H.R. 6016 (112th): Government Employee Accountability Act

112th Congress, 2011–2013. Text as of Dec 19, 2012 (Passed the House (Engrossed)).

Status & Summary | PDF | Source: GPO

I

112th CONGRESS

2d Session

H. R. 6016

IN THE HOUSE OF REPRESENTATIVES

AN ACT

To amend title 5, United States Code, to provide for investigative leave requirements with respect to Senior Executive Service employees, and for other purposes.

1.

Short title

This Act may be cited as the Government Employee Accountability Act.

2.

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 service who is not serving a probationary or trial period under an initial appointment or who has completed 1 year of current continuous employment 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 Executive 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;

.

3.

Investigative 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 following:

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 absence without duty for disciplinary reasons, of a period 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 that such employee’s conduct is serious or flagrant, 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 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 Affairs of the Senate.

(3)

At the end of a period of investigative leave implemented 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—

(1)

at least 30 days’ advance written notice, stating specific reasons for the proposed action, unless—

(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 that the employee’s conduct with respect to which an action covered by this subchapter is proposed is serious or flagrant as prescribed in regulation by the Office of Personnel Management;

(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 support 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 opportunity 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 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 affected upon the employee’s request.

.

(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 section 7543 the following:

Subchapter VI—Investigative leave for Senior Executive Service Employees

7551. Definitions.

7552. Actions covered.

7553. Cause and procedure.

.

4.

Suspension of Senior Executive Service employees

Section 7543 of title 5, United States Code, is amended—

(1)

in subsection (a), by inserting misappropriation 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, unless—

(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 that the employee’s conduct with respect to which an action covered by this subchapter is proposed is serious or flagrant as prescribed in regulation by the Office of Personnel Management;

.

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 misappropriation of funds, after malfeasance,; and

(2)

in subsection (b), by striking or malfeasance and inserting malfeasance, or misappropriation 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.

Passed the House of Representatives December 19, 2012.

Karen L. Haas,

Clerk.