Government Employee Accountability Act

3/14/2024, 12:36 PM
Congress
112

Number
HR - 6016

Introduced on
2012-06-21

# Amendments
0

Sponsors
+5

Cosponsors
+5

Variations and Revisions

12/20/2012

Status of Legislation

Bill Introduced
Introduced to House
Passed in House
Introduced to Senate
Senate to Vote

Purpose and Summary

Government Employee Accountability Act - Sets forth investigative leave requirements for federal employees in the competitive service and Senior Executive Service (SES) career employees. Defines "investigative leave" as a temporary absence without duty for disciplinary reasons, for up to 90 days.

Authorizes a federal agency to place an employee on investigative leave: (1) without loss of pay and without charge to annual or sick leave only for misconduct, neglect of duty, malfeasance, or misappropriation of funds; or (2) without pay if such employee's conduct is determined to be serious or flagrant.

Requires an agency head to: (1) review the investigation into an employee's misconduct, neglect of duty, malfeasance, or misappropriation of funds at the end of each 45-day investigative period; (2) report on such review to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs not later than 5 business days after the end of each 45-day period; and (3) remove, suspend without pay, or reinstate or restore such employee to duty at the end of the investigative leave period. Allows an agency to extend a period of investigative leave for an additional period not to exceed 90 days.

Entitles an employee, before being placed on investigative leave, to: (1) at least 30-days' advance written notice, stating specific reasons for the proposed action, unless there is reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment can be imposed or unless the agency head determines that the employee's conduct 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 evidence in support of the answer; (3) be represented by an attorney or other representative; and (4) a written decision with specific reasons at the earliest practicable date.

Entitles an employee who is placed on administrative leave to appeal to the Merit Systems Protection Board (MSPB).

Includes misappropriation of funds as a ground in suspending or reinstating an SES employee or placing such employee in another civil service position.

Alternative Names
Official Title as IntroducedTo amend title 5, United States Code, to provide for administrative leave requirements with respect to Senior Executive Service employees, and for other purposes.

Policy Areas
Government Operations and Politics

Potential Impact
Administrative law and regulatory procedures
Administrative remedies
Congressional oversight
Federal officials
Government employee pay, benefits, personnel management
Government ethics and transparency, public corruption
Government studies and investigations
Merit Systems Protection Board
Office of Personnel Management (OPM)

Comments

Recent Activity

Latest Summary1/18/2013

Government Employee Accountability Act - Sets forth investigative leave requirements for federal employees in the competitive service and Senior Executive Service (SES) career employees. Defines "investigative leave" as a temporary absence withou...


Latest Action12/20/2012
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.