I 
112TH CONGRESS 
2D SESSION 
H. R. 6016 
To amend title 5, United States Code, to provide for administrative leave 
requirements with respect to Senior Executive Service employees, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 21, 2012 
Mr. KELLY 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 adminis-
trative 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. ADMINISTRATIVE LEAVE 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: 
‘‘SUBCHAPTER VI—ADMINISTRATIVE 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) ‘administrative leave’ means an absence 
from duty administratively authorized, for discipli-
nary reasons, of a period greater than 13 days and 
less than 91 days. 
‘‘§ 7552. Actions covered 
‘‘This subchapter applies to administrative leave. 
‘‘§ 7553. Cause and procedure 
‘‘(a)(1) Under regulations prescribed by the Office of 
Personnel Management, the head of an agency may place 
an employee on administrative leave, without loss of pay 
and without charge to annual or sick leave, only for mis-
appropriation of funds, misconduct, neglect of duty, and 
malfeasance. 
‘‘(2) If the head of an agency determines that such 
employee’s conduct is serious or flagrant, the head may 
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place such employee on administrative leave under this 
subchapter without pay. 
‘‘(b)(1) At the end of each 2-week period during a 
period of administrative leave implemented under this sec-
tion, the head of the relevant agency shall review the inves-
tigation into the employee with respect to the misappro-
priation of funds, misconduct, neglect of duty, or malfea-
sance. 
‘‘(2) Not later than 5 business days after the end of 
such a 2-week period, such head shall submit a report de-
scribing such review to the Committee on Oversight and 
Government Reform of the House of Representatives. 
‘‘(3) At the end of a period of administrative leave 
implemented under this section, the head of the agency 
shall— 
‘‘(A) remove an employee placed on administra-
tive leave under this section; 
‘‘(B) suspend such employee without pay; or 
‘‘(C) reinstate or restore such employee to duty. 
‘‘(4) An employee may be placed on not more than 
2 consecutive periods of administrative leave with respect 
to an action under this subchapter. 
‘‘(c) An employee against whom an action covered by 
this subchapter is proposed is entitled to, before being 
placed on administrative leave under this section— 
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‘‘(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 sen-
tence of imprisonment can be imposed, stating spe-
cific reasons for the proposed action; 
‘‘(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) For purposes of subsection (c)(1), the head of 
an agency may determine that there is reasonable cause 
to believe that an employee has committed a crime for 
which a sentence of imprisonment can be imposed if the 
head receives a report from such agency’s Inspector Gen-
eral, or, in the case of an agency without an Inspector 
General, from an employee of the agency designated by 
such head to carry out duties similar to duties of an in-
spector general for purposes of this subsection, indicating 
that such employee has committed such a crime. 
‘‘(e) An agency may provide, by regulation, for a 
hearing which may be in lieu of or in addition to the op-
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portunity to answer provided under subsection (c)(2) of 
this section. 
‘‘(f) 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 of this title. 
‘‘(g) 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 
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.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
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—ADMINISTRATIVE LEAVE FOR SENIOR EXECUTIVE SERVICE 
EMPLOYEES 
‘‘Sec. 
‘‘7551. Definitions. 
‘‘7552. Actions covered. 
‘‘7553. Cause and procedure.’’. 
SEC. 3. SUSPENSION OF SENIOR EXECUTIVE SERVICE EM-
PLOYEES. 
Section 7543 of title 5, United States Code, is 
amended— 
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(1) in subsection (a), by inserting ‘‘misappro-
priation of funds,’’ after ‘‘malfeasance,’’; and 
(2) by adding at the end the following: 
‘‘(f) For purposes of subsection (c)(1), the head of 
an agency may determine that there is reasonable cause 
to believe that an employee has committed a crime for 
which a sentence of imprisonment can be imposed if the 
head receives a report from such agency’s Inspector Gen-
eral, or, in the case of an agency without an Inspector 
General, from an employee of the agency designated by 
such head to carry out duties similar to duties of an in-
spector general for purposes of this subsection, indicating 
that such employee has committed such a crime.’’. 
Æ 
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