In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Fair Treatment Act of 
1995''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
      TITLE I--REGULATORY SIMPLIFICATION AND VOLUNTARY COMPLIANCE

Sec. 101. Definitions.
Sec. 102. Compliance guides.
Sec. 103. No action letter.
Sec. 104. Voluntary self-audits.
                   TITLE II--MISCELLANEOUS PROVISIONS

Sec. 201. Performance measures.
Sec. 202. Grace period for correction of violations of Environmental 
                            Protection Agency regulations.
Sec. 203. Waiver of punitive fines for small entities.

      TITLE I--REGULATORY SIMPLIFICATION AND VOLUNTARY COMPLIANCE

SEC. 101. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Compliance guide.--The term ``compliance guide'' means 
        a publication made by a covered agency under section 102(a).
            (2) Covered agency.--The term ``covered agency'' means any 
        agency that, on the date of enactment of this Act, has 
        promulgated any rule for which a regulatory flexibility 
        analysis was required under section 605 of title 5, United 
        States Code, and any other agency that promulgates any such 
        rule, as of the date of enactment of this Act.
            (3) No action letter.--The term ``no action letter'' means 
        a written determination from a covered agency stating that, 
        based on a no action request submitted to the agency by a small 
        entity, the agency will not take enforcement action against the 
        small entity under the rules of the covered agency.
            (4) No action request.--The term ``no action request'' 
        means a written correspondence submitted by a small entity to a 
        covered agency--
                    (A) stating a set of facts; and
                    (B) requesting a determination by the agency of 
                whether the agency would take an enforcement action 
                against the small entity based on such facts and the 
                application of any rule of the agency.
            (5) Rule.--The term ``rule'' has the same meaning as in 
        section 601(2) of title 5, United States Code.
            (6) Small entity.--The term ``small entity'' has the same 
        meaning as in section 601(6) of title 5, United States Code.
            (7) Small business concern.--The term ``small business 
        concern'' has the same meaning as in section 3 of the Small 
        Business Act.
            (8) Voluntary self-audit.--The term ``voluntary self-
        audit'' means an audit, assessment, or review of any operation, 
        practice, or condition of a small entity that--
                    (A) is initiated by an officer, employee, or agent 
                of the small entity; and
                    (B) is not required by law.

SEC. 102. COMPLIANCE GUIDES.

    (a) Compliance Guide.--
            (1) Publication.--If a covered agency is required to 
        prepare a regulatory flexibility analysis for a rule or group 
        of related rules under section 603 of title 5, United States 
        Code, the agency shall publish a compliance guide for such rule 
        or group of related rules.
            (2) Requirements.--Each compliance guide published under 
        paragraph (1) shall--
                    (A) contain a summary description of the rule or 
                group of related rules;
                    (B) contain a citation to the location of the 
                complete rule or group of related rules in the Federal 
                Register;
                    (C) provide notice to small entities of the 
                requirements under the rule or group of related rules 
                and explain the actions that a small entity is required 
                to take to comply with the rule or group of related 
                rules;
                    (D) be written in a manner to be understood by the 
                average owner or manager of a small entity; and
                    (E) be updated as required to reflect changes in 
                the rule.
    (b) Dissemination.--
            (1) In general.--Each covered agency shall establish a 
        system to ensure that compliance guides required under this 
        section are published, disseminated, and made easily available 
        to small entities.
            (2) Small business development centers.--In carrying out 
        this subsection, each covered agency shall provide sufficient 
        numbers of compliance guides to small business development 
        centers for distribution to small businesses concerns.
    (c) Limitation on Enforcement.--
            (1) In general.--No covered agency may bring an enforcement 
        action in any Federal court or in any Federal administrative 
        proceeding against a small entity to enforce a rule for which a 
        compliance guide is not published and disseminated by the 
        covered agency as required under this section.
            (2) Effective dates.--This subsection shall take effect--
                    (A) 1 year after the date of the enactment of this 
                Act with regard to a final regulation in effect on the 
                date of the enactment of this Act; and
                    (B) on the date of the enactment of this Act with 
                regard to a regulation that takes effect as a final 
                regulation after such date of enactment.

SEC. 103. NO ACTION LETTER.

    (a) Application.--This section applies to all covered agencies, 
except--
            (1) the Federal Trade Commission;
            (2) the Equal Employment Opportunity Commission; and
            (3) the Consumer Product Safety Commission.
    (b) Issuance of No Action Letter.--Not later than 90 days after the 
date on which a covered agency receives a no action request, the agency 
shall--
            (1) make a determination regarding whether to grant the no 
        action request, deny the no action request, or seek further 
        information regarding the no action request; and
            (2) if the agency makes a determination under paragraph (1) 
        to grant the no action request, issue a no action letter and 
        transmit the letter to the requesting small entity.
    (c) Reliance on No Action Letter or Compliance Guide.--In any 
enforcement action brought by a covered agency in any Federal court or 
Federal administrative proceeding against a small entity, the small 
entity shall have a complete defense to any allegation of noncompliance 
or violation of a rule if the small entity affirmatively pleads and 
proves by a preponderance of the evidence that the act or omission 
constituting the alleged noncompliance or violation was taken in good 
faith with and in reliance on--
            (1) a no action letter from that agency; or
            (2) a compliance guide of the applicable rule published by 
        the agency under section 102(a).

SEC. 104. VOLUNTARY SELF-AUDITS.

    (a) Procedures.--Each agency shall establish voluntary self-audit 
procedures for small entities regulated by the agency.
    (b) Inadmissibility of Evidence and Limitation on Discovery.--If 
action to address a violation is taken not later than 180 days after 
the date on which a voluntary self-audit is concluded, the evidence 
described in subsection (c)--
            (1) shall not be admissible, unless agreed to by the small 
        entity, in any enforcement action brought against a small 
        entity by a Federal agency in any Federal--
                    (A) court; or
                    (B) administrative proceeding; and
            (2) may not be the subject of discovery in any enforcement 
        action brought against a small entity by a Federal agency in 
        any Federal--
                    (A) court; or
                    (B) administrative proceeding.
    (c) Application.--For purposes of subsection (b), the evidence 
described in this subsection is--
            (1) a voluntary self-audit made in good faith; and
            (2) any report, finding, opinion, or any other oral or 
        written communication made in good faith relating to such 
        voluntary self-audit.
    (d) Exceptions.--Subsection (b) shall not apply if--
            (1) the act or omission that forms the basis of the 
        enforcement action is a violation of criminal law; or
            (2) the voluntary self-audit or the report, finding, 
        opinion, or other oral or written communication was prepared 
        for the purpose of avoiding disclosure of information required 
        for an investigative, administrative, or judicial proceeding 
        that, at the time of preparation, was imminent or in progress.

                   TITLE II--MISCELLANEOUS PROVISIONS

SEC. 201. PERFORMANCE MEASURES.

    No covered agency shall establish or enforce agency personnel 
practices that reward agency employees, directly or indirectly, based 
on the number of contacts made with small entities in pursuit of 
enforcement actions or on the amount of fines levied against small 
entities to enforce agency regulations.

SEC. 202. GRACE PERIOD FOR CORRECTION OF VIOLATIONS OF ENVIRONMENTAL 
              PROTECTION AGENCY REGULATIONS.

    (a) In General.--Subject to subsection (b), for violations of 
regulations identified on or after the date of enactment of this Act, 
the Administrator of the Environmental Protection Agency shall afford 
small entities 180 days after the date on which the violation is 
identified to correct such violation.
    (b) Exception.--Subsection (a) shall not apply--
            (1) if the Administrator of the Environmental Protection 
        Agency determines that there is an imminent risk to public 
        health or worker safety; or
            (2) to a violation of a regulation for which criminal 
        liability may be imposed.

SEC. 203. WAIVER OF PUNITIVE FINES FOR SMALL ENTITIES.

    Notwithstanding any other law, policy, or practice, a covered 
agency may waive all or part of a punitive fine that would otherwise be 
imposed on a small entity if--
            (1) the fine is for a first time violation of a law or 
        regulation; and
            (2) the small entity acts quickly and in good faith to 
        correct the violation.
[A]: TABLE OF CONTENTS: 
     Title I:  Regulatory Simplification and Voluntary Compliance 
     Title II:  Miscellaneous Provisions 
Small Business Fair Treatment Act of 1995 - 
Title I:  Regulatory Simplification and Voluntary Compliance
 - Directs a Federal regulatory agency that is required to prepare a regulatory flexibility analysis for a rule or group of related rules to publish a compliance guide which:  (1) contains a summary of the rules and a citation as to their location; (2) provides a notice to small businesses (small entities) of such rules as well as an understandable explanation of actions necessary for compliance; and (3) is updated as required. Requires such guide to be disseminated to small entities, as well as to small business development centers.  Prohibits any covered agency from bringing an action against a small entity to enforce a rule for which such a guide has not been published and disseminated. 
(Sec. 103) Requires covered agencies other than the Federal Trade Commission, the Equal Employment Opportunity Commission, and the Consumer Product Safety Commission to determine within 90 days whether to grant or deny a request by a small entity that no action be taken against such entity with respect to the enforcement of a rule (no action request).  Allows a small entity to rely on a no action response from a covered agency in any subsequent action brought against the small entity for a rule's enforcement. 
(Sec. 104) Requires each covered agency to establish voluntary self-audit procedures for small entities regulated by the agency. Makes inadmissible as evidence in an action, as well as outside the bounds of discovery, any information compiled by a small entity in a voluntary self-audit, as long as an action to address such violation is brought within 180 days after the conclusion of the self-audit. 
Title II:  Miscellaneous Provisions
 - Prohibits any covered agency from establishing personnel practices that reward its employees based on the number of contacts made with small entities in pursuit of enforcement actions or the levy of fines to enforce agency regulations. 
(Sec. 202) Directs the Administrator of the Environmental Protection Agency (EPA) to afford small entities a 180-day grace period for the correction of EPA violations, with exceptions. 
(Sec. 203) Authorizes a covered agency to waive all or part of any punitive fine that would otherwise be imposed on a small entity:  (1) for a first time violation; and (2) if the small entity acts quickly and in good faith to correct the violation.


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pension Assistance and Counseling 
Act of 1999''.

SEC. 2. PENSION COUNSELING PROGRAMS.

    Title VII of the Older Americans Act of 1965 (42 U.S.C. 3058 et 
seq.) is amended--
            (1) by redesignating subtitle C as subtitle D;
            (2) by redesignating sections 761 through 764 as sections 
        791 through 794, respectively; and
            (3) by inserting after subtitle B the following:

                    ``Subtitle C--Pension Counseling

``SEC. 761. PENSION COUNSELING PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Pension and other retirement benefits.--The term 
        `pension and other retirement benefits' means private, civil 
        service, and other public pensions and retirement benefits, 
        including benefits provided under--
                    ``(A) the Social Security program carried out under 
                title II of the Social Security Act (42 U.S.C. 401 et 
                seq.);
                    ``(B) the railroad retirement program carried out 
                under the Railroad Retirement Act of 1974 (45 U.S.C. 
                231 et seq.);
                    ``(C) the government retirement benefits programs 
                carried out under--
                            ``(i) the Civil Service Retirement System 
                        set forth in subchapter III of chapter 83 of 
                        title 5, United States Code;
                            ``(ii) the Federal Employees Retirement 
                        System set forth in chapter 84 of title 5, 
                        United States Code;
                            ``(iii) title 10, United States Code; or
                            ``(iv) any other government retirement 
                        system, including any Government pension plan 
                        as such term is defined under section 9502 of 
                        title 31, United States Code; or
                    ``(D) the Employee Retirement Income Security Act 
                of 1974 (29 U.S.C. 1001 et seq.).
            ``(2) Pension counseling program.--The term `pension 
        counseling program' means a program described in subsection 
        (c).
    ``(b) Establishment.--The Assistant Secretary shall establish and 
carry out pension counseling projects. In carrying out the projects, 
the Assistant Secretary shall award grants under subsection (c) and 
(d).
    ``(c) Pension Counseling Programs.--
            ``(1) Use of funds.--In carrying out the projects specified 
        in subsection (b), the Assistant Secretary shall award grants 
        to eligible entities to establish programs that create or 
        continue a sufficient number of pension assistance and 
        counseling projects to provide outreach, information, 
        counseling, referral, and other assistance regarding pension 
        and other retirement benefits, and rights related to such 
        benefits, to individuals throughout the United States.
            ``(2) Award of grants.--
                    ``(A) Type of entity.--The Assistant Secretary 
                shall award under this subsection--
                            ``(i) grants to State agencies or area 
                        agencies on aging; and
                            ``(ii) grants to nonprofit organizations 
                        with a proven record of providing--
                                    ``(I) services related to 
                                retirement of older individuals; or
                                    ``(II) specific pension counseling.
                    ``(B) Panel.--In awarding grants under this 
                subsection, the Assistant Secretary shall use a citizen 
                advisory panel that shall include representatives of 
                business, labor, national senior advocates, and 
                national pension rights advocates.
                    ``(C) Criteria.--In awarding grants under this 
                subsection, the Assistant Secretary, after consultation 
                with the panel, shall use as criteria--
                            ``(i) evidence of commitment of an agency 
                        or organization to carry out a proposed pension 
                        counseling program;
                            ``(ii) the ability of the agency or 
                        organization to perform effective outreach to 
                        affected populations, particularly populations 
                        identified as in need of special outreach;
                            ``(iii) reliable information that the 
                        population to be served by the agency or 
                        organization has a demonstrable need for the 
                        services proposed to be provided under the 
                        program; and
                            ``(iv) evidence of ability of the agency or 
                        organization to provide services under the 
                        program on a statewide or regional basis.
            ``(3) Application.--
                    ``(A) In general.--To be eligible to receive a 
                grant under this subsection, an entity shall submit an 
                application to the Assistant Secretary at such time, in 
                such manner, and containing such information as the 
                Assistant Secretary may require, including, at a 
                minimum--
                            ``(i) a plan for the establishment of a 
                        pension counseling program to serve a specific 
                        geographic area; and
                            ``(ii) an assurance that staff members 
                        (including volunteer staff members) have no 
                        conflict of interest in providing the services 
                        described in the plan.
                    ``(B) Plan.--The plan described in subparagraph (A) 
                shall provide for a program that--
                            ``(i) establishes or continues a State or 
                        area pension counseling service;
                            ``(ii) provides counseling (including 
                        direct counseling and assistance to individuals 
                        needing information) and information that may 
                        assist individuals in establishing rights to, 
                        obtaining, and filing claims or complaints 
                        related to, pension and other retirement 
                        benefits;
                            ``(iii) provides information on sources of 
                        pension and other retirement benefits, 
                        including the benefits under programs described 
                        in subsection (a)(1);
                            ``(iv) makes referrals to legal services 
                        and other advocacy programs;
                            ``(v) establishes a system of referral to 
                        Federal, State, and local departments or 
                        agencies related to pension and other 
                        retirement benefits;
                            ``(vi) provides a sufficient number of 
                        staff positions (including volunteer positions) 
                        to ensure information, counseling, referral, 
                        and assistance regarding pension and other 
                        retirement benefits;
                            ``(vii) provides training programs for 
                        staff members, including volunteer staff 
                        members of the programs described in subsection 
                        (a)(1);
                            ``(viii) makes recommendations to the 
                        Administration, the Department of Labor, and 
                        other Federal, State, and local agencies 
                        concerning issues for older individuals related 
                        to pension and other retirement benefits; and
                            ``(ix) establishes or continues to provide 
                        projects to provide outreach, information, 
                        counseling, referral, and other assistance 
                        regarding pension and other retirement 
                        benefits, with particular emphasis on outreach 
                        to women, minorities, and low-income retirees.
    ``(d) Training and Technical Assistance Program.--
            ``(1) Use of funds.--In carrying out the projects described 
        in subsection (b), the Assistant Secretary shall award a grant 
        to an eligible entity to establish a training and technical 
        assistance program to provide--
                    ``(A) information and technical assistance to the 
                staffs of entities operating pension counseling 
                programs; and
                    ``(B) assistance to the entities, including 
                assistance in designing program evaluation tools.
            ``(2) Eligible entity.--Entities eligible to receive grants 
        under this subsection include nonprofit private organizations 
        with records of providing national information, referral, and 
        advocacy in matters related to pension and other retirement 
        benefits.
            ``(3) Application.--To be eligible to receive a grant under 
        this subsection, an entity shall submit an application to the 
        Assistant Secretary at such time, in such manner, and 
        containing such information as the Assistant Secretary may 
        require.
    ``(e) Pension Assistance Hotline and Interagency Coordination.--The 
Assistant Secretary shall enter into interagency agreements for the 
establishment and operation of, and dissemination of information about, 
a telephone hotline for individuals seeking outreach, information, 
counseling, referral, and assistance regarding pension and other 
retirement benefits, and rights related to such benefits. The Assistant 
Secretary shall also enter into agreements with the Secretary of Labor 
and with the heads of other Federal agencies that regulate the 
provision of pension and other retirement benefits, as the Assistant 
Secretary determines to be appropriate, in order to carry out this 
subsection and to develop a nationwide public-private pension 
assistance system.
    ``(f) Report to Congress.--
            ``(1) Preparation.--The Assistant Secretary shall prepare a 
        report that--
                    ``(A) summarizes the distribution of funds 
                authorized for grants under this section and the 
                expenditure of such funds;
                    ``(B) summarizes the scope and content of training 
                and assistance provided under a program carried out 
                under this section and the degree to which the training 
                and assistance can be replicated;
                    ``(C) outlines the problems that individuals 
                participating in programs funded under this section 
                encountered concerning rights related to pension and 
                other retirement benefits; and
                    ``(D) makes recommendations regarding the manner in 
                which services provided in programs funded under this 
                section can be incorporated into the ongoing programs 
                of State agencies, area agencies on aging, multipurpose 
                senior centers, and other similar entities.
            ``(2) Submission.--Not later than 30 months after the date 
        of enactment of this section, the Assistant Secretary shall 
        submit the report described in paragraph (1) to the Committee 
        on Education and the Workforce of the House of Representatives 
        and the Committee on Health, Education, Labor, and Pensions of 
        the Senate.
    ``(g) Administrative Expenses.--Of the funds appropriated under 
subsection (h) to carry out this section for a fiscal year, not more 
than $100,000 may be used by the Administration for administrative 
expenses in carrying out this section.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 2000 through 2003.''.

SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Repealer.--Section 429J of the Older Americans Act of 1965 (42 
U.S.C. 3035r) is repealed.
    (b) Conforming Amendment.--Subsection (b) of section 794 of the 
Older Americans Act of 1965 (as redesignated in section 2(2)) is 
amended by striking ``entities described in section 751(c)'' and 
inserting ``persons and entities described in section 793(b)''.
[A]: Specifies that such grants shall be awarded to: (1) State agencies or area agencies on aging; (2) nonprofit organizations with a proven record of providing services related to retirement of older individuals or specific pension counseling; and (3) an eligible entity to establish a training and technical assistance program to provide information and technical assistance to the staffs of entities operating pension counseling programs and assistance to such entities, including assistance in designing program evaluation tools. Makes nonprofit private organizations with records of providing national information, referral, and advocacy in matters related to pension and other retirement benefits eligible to receive training and technical assistance grants.
Requires the Assistant Secretary to enter into: (1) interagency agreements for the establishment and operation of, and dissemination of information about, a telephone hotline for individuals seeking outreach, information, counseling, referral, and assistance regarding pension and other retirement benefits, and rights related to such benefits; and (2) agreements with the Secretary of Labor and with the heads of other Federal agencies that regulate the provision of pension and other retirement benefits, as appropriate, in order to carry out this Act and to develop a nationwide public-private pension assistance system.
Authorizes appropriations.
Repeals provisions of the Act that establish pension rights demonstration projects.


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Senior Executive Service 
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 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 FOR CAREER APPOINTEES.

    (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 CAREER APPOINTEES 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. ADVANCED ESTABLISHMENT OF PERFORMANCE REQUIREMENTS UNDER SENIOR 
              EXECUTIVE SERVICE PERFORMANCE APPRAISAL SYSTEMS.

    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 WITH RESPECT TO ADVERSE ACTIONS AGAINST CAREER 
              APPOINTEES.

    (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 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:
``Sec. 6330. Mandatory leave for Senior Executive Service 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 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:

``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 Office 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 following:

      ``SUBCHAPTER VI--SENIOR EXECUTIVE SERVICE: EXPEDITED REMOVAL

``Sec. 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 reassignment or to 
        accompany a position in a transfer of function.
``Sec. 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 suspension under section 7503, to a suspension or removal 
under section 7532, to a suspension or removal under section 7542, or 
to a suspension or removal under section 713 of title 38.
``Sec. 7553. Cause and procedure
    ``(a)(1) Under regulations prescribed by the Office of Personnel 
Management, the head of an agency may remove an employee of the agency 
from the Senior Executive 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 service; or
            ``(B) in the case of an employee described in paragraph 
        (2), transfer the employee from the Senior 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 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 transferring an 
employee under subsection (a), the applicable head of the agency shall 
submit to Congress notice in writing 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 subsection (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.
``Sec. 7554. Expedited review of appeal
    ``(a) Upon receipt of an appeal under section 7553(d), the Merit 
Systems Protection Board shall refer such appeal to an administrative 
judge pursuant to section 7701(b)(1). The administrative judge shall--
            ``(1) expedite any such appeal under such section; 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, including 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 requirement 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 
removal 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 administrative 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, such employee may not receive any pay, awards, 
bonuses, incentives, allowances, differentials, student loan 
repayments, special payments, or benefits.''.
    (b) Application.--
            (1) In general.--Subchapter VI of chapter 75 of title 5, 
        United States Code, as added by subsection (a), shall not apply 
        to any personnel action against a career appointee (as that 
        term is defined in section 3132(a)(4) of title 5, United States 
        Code) that was commenced before the date of enactment of this 
        Act.
            (2) Relation to other authorities.--The authority provided 
        by such subchapter is in addition to the authority provided 
        under section 3592 or subchapter V of chapter 75 of title 5, 
        United States Code.
    (c) Technical Amendments.--
            (1) Title 5.--Title 5, United States Code, is amended--
                    (A) in section 3592(b)(2)--
                            (i) by striking ``or'' at the end of 
                        subparagraph (A);
                            (ii) by striking the period at the end of 
                        subparagraph (B) and inserting ``; or''; and
                            (iii) by adding at the end the following:
                    ``(C) any removal under subchapter VI of this title 
                or section 713 of title 38.'';
                    (B) in section 3393(g), by striking ``or 7543 of 
                this title'' and inserting ``, 7543, or 7553 of this 
                title or section 713 of title 38''; and
                    (C) in section 7542, by striking ``or to a removal 
                under section 3592 or 3595 of this title'' and 
                inserting ``to a removal under section 3592 or 3595 of 
                this title, to a suspension under section 7503, to a 
                removal or transfer under section 7553, or a removal or 
                transfer under section 713 of title 38''.
            (2) Title 38.--Section 713(f)(1) of title 38, United States 
        Code, is amended by striking ``or subchapter V'' and inserting 
        ``, chapter 43, or subchapters V and VI''.
    (d) Clerical Amendment.--The table of sections at the beginning of 
chapter 75 of title 5, United States Code, is amended by adding after 
the item relating to section 7543 the following:

      ``subchapter vi--senior executive service: expedited removal

``7551. Definitions.
``7552. Actions covered.
``7553. Cause and procedure.
``7554. Expedited review of appeal.''.

SEC. 9. MANDATORY REASSIGNMENT OF CAREER APPOINTEES.

    (a) In General.--Section 3395(a) of title 5, United States Code, is 
amended by adding at the end the following:
    ``(3)(A) Consistent with the requirements of paragraphs (1) and 
(2), at least once every five years beginning on the date that a career 
appointee is initially appointed to the Senior Executive Service, each 
career appointee at an agency shall be reassigned to another Senior 
Executive Service position at the agency at a different geographic 
location that does not include the supervision of the same agency 
personnel or programs.
    ``(B) The head of an agency may waive the requirement under 
subparagraph (A) for any career appointee if the head submits notice of 
the waiver and an explanation of the reasons for the waiver to the 
Committee on Oversight and Government Reform of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate.''.
    (b) Conforming Amendment.--Section 3395(a)(1)(A) of title 5, United 
States Code, is amended by striking ``paragraph (2)'' and inserting 
``paragraphs (2) and (3)''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 90 days after the date of enactment of this Act.
[A]:
.  Senior Executive Service Accountability Act  (Sec. 2) This bill revises personnel requirements for employees in the Senior Executive Service (SES) to:   require each federal agency to include in its biennial report to the Office of Personnel Management a justification for certain SES positions and the specific result expected from each position, including the impact of such result on the agency mission;  extend the probationary period for SES employees from one year to two years;  eliminate the authority for allowing an SES employee removed for a less than fully successful executive performance to retain an SES pay grade level if appointed to a civil service position;  require a written description of employee performance requirements to be provided to SES employees by 30 calendar days before each rating period;  make SES employees subject to the same 14-day (or less) suspension period, without duties and pay, as is applicable to other federal employees;  expand the grounds for suspension or termination of an SES employee to include such cause as would promote the efficiency of the SES;  allow an agency to place an SES employee on mandatory leave for misconduct, neglect of duty, malfeasance, or such cause as would promote the efficiency of the SES;  provide for expedited removal of SES employees for performance or misconduct and for an expedited appeals process for removals; and  require mandatory reassignments of SES employees at least once every five years.