Senior Executive Service Accountability Act

Bill: 113-hr-5169
Sponsor: full_name: Rep. Walberg, Tim [R-MI-7]
Introduced: 2014-07-23
Policy area: Government Operations and Politics
Subjects: Employee leave

Federal officials

Government employee pay, benefits, personnel management

Performance measurement
Latest action: action_date: 2014-09-17
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Summaries:
action_date: 2014-07-23
action_desc: Introduced in House
text: <p>Senior Executive Service Accountability Act - Requires each federal agency to include in its biennial request to the Office of Personnel Management (OPM) for a specific number of Senior Executive Service (SES) positions a justification for each position and the specific result expected from each such position.</p> <p>Extends from one year to two years the probationary period for SES employees.</p> <p>Makes SES employees subject to suspensions for cause for 14 days or less without duties and pay. Expands the grounds for suspension or termination of an SES employee to include such cause as would promote the efficiency of the Senior Executive Service. Reduces from 30 days to 15 days the notice required to employees of an adverse personnel action. </p> <p>Requires a written description of employee performance requirements to be provided to an SES employee not later than 30 calendar days before each rating period. </p> <p>Requires SES employees who receive written notice of removal from the civil service to take mandatory annual leave. </p>

action_date: 2014-09-16
action_desc: Passed House amended
text: <p>Senior Executive Service Accountability Act - (Sec. 2) Requires each federal agency to include in its biennial report to the Office of Personnel Management (OPM) for a specific number of Senior Executive Service (SES) positions a justification for each position (by title and organizational location) and the specific result expected from each such position, including the impact of such result on the agency mission. </p> <p>(Sec. 3) Extends from one year to two years the probationary period for SES employees. </p> <p>(Sec. 4) Eliminates the authority for allowing an individual removed from the SES for a less than fully successful executive performance to retain an SES pay grade level if appointed to a civil service position. </p> <p>(Sec. 5) Requires a written description of employee performance requirements to be provided to SES employees not later than 30 calendar days before each rating period. </p> <p>(Sec. 6) Makes SES employees subject to the same 14-day (or less) suspension period, without duties and pay, as is applicable to other federal employees. Expands the grounds for suspension or termination of an SES employee to include such cause as would promote the efficiency of the SES. </p> <p>Requires: (1) a written decision of an adverse action to be rendered not later than 30 days after the employee's answer to such action is received, and (2) any SES employee who is terminated from service to repay any salary received and forfeit any annual leave accumulated during the period of any adverse action leading to termination.</p>

tv_txt: I 113th CONGRESS 2d Session H. R. 5169 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. Short title This Act may be cited as the Senior Executive Service Accountability Act . 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, . 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 . 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 . 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 . 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, . 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: 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).

tv_txt: I 113th CONGRESS 2d Session H. R. 5169 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend title 5, United States Code, to enhance accountability within the Senior Executive Service, and for other purposes.

1. Short title This Act may be cited as the Senior Executive Service Accountability Act . 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, . 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 . 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 . 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 . 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, ; (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 employee’s answer was received under paragraph (2) ; (C) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; (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 deadline for the agency to issue a written decision under subsection (b)(4) for no more than 30 days each. Any extension by the agency head under this subsection must be in writing and document the reasons for granting the extension. ; and (E) by adding at the end the following: (g) (1) With respect to an employee subject to removal 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 period beginning on the date that the employee received 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 (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, .

Passed the House of Representatives September 16, 2014. Karen L. Haas, Clerk.

tv_txt: 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 accountability within the Senior Executive Service, and for other purposes.

1. Short title This Act may be cited as the Senior Executive Service Accountability Act . 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, . 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 . 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 . 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 . 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, ; (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 employee’s answer was received under paragraph (2) ; (C) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; (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 deadline for the agency to issue a written decision under subsection (b)(4) for no more than 30 days each. Any extension by the agency head under this subsection must be in writing and document the reasons for granting the extension. ; and (E) by adding at the end the following: (g) (1) With respect to an employee subject to removal 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 period beginning on the date that the employee received 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 (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, .

Passed the House of Representatives September 16, 2014. Karen L. Haas, Clerk

tv_txt: IB Union Calendar No. 448 113th CONGRESS 2d Session H. R. 5169 [Report No. 113–603] 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 A BILL To amend title 5, United States Code, to enhance accountability within the Senior Executive Service, and for other purposes.

1. Short title This Act may be cited as the Senior Executive Service Accountability Act . 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, . 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 . 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 . 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 . 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, . 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: 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).

September 16, 2014 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed