[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2148 Reported in Senate (RS)]






                                                      Calendar No. 1108
110th CONGRESS
  2d Session
                                S. 2148

                          [Report No. 110-517]

    To provide for greater diversity within, and to improve policy 
       direction and oversight of, the Senior Executive Service.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 4, 2007

   Mr. Akaka introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

            October 1 (legislative day, September 17), 2008

              Reported by Mr. Lieberman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
    To provide for greater diversity within, and to improve policy 
       direction and oversight of, the Senior Executive Service.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Senior Executive Service 
Diversity Assurance Act''.</DELETED>

<DELETED>SEC. 2. SENIOR EXECUTIVE SERVICE RESOURCE OFFICE.</DELETED>

<DELETED>    (a) Definitions.--For purposes of this section--</DELETED>
        <DELETED>    (1) the term ``Director'' means the Director of 
        the Office of Personnel Management;</DELETED>
        <DELETED>    (2) the term ``Senior Executive Service'' has the 
        meaning given such term by section 2101a of title 5, United 
        States Code;</DELETED>
        <DELETED>    (3) the terms ``agency'', ``career appointee'', 
        and ``career reserved position'' have the meanings given them 
        by section 3132 of title 5, United States Code; and</DELETED>
        <DELETED>    (4) the term ``SES Resource Office'' means the 
        Senior Executive Service Resource Office, established under 
        subsection (b).</DELETED>
<DELETED>    (b) Establishment.--Not later than January 1, 2009, the 
Director shall establish within the Office of Personnel Management an 
office to be known as the Senior Executive Service Resource Office. The 
mission of the SES Resource Office shall be--</DELETED>
        <DELETED>    (1) to improve the efficiency, effectiveness, and 
        productivity of the Senior Executive Service through policy 
        formulation and oversight;</DELETED>
        <DELETED>    (2) to advance the professionalism of the Senior 
        Executive Service; and</DELETED>
        <DELETED>    (3) to ensure that, in seeking to achieve a Senior 
        Executive Service reflective of the Nation's diversity, 
        recruitment is from qualified individuals from appropriate 
        sources.</DELETED>
<DELETED>    (c) Functions.--It shall be the function of the SES 
Resource Office to make recommendations to the Director with respect to 
regulations, and to provide guidance to agencies, concerning the 
structure, management, and diverse composition of the Senior Executive 
Service. In order to carry out the purposes of this section, the SES 
Resource Office shall--</DELETED>
        <DELETED>    (1) take such actions as the SES Resource Office 
        considers necessary to manage and promote an efficient, elite, 
        and diverse corps of senior executives by--</DELETED>
                <DELETED>    (A) creating policies for the management 
                and improvement of the Senior Executive 
                Service;</DELETED>
                <DELETED>    (B) providing oversight of the 
                performance, structure, and composition of the Senior 
                Executive Service; and</DELETED>
                <DELETED>    (C) providing guidance and oversight to 
                agencies in the management of senior executives and 
                candidates for the Senior Executive Service;</DELETED>
        <DELETED>    (2) be responsible for the policy development, 
        management, and oversight of the Senior Executive Service pay 
        system;</DELETED>
        <DELETED>    (3) develop standards for certification of each 
        agency's Senior Executive Service performance management system 
        and evaluate all agency applications for 
        certification;</DELETED>
        <DELETED>    (4) be responsible for developing and monitoring 
        programs for the advancement and training of senior executives, 
        including the Senior Executive Service Federal Candidate 
        Development Program;</DELETED>
        <DELETED>    (5) provide oversight of and guidance to agency 
        executive resources boards;</DELETED>
        <DELETED>    (6) be responsible for the administration of the 
        qualifications review board;</DELETED>
        <DELETED>    (7) establish and maintain lists (in a form that 
        renders them useful to appointing authorities and candidates) 
        of--</DELETED>
                <DELETED>    (A) the total number of career reserved 
                positions at each agency;</DELETED>
                <DELETED>    (B) the total number of vacant career 
                reserved positions at each agency;</DELETED>
                <DELETED>    (C) whether candidates are being sought 
                for each such vacant position; and</DELETED>
                <DELETED>    (D) the names and (to the extent 
                available) the race, ethnicity, gender, and any 
                disabilities of individuals who have been certified, in 
                accordance with section 3393(d) of title 5, United 
                States Code (as so redesignated by section 3(a)), as 
                having the executive qualifications necessary for 
                initial appointment as a career appointee;</DELETED>
        <DELETED>    (8) establish mentoring programs for individuals 
        described in paragraph (7)(D);</DELETED>
        <DELETED>    (9) collect and maintain statistics relating to 
        the composition of the Senior Executive Service based on race, 
        ethnicity, gender, age, and persons with 
        disabilities;</DELETED>
        <DELETED>    (10) publish annually in the Federal Register 
        statistics relating to--</DELETED>
                <DELETED>    (A) the data collected by the SES Resource 
                Office under paragraph (7); and</DELETED>
                <DELETED>    (B) the composition of the Senior 
                Executive Service based on the factors listed in 
                paragraph (7)(D); and</DELETED>
        <DELETED>    (11) conduct a continuing program for the 
        recruitment of women, members of racial and ethnic minority 
        groups, and the disabled for Senior Executive Service 
        positions, with special efforts directed at recruiting from 
        educational institutions, professional associations, and other 
        sources.</DELETED>
<DELETED>    (d) Public Access to Statistics.--The SES Resource Office 
shall make the statistics under subsection (c)(10) accessible to the 
public through an Internet website.</DELETED>

<DELETED>SEC. 3. CAREER APPOINTMENTS.</DELETED>

<DELETED>    (a) Establishment and Role of SES Evaluation Panels.--
Section 3393 of title 5, United States Code, is amended--</DELETED>
        <DELETED>    (1) by redesignating subsections (b) through (g) 
        as subsections (c) through (h), respectively; and</DELETED>
        <DELETED>    (2) by inserting after subsection (a) the 
        following:</DELETED>
<DELETED>    ``(b)(1)(A) Each agency shall establish one or more Senior 
Executive Service evaluation panels, as appropriate, the members of 
which shall be appointed by the head of the agency (or his or her 
designee)--</DELETED>
                <DELETED>    ``(i) from among senior executives of the 
                agency or commissioned officers of the uniformed 
                services serving on active duty in such agency; 
                or</DELETED>
                <DELETED>    ``(ii) from among senior executives of or 
                commissioned officers of the uniformed services serving 
                on active duty in another agency, if--</DELETED>
                        <DELETED>    ``(I) subparagraph (B) could not 
                        (but for this clause) otherwise be satisfied; 
                        and</DELETED>
                        <DELETED>    ``(II) the consent of the head of 
                        the other agency is obtained.</DELETED>
<DELETED>    ``(B) Each panel shall consist of 3 members, of whom at 
least 1 shall be a woman and 1 other shall be a member of a racial or 
ethnic minority group.</DELETED>
<DELETED>    ``(2) It shall be the function of a Senior Executive 
Service evaluation panel, with respect to any Senior Executive Service 
position for which a vacancy announcement is posted--</DELETED>
        <DELETED>    ``(A) to review the executive qualifications of 
        each candidate for a position which is to be filled by a career 
        appointee; and</DELETED>
        <DELETED>    ``(B) to certify to the appropriate executive 
        resources board the names of candidates who, in the judgment of 
        the panel, are best qualified for such position.</DELETED>
<DELETED>Nothing in subparagraph (A) shall be considered to apply in 
the case of any candidate who is already a career 
appointee.''.</DELETED>
<DELETED>    (b) Role of Executive Resources Boards.--Paragraph (1) of 
section 3393(c) of title 5, United States Code (as so redesignated by 
subsection (a)), is amended to read as follows:</DELETED>
        <DELETED>    ``(1) for each career reserved position for which 
        a vacancy is posted, review the executive qualifications of 
        candidates certified under subsection (b) with respect to such 
        position; and''.</DELETED>
<DELETED>    (c) Definition of Appointing Authority.--Section 3393 of 
title 5, United States Code, is amended by adding after subsection (h) 
(as so redesignated by subsection (a)) the following:</DELETED>
<DELETED>    ``(i) For purposes of this section, the term `appointing 
authority' means, with respect to a position within an agency, the head 
of such agency (or his or her designee).''.</DELETED>
<DELETED>    (d) Technical and Conforming Amendments.--</DELETED>
        <DELETED>    (1) Section 3592(a)(1) of title 5, United States 
        Code, is amended by striking ``3393(d)'' and inserting 
        ``3393(e)''.</DELETED>
        <DELETED>    (2) Section 3593 of such title is amended--
        </DELETED>
                <DELETED>    (A) in subsection (a)--</DELETED>
                        <DELETED>    (i) in the matter before paragraph 
                        (1), by striking ``3393(b) and (c)'' and 
                        inserting ``3393(c) and (d)''; and</DELETED>
                        <DELETED>    (ii) in paragraph (1), by striking 
                        ``3393(d)'' and inserting ``3393(e)''; 
                        and</DELETED>
                <DELETED>    (B) in subsection (c)(1)--</DELETED>
                        <DELETED>    (i) in the matter before 
                        subparagraph (A), by striking ``3393(b) and 
                        (c)'' and inserting ``3393(c) and (d)''; 
                        and</DELETED>
                        <DELETED>    (ii) in subparagraph (C), by 
                        striking ``3393(d)'' and inserting 
                        ``3393(e)''.</DELETED>
        <DELETED>    (3) Section 3594 of such title is amended in 
        subsections (a) and (b) by striking ``3393(d)'' and inserting 
        ``3393(e)''.</DELETED>
        <DELETED>    (4) Section 3595(b)(1) of such title is amended by 
        striking ``3393(d)'' and inserting ``3393(e)''.</DELETED>
        <DELETED>    (5) Section 7541(1)(A) of such title is amended by 
        striking ``3393(d)'' and inserting ``3393(e)''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Senior Executive Service Diversity 
Assurance Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) according to the Government Accountability Office--
                    (A) minorities made up 22.5 percent of the 
                individuals serving at the GS-15 and GS-14 levels and 
                15.8 percent of the Senior Executive Service in 2007;
                    (B) women made up 34.3 percent of the individuals 
                serving at the GS-15 and GS-14 levels and 29.1 percent 
                of the Senior Executive Service in 2007; and
                    (C) although the number of career Senior Executive 
                Service members increased from 6,110 in 2,000 to 6,555 
                in 2007, the representation of African American men in 
                the career Senior Executive Service declined during 
                that same period from 5.5 percent to 5.0 percent; and
            (2) according to the Office of Personnel Management--
                    (A) black employees represented 6.1 percent of 
                employees at the Senior Pay levels and 17.8 percent of 
                the permanent Federal workforce compared to 10.1 
                percent in the civilian labor force in 2007;
                    (B) Hispanic employees represented 4.0 percent of 
                employees at the Senior Pay levels and 7.8 percent of 
                the permanent Federal workforce compared to 13.3 
                percent of the civilian labor force in 2007; and
                    (C) women represented 28.2 percent of employees at 
                the Senior Pay levels and 43.9 percent of the permanent 
                Federal workforce compared to 45.7 percent of the 
                civilian labor force in 2007.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``Director'' means the Director of the Office 
        of Personnel Management;
            (2) the term ``Senior Executive Service'' has the meaning 
        given such term by section 2101a of title 5, United States 
        Code;
            (3) the terms ``agency'', ``career appointee'', and 
        ``career reserved position'' have the meanings given them by 
        section 3132 of title 5, United States Code; and
            (4) the term ``SES Resource Office'' means the Senior 
        Executive Service Resource Office, established under section 4.

SEC. 4. SENIOR EXECUTIVE SERVICE RESOURCE OFFICE.

    (a) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the Director shall establish within the Office 
of Personnel Management an office to be known as the Senior Executive 
Service Resource Office. 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 ensure that, in seeking to achieve a Senior 
        Executive Service reflective of the Nation's diversity, 
        recruitment is from qualified individuals from appropriate 
        sources.
    (b) Functions.--It shall be the function of the SES Resource Office 
to make recommendations to the Director with respect to regulations, 
and to provide guidance to agencies, concerning the structure, 
management, and diverse composition of the Senior Executive Service. In 
order to carry out the purposes of this section, the SES Resource 
Office shall--
            (1) take such actions as the SES Resource Office considers 
        necessary to manage and promote an efficient, elite, and 
        diverse corps of senior executives by--
                    (A) creating policies for the management and 
                improvement of the Senior Executive Service;
                    (B) providing oversight of the performance, 
                structure, and composition of the Senior Executive 
                Service; and
                    (C) providing guidance and oversight to agencies in 
                the management of senior executives and candidates for 
                the Senior Executive Service;
            (2) be responsible for the policy development, management, 
        and oversight of the Senior Executive Service pay and 
        performance management system;
            (3) develop standards for certification of each agency's 
        Senior Executive Service performance management system and 
        evaluate all agency applications for certification;
            (4) be responsible for coordinating, promoting, and 
        monitoring programs for the advancement and training of senior 
        executives, including the Senior Executive Service Federal 
        Candidate Development Program;
            (5) provide oversight of, and guidance to, agency executive 
        resources boards;
            (6) be responsible for the administration of the 
        qualifications review board;
            (7) establish and maintain annual statistics (in a form 
        that renders them useful to appointing authorities and 
        candidates) on--
                    (A) the total number of career reserved positions 
                at each agency;
                    (B) the total number of vacant career reserved 
                positions at each agency;
                    (C) of the positions under subparagraph (B), the 
                number for which candidates are being sought;
                    (D) the amount of time a career reserved position 
                is vacant;
                    (E) the amount of time it takes to hire a candidate 
                into a career reserved position;
                    (F) 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;
                    (G) the composition of the Senior Executive Service 
                with regard to race, ethnicity, sex, age, and 
                individuals with disabilities;
                    (H) the composition of executive resources boards 
                with regard to race, ethnicity, sex, and individuals 
                with disabilities; and
                    (I) the composition of qualifications review boards 
                with regard to race, ethnicity, sex, and individuals 
                with disabilities;
            (8) make available to the public through the official 
        public internet site of the Office of Personnel Management, the 
        data collected under paragraph (7);
            (9) establish and promote mentoring programs for potential 
        candidates for the Senior Executive Service, including 
        candidates who have been certified as having the executive 
        qualifications necessary for initial appointment as a career 
        appointee under a program established pursuant to section 
        3396(a) of title 5, United States Code;
            (10) 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;
            (11) 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 appointments process; and
            (12) evaluate and implement strategies to ensure that 
        agencies conduct appropriate outreach to other agencies to 
        identify candidates for Senior Executive Service positions.
    (c) Protection of Individually Identifiable Information.--For 
purposes of subsection (b)(8), the SES Resource Office shall combine 
data for any agency that is not named in section 901(b) of chapter 31, 
United States Code, to protect individually identifiable information.
    (d) 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 (b)(7).
    (e) Staffing.--The Director of the Office of Personnel Management 
shall make such appointments as necessary to staff the SES Resource 
Office.

SEC. 5. CAREER APPOINTMENTS.

    (a) Promoting Diversity in the Career Appointments 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.--Within 1 year after the date of the enactment of 
this Act, the Director shall promulgate regulations to implement 
subsection (a).
    (c) Report.--Within 1 year after the date of the enactment of this 
Act, the Director shall submit 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 a report 
evaluating agency efforts to improve diversity in executive resources 
boards based on the information collected by the SES Resource Office 
under subparagraphs (H) and (I) of section 4(b).

SEC. 6. ENCOURAGING A MORE DIVERSE SENIOR EXECUTIVE SERVICE.

    (a) Senior Executive Service Diversity Plans.--Within 1 year after 
the date of the 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. 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--
            (1) conducting outreach to minorities, women, and 
        individuals within the agency and outside the agency;
            (2) establishing and maintaining training and education 
        programs to foster leadership development;
            (3) identifying career enhancing opportunities for agency 
        employees;
            (4) assessing internal availability of candidates for 
        Senior Executive Service positions; and
            (5) conducting an inventory of employee skills and 
        addressing current and potential gaps in skills and the 
        distribution of skills.
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.--Within 180 days after the deadline for 
the submission of any report or update under subsection (a), the 
Director shall transmit 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 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.
                                                      Calendar No. 1108

110th CONGRESS

  2d Session

                                S. 2148

                          [Report No. 110-517]

_______________________________________________________________________

                                 A BILL

    To provide for greater diversity within, and to improve policy 
       direction and oversight of, the Senior Executive Service.

_______________________________________________________________________

            October 1 (legislative day, September 17), 2008

                       Reported with an amendment