,,ib ,union ,calendar ,no4 #acd #aacth ,,congress #ast ,session ,h4 ,r4 #begi ,report ,no4 #aac-ahf ,,in ,,the ,,house ,,of ,,representatives ,june #bh1 #bjac ,mr4 ,kelly of ,pennsylvania 7for himself1 ,mr4 ,marino1 ,mr4 ,renacci1 ,mr4 ,griffin of ,arkansas1 ,mr4 ,roskam1 ,mr4 ,young of ,indiana1 ,mr4 ,farenthold1 ,mr4 ,denham1 ,mr4 ,gosar1 ,mr4 ,barletta1 ,mr4 ,benishek1 ,mr4 ,thompson of ,pennsylvania1 ,mr4 ,amodei1 ,mr4 ,gerlach1 ,mr4 ,paulsen1 ,mr4 ,hensarling1 ,mrs4 ,blackburn1 ,mr4 ,brooks of ,alabama1 ,mr4 ,calvert1 ,mr4 ,reed1 ,mr4 ,johnson of ,ohio1 and ,mr4 ,austin ,scott of ,georgia7 introduced the following bill2 which was referred to the ,committee on ,oversight and ,government ,reform ,july #ca1 #bjac ,additional sponsors3 ,mr4 ,collins of ,new ,york1 ,mr4 ,womack1 ,mr4 ,mc,clintock1 ,mr4 ,kingston1 ,mr4 ,westmoreland1 ,mr4 ,nugent1 ,mr4 ,cramer1 ,mr4 ,broun of ,georgia1 ,mrs4 ,miller of ,michigan1 ,mr4 ,pearce1 ,mr4 ,crawford1 ,mr4 ,mc,caul1 ,mr4 ,mullin1 ,mr4 ,lankford1 ,mr4 ,gingrey of ,georgia1 ,mr4 ,fitzpatrick1 ,mr4 ,webster of ,florida1 ,mr4 ,rokita1 and ,mrs4 ,walorski ,july #ca1 #bjac ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,strike out all after the enacting clause and insert the part printed in italic ,for text of introduced bill1 see copy of bill as introduced on ,june #bh1 #bjac ,a ,,bill ,to amend title #e1 ,united ,states ,code1 to provide for investigative leave requirements with respect to ,senior ,executive ,service employees1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,government ,employee ,accountability ,act4 #b4 ,suspension for #ad days or less for ,senior ,executive ,service employees ,paragraph 7#a7 of section #geja of title #e1 ,united ,states ,code1 is amended to read as follows3 7#a7 employee means-- 7,a7 an individual in the competitive service who is not serving a probationary or trial period under an initial appointment or who has completed #a year of current continuous employment in the same or similar positions under other than a temporary appointment limited to #a year or less2 or 7,b7 a career appointee in the ,senior ,executive ,service who-- 7i7 has completed the probationary period prescribed under section #ccic7;d72 or 7ii7 was covered by the provisions of subchapter ,,ii of this chapter immediately before appointment to the ,senior ,executive ,service2 and 4 #c4 ,investigative leave and termination authority for ,senior ,executive ,service employees 7a7 ,in general ,chapter #ge of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 ,,vi ,investigative leave for ,senior ,executive ,service employees #geea4 ,definitions ,for the purposes of this subchapter-- 7#a7 employee has the meaning given such term in section #geda2 and 7#b7 investigative leave means a temporary absence without duty for disciplinary reasons1 of a period not greater than #ij days4 #geeb4 ,actions covered ,this subchapter applies to investigative leave4 #geec4 ,cause and procedure 7a7 7#a7 ,under regulations prescribed by the ,office of ,personnel ,management1 an agency may place an employee on investigative leave1 without loss of pay and without charge to annual or sick leave1 only for misconduct1 neglect of duty1 malfeasance1 or misappropriation of funds4 7#b7 ,if an agency determines1 as prescribed in regulation by the ,office of ,personnel ,management1 that such employee's conduct is flagrant and that such employee intentionally engaged in such conduct1 the agency may place such employee on investigative leave under this subchapter without pay4 7b7 7#a7 ,at the end of each #de-;day period during a period of investigative leave implemented under this section1 the relevant agency shall review the investigation into the employee with respect to the misconduct1 neglect of duty1 malfeasance1 or misappropriation of funds4 7#b7 ,not later than #e business days after the end of each such #de-;day period1 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 ,senate4 7#c7 ,at the end of a period of investigative leave implemented under this section1 the agency shall-- 7,a7 remove an employee placed on investigative leave under this section2 7,b7 suspend such employee without pay2 or 7,c7 reinstate or restore such employee to duty4 7#d7 ,the agency may extend the period of investigative leave with respect to an action under this subchapter for an additional period not to exceed #ij days4 7c7 ,an employee against whom an action covered by this subchapter is proposed is entitled to1 before being placed on investigative leave under this section-- 7#a7 at least #cj days' advance written notice1 stating specific reasons for the proposed action1 unless-- 7,a7 there is reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment can be imposed2 or 7,b7 the agency determines1 as prescribed in regulation by the ,office of ,personnel ,management1 that the employee's conduct with respect to which an action covered by this subchapter is proposed is flagrant and that such employee intentionally engaged in such conduct2 7#b7 a reasonable time1 but not less than #g days1 to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer2 7#c7 be represented by an attorney or other representative2 and 7#d7 a written decision and specific reasons therefor at the earliest practicable date4 7d7 ,an agency may provide1 by regulation1 for a hearing which may be in lieu of or in addition to the opportunity to answer provided under subsection 7c77#b74 7e7 ,an employee against whom an action is taken under this section is entitled to appeal to the ,merit ,systems ,protection ,board under section #ggja4 7f7 ,copies of the notice of proposed action1 the answer of the employee when written1 and a summary thereof when made orally1 the notice of decision and reasons therefor1 and any order effecting an action covered by this subchapter1 together with any supporting material1 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 request4 ,,vii ,removal of ,senior ,executive ,service employees #gefa4 ,definition ,for purposes of this subchapter1 the term employee has the meaning given such term in section #geda4 #gefb4 ,removal of ,senior ,executive ,service employees 7a7 ,notwithstanding any other provision of law and consistent with the requirements of subsection 7b71 the head of an agency may remove an employee for serious neglect of duty1 misappropriation of funds1 or malfeasance if the head of the agency-- 7#a7 determines that the employee knowingly acted in a manner that endangers the interest of the agency mission2 7#b7 considers the removal to be necessary or advisable in the interests of the ,united ,states2 and 7#c7 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 head of an agency considers consistent with the efficiency of the ,government4 7b7 ,an employee may not be removed under this section-- 7#a7 on any basis that would be prohibited under-- 7,a7 any provision of law referred to in section #bcjb7;b77#a72 or 7,b7 paragraphs 7#h7 or 7#i7 of section #bcjb7;b72 or 7#b7 on any basis1 described in paragraph 7#a71 as to which any administrative or judicial proceeding-- 7,a7 has been commenced by or on behalf of such employee2 and 7,b7 is pending4 7c7 ,an employee removed under this section shall be notified of the reasons for such removal4 ,within #cj days after the notification1 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 duty4 ,if such statements and affidavits are submitted1 the head of the agency shall provide a written response1 and may restore the employee's employment if the head of the agency chooses4 7d7 ,whenever the head of the agency removes an employee under the authority of this section1 the head of the agency shall notify ,congress of such termination1 and the specific reasons for the action4 7e7 ,an employee against whom an action is taken under this section is entitled to appeal to the ,merit ,systems ,protection ,board under section #ggja of this title4 7f7 ,copies of the notice of proposed action1 the answer of the employee when written1 and a summary thereof when made orally1 the notice of decision and reasons therefor1 and any order effecting an action covered by this subchapter1 together with any supporting material1 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 request4 7g7 ,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 ,management4 7h7 ,the authority of the head of the agency under this section may not be delegated4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #ge of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 ,subchapter ,,vi--,investigative leave for ,senior ,executive ,service employees #geea4 ,definitions4 #geeb4 ,actions covered4 #geec4 ,cause and procedure4 ,subchapter ,,vii--,removal of ,senior ,executive ,service employees #gefa4 ,definition4 #gefb4 ,removal of ,senior ,executive ,service employees4 4 #d4 ,suspension of ,senior ,executive ,service employees ,section #gedc of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by inserting misappropriation of funds1 after malfeasance12 and 7#b7 in subsection 7b71 by amending paragraph 7#a7 to read as follows3 7#a7 at least #cj days' advance written notice1 stating specific reasons for the proposed action1 unless-- 7,a7 there is reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment can be imposed2 or 7,b7 the agency determines1 as prescribed in regulation by the ,office of ,personnel ,management1 that the employee's conduct with respect to which an action covered by this subchapter is proposed is flagrant and that such employee intentionally engaged in such conduct2 4 #e4 ,misappropriation of funds amendments 7a7 ,reinstatement in the ,senior ,executive ,service ,section #ceic of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#b71 by inserting misappropriation of funds1 after malfeasance12 and 7#b7 in subsection 7b71 by striking or malfeasance and inserting malfeasance1 or misappropriation of funds4 7b7 ,placement in other personnel systems ,section #ceid7;a7 of title #e1 ,united ,states ,code1 is amended by striking or malfeasance and inserting malfeasance1 or misappropriation of funds4 ,july #ca1 #bjac ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed