I 

114TH CONGRESS 

2D SESSION H. R. 4358 

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 

A BILL 

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

purposes. 

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: ‘‘, 

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1 zational location) and the specific result expected from 

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

3 agency mission,’’. 

4 SEC. 3. EXTENSION OF PROBATIONARY PERIOD FOR CA5 REER APPOINTEES. 

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

7 States Code, is amended by striking ‘‘1-year’’ and insert8 ing ‘‘2-year’’. 

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

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

11 ‘‘2-year’’. 

12 SEC. 4. MODIFICATION OF PAY RETENTION FOR CAREER 

13 APPOINTEES REMOVED FOR UNDER PER14 FORMANCE. 

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

16 is amended to read as follows: 

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

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

19 entitled to receive basic pay at the highest of— 

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

21 the position in which placed; 

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

23 the time of the placement for the position 

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1 ice immediately before being appointed to 

2 the Senior Executive Service; or 

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

4 for the career appointee immediately before 

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

6 this section; and 

7 ‘‘(ii) any career appointee placed under 

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

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

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

11 SEC. 5. ADVANCED ESTABLISHMENT OF PERFORMANCE RE12 QUIREMENTS UNDER SENIOR EXECUTIVE 

13 SERVICE PERFORMANCE APPRAISAL SYS14 TEMS. 

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

16 amended— 

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

18 than 30 calendar days’’; and 

19 (2) by inserting ‘‘in writing’’ after ‘‘commu20 nicated’’. 

21 SEC. 6. AMENDMENTS WITH RESPECT TO ADVERSE AC22 TIONS AGAINST CAREER APPOINTEES. 

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

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1 tion 7501 of title 5, United States Code, is amended to 

2 read as follows: 

3 ‘‘(1) ‘employee’ means— 

4 ‘‘(A) an individual in the competitive serv5 ice who is not serving a probationary period or 

6 trial period under an initial appointment or who 

7 has completed 1 year of current continuous em8 ployment in the same or similar positions under 

9 other than a temporary appointment limited to 

10 1 year or less; or 

11 ‘‘(B) a career appointee in the Senior Ex12 ecutive Service who— 

13 ‘‘(i) has completed the probationary 

14 period prescribed under section 3393(d); or 

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

16 subchapter II of this chapter immediately 

17 before appointment to the Senior Executive 

18 Service; and’’. 

19 (b) MODIFICATION OF CAUSE AND PROCEDURE FOR

20 SUSPENSION AND TERMINATION.— 

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

22 United States Code, is amended— 

23 (A) in subsection (a), by striking ‘‘mis24 conduct,’’ and inserting ‘‘such cause as would 


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1 promote the efficiency of the service, mis2 conduct,’’; and 

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

4 and inserting ‘‘15’’. 

5 (2) CONFORMING AMENDMENTS.—Subchapter 

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

7 amended— 

8 (A) in section 3593— 

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

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

11 as would promote the efficiency of the 

12 service, misconduct,’’; and 

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

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

15 as would promote the efficiency of the 

16 service, misconduct,’’; and 

17 (B) in section 3594(a), by striking ‘‘mis18 conduct,’’ and inserting ‘‘such cause as would 

19 promote the efficiency of the service, mis20 conduct,’’. 

21 SEC. 7. MANDATORY LEAVE FOR CAREER APPOINTEES 

22 SUBJECT TO REMOVAL. 

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

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

25 end the following: 


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1 ‘‘§ 6330. Mandatory leave for Senior Executive Serv2 ice career appointees subject to removal 

3 ‘‘(a) In this section— 

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

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

6 received written notice of removal from the civil 

7 service under subchapter V of chapter 75; and 

8 ‘‘(2) the term ‘mandatory leave’ means, with re9 spect to an employee, an absence with pay but with10 out duty during which such employee— 

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

12 for the period of such absence; and 

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

14 under section 6303 for the period of such ab15 sence. 

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

17 Personnel Management, an agency may place an employee 

18 on mandatory leave for misconduct, neglect of duty, mal19 feasance, or such cause as would promote the efficiency 

20 of the service. 

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

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

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

24 employee received written notice of a removal under sub25 chapter V of chapter 75. 


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

2 of such employee with respect to removal under sub3 chapter V of chapter 75 by the agency, the Merit Systems 

4 Protection Board, or the United States Court of Appeals 

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

6 to an employee by operation of this section shall be re7 stored to the applicable leave account of such employee.’’. 

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

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

10 by adding after the item relating to section 6328 the fol11 lowing new item: 

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

to removal.’’. 

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

13 the date of enactment of this Act, the Director of the Of14 fice of Personnel Management shall prescribe regulations 

15 with respect to the leave provided by the amendment in 

16 subsection (a). 

17 SEC. 8. EXPEDITED REMOVAL OF CAREER APPOINTEES 

18 FOR PERFORMANCE OR MISCONDUCT. 

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

20 States Code, is amended by adding at the end the fol21 lowing: 


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1 ‘‘SUBCHAPTER VI—SENIOR EXECUTIVE 

2 SERVICE: EXPEDITED REMOVAL 

3 ‘‘§ 7551. Definitions 

4 ‘‘In this subchapter— 

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

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

7 any career appointee in the Senior Executive Service 

8 within the Department of Veterans Affairs; and 

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

10 duty, malfeasance, or failure to accept a directed re11 assignment or to accompany a position in a transfer 

12 of function. 

13 ‘‘§ 7552. Actions covered 

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

15 service or a transfer from the Senior Executive Service, 

16 but does not apply to an action initiated under section 

17 1215, to a removal under section 3592 or 3595, to a sus18 pension under section 7503, to a suspension or removal 

19 under section 7532, to a suspension or removal under sec20 tion 7542, or to a suspension or removal under section 

21 713 of title 38. 

22 ‘‘§ 7553. Cause and procedure 

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

24 Personnel Management, the head of an agency may re25 move an employee of the agency from the Senior Executive 


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1 Service if the head determines that the performance or 

2 misconduct of the individual warrants such removal. If the 

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

4 ‘‘(A) remove the individual from the civil serv5 ice; or 

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

7 paragraph (2), transfer the employee from the Sen8 ior Executive Service to a General Schedule position 

9 at any grade of the General Schedule for which the 

10 employee is qualified and that the head determines 

11 is appropriate. 

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

13 individual who— 

14 ‘‘(A) previously occupied a permanent position 

15 within the competitive service; 

16 ‘‘(B) previously occupied a permanent position 

17 within the excepted service; or 

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

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

20 Federal Government. 

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

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

23 notice. 

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

25 including section 3594, any employee transferred to a 


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

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

3 annual rate of pay applicable to such position. 

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

5 on administrative leave or any other category of paid leave 

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

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

8 individual reports for duty. If an employee so transferred 

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

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

11 ‘‘(c) Not later than 30 days after removing or trans12 ferring an employee under subsection (a), the applicable 

13 head of the agency shall submit to Congress notice in writ14 ing of such removal or transfer and the reason for such 

15 removal or transfer. 

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

17 to remove or transfer an employee under this section. 

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

19 employee may appeal a removal or transfer under sub20 section (a) to the Merit Systems Protection Board under 

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

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

23 ‘‘§ 7554. Expedited review of appeal 

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

25 7553(d), the Merit Systems Protection Board shall refer 


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1 such appeal to an administrative judge pursuant to section 

2 7701(b)(1). The administrative judge shall— 

3 ‘‘(1) expedite any such appeal under such sec4 tion; and 

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

6 than 21 days after the date of the appeal. 

7 ‘‘(b) Notwithstanding any other provision of law, in8 cluding section 7703, the decision of an administrative 

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

10 subject to any further appeal. 

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

12 cannot issue a decision in accordance with the 21-day re13 quirement under subsection (a)(2), the removal or transfer 

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

15 Board shall, within 14 days after the date that such re16 moval or transfer is final, submit to Congress a report 

17 that explains the reasons why a decision was not issued 

18 in accordance with such requirement. 

19 ‘‘(d) The Merit Systems Protection Board or admin20 istrative judge may not stay any removal or transfer under 

21 this section. 

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

23 which an employee appeals a removal from the civil service 

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

25 administrative judge issues a final decision on such appeal, 


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

2 incentives, allowances, differentials, student loan repay3 ments, special payments, or benefits.’’. 

4 (b) APPLICATION.— 

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

6 of title 5, United States Code, as added by sub7 section (a), shall not apply to any personnel action 

8 against a career appointee (as that term is defined 

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

10 that was commenced before the date of enactment of 

11 this Act. 

12 (2) RELATION TO OTHER AUTHORITIES.—The 

13 authority provided by such subchapter is in addition 

14 to the authority provided under section 3592 or sub15 chapter V of chapter 75 of title 5, United States 

16 Code. 

17 (c) TECHNICAL AMENDMENTS.— 

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

19 amended— 

20 (A) in section 3592(b)(2)— 

21 (i) by striking ‘‘or’’ at the end of sub22 paragraph (A); 

23 (ii) by striking the period at the end 

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

25 and 


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1 (iii) by adding at the end the fol2 lowing: 

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

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

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

6 7543 of this title’’ and inserting ‘‘, 7543, or 

7 7553 of this title or section 713 of title 38’’; 

8 and 

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

10 removal under section 3592 or 3595 of this 

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

12 3592 or 3595 of this title, to a suspension 

13 under section 7503, to a removal or transfer 

14 under section 7553, or a removal or transfer 

15 under section 713 of title 38’’. 

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

17 United States Code, is amended by striking ‘‘or sub18 chapter V’’ and inserting ‘‘, chapter 43, or sub19 chapters V and VI’’. 

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

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

22 Code, is amended by adding after the item relating to sec23 tion 7543 the following: 

‘‘SUBCHAPTER VI—SENIOR EXECUTIVE SERVICE: EXPEDITED REMOVAL

‘‘7551. Definitions. 

‘‘7552. Actions covered. 


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‘‘7553. Cause and procedure. 

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

1 SEC. 9. MANDATORY REASSIGNMENT OF CAREER AP2 POINTEES. 

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

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘(3)(A) Consistent with the requirements of para7 graphs (1) and (2), at least once every five years beginning 

8 on the date that a career appointee is initially appointed 

9 to the Senior Executive Service, each career appointee at 

10 an agency shall be reassigned to another Senior Executive 

11 Service position at the agency at a different geographic 

12 location that does not include the supervision of the same 

13 agency personnel or programs. 

14 ‘‘(B) The head of an agency may waive the require15 ment under subparagraph (A) for any career appointee if 

16 the head submits notice of the waiver and an explanation 

17 of the reasons for the waiver to the Committee on Over18 sight and Government Reform of the House of Represent19 atives and the Committee on Homeland Security and Gov20 ernmental Affairs of the Senate.’’. 

21 (b) CONFORMING AMENDMENT.—Section 

22 3395(a)(1)(A) of title 5, United States Code, is amended 

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

24 (2) and (3)’’. 


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

2 this section shall take effect 90 days after the date of en3 actment of this Act. 

Æ 


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