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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5169 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Senior Executive Service 
Accountability Act''.

SEC. 2. BIENNIAL JUSTIFICATION OF POSITIONS.

    Section 3133(a)(2) of title 5, United States Code, is amended by 
inserting after ``positions'' the following: ``, with a justification 
for each position (by title and organizational location) and the 
specific result expected from each position, including the impact of 
such result on the agency mission,''.

SEC. 3. EXTENSION OF PROBATIONARY PERIOD.

    (a) In General.--Section 3393(d) of title 5, United States Code, is 
amended by striking ``1-year'' and inserting ``2-year''.
    (b) Conforming Amendment.--Section 3592(a)(1) of such title is 
amended by striking ``1-year'' and inserting ``2-year''.

SEC. 4. MODIFICATION OF PAY RETENTION FOR SENIOR EXECUTIVE SERVICE 
              MEMBERS REMOVED FOR UNDER PERFORMANCE.

    Section 3594(c)(1)(B) of title 5, United States Code, is amended to 
read as follows:
                    ``(B)(i) any career appointee placed under 
                subsection (a) or (b)(2) of this section shall be 
                entitled to receive basic pay at the highest of--
                            ``(I) the rate of basic pay in effect for 
                        the position in which placed;
                            ``(II) the rate of basic pay in effect at 
                        the time of the placement for the position the 
                        career appointee held in the civil service 
                        immediately before being appointed to the 
                        Senior Executive Service; or
                            ``(III) the rate of basic pay in effect for 
                        the career appointee immediately before being 
                        placed under subsection (a) or (b) of this 
                        section; and
                    ``(ii) any career appointee placed under subsection 
                (b)(1) of this section shall be entitled to receive 
                basic pay at the rate of basic pay in effect for the 
                position in which placed; and''.

SEC. 5. REQUIREMENT THAT PERFORMANCE REQUIREMENTS BE ESTABLISHED IN 
              ADVANCE.

    Section 4312(b)(1) of title 5, United States Code, is amended--
            (1) by striking ``on or'' and inserting ``not later than 30 
        calendar days''; and
            (2) by inserting ``in writing'' after ``communicated''.

SEC. 6. AMENDMENTS TO ADVERSE ACTION PROVISIONS WITH RESPECT TO CAREER 
              APPOINTEES IN THE SENIOR EXECUTIVE SERVICE.

    (a) Suspension for 14 Days or Less for Senior Executive Service 
Employee.--Paragraph (1) of Section 7501 of title 5, United States 
Code, is amended to read as follows:
            ``(1) `employee' means--
                    ``(A) an individual in the competitive service who 
                is not serving a probationary period or trial period 
                under an initial appointment or who has completed 1 
                year of current continuous employment in the same or 
                similar positions under other than a temporary 
                appointment limited to 1 year or less; or
                    ``(B) a career appointee in the Senior Executive 
                Service who--
                            ``(i) has completed the probationary period 
                        prescribed under section 3393(d); or
                            ``(ii) was covered by the provisions of 
                        subchapter II of this chapter immediately 
                        before appointment to the Senior Executive 
                        Service; and''.
    (b) Modification of Cause and Procedure for Suspension and 
Termination.--
            (1) In general.--Section 7543 of title 5, United States 
        Code, is amended--
                    (A) in subsection (a), by striking ``misconduct,'' 
                and inserting ``such cause as would promote the 
                efficiency of the service, misconduct,''; and
                    (B) in subsection (b)(1), by striking ``30'' and 
                inserting ``15''.
            (2) Conforming amendments.--Subchapter V of chapter 35 of 
        title 5, United States Code, is amended--
                    (A) in section 3593--
                            (i) in subsection (a)(2), by striking 
                        ``misconduct,'' and inserting ``such cause as 
                        would promote the efficiency of the service, 
                        misconduct,''; and
                            (ii) in subsection (b), by striking 
                        ``misconduct,'' and inserting ``such cause as 
                        would promote the efficiency of the service, 
                        misconduct,''; and
                    (B) in section 3594(a), by striking ``misconduct,'' 
                and inserting ``such cause as would promote the 
                efficiency of the service, misconduct,''.

SEC. 7. MANDATORY LEAVE FOR CAREER APPOINTEES IN THE SENIOR EXECUTIVE 
              SERVICE.

    (a) In General.--Subchapter II of chapter 63 of title 5, United 
States Code, is amended by adding at the end the following:
``Sec. 6329. Mandatory leave for Senior Executive Service career 
              appointees
    ``(a) In this section--
            ``(1) the term `employee' means--
                    ``(A) a career appointee in the Senior Executive 
                Service who--
                            ``(i) has completed the probationary period 
                        prescribed under section 3393(d) of this title; 
                        or
                            ``(ii) was covered by the provisions of 
                        subchapter II of chapter 75 of this title 
                        immediately before appointment to the Senior 
                        Executive Service; and
                    ``(B) who has received written notice of removal 
                from the civil service under subchapter V of chapter 75 
                of this title; and
            ``(2) the term `mandatory leave' means, with respect to an 
        employee, an absence with pay but without duty during which 
        such employee--
                    ``(A) shall be charged accrued annual leave for the 
                period of such absence; and
                    ``(B) may not accrue any annual leave under section 
                6303 for the period of such absence.
    ``(b) Under regulations prescribed by the Office of Personnel 
Management, an agency may place an employee on mandatory leave for 
misconduct, neglect of duty, malfeasance, or such cause as would 
promote the efficiency of the service.
    ``(c) If an agency determines that an employee should be placed on 
mandatory leave under subsection (b), such leave shall begin no earlier 
than the date on which the employee received written notice of a 
removal under subchapter V of chapter 75.
    ``(d) If a final order or decision is issued in favor of such 
employee with respect to removal under subchapter V of chapter 75 by 
the agency, the Merit Systems Protection Board, or the United States 
Court of Appeals for the Federal Circuit, any annual leave that is 
charged to an employee by operation of this section shall be restored 
to the applicable leave account of such employee.''.
    (b) Clerical Amendment.--The table of sections of chapter 63 of 
title 5, United States Code, is amended by adding after the item 
relating to section 6328 the following new item:

``6329. Mandatory leave for Senior Executive Service career 
                            appointees.''.
    (c) Regulations.--Not later than 6 months after the date of 
enactment of this Act, the Director of the Office of Personnel 
Management shall prescribe regulations with respect to the leave 
provided by the amendment in subsection (a).
                                 <all>
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