[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>