,i #aafth ,,congress #ast ,session ,h4 ,r4 #ced ,,in ,,the ,,house ,,of ,,representatives ,january #h1 #bjai,mr4 ,yoho introduced the following bill2 which was referred to the ,committee on ,oversight and ,reform ,a ,,bill ,to amend title #e1 ,united ,states ,code1 to provide agency heads with additional authority to discipline ,federal employees1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,federal ,employee ,accountability ,act of #bjai or ,,feaa4 #b4 ,reduction in grade or pay or removal for misconduct or performance of employees in the civil service 7a7 ,in general ,chapter #ge of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 ,,vi ,reduction in grade or pay or removal for misconduct or performance #geea4 ,definitions ,for purposes of this subchapter-- 7#a7 employee means an individual occupying a position within the civil service1 but does not include any individual-- 7,a7 employed in a position described under sections #ecab through #ecaf 7relating to the ,executive ,schedule72 7,b7 employed as a limited term appointee1 limited emergency appointee1 or noncareer appointee in the ,senior ,executive ,service1 as defined under paragraphs 7#e71 7#f71 and 7#g71 respectively1 of section #cacb7;a72 or 7,c7 employed in a position of a confidential or policy-determining character under schedule ,c of subpart ,c of part #bac of title #e of the ,code of ,federal ,regulations2 7#b7 grade means a level of classification under a position classification system2 7#c7 misconduct includes neglect of duty1 malfeasance1 or failure to accept a directed reassignment or to accompany a position in a transfer of function2 and 7#d7 pay means the rate of basic pay fixed by law or administrative action for the position held by an employee4 #geeb4 ,actions covered ,this subchapter applies to a reduction in grade or pay or removal1 but does not apply to-- 7#a7 a reduction in grade or pay or removal under section #geab2 7#b7 a reduction in grade or pay or removal under section #geba2 7#c7 a removal under section #gecb2 7#d7 a removal under section #ceib1 #ceie1 or #gedc2 or 7#e7 a removal from the ,senior ,executive ,service under section #gac of title #ch4 #geec4 ,cause and procedure 7a7 ,notwithstanding any other provision of law1 under regulations prescribed by the ,office of ,personnel ,management1 the head of an agency may-- 7#a7 remove an employee of the agency from the civil service2 7#b7 reduce the grade of an employee of the agency2 or 7#c7 reduce the pay of an employee of the agency4 7b7 ,an employee subject to a reduction in grade under subsection 7a77#b7 shall1 beginning on the date that the reduction takes effect1 receive the annual rate of pay applicable to such grade4 7c7 7#a7 ,subject to paragraph 7#b7 and subsection 7d71 any reduction in grade or pay or removal under this subchapter may be appealed to the ,merit ,systems ,protection ,board under section #ggja4 7#b7 ,an appeal under paragraph 7#a7 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 removal4 7d7 7#a7 ,upon receipt of an appeal under subsection 7c71 the ,merit ,systems ,protection ,board shall refer the appeal to an administrative judge pursuant to section #ggja7;b77#a74 ,the administrative judge shall expedite any such appeal under such section and1 in any such case1 shall issue a decision not later than #de days after the date that the ,board receives the appeal4 7#b7 ,to the maximum extent practicable1 the agency shall provide to the ,merit ,systems ,protection ,board1 and to any administrative judge to whom an appeal under this section is referred1 such information and assistance as may be necessary to ensure an appeal under this subsection is expedited4 7#c7 ,notwithstanding any other provision of law1 including section #ggjc1 the decision of an administrative judge under paragraph 7#a7 shall be final and shall not be subject to any further appeal4 7#d7 ,in any case in which the administrative judge cannot issue a decision in accordance with the #de-;day requirement under paragraph 7#c71 the reduction in grade or pay or removal is final4 ,in such a case1 the ,merit ,systems ,protection ,board shall1 within #ad days after the date that such reduction in grade or pay or removal is final1 submit to ,congress a report that explains the reasons why a decision was not issued in accordance with such requirement4 7#e7 ,the ,merit ,systems ,protection ,board or administrative judge may not stay any reduction in grade or pay or removal action under this section4 7#f7 ,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 appeal1 such employee may not receive any pay1 awards1 bonuses1 incentives1 allowances1 differentials1 student loan repayments1 special payments1 or benefits4 7e7 ,in the case of an employee seeking corrective action 7or on behalf of whom corrective action is sought7 from the ,office of ,special ,counsel based on an alleged prohibited personnel practice described in section #bcjb7;b71 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 #abad7;f74 4 7b7 ,application ,the authority provided by subsection 7a7 shall apply to any employee hired before1 on1 or after the date of enactment of this ,act4 7c7 ,clerical amendment ,the table of sections at the beginning of chapter #ge of title #e1 ,united ,states ,code1 is amended by adding after the item relating to section #gedc the following3 ,subchapter ,,vi--,reduction in grade or pay or removal for misconduct or performance #geea4 ,definitions4 #geeb4 ,actions covered4 #geeb4 ,cause and procedure4 4 7d7 ,conforming amendments ,title #e1 ,united ,states ,code1 is amended-- 7#a7 in section #dcjc7;f7-- 7,a7 by striking or at the end of paragraph 7#b72 7,b7 by striking the period at the end of paragraph 7#c7 and inserting 1 or2 and 7,c7 by adding at the end the following3 7#d7 the reduction in grade or removal of an employee under subchapter ,,vi of chapter #ge4 2 7#b7 in section #geab-- 7,a7 by striking or at the end of subparagraph 7,d72 7,b7 by striking the period at the end of subparagraph 7,e7 and inserting 1 or2 and 7,c7 by adding at the end the following3 7,f7 a reduction in grade or pay or removal under subchapter ,,vi of this chapter4 2 7#c7 in section #geba7;b71 in the matter following paragraph 7#e7-- 7,a7 by striking or at the end of subparagraph 7,b72 7,b7 by striking the period at the end of subparagraph 7,c7 and inserting 1 or2 and 7,c7 by adding at the end the following3 7,d7 a reduction in grade or pay or removal under subchapter ,,vi of this chapter4 2 and 7#d7 in section #gedb1 by striking or to a removal under section #ceib or #ceie of this title and inserting to a removal under section #ceib or #ceie of this title1 to an action under section #gac of title #ch1 or to a reduction in grade or pay or removal under subchapter ,,vi of this chapter 4