IB 
Union Calendar No. 134 
113TH CONGRESS 
1ST SESSION H. R. 2579 
[Report No. 113–186] 
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 
JULY 31, 2013 
Additional sponsors: Mr. COLLINS of New York, Mr. WOMACK, Mr. MCCLIN-
TOCK, Mr. KINGSTON, Mr. WESTMORELAND, Mr. NUGENT, Mr. CRAMER, 
Mr. BROUN of Georgia, Mrs. MILLER of Michigan, Mr. PEARCE, Mr. 
CRAWFORD, Mr. MCCAUL, Mr. MULLIN, Mr. LANKFORD, Mr. GINGREY 
of Georgia, Mr. FITZPATRICK, Mr. WEBSTER of Florida, Mr. ROKITA, 
and Mrs. WALORSKI 
JULY 31, 2013 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on June 28, 2013] 
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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. 
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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’’. 
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 Exec-
utive 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; and’’. 
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SEC. 3. INVESTIGATIVE LEAVE AND TERMINATION AUTHOR-
ITY FOR SENIOR EXECUTIVE SERVICE EM-
PLOYEES. 
(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 
‘‘§ 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, neglect 
of duty, malfeasance, or misappropriation of funds. 
‘‘(2) If an agency determines, as prescribed in regula-
tion by the Office of Personnel Management, that such em-
ployee’s conduct is flagrant and that such employee inten-
tionally engaged in such conduct, the agency may place 
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such employee on investigative leave under this subchapter 
without pay. 
‘‘(b)(1) At the end of each 45-day period during a pe-
riod 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 Af-
fairs of the Senate. 
‘‘(3) At the end of a period of investigative leave imple-
mented 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— 
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‘‘(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 imposed; or 
‘‘(B) the agency determines, as prescribed in 
regulation by the Office of Personnel Manage-
ment, that the employee’s conduct with respect to 
which an action covered by this subchapter is 
proposed is flagrant and that such employee in-
tentionally engaged in such conduct; 
‘‘(2) a reasonable time, but not less than 7 days, 
to answer orally and in writing and to furnish affi-
davits and other documentary evidence in support of 
the answer; 
‘‘(3) be represented by an attorney or other rep-
resentative; and 
‘‘(4) a written decision and specific reasons 
therefor at the earliest practicable date. 
‘‘(d) An agency may provide, by regulation, for a hear-
ing which may be in lieu of or in addition to the oppor-
tunity to answer provided under subsection (c)(2). 
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‘‘(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 af-
fected upon the employee’s request. 
‘‘SUBCHAPTER VII—REMOVAL OF SENIOR 
EXECUTIVE SERVICE EMPLOYEES 
‘‘§ 7561. Definition 
‘‘For purposes of this subchapter, the term ‘employee’ 
has the meaning given such term in section 7541. 
‘‘§ 7562. Removal of Senior Executive Service employ-
ees 
‘‘(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— 
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‘‘(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 ad-
visable 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 ef-
ficiency of the Government. 
‘‘(b) An employee may not be removed under this sec-
tion— 
‘‘(1) on any basis that would be prohibited 
under— 
‘‘(A) any provision of law referred to in sec-
tion 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 
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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 em-
ployee 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 af-
fected 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 
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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 at the end 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. 4. SUSPENSION OF SENIOR EXECUTIVE SERVICE EM-
PLOYEES. 
Section 7543 of title 5, United States Code, is amend-
ed— 
(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— 
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‘‘(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 Manage-
ment, that the employee’s conduct with respect to 
which an action covered by this subchapter is 
proposed is flagrant and that such employee in-
tentionally engaged in such conduct;’’. 
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 ‘‘misappro-
priation 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’’. 
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Union Calendar No. 134 
113TH CONGRESS 
1ST SESSION 
H. R. 2579 
[Report No. 113–186] 
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. 
JULY 31, 2013 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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