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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2579 Reported in House (RH)]

                                                 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]

_______________________________________________________________________

                                 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) `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 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.''.

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

_______________________________________________________________________

                             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
```