IIB 
113TH CONGRESS 
2D SESSION 
H. R. 5169 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 17 (legislative day, SEPTEMBER 16), 2014 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
AN ACT 
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, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Senior Executive Serv-
ice 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 organi-
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. 
(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 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— 
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‘‘(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-
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. REQUIREMENT THAT PERFORMANCE REQUIRE-
MENTS 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 ‘‘commu-
nicated’’. 
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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 Sec-
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.— 
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(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 
promote the efficiency of the service, mis-
conduct,’’; 
(B) in subsection (b)(4), by adding at the 
end before the period the following: ‘‘, but no 
later than 30 days after the date that the em-
ployee’s answer was received under paragraph 
(2)’’; 
(C) by redesignating subsections (c), (d), 
and (e) as subsections (d), (e), and (f), respec-
tively; 
(D) by inserting after subsection (b) the 
following: 
‘‘(c) An agency head may extend the deadline for an 
employee to answer under subsection (b)(2) or the dead-
line for the agency to issue a written decision under sub-
section (b)(4) for no more than 30 days each. Any exten-
sion by the agency head under this subsection must be 
in writing and document the reasons for granting the ex-
tension.’’; and 
(E) by adding at the end the following: 
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‘‘(g)(1) With respect to an employee subject to re-
moval under this subchapter, if a final order or decision 
is issued in favor of the agency by the agency, the Merit 
Systems Protection Board, or the applicable reviewing 
court under section 7703, the employee— 
‘‘(A) shall pay to the agency an amount equal 
to any pay received by the employee during the pe-
riod beginning on the date that the employee re-
ceived notice under subsection (b)(1) and ending on 
the date of such final order or decision; and 
‘‘(B) have removed from such employee’s credit 
any annual leave accrued during such period. 
‘‘(2) Paragraph (1) shall apply only to an employee 
who, during the period described in paragraph (1)(A), is 
placed on administrative leave or any other type of leave 
whereby the employee is in a status without duties but 
with pay.’’. 
(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 
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(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,’’. 
Passed the House of Representatives September 16, 
2014. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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