H.R. 5169 — what changed
Senior Executive Service Accountability Act
From Reported in House to Engrossed in House. 1 section amended and 1 removed between Reported in House and Engrossed in House.
Sec. 6 Amendments to adverse action provisions with respect to career appointees in the Senior Executive Service
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”
Modification of cause and procedure for suspension and termination—
In general— Section 7543 of title 5, United States Code, is amended—
changed
in subsection (a), by striking “misconduct,” and inserting “such cause as would promote the efficiency of the service, misconduct,”; andmisconduct,”;
changed
in subsection (b)(1), (b)(4), by striking “30” and inserting “15”.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)”;
added
by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively;
added
by inserting after subsection (b) the following:
added “(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.”
added
by adding at the end the following:
added “(g)
added “(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—
added “(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
added “(B) have removed from such employee’s credit any annual leave accrued during such period.
added “(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.”
Conforming amendments— Subchapter V of chapter 35 of title 5, United States Code, is amended—
in section 3593—
in subsection (a)(2), by striking “misconduct,” and inserting “such cause as would promote the efficiency of the service, misconduct,”; and
in subsection (b), by striking “misconduct,” and inserting “such cause as would promote the efficiency of the service, misconduct,”; and
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 in the Senior Executive Service
removed
removed
In general— Subchapter II of chapter 63 of title 5, United States Code, is amended by adding at the end the following:
removed
“6329. Mandatory leave for Senior Executive Service career appointees
removed
“(a) In this section—
removed
“(1) the term “employee” means—
removed
“(A) a career appointee in the Senior Executive Service who—
removed
“(i) has completed the probationary period prescribed under section 3393(d) of this title; or
removed
“(ii) was covered by the provisions of subchapter II of chapter 75 of this title immediately before appointment to the Senior Executive Service; and
removed
“(B) who has received written notice of removal from the civil service under subchapter V of chapter 75 of this title; and
removed
“(2) the term “mandatory leave” means, with respect to an employee, an absence with pay but without duty during which such employee—
removed
“(A) shall be charged accrued annual leave for the period of such absence; and
removed
“(B) may not accrue any annual leave under section 6303 for the period of such absence.
removed
“(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.
removed
“(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.
removed
“(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.”
removed
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:
removed
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).