Senior Executive Service Improvements Act
PL 102-175 (H.R.2270), enacted 12/02/1991

105 STAT. 1222 
PUBLIC LAW 102-175—DEC. 2, 1991 
Public Law 102-175 
102d Congress 
An Act 
Dec. 2, 1991 
[H.R. 2270] 
Senior Executive 
Service 
Improvements 
Act 
5 Uisc 3301 note. 
Amending certain provisions of title 5, United States Code, relating to the Senior 
Executive Service. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Senior Executive Service Improve-
ments Act". 
SEC. 2. PROTECTION AGAINST PAY REDUCTION UPON ENTERING THE SES. 
Section 5383 of title 5, United States Code, is amended by adding 
at the end the following new subsection: 
"(e)(1) This subsection applies to— 
"(A) any individual who, after serving at least 5 years of 
current continuous service in 1 or more positions in the 
competitive service, is appointed, without any break in service, 
as a career appointee; and 
"(B) any individual who— 
"(i) holds a position which is converted from the competi-
tive service to a career reserved position in the Senior 
Executive Service; and 
"(ii) as of the conversion date, has at least 5 years of 
current continuous service in 1 or more positions in the 
competitive service. 
"(2)(A) The initial rate of pay for a career appointee who is 
appointed under the circumstances described in paragraph (IXA) 
may not be less than the rate of basic pay last payable to that 
individual immediately before being so appointed. 
"(B) The initial rate of pay for a career appointee following the 
position's conversion (as described in paragraph (IXB)) may not be 
less than the rate of basic pav last payable to that individual 
immediately before such position s conversion.". 
SEC. 3. LIMITATION ON AUTHORITY TO REASSIGN. 
Section 3395(e) of title 5, United States Code, is amended— 
(1) by amending clause (ii) of paragraph (1)(B) to read as 
follows: 
"(ii) has the authority to make an initial appraisal of the 
career appointee's performance under subchapter II of 
chapter 43."; and 
(2) by adding at the end of the following new paragraph: 
"(3) For the purpose of applying paragraph (1) to a career ap-
pointee, any days (not to exceed a total of 60) during which such 
career appointee is serving pursuant to a detail or other temporary 
assignment apart from such appointee's regular position shall not be 
counted in determining the number of days that have elapsed since 
an appointment referred to in subparagraph (A) or (B) of such 
paragraph.". 
59-139 O - 91 (175) 
PUBLIC LAW 102-175—DEC. 2, 1991 
105 STAT. 1223 
SEC. 4. ENCOURAGEMENT OF SABBATICALS AND OTHER FORMS OF 
PROFESSIONAL DEVELOPMENT BY CAREER APPOINTEES. 
Section 3396(d) of title 5, United States Code, is amended— 
(1) by inserting "(1)" after "(d)"; and 
(2) by adding at the end the following new pargigraph: 
"(2) In order to promote the professional development of career 
appointees and to assist them in achieving their maximum levels of 
proficiency, the Office shall, in a manner consistent with the needs 
of the Government provide appropriate informational services and 
otherwise encourage career appointees to take advantage of any 
opportunities relating to— 
"(A) sabbaticals; 
"(B) training; or 
"(C) details or other temporary assignments in other agencies, 
State or local governments, or the private sector.". 
SEC. 5. AUTHORITY TO MITIGATE. 
Section 7701(b) of title 5, United States Code, is amended by 
adding at the end the following new paragraph: 
"(3) With respect to an appeal from an adverse action covered by 
subchapter V of chapter 75, authority to mitigate the personnel 
action involved shall be available, subject to the same standards as 
would apply in an appeal involving an action covered by subchapter 
II of chapter 75 with respect to which mitigation authority under 
this section exists.". 
Approved December 2, 1991. 
LEGISLATIVE HISTORY—H.R. 2270: 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
Nov. 12, considered and passed House. 
Nov. 20, considered and passed Senate. 
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