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, for not more 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 alleged misconduct, neglect of duty, malfeasance, or misappropriation of funds; (2) place such employee on leave without pay if such employee's alleged conduct is determined to be serious or flagrant; or (3) remove such employee if such employee acted in a manner that endangers the interest of the agency mission.
Requires an agency 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 a reasonable time (not less than seven 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).
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]
[S. 1378 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1378
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 SENATE OF THE UNITED STATES
July 25, 2013
Mr. Blunt (for himself, Mr. Risch, Mr. Roberts, Ms. Ayotte, Mr.
Grassley, Mr. Cornyn, Mr. Coats, Mrs. Fischer, and Mr. Johanns)
introduced the following bill; which was read twice and referred to the
Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
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; and''.
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) the term `employee' has the meaning given such term
in section 7541; and
``(2) the term `investigative leave' means a temporary
absence without duty for disciplinary reasons that, except as
provided in section 7553(b)(4), shall not exceed a period of
more than 90 days.
``Sec. 7552. Actions covered
``This subchapter applies to investigative leave.
``Sec. 7553. Cause and procedure
``(a) Placing on Investigative Leave.--
``(1) In general.--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 alleged misconduct, neglect
of duty, malfeasance, or misappropriation of funds.
``(2) Without pay.--If an agency determines that the
alleged conduct of an employee is serious or flagrant, the
agency may place the employee on investigative leave without
pay.
``(b) Review.--
``(1) In general.--At the end of each 45-day period during
a period of investigative leave, the agency employing the
employee on investigative leave shall review the investigation
of the alleged misconduct, neglect of duty, malfeasance, or
misappropriation of funds by the employee.
``(2) Report.--Not later than 5 business days after the end
of each 45-day period described in paragraph (1), an agency
shall submit a report describing the review under paragraph (1)
to the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Oversight and Government
Reform of the House of Representatives.
``(3) Action.--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 the employee without pay; or
``(C) reinstate or restore the employee to duty.
``(4) Extension of period.--An agency may extend the period
of investigative leave with respect to an employee for 1
additional period not to exceed 90 days.
``(c) Procedure.--An employee against whom an action under 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 conduct of the
employee with respect to which an action covered by
this subchapter is proposed is serious or flagrant, in
accordance with regulations prescribed 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) Hearings Permissible.--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) Appeal.--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) Materials.--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) In General.--Notwithstanding any other provision of law, the
head of an agency may remove an employee for neglect of duty,
misappropriation of funds, or malfeasance 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 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 the employee
cannot be used in a manner that the head of the agency
considers consistent with the efficiency of the Government.
``(b) Procedure.--An employee removed under this section--
``(1) shall be notified of the reasons for such removal;
``(2) is entitled to submit, within 30 days after the
notification, to the official designated by the head of the
agency statements or affidavits to show why the employee should
be restored to duty;
``(3) shall be provided a written response by the head of
the agency if statements and affidavits are submitted under
paragraph (2); and
``(4) may be restored to duty if the head of the agency
determines it appropriate.
``(c) Notice.--If the head of an agency removes an employee under
the authority under this section, the head of the agency shall notify
Congress of the removal and the reasons for the removal.
``(d) Appeal.--An employee against whom an action is taken under
this section is entitled to appeal to the Merit Systems Protection
Board under section 7701.
``(e) Records.--Copies of the notice of proposed action, the answer
of the employee when written, a summary of the answer when made orally,
the notice of decision and reasons therefor, and any order effecting an
action covered by this section, 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 request of the employee.
``(f) Other Employment.--A removal under this section shall not
affect the right of the employee removed to seek or accept employment
with any other agency if that employee is declared eligible for such
employment by the Director of the Office of Personnel Management.
``(g) No Delegation.--The authority of the head of the agency under
this section may not be delegated.''.
(b) Clerical Amendment.--The table of sections for 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. 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 conduct of the
employee with respect to which an action covered by
this subchapter is proposed is serious or flagrant, in
accordance with regulations prescribed 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 Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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