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.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6016 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6016
To amend title 5, United States Code, to provide for administrative
leave requirements with respect to Senior Executive Service employees,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 21, 2012
Mr. Kelly 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Employee Accountability
Act''.
SEC. 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:
``SUBCHAPTER VI--ADMINISTRATIVE LEAVE FOR SENIOR EXECUTIVE SERVICE
EMPLOYEES
``Sec. 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.
``Sec. 7552. Actions covered
``This subchapter applies to administrative leave.
``Sec. 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.''.
(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.''.
SEC. 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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Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Government Reform.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 112-686.
Reported (Amended) by the Committee on Oversight and Government Reform. H. Rept. 112-686.
Placed on the Union Calendar, Calendar No. 497.
Mr. Farenthold moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H7324-7326)
DEBATE - The House proceeded with forty minutes of debate on H.R. 6016.
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.
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Considered as unfinished business. (consideration: CR H7329)
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)
Roll Call #638 (House)Motion to reconsider laid on the table Agreed to without objection.
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)
Roll Call #638 (House)The title of the measure was amended. Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.