subsection (c), the Merit
Systems Protection Board shall refer the appeal to an administrative
judge pursuant to section 7701(b)(1). The administrative judge shall
expedite any such appeal under such section and, in any such case,
shall issue a decision not later than 45 days after the date that the
Board receives the appeal.
``(2) To the maximum extent practicable, the agency shall provide
to the Merit Systems Protection Board, and to any administrative judge
to whom an appeal under this section is referred, such information and
assistance as may be necessary to ensure an appeal under this
subsection is expedited.
``(3) Notwithstanding any other provision of law, including section
7703, the decision of an administrative judge under paragraph (1) shall
be final and shall not be subject to any further appeal.
``(4) In any case in which the administrative judge cannot issue a
decision in accordance with the 45-day requirement under paragraph (3),
the reduction in grade or pay or removal is final. In such a case, the
Merit Systems Protection Board shall, within 14 days after the date
that such reduction in grade or pay or removal is final, submit to
Congress a report that explains the reasons why a decision was not
issued in accordance with such requirement.
``(5) The Merit Systems Protection Board or administrative judge
may not stay any reduction in grade or pay or removal action under this
section.
``(6) During the period beginning on the date on which an employee
appeals a removal from the civil service under this subsection and
ending on the date that the administrative judge issues a final
decision on such appeal, such employee may not receive any pay, awards,
bonuses, incentives, allowances, differentials, student loan
repayments, special payments, or benefits.
``(e) In the case of an employee seeking corrective action (or on
behalf of whom corrective action is sought) from the Office of Special
Counsel based on an alleged prohibited personnel practice described in
section 2302(b), the head of the agency may not reduce the grade or pay
or remove such employee under this subchapter without the approval of
the Special Counsel under section 1214(f).''.
(b) Application.--The authority provided by subsection (a) shall
apply to any employee hired before, on, or after the date of enactment
of this Act.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 75 of title 5, United States Code, is amended by adding after
the item relating to section 7543 the following:
``subchapter vi--reduction in grade or pay or removal for misconduct or
performance
``7551. Definitions.
``7552. Actions covered.
``7552. Cause and procedure.''.
(d) Conforming Amendments.--Title 5, United States Code, is
amended--
(1) in section 4303(f)--
(A) by striking ``or'' at the end of paragraph (2);
(B) by striking the period at the end of paragraph
(3) and inserting ``, or''; and
(C) by adding at the end the following:
``(4) the reduction in grade or removal of an employee
under subchapter VI of chapter 75.'';
(2) in section 7512--
(A) by striking ``or'' at the end of subparagraph
(D);
(B) by striking the period at the end of
subparagraph (E) and inserting ``, or''; and
(C) by adding at the end the following:
``(F) a reduction in grade or pay or removal under
subchapter VI of this chapter.'';
(3) in section 7521(b), in the matter following paragraph
(5)--
(A) by striking ``or'' at the end of subparagraph
(B);
(B) by striking the period at the end of
subparagraph (C) and inserting ``, or''; and
(C) by adding at the end the following:
``(D) a reduction in grade or pay or removal under
subchapter VI of this chapter.''; and
(4) in section 7542, by striking ``or to a removal under
section 3592 or 3595 of this title'' and inserting ``to a
removal under section 3592 or 3595 of this title, to an action
under section 713 of title 38, or to a reduction in grade or
pay or removal under subchapter VI of this chapter''.
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