II 

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. 

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; and’’. 

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) the term ‘employee’ has the meaning given 

6 such term in section 7541; and 

7 ‘‘(2) the term ‘investigative leave’ means a tem8 porary absence without duty for disciplinary reasons 

9 that, except as provided in section 7553(b)(4), shall 

10 not exceed a period of more than 90 days. 

11 ‘‘§ 7552. Actions covered 

12 ‘‘This subchapter applies to investigative leave. 

13 ‘‘§ 7553. Cause and procedure 

14 ‘‘(a) PLACING ON INVESTIGATIVE LEAVE.— 

15 ‘‘(1) IN GENERAL.—Under regulations pre16 scribed by the Office of Personnel Management, an 

17 agency may place an employee on investigative leave, 

18 without loss of pay and without charge to annual or 

19 sick leave, only for alleged misconduct, neglect of 

20 duty, malfeasance, or misappropriation of funds. 

21 ‘‘(2) WITHOUT PAY.—If an agency determines 

22 that the alleged conduct of an employee is serious or 

23 flagrant, the agency may place the employee on in24 vestigative leave without pay. 

25 ‘‘(b) REVIEW.— 

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1 ‘‘(1) IN GENERAL.—At the end of each 45-day 

2 period during a period of investigative leave, the 

3 agency employing the employee on investigative leave 

4 shall review the investigation of the alleged mis5 conduct, neglect of duty, malfeasance, or misappro6 priation of funds by the employee. 

7 ‘‘(2) REPORT.—Not later than 5 business days 

8 after the end of each 45-day period described in 

9 paragraph (1), an agency shall submit a report de10 scribing the review under paragraph (1) to the Com11 mittee on Homeland Security and Governmental Af12 fairs of the Senate and the Committee on Oversight 

13 and Government Reform of the House of Represent14 atives. 

15 ‘‘(3) ACTION.—At the end of a period of inves16 tigative leave implemented under this section, the 

17 agency shall— 

18 ‘‘(A) remove an employee placed on inves19 tigative leave under this section; 

20 ‘‘(B) suspend the employee without pay; or 

21 ‘‘(C) reinstate or restore the employee to 

22 duty. 

23 ‘‘(4) EXTENSION OF PERIOD.—An agency may 

24 extend the period of investigative leave with respect 

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1 to an employee for 1 additional period not to exceed 

2 90 days. 

3 ‘‘(c) PROCEDURE.—An employee against whom an 

4 action under this subchapter is proposed is entitled to, be5 fore being placed on investigative leave under this sec6 tion— 

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

8 stating specific reasons for the proposed action, un9 less— 

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

11 that the employee has committed a crime for 

12 which a sentence of imprisonment can be im13 posed; or 

14 ‘‘(B) the agency determines that the con15 duct of the employee with respect to which an 

16 action covered by this subchapter is proposed is 

17 serious or flagrant, in accordance with regula18 tions prescribed by the Office of Personnel 

19 Management; 

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

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

22 affidavits and other documentary evidence in sup23 port of the answer; 

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

25 representative; and 

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

2 therefor at the earliest practicable date. 

3 ‘‘(d) HEARINGS PERMISSIBLE.—An agency may pro4 vide, by regulation, for a hearing which may be in lieu 

5 of or in addition to the opportunity to answer provided 

6 under subsection (c)(2). 

7 ‘‘(e) APPEAL.—An employee against whom an action 

8 is taken under this section is entitled to appeal to the 

9 Merit Systems Protection Board under section 7701. 

10 ‘‘(f) MATERIALS.—Copies of the notice of proposed 

11 action, the answer of the employee when written, and a 

12 summary thereof when made orally, the notice of decision 

13 and reasons therefor, and any order effecting an action 

14 covered by this subchapter, together with any supporting 

15 material, shall be maintained by the agency and shall be 

16 furnished to the Merit Systems Protection Board upon its 

17 request and to the employee affected upon the employee’s 

18 request. 

19 ‘‘SUBCHAPTER VII—REMOVAL OF SENIOR 

20 EXECUTIVE SERVICE EMPLOYEES 

21 ‘‘§ 7561. Definition 

22 ‘‘For purposes of this subchapter, the term ‘em23 ployee’ has the meaning given such term in section 7541. 

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1 ‘‘§ 7562. Removal of Senior Executive Service employ2 ees 

3 ‘‘(a) IN GENERAL.—Notwithstanding any other pro4 vision of law, the head of an agency may remove an em5 ployee for neglect of duty, misappropriation of funds, or 

6 malfeasance if the head of the agency— 

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

8 manner that endangers the interest of the agency 

9 mission; 

10 ‘‘(2) considers the removal to be necessary or 

11 advisable in the interests of the United States; and 

12 ‘‘(3) determines that the procedures prescribed 

13 in other provisions of law that authorize the removal 

14 of the employee cannot be used in a manner that the 

15 head of the agency considers consistent with the effi16 ciency of the Government. 

17 ‘‘(b) PROCEDURE.—An employee removed under this 

18 section— 

19 ‘‘(1) shall be notified of the reasons for such re20 moval; 

21 ‘‘(2) is entitled to submit, within 30 days after 

22 the notification, to the official designated by the 

23 head of the agency statements or affidavits to show 

24 why the employee should be restored to duty; 

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1 ‘‘(3) shall be provided a written response by the 

2 head of the agency if statements and affidavits are 

3 submitted under paragraph (2); and 

4 ‘‘(4) may be restored to duty if the head of the 

5 agency determines it appropriate. 

6 ‘‘(c) NOTICE.—If the head of an agency removes an 

7 employee under the authority under this section, the head 

8 of the agency shall notify Congress of the removal and 

9 the reasons for the removal. 

10 ‘‘(d) APPEAL.—An employee against whom an action 

11 is taken under this section is entitled to appeal to the 

12 Merit Systems Protection Board under section 7701. 

13 ‘‘(e) RECORDS.—Copies of the notice of proposed ac14 tion, the answer of the employee when written, a summary 

15 of the answer when made orally, the notice of decision and 

16 reasons therefor, and any order effecting an action covered 

17 by this section, together with any supporting material, 

18 shall be maintained by the agency and shall be furnished 

19 to the Merit Systems Protection Board upon its request 

20 and to the employee affected upon the request of the em21 ployee. 

22 ‘‘(f) OTHER EMPLOYMENT.—A removal under this 

23 section shall not affect the right of the employee removed 

24 to seek or accept employment with any other agency if 

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1 that employee is declared eligible for such employment by 

2 the Director of the Office of Personnel Management. 

3 ‘‘(g) NO DELEGATION.—The authority of the head 

4 of the agency under this section may not be delegated.’’. 

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

6 for chapter 75 of title 5, United States Code, is amended 

7 by adding after the item relating to section 7543 the fol8 lowing: 

‘‘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.’’. 

9 SEC. 4. SUSPENSION OF SENIOR EXECUTIVE SERVICE EM10 PLOYEES. 

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

12 amended— 

13 (1) in subsection (a), by inserting ‘‘misappro14 priation of funds,’’ after ‘‘malfeasance,’’; and 

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

16 (1) to read as follows: 

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

18 stating specific reasons for the proposed action, un19 less— 

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

2 that the employee has committed a crime for 

3 which a sentence of imprisonment can be im4 posed; or 

5 ‘‘(B) the agency determines that the con6 duct of the employee with respect to which an 

7 action covered by this subchapter is proposed is 

8 serious or flagrant, in accordance with regula9 tions prescribed by the Office of Personnel 

10 Management;’’. 

11 SEC. 5. MISAPPROPRIATION OF FUNDS AMENDMENTS. 

12 (a) REINSTATEMENT IN THE SENIOR EXECUTIVE

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

14 is amended— 

15 (1) in subsection (a)(2), by inserting ‘‘mis16 appropriation of funds,’’ after ‘‘malfeasance,’’; and 

17 (2) in subsection (b), by striking ‘‘or malfea18 sance’’ and inserting ‘‘malfeasance, or misappropria19 tion of funds’’. 

20 (b) PLACEMENT IN OTHER PERSONNEL SYSTEMS.— 

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

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

23 or misappropriation of funds’’. 

Æ 

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