Senior Executive Service Reform Act of 2012 - Amends provisions of federal law relating to the Senior Executive Service (SES) to: (1) reduce from 25% to 15% the number of SES positions at the start of each fiscal year that may be filled by noncareer appointees; (2) require the head of each federal agency to create a position of assistant secretary for administration or management and appoint a career SES employee to fill such position; and (3) require agency heads to appoint career SES employees to positions with direct responsibility for agency-wide functions in acquisition, information technology, and human resources.
Requires each federal agency to: (1) evaluate any SES position that becomes vacant to determine the skills and qualifications necessary for the position, (2) ensure that vacant positions are open for a reasonable period of time and that application requirements are streamlined, (3) ensure that applicants for a vacant position receive timely notification of the status of their application, and (4) take steps to strengthen candidate development programs to prepare aspiring leaders for the SES.
Prohibits the use of quotas or forced distribution of ratings for performance appraisals. Provides for annual pay adjustments for senior executives and other senior employees rated at the fully successful level or higher.
Includes executive performance awards and bonuses in basic pay for purposes of calculating retirement annuities.
Requires a written explanation for an SES performance rating if such rating is lowered from the initial recommendation.
Requires: (1) the Director of the Office of Personnel Management (OPM) to establish a Senior Executive Service Resource Office in OPM to improve the efficiency, effectiveness, and productivity of the SES and its hiring process, advance its professionalism, and promote diversity; (2) senior executives appointed to the SES to create an executive development plan that includes continuing development, training, and mentoring goals; and (3) agency heads to oversee the establishment of an onboarding program to provide new SES appointees an overview of their role and responsibilities, the agency's mission, priorities, and strategic plan, and SES rules and regulations. Allows agencies to establish a rotation program for career SES appointees.
Requires each federal agency to: (1) incorporate in its executive performance plans an objective for holding executives accountable for addressing employee satisfaction; and (2) submit a plan to OPM to enhance and maximize opportunities in SES for the advancement and appointment of minorities, women, and individuals with disabilities.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6042 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6042
To amend title 5, United States Code, to reform the Senior Executive
Service, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 27, 2012
Mr. Moran (for himself, Mr. Connolly of Virginia, and Mr. Van Hollen)
introduced the following bill; which was referred to the Committee on
Oversight and Government Reform
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to reform 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 AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Senior Executive
Service Reform Act of 2012''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
TITLE I--RESTORATION OF CAREER LEADERSHIP
Sec. 101. Senior Executive Service agency appointments.
Sec. 102. Career reserved position designation for certain
administrative or management positions.
TITLE II--SENIOR EXECUTIVE SERVICE SELECTION AND HIRING
Sec. 201. Position assessment.
Sec. 202. Application process and notification requirements.
Sec. 203. Candidate development programs.
TITLE III--SENIOR EXECUTIVE SERVICE PAY AND PERFORMANCE MANAGEMENT
IMPROVEMENT
Sec. 301. Annual adjustment for senior executives and other senior
employees at the fully successful level or
higher.
Sec. 302. Inclusion of executive performance awards and bonuses in
basic pay for retirement annuities.
Sec. 303. Certification of agency performance appraisal systems.
Sec. 304. Transparency of ratings for performance appraisals and rating
reductions of senior executives.
Sec. 305. Transparency of Senior Executive Service rankings and pay.
Sec. 306. Performance plans.
Sec. 307. Effective dates.
TITLE IV--SENIOR EXECUTIVE SERVICE CAREER DEVELOPMENT
Sec. 401. Senior Executive Service Resource Office.
Sec. 402. Senior Executive Service executive development plans.
Sec. 403. Senior executive onboarding programs.
Sec. 404. Senior Executive Service rotation programs.
Sec. 405. Effective date.
TITLE V--SENIOR EXECUTIVE SERVICE DIVERSITY ASSURANCE
Sec. 501. Career appointments.
Sec. 502. Encouraging a more diverse Senior Executive Service.
TITLE I--RESTORATION OF CAREER LEADERSHIP
SEC. 101. SENIOR EXECUTIVE SERVICE AGENCY APPOINTMENTS.
Section 3134 of title 5, United States Code, is amended--
(1) in subsection (b)--
(A) by inserting ``(1)'' after ``(b)''; and
(B) by adding at the end the following:
``(2) The total number of Senior Executive Service positions used
to determine the 10-percent limitation under paragraph (1) for
available positions for noncareer appointees shall be based on filled
Senior Executive Service positions at the start of each fiscal year,
not total authorized positions.'';
(2) in subsection (d)(1), by striking ``25 percent'' and
inserting ``15 percent'';
(3) by redesignating subsection (e) as subsection (f); and
(4) by inserting after subsection (d) the following:
``(e) The total number of Senior Executive Service positions used
to determine the 15-percent limitation under subsection (d)(1) for
available positions for noncareer appointees shall be based on filled
Senior Executive Service positions at the start of each fiscal year,
not total authorized positions.''.
SEC. 102. CAREER RESERVED POSITION DESIGNATION FOR CERTAIN
ADMINISTRATIVE OR MANAGEMENT POSITIONS.
(a) In General.--Chapter 14 of title 5, United States Code, is
amended by adding at the end the following:
``Sec. 1403. Career reserved position designation for certain
administrative or management positions
``(a)(1) The head of each agency referred to under paragraphs (1)
and (2) of section 901(b) of title 31 shall establish a position which
is, or is comparable to, an assistant secretary for administration or
management.
``(2) Each agency assistant secretary for administration or
management, or incumbent of a comparable position, shall--
``(A) be appointed in accordance with the law, or if no law
provides for that appointment, by the head of the agency;
``(B) be a member of the career Senior Executive Service;
``(C) be appointed or designated, as applicable, from among
individuals who possess demonstrated ability in general
management of, and knowledge of, and extensive practical
experience in areas such as, procurement, human capital,
information technology, and related matters; and
``(D) perform such duties as the head of the agency shall
prescribe.
``(b) If the individual serving in any position of assistant
secretary or in any comparable position in an agency described under
subsection (a) is not a career appointee as defined under section
3132(a)(4), the head of that agency shall appoint a career appointee to
the position of the principal deputy to that assistant secretary or the
officer in that comparable position.
``(c) The head of each agency shall appoint a career appointee to
the positions which entail direct responsibility for agency-wide
programs or functions in the following occupational disciplines:
``(1) Acquisition.
``(2) Information Technology.
``(3) Human Resources.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 14 of title 5, United States Code, is amended by inserting
after the item relating to section 1402 the following:
``Sec. 1403. Career reserved position designation for certain
administrative or management positions.''.
(c) Regulations.--The Office of Personnel Management shall
prescribe regulations to carry out this section.
TITLE II--SENIOR EXECUTIVE SERVICE SELECTION AND HIRING
SEC. 201. POSITION ASSESSMENT.
(a) In General.--When a position becomes vacant, each agency shall
evaluate the position to determine the skills and qualifications
necessary for the position.
(b) Actions To Be Taken if Requirements Not Met.--
(1) Reclassification.--If the position is found not to meet
the requirements of section 3132(a)(2) of title 5, United
States Code, it should be reclassified as a Senior Leader or
Senior Technical position.
(2) Increased allocation.--The Office of Personnel
Management shall increase the allocation of Senior Leader and
Senior Technical positions to support the proper classification
of positions.
SEC. 202. APPLICATION PROCESS AND NOTIFICATION REQUIREMENTS.
(a) Application Process.--Not later than 180 days after the date of
enactment of this Act, the head of each agency shall, in consultation
with the Office of Personnel Management and the Office of Management
and Budget, ensure that processes are implemented--
(1) to ensure that positions that are on the announcements
of vacant positions are open for a reasonable period of time,
as determined by the head of the agency, to afford time for
applicants from diverse backgrounds to submit an application;
(2) to allow applicants to submit a cover letter, resume,
and answers to brief questions, such as questions relating to
United States citizenship and veterans status, to complete an
initial application;
(3) to ensure that lengthy written Executive Core
Qualification narratives are not required as part of an initial
application;
(4) to ensure that the submission of additional material in
support of an application is not required, unless necessary to
complete the hiring process; and
(5) to include the hiring manager in all parts of the
hiring process, including--
(A) determining skills, competencies, and job
responsibilities;
(B) targeted recruitment;
(C) drafting the announcement of the vacant
position;
(D) review of the initial applications;
(E) interviewing the applicants; and
(F) the final decisionmaking process.
(b) Notification Requirements.--
(1) In general.--The head of each agency shall ensure that
there are mechanisms under which each applicant for a vacant
position shall receive timely notification of the status of
such application or provide the applicant the ability to check
on the status of such application.
(2) Applicants not selected.--The agency shall provide
notification to any applicant who is not offered employment, to
the effect that the position sought by such applicant is no
longer open, not later than 10 business days after the date on
which--
(A) a candidate has accepted an offer of
employment; or
(B) the announcement of the vacant position has
been cancelled.
SEC. 203. CANDIDATE DEVELOPMENT PROGRAMS.
(a) In General.--Agencies shall take steps to strengthen Candidate
Development Programs to prepare aspiring leaders for the Senior
Executive Service.
(b) Succession Plans.--Agencies shall align Candidate Development
Programs with agency succession plans to ensure an adequate pipeline of
qualified individuals who are well prepared for positions in the Senior
Executive Service.
(c) Rotational Experience.--To improve the quality of the
rotational experience, agencies shall--
(1) involve executive advocates and coaches in advising,
selecting and securing rotational assignments for participants;
(2) establish rotational onboarding programs to ease the
cultural transition;
(3) expand the minimum length of rotation to 180 days to
ensure an opportunity to accomplish results;
(4) design Candidate Development Program rotations that
provide executive level responsibility; and
(5) provide reorientation for Candidate Development Program
participants when they return to their home position.
(d) Mentors.--Agencies shall assign mentors at the time of program
selection for the duration of the Candidate Development Program.
TITLE III--SENIOR EXECUTIVE SERVICE PAY AND PERFORMANCE MANAGEMENT
IMPROVEMENT
SEC. 301. ANNUAL ADJUSTMENT FOR SENIOR EXECUTIVES AND OTHER SENIOR
EMPLOYEES AT THE FULLY SUCCESSFUL LEVEL OR HIGHER.
(a) Prohibition on Quotas and Forced Distributions.--Section 4314
of title 5, United States Code, is amended by adding at the end the
following:
``(d) Any determination under this section shall be made without
the use of any quota or forced distribution of ratings.''.
(b) Pay for Certain Senior-Level Positions.--Section 5376(b) of
title 5, United States Code, is amended by striking paragraph (2) and
inserting the following:
``(2)(A) Subject to paragraph (1), effective at the beginning of
the first applicable pay period commencing on or after the first day of
the month in which an adjustment takes effect under section 5303 in the
rates of pay under the General Schedule, each rate of pay established
under this section for positions within an agency shall be adjusted, in
the case of an employee in such a position whose most recent
performance appraisal rating is the equivalent of fully successful or
higher, by the total average adjustment in rates of pay authorized by
sections 5303 and 5304.
``(B) Subject to paragraph (1), subparagraph (A) shall not limit
the authorization of an annual adjustment based on performance or
contribution to agency mission that is greater than the amount provided
for in this section.''.
(c) Setting Senior Executive Pay.--Section 5383 of title 5, United
States Code, is amended by striking subsection (c) and inserting the
following:
``(c)(1) Effective at the beginning of the first applicable pay
period commencing on or after the first day of the month in which an
adjustment takes effect under sections 5303 and 5304 in the rates of
pay under the General Schedule, each rate of pay established under this
section for positions within an agency shall be adjusted, in the case
of an employee in such a position whose most recent performance
appraisal rating is the equivalent of fully successful or higher, by
the total average adjustment in rates of pay authorized by sections
5303 and 5304.
``(2) Subject to paragraph (1), this subsection shall not limit the
authorization of an annual adjustment based on performance or
contribution to agency mission that is greater than the amount provided
for in this section.
``(3) This subsection shall comply with any requirement established
under section 5382.
``(4) Except as provided under paragraph (3), this subsection shall
not limit the head of an agency from authorizing an annual adjustment
that is greater than the amount provided for in this section.''.
(d) Setting Individual Senior-Level Pay.--Section 5383(e) of title
5, United States Code, is amended by adding at the end the following:
``(3)(A) In this paragraph, the term `covered appointee' means--
``(i) an appointee to a senior level position described
under section 5376(a)(1) or (2); or
``(ii) an appointee to the FBI-DEA Senior Executive Service
established under section 3151.
``(B) Paragraphs (1) and (2) shall apply to covered appointees--
``(i) by substituting `covered appointee' for `career
appointee'; and
``(ii) by substituting `a career position as a covered
appointee' for `a career reserved position in the Senior
Executive Service'.''.
SEC. 302. INCLUSION OF EXECUTIVE PERFORMANCE AWARDS AND BONUSES IN
BASIC PAY FOR RETIREMENT ANNUITIES.
(a) Definition of Basic Pay.--Section 8331(3) of title 5, United
States Code, is amended--
(1) in subparagraph (G), by striking ``and'' after the
semicolon;
(2) in the matter following subparagraph (H), by striking
``subparagraphs (B) through (H)'' and inserting ``subparagraphs
(B) through (J)''; and
(3) by inserting after subparagraph (H) the following:
``(I) with respect to a member of the Senior
Executive Service, performance awards under section
5384; and
``(J) with respect to a senior executive as defined
under section 3132(a)(3), a member of the FBI-DEA
Senior Executive Service established under section
3151, and senior level positions compensated under
section 5376--
``(i) agency awards under section 4503;
``(ii) performance awards under section
4505a;
``(iii) bonuses under section 5754; and
``(iv) bonuses under section 5753;''.
(b) Application.--The amendments made by this section shall apply
only to bonuses and awards granted to an employee after the date of
enactment of this Act.
SEC. 303. CERTIFICATION OF AGENCY PERFORMANCE APPRAISAL SYSTEMS.
Section 5307(d)(3) of title 5, United States Code, is amended--
(1) in subparagraph (A), by striking ``and the Office of
Management and Budget jointly'';
(2) in subparagraph (B), by striking ``not to exceed 24
months'' and inserting ``of 36 months'';
(3) in subparagraph (C), by striking ``, with the
concurrence of the Office of Management and Budget''; and
(4) by adding at the end the following:
``(D)(i) The Office of Personnel Management may annually review the
information provided by agencies under section 4314(c)(6) to determine
whether the agency meets minimum certification requirements.
``(ii) At the discretion of the Office, the Office may review the
certification of an agency and request the agency to submit information
to support certification at any time during the certification period.
``(E)(i) An agency that has received certification from the Office
of Personnel Management shall not make changes to that agency's
performance appraisal system without approval from the Office of
Personnel Management.
``(ii) The Office of Personnel Management shall review annual
performance plans to ensure agency compliance and implementation.
``(F) The termination of certification during the certification
period shall be preceded by--
``(i) notification from the Office of Personnel Management
to an agency about what the agency is required to do to
continue its certification; and
``(ii) a reasonable period of time following the
notification referred to under clause (i) to take corrective
action.''.
SEC. 304. TRANSPARENCY OF RATINGS FOR PERFORMANCE APPRAISALS AND RATING
REDUCTIONS OF SENIOR EXECUTIVES.
Section 4314(c) of title 5, United States Code, is amended--
(1) in paragraph (2)--
(A) by inserting ``(A)'' after ``(1)''; and
(B) by adding at the end the following:
``(B) When recommending a lower rating than was assigned in the
initial appraisal of a senior executive's performance, a written
explanation providing reasons for the lower rating shall be provided to
the senior executive by the board not later than the date the
recommendation is made.'';
(2) in paragraph (3), by inserting after the period the
following: ``Not later than 30 days after an appraisal and
rating is made for a senior executive, the agency shall provide
the senior executive with notification of that appraisal and
rating, including, as applicable, a written explanation of
reasons why a lower rating is assigned than is recommended by
the board.''; and
(3) by adding at the end the following:
``(6)(A)(i) Each agency having 10 or more career appointees shall
annually publish on the agency Web site the overall number of ratings
awarded to members of the Senior Executive Service at each performance
rating level, including--
``(I) the average overall salary adjustment at each
level;
``(II) the minimum and maximum adjustment at each
level;
``(III) the percentage of senior executives at each
rating level who received the minimum and maximum
salary adjustment; and
``(IV) the number of senior executives who received
performance awards under section 5384 and the average
amount of those awards.
``(ii) Rating levels and salary adjustment information under clause
(i) shall be provided separately for career and noncareer senior
executives in agencies having 10 or more noncareer senior executives.
``(B) Each agency shall annually publish on the agency Web site an
internal plan which describes a system for determining Senior Executive
Service salary and bonus amounts.''.
SEC. 305. TRANSPARENCY OF SENIOR EXECUTIVE SERVICE RANKINGS AND PAY.
(a) In General.--Chapter 43 of title 5, United States Code, is
amended--
(1) by redesignating section 4315 as section 4316;
(2) in section 4312(c)(3), by striking ``4315'' and
inserting ``4316''; and
(3) by inserting after section 4314 the following:
``Sec. 4315. Survey on the transparency of Senior Executive Service
performance management and pay
``In consultation with the organization representing the largest
number of senior executives, the Merit Systems Protection Board shall,
every 2 years, conduct and publish the results of a survey of career
appointees relating to--
``(1) the level of transparency and availability of agency
performance appraisal systems and compensation policies to
career appointees;
``(2) the use or perceived use of quotas or forced
distribution in the application of the agency performance
appraisal system;
``(3) any actual or perceived irregularities with the
administration of the Senior Executive Service performance
appraisal system; and
``(4) such other factors as the Merit Systems Protection
Board shall determine are necessary and appropriate.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 43 of title 5, United States Code, is amended by striking the
item relating to section 4315 and inserting the following:
``Sec. 4315. Survey on the transparency of Senior Executive Service
performance management and pay.
``Sec. 4316. Regulations.''.
SEC. 306. PERFORMANCE PLANS.
Each agency shall incorporate in its executive performance plans an
objective for holding executives accountable for addressing employee
satisfaction.
SEC. 307. EFFECTIVE DATES.
(a) In General.--Except as provided under subsection (b), the
amendments made by this title shall take effect 180 days after the date
of enactment of this Act.
(b) Certification of Agency Performance Appraisal Systems.--The
amendments made by section 304 shall take effect on the date of
enactment of this Act.
TITLE IV--SENIOR EXECUTIVE SERVICE CAREER DEVELOPMENT
SEC. 401. SENIOR EXECUTIVE SERVICE RESOURCE OFFICE.
(a) Definitions.--In this section--
(1) the term ``Director'' means the Director of the Office
of Personnel Management;
(2) the term ``Senior Executive Service'' has the meaning
given under section 2101a of title 5, United States Code;
(3) the terms ``agency'' and ``career reserved position''
have the meanings given under section 3132 of title 5, United
States Code; and
(4) the term ``SES Resource Office'' means the Senior
Executive Service Resource Office established under subsection
(b).
(b) Establishment.--The Director shall establish within the Office
of Personnel Management an office to be known as the Senior Executive
Service Resource Office.
(c) Mission.--The mission of the SES Resource Office shall be--
(1) to improve the efficiency, effectiveness, and
productivity of the Senior Executive Service through policy
formulation and oversight;
(2) to advance the professionalism of the Senior Executive
Service; and
(3) to seek to achieve a Senior Executive Service
reflective of the Nation's diversity.
(d) Functions.--
(1) In general.--The functions of the SES Resource Office
are--
(A) to make recommendations to the Director with
respect to regulations; and
(B) to provide guidance to agencies concerning the
structure, management, and diverse composition of the
Senior Executive Service.
(2) Specific functions.--In order to carry out the purposes
of this section, the SES Resource Office shall--
(A) take such actions as the SES Resource Office
considers necessary to manage and promote an efficient,
elite, and diverse corps of senior executives by
providing oversight of the onboarding, performance,
structure, composition, and candidate development of
the Senior Executive Service, including the Senior
Executive Service Federal Candidate Development
Program;
(B) be responsible for coordinating, promoting, and
monitoring programs for the advancement and training of
senior executives, including mentoring programs;
(C) be responsible for the policy development,
management, and oversight of the Senior Executive
Service pay and performance management system;
(D) develop standards for certification of each
agency's Senior Executive Service performance
management system and evaluate all agency applications
for certification;
(E) provide oversight of, and guidance to, agency
executive resources boards;
(F) be responsible for the administration of the
qualifications review board;
(G) establish and maintain annual statistics (in a
form that renders such statistics useful to appointing
authorities and candidates) on--
(i) the total number of career reserved
positions at each agency;
(ii) the total number of vacant career
reserved positions at each agency;
(iii) the amount of time it takes to hire a
candidate into a career reserved position;
(iv) applicant satisfaction with the hiring
process, including clarity of the announcement,
user-friendliness of the application process,
communication regarding status of application
and timeliness of decision, as determined
through applicant satisfaction surveys;
(v) hiring manager satisfaction with the
quality of the applicants, the hiring process
itself and the hiring outcomes, as determined
through hiring manager surveys;
(vi) new hire satisfaction with the hiring
process and onboarding experience, as
determined through new hire surveys;
(vii) Candidate Development Program
participant satisfaction with the program,
including the rotational experience, as
determined through surveys;
(viii) the quality of Candidate Development
Program participant performance, as determined
through surveys;
(ix) the number of Candidate Development
Program participants placed in executive
positions;
(x) the number of individuals who have been
certified in accordance with section 3393(c) of
title 5, United States Code, and the
composition of that group of individuals with
regard to race, ethnicity, sex, age, and
individuals with disabilities;
(xi) the composition of the Senior
Executive Service with regard to race,
ethnicity, sex, age, and individuals with
disabilities;
(xii) the composition of executive
resources boards with regard to race,
ethnicity, sex, and individuals with
disabilities;
(xiii) the composition of qualifications
review boards with regard to race, ethnicity,
sex, and individuals with disabilities;
(xiv) the number of individuals who
participate in agency rotation programs,
including the number rotated to another office
within the current agency, another agency or
another sector;
(xv) the number of SES that came to the
agency from another office, agency or sector;
and
(xvi) the quality of the rotation
experience, as determined through participant
and supervisor surveys;
(H) make available to the public through the
official public Internet site of the Office of
Personnel Management, the data collected under
subparagraph (G);
(I) conduct a continuing program for the
recruitment of women, members of racial and ethnic
minority groups, and individuals with disabilities for
Senior Executive Service positions, with special
efforts directed at recruiting from educational
institutions, professional associations, and other
sources;
(J) advise agencies on the best practices for an
agency in utilizing or consulting with an agency's
equal employment or diversity office or official (if
the agency has such an office or official) with regard
to the agency's Senior Executive Service appointment
process;
(K) evaluate and implement strategies to ensure
that agencies conduct appropriate outreach to other
agencies and sectors to identify candidates for Senior
Executive Service positions; and
(L) administer an online survey to all individuals
leaving a position in the Senior Executive Service to
better understand the reasons for the departure--
(i) which shall--
(I) at a minimum request
information regarding--
(aa) the reason for
departure;
(bb) plans for subsequent
employment; and
(cc) suggestions for
improving the effectiveness of
senior executives within the
agency in which the individual
serves and the Federal
Government; and
(II) be incorporated into strategic
planning by agencies, in coordination
with the Office of Personnel
Management; and
(ii) the results of which shall be made
available to the public on a semiannual basis
through the official public Internet site of
the Office of Personnel Management.
(e) Protection of Individually Identifiable Information.--For
purposes of subparagraphs (H) and (K)(ii) of subsection (d)(2), the SES
Resource Office shall combine data for any agency that is not named in
section 901(b) of title 31, United States Code, to protect individually
identifiable information.
(f) Cooperation of Agencies.--The head of each agency shall provide
the Office of Personnel Management with such information as the SES
Resource Office may require in order to carry out subsection (d)(2)(G).
SEC. 402. SENIOR EXECUTIVE SERVICE EXECUTIVE DEVELOPMENT PLANS.
(a) Executive Development Plans.--Section 3396 of title 5, United
States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c)(1) Upon appointment into the Senior Executive Service, each
senior executive shall create an executive development plan that
includes continuing development, training, and mentoring goals. The
plan shall be submitted to the head of the agency for approval. Each
senior executive shall update their executive development plan on a
regular basis.
``(2) The Office shall establish standards for multiyear executive
development plans.''.
(b) Technical and Conforming Amendment.--Section 3151(a)(7) of
title 5, United States Code, is amended by striking ``section 3396(c)''
and inserting ``section 3396(d)''.
SEC. 403. SENIOR EXECUTIVE ONBOARDING PROGRAMS.
Section 3396 of title 5, United States Code (as amended by section
402) is further amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following:
``(d)(1) In consultation with the Office of Personnel Management,
the head of each agency shall oversee the establishment of an
onboarding program for newly appointed career appointees and noncareer
appointees.
``(2)(A) Except as provided in subparagraph (B), not later than 180
days after the date of an initial appointment, each career appointee or
noncareer appointee shall be required to successfully complete an
onboarding program established under this subsection.
``(B)(i) A position described under section 5312 or 5313 may be
exempt from the requirement under subparagraph (A).
``(ii) In addition to positions described in clause (i), the head
of an agency may exempt appointees in very senior positions at the
agency from the requirement under subparagraph (A).
``(C) The Office of Personnel Management shall establish criteria
for determining which positions are very senior for purposes of this
paragraph.
``(3) Each agency onboarding program shall include--
``(A) an overview of the mission, priorities, and strategic
plan of the agency;
``(B) the role and responsibilities for each new appointee;
``(C) a review of individual performance objectives and
goal setting;
``(D) goals for mentoring candidates for the Senior
Executive Service;
``(E) an overview of the rules and regulations governing
the Senior Executive Service;
``(F) an introduction to talent management, including a
review of the agency's workforce plan, efforts to recruit,
develop and motivate talent, and tools for rewarding high-
performers; and
``(G) other components the head of the agency or the Office
determines necessary.
``(4) The Office of Personnel Management shall also provide an
onboarding program for newly appointed career appointees and noncareer
appointees which shall include--
``(A) an introduction to key Federal management challenges,
including effective communication, goal alignment, engaging
employees and leading high-performance teams;
``(B) an introduction to performance management, including
aligning organizational and individual performance and using
data to drive results;
``(C) an overview of how to work effectively across
agencies and sectors and engage diverse stakeholders in
achieving high priority goals for government; and
``(D) an introduction to how to work with career and
political appointees effectively.''.
SEC. 404. SENIOR EXECUTIVE SERVICE ROTATION PROGRAMS.
Section 3396 of title 5, United States Code (as amended by sections
402 and 403) is further amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (d) the following:
``(e)(1)(A) In consultation with the Office of Personnel
Management, an agency may establish a program to provide for
interagency, intergovernmental, and intersector rotation programs for
career appointees and potential career appointees in the Senior
Executive Service, senior positions, and managers showing leadership
potential. The rotation programs established under this section shall
adhere to the principles of the Senior Executive Service by
strengthening collaboration and building interagency relationships.
``(B)(i) In consultation with the Chief Privacy Officer of the
Office of Personnel Management, the Office shall establish a
centralized database for agencies establishing rotation programs under
subparagraph (A) that--
``(I) contains information on each senior executive as
defined under section 3132, including information on education,
experience, training, and professional development interests;
and
``(II) shall serve as a profile registry to be used by
agencies and senior executives in making rotation decisions.
``(ii) The Office shall prescribe regulations to carry out this
subparagraph, including regulations to establish the database and
provide for oversight, management, and administration of the database.
``(C) Each agency shall allow a senior executive the right of
return from a temporary rotation detail or assignment that is not a
reassignment or transfer without a loss of status and seniority.
``(2) Senior Executive Service rotations may be accomplished
through the use of--
``(A) extended details;
``(B) task force assignments and interagency projects;
``(C) sabbaticals, details, or exchanges to the private
sector in accordance with subsection (c);
``(D) programs established under the Intergovernmental
Personnel Act of 1970 (42 U.S.C. 4701 note);
``(E) the Information Technology Exchange Program; or
``(F) other public or private exchange programs as
established by law or by administrative action.
``(3) Any career appointee in an agency may be granted a detail or
sabbatical under this subsection if the appointee agrees, as a
condition of accepting the detail or sabbatical, to serve in the civil
service upon the completion of the detail or sabbatical for a period
equal to the period of the detail or sabbatical.
``(4) The Office shall publish guidelines for specific objectives
and desired results that should be obtained by a senior executive who
receives a rotation assignment.
``(5)(A) Except as provided under subparagraph (B), an agency may
not require participation in a rotation program as a precondition for
an appointment to a career reserved position as defined under section
3132.
``(B) Subparagraph (A) shall not apply if the agency, under
regulations prescribed by the Office--
``(i) provides adequate notice of a requirement to
participate in a rotation program to candidates within the
agency;
``(ii) makes opportunities under a rotation program
available to those candidates; and
``(iii) provides a phase-in period for candidates to meet
the rotation requirement.
``(C) The Office shall prescribe regulations to carry out this
paragraph.''.
SEC. 405. EFFECTIVE DATE.
The amendments made by this title shall take effect 180 days after
the date of enactment of this Act.
TITLE V--SENIOR EXECUTIVE SERVICE DIVERSITY ASSURANCE
SEC. 501. CAREER APPOINTMENTS.
(a) Promoting Diversity in the Career Appointment Process.--Section
3393(b) of title 5, United States Code, is amended by inserting after
the first sentence the following: ``In establishing an executive
resources board, the head of the agency shall, to the extent
practicable, ensure diversity of the board and of any subgroup thereof
or other evaluation panel related to the merit staffing process for
career appointees, by including members of racial and ethnic minority
groups, women, and individuals with disabilities.''.
(b) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Director shall prescribe regulations to carry out the
amendment made by subsection (a).
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Director shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of Representatives a
report evaluating agency efforts to improve diversity in executive
resources boards based on the information collected by the SES Resource
Office under clauses (xii) and (xiii) of section 401(d)(2)(G).
SEC. 502. ENCOURAGING A MORE DIVERSE SENIOR EXECUTIVE SERVICE.
(a) Senior Executive Service Diversity Plans.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, each agency, in consultation with the
Office of Personnel Management and the Chief Human Capital
Officers Council, shall submit to the Office of Personnel
Management a plan to enhance and maximize opportunities for the
advancement and appointment of minorities, women, and
individuals with disabilities in the agency to the Senior
Executive Service. Agency plans shall be reflected in the
strategic human capital plan.
(2) Contents.--Agency plans shall address how the agency is
identifying and eliminating barriers that impair the ability of
minorities, women, and individuals with disabilities to obtain
appointments to the Senior Executive Service and any actions
the agency is taking to provide advancement opportunities,
including--
(A) conducting outreach to minorities, women, and
individuals within the agency and outside the agency;
(B) establishing and maintaining training and
education programs to foster leadership development;
(C) identifying career enhancing opportunities for
agency employees;
(D) assessing internal availability of candidates
for Senior Executive Service positions; and
(E) conducting an inventory of employee skills and
addressing current and potential gaps in skills and the
distribution of skills.
(3) Update of agency plans.--Agency plans shall be updated
at least every 2 years during the 10 years following enactment
of this Act. An agency plan shall be reviewed by the Office of
Personnel Management and, if determined to provide sufficient
assurances, procedures, and commitments to provide adequate
opportunities for the advancement and appointment of
minorities, women, and individuals with disabilities to the
Senior Executive Service, shall be approved by such Office. An
agency may, in updating its plan, submit to the Office of
Personnel Management an assessment of the impacts of the plan.
(b) Summary and Evaluation.--Not later than 180 days after the
deadline for the submission of any report or update under subsection
(a), the Director shall transmit to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on Oversight
and Government Reform of the House of Representatives a report
summarizing and evaluating the agency plans or updates (as the case may
be) so submitted.
(c) Coordination.--The Office of Personnel Management shall, in
carrying out subsection (a), evaluate existing requirements under
section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) and
section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and
determine how agency reporting can be performed so as to be consistent
with, but not duplicative of, such sections and any other similar
requirements.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E1152)
Referred to the House Committee on Oversight and Government Reform.
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