H.R.6016 - Government Employee Accountability Act112th Congress (2011-2012)
Summary: H.R.6016 — 112th Congress (2011-2012)
Passed House amended (12/19/2012)
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.