[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4358 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 369
114th CONGRESS
  2d Session
                                H. R. 4358

                          [Report No. 114-485]

To amend title 5, United States Code, to enhance accountability within 
         the Senior Executive Service, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 8, 2016

 Mr. Walberg introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

                             April 12, 2016

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.


 


    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 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.
                                                 Union Calendar No. 369

114th CONGRESS

  2d Session

                               H. R. 4358

                          [Report No. 114-485]

_______________________________________________________________________

                                 A BILL

To amend title 5, United States Code, to enhance accountability within 
         the Senior Executive Service, and for other purposes.

_______________________________________________________________________

                             April 12, 2016

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed