,,ii  #aacth ,,congress  #ast ,session  
,s4 #acgh  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #be1     
#bjac ,mr4 ,blunt 7for himself1 ,mr4    
,risch1 ,mr4 ,roberts1 ,ms4 ,ayotte1    
,mr4 ,grassley1 ,mr4 ,cornyn1 ,mr4      
,coats1 ,mrs4 ,fischer1 and ,mr4        
,johanns7 introduced the following bill2
 which was read twice and referred to   
the ,committee on ,homeland ,security   
and ,governmental ,affairs  ,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 the term employee has
 the meaning given such term in section 

#geda2 and  7#b7 the term investigative 
leave means a temporary absence without 
duty for disciplinary reasons that1     
except as provided in section           
#geec7;b77#d71 shall not exceed a period
 of more than #ij days4  #geeb4 ,actions
 covered ,this subchapter applies to    
investigative leave4  #geec4 ,cause and 
procedure  7a7 ,placing on investigative
 leave  7#a7 ,in general ,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
 alleged misconduct1 neglect of duty1   
malfeasance1 or misappropriation of     
funds4  7#b7 ,without pay ,if an agency 
determines that the alleged conduct of  
an employee is serious or flagrant1 the 
agency may place the employee on        
investigative leave without pay4  7b7   
,review  7#a7 ,in general ,at the end of
 each #de-;day period during a period of
 investigative leave1 the agency        

employing the employee on investigative 
leave shall review the investigation of 
the alleged misconduct1 neglect of duty1
 malfeasance1 or misappropriation of    
funds by the employee4  7#b7 ,report    
,not later than #e business days after  
the end of each #de-;day period         
described in paragraph 7#a71 an agency  
shall submit a report describing the    
review under paragraph 7#a7 to the      
,committee on ,homeland ,security and   
,governmental ,affairs of the ,senate   
and the ,committee on ,oversight and    
,government ,reform of the ,house of    
,representatives4  7#c7 ,action ,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 the employee    
without pay2 or  7,c7 reinstate or      
restore the employee to duty4  7#d7     
,extension of period ,an agency may     
extend the period of investigative leave
 with respect to an employee for #a     

additional period not to exceed #ij     
days4  7c7 ,procedure ,an employee      
against whom an action under 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 determines 
that the conduct of the employee with   
respect to which an action covered by   
this subchapter is proposed is serious  
or flagrant1 in accordance with         
regulations prescribed by the ,office of
 ,personnel ,management2  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 ,hearings        
permissible ,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 ,appeal ,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 ,materials ,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 ,in general              
,notwithstanding any other provision of 
law1 the head of an agency may remove an
 employee for neglect of duty1          
misappropriation of funds1 or           
malfeasance if the head of the agency-- 
7#a7 determines that the employee 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 the employee cannot be used  
in a manner that the head of the agency 
considers consistent with the efficiency
 of the ,government4  7b7 ,procedure ,an
 employee removed under this section--  
7#a7 shall be notified of the reasons   

for such removal2  7#b7 is entitled to  
submit1 within #cj days after the       
notification1 to the official designated
 by the head of the agency statements or
 affidavits to show why the employee    
should be restored to duty2  7#c7 shall 
be provided a written response by the   
head of the agency if statements and    
affidavits are submitted under paragraph
 7#b72 and  7#d7 may be restored to duty
 if the head of the agency determines it
 appropriate4  7c7 ,notice ,if the head 
of an agency removes an employee under  
the authority under this section1 the   
head of the agency shall notify         
,congress of the removal and the reasons
 for the removal4  7d7 ,appeal ,an      
employee against whom an action is taken
 under this section is entitled to      
appeal to the ,merit ,systems           
,protection ,board under section #ggja4 
7e7 ,records ,copies of the notice of   
proposed action1 the answer of the      
employee when written1 a summary of the 
answer when made orally1 the notice of  

decision and reasons therefor1 and any  
order effecting an action covered by    
this section1 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 request of the        
employee4  7f7 ,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 ,management4  7g7 ,no        
delegation ,the authority of the head of
 the agency under this section may not  
be delegated4  4  7b7 ,clerical         
amendment ,the table of sections for    
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  #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 determines that the conduct 
of the employee with respect to which an
 action covered by this subchapter is   
proposed is serious or flagrant1 in     

accordance with regulations prescribed  
by the ,office of ,personnel            
,management2  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