,i #aacth ,,congress #ast ,session ,h4 ,r4 #bhgi ,,in ,,the ,,house ,,of ,,representatives ,july #ca1 #bjac ,ms4 ,jenkins 7for herself1 ,mr4 ,meadows1 and ,mr4 ,kelly of ,pennsylvania7 introduced the following bill2 which was referred to the ,committee on ,oversight and ,government ,reform1 and in addition to the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to provide limitations on bonuses for ,federal employees during sequestration1 to provide for investigative leave requirements for members of the ,senior ,executive ,service1 to establish certain procedures for conducting in-person or telephonic interactions by ,executive branch employees with individuals1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,stop ,government ,abuse ,act4 7b7 ,table of contents ,the table of contents is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,common ,sense in ,compensation ,sec4 #aja4 ,definitions4 ,sec4 #ajb4 ,limitations4 ,sec4 #ajc4 ,regulations4 ,title ,,ii--,government ,employee ,accountability ,sec4 #bja4 ,suspension for #ad days or less for ,senior ,executive ,service employees4 ,sec4 #bjb4 ,investigative leave and termination authority for ,senior ,executive ,service employees4 ,sec4 #bjc4 ,suspension of ,senior ,executive ,service employees4 ,sec4 #bjd4 ,misappropriation of funds amendments4 ,title ,,iii--,citizen ,empowerment ,sec4 #cja4 ,amendments4 ,i ,common ,sense in ,compensation #aja4 ,definitions ,for purposes of this title-- 7#a7 the term employee means an employee 7as defined by section #baje7;a7 of title #e1 ,united ,states ,code7 holding a position in or under an ,executive agency2 7#b7 the term ,executive agency has the meaning given such term by section #aje of title #e1 ,united ,states ,code2 7#c7 the term discretionary monetary payment means-- 7,a7 any award or other monetary payment under chapter #de1 or section #egec or #eged1 of title #e1 ,united ,states ,code2 and 7,b7 any step-increase under section #eccf of title #e1 ,united ,states ,code2 7#d7 the term covered compensation1 as used with respect to an employee in connection with any period1 means the sum of-- 7,a7 the basic pay1 and 7,b7 any discretionary monetary payments 7excluding basic pay71 payable to such employee during such period2 7#e7 the term basic pay means basic pay for service as an employee2 and 7#f7 the term sequestration period means a period beginning on the first day of a fiscal year in which a sequestration order with respect to discretionary spending or direct spending is issued under section #bea;,a or section #bed of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe and ending on the last day of the fiscal year to which the sequestration order applies4 #ajb4 ,limitations 7a7 ,in general ,notwithstanding any other provision of law-- 7#a7 no discretionary monetary payment may be made to an employee during any sequestration period to the extent that such payment would cause in a fiscal year the total covered compensation of such employee for such fiscal year to exceed #aje percent of the total amount of basic pay payable to such individual 7before the application of any step-increase in such fiscal year under section #eccf of title #e1 ,united ,states ,code7 for such fiscal year2 and 7#b7 except as provided in subsection 7b71 during any sequestration period1 an agency may not pay a performance award under section #echd of title #e1 ,united ,states ,code1 to the extent that such payment would cause the number of employees in the agency receiving such award during such period to exceed #cc percent of the total number of employees in the agency eligible to receive such award during such period4 7b7 ,waivers ,for the purposes of any sequestration period-- 7#a7 the head of any agency may1 subject to approval by the ,director of the ,office of ,personnel ,management1 waive the requirements of subsection 7a77#b72 and 7#b7 the head of any agency may waive the requirements of subsection 7a77#a7 with respect to any employee if the requirements of such subsection would violate the terms of a collective bargaining agreement covering such employee1 except that this paragraph shall not apply to any employee covered by a collective bargaining agreement that is renewed on or after the date of enactment of this title4 7c7 ,notification ,in the case of an agency for which the ,director of the ,office of ,personnel ,management grants a waiver under subsection 7b77#a71 the agency shall notify the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate of the percentage of career appointees receiving performance awards under section #echd of title #e1 ,united ,states ,code1 and the dollar amount of each performance award4 7d7 ,application ,this section shall apply to any discretionary monetary payment or performance award under section #echd of title #e1 ,united ,states ,code1 made on or after the date of enactment of this title4 #ajc4 ,regulations ,the ,office of ,personnel ,management may prescribe regulations to carry out this title4 ,,ii ,government ,employee ,accountability #bja4 ,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 4 #bjb4 ,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 after the item relating to section #gedc 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 #bjc4 ,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 #bjd4 ,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 ,,iii ,citizen ,empowerment #cja4 ,amendments 7a7 ,in general ,part ,,iii of title #e1 ,united ,states ,code1 is amended by inserting after chapter #gi the following3 #gi;,a ,services to members of the public ,sec4 #giba4 ,procedure for in-person and telephonic interactions conducted by ,executive ,branch employees4 #giba4 ,procedure for in-person and telephonic interactions conducted by ,executive ,branch employees 7a7 ,purpose ,the purpose of this section is to ensure that individuals have the right to record in-person and telephonic interactions with ,executive agency employees and to ensure that individuals who are the target of enforcement actions conducted by ,executive agency employees are notified of such right4 7b7 ,definitions ,for purposes of this section-- 7#a7 the term telephonic means by telephone or other similar electronic device2 and 7#b7 the term employee means an employee of an ,executive agency4 7c7 ,consent of ,executive agency employees ,participation by an employee1 acting in an official capacity1 in an in-person or telephonic interaction shall constitute consent by the employee to a recording of that interaction by any participant in the interaction4 7d7 ,notice of rights when ,federal employees engaged in certain actions ,a notice of an individual's right to record conversations with employees shall be included in any written material provided by an ,executive agency to the individual concerning an audit1 investigation1 inspection1 or enforcement action that could result in the imposition of a fine1 forfeiture of property1 civil monetary penalty1 or criminal penalty against1 or the collection of an unpaid tax1 fine1 or penalty from1 such individual or a business owned or operated by such individual4 7e7 ,official representative ,any person who is permitted to represent before an ,executive agency an individual under this section shall receive the same notice as required under subsection 7d7 with respect to such individual4 7f7 ,no cause of action ,this section does not create any express or implied private right of action4 7g7 ,disciplinary action ,an employee who violates this section shall be subject to appropriate disciplinary action in accordance with otherwise applicable provisions of law4 7h7 ,public information concerning right ,to record 7#a7 ,posting on agency ,web sites ,within #ahj days after the date of the enactment of this section1 each ,executive agency shall post prominently on its ,web site information explaining the right of individuals to record interactions with employees4 7#b7 ,,omb guidance ,within #ij days after the date of the enactment of this section1 the ,office of ,management and ,budget shall issue guidance to ,executive agencies concerning implementation of paragraph 7#a74 4 7b7 ,clerical ,amendment ,the analysis for part ,,iii of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #gi the following3 #gi;,a4,services to members of the public#giba 4