I 
113TH CONGRESS 
1ST SESSION H. R. 2879 
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. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 31, 2013 
Ms. JENKINS (for herself, Mr. MEADOWS, and Mr. KELLY of Pennsylvania) 
introduced the following bill; which was referred to the Committee on 
Oversight and Government Reform, and in addition to the Committee on 
the Judiciary, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To provide limitations on bonuses for Federal employees 
during sequestration, to provide for investigative leave 
requirements for members of the Senior Executive Serv-
ice, 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 Representa-
tives of the United States of America in Congress assembled, 
VerDate Mar 15 2010 
00:23 Aug 01, 2013
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2879.IH
H2879
rfrederick on DSK6VPTVN1PROD with BILLS
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 employ-
ees. 
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 Exec-
utive agency; 
(2) the term ‘‘Executive agency’’ has the mean-
ing given such term by section 105 of title 5, United 
States Code; 
VerDate Mar 15 2010 
00:23 Aug 01, 2013
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2879.IH
H2879
rfrederick on DSK6VPTVN1PROD with BILLS
(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 discre-
tionary 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. 
VerDate Mar 15 2010 
00:23 Aug 01, 2013
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2879.IH
H2879
rfrederick on DSK6VPTVN1PROD with BILLS
SEC. 102. LIMITATIONS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law— 
(1) no discretionary monetary payment may be 
made to an employee during any sequestration pe-
riod 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 in-
dividual (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 pe-
riod. 
(b) WAIVERS.—For the purposes of any sequestra-
tion period— 
(1) the head of any agency may, subject to ap-
proval by the Director of the Office of Personnel 
VerDate Mar 15 2010 
00:23 Aug 01, 2013
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2879.IH
H2879
rfrederick on DSK6VPTVN1PROD with BILLS
Management, waive the requirements of subsection 
(a)(2); and 
(2) the head of any agency may waive the re-
quirements 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 Re-
form 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. 
VerDate Mar 15 2010 
00:23 Aug 01, 2013
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2879.IH
H2879
rfrederick on DSK6VPTVN1PROD with BILLS
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 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;’’. 
VerDate Mar 15 2010 
00:23 Aug 01, 2013
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2879.IH
H2879
rfrederick on DSK6VPTVN1PROD with BILLS
SEC. 202. 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: 
‘‘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, as prescribed in regula-
tion by the Office of Personnel Management, that such 
employee’s conduct is flagrant and that such employee in-
VerDate Mar 15 2010 
00:23 Aug 01, 2013
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2879.IH
H2879
rfrederick on DSK6VPTVN1PROD with BILLS
tentionally 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 sec-
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. 
VerDate Mar 15 2010 
00:23 Aug 01, 2013
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2879.IH
H2879
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(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 
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. 
VerDate Mar 15 2010 
00:23 Aug 01, 2013
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2879.IH
H2879
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(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 
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 
VerDate Mar 15 2010 
00:23 Aug 01, 2013
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2879.IH
H2879
rfrederick on DSK6VPTVN1PROD with BILLS
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 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 
VerDate Mar 15 2010 
00:23 Aug 01, 2013
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2879.IH
H2879
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(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 
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. 
VerDate Mar 15 2010 
00:23 Aug 01, 2013
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2879.IH
H2879
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(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. 
‘‘(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. 203. 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: 
VerDate Mar 15 2010 
00:23 Aug 01, 2013
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2879.IH
H2879
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(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 
‘‘(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. 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 ‘‘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 
VerDate Mar 15 2010 
00:23 Aug 01, 2013
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2879.IH
H2879
rfrederick on DSK6VPTVN1PROD with BILLS
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 fol-
lowing: 
‘‘CHAPTER 79A—SERVICES TO MEMBERS 
OF THE PUBLIC 
‘‘Sec. 
‘‘7921. Procedure for in-person and telephonic interactions conducted by Execu-
tive Branch employees. 
‘‘§ 7921. Procedure for in-person and telephonic inter-
actions conducted by Executive Branch 
employees 
‘‘(a) PURPOSE.—The purpose of this section is to en-
sure that individuals have the right to record in-person 
and telephonic interactions with Executive agency employ-
ees and to ensure that individuals who are the target of 
enforcement actions conducted by Executive agency em-
ployees 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. 
VerDate Mar 15 2010 
00:23 Aug 01, 2013
Jkt 029200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2879.IH
H2879
rfrederick on DSK6VPTVN1PROD with BILLS