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Union Calendar No. 448 

113TH CONGRESS 

2D SESSION H. R. 5169 

[Report No. 113–603] 

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

the Senior Executive Service, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 23, 2014 

Mr. WALBERG (for himself and Mr. ISSA) introduced the following bill; which 

was referred to the Committee on Oversight and Government Reform 

SEPTEMBER 16, 2014 

Additional sponsor: Mr. CARTER

SEPTEMBER 16, 2014 

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 POSITIONS. 

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

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

9 with a justification for each position (by title and organi10 zational location) and the specific result expected from 

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

12 agency mission,’’. 

13 SEC. 3. EXTENSION OF PROBATIONARY PERIOD. 

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

15 States Code, is amended by striking ‘‘1-year’’ and insert16 ing ‘‘2-year’’. 

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

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

19 ‘‘2-year’’. 

20 SEC. 4. MODIFICATION OF PAY RETENTION FOR SENIOR 

21 EXECUTIVE SERVICE MEMBERS REMOVED 

22 FOR UNDER PERFORMANCE. 

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

24 is amended to read as follows: 


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

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

3 entitled to receive basic pay at the highest of— 

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

5 the position in which placed; 

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

7 the time of the placement for the position 

8 the career appointee held in the civil serv9 ice immediately before being appointed to 

10 the Senior Executive Service; or 

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

12 for the career appointee immediately before 

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

14 this section; and 

15 ‘‘(ii) any career appointee placed under 

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

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

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

19 SEC. 5. REQUIREMENT THAT PERFORMANCE REQUIRE20 MENTS BE ESTABLISHED IN ADVANCE. 

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

22 amended— 

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

24 than 30 calendar days’’; and 


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1 (2) by inserting ‘‘in writing’’ after ‘‘commu2 nicated’’. 

3 SEC. 6. AMENDMENTS TO ADVERSE ACTION PROVISIONS 

4 WITH RESPECT TO CAREER APPOINTEES IN 

5 THE SENIOR EXECUTIVE SERVICE. 

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

7 EXECUTIVE SERVICE EMPLOYEE.—Paragraph (1) of Sec8 tion 7501 of title 5, United States Code, is amended to 

9 read as follows: 

10 ‘‘(1) ‘employee’ means— 

11 ‘‘(A) an individual in the competitive serv12 ice who is not serving a probationary period or 

13 trial period under an initial appointment or who 

14 has completed 1 year of current continuous em15 ployment in the same or similar positions under 

16 other than a temporary appointment limited to 

17 1 year or less; or 

18 ‘‘(B) a career appointee in the Senior Ex19 ecutive Service who— 

20 ‘‘(i) has completed the probationary 

21 period prescribed under section 3393(d); or 

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

23 subchapter II of this chapter immediately 

24 before appointment to the Senior Executive 

25 Service; and’’. 


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1 (b) MODIFICATION OF CAUSE AND PROCEDURE FOR

2 SUSPENSION AND TERMINATION.— 

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

4 United States Code, is amended— 

5 (A) in subsection (a), by striking ‘‘mis6 conduct,’’ and inserting ‘‘such cause as would 

7 promote the efficiency of the service, mis8 conduct,’’; and 

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

10 and inserting ‘‘15’’. 

11 (2) CONFORMING AMENDMENTS.—Subchapter 

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

13 amended— 

14 (A) in section 3593— 

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

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

17 as would promote the efficiency of the 

18 service, misconduct,’’; and 

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

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

21 as would promote the efficiency of the 

22 service, misconduct,’’; and 

23 (B) in section 3594(a), by striking ‘‘mis24 conduct,’’ and inserting ‘‘such cause as would 


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1 promote the efficiency of the service, mis2 conduct,’’. 

3 SEC. 7. MANDATORY LEAVE FOR CAREER APPOINTEES IN 

4 THE SENIOR EXECUTIVE SERVICE. 

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

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

7 end the following: 

8 ‘‘§ 6329. Mandatory leave for Senior Executive Serv9 ice career appointees 

10 ‘‘(a) In this section— 

11 ‘‘(1) the term ‘employee’ means— 

12 ‘‘(A) a career appointee in the Senior Ex13 ecutive Service who— 

14 ‘‘(i) has completed the probationary 

15 period prescribed under section 3393(d) of 

16 this title; or 

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

18 subchapter II of chapter 75 of this title 

19 immediately before appointment to the 

20 Senior Executive Service; and 

21 ‘‘(B) who has received written notice of re22 moval from the civil service under subchapter V 

23 of chapter 75 of this title; and 


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1 ‘‘(2) the term ‘mandatory leave’ means, with re2 spect to an employee, an absence with pay but with3 out duty during which such employee— 

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

5 for the period of such absence; and 

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

7 under section 6303 for the period of such ab8 sence. 

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

10 Personnel Management, an agency may place an employee 

11 on mandatory leave for misconduct, neglect of duty, mal12 feasance, or such cause as would promote the efficiency 

13 of the service. 

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

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

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

17 employee received written notice of a removal under sub18 chapter V of chapter 75. 

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

20 of such employee with respect to removal under sub21 chapter V of chapter 75 by the agency, the Merit Systems 

22 Protection Board, or the United States Court of Appeals 

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

24 to an employee by operation of this section shall be re25 stored to the applicable leave account of such employee.’’. 


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

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

3 by adding after the item relating to section 6328 the fol4 lowing new item: 

‘‘6329. Mandatory leave for Senior Executive Service career appointees.’’. 

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

6 the date of enactment of this Act, the Director of the Of7 fice of Personnel Management shall prescribe regulations 

8 with respect to the leave provided by the amendment in 

9 subsection (a). 


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Union Calendar No. 448 

113TH CONGRESS 

2D SESSION H. R. 5169 

[Report No. 113–603] 

A BILL 

To amend title 5, United States Code, to enhance 

ice, and for other purposes. accountability within the Senior Executive ServSEPTEMBER 16, 2014 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


tkelley on DSK3SPTVN1PROD with BILLS