I 

113TH CONGRESS 

2D SESSION H. R. 5169 

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 

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 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 


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

2 agency mission,’’. 

3 SEC. 3. EXTENSION OF PROBATIONARY PERIOD. 

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

5 States Code, is amended by striking ‘‘1-year’’ and insert6 ing ‘‘2-year’’. 

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

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

9 ‘‘2-year’’. 

10 SEC. 4. MODIFICATION OF PAY RETENTION FOR SENIOR 

11 EXECUTIVE SERVICE MEMBERS REMOVED 

12 FOR UNDER PERFORMANCE. 

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

14 is amended to read as follows: 

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

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

17 entitled to receive basic pay at the highest of— 

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

19 the position in which placed; 

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

21 the time of the placement for the position 

22 the career appointee held in the civil serv23 ice immediately before being appointed to 

24 the Senior Executive Service; or 


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

2 for the career appointee immediately before 

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

4 this section; and 

5 ‘‘(ii) any career appointee placed under 

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

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

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

9 SEC. 5. REQUIREMENT THAT PERFORMANCE REQUIRE10 MENTS BE ESTABLISHED IN ADVANCE. 

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

12 amended— 

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

14 than 30 calendar days’’; and 

15 (2) by inserting ‘‘in writing’’ after ‘‘commu16 nicated’’. 

17 SEC. 6. AMENDMENTS TO ADVERSE ACTION PROVISIONS 

18 WITH RESPECT TO CAREER APPOINTEES IN 

19 THE SENIOR EXECUTIVE SERVICE. 

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

21 EXECUTIVE SERVICE EMPLOYEE.—Paragraph (1) of Sec22 tion 7501 of title 5, United States Code, is amended to 

23 read as follows: 

24 ‘‘(1) ‘employee’ means— 


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1 ‘‘(A) an individual in the competitive serv2 ice who is not serving a probationary period or 

3 trial period under an initial appointment or who 

4 has completed 1 year of current continuous em5 ployment in the same or similar positions under 

6 other than a temporary appointment limited to 

7 1 year or less; or 

8 ‘‘(B) a career appointee in the Senior Ex9 ecutive Service who— 

10 ‘‘(i) has completed the probationary 

11 period prescribed under section 3393(d); or 

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

13 subchapter II of this chapter immediately 

14 before appointment to the Senior Executive 

15 Service; and’’. 

16 (b) MODIFICATION OF CAUSE AND PROCEDURE FOR

17 SUSPENSION AND TERMINATION.— 

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

19 United States Code, is amended— 

20 (A) in subsection (a), by striking ‘‘mis21 conduct,’’ and inserting ‘‘such cause as would 

22 promote the efficiency of the service, mis23 conduct,’’; and 

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

25 and inserting ‘‘15’’. 


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1 (2) CONFORMING AMENDMENTS.—Subchapter 

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

3 amended— 

4 (A) in section 3593— 

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

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

7 as would promote the efficiency of the 

8 service, misconduct,’’; and 

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

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

11 as would promote the efficiency of the 

12 service, misconduct,’’; and 

13 (B) in section 3594(a), by striking ‘‘mis14 conduct,’’ and inserting ‘‘such cause as would 

15 promote the efficiency of the service, mis16 conduct,’’. 

17 SEC. 7. MANDATORY LEAVE FOR CAREER APPOINTEES IN 

18 THE SENIOR EXECUTIVE SERVICE. 

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

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

21 end the following: 

22 ‘‘§ 6329. Mandatory leave for Senior Executive Serv23 ice career appointees 

24 ‘‘(a) In this section— 

25 ‘‘(1) the term ‘employee’ means— 


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1 ‘‘(A) a career appointee in the Senior Ex2 ecutive Service who— 

3 ‘‘(i) has completed the probationary 

4 period prescribed under section 3393(d) of 

5 this title; or 

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

7 subchapter II of chapter 75 of this title 

8 immediately before appointment to the 

9 Senior Executive Service; and 

10 ‘‘(B) who has received written notice of re11 moval from the civil service under subchapter V 

12 of chapter 75 of this title; and 

13 ‘‘(2) the term ‘mandatory leave’ means, with re14 spect to an employee, an absence with pay but with15 out duty during which such employee— 

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

17 for the period of such absence; and 

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

19 under section 6303 for the period of such ab20 sence. 

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

22 Personnel Management, an agency may place an employee 

23 on mandatory leave for misconduct, neglect of duty, mal24 feasance, or such cause as would promote the efficiency 

25 of the service. 


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

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

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

4 employee received written notice of a removal under sub5 chapter V of chapter 75. 

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

7 of such employee with respect to removal under sub8 chapter V of chapter 75 by the agency, the Merit Systems 

9 Protection Board, or the United States Court of Appeals 

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

11 to an employee by operation of this section shall be re12 stored to the applicable leave account of such employee.’’. 

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

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

15 by adding after the item relating to section 6328 the fol16 lowing new item: 

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

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

18 the date of enactment of this Act, the Director of the Of19 fice of Personnel Management shall prescribe regulations 

20 with respect to the leave provided by the amendment in 

21 subsection (a). 

Æ 


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