Proposed Bill to Abolish the Senior Executive Service (SES)
Title:
A Bill to Abolish the Senior Executive Service and Reform Federal Executive Personnel Management
Preamble:
Whereas the Senior Executive Service (SES) was created under the Civil Service Reform Act of 1978 to provide a cadre of executive-level managers within the federal government, the system has faced criticism for inefficiency, lack of accountability, collusion , corruption, and nepotism, and fostering bureaucratic stagnation. To improve the efficiency, accountability, and flexibility of federal executive management, this Act seeks to eliminate the SES and provide for alternative mechanisms for the appointment, performance evaluation, and compensation of federal executives.
Section 1: Short Title
This Act may be cited as the “Federal Executive Personnel Reform Act of 2024.”
Section 2: Definitions
(a) “Senior Executive Service” (SES) refers to the personnel system established under Title 5, U.S. Code, § 3131, for executive management positions in federal agencies.
(b) “Executive-level employees” refer to individuals in positions classified at or equivalent to the SES.
(c) “Federal agency” refers to any department, agency, bureau, or office of the federal government.
Section 3: Abolishment of the Senior Executive Service
(a) The Senior Executive Service, as established by Title 5, U.S. Code, Chapter 31, Subchapter II, is hereby abolished, effective 180 days after the enactment of this Act.
(b) All provisions of law related to the creation, management, and governance of the SES, including but not limited to § 3131 through § 3136 of Title 5, are repealed.
(c) All current SES employees shall have their positions reclassified as either Schedule C, competitive service, or excepted service positions within the federal government, as appropriate to the nature of their duties, within 180 days of the enactment of this Act.
Section 4: Transition and Reclassification of SES Employees
(a) Within 90 days of enactment, each federal agency employing SES members shall submit a plan to the Office of Personnel Management (OPM) to reclassify SES positions. This plan shall include:
(1) A review of each position held by SES employees to determine whether it shall be transferred to competitive service, Schedule C, or excepted service.
(2) A process for reclassifying or eliminating positions deemed redundant or unnecessary.
(b) SES employees whose positions are reclassified under this Act shall have the option to:
(1) Transition to the new classification with corresponding pay and benefits adjustments, or
(2) Accept a severance package, which shall include a one-time payment based on years of service, and access to federal retirement benefits.
(c) Any position not reclassified within the 180-day period shall be deemed vacant.
Section 5: Executive Compensation and Accountability Reforms
(a) The Office of Personnel Management (OPM) shall, within 120 days of enactment, establish new guidelines for executive-level compensation in the federal workforce, ensuring that pay scales are aligned with the competitive service and performance-based criteria.
(b) Federal agencies shall implement enhanced performance evaluation systems for reclassified executive employees, which shall include:
(1) Clear performance metrics tied to agency goals and objectives,
(2) A review process for underperforming executives, including the option for reassignment, demotion, or dismissal for poor performance, and
(3) Annual public reporting of executive performance outcomes.
(c) Agencies may not use pay retention rules that allow former SES employees to keep their SES salaries if reclassified to lower-level positions.
Section 6: Limitation on Future Executive Positions
(a) Federal agencies are prohibited from creating new executive management positions classified as SES or equivalent after the enactment of this Act.
(b) New executive positions must be filled under existing competitive service or excepted service regulations, subject to OPM oversight.
Section 7: Reporting and Oversight
(a) The Government Accountability Office (GAO) shall, one year after the enactment of this Act, conduct a review of the implementation of this Act, including the efficiency of the transition, the effect on executive performance, and any cost savings.
(b) OPM shall provide quarterly reports to Congress on the status of the SES transition, including the number of reclassified positions and severance packages awarded.
Section 8: Effective Date
This Act shall take effect immediately upon its passage, except as otherwise provided herein.
Rationale:
This bill aims to dismantle the SES system and address inefficiencies by reclassifying positions, introducing stricter performance metrics, and ensuring that executive-level roles in federal agencies are held accountable. It also seeks to simplify federal executive personnel management, reduce bureaucratic redundancy, and foster a performance-driven culture.