(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
Stop Government Abuse Act - Title I: Common Sense In Compensation - (Sec. 102) Prohibits the payment of certain discretionary monetary payments or performance awards to federal employees during any period of sequestration. Allows the head of an agency to waive the prohibition: (1) relating to performance awards, subject to the approval of the Director of the Office of Personnel Management (OPM); and (2) relating to discretionary payments, if such prohibition would violate the terms of a collective bargaining agreement.
Title II: Government Employee Accountability - (Sec. 202) Sets forth investigative leave requirements for federal employees in the competitive service and Senior Executive Service (SES) career employees. Defines "investigative leave" as a temporary absence without duty for disciplinary reasons, for up to 90 days.
Authorizes a federal agency to place an employee on investigative leave: (1) without loss of pay and without charge to annual or sick leave only for misconduct, neglect of duty, malfeasance, or misappropriation of funds; or (2) without pay if such employee's conduct is determined to be flagrant and the employee engaged in such conduct intentionally.
Requires an agency head to: (1) review the investigation into an employee's misconduct, neglect of duty, malfeasance, or misappropriation of funds at the end of each 45-day investigative period; (2) report on such review to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs not later than 5 business days after the end of each 45-day period; and (3) remove, suspend without pay, or reinstate or restore such employee to duty at the end of the investigative leave period. Allows an agency to extend a period of investigative leave for an additional period not to exceed 90 days.
Grants an employee placed on investigative leave certain rights, including: (1) 30 days' advance written notice of, and a reasonable time (not less than 7 days) 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).
Allows an agency head to remove an SES employee for serious neglect of duty, misappropriation of funds, or malfeasance if the agency head: (1) determines that the employee knowingly acted in a manner that endangers the interest of the agency mission, (2) considers the removal to be necessary or advisable in the interests of the United States, and (3) determines that other procedures authorizing removal are not efficient. Grants such employees notice and appeal rights.
(Sec. 204) Includes misappropriation of funds as a ground in suspending or reinstating an SES employee or placing such employee in another civil service position.
Title III: Citizen Empowerment - (Sec. 301) Grants individuals who are the target of enforcement actions by executive agency employees the right to record in-person and telephonic interactions. Requires that notice of such right be included in any written material provided to an individual concerning an audit, investigation, inspection, or enforcement action that could result in civil or criminal penalties or the collection of an unpaid tax. Requires each executive agency to post on its website information explaining the right of individuals to record interactions with agency employees.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2879 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2879
To provide limitations on bonuses for Federal employees during
sequestration, to provide for investigative leave requirements for
members of the Senior Executive Service, to establish certain
procedures for conducting in-person or telephonic interactions by
Executive branch employees with individuals, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 31, 2013
Ms. Jenkins (for herself, Mr. Meadows, and Mr. Kelly of Pennsylvania)
introduced the following bill; which was referred to the Committee on
Oversight and Government Reform, and in addition to the Committee on
the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide limitations on bonuses for Federal employees during
sequestration, to provide for investigative leave requirements for
members of the Senior Executive Service, to establish certain
procedures for conducting in-person or telephonic interactions by
Executive branch employees with individuals, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Stop Government
Abuse Act''.
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title; table of contents.
TITLE I--COMMON SENSE IN COMPENSATION
Sec. 101. Definitions.
Sec. 102. Limitations.
Sec. 103. Regulations.
TITLE II--GOVERNMENT EMPLOYEE ACCOUNTABILITY
Sec. 201. Suspension for 14 days or less for Senior Executive Service
employees.
Sec. 202. Investigative leave and termination authority for Senior
Executive Service employees.
Sec. 203. Suspension of Senior Executive Service employees.
Sec. 204. Misappropriation of funds amendments.
TITLE III--CITIZEN EMPOWERMENT
Sec. 301. Amendments.
TITLE I--COMMON SENSE IN COMPENSATION
SEC. 101. DEFINITIONS.
For purposes of this title--
(1) the term ``employee'' means an employee (as defined by
section 2105(a) of title 5, United States Code) holding a
position in or under an Executive agency;
(2) the term ``Executive agency'' has the meaning given
such term by section 105 of title 5, United States Code;
(3) the term ``discretionary monetary payment'' means--
(A) any award or other monetary payment under
chapter 45, or section 5753 or 5754, of title 5, United
States Code; and
(B) any step-increase under section 5336 of title
5, United States Code;
(4) the term ``covered compensation'', as used with respect
to an employee in connection with any period, means the sum
of--
(A) the basic pay, and
(B) any discretionary monetary payments (excluding
basic pay),
payable to such employee during such period;
(5) the term ``basic pay'' means basic pay for service as
an employee; and
(6) the term ``sequestration period'' means a period
beginning on the first day of a fiscal year in which a
sequestration order with respect to discretionary spending or
direct spending is issued under section 251A or section 254 of
the Balanced Budget and Emergency Deficit Control Act of 1985
and ending on the last day of the fiscal year to which the
sequestration order applies.
SEC. 102. LIMITATIONS.
(a) In General.--Notwithstanding any other provision of law--
(1) no discretionary monetary payment may be made to an
employee during any sequestration period to the extent that
such payment would cause in a fiscal year the total covered
compensation of such employee for such fiscal year to exceed
105 percent of the total amount of basic pay payable to such
individual (before the application of any step-increase in such
fiscal year under section 5336 of title 5, United States Code)
for such fiscal year; and
(2) except as provided in subsection (b), during any
sequestration period, an agency may not pay a performance award
under section 5384 of title 5, United States Code, to the
extent that such payment would cause the number of employees in
the agency receiving such award during such period to exceed 33
percent of the total number of employees in the agency eligible
to receive such award during such period.
(b) Waivers.--For the purposes of any sequestration period--
(1) the head of any agency may, subject to approval by the
Director of the Office of Personnel Management, waive the
requirements of subsection (a)(2); and
(2) the head of any agency may waive the requirements of
subsection (a)(1) with respect to any employee if the
requirements of such subsection would violate the terms of a
collective bargaining agreement covering such employee, except
that this paragraph shall not apply to any employee covered by
a collective bargaining agreement that is renewed on or after
the date of enactment of this title.
(c) Notification.--In the case of an agency for which the Director
of the Office of Personnel Management grants a waiver under subsection
(b)(1), the agency shall notify the Committee on Oversight and
Government Reform of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate of the
percentage of career appointees receiving performance awards under
section 5384 of title 5, United States Code, and the dollar amount of
each performance award.
(d) Application.--This section shall apply to any discretionary
monetary payment or performance award under section 5384 of title 5,
United States Code, made on or after the date of enactment of this
title.
SEC. 103. REGULATIONS.
The Office of Personnel Management may prescribe regulations to
carry out this title.
TITLE II--GOVERNMENT EMPLOYEE ACCOUNTABILITY
SEC. 201. 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. 202. 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, as prescribed in regulation by the
Office of Personnel Management, that such employee's conduct is
flagrant and that such employee intentionally engaged in such conduct,
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, as prescribed in
regulation by the Office of Personnel Management, that
the employee's conduct with respect to which an action
covered by this subchapter is proposed is flagrant and
that such employee intentionally engaged in such
conduct;
``(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 and consistent
with the requirements of subsection (b), the head of an agency may
remove an employee for serious neglect of duty, misappropriation of
funds, or malfeasance if the head of the agency--
``(1) determines that the employee knowingly acted in a
manner that endangers the interest of the agency mission;
``(2) considers the removal to be necessary or advisable 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 head of an agency
considers consistent with the efficiency of the Government.
``(b) An employee may not be removed under this section--
``(1) on any basis that would be prohibited under--
``(A) any provision of law referred to in section
2302(b)(1); or
``(B) paragraphs (8) or (9) of section 2302(b); or
``(2) on any basis, described in paragraph (1), as to which
any administrative or judicial proceeding--
``(A) has been commenced by or on behalf of such
employee; and
``(B) is pending.
``(c) 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.
``(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, and the specific reasons for the action.
``(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 of this title.
``(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.
``(g) 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.
``(h) 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 Service employees.''.
SEC. 203. 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, as prescribed in
regulation by the Office of Personnel Management, that
the employee's conduct with respect to which an action
covered by this subchapter is proposed is flagrant and
that such employee intentionally engaged in such
conduct;''.
SEC. 204. 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''.
TITLE III--CITIZEN EMPOWERMENT
SEC. 301. AMENDMENTS.
(a) In General.--Part III of title 5, United States Code, is
amended by inserting after chapter 79 the following:
``CHAPTER 79A--SERVICES TO MEMBERS OF THE PUBLIC
``Sec.
``7921. Procedure for in-person and telephonic interactions conducted
by Executive Branch employees.
``Sec. 7921. Procedure for in-person and telephonic interactions
conducted by Executive Branch employees
``(a) Purpose.--The purpose of this section is to ensure that
individuals have the right to record in-person and telephonic
interactions with Executive agency employees and to ensure that
individuals who are the target of enforcement actions conducted by
Executive agency employees are notified of such right.
``(b) Definitions.--For purposes of this section--
``(1) the term `telephonic' means by telephone or other
similar electronic device; and
``(2) the term `employee' means an employee of an Executive
agency.
``(c) Consent of Executive Agency Employees.--Participation by an
employee, acting in an official capacity, in an in-person or telephonic
interaction shall constitute consent by the employee to a recording of
that interaction by any participant in the interaction.
``(d) Notice of Rights When Federal Employees Engaged in Certain
Actions.--A notice of an individual's right to record conversations
with employees shall be included in any written material provided by an
Executive agency to the individual concerning an audit, investigation,
inspection, or enforcement action that could result in the imposition
of a fine, forfeiture of property, civil monetary penalty, or criminal
penalty against, or the collection of an unpaid tax, fine, or penalty
from, such individual or a business owned or operated by such
individual.
``(e) Official Representative.--Any person who is permitted to
represent before an Executive agency an individual under this section
shall receive the same notice as required under subsection (d) with
respect to such individual.
``(f) No Cause of Action.--This section does not create any express
or implied private right of action.
``(g) Disciplinary Action.--An employee who violates this section
shall be subject to appropriate disciplinary action in accordance with
otherwise applicable provisions of law.
``(h) Public Information Concerning Right To Record.--
``(1) Posting on agency web sites.--Within 180 days after
the date of the enactment of this section, each Executive
agency shall post prominently on its Web site information
explaining the right of individuals to record interactions with
employees.
``(2) OMB guidance.--Within 90 days after the date of the
enactment of this section, the Office of Management and Budget
shall issue guidance to Executive agencies concerning
implementation of paragraph (1).''.
(b) Clerical Amendment.--The analysis for part III of title 5,
United States Code, is amended by inserting after the item relating to
chapter 79 the following:
``79A. Services to members of the public.................... 7921''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Rules Committee Resolution H. Res. 322 Reported to House. In each case the rule provides for one hour of debate on the bill and one motion to recommit for each bill.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Rule H. Res. 322 passed House.
Considered under the provisions of rule H. Res. 322. (consideration: CR H5296-5306)
In each case the rule provides for one hour of debate on the bill and one motion to recommit for each bill.
DEBATE - The House proceeded with one hour of debate on H.R. 2879.
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The previous question was ordered pursuant to the rule. (consideration: CR H5305)
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 239 - 176 (Roll no. 436).(text: CR H5296-5298)
Roll Call #436 (House)On passage Passed by the Yeas and Nays: 239 - 176 (Roll no. 436). (text: CR H5296-5298)
Roll Call #436 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.