[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6016 Reported in House (RH)]

                                                 Union Calendar No. 497
112th CONGRESS
  2d Session
                                H. R. 6016

                          [Report No. 112-686]

  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

                           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.


 


    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 not greater than 90 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, 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.''.

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,'';
            (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.''.
                                                 Union Calendar No. 497

112th CONGRESS

  2d Session

                               H. R. 6016

                          [Report No. 112-686]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           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