Investigative leave and termination authority 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:

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.

VII

Removal of Senior Executive Service employees

7561.

Definition

For purposes of this subchapter, the term employee has the meaning given such term in section 7541.

7562.

Removal of Senior Executive Service employees

(a)Notwithstanding any other provision of law, the head of an agency may remove an employee if the head of the agency— (1)determines that the employee acted in a manner that endangers the interest of the agency mission; (2)considers the removal to be in the interests of the United States; and (3)determines that the procedures prescribed in other provisions of law that authorize the removal of such employee cannot be invoked in a manner that the Secretary considers consistent with the efficiency of the Government. (b)An employee removed under this section shall be notified of the reasons for such removal. Within 30 days after the notification, the employee is entitled to submit to the official designated by the head of the agency statements or affidavits to show why the employee should be restored to duty. If such statements and affidavits are submitted, the head of the agency shall provide a written response, and may restore the employee’s employment if the head of the agency chooses. (c)Except as provided under subsection (b), a decision by the head of the agency to remove an employee under this section is final and may not be appealed or reviewed outside the agency. (d)Whenever the head of the agency removes an employee under the authority of this section, the head of the agency shall notify Congress of such termination. (e)A removal under this section does not affect the right of the employee affected to seek or accept employment with any other department or agency of the United States if that employee is declared eligible for such employment by the Director of the Office of Personnel Management. (f)The authority of the head of the agency under this section may not be delegated.

(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.

Subchapter VII—Removal of Senior Executive Service employees

7561. Definition.

7562. Removal of Senior Executive Employees.