[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5169 Referred in Senate (RFS)]

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.

    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 
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 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.

    (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 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''.

SEC. 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''.

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 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.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.