Government Employee Accountability Act

Bill: 112-hr-6016
Sponsor: Rep. Kelly, Mike [R-PA-3]
Introduced: 2012-06-21 in the House
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures
Administrative remedies
Congressional oversight
Federal officials
Government employee pay, benefits, personnel management
Government ethics and transparency, public corruption
Government studies and investigations
Merit Systems Protection Board
Office of Personnel Management (OPM)

Summary:
action_date: 2012-06-21
text: 
Government Employee Accountability Act - Sets forth guidelines for granting administrative leave to career employees of the Senior Executive Service (SES). Defines "administrative leave" as an absence from duty administratively authorized, for disciplinary reasons, of a period greater than 13 days and less than 91 days. 
 
Authorizes the head of a federal agency to: (1) place an SES employee on administrative leave, without loss of pay and without charge to annual or sick leave, only for misappropriation of funds, misconduct, neglect of duty, and malfeasance; or (2) place such employee on leave without pay if such employee's conduct is determined to be serious or flagrant.
 
Requires an agency head to periodically review the investigation into the conduct of an SES employee placed on administrative leave and take certain actions with respect to such employee at the end of a period of administrative leave, including removal, suspension without pay, or reinstatement to duty. Grants an employee placed on administrative leave certain rights, including the right to answer charges, to be represented by an attorney, and to appeal to the Merit Systems Protection Board (MSPB). 

action_date: 2012-09-21
text: 
Government Employee Accountability Act - Sets forth administrative leave requirements for Senior Executive Service (SES) career employees. Defines "administrative leave" as an administratively authorized absence from duty, for disciplinary reasons, for up to 90 days.
 
Authorizes the head of a federal agency to place an SES employee on administrative leave: (1) without loss of pay and without charge to annual or sick leave only for misappropriation of funds, misconduct, neglect of duty, or malfeasance; or (2) without pay if such employee's conduct is determined to be serious or flagrant.
 
Requires an agency head to: (1) review the investigation into the SES employee's misappropriation of funds, misconduct, neglect of duty, or malfeasance every two weeks during a period of administrative leave; (2) report on such review to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs not later than five business days after the end of each two-week period; and (3) remove, suspend without pay, or reinstate or restore such employee to duty at the end of the administrative leave period. Grants an agency head discretion to place an SES employee on one additional period of administrative leave.
 
Entitles an SES employee, before being placed on administrative leave, to: (1) at least 30 days' advance written notice, stating specific reasons for the proposed action, unless there is reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment can be imposed or unless the agency head determines that the employee's conduct is serious or flagrant; (2) a reasonable time, but not less than 7 days, to answer orally and in writing and to furnish affidavits and other evidence in support of the answer; (3) be represented by an attorney or other representative; and (4) a written decision with specific reasons at the earliest practicable date. Authorizes an agency head to determine there is reasonable cause to believe that an SES employee has committed a crime based on a report received from the agency's inspector general. 
 
Entitles an employee who is placed on administrative leave to appeal to the Merit Systems Protection Board (MSPB). 
 
Allows an agency to take an adverse action (i.e., removal from the civil service or suspension for more than 14 days) against an SES employee for misappropriation of funds. Conforms the 30 days' advance written notice requirements for an adverse action against an SES employee to such advance requirements for administrative leave as prescribed by this Act.

action_date: 2012-12-19
text: 
Government Employee Accountability Act - Sets forth investigative leave requirements for federal employees in the competitive service and Senior Executive Service (SES) career employees. Defines "investigative leave" as a temporary absence without duty for disciplinary reasons, for up to 90 days.
 
Authorizes a federal agency to place an employee on investigative leave: (1) without loss of pay and without charge to annual or sick leave only for misconduct, neglect of duty, malfeasance, or misappropriation of funds; or (2) without pay if such employee's conduct is determined to be serious or flagrant.
 
Requires an agency head to: (1) review the investigation into an employee's misconduct, neglect of duty, malfeasance, or misappropriation of funds at the end of each 45-day investigative period; (2) report on such review to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs not later than 5 business days after the end of each 45-day period; and (3) remove, suspend without pay, or reinstate or restore such employee to duty at the end of the investigative leave period. Allows an agency to extend a period of investigative leave for an additional period not to exceed 90 days.
 
Entitles an employee, before being placed on investigative leave, to: (1) at least 30-days' advance written notice, stating specific reasons for the proposed action, unless there is reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment can be imposed or unless the agency head determines that the employee's conduct is serious or flagrant; (2) a reasonable time, but not less than 7 days, to answer orally and in writing and to furnish affidavits and other evidence in support of the answer; (3) be represented by an attorney or other representative; and (4) a written decision with specific reasons at the earliest practicable date. 
 
Entitles an employee who is placed on administrative leave to appeal to the Merit Systems Protection Board (MSPB). 
 
Includes misappropriation of funds as a ground in suspending or reinstating an SES employee or placing such employee in another civil service position.


Legislative actions:
action_date: 2012-12-20
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2012-12-19
text: The title of the measure was amended. Agreed to without objection.
action_date: 2012-12-19
text: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 402 - 2 (Roll no. 638). (text: CR H7324-7325)
action_date: 2012-12-19
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2012-12-19
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 402 - 2 (Roll no. 638).(text: CR H7324-7325)
action_date: 2012-12-19
text: Considered as unfinished business. (consideration: CR H7329)
action_date: 2012-12-19
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2012-12-19
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 6016.
action_date: 2012-12-19
text: Considered under suspension of the rules. (consideration: CR H7324-7326)
action_date: 2012-12-19
text: Mr. Farenthold moved to suspend the rules and pass the bill, as amended.
action_date: 2012-09-21
text: Placed on the Union Calendar, Calendar No. 497.
action_date: 2012-09-21
text: Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 112-686.
action_date: 2012-09-21
text: Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 112-686.
action_date: 2012-06-27
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2012-06-27
text: Committee Consideration and Mark-up Session Held.
action_date: 2012-06-21
text: Referred to the House Committee on Oversight and Government Reform.
action_date: 2012-06-21
text: Introduced in House
action_date: 2012-06-21
text: Introduced in House