,,ib ,union ,calendar ,no4 #cfi #aadth ,,congress #b;d ,session ,h4 ,r4 #dceh ,report ,no4 #aad-dhe ,,in ,,the ,,house ,,of ,,representatives ,january #h1 #bjaf ,mr4 ,walberg introduced the following bill2 which was referred to the ,committee on ,oversight and ,government ,reform ,april #ab1 #bjaf ,committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed ,a ,,bill ,to amend title #e1 ,united ,states ,code1 to enhance accountability within the ,senior ,executive ,service1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,senior ,executive ,service ,accountability ,act4 #b4 ,biennial justification of ,senior ,executive ,service positions ,section #cacc7;a77#b7 of title #e1 ,united ,states ,code1 is amended by inserting after positions the following3 1 with a justification for each position 7by title and organizational location7 and the specific result expected from each position1 including the impact of such result on the agency mission14 #c4 ,extension of probationary period for career appointees 7a7 ,in general ,section #ccic7;d7 of title #e1 ,united ,states ,code1 is amended by striking #a-year and inserting #b-year4 7b7 ,conforming amendment ,section #ceib7;a77#a7 of such title is amended by striking #a-year and inserting #b-year4 #d4 ,modification of pay retention for career appointees removed for under performance ,section #ceid7;c77#a77;,b7 of title #e1 ,united ,states ,code1 is amended to read as follows3 7,b7 7i7 any career appointee placed under subsection 7a7 or 7b77#b7 of this section shall be entitled to receive basic pay at the highest of-- 7,i7 the rate of basic pay in effect for the position in which placed2 7,,ii7 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 ,service2 or 7,,iii7 the rate of basic pay in effect for the career appointee immediately before being placed under subsection 7a7 or 7b7 of this section2 and 7ii7 any career appointee placed under subsection 7b77#a7 of this section shall be entitled to receive basic pay at the rate of basic pay in effect for the position in which placed2 and 4 #e4 ,advanced establishment of performance requirements under ,senior ,executive ,service performance appraisal systems ,section #dcab7;b77#a7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 by striking on or and inserting not later than #cj calendar days2 and 7#b7 by inserting in writing after communicated4 #f4 ,amendments with respect to adverse actions against career appointees 7a7 ,suspension for #ad days or less for senior executive service employee ,paragraph 7#a7 of ,section #geja of title #e1 ,united ,states ,code1 is amended to read as follows3 7#a7 employee means-- 7,a7 an individual in the competitive service who is not serving a probationary period or trial period under an initial appointment or who has completed #a year of current continuous employment in the same or similar positions under other than a temporary appointment limited to #a year or less2 or 7,b7 a career appointee in the ,senior ,executive ,service who-- 7i7 has completed the probationary period prescribed under section #ccic7;d72 or 7ii7 was covered by the provisions of subchapter ,,ii of this chapter immediately before appointment to the ,senior ,executive ,service2 and 4 7b7 ,modification of cause and procedure for suspension and termination 7#a7 ,in general ,section #gedc of title #e1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a71 by striking misconduct1 and inserting such cause as would promote the efficiency of the service1 misconduct12 and 7,b7 in subsection 7b77#a71 by striking #cj and inserting #ae4 7#b7 ,conforming amendments ,subchapter ,v of chapter #ce of title #e1 ,united ,states ,code1 is amended-- 7,a7 in section #ceic-- 7i7 in subsection 7a77#b71 by striking misconduct1 and inserting such cause as would promote the efficiency of the service1 misconduct12 and 7ii7 in subsection 7b71 by striking misconduct1 and inserting such cause as would promote the efficiency of the service1 misconduct12 and 7,b7 in section #ceid7;a71 by striking misconduct1 and inserting such cause as would promote the efficiency of the service1 misconduct14 #g4 ,mandatory leave for career appointees subject to removal 7a7 ,in general ,subchapter ,,ii of chapter #fc of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #fccj4 ,mandatory leave for ,senior ,executive ,service career appointees subject to removal 7a7 ,in this section-- 7#a7 the term employee means an employee 7as that term is defined in section #geda7a77 who has received written notice of removal from the civil service under subchapter ,v of chapter #ge2 and 7#b7 the term mandatory leave means1 with respect to an employee1 an absence with pay but without duty during which such employee-- 7,a7 shall be charged accrued annual leave for the period of such absence2 and 7,b7 may not accrue any annual leave under section #fcjc for the period of such absence4 7b7 ,under regulations prescribed by the ,office of ,personnel ,management1 an agency may place an employee on mandatory leave for misconduct1 neglect of duty1 malfeasance1 or such cause as would promote the efficiency of the service4 7c7 ,if an agency determines that an employee should be placed on mandatory leave under subsection 7b71 such leave shall begin no earlier than the date on which the employee received written notice of a removal under subchapter ,v of chapter #ge4 7d7 ,if a final order or decision is issued in favor of such employee with respect to removal under subchapter ,v of chapter #ge by the agency1 the ,merit ,systems ,protection ,board1 or the ,united ,states ,court of ,appeals for the ,federal ,circuit1 any annual leave that is charged to an employee by operation of this section shall be restored to the applicable leave account of such employee4 4 7b7 ,clerical amendment ,the table of sections of chapter #fc of title #e1 ,united ,states ,code1 is amended by adding after the item relating to section #fcbh the following new item3 #fccj4 ,mandatory leave for ,senior ,executive ,service career appointees subject to removal4 4 7c7 ,regulations ,not later than #f months after the date of enactment of this ,act1 the ,director of the ,office of ,personnel ,management shall prescribe regulations with respect to the leave provided by the amendment in subsection 7a74 #h4 ,expedited removal of career appointees for performance or misconduct 7a7 ,in general ,chapter #ge of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 ,,vi ,senior ,executive ,service3 ,expedited ,removal #geea4 ,definitions ,in this subchapter-- 7#a7 the term employee has the meaning given such term in section #geda7a71 but does not include any career appointee in the ,senior ,executive ,service within the ,department of ,veterans ,affairs2 and 7#b7 the term misconduct includes neglect of duty1 malfeasance1 or failure to accept a directed reassignment or to accompany a position in a transfer of function4 #geeb4 ,actions covered ,this subchapter applies to a removal from the civil service or a transfer from the ,senior ,executive ,service1 but does not apply to an action initiated under section #abae1 to a removal under section #ceib or #ceie1 to a suspension under section #gejc1 to a suspension or removal under section #gecb1 to a suspension or removal under section #gedb1 or to a suspension or removal under section #gac of title #ch4 #geec4 ,cause and procedure 7a7 7#a7 ,under regulations prescribed by the ,office of ,personnel ,management1 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 removal4 ,if the head so removes such an individual1 the head may-- 7,a7 remove the individual from the civil service2 or 7,b7 in the case of an employee described in paragraph 7#b71 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 appropriate4 7#b7 ,an employee described in this paragraph is an individual who-- 7,a7 previously occupied a permanent position within the competitive service2 7,b7 previously occupied a permanent position within the excepted service2 or 7,c7 prior to employment as a career appointee at the agency1 did not occupy any position within the ,federal ,government4 7#c7 ,an employee against whom an action is proposed under paragraph 7#a7 is entitled to #e days' advance written notice4 7b7 7#a7 ,notwithstanding any other provision of law1 including section #ceid1 any employee transferred to a ,general ,schedule position under subsection 7a77#a77;,b7 shall1 beginning on the date of such transfer1 receive the annual rate of pay applicable to such position4 7#b7 ,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 7if any7 under this section is ongoing1 and may only receive pay if the individual reports for duty4 ,if an employee so transferred does not report for duty1 such employee shall not receive pay or other benefits pursuant to section #geed7;e74 7c7 ,not later than #cj days after removing or transferring an employee under subsection 7a71 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 transfer4 7d7 ,section #ceib7;b77#a7 does not apply to an action to remove or transfer an employee under this section4 7e7 ,subject to the requirements of section #geed1 an employee may appeal a removal or transfer under subsection 7a7 to the ,merit ,systems ,protection ,board under section #ggja1 but only if such appeal is made not later than seven days after the date of such removal or transfer4 #geed4 ,expedited review of appeal 7a7 ,upon receipt of an appeal under section #geec7;d71 the ,merit ,systems ,protection ,board shall refer such appeal to an administrative judge pursuant to section #ggja7;b77#a74 ,the administrative judge shall-- 7#a7 expedite any such appeal under such section2 and 7#b7 in any such case1 issue a decision not later than #ba days after the date of the appeal4 7b7 ,notwithstanding any other provision of law1 including section #ggjc1 the decision of an administrative judge under subsection 7a7 shall be final and shall not be subject to any further appeal4 7c7 ,in any case in which the administrative judge cannot issue a decision in accordance with the #ba-;day requirement under subsection 7a77#b71 the removal or transfer is final4 ,in such a case1 the ,merit ,systems ,protection ,board shall1 within #ad days after the date that such removal or transfer is final1 submit to ,congress a report that explains the reasons why a decision was not issued in accordance with such requirement4 7d7 ,the ,merit ,systems ,protection ,board or administrative judge may not stay any removal or transfer under this section4 7e7 ,during the period beginning on the date on which an employee appeals a removal from the civil service under section #geec7;d7 and ending on the date that the administrative judge issues a final decision on such appeal1 such employee may not receive any pay1 awards1 bonuses1 incentives1 allowances1 differentials1 student loan repayments1 special payments1 or benefits4 4 7b7 ,application 7#a7 ,in general ,subchapter ,,vi of chapter #ge of title #e1 ,united ,states ,code1 as added by subsection 7a71 shall not apply to any personnel action against a career appointee 7as that term is defined in section #cacb7;a77#d7 of title #e1 ,united ,states ,code7 that was commenced before the date of enactment of this ,act4 7#b7 ,relation to other authorities ,the authority provided by such subchapter is in addition to the authority provided under section #ceib or subchapter ,v of chapter #ge of title #e1 ,united ,states ,code4 7c7 ,technical amendments 7#a7 ,title #e ,title #e1 ,united ,states ,code1 is amended-- 7,a7 in section #ceib7;b77#b7-- 7i7 by striking or at the end of subparagraph 7,a72 7ii7 by striking the period at the end of subparagraph 7,b7 and inserting 2 or2 and 7iii7 by adding at the end the following3 7,c7 any removal under subchapter ,,vi of this title or section #gac of title #ch4 2 7,b7 in section #ccic7;g71 by striking or #gedc of this title and inserting 1 #gedc1 or #geec of this title or section #gac of title #ch2 and 7,c7 in section #gedb1 by striking or to a removal under section #ceib or #ceie of this title and inserting to a removal under section #ceib or #ceie of this title1 to a suspension under section #gejc1 to a removal or transfer under section #geec1 or a removal or transfer under section #gac of title #ch4 7#b7 ,title #ch ,section #gac7;f77#a7 of title #ch1 ,united ,states ,code1 is amended by striking or subchapter ,v and inserting 1 chapter #dc1 or subchapters ,v and ,,vi4 7d7 ,clerical amendment ,the table of sections at the beginning of chapter #ge of title #e1 ,united ,states ,code1 is amended by adding after the item relating to section #gedc the following3 ,subchapter ,,vi--,senior ,executive ,service3 ,expedited ,removal #geea4 ,definitions4 #geeb4 ,actions covered4 #geec4 ,cause and procedure4 #geed4 ,expedited review of appeal4 4 #i4 ,mandatory reassignment of career appointees 7a7 ,in general ,section #ccie7;a7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 7,a7 ,consistent with the requirements of paragraphs 7#a7 and 7#b71 at least once every five years beginning on the date that a career appointee is initially appointed to the ,senior ,executive ,service1 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 programs4 7,b7 ,the head of an agency may waive the requirement under subparagraph 7,a7 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 ,senate4 4 7b7 ,conforming amendment ,section #ccie7;a77#a77;,a7 of title #e1 ,united ,states ,code1 is amended by striking paragraph 7#b7 and inserting paragraphs 7#b7 and 7#c74 7c7 ,effective date ,the amendments made by this section shall take effect #ij days after the date of enactment of this ,act4 ,april #ab1 #bjaf ,committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed