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 account-
ability within the Senior Executive Service, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Senior Executive Serv-
ice Accountability Act’’. 
SEC. 2. BIENNIAL JUSTIFICATION OF SENIOR EXECUTIVE 
SERVICE 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 organi-
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zational 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 FOR CA-
REER APPOINTEES. 
(a) IN GENERAL.—Section 3393(d) of title 5, United 
States Code, is amended by striking ‘‘1-year’’ and insert-
ing ‘‘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 CAREER 
APPOINTEES REMOVED FOR UNDER PER-
FORMANCE. 
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 serv-
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ice 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. ADVANCED ESTABLISHMENT OF PERFORMANCE RE-
QUIREMENTS 
UNDER 
SENIOR 
EXECUTIVE 
SERVICE 
PERFORMANCE 
APPRAISAL 
SYS-
TEMS. 
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 ‘‘commu-
nicated’’. 
SEC. 6. AMENDMENTS WITH RESPECT TO ADVERSE AC-
TIONS AGAINST CAREER APPOINTEES. 
(a) SUSPENSION FOR 14 DAYS OR LESS FOR SENIOR 
EXECUTIVE SERVICE EMPLOYEE.—Paragraph (1) of Sec-
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tion 7501 of title 5, United States Code, is amended to 
read as follows: 
‘‘(1) ‘employee’ means— 
‘‘(A) an individual in the competitive serv-
ice who is not serving a probationary period or 
trial period under an initial appointment or who 
has completed 1 year of current continuous em-
ployment 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 Ex-
ecutive 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 ‘‘mis-
conduct,’’ and inserting ‘‘such cause as would 
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promote the efficiency of the service, mis-
conduct,’’; 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 ‘‘mis-
conduct,’’ and inserting ‘‘such cause as would 
promote the efficiency of the service, mis-
conduct,’’. 
SEC. 7. MANDATORY LEAVE FOR CAREER APPOINTEES 
SUBJECT TO REMOVAL. 
(a) IN GENERAL.—Subchapter II of chapter 63 of 
title 5, United States Code, is amended by adding at the 
end the following: 
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‘‘§ 6330. Mandatory leave for Senior Executive Serv-
ice career appointees subject to removal 
‘‘(a) In this section— 
‘‘(1) the term ‘employee’ means an employee 
(as that term is defined in section 7541(1)) who has 
received written notice of removal from the civil 
service under subchapter V of chapter 75; and 
‘‘(2) the term ‘mandatory leave’ means, with re-
spect to an employee, an absence with pay but with-
out 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 ab-
sence. 
‘‘(b) Under regulations prescribed by the Office of 
Personnel Management, an agency may place an employee 
on mandatory leave for misconduct, neglect of duty, mal-
feasance, 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 sub-
chapter V of chapter 75. 
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‘‘(d) If a final order or decision is issued in favor 
of such employee with respect to removal under sub-
chapter 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 re-
stored 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 fol-
lowing new item: 
‘‘6330. Mandatory leave for Senior Executive Service career appointees subject 
to removal.’’. 
(c) REGULATIONS.—Not later than 6 months after 
the date of enactment of this Act, the Director of the Of-
fice of Personnel Management shall prescribe regulations 
with respect to the leave provided by the amendment in 
subsection (a). 
SEC. 8. EXPEDITED REMOVAL OF CAREER APPOINTEES 
FOR PERFORMANCE OR MISCONDUCT. 
(a) IN GENERAL.—Chapter 75 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
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‘‘SUBCHAPTER VI—SENIOR EXECUTIVE 
SERVICE: EXPEDITED REMOVAL 
‘‘§ 7551. Definitions 
‘‘In this subchapter— 
‘‘(1) the term ‘employee’ has the meaning given 
such term in section 7541(1), but does not include 
any career appointee in the Senior Executive Service 
within the Department of Veterans Affairs; and 
‘‘(2) the term ‘misconduct’ includes neglect of 
duty, malfeasance, or failure to accept a directed re-
assignment or to accompany a position in a transfer 
of function. 
‘‘§ 7552. Actions covered 
‘‘This subchapter applies to a removal from the civil 
service or a transfer from the Senior Executive Service, 
but does not apply to an action initiated under section 
1215, to a removal under section 3592 or 3595, to a sus-
pension under section 7503, to a suspension or removal 
under section 7532, to a suspension or removal under sec-
tion 7542, or to a suspension or removal under section 
713 of title 38. 
‘‘§ 7553. Cause and procedure 
‘‘(a)(1) Under regulations prescribed by the Office of 
Personnel Management, the head of an agency may re-
move an employee of the agency from the Senior Executive 
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Service if the head determines that the performance or 
misconduct of the individual warrants such removal. If the 
head so removes such an individual, the head may— 
‘‘(A) remove the individual from the civil serv-
ice; or 
‘‘(B) in the case of an employee described in 
paragraph (2), transfer the employee from the Sen-
ior Executive Service to a General Schedule position 
at any grade of the General Schedule for which the 
employee is qualified and that the head determines 
is appropriate. 
‘‘(2) An employee described in this paragraph is an 
individual who— 
‘‘(A) previously occupied a permanent position 
within the competitive service; 
‘‘(B) previously occupied a permanent position 
within the excepted service; or 
‘‘(C) prior to employment as a career appointee 
at the agency, did not occupy any position within the 
Federal Government. 
‘‘(3) An employee against whom an action is proposed 
under paragraph (1) is entitled to 5 days’ advance written 
notice. 
‘‘(b)(1) Notwithstanding any other provision of law, 
including section 3594, any employee transferred to a 
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General Schedule position under subsection (a)(1)(B) 
shall, beginning on the date of such transfer, receive the 
annual rate of pay applicable to such position. 
‘‘(2) An employee so transferred may not be placed 
on administrative leave or any other category of paid leave 
during the period during which an appeal (if any) under 
this section is ongoing, and may only receive pay if the 
individual reports for duty. If an employee so transferred 
does not report for duty, such employee shall not receive 
pay or other benefits pursuant to section 7554(e). 
‘‘(c) Not later than 30 days after removing or trans-
ferring an employee under subsection (a), the applicable 
head of the agency shall submit to Congress notice in writ-
ing of such removal or transfer and the reason for such 
removal or transfer. 
‘‘(d) Section 3592(b)(1) does not apply to an action 
to remove or transfer an employee under this section. 
‘‘(e) Subject to the requirements of section 7554, an 
employee may appeal a removal or transfer under sub-
section (a) to the Merit Systems Protection Board under 
section 7701, but only if such appeal is made not later 
than seven days after the date of such removal or transfer. 
‘‘§ 7554. Expedited review of appeal 
‘‘(a) Upon receipt of an appeal under section 
7553(d), the Merit Systems Protection Board shall refer 
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such appeal to an administrative judge pursuant to section 
7701(b)(1). The administrative judge shall— 
‘‘(1) expedite any such appeal under such sec-
tion; and 
‘‘(2) in any such case, issue a decision not later 
than 21 days after the date of the appeal. 
‘‘(b) Notwithstanding any other provision of law, in-
cluding section 7703, the decision of an administrative 
judge under subsection (a) shall be final and shall not be 
subject to any further appeal. 
‘‘(c) In any case in which the administrative judge 
cannot issue a decision in accordance with the 21-day re-
quirement under subsection (a)(2), the removal or transfer 
is final. In such a case, the Merit Systems Protection 
Board shall, within 14 days after the date that such re-
moval or transfer is final, submit to Congress a report 
that explains the reasons why a decision was not issued 
in accordance with such requirement. 
‘‘(d) The Merit Systems Protection Board or admin-
istrative judge may not stay any removal or transfer under 
this section. 
‘‘(e) During the period beginning on the date on 
which an employee appeals a removal from the civil service 
under section 7553(d) and ending on the date that the 
administrative judge issues a final decision on such appeal, 
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