I 
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 Com-
mittee on Oversight and Government Reform 
A BILL 
To amend title 5, United States Code, to provide agency 
heads with additional authority to discipline Federal em-
ployees, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Employee Ac-
countability Act of 2016’’ or ‘‘FEAA’’. 
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SEC. 2. REDUCTION IN GRADE OR PAY OR REMOVAL FOR 
MISCONDUCT OR PERFORMANCE OF EM-
PLOYEES IN THE CIVIL SERVICE. 
(a) IN GENERAL.—Chapter 75 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘SUBCHAPTER VI—REDUCTION IN GRADE OR 
PAY OR REMOVAL FOR MISCONDUCT OR 
PERFORMANCE 
‘‘§ 7551. Definitions 
‘‘For purposes of this subchapter— 
‘‘(1) ‘employee’ means an individual occupying 
a position within the civil service, but does not in-
clude 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 ap-
pointee in the Senior Executive Service, as de-
fined under paragraphs (5), (6), and (7), re-
spectively, of section 3132(a); or 
‘‘(C) employed in a position of a confiden-
tial or policy-determining character under 
schedule C of subpart C of part 213 of title 5 
of the Code of Federal Regulations; 
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‘‘(2) ‘grade’ means a level of classification 
under a position classification system; 
‘‘(3) ‘misconduct’ includes neglect of duty, mal-
feasance, or failure to accept a directed reassign-
ment 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. 
‘‘§ 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 Serv-
ice under section 713 of title 38. 
‘‘§ 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— 
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‘‘(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 agen-
cy. 
‘‘(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 sub-
chapter 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 re-
moval. 
‘‘(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. 
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‘‘(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 sub-
section is expedited. 
‘‘(3) Notwithstanding any other provision of law, in-
cluding 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 re-
quirement 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 deci-
sion was not issued in accordance with such requirement. 
‘‘(5) The Merit Systems Protection Board or admin-
istrative 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 ad-
ministrative judge issues a final decision on such appeal, 
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