IB 

Union Calendar No. 369 

114TH CONGRESS 

2D SESSION H. R. 4358 

[Report No. 114–485] 

To amend title 5, United States Code, to enhance accountability within 

the Senior Executive Service, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 8, 2016 

Mr. WALBERG introduced the following bill; which was referred to the 

Committee on Oversight and Government Reform 

APRIL 12, 2016 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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A BILL 

To amend title 5, United States Code, to enhance accountability within the Senior Executive Service, and for other 

purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Senior Executive Serv5 ice Accountability Act’’. 

6 SEC. 2. BIENNIAL JUSTIFICATION OF SENIOR EXECUTIVE 

7 SERVICE POSITIONS. 

8 Section 3133(a)(2) of title 5, United States Code, is 

9 amended by inserting after ‘‘positions’’ the following: ‘‘, 

10 with a justification for each position (by title and organi11 zational location) and the specific result expected from 

12 each position, including the impact of such result on the 

13 agency mission,’’. 

14 SEC. 3. EXTENSION OF PROBATIONARY PERIOD FOR CA15 REER APPOINTEES. 

16 (a) IN GENERAL.—Section 3393(d) of title 5, United 

17 States Code, is amended by striking ‘‘1-year’’ and insert18 ing ‘‘2-year’’. 

19 (b) CONFORMING AMENDMENT.—Section 3592(a)(1) 

20 of such title is amended by striking ‘‘1-year’’ and inserting 

21 ‘‘2-year’’. 


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1 SEC. 4. MODIFICATION OF PAY RETENTION FOR CAREER 

2 APPOINTEES REMOVED FOR UNDER PER3 FORMANCE. 

4 Section 3594(c)(1)(B) of title 5, United States Code, 

5 is amended to read as follows: 

6 ‘‘(B)(i) any career appointee placed under 

7 subsection (a) or (b)(2) of this section shall be 

8 entitled to receive basic pay at the highest of— 

9 ‘‘(I) the rate of basic pay in effect for 

10 the position in which placed; 

11 ‘‘(II) the rate of basic pay in effect at 

12 the time of the placement for the position 

13 the career appointee held in the civil serv14 ice immediately before being appointed to 

15 the Senior Executive Service; or 

16 ‘‘(III) the rate of basic pay in effect 

17 for the career appointee immediately before 

18 being placed under subsection (a) or (b) of 

19 this section; and 

20 ‘‘(ii) any career appointee placed under 

21 subsection (b)(1) of this section shall be entitled 

22 to receive basic pay at the rate of basic pay in 

23 effect for the position in which placed; and’’. 


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1 SEC. 5. ADVANCED ESTABLISHMENT OF PERFORMANCE RE2 QUIREMENTS UNDER SENIOR EXECUTIVE 

3 SERVICE PERFORMANCE APPRAISAL SYS4 TEMS. 

5 Section 4312(b)(1) of title 5, United States Code, is 

6 amended— 

7 (1) by striking ‘‘on or’’ and inserting ‘‘not later 

8 than 30 calendar days’’; and 

9 (2) by inserting ‘‘in writing’’ after ‘‘commu10 nicated’’. 

11 SEC. 6. AMENDMENTS WITH RESPECT TO ADVERSE AC12 TIONS AGAINST CAREER APPOINTEES. 

13 (a) SUSPENSION FOR 14 DAYS OR LESS FOR SENIOR

14 EXECUTIVE SERVICE EMPLOYEE.—Paragraph (1) of Sec15 tion 7501 of title 5, United States Code, is amended to 

16 read as follows: 

17 ‘‘(1) ‘employee’ means— 

18 ‘‘(A) an individual in the competitive serv19 ice who is not serving a probationary period or 

20 trial period under an initial appointment or who 

21 has completed 1 year of current continuous em22 ployment in the same or similar positions under 

23 other than a temporary appointment limited to 

24 1 year or less; or 

25 ‘‘(B) a career appointee in the Senior Ex26 ecutive Service who— 


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1 ‘‘(i) has completed the probationary 

2 period prescribed under section 3393(d); or 

3 ‘‘(ii) was covered by the provisions of 

4 subchapter II of this chapter immediately 

5 before appointment to the Senior Executive 

6 Service; and’’. 

7 (b) MODIFICATION OF CAUSE AND PROCEDURE FOR

8 SUSPENSION AND TERMINATION.— 

9 (1) IN GENERAL.—Section 7543 of title 5, 

10 United States Code, is amended— 

11 (A) in subsection (a), by striking ‘‘mis12 conduct,’’ and inserting ‘‘such cause as would 

13 promote the efficiency of the service, mis14 conduct,’’; and 

15 (B) in subsection (b)(1), by striking ‘‘30’’ 

16 and inserting ‘‘15’’. 

17 (2) CONFORMING AMENDMENTS.—Subchapter 

18 V of chapter 35 of title 5, United States Code, is 

19 amended— 

20 (A) in section 3593— 

21 (i) in subsection (a)(2), by striking 

22 ‘‘misconduct,’’ and inserting ‘‘such cause 

23 as would promote the efficiency of the 

24 service, misconduct,’’; and 


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1 (ii) in subsection (b), by striking 

2 ‘‘misconduct,’’ and inserting ‘‘such cause 

3 as would promote the efficiency of the 

4 service, misconduct,’’; and 

5 (B) in section 3594(a), by striking ‘‘mis6 conduct,’’ and inserting ‘‘such cause as would 

7 promote the efficiency of the service, mis8 conduct,’’. 

9 SEC. 7. MANDATORY LEAVE FOR CAREER APPOINTEES 

10 SUBJECT TO REMOVAL. 

11 (a) IN GENERAL.—Subchapter II of chapter 63 of 

12 title 5, United States Code, is amended by adding at the 

13 end the following: 

14 ‘‘§ 6330. Mandatory leave for Senior Executive Serv15 ice career appointees subject to removal 

16 ‘‘(a) In this section— 

17 ‘‘(1) the term ‘employee’ means an employee 

18 (as that term is defined in section 7541(1)) who has 

19 received written notice of removal from the civil 

20 service under subchapter V of chapter 75; and 

21 ‘‘(2) the term ‘mandatory leave’ means, with re22 spect to an employee, an absence with pay but with23 out duty during which such employee— 

24 ‘‘(A) shall be charged accrued annual leave 

25 for the period of such absence; and 


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1 ‘‘(B) may not accrue any annual leave 

2 under section 6303 for the period of such ab3 sence. 

4 ‘‘(b) Under regulations prescribed by the Office of 

5 Personnel Management, an agency may place an employee 

6 on mandatory leave for misconduct, neglect of duty, mal7 feasance, or such cause as would promote the efficiency 

8 of the service. 

9 ‘‘(c) If an agency determines that an employee should 

10 be placed on mandatory leave under subsection (b), such 

11 leave shall begin no earlier than the date on which the 

12 employee received written notice of a removal under sub13 chapter V of chapter 75. 

14 ‘‘(d) If a final order or decision is issued in favor 

15 of such employee with respect to removal under sub16 chapter V of chapter 75 by the agency, the Merit Systems 

17 Protection Board, or the United States Court of Appeals 

18 for the Federal Circuit, any annual leave that is charged 

19 to an employee by operation of this section shall be re20 stored to the applicable leave account of such employee.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections 

22 of chapter 63 of title 5, United States Code, is amended 

23 by adding after the item relating to section 6328 the fol24 lowing new item: 

‘‘6330. Mandatory leave for Senior Executive Service career appointees subject 

to removal.’’. 


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1 (c) REGULATIONS.—Not later than 6 months after 

2 the date of enactment of this Act, the Director of the Of3 fice of Personnel Management shall prescribe regulations 

4 with respect to the leave provided by the amendment in 

5 subsection (a). 

6 SEC. 8. EXPEDITED REMOVAL OF CAREER APPOINTEES 

7 FOR PERFORMANCE OR MISCONDUCT. 

8 (a) IN GENERAL.—Chapter 75 of title 5, United 

9 States Code, is amended by adding at the end the fol10 lowing: 

11 ‘‘SUBCHAPTER VI—SENIOR EXECUTIVE 

12 SERVICE: EXPEDITED REMOVAL 

13 ‘‘§ 7551. Definitions 

14 ‘‘In this subchapter— 

15 ‘‘(1) the term ‘employee’ has the meaning given 

16 such term in section 7541(1), but does not include 

17 any career appointee in the Senior Executive Service 

18 within the Department of Veterans Affairs; and 

19 ‘‘(2) the term ‘misconduct’ includes neglect of 

20 duty, malfeasance, or failure to accept a directed re21 assignment or to accompany a position in a transfer 

22 of function. 

23 ‘‘§ 7552. Actions covered 

24 ‘‘This subchapter applies to a removal from the civil 

25 service or a transfer from the Senior Executive Service, 


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1 but does not apply to an action initiated under section 

2 1215, to a removal under section 3592 or 3595, to a sus3 pension under section 7503, to a suspension or removal 

4 under section 7532, to a suspension or removal under sec5 tion 7542, or to a suspension or removal under section 

6 713 of title 38. 

7 ‘‘§ 7553. Cause and procedure 

8 ‘‘(a)(1) Under regulations prescribed by the Office of 

9 Personnel Management, the head of an agency may re10 move an employee of the agency from the Senior Executive 

11 Service if the head determines that the performance or 

12 misconduct of the individual warrants such removal. If the 

13 head so removes such an individual, the head may— 

14 ‘‘(A) remove the individual from the civil serv15 ice; or 

16 ‘‘(B) in the case of an employee described in 

17 paragraph (2), transfer the employee from the Sen18 ior Executive Service to a General Schedule position 

19 at any grade of the General Schedule for which the 

20 employee is qualified and that the head determines 

21 is appropriate. 

22 ‘‘(2) An employee described in this paragraph is an 

23 individual who— 

24 ‘‘(A) previously occupied a permanent position 

25 within the competitive service; 


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1 ‘‘(B) previously occupied a permanent position 

2 within the excepted service; or 

3 ‘‘(C) prior to employment as a career appointee 

4 at the agency, did not occupy any position within the 

5 Federal Government. 

6 ‘‘(3) An employee against whom an action is proposed 

7 under paragraph (1) is entitled to 5 days’ advance written 

8 notice. 

9 ‘‘(b)(1) Notwithstanding any other provision of law, 

10 including section 3594, any employee transferred to a 

11 General Schedule position under subsection (a)(1)(B) 

12 shall, beginning on the date of such transfer, receive the 

13 annual rate of pay applicable to such position. 

14 ‘‘(2) An employee so transferred may not be placed 

15 on administrative leave or any other category of paid leave 

16 during the period during which an appeal (if any) under 

17 this section is ongoing, and may only receive pay if the 

18 individual reports for duty. If an employee so transferred 

19 does not report for duty, such employee shall not receive 

20 pay or other benefits pursuant to section 7554(e). 

21 ‘‘(c) Not later than 30 days after removing or trans22 ferring an employee under subsection (a), the applicable 

23 head of the agency shall submit to Congress notice in writ24 ing of such removal or transfer and the reason for such 

25 removal or transfer. 


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1 ‘‘(d) Section 3592(b)(1) does not apply to an action 

2 to remove or transfer an employee under this section. 

3 ‘‘(e) Subject to the requirements of section 7554, an 

4 employee may appeal a removal or transfer under sub5 section (a) to the Merit Systems Protection Board under 

6 section 7701, but only if such appeal is made not later 

7 than seven days after the date of such removal or transfer. 

8 ‘‘§ 7554. Expedited review of appeal 

9 ‘‘(a) Upon receipt of an appeal under section 

10 7553(d), the Merit Systems Protection Board shall refer 

11 such appeal to an administrative judge pursuant to section 

12 7701(b)(1). The administrative judge shall— 

13 ‘‘(1) expedite any such appeal under such sec14 tion; and 

15 ‘‘(2) in any such case, issue a decision not later 

16 than 21 days after the date of the appeal. 

17 ‘‘(b) Notwithstanding any other provision of law, in18 cluding section 7703, the decision of an administrative 

19 judge under subsection (a) shall be final and shall not be 

20 subject to any further appeal. 

21 ‘‘(c) In any case in which the administrative judge 

22 cannot issue a decision in accordance with the 21-day re23 quirement under subsection (a)(2), the removal or transfer 

24 is final. In such a case, the Merit Systems Protection 

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1 moval or transfer is final, submit to Congress a report 

2 that explains the reasons why a decision was not issued 

3 in accordance with such requirement. 

4 ‘‘(d) The Merit Systems Protection Board or admin5 istrative judge may not stay any removal or transfer under 

6 this section. 

7 ‘‘(e) During the period beginning on the date on 

8 which an employee appeals a removal from the civil service 

9 under section 7553(d) and ending on the date that the 

10 administrative judge issues a final decision on such appeal, 

11 such employee may not receive any pay, awards, bonuses, 

12 incentives, allowances, differentials, student loan repay13 ments, special payments, or benefits.’’. 

14 (b) APPLICATION.— 

15 (1) IN GENERAL.—Subchapter VI of chapter 75 

16 of title 5, United States Code, as added by sub17 section (a), shall not apply to any personnel action 

18 against a career appointee (as that term is defined 

19 in section 3132(a)(4) of title 5, United States Code) 

20 that was commenced before the date of enactment of 

21 this Act. 

22 (2) RELATION TO OTHER AUTHORITIES.—The 

23 authority provided by such subchapter is in addition 

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1 chapter V of chapter 75 of title 5, United States 

2 Code. 

3 (c) TECHNICAL AMENDMENTS.— 

4 (1) TITLE 5.—Title 5, United States Code, is 

5 amended— 

6 (A) in section 3592(b)(2)— 

7 (i) by striking ‘‘or’’ at the end of sub8 paragraph (A); 

9 (ii) by striking the period at the end 

10 of subparagraph (B) and inserting ‘‘; or’’; 

11 and 

12 (iii) by adding at the end the fol13 lowing: 

14 ‘‘(C) any removal under subchapter VI of 

15 this title or section 713 of title 38.’’; 

16 (B) in section 3393(g), by striking ‘‘or 

17 7543 of this title’’ and inserting ‘‘, 7543, or 

18 7553 of this title or section 713 of title 38’’; 

19 and 

20 (C) in section 7542, by striking ‘‘or to a 

21 removal under section 3592 or 3595 of this 

22 title’’ and inserting ‘‘to a removal under section 

23 3592 or 3595 of this title, to a suspension 

24 under section 7503, to a removal or transfer 


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1 under section 7553, or a removal or transfer 

2 under section 713 of title 38’’. 

3 (2) TITLE 38.—Section 713(f)(1) of title 38, 

4 United States Code, is amended by striking ‘‘or sub5 chapter V’’ and inserting ‘‘, chapter 43, or sub6 chapters V and VI’’. 

7 (d) CLERICAL AMENDMENT.—The table of sections 

8 at the beginning of chapter 75 of title 5, United States 

9 Code, is amended by adding after the item relating to sec10 tion 7543 the following: 

‘‘SUBCHAPTER VI—SENIOR EXECUTIVE SERVICE: EXPEDITED REMOVAL

‘‘7551. Definitions. 

‘‘7552. Actions covered. 

‘‘7553. Cause and procedure. 

‘‘7554. Expedited review of appeal.’’. 

11 SEC. 9. MANDATORY REASSIGNMENT OF CAREER AP12 POINTEES. 

13 (a) IN GENERAL.—Section 3395(a) of title 5, United 

14 States Code, is amended by adding at the end the fol15 lowing: 

16 ‘‘(3)(A) Consistent with the requirements of para17 graphs (1) and (2), at least once every five years beginning 

18 on the date that a career appointee is initially appointed 

19 to the Senior Executive Service, each career appointee at 

20 an agency shall be reassigned to another Senior Executive 

21 Service position at the agency at a different geographic 


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1 location that does not include the supervision of the same 

2 agency personnel or programs. 

3 ‘‘(B) The head of an agency may waive the require4 ment under subparagraph (A) for any career appointee if 

5 the head submits notice of the waiver and an explanation 

6 of the reasons for the waiver to the Committee on Over7 sight and Government Reform of the House of Represent8 atives and the Committee on Homeland Security and Gov9 ernmental Affairs of the Senate.’’. 

10 (b) CONFORMING AMENDMENT.—Section 

11 3395(a)(1)(A) of title 5, United States Code, is amended 

12 by striking ‘‘paragraph (2)’’ and inserting ‘‘paragraphs 

13 (2) and (3)’’. 

14 (c) EFFECTIVE DATE.—The amendments made by 

15 this section shall take effect 90 days after the date of en16 actment of this Act. 


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Union Calendar No. 369 

114TH CONGRESS 

2D SESSION H. R. 4358 

[Report No. 114–485] 

A BILL 

To amend title 5, United States Code, to enhance 

ice, and for other purposes. accountability within the Senior Executive ServAPRIL 12, 2016 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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