I 

113TH CONGRESS 

1ST SESSION H. R. 2879 

To provide limitations on bonuses for Federal employees during sequestration, 

to provide for investigative leave requirements for members of the Senior 

Executive Service, to establish certain procedures for conducting inperson or telephonic interactions by Executive branch employees with 

individuals, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 31, 2013 

Ms. JENKINS (for herself, Mr. MEADOWS, and Mr. KELLY of Pennsylvania) 

introduced the following bill; which was referred to the Committee on 

Oversight and Government Reform, and in addition to the Committee on 

the Judiciary, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide limitations on bonuses for Federal employees 

during sequestration, to provide for investigative leave 

requirements for members of the Senior Executive Service, to establish certain procedures for conducting inperson or telephonic interactions by Executive branch 

employees with individuals, 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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Stop Government Abuse Act’’. 

4 (b) TABLE OF CONTENTS.—The table of contents is 

5 as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—COMMON SENSE IN COMPENSATION 

Sec. 101. Definitions. 

Sec. 102. Limitations. 

Sec. 103. Regulations. 

TITLE II—GOVERNMENT EMPLOYEE ACCOUNTABILITY 

Sec. 201. Suspension for 14 days or less for Senior Executive Service employees. 

Sec. 202. Investigative leave and termination authority for Senior Executive 

Service employees. 

Sec. 203. Suspension of Senior Executive Service employees. 

Sec. 204. Misappropriation of funds amendments. 

TITLE III—CITIZEN EMPOWERMENT 

Sec. 301. Amendments. 

6 TITLE I—COMMON SENSE IN 

7 COMPENSATION 

8 SEC. 101. DEFINITIONS. 

9 For purposes of this title— 

10 (1) the term ‘‘employee’’ means an employee 

11 (as defined by section 2105(a) of title 5, United 

12 States Code) holding a position in or under an Exec13 utive agency; 

14 (2) the term ‘‘Executive agency’’ has the mean15 ing given such term by section 105 of title 5, United 

16 States Code; 


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1 (3) the term ‘‘discretionary monetary payment’’ 

2 means— 

3 (A) any award or other monetary payment 

4 under chapter 45, or section 5753 or 5754, of 

5 title 5, United States Code; and 

6 (B) any step-increase under section 5336 

7 of title 5, United States Code; 

8 (4) the term ‘‘covered compensation’’, as used 

9 with respect to an employee in connection with any 

10 period, means the sum of— 

11 (A) the basic pay, and 

12 (B) any discretionary monetary payments 

13 (excluding basic pay), 

14 payable to such employee during such period; 

15 (5) the term ‘‘basic pay’’ means basic pay for 

16 service as an employee; and 

17 (6) the term ‘‘sequestration period’’ means a 

18 period beginning on the first day of a fiscal year in 

19 which a sequestration order with respect to discre20 tionary spending or direct spending is issued under 

21 section 251A or section 254 of the Balanced Budget 

22 and Emergency Deficit Control Act of 1985 and 

23 ending on the last day of the fiscal year to which the 

24 sequestration order applies. 


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1 SEC. 102. LIMITATIONS. 

2 (a) IN GENERAL.—Notwithstanding any other provi3 sion of law— 

4 (1) no discretionary monetary payment may be 

5 made to an employee during any sequestration pe6 riod to the extent that such payment would cause in 

7 a fiscal year the total covered compensation of such 

8 employee for such fiscal year to exceed 105 percent 

9 of the total amount of basic pay payable to such in10 dividual (before the application of any step-increase 

11 in such fiscal year under section 5336 of title 5, 

12 United States Code) for such fiscal year; and 

13 (2) except as provided in subsection (b), during 

14 any sequestration period, an agency may not pay a 

15 performance award under section 5384 of title 5, 

16 United States Code, to the extent that such payment 

17 would cause the number of employees in the agency 

18 receiving such award during such period to exceed 

19 33 percent of the total number of employees in the 

20 agency eligible to receive such award during such pe21 riod. 

22 (b) WAIVERS.—For the purposes of any sequestra23 tion period— 

24 (1) the head of any agency may, subject to ap25 proval by the Director of the Office of Personnel 


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1 Management, waive the requirements of subsection 

2 (a)(2); and 

3 (2) the head of any agency may waive the re4 quirements of subsection (a)(1) with respect to any 

5 employee if the requirements of such subsection 

6 would violate the terms of a collective bargaining 

7 agreement covering such employee, except that this 

8 paragraph shall not apply to any employee covered 

9 by a collective bargaining agreement that is renewed 

10 on or after the date of enactment of this title. 

11 (c) NOTIFICATION.—In the case of an agency for 

12 which the Director of the Office of Personnel Management 

13 grants a waiver under subsection (b)(1), the agency shall 

14 notify the Committee on Oversight and Government Re15 form of the House of Representatives and the Committee 

16 on Homeland Security and Governmental Affairs of the 

17 Senate of the percentage of career appointees receiving 

18 performance awards under section 5384 of title 5, United 

19 States Code, and the dollar amount of each performance 

20 award. 

21 (d) APPLICATION.—This section shall apply to any 

22 discretionary monetary payment or performance award 

23 under section 5384 of title 5, United States Code, made 

24 on or after the date of enactment of this title. 


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1 SEC. 103. REGULATIONS. 

2 The Office of Personnel Management may prescribe 

3 regulations to carry out this title. 

4 TITLE II—GOVERNMENT 

5 EMPLOYEE ACCOUNTABILITY 

6 SEC. 201. SUSPENSION FOR 14 DAYS OR LESS FOR SENIOR 

7 EXECUTIVE SERVICE EMPLOYEES. 

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

9 States 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 Ex19 ecutive 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;’’. 


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1 SEC. 202. INVESTIGATIVE LEAVE AND TERMINATION AU2 THORITY FOR SENIOR EXECUTIVE SERVICE 

3 EMPLOYEES. 

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

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘SUBCHAPTER VI—INVESTIGATIVE LEAVE FOR 

8 SENIOR EXECUTIVE SERVICE EMPLOYEES 

9 ‘‘§ 7551. Definitions 

10 ‘‘For the purposes of this subchapter— 

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

12 term in section 7541; and 

13 ‘‘(2) ‘investigative leave’ means a temporary ab14 sence without duty for disciplinary reasons, of a pe15 riod not greater than 90 days. 

16 ‘‘§ 7552. Actions covered 

17 ‘‘This subchapter applies to investigative leave. 

18 ‘‘§ 7553. Cause and procedure 

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

20 Personnel Management, an agency may place an employee 

21 on investigative leave, without loss of pay and without 

22 charge to annual or sick leave, only for misconduct, ne23 glect of duty, malfeasance, or misappropriation of funds. 

24 ‘‘(2) If an agency determines, as prescribed in regula25 tion by the Office of Personnel Management, that such 

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1 tentionally engaged in such conduct, the agency may place 

2 such employee on investigative leave under this subchapter 

3 without pay. 

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

5 period of investigative leave implemented under this sec6 tion, the relevant agency shall review the investigation into 

7 the employee with respect to the misconduct, neglect of 

8 duty, malfeasance, or misappropriation of funds. 

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

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

11 describing such review to the Committee on Oversight and 

12 Government Reform of the House of Representatives and 

13 the Committee on Homeland Security and Governmental 

14 Affairs of the Senate. 

15 ‘‘(3) At the end of a period of investigative leave im16 plemented under this section, the agency shall— 

17 ‘‘(A) remove an employee placed on investiga18 tive leave under this section; 

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

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

21 ‘‘(4) The agency may extend the period of investiga22 tive leave with respect to an action under this subchapter 

23 for an additional period not to exceed 90 days. 


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

2 this subchapter is proposed is entitled to, before being 

3 placed on investigative leave under this section— 

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

5 stating specific reasons for the proposed action, un6 less— 

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

8 that the employee has committed a crime for 

9 which a sentence of imprisonment can be im10 posed; or 

11 ‘‘(B) the agency determines, as prescribed 

12 in regulation by the Office of Personnel Man13 agement, that the employee’s conduct with re14 spect to which an action covered by this sub15 chapter is proposed is flagrant and that such 

16 employee intentionally engaged in such conduct; 

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

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

19 affidavits and other documentary evidence in sup20 port of the answer; 

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

22 representative; and 

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

24 therefor at the earliest practicable date. 


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

2 hearing which may be in lieu of or in addition to the op3 portunity to answer provided under subsection (c)(2). 

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

5 under this section is entitled to appeal to the Merit Sys6 tems Protection Board under section 7701. 

7 ‘‘(f) Copies of the notice of proposed action, the an8 swer of the employee when written, and a summary there9 of when made orally, the notice of decision and reasons 

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

11 subchapter, together with any supporting material, shall 

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

13 Merit Systems Protection Board upon its request and to 

14 the employee affected upon the employee’s request. 

15 ‘‘SUBCHAPTER VII—REMOVAL OF SENIOR 

16 EXECUTIVE SERVICE EMPLOYEES 

17 ‘‘§ 7561. Definition 

18 ‘‘For purposes of this subchapter, the term ‘em19 ployee’ has the meaning given such term in section 7541. 

20 ‘‘§ 7562. Removal of Senior Executive Service employ21 ees 

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

23 consistent with the requirements of subsection (b), the 

24 head of an agency may remove an employee for serious 


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1 neglect of duty, misappropriation of funds, or malfeasance 

2 if the head of the agency— 

3 ‘‘(1) determines that the employee knowingly 

4 acted in a manner that endangers the interest of the 

5 agency mission; 

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

7 advisable in the interests of the United States; and 

8 ‘‘(3) determines that the procedures prescribed 

9 in other provisions of law that authorize the removal 

10 of such employee cannot be invoked in a manner 

11 that the head of an agency considers consistent with 

12 the efficiency of the Government. 

13 ‘‘(b) An employee may not be removed under this sec14 tion— 

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

16 under— 

17 ‘‘(A) any provision of law referred to in 

18 section 2302(b)(1); or 

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

20 2302(b); or 

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

22 as to which any administrative or judicial pro23 ceeding— 

24 ‘‘(A) has been commenced by or on behalf 

25 of such employee; and 


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1 ‘‘(B) is pending. 

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

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

4 after the notification, the employee is entitled to submit 

5 to the official designated by the head of the agency state6 ments or affidavits to show why the employee should be 

7 restored to duty. If such statements and affidavits are 

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

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

10 the head of the agency chooses. 

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

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

13 the agency shall notify Congress of such termination, and 

14 the specific reasons for the action. 

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

16 under this section is entitled to appeal to the Merit Sys17 tems Protection Board under section 7701 of this title. 

18 ‘‘(f) Copies of the notice of proposed action, the an19 swer of the employee when written, and a summary there20 of when made orally, the notice of decision and reasons 

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

22 subchapter, together with any supporting material, shall 

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

24 Merit Systems Protection Board upon its request and to 

25 the employee affected upon the employee’s request. 


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

2 right of the employee affected to seek or accept employ3 ment with any other department or agency of the United 

4 States if that employee is declared eligible for such em5 ployment by the Director of the Office of Personnel Man6 agement. 

7 ‘‘(h) The authority of the head of the agency under 

8 this section may not be delegated.’’. 

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

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

11 Code, is amended by adding after the item relating to sec12 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 Service employees.’’. 

13 SEC. 203. SUSPENSION OF SENIOR EXECUTIVE SERVICE EM14 PLOYEES. 

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

16 amended— 

17 (1) in subsection (a), by inserting ‘‘misappro18 priation of funds,’’ after ‘‘malfeasance,’’; and 

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

20 (1) to read as follows: 


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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 

5 that the employee has committed a crime for 

6 which a sentence of imprisonment can be im7 posed; or 

8 ‘‘(B) the agency determines, as prescribed 

9 in regulation by the Office of Personnel Man10 agement, that the employee’s conduct with re11 spect to which an action covered by this sub12 chapter is proposed is flagrant and that such 

13 employee intentionally engaged in such con14 duct;’’. 

15 SEC. 204. MISAPPROPRIATION OF FUNDS AMENDMENTS. 

16 (a) REINSTATEMENT IN THE SENIOR EXECUTIVE

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

18 is amended— 

19 (1) in subsection (a)(2), by inserting ‘‘mis20 appropriation of funds,’’ after ‘‘malfeasance,’’; and 

21 (2) in subsection (b), by striking ‘‘or malfea22 sance’’ and inserting ‘‘malfeasance, or misappropria23 tion of funds’’. 

24 (b) PLACEMENT IN OTHER PERSONNEL SYSTEMS.— 

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


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

2 or misappropriation of funds’’. 

3 TITLE III—CITIZEN 

4 EMPOWERMENT 

5 SEC. 301. AMENDMENTS. 

6 (a) IN GENERAL.—Part III of title 5, United States 

7 Code, is amended by inserting after chapter 79 the fol8 lowing: 

9 ‘‘CHAPTER 79A—SERVICES TO MEMBERS 

10 OF THE PUBLIC 

‘‘Sec. 

‘‘7921. Procedure for in-person and telephonic interactions conducted by Executive Branch employees. 

11 ‘‘§ 7921. Procedure for in-person and telephonic inter12 actions conducted by Executive Branch 

13 employees 

14 ‘‘(a) PURPOSE.—The purpose of this section is to en15 sure that individuals have the right to record in-person 

16 and telephonic interactions with Executive agency employ17 ees and to ensure that individuals who are the target of 

18 enforcement actions conducted by Executive agency em19 ployees are notified of such right. 

20 ‘‘(b) DEFINITIONS.—For purposes of this section— 

21 ‘‘(1) the term ‘telephonic’ means by telephone 

22 or other similar electronic device; and 

23 ‘‘(2) the term ‘employee’ means an employee of 

24 an Executive agency. 


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1 ‘‘(c) CONSENT OF EXECUTIVE AGENCY EMPLOY2 EES.—Participation by an employee, acting in an official 

3 capacity, in an in-person or telephonic interaction shall 

4 constitute consent by the employee to a recording of that 

5 interaction by any participant in the interaction. 

6 ‘‘(d) NOTICE OF RIGHTS WHEN FEDERAL EMPLOY7 EES ENGAGED IN CERTAIN ACTIONS.—A notice of an in8 dividual’s right to record conversations with employees 

9 shall be included in any written material provided by an 

10 Executive agency to the individual concerning an audit, 

11 investigation, inspection, or enforcement action that could 

12 result in the imposition of a fine, forfeiture of property, 

13 civil monetary penalty, or criminal penalty against, or the 

14 collection of an unpaid tax, fine, or penalty from, such 

15 individual or a business owned or operated by such indi16 vidual. 

17 ‘‘(e) OFFICIAL REPRESENTATIVE.—Any person who 

18 is permitted to represent before an Executive agency an 

19 individual under this section shall receive the same notice 

20 as required under subsection (d) with respect to such indi21 vidual. 

22 ‘‘(f) NO CAUSE OF ACTION.—This section does not 

23 create any express or implied private right of action. 

24 ‘‘(g) DISCIPLINARY ACTION.—An employee who vio25 lates this section shall be subject to appropriate discipliVerDate Mar 15 2010 00:23 Aug 01, 2013 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H2879.IH H2879

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1 nary action in accordance with otherwise applicable provi2 sions of law. 

3 ‘‘(h) PUBLIC INFORMATION CONCERNING RIGHT TO

4 RECORD.— 

5 ‘‘(1) POSTING ON AGENCY WEB SITES.—Within 

6 180 days after the date of the enactment of this sec7 tion, each Executive agency shall post prominently 

8 on its Web site information explaining the right of 

9 individuals to record interactions with employees. 

10 ‘‘(2) OMB GUIDANCE.—Within 90 days after 

11 the date of the enactment of this section, the Office 

12 of Management and Budget shall issue guidance to 

13 Executive agencies concerning implementation of 

14 paragraph (1).’’. 

15 (b) CLERICAL AMENDMENT.—The analysis for part 

16 III of title 5, United States Code, is amended by inserting 

17 after the item relating to chapter 79 the following: 

‘‘79A. Services to members of the public .................................. 7921’’. 

Æ 


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