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Union Calendar No. 134 

113TH CONGRESS 

1ST SESSION H. R. 2579 

[Report No. 113–186] 

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 

JULY 31, 2013 

Additional sponsors: Mr. COLLINS of New York, Mr. WOMACK, Mr. MCCLINTOCK, Mr. KINGSTON, Mr. WESTMORELAND, Mr. NUGENT, Mr. CRAMER, 

Mr. BROUN of Georgia, Mrs. MILLER of Michigan, Mr. PEARCE, Mr. 

CRAWFORD, Mr. MCCAUL, Mr. MULLIN, Mr. LANKFORD, Mr. GINGREY

of Georgia, Mr. FITZPATRICK, Mr. WEBSTER of Florida, Mr. ROKITA, 

and Mrs. WALORSKI

JULY 31, 2013 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 28, 2013] 

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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. 

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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Government Employee 

5 Accountability Act’’. 

6 SEC. 2. SUSPENSION FOR 14 DAYS OR LESS FOR SENIOR EX7 ECUTIVE SERVICE EMPLOYEES. 

8 Paragraph (1) of section 7501 of title 5, United States 

9 Code, is amended to read as follows: 

10 ‘‘(1) ‘employee’ means— 

11 ‘‘(A) an individual in the competitive serv12 ice who is not serving a probationary or trial 

13 period under an initial appointment or who has 

14 completed 1 year of current continuous employ15 ment in the same or similar positions under 

16 other than a temporary appointment limited to 

17 1 year or less; or 

18 ‘‘(B) a career appointee in the Senior Exec19 utive Service who— 

20 ‘‘(i) has completed the probationary 

21 period prescribed under section 3393(d); or 

22 ‘‘(ii) was covered by the provisions of 

23 subchapter II of this chapter immediately 

24 before appointment to the Senior Executive 

25 Service; and’’. 

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1 SEC. 3. INVESTIGATIVE LEAVE AND TERMINATION AUTHOR2 ITY FOR SENIOR EXECUTIVE SERVICE EM3 PLOYEES. 

4 (a) IN GENERAL.—Chapter 75 of title 5, United States 

5 Code, is amended by adding at the end the following: 

6 ‘‘SUBCHAPTER VI—INVESTIGATIVE LEAVE FOR 

7 SENIOR EXECUTIVE SERVICE EMPLOYEES 

8 ‘‘§ 7551. Definitions 

9 ‘‘For the purposes of this subchapter— 

10 ‘‘(1) ‘employee’ has the meaning given such term 

11 in section 7541; and 

12 ‘‘(2) ‘investigative leave’ means a temporary ab13 sence without duty for disciplinary reasons, of a pe14 riod not greater than 90 days. 

15 ‘‘§ 7552. Actions covered 

16 ‘‘This subchapter applies to investigative leave. 

17 ‘‘§ 7553. Cause and procedure 

18 ‘‘(a)(1) Under regulations prescribed by the Office of 

19 Personnel Management, an agency may place an employee 

20 on investigative leave, without loss of pay and without 

21 charge to annual or sick leave, only for misconduct, neglect 

22 of duty, malfeasance, or misappropriation of funds. 

23 ‘‘(2) If an agency determines, as prescribed in regula24 tion by the Office of Personnel Management, that such em25 ployee’s conduct is flagrant and that such employee inten26 tionally engaged in such conduct, the agency may place 

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1 such employee on investigative leave under this subchapter 

2 without pay. 

3 ‘‘(b)(1) At the end of each 45-day period during a pe4 riod of investigative leave implemented under this section, 

5 the relevant agency shall review the investigation into the 

6 employee with respect to the misconduct, neglect of duty, 

7 malfeasance, or misappropriation of funds. 

8 ‘‘(2) Not later than 5 business days after the end of 

9 each such 45-day period, the agency shall submit a report 

10 describing such review to the Committee on Oversight and 

11 Government Reform of the House of Representatives and the 

12 Committee on Homeland Security and Governmental Af13 fairs of the Senate. 

14 ‘‘(3) At the end of a period of investigative leave imple15 mented under this section, the agency shall— 

16 ‘‘(A) remove an employee placed on investigative 

17 leave under this section; 

18 ‘‘(B) suspend such employee without pay; or 

19 ‘‘(C) reinstate or restore such employee to duty. 

20 ‘‘(4) The agency may extend the period of investigative 

21 leave with respect to an action under this subchapter for 

22 an additional period not to exceed 90 days. 

23 ‘‘(c) An employee against whom an action covered by 

24 this subchapter is proposed is entitled to, before being placed 

25 on investigative leave under this section— 

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1 ‘‘(1) at least 30 days’ advance written notice, 

2 stating specific reasons for the proposed action, un3 less— 

4 ‘‘(A) there is reasonable cause to believe that 

5 the employee has committed a crime for which a 

6 sentence of imprisonment can be imposed; or 

7 ‘‘(B) the agency determines, as prescribed in 

8 regulation by the Office of Personnel Manage9 ment, that the employee’s conduct with respect to 

10 which an action covered by this subchapter is 

11 proposed is flagrant and that such employee in12 tentionally engaged in such conduct; 

13 ‘‘(2) a reasonable time, but not less than 7 days, 

14 to answer orally and in writing and to furnish affi15 davits and other documentary evidence in support of 

16 the answer; 

17 ‘‘(3) be represented by an attorney or other rep18 resentative; and 

19 ‘‘(4) a written decision and specific reasons 

20 therefor at the earliest practicable date. 

21 ‘‘(d) An agency may provide, by regulation, for a hear22 ing which may be in lieu of or in addition to the oppor23 tunity to answer provided under subsection (c)(2). 

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1 ‘‘(e) An employee against whom an action is taken 

2 under this section is entitled to appeal to the Merit Systems 

3 Protection Board under section 7701. 

4 ‘‘(f) Copies of the notice of proposed action, the answer 

5 of the employee when written, and a summary thereof when 

6 made orally, the notice of decision and reasons therefor, and 

7 any order effecting an action covered by this subchapter, 

8 together with any supporting material, shall be maintained 

9 by the agency and shall be furnished to the Merit Systems 

10 Protection Board upon its request and to the employee af11 fected upon the employee’s request. 

12 ‘‘SUBCHAPTER VII—REMOVAL OF SENIOR 

13 EXECUTIVE SERVICE EMPLOYEES 

14 ‘‘§ 7561. Definition 

15 ‘‘For purposes of this subchapter, the term ‘employee’ 

16 has the meaning given such term in section 7541. 

17 ‘‘§ 7562. Removal of Senior Executive Service employ18 ees 

19 ‘‘(a) Notwithstanding any other provision of law and 

20 consistent with the requirements of subsection (b), the head 

21 of an agency may remove an employee for serious neglect 

22 of duty, misappropriation of funds, or malfeasance if the 

23 head of the agency— 

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1 ‘‘(1) determines that the employee knowingly 

2 acted in a manner that endangers the interest of the 

3 agency mission; 

4 ‘‘(2) considers the removal to be necessary or ad5 visable in the interests of the United States; and 

6 ‘‘(3) determines that the procedures prescribed in 

7 other provisions of law that authorize the removal of 

8 such employee cannot be invoked in a manner that 

9 the head of an agency considers consistent with the ef10 ficiency of the Government. 

11 ‘‘(b) An employee may not be removed under this sec12 tion— 

13 ‘‘(1) on any basis that would be prohibited 

14 under— 

15 ‘‘(A) any provision of law referred to in sec16 tion 2302(b)(1); or 

17 ‘‘(B) paragraphs (8) or (9) of section 

18 2302(b); or 

19 ‘‘(2) on any basis, described in paragraph (1), as 

20 to which any administrative or judicial proceeding— 

21 ‘‘(A) has been commenced by or on behalf of 

22 such employee; and 

23 ‘‘(B) is pending. 

24 ‘‘(c) An employee removed under this section shall be 

25 notified of the reasons for such removal. Within 30 days 

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1 after the notification, the employee is entitled to submit to 

2 the official designated by the head of the agency statements 

3 or affidavits to show why the employee should be restored 

4 to duty. If such statements and affidavits are submitted, 

5 the head of the agency shall provide a written response, and 

6 may restore the employee’s employment if the head of the 

7 agency chooses. 

8 ‘‘(d) Whenever the head of the agency removes an em9 ployee under the authority of this section, the head of the 

10 agency shall notify Congress of such termination, and the 

11 specific reasons for the action. 

12 ‘‘(e) An employee against whom an action is taken 

13 under this section is entitled to appeal to the Merit Systems 

14 Protection Board under section 7701 of this title. 

15 ‘‘(f) Copies of the notice of proposed action, the answer 

16 of the employee when written, and a summary thereof when 

17 made orally, the notice of decision and reasons therefor, and 

18 any order effecting an action covered by this subchapter, 

19 together with any supporting material, shall be maintained 

20 by the agency and shall be furnished to the Merit Systems 

21 Protection Board upon its request and to the employee af22 fected upon the employee’s request. 

23 ‘‘(g) A removal under this section does not affect the 

24 right of the employee affected to seek or accept employment 

25 with any other department or agency of the United States 

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1 if that employee is declared eligible for such employment 

2 by the Director of the Office of Personnel Management. 

3 ‘‘(h) The authority of the head of the agency under this 

4 section may not be delegated.’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections at 

6 the beginning of chapter 75 of title 5, United States Code, 

7 is amended by adding at the end 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.’’. 

8 SEC. 4. SUSPENSION OF SENIOR EXECUTIVE SERVICE EM9 PLOYEES. 

10 Section 7543 of title 5, United States Code, is amend11 ed— 

12 (1) in subsection (a), by inserting ‘‘misappro13 priation of funds,’’ after ‘‘malfeasance,’’; and 

14 (2) in subsection (b), by amending paragraph 

15 (1) to read as follows: 

16 ‘‘(1) at least 30 days’ advance written notice, 

17 stating specific reasons for the proposed action, un18 less— 

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1 ‘‘(A) there is reasonable cause to believe that 

2 the employee has committed a crime for which a 

3 sentence of imprisonment can be imposed; or 

4 ‘‘(B) the agency determines, as prescribed in 

5 regulation by the Office of Personnel Manage6 ment, that the employee’s conduct with respect to 

7 which an action covered by this subchapter is 

8 proposed is flagrant and that such employee in9 tentionally engaged in such conduct;’’. 

10 SEC. 5. MISAPPROPRIATION OF FUNDS AMENDMENTS. 

11 (a) REINSTATEMENT IN THE SENIOR EXECUTIVE

12 SERVICE.—Section 3593 of title 5, United States Code, is 

13 amended— 

14 (1) in subsection (a)(2), by inserting ‘‘misappro15 priation of funds,’’ after ‘‘malfeasance,’’; and 

16 (2) in subsection (b), by striking ‘‘or malfea17 sance’’ and inserting ‘‘malfeasance, or misappropria18 tion of funds’’. 

19 (b) PLACEMENT IN OTHER PERSONNEL SYSTEMS.— 

20 Section 3594(a) of title 5, United States Code, is amended 

21 by striking ‘‘or malfeasance’’ and inserting ‘‘malfeasance, 

22 or misappropriation of funds’’. 

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Union Calendar No. 134 

113TH CONGRESS 

1ST SESSION H. R. 2579 

[Report No. 113–186] 

A BILL 

To amend title 5, United States Code, to provide 

other purposes. to Senior Executive Service employees, and for for investigative leave requirements with respect 

JULY 31, 2013 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 

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