Government Employee Accountability Act - Sets forth guidelines for placing career employees of the Senior Executive Service (SES) on investigative leave. Defines "investigative leave" as a temporary absence without duty for disciplinary reasons, of a period not greater than 90 days.
Authorizes a federal agency to: (1) place an SES employee on investigative leave, without loss of pay and without charge to annual or sick leave, only for misconduct, neglect of duty, malfeasance, or misappropriation of funds; (2) place such employee on leave without pay if such employee's conduct is flagrant and such employee intentionally engaged in such conduct; or (3) remove such employee if such employee acted in a manner that endangers the interest of the agency mission and the removal is deemed necessary or advisable in the interests of the United States.
Requires an agency head to periodically review the investigation into the conduct of an SES employee placed on investigative leave and take certain actions with respect to such employee at the end of a period of investigative leave, including removal, suspension without pay, or reinstatement to duty. Grants an employee placed on investigative leave certain rights, including: (1) advance written notice of, and the right to answer, charges; (2) the right to be represented by an attorney; and (3) the right to appeal to the Merit Systems Protection Board (MSPB).
Includes misappropriation of funds as a ground in suspending or reinstating an SES employee or placing such employee in another civil service position.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2579 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2579
To amend title 5, United States Code, to provide for investigative
leave requirements with respect to Senior Executive Service employees,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 28, 2013
Mr. Kelly of Pennsylvania (for himself, Mr. Marino, Mr. Renacci, Mr.
Griffin of Arkansas, Mr. Roskam, Mr. Young of Indiana, Mr. Farenthold,
Mr. Denham, Mr. Gosar, Mr. Barletta, Mr. Benishek, Mr. Thompson of
Pennsylvania, Mr. Amodei, Mr. Gerlach, Mr. Paulsen, Mr. Hensarling,
Mrs. Blackburn, Mr. Brooks of Alabama, Mr. Calvert, Mr. Reed, Mr.
Johnson of Ohio, and Mr. Austin Scott of Georgia) 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 for investigative
leave requirements with respect to Senior Executive Service 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 ``Government Employee Accountability
Act''.
SEC. 2. SUSPENSION FOR 14 DAYS OR LESS FOR SENIOR EXECUTIVE SERVICE
EMPLOYEES.
Paragraph (1) of section 7501 of title 5, United States Code, is
amended to read as follows:
``(1) `employee' means--
``(A) an individual in the competitive service who
is not serving a probationary or trial period under an
initial appointment or who has completed 1 year of
current continuous employment in the same or similar
positions under other than a temporary appointment
limited to 1 year or less; or
``(B) a career appointee in the Senior Executive
Service who--
``(i) has completed the probationary period
prescribed under section 3393(d); or
``(ii) was covered by the provisions of
subchapter II of this chapter immediately
before appointment to the Senior Executive
Service;''.
SEC. 3. INVESTIGATIVE LEAVE AND TERMINATION AUTHORITY FOR SENIOR
EXECUTIVE SERVICE EMPLOYEES.
(a) In General.--Chapter 75 of title 5, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER VI--INVESTIGATIVE LEAVE FOR SENIOR EXECUTIVE SERVICE
EMPLOYEES
``Sec. 7551. Definitions
``For the purposes of this subchapter--
``(1) `employee' has the meaning given such term in section
7541; and
``(2) `investigative leave' means a temporary absence
without duty for disciplinary reasons, of a period not greater
than 90 days.
``Sec. 7552. Actions covered
``This subchapter applies to investigative leave.
``Sec. 7553. Cause and procedure
``(a)(1) Under regulations prescribed by the Office of Personnel
Management, an agency may place an employee on investigative leave,
without loss of pay and without charge to annual or sick leave, only
for misconduct, neglect of duty, malfeasance, or misappropriation of
funds.
``(2) If an agency determines that such employee's conduct is
serious or flagrant, the agency may place such employee on
investigative leave under this subchapter without pay.
``(b)(1) At the end of each 45-day period during a period of
investigative leave implemented under this section, the relevant agency
shall review the investigation into the employee with respect to the
misconduct, neglect of duty, malfeasance, or misappropriation of funds.
``(2) Not later than 5 business days after the end of each such 45-
day period, the agency shall submit a report describing such review to
the Committee on Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate.
``(3) At the end of a period of investigative leave implemented
under this section, the agency shall--
``(A) remove an employee placed on investigative leave
under this section;
``(B) suspend such employee without pay; or
``(C) reinstate or restore such employee to duty.
``(4) The agency may extend the period of investigative leave with
respect to an action under this subchapter for an additional period not
to exceed 90 days.
``(c) An employee against whom an action covered by this subchapter
is proposed is entitled to, before being placed on investigative leave
under this section--
``(1) at least 30 days' advance written notice, stating
specific reasons for the proposed action, unless--
``(A) there is reasonable cause to believe that the
employee has committed a crime for which a sentence of
imprisonment can be imposed; or
``(B) the agency determines that the employee's
conduct with respect to which an action covered by this
subchapter is proposed is serious or flagrant as
prescribed in regulation by the Office of Personnel
Management;
``(2) a reasonable time, but not less than 7 days, to
answer orally and in writing and to furnish affidavits and
other documentary evidence in support of the answer;
``(3) be represented by an attorney or other
representative; and
``(4) a written decision and specific reasons therefor at
the earliest practicable date.
``(d) An agency may provide, by regulation, for a hearing which may
be in lieu of or in addition to the opportunity to answer provided
under subsection (c)(2).
``(e) An employee against whom an action is taken under this
section is entitled to appeal to the Merit Systems Protection Board
under section 7701.
``(f) Copies of the notice of proposed action, the answer of the
employee when written, and a summary thereof when made orally, the
notice of decision and reasons therefor, and any order effecting an
action covered by this subchapter, together with any supporting
material, shall be maintained by the agency and shall be furnished to
the Merit Systems Protection Board upon its request and to the employee
affected upon the employee's request.
``SUBCHAPTER VII--REMOVAL OF SENIOR EXECUTIVE SERVICE EMPLOYEES
``Sec. 7561. Definition
``For purposes of this subchapter, the term `employee' has the
meaning given such term in section 7541.
``Sec. 7562. Removal of Senior Executive Service employees
``(a) Notwithstanding any other provision of law, the head of an
agency may remove an employee if the head of the agency--
``(1) determines that the employee acted in a manner that
endangers the interest of the agency mission;
``(2) considers the removal to be in the interests of the
United States; and
``(3) determines that the procedures prescribed in other
provisions of law that authorize the removal of such employee
cannot be invoked in a manner that the Secretary considers
consistent with the efficiency of the Government.
``(b) An employee removed under this section shall be notified of
the reasons for such removal. Within 30 days after the notification,
the employee is entitled to submit to the official designated by the
head of the agency statements or affidavits to show why the employee
should be restored to duty. If such statements and affidavits are
submitted, the head of the agency shall provide a written response, and
may restore the employee's employment if the head of the agency
chooses.
``(c) Except as provided under subsection (b), a decision by the
head of the agency to remove an employee under this section is final
and may not be appealed or reviewed outside the agency.
``(d) Whenever the head of the agency removes an employee under the
authority of this section, the head of the agency shall notify Congress
of such termination.
``(e) A removal under this section does not affect the right of the
employee affected to seek or accept employment with any other
department or agency of the United States if that employee is declared
eligible for such employment by the Director of the Office of Personnel
Management.
``(f) The authority of the head of the agency under this section
may not be delegated.''.
(b) 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--investigative leave for senior executive service
employees
``7551. Definitions.
``7552. Actions covered.
``7553. Cause and procedure.
``subchapter vii--removal of senior executive service employees
``7561. Definition.
``7562. Removal of Senior Executive Employees.''.
SEC. 4. SUSPENSION OF SENIOR EXECUTIVE SERVICE EMPLOYEES.
Section 7543 of title 5, United States Code, is amended--
(1) in subsection (a), by inserting ``misappropriation of
funds,'' after ``malfeasance,''; and
(2) in subsection (b), by amending paragraph (1) to read as
follows:
``(1) at least 30 days' advance written notice, stating
specific reasons for the proposed action, unless--
``(A) there is reasonable cause to believe that the
employee has committed a crime for which a sentence of
imprisonment can be imposed; or
``(B) the agency determines that the employee's
conduct with respect to which an action covered by this
subchapter is proposed is serious or flagrant as
prescribed in regulation by the Office of Personnel
Management;''.
SEC. 5. MISAPPROPRIATION OF FUNDS AMENDMENTS.
(a) Reinstatement in the Senior Executive Service.--Section 3593 of
title 5, United States Code, is amended--
(1) in subsection (a)(2), by inserting ``misappropriation
of funds,'' after ``malfeasance,''; and
(2) in subsection (b), by striking ``or malfeasance'' and
inserting ``malfeasance, or misappropriation of funds''.
(b) Placement in Other Personnel Systems.--Section 3594(a) of title
5, United States Code, is amended by striking ``or malfeasance'' and
inserting ``malfeasance, or misappropriation of funds''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Government Reform.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 113-186.
Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 113-186.
Placed on the Union Calendar, Calendar No. 134.
Mr. Meadows moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H5196-5202; text of measure as reported in House: CR H5196-5197)
DEBATE - The House proceeded with forty minutes of debate on H.R. 2579.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
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Pursuant to the provisions of H. Res. 322, H.R. 2579 is laid on the table.