I 

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. 

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’’. 


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1 SEC. 2. SUSPENSION FOR 14 DAYS OR LESS FOR SENIOR EX2 ECUTIVE SERVICE EMPLOYEES. 

3 Paragraph (1) of section 7501 of title 5, United 

4 States Code, is amended to read as follows: 

5 ‘‘(1) ‘employee’ means— 

6 ‘‘(A) an individual in the competitive serv7 ice who is not serving a probationary or trial 

8 period under an initial appointment or who has 

9 completed 1 year of current continuous employ10 ment in the same or similar positions under 

11 other than a temporary appointment limited to 

12 1 year or less; or 

13 ‘‘(B) a career appointee in the Senior Ex14 ecutive Service who— 

15 ‘‘(i) has completed the probationary 

16 period prescribed under section 3393(d); or 

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

18 subchapter II of this chapter immediately 

19 before appointment to the Senior Executive 

20 Service;’’. 

21 SEC. 3. INVESTIGATIVE LEAVE AND TERMINATION AU22 THORITY FOR SENIOR EXECUTIVE SERVICE 

23 EMPLOYEES. 

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

25 States Code, is amended by adding at the end the fol26 lowing: 


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1 ‘‘SUBCHAPTER VI—INVESTIGATIVE LEAVE FOR 

2 SENIOR EXECUTIVE SERVICE EMPLOYEES 

3 ‘‘§ 7551. Definitions 

4 ‘‘For the purposes of this subchapter— 

5 ‘‘(1) ‘employee’ has the meaning given such 

6 term in section 7541; and 

7 ‘‘(2) ‘investigative leave’ means a temporary ab8 sence without duty for disciplinary reasons, of a pe9 riod not greater than 90 days. 

10 ‘‘§ 7552. Actions covered 

11 ‘‘This subchapter applies to investigative leave. 

12 ‘‘§ 7553. Cause and procedure 

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

14 Personnel Management, an agency may place an employee 

15 on investigative leave, without loss of pay and without 

16 charge to annual or sick leave, only for misconduct, ne17 glect of duty, malfeasance, or misappropriation of funds. 

18 ‘‘(2) If an agency determines that such employee’s 

19 conduct is serious or flagrant, the agency may place such 

20 employee on investigative leave under this subchapter 

21 without pay. 

22 ‘‘(b)(1) At the end of each 45-day period during a 

23 period of investigative leave implemented under this sec24 tion, the relevant agency shall review the investigation into 


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1 the employee with respect to the misconduct, neglect of 

2 duty, malfeasance, or misappropriation of funds. 

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

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

5 describing such review to the Committee on Oversight and 

6 Government Reform of the House of Representatives and 

7 the Committee on Homeland Security and Governmental 

8 Affairs of the Senate. 

9 ‘‘(3) At the end of a period of investigative leave im10 plemented under this section, the agency shall— 

11 ‘‘(A) remove an employee placed on investiga12 tive leave under this section; 

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

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

15 ‘‘(4) The agency may extend the period of investiga16 tive leave with respect to an action under this subchapter 

17 for an additional period not to exceed 90 days. 

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

19 this subchapter is proposed is entitled to, before being 

20 placed on investigative leave under this section— 

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

22 stating specific reasons for the proposed action, un23 less— 

24 ‘‘(A) there is reasonable cause to believe 

25 that the employee has committed a crime for 


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1 which a sentence of imprisonment can be im2 posed; or 

3 ‘‘(B) the agency determines that the em4 ployee’s conduct with respect to which an action 

5 covered by this subchapter is proposed is seri6 ous or flagrant as prescribed in regulation by 

7 the Office of Personnel Management; 

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

9 days, to answer orally and in writing and to furnish 

10 affidavits and other documentary evidence in sup11 port of the answer; 

12 ‘‘(3) be represented by an attorney or other 

13 representative; and 

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

15 therefor at the earliest practicable date. 

16 ‘‘(d) An agency may provide, by regulation, for a 

17 hearing which may be in lieu of or in addition to the op18 portunity to answer provided under subsection (c)(2). 

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

20 under this section is entitled to appeal to the Merit Sys21 tems Protection Board under section 7701. 

22 ‘‘(f) Copies of the notice of proposed action, the an23 swer of the employee when written, and a summary there24 of when made orally, the notice of decision and reasons 

25 therefor, and any order effecting an action covered by this 


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1 subchapter, together with any supporting material, shall 

2 be maintained by the agency and shall be furnished to the 

3 Merit Systems Protection Board upon its request and to 

4 the employee affected upon the employee’s request. 

5 ‘‘SUBCHAPTER VII—REMOVAL OF SENIOR 

6 EXECUTIVE SERVICE EMPLOYEES 

7 ‘‘§ 7561. Definition 

8 ‘‘For purposes of this subchapter, the term ‘em9 ployee’ has the meaning given such term in section 7541. 

10 ‘‘§ 7562. Removal of Senior Executive Service employ11 ees 

12 ‘‘(a) Notwithstanding any other provision of law, the 

13 head of an agency may remove an employee if the head 

14 of the agency— 

15 ‘‘(1) determines that the employee acted in a 

16 manner that endangers the interest of the agency 

17 mission; 

18 ‘‘(2) considers the removal to be in the interests 

19 of the United States; and 

20 ‘‘(3) determines that the procedures prescribed 

21 in other provisions of law that authorize the removal 

22 of such employee cannot be invoked in a manner 

23 that the Secretary considers consistent with the effi24 ciency of the Government. 


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1 ‘‘(b) An employee removed under this section shall 

2 be notified of the reasons for such removal. Within 30 

3 days after the notification, the employee is entitled to sub4 mit to the official designated by the head of the agency 

5 statements or affidavits to show why the employee should 

6 be restored to duty. If such statements and affidavits are 

7 submitted, the head of the agency shall provide a written 

8 response, and may restore the employee’s employment if 

9 the head of the agency chooses. 

10 ‘‘(c) Except as provided under subsection (b), a deci11 sion by the head of the agency to remove an employee 

12 under this section is final and may not be appealed or 

13 reviewed outside the agency. 

14 ‘‘(d) Whenever the head of the agency removes an 

15 employee under the authority of this section, the head of 

16 the agency shall notify Congress of such termination. 

17 ‘‘(e) A removal under this section does not affect the 

18 right of the employee affected to seek or accept employ19 ment with any other department or agency of the United 

20 States if that employee is declared eligible for such em21 ployment by the Director of the Office of Personnel Man22 agement. 

23 ‘‘(f) The authority of the head of the agency under 

24 this section may not be delegated.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of chapter 75 of title 5, United States 

3 Code, is amended by adding after the item relating to sec4 tion 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.’’. 

5 SEC. 4. SUSPENSION OF SENIOR EXECUTIVE SERVICE EM6 PLOYEES. 

7 Section 7543 of title 5, United States Code, is 

8 amended— 

9 (1) in subsection (a), by inserting ‘‘misappro10 priation of funds,’’ after ‘‘malfeasance,’’; and 

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

12 (1) to read as follows: 

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

14 stating specific reasons for the proposed action, un15 less— 

16 ‘‘(A) there is reasonable cause to believe 

17 that the employee has committed a crime for 

18 which a sentence of imprisonment can be im19 posed; or 


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1 ‘‘(B) the agency determines that the em2 ployee’s conduct with respect to which an action 

3 covered by this subchapter is proposed is seri4 ous or flagrant as prescribed in regulation by 

5 the Office of Personnel Management;’’. 

6 SEC. 5. MISAPPROPRIATION OF FUNDS AMENDMENTS. 

7 (a) REINSTATEMENT IN THE SENIOR EXECUTIVE

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

9 is amended— 

10 (1) in subsection (a)(2), by inserting ‘‘mis11 appropriation of funds,’’ after ‘‘malfeasance,’’; and 

12 (2) in subsection (b), by striking ‘‘or malfea13 sance’’ and inserting ‘‘malfeasance, or misappropria14 tion of funds’’. 

15 (b) PLACEMENT IN OTHER PERSONNEL SYSTEMS.— 

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

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

18 or misappropriation of funds’’. 

Æ 


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