I 
113TH CONGRESS 
1ST SESSION H. R. 2579 
To amend title 5, United States Code, to provide for investigative leave 
requirements with respect to Senior Executive Service employees, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 28, 2013 
Mr. KELLY of Pennsylvania (for himself, Mr. MARINO, Mr. RENACCI, Mr. 
GRIFFIN of Arkansas, Mr. ROSKAM, Mr. YOUNG of Indiana, Mr. 
FARENTHOLD, Mr. DENHAM, Mr. GOSAR, Mr. BARLETTA, Mr. 
BENISHEK, Mr. THOMPSON of Pennsylvania, Mr. AMODEI, Mr. GERLACH, 
Mr. PAULSEN, Mr. HENSARLING, Mrs. BLACKBURN, Mr. BROOKS of Ala-
bama, Mr. CALVERT, Mr. REED, Mr. JOHNSON of Ohio, and Mr. AUSTIN 
SCOTT of Georgia) introduced the following bill; which was referred to the 
Committee on Oversight and Government Reform 
A BILL 
To amend title 5, United States Code, to provide for inves-
tigative leave requirements with respect to Senior Execu-
tive Service employees, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Government Employee 
Accountability Act’’. 
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SEC. 2. SUSPENSION FOR 14 DAYS OR LESS FOR SENIOR EX-
ECUTIVE 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 serv-
ice who is not serving a probationary or trial 
period under an initial appointment or who has 
completed 1 year of current continuous employ-
ment 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 Ex-
ecutive 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. 3. INVESTIGATIVE LEAVE AND TERMINATION AU-
THORITY FOR SENIOR EXECUTIVE SERVICE 
EMPLOYEES. 
(a) IN GENERAL.—Chapter 75 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
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‘‘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 ab-
sence without duty for disciplinary reasons, of a pe-
riod 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, ne-
glect of duty, malfeasance, or misappropriation of funds. 
‘‘(2) If an agency determines that such employee’s 
conduct is serious or flagrant, 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 sec-
tion, the relevant agency shall review the investigation into 
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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 im-
plemented under this section, the agency shall— 
‘‘(A) remove an employee placed on investiga-
tive 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 investiga-
tive 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, un-
less— 
‘‘(A) there is reasonable cause to believe 
that the employee has committed a crime for 
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which a sentence of imprisonment can be im-
posed; or 
‘‘(B) the agency determines that the em-
ployee’s conduct with respect to which an action 
covered by this subchapter is proposed is seri-
ous or flagrant as prescribed in regulation by 
the Office of Personnel Management; 
‘‘(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 sup-
port 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 op-
portunity 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 Sys-
tems Protection Board under section 7701. 
‘‘(f) Copies of the notice of proposed action, the an-
swer of the employee when written, and a summary there-
of when made orally, the notice of decision and reasons 
therefor, and any order effecting an action covered by this 
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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 ‘em-
ployee’ has the meaning given such term in section 7541. 
‘‘§ 7562. Removal of Senior Executive Service employ-
ees 
‘‘(a) Notwithstanding any other provision of law, the 
head of an agency may remove an employee if the head 
of the agency— 
‘‘(1) determines that the employee acted in a 
manner that endangers the interest of the agency 
mission; 
‘‘(2) considers the removal to be 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 Secretary considers consistent with the effi-
ciency of the Government. 
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‘‘(b) 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 sub-
mit 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. 
‘‘(c) Except as provided under subsection (b), a deci-
sion by the head of the agency to remove an employee 
under this section is final and may not be appealed or 
reviewed outside the agency. 
‘‘(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. 
‘‘(e) A removal under this section does not affect the 
right of the employee affected to seek or accept employ-
ment with any other department or agency of the United 
States if that employee is declared eligible for such em-
ployment by the Director of the Office of Personnel Man-
agement. 
‘‘(f) The authority of the head of the agency under 
this section may not be delegated.’’. 
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(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 sec-
tion 7543 the following: 
‘‘SUBCHAPTER VI—INVESTIGATIVE LEAVE FOR SENIOR EXECUTIVE SERVICE 
EMPLOYEES 
‘‘7551. Definitions. 
‘‘7552. Actions covered. 
‘‘7553. Cause and procedure. 
‘‘SUBCHAPTER VII—REMOVAL OF SENIOR EXECUTIVE SERVICE EMPLOYEES 
‘‘7561. Definition. 
‘‘7562. Removal of Senior Executive Employees.’’. 
SEC. 4. SUSPENSION OF SENIOR EXECUTIVE SERVICE EM-
PLOYEES. 
Section 7543 of title 5, United States Code, is 
amended— 
(1) in subsection (a), by inserting ‘‘misappro-
priation 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, un-
less— 
‘‘(A) there is reasonable cause to believe 
that the employee has committed a crime for 
which a sentence of imprisonment can be im-
posed; or 
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‘‘(B) the agency determines that the em-
ployee’s conduct with respect to which an action 
covered by this subchapter is proposed is seri-
ous or flagrant as prescribed in regulation by 
the Office of Personnel Management;’’. 
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 ‘‘mis-
appropriation of funds,’’ after ‘‘malfeasance,’’; and 
(2) in subsection (b), by striking ‘‘or malfea-
sance’’ and inserting ‘‘malfeasance, or misappropria-
tion 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’’. 
Æ 
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