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

112th Congress, 2011–2013. Text as of Sep 21, 2012 (Reported by House Committee).

Status & Summary | PDF | Source: GPO

IB

Union Calendar No. 497

112th CONGRESS

2d Session

H. R. 6016

[Report No. 112–686]

IN THE HOUSE OF REPRESENTATIVES

June 21, 2012

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

September 21, 2012

Additional sponsors: Mr. Guinta, Mr. Walsh of Illinois, Ms. Buerkle, Mr. Gosar, Mr. Gowdy, Mr. Lankford, Mr. Farenthold, Mr. Marino, Mr. Barletta, Mr. Thompson of Pennsylvania, Mr. Benishek, Mr. McHenry, and Mr. Schilling

September 21, 2012

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Strike out all after the enacting clause and insert the part printed in italic

For text of introduced bill, see copy of bill as introduced on June 21, 2012


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 not greater than 90 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, or 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 each such 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 and the Committee on Homeland Security and Governmental Affairs of the Senate.

(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)

At the discretion of the agency head, an employee may be placed on one additional period 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, 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 head determines that the employee’s conduct with respect to which an action covered by this subchapter is proposed 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 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)(A), 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).

(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.

(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.

.

(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—Administrative leave for Senior Executive Service Employees

7551. Definitions.

7552. Actions covered.

7553. Cause and procedure.

.

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,;

(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 head determines that the employee’s conduct with respect to which an action covered by this subchapter is proposed is serious or flagrant;

; and

(3)

by adding at the end the following:

(f)

For purposes of subsection (b)(1)(A), 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.

.

September 21, 2012

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed