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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2879 Referred in Senate (RFS)]

113th CONGRESS
  1st Session
                                H. R. 2879

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 9, 2013

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT

 
    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 in-person or telephonic interactions by 
  Executive branch employees with individuals, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Stop Government 
Abuse Act''.
    (b) Table of Contents.--The table of contents is 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.

                 TITLE I--COMMON SENSE IN COMPENSATION

SEC. 101. DEFINITIONS.

    For purposes of this title--
            (1) the term ``employee'' means an employee (as defined by 
        section 2105(a) of title 5, United States Code) holding a 
        position in or under an Executive agency;
            (2) the term ``Executive agency'' has the meaning given 
        such term by section 105 of title 5, United States Code;
            (3) the term ``discretionary monetary payment'' means--
                    (A) any award or other monetary payment under 
                chapter 45, or section 5753 or 5754, of title 5, United 
                States Code; and
                    (B) any step-increase under section 5336 of title 
                5, United States Code;
            (4) the term ``covered compensation'', as used with respect 
        to an employee in connection with any period, means the sum 
        of--
                    (A) the basic pay, and
                    (B) any discretionary monetary payments (excluding 
                basic pay),
        payable to such employee during such period;
            (5) the term ``basic pay'' means basic pay for service as 
        an employee; and
            (6) the term ``sequestration period'' means a period 
        beginning on the first day of a fiscal year in which a 
        sequestration order with respect to discretionary spending or 
        direct spending is issued under section 251A or section 254 of 
        the Balanced Budget and Emergency Deficit Control Act of 1985 
        and ending on the last day of the fiscal year to which the 
        sequestration order applies.

SEC. 102. LIMITATIONS.

    (a) In General.--Notwithstanding any other provision of law--
            (1) no discretionary monetary payment may be made to an 
        employee during any sequestration period to the extent that 
        such payment would cause in a fiscal year the total covered 
        compensation of such employee for such fiscal year to exceed 
        105 percent of the total amount of basic pay payable to such 
        individual (before the application of any step-increase in such 
        fiscal year under section 5336 of title 5, United States Code) 
        for such fiscal year; and
            (2) except as provided in subsection (b), during any 
        sequestration period, an agency may not pay a performance award 
        under section 5384 of title 5, United States Code, to the 
        extent that such payment would cause the number of employees in 
        the agency receiving such award during such period to exceed 33 
        percent of the total number of employees in the agency eligible 
        to receive such award during such period.
    (b) Waivers.--For the purposes of any sequestration period--
            (1) the head of any agency may, subject to approval by the 
        Director of the Office of Personnel Management, waive the 
        requirements of subsection (a)(2); and
            (2) the head of any agency may waive the requirements of 
        subsection (a)(1) with respect to any employee if the 
        requirements of such subsection would violate the terms of a 
        collective bargaining agreement covering such employee, except 
        that this paragraph shall not apply to any employee covered by 
        a collective bargaining agreement that is renewed on or after 
        the date of enactment of this title.
    (c) Notification.--In the case of an agency for which the Director 
of the Office of Personnel Management grants a waiver under subsection 
(b)(1), the agency shall notify the Committee on Oversight and 
Government Reform of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate of the 
percentage of career appointees receiving performance awards under 
section 5384 of title 5, United States Code, and the dollar amount of 
each performance award.
    (d) Application.--This section shall apply to any discretionary 
monetary payment or performance award under section 5384 of title 5, 
United States Code, made on or after the date of enactment of this 
title.

SEC. 103. REGULATIONS.

    The Office of Personnel Management may prescribe regulations to 
carry out this title.

              TITLE II--GOVERNMENT EMPLOYEE ACCOUNTABILITY

SEC. 201. 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;''.

SEC. 202. 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 after 
the item relating to section 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.''.

SEC. 203. 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. 204. 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''.

                     TITLE III--CITIZEN EMPOWERMENT

SEC. 301. AMENDMENTS.

    (a) In General.--Part III of title 5, United States Code, is 
amended by inserting after chapter 79 the following:

            ``CHAPTER 79A--SERVICES TO MEMBERS OF THE PUBLIC

``Sec.
``7921. Procedure for in-person and telephonic interactions conducted 
                            by Executive Branch employees.
``Sec. 7921. Procedure for in-person and telephonic interactions 
              conducted by Executive Branch employees
    ``(a) Purpose.--The purpose of this section is to ensure that 
individuals have the right to record in-person and telephonic 
interactions with Executive agency employees and to ensure that 
individuals who are the target of enforcement actions conducted by 
Executive agency employees are notified of such right.
    ``(b) Definitions.--For purposes of this section--
            ``(1) the term `telephonic' means by telephone or other 
        similar electronic device; and
            ``(2) the term `employee' means an employee of an Executive 
        agency.
    ``(c) Consent of Executive Agency Employees.--Participation by an 
employee, acting in an official capacity, in an in-person or telephonic 
interaction shall constitute consent by the employee to a recording of 
that interaction by any participant in the interaction.
    ``(d) Notice of Rights When Federal Employees Engaged in Certain 
Actions.--A notice of an individual's right to record conversations 
with employees shall be included in any written material provided by an 
Executive agency to the individual concerning an audit, investigation, 
inspection, or enforcement action that could result in the imposition 
of a fine, forfeiture of property, civil monetary penalty, or criminal 
penalty against, or the collection of an unpaid tax, fine, or penalty 
from, such individual or a business owned or operated by such 
individual.
    ``(e) Official Representative.--Any person who is permitted to 
represent before an Executive agency an individual under this section 
shall receive the same notice as required under subsection (d) with 
respect to such individual.
    ``(f) No Cause of Action.--This section does not create any express 
or implied private right of action.
    ``(g) Disciplinary Action.--An employee who violates this section 
shall be subject to appropriate disciplinary action in accordance with 
otherwise applicable provisions of law.
    ``(h) Public Information Concerning Right To Record.--
            ``(1) Posting on agency web sites.--Within 180 days after 
        the date of the enactment of this section, each Executive 
        agency shall post prominently on its Web site information 
        explaining the right of individuals to record interactions with 
        employees.
            ``(2) OMB guidance.--Within 90 days after the date of the 
        enactment of this section, the Office of Management and Budget 
        shall issue guidance to Executive agencies concerning 
        implementation of paragraph (1).''.
    (b) Clerical Amendment.--The analysis for part III of title 5, 
United States Code, is amended by inserting after the item relating to 
chapter 79 the following:

``79A. Services to members of the public....................    7921''.

            Passed the House of Representatives August 1, 2013.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```