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

112th Congress, 2011–2013. Text as of Jun 21, 2012 (Introduced).

Status & Summary | PDF | Source: GPO

I

112th CONGRESS

2d Session

H. R. 6016

IN THE HOUSE OF REPRESENTATIVES

June 21, 2012

introduced the following bill; which was referred to the Committee on Oversight and Government Reform

A BILL

To amend title 5, United States Code, to provide for administrative 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.

Administrative 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

Administrative 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)

administrative leave means an absence from duty administratively authorized, for disciplinary reasons, of a period greater than 13 days and less than 91 days.

7552.

Actions covered

This subchapter applies to administrative leave.

7553.

Cause and procedure

(a)
(1)

Under regulations prescribed by the Office of Personnel Management, the head of an agency may place an 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.

(2)

If the head of an agency determines that such employee’s conduct is serious or flagrant, the head may place such employee on administrative leave under this subchapter without pay.

(b)
(1)

At the end of each 2-week period during a period of administrative leave implemented under this section, the head of the relevant agency shall review the investigation into the employee with respect to the misappropriation of funds, misconduct, neglect of duty, or malfeasance.

(2)

Not later than 5 business days after the end of such a 2-week period, such head shall submit a report describing such review to the Committee on Oversight and Government Reform of the House of Representatives.

(3)

At the end of a period of administrative leave implemented under this section, the head of the agency shall—

(A)

remove an employee placed on administrative leave under this section;

(B)

suspend such employee without pay; or

(C)

reinstate or restore such employee to duty.

(4)

An employee may be placed on not more than 2 consecutive periods of administrative leave with respect to an action under this subchapter.

(c)

An employee against whom an action covered by this subchapter is proposed is entitled to, before being placed on administrative leave under this section—

(1)

at least 30 days’ advance written notice, unless there is reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment can be imposed, stating specific reasons for the proposed action;

(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)

For purposes of subsection (c)(1), the head of an agency may determine that there is reasonable cause to believe that an employee has committed a crime for which a sentence of imprisonment can be imposed if the head receives a report from such agency’s Inspector General, or, in the case of an agency without an Inspector General, from an employee of the agency designated by such head to carry out duties similar to duties of an inspector general for purposes of this subsection, indicating that such employee has committed such a crime.

(e)

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) of this section.

(f)

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.

(g)

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.

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(b)

Clerical amendment

The table of sections 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—Administrative leave for Senior Executive Service Employees

Sec.

7551. Definitions.

7552. Actions covered.

7553. Cause and procedure.

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3.

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)

by adding at the end the following:

(f)

For purposes of subsection (c)(1), the head of an agency may determine that there is reasonable cause to believe that an employee has committed a crime for which a sentence of imprisonment can be imposed if the head receives a report from such agency’s Inspector General, or, in the case of an agency without an Inspector General, from an employee of the agency designated by such head to carry out duties similar to duties of an inspector general for purposes of this subsection, indicating that such employee has committed such a crime.

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