IB 
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 account-
ability within the Senior Executive Service, and for other 
purposes. 
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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 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: 
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‘‘(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-
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 
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(2) by inserting ‘‘in writing’’ after ‘‘commu-
nicated’’. 
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’’. 
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