tion, 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 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— 
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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 im-
posed; or 
‘‘(B) the agency determines, as prescribed 
in regulation by the Office of Personnel Man-
agement, that the employee’s conduct with re-
spect to which an action covered by this sub-
chapter 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 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. 
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‘‘(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 
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 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 
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‘‘(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 sec-
tion— 
‘‘(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 pro-
ceeding— 
‘‘(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 state-
ments or affidavits to show why the employee should be 
restored to duty. If such statements and affidavits are 
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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 Sys-
tems Protection Board under section 7701 of this title. 
‘‘(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 
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 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. 
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‘‘(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 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 Service 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 
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which a sentence of imprisonment can be im-
posed; or 
‘‘(B) the agency determines, as prescribed 
in regulation by the Office of Personnel Man-
agement, that the employee’s conduct with re-
spect to which an action covered by this sub-
chapter is proposed is flagrant and that such 
employee intentionally engaged in such con-
duct;’’. 
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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