I 

115TH CONGRESS 

1ST SESSION H. R. 1643 

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 

MARCH 20, 2017 

Mr. YOHO 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Employee Ac5 countability Act of 2017’’ or ‘‘FEAA’’. 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•HR 1643 IH

1 SEC. 2. REDUCTION IN GRADE OR PAY OR REMOVAL FOR 

2 MISCONDUCT OR PERFORMANCE OF EM3 PLOYEES IN THE CIVIL SERVICE. 

4 (a) IN GENERAL.—Chapter 75 of title 5, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘SUBCHAPTER VI—REDUCTION IN GRADE OR 

8 PAY OR REMOVAL FOR MISCONDUCT OR 

9 PERFORMANCE 

10 ‘‘§ 7551. Definitions 

11 ‘‘For purposes of this subchapter— 

12 ‘‘(1) ‘employee’ means an individual occupying 

13 a position within the civil service, but does not in14 clude any individual— 

15 ‘‘(A) employed in a position described 

16 under sections 5312 through 5316 (relating to 

17 the Executive Schedule); 

18 ‘‘(B) employed as a limited term appointee, 

19 limited emergency appointee, or noncareer ap20 pointee in the Senior Executive Service, as de21 fined under paragraphs (5), (6), and (7), re22 spectively, of section 3132(a); or 

23 ‘‘(C) employed in a position of a confiden24 tial or policy-determining character under 

25 schedule C of subpart C of part 213 of title 5 

26 of the Code of Federal Regulations; 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•HR 1643 IH

1 ‘‘(2) ‘grade’ means a level of classification 

2 under a position classification system; 

3 ‘‘(3) ‘misconduct’ includes neglect of duty, mal4 feasance, or failure to accept a directed reassign5 ment or to accompany a position in a transfer of 

6 function; and 

7 ‘‘(4) ‘pay’ means the rate of basic pay fixed by 

8 law or administrative action for the position held by 

9 an employee. 

10 ‘‘§ 7552. Actions covered 

11 ‘‘This subchapter applies to a reduction in grade or 

12 pay or removal, but does not apply to— 

13 ‘‘(1) a reduction in grade or pay or removal 

14 under section 7512; 

15 ‘‘(2) a reduction in grade or pay or removal 

16 under section 7521; 

17 ‘‘(3) a removal under section 7532; 

18 ‘‘(4) a removal under section 3592, 3595, or 

19 7543; or 

20 ‘‘(5) a removal from the Senior Executive Serv21 ice under section 713 of title 38. 

22 ‘‘§ 7553. Cause and procedure 

23 ‘‘(a) Notwithstanding any other provision of law, 

24 under regulations prescribed by the Office of Personnel 

25 Management, the head of an agency may— 


SSpencer on DSK4SPTVN1PROD with BILLS
4 

•HR 1643 IH

1 ‘‘(1) remove an employee of the agency from 

2 the civil service; 

3 ‘‘(2) reduce the grade of an employee of the 

4 agency; or 

5 ‘‘(3) reduce the pay of an employee of the agen6 cy. 

7 ‘‘(b) An employee subject to a reduction in grade 

8 under subsection (a)(2) shall, beginning on the date that 

9 the reduction takes effect, receive the annual rate of pay 

10 applicable to such grade. 

11 ‘‘(c)(1) Subject to paragraph (2) and subsection (d), 

12 any reduction in grade or pay or removal under this sub13 chapter may be appealed to the Merit Systems Protection 

14 Board under section 7701. 

15 ‘‘(2) An appeal under paragraph (1) may only be 

16 made if such appeal is made not later than seven days 

17 after the date of such reduction in grade or pay or re18 moval. 

19 ‘‘(d)(1) Upon receipt of an appeal under subsection 

20 (c), the Merit Systems Protection Board shall refer the 

21 appeal to an administrative judge pursuant to section 

22 7701(b)(1). The administrative judge shall expedite any 

23 such appeal under such section and, in any such case, shall 

24 issue a decision not later than 45 days after the date that 

25 the Board receives the appeal. 


SSpencer on DSK4SPTVN1PROD with BILLS
5 

•HR 1643 IH

1 ‘‘(2) To the maximum extent practicable, the agency 

2 shall provide to the Merit Systems Protection Board, and 

3 to any administrative judge to whom an appeal under this 

4 section is referred, such information and assistance as 

5 may be necessary to ensure an appeal under this sub6 section is expedited. 

7 ‘‘(3) Notwithstanding any other provision of law, in8 cluding section 7703, the decision of an administrative 

9 judge under paragraph (1) shall be final and shall not be 

10 subject to any further appeal. 

11 ‘‘(4) In any case in which the administrative judge 

12 cannot issue a decision in accordance with the 45-day re13 quirement under paragraph (3), the reduction in grade or 

14 pay or removal is final. In such a case, the Merit Systems 

15 Protection Board shall, within 14 days after the date that 

16 such reduction in grade or pay or removal is final, submit 

17 to Congress a report that explains the reasons why a deci18 sion was not issued in accordance with such requirement. 

19 ‘‘(5) The Merit Systems Protection Board or admin20 istrative judge may not stay any reduction in grade or pay 

21 or removal action under this section. 

22 ‘‘(6) During the period beginning on the date on 

23 which an employee appeals a removal from the civil service 

24 under this subsection and ending on the date that the ad25 ministrative judge issues a final decision on such appeal, 


SSpencer on DSK4SPTVN1PROD with BILLS
6 

•HR 1643 IH

1 such employee may not receive any pay, awards, bonuses, 

2 incentives, allowances, differentials, student loan repay3 ments, special payments, or benefits. 

4 ‘‘(e) In the case of an employee seeking corrective ac5 tion (or on behalf of whom corrective action is sought) 

6 from the Office of Special Counsel based on an alleged 

7 prohibited personnel practice described in section 2302(b), 

8 the head of the agency may not reduce the grade or pay 

9 or remove such employee under this subchapter without 

10 the approval of the Special Counsel under section 

11 1214(f).’’. 

12 (b) APPLICATION.—The authority provided by sub13 section (a) shall apply to any employee hired before, on, 

14 or after the date of enactment of this Act. 

15 (c) CLERICAL AMENDMENT.—The table of sections 

16 at the beginning of chapter 75 of title 5, United States 

17 Code, is amended by adding after the item relating to sec18 tion 7543 the following: 

‘‘SUBCHAPTER VI—REDUCTION IN GRADE OR PAY OR REMOVAL FOR

MISCONDUCT OR PERFORMANCE

‘‘7551. Definitions. 

‘‘7552. Actions covered. 

‘‘7553. Cause and procedure.’’. 

19 (d) CONFORMING AMENDMENTS.—Title 5, United 

20 States Code, is amended— 

21 (1) in section 4303(f)— 


SSpencer on DSK4SPTVN1PROD with BILLS
7 

•HR 1643 IH

1 (A) by striking ‘‘or’’ at the end of para2 graph (2); 

3 (B) by striking the period at the end of 

4 paragraph (3) and inserting ‘‘, or’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(4) the reduction in grade or removal of an 

7 employee under subchapter VI of chapter 75.’’; 

8 (2) in section 7512— 

9 (A) by striking ‘‘or’’ at the end of subpara10 graph (D); 

11 (B) by striking the period at the end of 

12 subparagraph (E) and inserting ‘‘, or’’; and 

13 (C) by adding at the end the following: 

14 ‘‘(F) a reduction in grade or pay or removal 

15 under subchapter VI of this chapter.’’; 

16 (3) in section 7521(b), in the matter following 

17 paragraph (5)— 

18 (A) by striking ‘‘or’’ at the end of subpara19 graph (B); 

20 (B) by striking the period at the end of 

21 subparagraph (C) and inserting ‘‘, or’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(D) a reduction in grade or pay or removal 

24 under subchapter VI of this chapter.’’; and 


SSpencer on DSK4SPTVN1PROD with BILLS
8 

•HR 1643 IH

1 (4) in section 7542, by striking ‘‘or to a re2 moval under section 3592 or 3595 of this title’’ and 

3 inserting ‘‘to a removal under section 3592 or 3595 

4 of this title, to an action under section 713 of title 

5 38, or to a reduction in grade or pay or removal 

6 under subchapter VI of this chapter’’. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS