29–006 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 113–186 

GOVERNMENT EMPLOYEE ACCOUNTABILITY ACT 

JULY 31, 2013.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. ISSA, from the Committee on Oversight and Government 

Reform, submitted the following 

R E P O R T 

together with 

MINORITY VIEWS 

[To accompany H.R. 2579] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Oversight and Government Reform, to whom 

was referred the bill (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, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. 

CONTENTS 

Page 

Amendment .............................................................................................................. 2 

Committee Statement and Views ........................................................................... 4 

Section-by-Section .................................................................................................... 5 

Explanation of Amendments ................................................................................... 6 

Committee Consideration ........................................................................................ 7 

Roll Call Votes ......................................................................................................... 7 

Application of Law to the Legislative Branch ....................................................... 7 

Statement of Oversight Findings and Recommendations of the Committee ...... 7 

Statement of General Performance Goals and Objectives .................................... 7 

Duplication of Federal Programs ............................................................................ 8 

Disclosure of Directed Rule Makings ..................................................................... 8 

Federal Advisory Committee Act ............................................................................ 8 

Unfunded Mandate Statement ............................................................................... 8 

Earmark Identification ............................................................................................ 8 

Committee Estimate ................................................................................................ 8 

Budget Authority and Congressional Budget Office Cost Estimate .................... 8 

Changes in Existing Law Made by the Bill as Reported ...................................... 9 

Minority Views ......................................................................................................... 15 


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AMENDMENT

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

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 

‘‘§ 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. 

‘‘§ 7552. Actions covered 

‘‘This subchapter applies to investigative leave. 

‘‘§ 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 


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‘‘(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 

‘‘§ 7561. Definition 

‘‘For purposes of this subchapter, the term ‘employee’ has the meaning given such 

term in section 7541. 

‘‘§ 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. 


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‘‘(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’’. 

COMMITTEE STATEMENT AND VIEWS

PURPOSE AND SUMMARY

H.R. 2579 provides agencies with additional tools to hold Senior 

Executive Service (SES) employees accountable for their actions. 

The legislation allows an SES employee to be fired for neglect of 

duty, misappropriation of funds, or malfeasance, and gives agencies 

discretion to place SES employees on unpaid leave, while maintaining existing due process rights. The legislation responds to the 

Committee’s review of numerous employees in the SES whose behavior is unacceptable, irresponsible, and in some instances, illegal. 

The bill represents an important step in ensuring senior leaders 

are held to a high standard, especially when their conduct is flagrant. 

BACKGROUND AND NEED FOR LEGISLATION

This Committee has uncovered numerous examples of high-ranking government employees engaging in behavior contrary to the 

principles of public service, including those in the Senior Executive 

Service (SES) who frivolously spend taxpayer dollars on lavish and 

unnecessary conferences; those whose agency inappropriately targeted conservative groups seeking tax exempt status; and those 

whose leadership resulted in discrimination against veterans and 

retaliation against whistleblowers. 


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Even when accused of serious wrongdoing, these individuals are 

typically placed on administrative leave with pay. 

Senior Executive Service employees serve in key leadership positions, and must be held accountable for individual and organizational performance. When SES employees engage in misconduct, 

they must be held to a high standard, especially when their conduct is flagrant. 

H.R. 2579 provides additional tools for agencies to use when 

their senior executives have engaged in misappropriation of funds, 

misconduct, neglect of duty, or malfeasance. 

LEGISLATIVE HISTORY

H.R. 2579 was introduced by Rep. Mike Kelly on June 28, 2013. 

The legislation was marked up by the Committee on July 24, 2013. 

There were several amendments adopted, which are described in 

this report. 

A version of this bill was adopted unanimously by this Committee last Congress. It passed the House by a vote of 402 to 2 on 

December 19, 2012. 

SECTION-BY-SECTION

Section 1. Short title 

The short title of the bill is the ‘‘Government Employee Accountability Act.’’ 

Section 2. Suspension for 14 days or less for Senior Executive Service employees 

Section 2 grants agencies discretionary authority to suspend 

without pay a member of the Senior Executive Service (SES) for 14 

days or less. The provision makes SES employees subject to shortterm suspensions in the same manner as those they supervise. 

Section 3. Investigative leave and termination authority for Senior 

Executive Service employees 

Section 3 establishes two new subchapters within chapter 75 of 

title 5. The first subchapter provides agencies authority to place an 

SES employee on investigative leave. Investigative leave is defined 

as a temporary absence without duty for a period not to exceed 90 

days, for disciplinary reasons. 

Under regulations prescribed by the Office of Personnel Management, the agencies may place an SES employee on investigative 

leave, with pay, for misconduct, neglect of duty, malfeasance, or 

misappropriation of funds. SES employees whose misconduct is determined to be serious or flagrant may be placed on investigative 

leave without pay. 

Following each 45-day period of investigative leave, the agency 

must review the investigation into the SES employee’s conduct and 

describe the review to the House Committee on Oversight and Government Reform and Senate Committee on Homeland Security and 

Governmental Affairs. 

At the end of the period of investigative leave, the agency must: 

(1) remove the employee; (2) suspend the employee without pay; or 

(3) restore the employee to duty. The agency may extend the period 

of investigative leave for an additional 90 days. 


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SES employees retain their existing due process rights afforded 

to them under chapter 75, including the right to appeal to the 

Merit Systems Protection Board. 

The second new subchapter allows for the removal of SES employees if the head of an agency: (1) determines that the employee 

acted in a manner that endangered the interest of the agency; (2) 

considers the removal to be in the best interests of the United 

States; and (3) determines that existing procedures prescribed in 

law cannot be invoked in a manner that the Secretary considers 

consistent with the efficiency of government. 

An agency is prohibited from using the expedited termination 

procedure to retaliate against an SES employee who has a pending 

claim of discrimination or a pending claim of whistleblower retaliation. 

Such an employee shall be given notice of the reasons for removal. Within 30 days after notice is given, the employee is entitled to submit to the head of the agency statements or affidavits 

to show why the employee should be restored to duty. The head of 

the agency shall respond in writing to that information, and may 

restore the employee back to duty. 

The decision of the head of the agency to remove the employee 

is final and may not be appealed or reviewed by an outside agency. 

If the head of an agency removes an employee, he or she shall 

notify Congress of that termination. 

Termination would not affect the right of the employee to seek 

other federal employment if they are otherwise eligible. 

Section 4. Suspension of Senior Executive Service employees 

Section 4 allows for an SES employee to be terminated or suspended without pay for more than 14 days for misappropriation of 

funds. The SES employee is not entitled to 30 days advance notice 

of the proposed termination or suspension without pay if a crime 

has been committed or if the employee’s conduct is serious or flagrant. 

Section 5. Misappropriation of funds amendments 

Section 5 makes conforming changes to reinstatement or placement of SES employees who misappropriate funds. 

EXPLANATION OF AMENDMENTS

The Committee adopted by voice vote an amendment in the nature of a substitute offered by Mr. Issa. 

The Committee adopted by voice vote an amendment offered by 

Mr. Cummings and Ms. Norton to prohibit an agency from using 

the expedited termination procedure to retaliate against an SES 

employee who has a pending claim of discrimination. 

The Committee adopted by voice vote an amendment offered by 

Mr. Connolly to prohibit an agency from using the expedited termination procedure to retaliate against an SES employee who has a 

pending claim of whistleblower retaliation. 

The Committee adopted by voice vote an amendment by Mr. 

Lynch that would change the threshold used by an agency head to 

discipline an employee using the new authorities in this Act. 

The Committee adopted by voice vote an amendment by Ms. 

Speier that makes several changes to the standard for immediate 


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termination, allowing an agency to terminate an SES employee for 

serious neglect of duty, misappropriation of funds, or malfeasance 

if the agency determines the SES employee acted in a manner that 

knowingly endangers the interest of the agency mission. 

The Committee rejected by a vote of 17 ayes to 22 noes an 

amendment by Mr. Lynch that would prevent an agency head from 

terminating a Senior Executive Service employee without an administrative waiting period. 

COMMITTEE CONSIDERATION

On July 24, 2013, the Committee met in open session and ordered reported favorably the bill, H.R. 2579, as amended, by voice 

vote, a quorum being present. 

ROLL CALL VOTES

One vote occurred during consideration of H.R. 2579—on the 

Lynch amendment to the Issa ANS (regarding an agency head terminating an SES employee without due process). The amendment 

was defeated by a vote of 17 ayes to 22 noes. 

Voting aye: Cummings, Maloney, Norton, Tierney, Clay, Lynch, 

Cooper, Connolly, Speier, Cartwright, Pocan, Duckworth, Kelly, 

Davis, Welch, Ca ́ rdenas, and Lujan Grisham. 

Voting no: Issa, Mica, Turner, McHenry, Jordan, Chaffetz, 

Walberg, Lankford, Amash, Gosar, Meehan, DesJarlais, Gowdy, 

Farenthold, Hastings, Lummis, Woodall, Massie, Collins, Meadows, 

Bentivolio, and DeSantis. 

APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1 requires a description of 

the application of this bill to the legislative branch where the bill 

relates to the terms and conditions of employment or access to public services and accommodations. This bill allows an SES employee 

to be fired for neglect of duty, misappropriation of funds, or malfeasance, and gives agencies discretion to place SES employees on unpaid leave, while maintaining existing due process rights. Legislative branch employees and their families, to the extent that they 

are otherwise eligible for the benefits provided by this legislation, 

have equal access to its benefits. 

STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF

THE COMMITTEE

In compliance with clause 3(c)(1) of rule XIII and clause (2)(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

descriptive portions of this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goals and 

objectives are reflected in the descriptive portions of this report. 


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DUPLICATION OF FEDERAL PROGRAMS

No provision of H.R. 2579 establishes or reauthorizes a program 

of the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the 

Government Accountability Office to Congress pursuant to section 

21 of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULE MAKINGS

H.R. 2579 directs OPM to prescribe regulations related to SES 

employees who may be placed on administrative leave with pay, 

administrative leave without pay, and investigative leave. 

FEDERAL ADVISORY COMMITTEE ACT

The Committee finds that the legislation does not establish or 

authorize the establishment of an advisory committee within the 

definition of 5 U.S.C. App., Section 5(b). 

UNFUNDED MANDATE STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandate 

Reform Act, P.L. 104–4) requires a statement as to whether the 

provisions of the reported include unfunded mandates. In compliance with this requirement the Committee has received a letter 

from the Congressional Budget Office included herein. 

EARMARK IDENTIFICATION

H.R. 2579 does not include any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9 of rule 

XXI. 

COMMITTEE ESTIMATE

Clause 3(d)(2) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison by the Committee of the costs that would be incurred in carrying out H.R. 

2579. However, clause 3(d)(3)(B) of that rule provides that this requirement does not apply when the Committee has included in its 

report a timely submitted cost estimate of the bill prepared by the 

Director of the Congressional Budget Office under section 402 of 

the Congressional Budget Act. 

BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST

ESTIMATE

With respect to the requirements of clause 3(c)(2) of rule XIII of 

the Rules of the House of Representatives and section 308(a) of the 

Congressional Budget Act of 1974 and with respect to requirements 

of clause (3)(c)(3) of rule XIII of the Rules of the House of Representatives and section 402 of the Congressional Budget Act of 

1974, the Committee has received the following cost estimate for 

H.R. 2579 from the Director of Congressional Budget Office: 


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JULY 30, 2013. 

Hon. DARRELL ISSA, 

Chairman, Committee on Oversight and Government Reform, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2579, the Government 

Employee Accountability Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Santiago Vallinas. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

H.R. 2579—Government Employee Accountability Act 

CBO estimates that implementing H.R. 2579 would not have a 

significant impact on federal spending. Enacting the bill could affect revenues; therefore, pay-as-you-go procedures apply. However, 

CBO estimates that any effects would be insignificant for each 

year. 

H.R. 2579 would allow agencies to place federal employees who 

are part of the Senior Executive Service (SES) on unpaid leave for 

up to 180 days if they are being investigated for misappropriation 

of funds, misconduct, neglect of duty, or malfeasance; serious violations would lead to immediate termination. Currently, investigations of such offenses generally require agencies to initially place 

employees on paid leave, but later those employees may be suspended indefinitely without pay or terminated. Agencies do not 

track administrative leave for misconduct separately, so CBO cannot determine how many times such suspensions have occurred in 

the past. According to the Office of Personnel Management and 

other federal agencies, such situations are very uncommon. CBO 

assumes that even under H.R. 2579, suspensions for misconduct 

would continue to be uncommon and therefore only a few SES employees would be subject to unpaid leave or termination over the 

2014–2023 period. 

Implementing this bill would lead to lower discretionary spending for salaries and expenses for those placed on unpaid administrative leave or terminated, but CBO estimates that such reductions would be small because of the small number of employees 

likely to be affected. Because some affected employees would not 

receive a salary for a period of time, they also would not make 

scheduled retirement contributions, resulting in a reduction in revenues. CBO estimates that those reductions also would not be significant. 

H.R. 2579 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Santiago Vallinas. The 

estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 


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as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

TITLE 5, UNITED STATES CODE 

* * * * * * * 

PART III—EMPLOYEES 

* * * * * * * 

SUBPART B—EMPLOYMENT AND RETENTION 

* * * * * * * 

CHAPTER 35—RETENTION PREFERENCE, VOLUNTARY 

SEPARATION INCENTIVE PAYMENTS, RESTORATION, 

AND REEMPLOYMENT 

* * * * * * * 

SUBCHAPTER V—REMOVAL, REINSTATEMENT, AND GUARANTEED PLACEMENT IN THE SENIOR EXECUTIVE SERVICE 

* * * * * * * 

§ 3593. Reinstatement in the Senior Executive Service 

(a) A former career appointee may be reinstated, without regard 

to section 3393(b) and (c) of this title, to any Senior Executive Service position for which the appointee is qualified if— 

(1) * * * 

(2) the appointee left the Senior Executive Service for reasons other than misconduct, neglect of duty, malfeasance, misappropriation of funds, or less than fully successful executive 

performance as determined under subchapter II of chapter 43. 

(b) A career appointee who is appointed by the President to any 

civil service position outside the Senior Executive Service and who 

leaves the position for reasons other than misconduct, neglect of 

duty, øor malfeasance¿ malfeasance, or misappropriation of funds 

shall be entitled to be placed in the Senior Executive Service if the 

appointee applies to the Office of Personnel Management within 90 

days after separation from the Presidential appointment. 

* * * * * * * 

§ 3594. Guaranteed placement in other personnel systems 

(a) A career appointee who was appointed from a civil service position held under a career or career-conditional appointment (or an 

appointment of equivalent tenure, as determined by the Office of 

Personnel Management) and who, for reasons other than misconduct, neglect of duty, øor malfeasance¿ malfeasance, or misappropriation of funds, is removed from the Senior Executive Service during the probationary period under section 3393(d) of this 


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title, shall be entitled to be placed in a civil service position (other 

than a Senior Executive Service position) in any agency. 

* * * * * * * 

SUBPART F—LABOR-MANAGEMENT AND 

EMPLOYEE RELATIONS 

* * * * * * * 

CHAPTER 75—ADVERSE ACTIONS 

SUBCHAPTER I—SUSPENSION OF 14 DAYS OR LESS 

Sec. 

7501. Definitions. 

* * * * * * * 

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. 

SUBCHAPTER I—SUSPENSION FOR 14 DAYS OR LESS 

§ 7501. Definitions 

For the purpose of this subchapter— 

ø(1) ‘‘employee’’ means 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; 

and¿ 

(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 

* * * * * * * 

SUBCHAPTER V—SENIOR EXECUTIVE SERVICE 

* * * * * * * 


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§ 7543. Cause and procedure 

(a) Under regulations prescribed by the Office of Personnel Management, an agency may take an action covered by this subchapter 

against an employee only for misconduct, neglect of duty, malfeasance, misappropriation of funds, or failure to accept a directed reassignment or to accompany a position in a transfer of function. 

(b) An employee against whom an action covered by this subchapter is proposed is entitled to— 

ø(1) at least 30 days’ advance written notice, unless there is 

reasonable cause to believe that the employee has committed 

a crime for which a sentence of imprisonment can be imposed, 

stating specific reasons for the proposed action;¿ 

(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; 

* * * * * * * 

SUBCHAPTER VI—INVESTIGATIVE LEAVE FOR SENIOR 

EXECUTIVE SERVICE EMPLOYEES 

§ 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. 

§ 7552. Actions covered 

This subchapter applies to investigative leave. 

§ 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. 


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13 

(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 

§ 7561. Definition 

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

meaning given such term in section 7541. 


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§ 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. 

* * * * * * * 


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(15) 

MINORITY VIEWS 

Committee Democrats oppose H.R. 2579, the Government Employee Accountability Act. H.R. 2579, as amended, would give an 

agency head broad discretion to place a Senior Executive on unpaid 

investigative leave or suspension or to fire the employee immediately without advance notice. The bill would provide no opportunity for a proper investigation or for the employee to address the 

agency head’s concerns before such action is initiated. 

The legislation would eliminate due process protections and is 

unnecessary. During Committee consideration, the majority offered 

an Amendment in the Nature of a Substitute that revised the 

standard under which an agency may remove a Senior Executive 

and provided an employee the right to appeal to the Merit Systems 

Protection Board. In addition, several Democratic amendments 

were accepted that protected employees alleging whistleblower retaliation and discrimination claims and raised the standard for immediate removal, leave, and suspension. However, the majority did 

not accept an amendment offered by Representative Lynch that 

would have applied existing due process protections to the expedited removal provisions in the bill. 

H.R. 2579 would strip existing due process protections that were 

put in place to protect civil servants from partisan, political influence. It would shift the burden onto the employee to prove his or 

her innocence and to seek reinstatement. This is contrary to the 

core legal principle of the American justice system—the presumption that one is innocent until proven guilty. 

Under section 7543 of title 5 of the U.S. Code, agencies already 

may take action against Senior Executives for misconduct, neglect 

of duty, malfeasance, or failure to accept a reassignment or a transfer of function. However, current law requires agencies to give Senior Executive employees 30 days’ advance notice before disciplinary 

action is commenced, unless there is reasonable cause to believe 

that the employee has committed a crime. Abuses committed by 

government employees certainly need to be addressed, but it should 

not be done by denying employees due process rights. 

ELIJAH E. CUMMINGS, 

Ranking Member. 

Æ 


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