[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1378 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1378

  To amend title 5, United States Code, to provide for investigative 
leave requirements with respect to Senior Executive Service employees, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2013

    Mr. Blunt (for himself, Mr. Risch, Mr. Roberts, Ms. Ayotte, Mr. 
    Grassley, Mr. Cornyn, Mr. Coats, Mrs. Fischer, and Mr. Johanns) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend title 5, United States Code, to provide for investigative 
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. SUSPENSION FOR 14 DAYS OR LESS FOR SENIOR EXECUTIVE SERVICE 
              EMPLOYEES.

    Paragraph (1) of section 7501 of title 5, United States Code, is 
amended to read as follows:
            ``(1) `employee' means--
                    ``(A) an individual in the competitive service who 
                is not serving a probationary or trial period under an 
                initial appointment or who has completed 1 year of 
                current continuous employment in the same or similar 
                positions under other than a temporary appointment 
                limited to 1 year or less; or
                    ``(B) a career appointee in the Senior Executive 
                Service who--
                            ``(i) has completed the probationary period 
                        prescribed under section 3393(d); or
                            ``(ii) was covered by the provisions of 
                        subchapter II of this chapter immediately 
                        before appointment to the Senior Executive 
                        Service; and''.

SEC. 3. 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:

   ``SUBCHAPTER VI--INVESTIGATIVE LEAVE FOR SENIOR EXECUTIVE SERVICE 
                               EMPLOYEES

``Sec. 7551. Definitions
    ``For the purposes of this subchapter--
            ``(1) the term `employee' has the meaning given such term 
        in section 7541; and
            ``(2) the term `investigative leave' means a temporary 
        absence without duty for disciplinary reasons that, except as 
        provided in section 7553(b)(4), shall not exceed a period of 
        more than 90 days.
``Sec. 7552. Actions covered
    ``This subchapter applies to investigative leave.
``Sec. 7553. Cause and procedure
    ``(a) Placing on Investigative Leave.--
            ``(1) In general.--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 alleged misconduct, neglect 
        of duty, malfeasance, or misappropriation of funds.
            ``(2) Without pay.--If an agency determines that the 
        alleged conduct of an employee is serious or flagrant, the 
        agency may place the employee on investigative leave without 
        pay.
    ``(b) Review.--
            ``(1) In general.--At the end of each 45-day period during 
        a period of investigative leave, the agency employing the 
        employee on investigative leave shall review the investigation 
        of the alleged misconduct, neglect of duty, malfeasance, or 
        misappropriation of funds by the employee.
            ``(2) Report.--Not later than 5 business days after the end 
        of each 45-day period described in paragraph (1), an agency 
        shall submit a report describing the review under paragraph (1) 
        to the Committee on Homeland Security and Governmental Affairs 
        of the Senate and the Committee on Oversight and Government 
        Reform of the House of Representatives.
            ``(3) Action.--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 the employee without pay; or
                    ``(C) reinstate or restore the employee to duty.
            ``(4) Extension of period.--An agency may extend the period 
        of investigative leave with respect to an employee for 1 
        additional period not to exceed 90 days.
    ``(c) Procedure.--An employee against whom an action under 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 conduct of the 
                employee with respect to which an action covered by 
                this subchapter is proposed is serious or flagrant, in 
                accordance with regulations prescribed 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) Hearings Permissible.--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) Appeal.--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) Materials.--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.

    ``SUBCHAPTER VII--REMOVAL OF SENIOR EXECUTIVE SERVICE EMPLOYEES

``Sec. 7561. Definition
    ``For purposes of this subchapter, the term `employee' has the 
meaning given such term in section 7541.
``Sec. 7562. Removal of Senior Executive Service employees
    ``(a) In General.--Notwithstanding any other provision of law, the 
head of an agency may remove an employee for neglect of duty, 
misappropriation of funds, or malfeasance 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 necessary or advisable in 
        the interests of the United States; and
            ``(3) determines that the procedures prescribed in other 
        provisions of law that authorize the removal of the employee 
        cannot be used in a manner that the head of the agency 
        considers consistent with the efficiency of the Government.
    ``(b) Procedure.--An employee removed under this section--
            ``(1) shall be notified of the reasons for such removal;
            ``(2) is entitled to submit, within 30 days after the 
        notification, to the official designated by the head of the 
        agency statements or affidavits to show why the employee should 
        be restored to duty;
            ``(3) shall be provided a written response by the head of 
        the agency if statements and affidavits are submitted under 
        paragraph (2); and
            ``(4) may be restored to duty if the head of the agency 
        determines it appropriate.
    ``(c) Notice.--If the head of an agency removes an employee under 
the authority under this section, the head of the agency shall notify 
Congress of the removal and the reasons for the removal.
    ``(d) Appeal.--An employee against whom an action is taken under 
this section is entitled to appeal to the Merit Systems Protection 
Board under section 7701.
    ``(e) Records.--Copies of the notice of proposed action, the answer 
of the employee when written, a summary of the answer when made orally, 
the notice of decision and reasons therefor, and any order effecting an 
action covered by this section, 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 request of the employee.
    ``(f) Other Employment.--A removal under this section shall not 
affect the right of the employee removed to seek or accept employment 
with any other agency if that employee is declared eligible for such 
employment by the Director of the Office of Personnel Management.
    ``(g) No Delegation.--The authority of the head of the agency under 
this section may not be delegated.''.
    (b) Clerical Amendment.--The table of sections for 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 Service employees.''.

SEC. 4. 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) 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 determines that the conduct of the 
                employee with respect to which an action covered by 
                this subchapter is proposed is serious or flagrant, in 
                accordance with regulations prescribed by the Office of 
                Personnel Management;''.

SEC. 5. MISAPPROPRIATION OF FUNDS AMENDMENTS.

    (a) Reinstatement in the Senior Executive Service.--Section 3593 of 
title 5, United States Code, is amended--
            (1) in subsection (a)(2), by inserting ``misappropriation 
        of funds,'' after ``malfeasance,''; and
            (2) in subsection (b), by striking ``or malfeasance'' and 
        inserting ``malfeasance, or misappropriation of funds''.
    (b) Placement in Other Personnel Systems.--Section 3594(a) of title 
5, United States Code, is amended by striking ``or malfeasance'' and 
inserting ``malfeasance, or misappropriation of funds''.
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