I 

108TH CONGRESS 

1ST SESSION H. R. 1602

To provide for reform of the Senior Executive Service, adjustment in the 

rates of pay of certain positions, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 3, 2003

Mrs. JO ANN DAVIS of Virginia introduced the following bill; which was 

referred to the Committee on Government Reform 

A BILL

To provide for reform of the Senior Executive Service, adjustment in the rates of pay of certain positions, 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; REFERENCES; TABLE OF CON4 TENTS. 

5 (a) SHORT TITLE.—This Act may be cited as the 

6 ‘‘Senior Executive Service Reform Act of 2003’’. 

7 (b) REFERENCES.—Except as otherwise expressly 

8 provided, whenever in this title an amendment is expressed 

9 in terms of an amendment to a section or other provision, 
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1 the reference shall be considered to be made to a section 

2 or other provision of title 5, United States Code. 

3 (c) TABLE OF CONTENTS.—The table of contents for 

4 this Act is as follows:

Sec. 1. Short title; references; table of contents. 

Sec. 2. Amendments relating to basic pay. 

Sec. 3. Locality pay adjustment limitation. 

Sec. 4. Annual leave enhancements. 

Sec. 5. Expanded Senior Executive Service limited appointment authority. 

Sec. 6. Effective date.

5 SEC. 2. AMENDMENTS RELATING TO BASIC PAY. 

6 (a) BASIC PAY FOR SENIOR EXECUTIVE SERVICE

7 POSITIONS.—

8 (1) PAY RANGE.—Section 5382 is amended to 

9 read as follows: 

10 ‘‘§ 5382. Range in rates of pay for the senior execu11 tive service 

12 ‘‘Each senior executive is entitled to basic pay at the 

13 rate determined for such senior executive under section 

14 5383, except that no rate so determined may be—

15 ‘‘(1) greater than the rate of basic pay for level 

16 III of the Executive Schedule, or 

17 ‘‘(2) less than the minimum rate of basic pay 

18 payable under section 5376.’’. 

19 (2) SETTING INDIVIDUAL RATES.—Subsection 

20 (a) of section 5383 is amended to read as follows: 

21 ‘‘(a)(1) Subject to section 5382, each appointing au22 thority shall determine the rate of basic pay which shall 
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1 be paid to each senior executive under such appointing au2 thority. 

3 ‘‘(2) A determination under this subsection shall, 

4 with respect to any senior executive, be made based on 

5 such senior executive’s experience and capabilities, the re6 sponsibilities of the position such senior executive holds, 

7 and such other criteria as the Office of Personnel Manage8 ment may by regulation prescribe.’’. 

9 (3) LIMITATION ON ADJUSTMENTS.—Sub10 section (c) of section 5383 is amended by striking 

11 ‘‘Except’’ and all that follows through ‘‘title,’’ and 

12 inserting ‘‘Except as otherwise provided in regula13 tions under section 5385,’’. 

14 (b) BASIC PAY FOR OTHER POSITIONS.—Sections 

15 5372(b)(1)(C), 5372a(b)(1), and 5376(b)(1)(B) are 

16 amended by striking ‘‘level IV’’ each place it appears and 

17 inserting ‘‘level III’’. 

18 (c) COORDINATION PROVISIONS.—

19 (1) IN GENERAL.—For purposes of determining 

20 the rate of compensation for any position described 

21 in paragraph (2), the President may, after the effec22 tive date set forth in section 6, continue to adjust 

23 rates of basic pay for the Senior Executive Service 

24 to the same extent and in the same manner as if the 
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1 amendments made by this section had not been en2 acted. 

3 (2) APPLICABILITY.—This subsection applies 

4 with respect to any position the rate of compensa5 tion for which is set, by or under any provision of 

6 law enacted before the effective date set forth in sec7 tion 6, by reference to a level or rate of pay for the 

8 Senior Executive Service. 

9 (3) SPECIAL RULES.—The following special 

10 rules shall apply for purposes of carrying out this 

11 subsection: 

12 (A) Section 5382(b) of title 5, United 

13 States Code, as last in effect before the effec14 tive date specified in section 6, shall be deemed 

15 to have been amended by striking ‘‘level IV’’ 

16 and inserting ‘‘level III’’. 

17 (B)(i) Notwithstanding any other provision 

18 of law, after the effective date specified in sec19 tion 6, the President may, on his own initiative, 

20 provide for such comparability payments for the 

21 Senior Executive Service as he considers nec22 essary in order to carry out the purposes de23 scribed in paragraph (1). 

24 (ii) For purposes of this subparagraph, 

25 section 5304(g)(2) of such title 5 shall, to the 
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1 extent that it relates to the Senior Executive 

2 Service, be deemed to have been amended by 

3 striking ‘‘level III’’ and inserting ‘‘level II’’. 

4 (4) LIMITED EFFECT.—Any adjusted rates of 

5 pay and any comparability payments fixed for the 

6 Senior Executive Service under this subsection shall 

7 not have any force or effect except as provided in 

8 paragraph (1) or (3)(B). 

9 (d) TECHNICAL AND CONFORMING AMENDMENTS.—

10 (1) LIMITATIONS ON PAY FIXED BY ADMINIS11 TRATIVE ACTION.—

12 (A) SECTION 5306.—Section 5306(d) is 

13 amended by striking the period and inserting ‘‘, 

14 including under section 5372, 5376, or 5383.’’. 

15 (B) SECTION 5373.—Section 5373(a) is 

16 amended—

17 (i) by striking ‘‘or’’ at the end of 

18 paragraph (3); 

19 (ii) by striking paragraph (4) and in20 serting the following:

21 ‘‘(4) section 4802, 5372, 5376, or 5383; or’’; 

22 and 

23 (iii) by redesignating the second para24 graph (4) (as added by section 10702(c)(3) 
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1 of Public Law 107–171 (116 Stat. 517)) 

2 as paragraph (5). 

3 (2) REFERENCES TO SECTION 5382.—

4 (A) The analysis for chapter 53 is amend5 ed by striking the item relating to section 5382 

6 and inserting the following:

‘‘5382. Range in rates of pay for the senior executive service.’’.

7 (B) Section 3161(d)(2) is amended by 

8 striking ‘‘established’’ and inserting ‘‘allow9 able’’. 

10 (C) Sections 4507(e)(1) and 5384(a)(2) 

11 are each amended by striking ‘‘5382’’ and in12 serting ‘‘5383’’. 

13 SEC. 3. LOCALITY PAY ADJUSTMENT LIMITATION. 

14 Paragraph (2) of section 5304(g) is amended to read 

15 as follows: 

16 ‘‘(2) The applicable maximum under this subsection 

17 shall—

18 ‘‘(A) for any positions under subparagraphs 

19 (A)–(E) of subsection (h)(1), be level II of the Exec20 utive Schedule; and 

21 ‘‘(B) for any positions under subsection 

22 (h)(1)(F) which the President may determine, be 

23 level III of the Executive Schedule.’’. 
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1 SEC. 4. ANNUAL LEAVE ENHANCEMENTS. 

2 (a) IN GENERAL.—Section 6303 is amended by add3 ing at the end the following: 

4 ‘‘(e)(1) Notwithstanding any provision of subsection 

5 (a), the rate of accrual of annual leave in the case of an 

6 employee under paragraph (2) is one day for each full bi7 weekly pay period. 

8 ‘‘(2) This subsection applies to an employee in a posi9 tion paid under section 5376 or 5383, or for an employee 

10 in an equivalent category of positions (as determined 

11 under regulations of the Office of Personnel Management) 

12 for which the minimum rate of basic pay is not less than 

13 120 percent of the minimum rate of basic pay payable for 

14 GS–15 of the General Schedule.’’. 

15 (b) APPLICABILITY.—The amendment made by sub16 section (a) shall apply with respect to pay periods begin17 ning on or after the effective date set forth in section 6. 

18 SEC. 5. EXPANDED SENIOR EXECUTIVE SERVICE LIMITED 

19 APPOINTMENT AUTHORITY. 

20 (a) DEFINITIONS.—Section 3132(a) is amended—

21 (1) by striking paragraphs (5) and (6), and in22 serting the following: 

23 ‘‘(5) ‘limited term appointee’ means an indi24 vidual appointed under a nonrenewable appointment 

25 to a Senior Executive Service position for a term 

26 fixed in accordance with section 3394(d) and the du-
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1 ties of which position will expire at the end of such 

2 term; 

3 ‘‘(6) ‘limited emergency appointee’ means an in4 dividual appointed under a nonrenewable appoint5 ment to a Senior Executive Service position, estab6 lished to meet a bona fide, unanticipated, urgent 

7 need, for a term fixed in accordance with section 

8 3394(c);’’; and 

9 (2) by striking paragraph (8) and inserting the 

10 following: 

11 ‘‘(8) ‘career reserved position’ means a position 

12 which is designated under subsection (b) and which 

13 may be filled either by—

14 ‘‘(A) a career appointee; 

15 ‘‘(B) a limited term appointee or limited 

16 emergency appointee who—

17 ‘‘(i) is appointed to such position 

18 under section 3394; and 

19 ‘‘(ii) immediately before entering such 

20 position, was serving under a career or ca21 reer-conditional appointment outside the 

22 Senior Executive Service (or an appoint23 ment of equivalent tenure, as determined 

24 by the Office); or 
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1 ‘‘(C) a limited term appointee or limited 

2 emergency appointee who is reassigned to such 

3 position under section 3395(b); and’’. 

4 (b) DURATION OF LIMITED APPOINTMENTS.—Sec5 tion 3394 is amended by adding at the end the following: 

6 ‘‘(c)(1) A limited emergency appointee may be ap7 pointed for a period of not to exceed 1 year. 

8 ‘‘(2) If the exigencies of the public business so re9 quire, such appointment may be extended for not to exceed 

10 1 year. 

11 ‘‘(3) The authorities under paragraphs (1) and (2) 

12 shall be available subject to section 3395(c). 

13 ‘‘(d)(1) A limited term appointee may be appointed 

14 for a period of not to exceed 4 years. 

15 ‘‘(2) If the exigencies of the public business so re16 quire, such appointment may be extended for not to exceed 

17 2 years. 

18 ‘‘(3) The authorities under paragraphs (1) and (2) 

19 shall be available subject to section 3395(c).’’. 

20 (c) REASSIGNMENT WITHIN THE SENIOR EXECUTIVE

21 SERVICE.—

22 (1) IN GENERAL.—Subsection (b) of section 

23 3395 is amended to read as follows: 

24 ‘‘(b)(1)(A) Notwithstanding section 3394(b), a lim25 ited emergency appointee may be reassigned to another 
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1 Senior Executive Service position in the same agency es2 tablished to meet a bona fide, unanticipated, urgent need, 

3 except that the appointee may not serve in 1 or more posi4 tions in such agency under such appointment in excess 

5 of the term allowable under section 3394(c) (1) and (2). 

6 ‘‘(B) An individual may not be reassigned under this 

7 paragraph to a career reserved position without the prior 

8 approval of the exercise of that reassignment authority by 

9 the Office of Personnel Management. 

10 ‘‘(2)(A) Notwithstanding section 3394(b), a limited 

11 term appointee may be reassigned to another Senior Exec12 utive Service position in the same agency the duties of 

13 which will expire at the end of that individual’s term, ex14 cept that the appointee may not serve in 1 or more posi15 tions in the agency under such appointment in excess of 

16 the term allowable under section 3394(d) (1) and (2). 

17 ‘‘(B) An individual may not be reassigned under this 

18 paragraph to a career reserved position without the prior 

19 approval of the exercise of that reassignment authority by 

20 the Office of Personnel Management.’’.

21 (2) LIMITATION ON AGGREGATE SERVICE.—

22 Section 3395(c) is amended—

23 (A) by striking ‘‘48 months’’ and inserting 

24 ‘‘10 years’’; and 
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1 (B) by striking ‘‘36 months’’ and inserting 

2 ‘‘7 years’’. 

3 (d) REEMPLOYMENT RIGHTS FOR CERTAIN AP4 POINTEES IN THE SENIOR EXECUTIVE SERVICE.—

5 (1) IN GENERAL.—Section 3594 is amended by 

6 redesignating subsection (c) as subsection (d) and by 

7 inserting after subsection (b) the following: 

8 ‘‘(c) A limited emergency appointee or limited term 

9 appointee who was appointed from a civil service position 

10 held under a career or career-conditional appointment (or 

11 an appointment of equivalent tenure, as determined by the 

12 Office) and who, for reasons other than misconduct, ne13 glect of duty, or malfeasance, is removed from the Senior 

14 Executive Service shall be entitled to be placed in a civil 

15 service position (other than a Senior Executive Service po16 sition) in any agency.’’. 

17 (2) CONFORMING AMENDMENTS.—Section 

18 3594(d) (as so redesignated by paragraph (1)) is 

19 amended—

20 (A) by striking ‘‘subsections (a) and (b)’’ 

21 and inserting ‘‘subsections (a), (b), and (c)’’; 

22 and 

23 (B) by adding at the end the following: 

24 ‘‘(3) A limited emergency appointee or limited term 

25 appointee described in subsection (c) shall be entitled to 
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1 the same rights under this subsection as a career ap2 pointee described in subsection (a).’’. 

3 (e) APPLICABILITY; SAVINGS PROVISION; TRANSI4 TION RULE.—

5 (1) APPLICABILITY.—The amendments made 

6 by this section shall apply with respect to appoint7 ments made on or after the effective date specified 

8 in section 6. 

9 (2) SAVINGS PROVISIONS.—Appointments made 

10 prior to the effective date specified in section 6 shall 

11 continue to be governed by provisions of title 5, 

12 United States Code, applied as if this section had 

13 not been enacted. 

14 (3) TRANSITION RULE.—

15 (A) IN GENERAL.—Service as a limited 

16 term appointee or limited emergency appointee 

17 performed before the effective date specified in 

18 section 6 shall not be taken into account for 

19 purposes of applying section 3395(c) of title 5, 

20 United States Code, as amended by this sec21 tion. 

22 (B) DEFINITIONS.—For purposes of this 

23 paragraph, the terms ‘‘limited term appointee’’ 

24 and ‘‘limited emergency appointee’’ have the 
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1 meanings set forth in section 3132(a) of such 

2 title 5, as in effect before such effective date. 

3 SEC. 6. EFFECTIVE DATE. 

4 The amendments made by this Act shall take effect 

5 90 days after the date of the enactment of this Act.

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