[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1268 Reported in Senate (RS)]

                                                       Calendar No. 540
112th CONGRESS
  2d Session
                                S. 1268

                          [Report No. 112-235]

   To increase the efficiency and effectiveness of the Government by 
 providing for greater interagency experience among national security 
 and homeland security personnel through the development of a national 
 security and homeland security human capital strategy and interagency 
        rotational service by employees, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 23, 2011

  Mr. Lieberman (for himself, Ms. Collins, Mr. Akaka, and Mr. Lugar) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

                           November 13, 2012

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

_______________________________________________________________________

                                 A BILL


 
   To increase the efficiency and effectiveness of the Government by 
 providing for greater interagency experience among national security 
 and homeland security personnel through the development of a national 
 security and homeland security human capital strategy and interagency 
        rotational service by employees, and for other purposes.

    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 ``Interagency Personnel 
Rotation Act of 2011''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSE.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) the national security and homeland security 
        challenges of the 21st century bridge the foreign and domestic 
        divide and require a whole-of-Government approach in order for 
        the United States Government to operate in the most effective 
        and efficient manner; and</DELETED>
        <DELETED>    (2) these challenges require that executive branch 
        personnel--</DELETED>
                <DELETED>    (A) view national security and homeland 
                security issues from a whole-of-Government 
                perspective;</DELETED>
                <DELETED>    (B) understand the capabilities, 
                authorities, resources, and constraints of other 
                agencies; and</DELETED>
                <DELETED>    (C) be able to rely upon networks and 
                communities of interest composed of personnel from 
                other agencies who work on the same national security 
                or homeland security issues.</DELETED>
<DELETED>    (b) Purpose.--The purpose of this Act is to increase the 
efficiency and effectiveness of the Government by fostering greater 
interagency experience among executive branch personnel on national 
security and homeland security matters involving more than one 
agency.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Agency.--The term ``agency'' has the meaning 
        given the term ``Executive agency'' under section 105 of title 
        5, United States Code.</DELETED>
        <DELETED>    (2) Committee.--The term ``Committee'' means the 
        Committee on National Security Personnel established under 
        section 5(a).</DELETED>
        <DELETED>    (3) Covered agency.--The term ``covered agency'' 
        means an agency that is part of an ICI.</DELETED>
        <DELETED>    (4) ICI.--The term ``ICI'' means a National 
        Security Interagency Community of Interest identified by the 
        Committee under section 6(a).</DELETED>
        <DELETED>    (5) ICI position.--The term ``ICI position''--
        </DELETED>
                <DELETED>    (A) means--</DELETED>
                        <DELETED>    (i) a position that--</DELETED>
                                <DELETED>    (I) is identified by the 
                                head of a covered agency as a position 
                                within that agency the primary duties 
                                of which relate to national security or 
                                homeland security policy formulation or 
                                execution;</DELETED>
                                <DELETED>    (II) is a position in the 
                                civil service (as defined in section 
                                2101(1) of title 5, United States Code) 
                                in the executive branch of the 
                                Government for which the pay is at a 
                                rate at or greater than the minimum 
                                basic rate of pay for a position at GS-
                                11 of the General Schedule; 
                                and</DELETED>
                                <DELETED>    (III) is a position within 
                                an ICI; or</DELETED>
                        <DELETED>    (ii) a position in an interagency 
                        body identified as an ICI position by the 
                        Committee under section 6(c)(1); and</DELETED>
                <DELETED>    (B) shall not include--</DELETED>
                        <DELETED>    (i) any position described under 
                        paragraph (10)(A) or (C); or</DELETED>
                        <DELETED>    (ii) any position filled by an 
                        employee described under paragraph 
                        (10)(B).</DELETED>
        <DELETED>    (6) Intelligence community.--The term 
        ``intelligence community'' has the meaning given under section 
        3(4) of the National Security Act of 1947 (50 U.S.C. 
        401a(4)).</DELETED>
        <DELETED>    (7) Interagency body.--The term ``interagency 
        body'' means an interagency body identified by the Committee 
        under section 6(c)(1).</DELETED>
        <DELETED>    (8) Interagency rotational service.--The term 
        ``interagency rotational service'' means service by an employee 
        in--</DELETED>
                <DELETED>    (A) an ICI position that is--</DELETED>
                        <DELETED>    (i) in--</DELETED>
                                <DELETED>    (I) a covered agency other 
                                than the covered agency employing the 
                                employee; or</DELETED>
                                <DELETED>    (II) an interagency body, 
                                without regard to whether the employee 
                                is employed by the agency in which the 
                                interagency body is located; 
                                and</DELETED>
                        <DELETED>    (ii) in the same ICI as the 
                        position in which the employee serves or has 
                        served before serving in that ICI position; 
                        or</DELETED>
                <DELETED>    (B) in a position in an interagency body 
                identified by the Committee under section 
                6(c)(2).</DELETED>
        <DELETED>    (9) National security interagency community of 
        interest.--The term ``National Security Interagency Community 
        of Interest'' means the personnel of the executive branch of 
        the Government that--</DELETED>
                <DELETED>    (A) as a group are employees of multiple 
                agencies of the executive branch of the Government; 
                and</DELETED>
                <DELETED>    (B) have significant responsibility for 
                the same substantive, functional, or regional subject 
                area related to national security or homeland security 
                that requires integration of the personnel and 
                activities in that area across multiple agencies to 
                ensure that the executive branch of the Government 
                operates as a single, cohesive enterprise to maximize 
                mission success and minimize cost.</DELETED>
        <DELETED>    (10) Political appointee.--The term ``political 
        appointee'' means an individual who--</DELETED>
                <DELETED>    (A) is employed in a position described 
                under sections 5312 through 5316 of title 5, United 
                States Code, (relating to the Executive 
                Schedule);</DELETED>
                <DELETED>    (B) is a limited term appointee, limited 
                emergency appointee, or noncareer appointee in the 
                Senior Executive Service, as defined under paragraphs 
                (5), (6), and (7), respectively, of section 3132(a) of 
                title 5, United States Code; or</DELETED>
                <DELETED>    (C) is employed in a position in the 
                executive branch of the Government of a confidential or 
                policy-determining character under schedule C of 
                subpart C of part 213 of title 5 of the Code of Federal 
                Regulations.</DELETED>
        <DELETED>    (11) Relevant committees of congress.--The term 
        ``relevant committees of Congress'' means--</DELETED>
                <DELETED>    (A) the Committee on Appropriations, the 
                Committee on Armed Services, the Committee on Commerce, 
                Science, and Transportation, the Committee on Energy 
                and Natural Resources, the Committee on Finance, the 
                Committee on Foreign Relations, the Committee on 
                Health, Labor, Education, and Pensions, the Committee 
                on Homeland Security and Governmental Affairs, the 
                Committee on the Judiciary, and the Select Committee on 
                Intelligence of the Senate; and</DELETED>
                <DELETED>    (B) the Committee on Appropriations, the 
                Committee on Armed Services, the Committee on Energy 
                and Commerce, the Committee on Education and the 
                Workforce, the Committee on Foreign Affairs, the 
                Committee on Homeland Security, the Committee on the 
                Judiciary, the Committee on Oversight and Government 
                Reform, the Permanent Select Committee on Intelligence, 
                and the Committee on Ways and Means of the House of 
                Representatives.</DELETED>
        <DELETED>    (12) Senior position.--The term ``senior 
        position'' means--</DELETED>
                <DELETED>    (A) a Senior Executive Service position, 
                as defined in section 3132(a)(2) of title 5, United 
                States Code;</DELETED>
                <DELETED>    (B) a position in the Senior Foreign 
                Service established under the Foreign Service Act of 
                1980 (22 U.S.C. 3901 et seq.);</DELETED>
                <DELETED>    (C) a position in the Federal Bureau of 
                Investigation and Drug Enforcement Administration 
                Senior Executive Service established under section 3151 
                of title 5, United States Code; and</DELETED>
                <DELETED>    (D) any other equivalent position 
                identified by the Committee.</DELETED>

<DELETED>SEC. 4. STRATEGY AND PLANNING REQUIREMENTS.</DELETED>

<DELETED>    (a) National Security Human Capital Strategy.--</DELETED>
        <DELETED>    (1) Issuing of strategy.--</DELETED>
                <DELETED>    (A) In general.--Except as provided in 
                subparagraph (B), not later than October 1 of the first 
                fiscal year after the fiscal year in which this Act is 
                enacted, and every 4 years thereafter, the Committee 
                shall issue a National Security Human Capital Strategy 
                to develop the national security and homeland security 
                personnel necessary for accomplishing national security 
                and homeland security objectives that require 
                integration of personnel and activities from multiple 
                agencies of the executive branch of the Government in 
                order to ensure that the executive branch of the 
                Government operates as a single, cohesive enterprise to 
                maximize mission success and minimize cost.</DELETED>
                <DELETED>    (B) Modified date.--If this Act is enacted 
                on a date that is less than 180 days before the end of 
                the fiscal year, then the Committee shall issue the 
                National Security Human Capital Strategy under this 
                paragraph not later than October 1 of the second fiscal 
                year after the fiscal year in which this Act is 
                enacted, and every 4 years thereafter.</DELETED>
        <DELETED>    (2) Plan.--Each National Security Human Capital 
        Strategy issued under paragraph (1) shall include a plan that--
        </DELETED>
                <DELETED>    (A) provides for the phased implementation 
                of this Act;</DELETED>
                <DELETED>    (B) contains graduated and specific 
                targets for the percentages of senior positions in an 
                ICI that--</DELETED>
                        <DELETED>    (i) require interagency rotational 
                        service as an eligibility 
                        requirement;</DELETED>
                        <DELETED>    (ii) ensures that, not later than 
                        October 1 of the fifteenth fiscal year after 
                        the fiscal year in which this Act is enacted, 
                        not less than 85 percent of the ICI positions 
                        of each covered agency that are senior 
                        positions are designated under section 8(a)(1); 
                        and</DELETED>
                <DELETED>    (C) includes a schedule for the issuance 
                of directives relating to the requirements under this 
                Act by the Committee.</DELETED>
        <DELETED>    (3) Submission to relevant committees of 
        congress.--Not later than 30 days after the date on which the 
        Committee issues a National Security Human Capital Strategy 
        under paragraph (1), the Committee shall submit that strategy 
        to the relevant committees of Congress.</DELETED>
<DELETED>    (b) Reports on Implementation.--</DELETED>
        <DELETED>    (1) In general.--Not later than 2 years after the 
        date on which the Committee issues a National Security Human 
        Capital Strategy under subsection (a), the Committee shall 
        submit to the relevant committees of Congress a report on the 
        implementation of the strategy and this Act.</DELETED>
        <DELETED>    (2) Contents.--Each report submitted under 
        paragraph (1) shall include updates to the plan contained in 
        the most recent National Security Human Capital Strategy and 
        detailed reporting that is specific to each ICI and to each 
        covered agency and interagency body regarding--</DELETED>
                <DELETED>    (A) implementation of the National 
                Security Human Capital Strategy and this Act; 
                and</DELETED>
                <DELETED>    (B) performance measures for the National 
                Security Human Capital Strategy and data on the 
                performance measures.</DELETED>

<DELETED>SEC. 5. COMMITTEE ON NATIONAL SECURITY PERSONNEL.</DELETED>

<DELETED>    (a) Establishment.--There is established the Committee on 
National Security Personnel within the Executive Office of the 
President.</DELETED>
<DELETED>    (b) Membership.--The members of the Committee shall be the 
Director of the Office of Management and Budget, the Director of the 
Office of Personnel Management, and the Assistant to the President for 
National Security Affairs.</DELETED>
<DELETED>    (c) Chairperson.--The Director of the Office of Management 
and Budget shall be the Chairperson of the Committee.</DELETED>
<DELETED>    (d) Functions.--</DELETED>
        <DELETED>    (1) In general.--The Committee shall perform the 
        functions as provided under this Act to carry out service in an 
        ICI position in another covered agency or interagency body by 
        employees, the training required under section 9, and other 
        activities under this Act.</DELETED>
        <DELETED>    (2) Directives.--</DELETED>
                <DELETED>    (A) In general.--In consultation with the 
                Director of the Office of Personnel Management and the 
                Assistant to the President for National Security 
                Affairs, the Director of the Office of Management and 
                Budget shall issue directives and set standards for 
                service in an ICI position in another covered agency or 
                interagency body, the training required under section 
                9, and other activities under this Act, including the 
                directives specifically required under this 
                Act.</DELETED>
                <DELETED>    (B) Use by covered agencies.--The head of 
                each covered agency shall carry out the 
                responsibilities under this Act in accordance with the 
                directives issued by the Director of the Office of 
                Management and Budget.</DELETED>
                <DELETED>    (C) Submission to congress.--Not later 
                than 30 days after the date on which the Director of 
                the Office of Management and Budget issues a directive 
                under this Act, the Director shall submit the directive 
                to the relevant committees of Congress.</DELETED>
<DELETED>    (e) Support and Implementation.--</DELETED>
        <DELETED>    (1) Board.--There is established a board to assist 
        the Committee, which shall be composed of 1 designee (who shall 
        serve in an Executive schedule position at level III) selected 
        by each of the Secretary of State, the Secretary of Defense, 
        the Secretary of Homeland Security, the Attorney General, the 
        Secretary of the Treasury, the Secretary of Energy, the 
        Secretary of Health and Human Services, the Secretary of 
        Commerce, and the Director of National Intelligence.</DELETED>
        <DELETED>    (2) Chief human capital officers council.--The 
        Chief Human Capital Officers Council shall provide advice to 
        the Committee regarding technical human capital issues relating 
        to the implementation of this Act.</DELETED>
        <DELETED>    (3) Covered agency officials.--The head of each 
        covered agency shall designate an officer and office within 
        that covered agency with responsibility for the implementation 
        of this Act.</DELETED>

<DELETED>SEC. 6. NATIONAL SECURITY INTERAGENCY COMMUNITIES OF 
              INTEREST.</DELETED>

<DELETED>    (a) Identification of ICIs.--The Committee--</DELETED>
        <DELETED>    (1) shall identify ICIs on an ongoing basis for 
        purposes of carrying out this Act; and</DELETED>
        <DELETED>    (2) may alter or discontinue an ICI identified 
        under paragraph (1).</DELETED>
<DELETED>    (b) Identification of ICI Positions.--</DELETED>
        <DELETED>    (1) In general.--Subject to paragraph (4), the 
        head of each covered agency shall identify ICI positions within 
        that covered agency.</DELETED>
        <DELETED>    (2) Position with administrative or technical 
        duties.--</DELETED>
                <DELETED>    (A) Exclusion for administrative duties.--
                A position the primary duties of which relate to 
                administrative duties (including duties relating to 
                procurement, accounting, and finance) shall not be 
                identified as an ICI position.</DELETED>
                <DELETED>    (B) Technology duties.--</DELETED>
                        <DELETED>    (i) In general.--The Committee 
                        shall determine which positions the primary 
                        duties of which relate to information 
                        technology or engineering may be identified as 
                        ICI positions by the head of a covered agency. 
                        The Committee may provide guidance regarding 
                        the positions that may be identified as ICI 
                        positions under this clause or approve the 
                        identification of the ICI positions on a case-
                        by-case basis, as the Committee determines 
                        appropriate.</DELETED>
                        <DELETED>    (ii) Information technology 
                        positions.--A position that relates to 
                        information technology may be identified as an 
                        ICI position for an ICI relating to 
                        cybersecurity.</DELETED>
        <DELETED>    (3) Other provisions.--</DELETED>
                <DELETED>    (A) Multiple icis.--A position may be 
                within more than one ICI.</DELETED>
                <DELETED>    (B) Changes.--Subject to paragraph (4), 
                the head of a covered agency may change which positions 
                are identified as ICI positions or which ICI an ICI 
                position is within.</DELETED>
        <DELETED>    (4) Review and approval by the committee.--
        </DELETED>
                <DELETED>    (A) In general.--The Committee shall--
                </DELETED>
                        <DELETED>    (i) provide guidance to the heads 
                        of covered agencies concerning criteria for 
                        identifying or changing the identification of 
                        ICI positions;</DELETED>
                        <DELETED>    (ii) establish criteria concerning 
                        identifications and changes to the 
                        identifications of ICI positions which may be 
                        made by the head of a covered agency and take 
                        effect without review and approval by the 
                        Committee;</DELETED>
                        <DELETED>    (iii) establish criteria 
                        concerning identifications and changes to the 
                        identifications of ICI positions which may be 
                        made by the head of a covered agency and shall 
                        be reviewed and approved by the Committee 
                        before the identification or change may take 
                        effect; and</DELETED>
                        <DELETED>    (iv) develop a schedule for the 
                        Committee to review identifications of and 
                        changes to the identifications of ICI positions 
                        that took effect without prior review and 
                        approval under the criteria established under 
                        clause (ii).</DELETED>
                <DELETED>    (B) Action by covered agencies.--The head 
                of a covered agency may not identify a position as an 
                ICI position or change an ICI position or which ICI an 
                ICI position is within if the identification or change 
                is not--</DELETED>
                        <DELETED>    (i) authorized to be made without 
                        the advance authorization of the Committee 
                        under subparagraph (A)(ii); or</DELETED>
                        <DELETED>    (ii) approved by the Committee 
                        under subparagraph (A)(iii).</DELETED>
<DELETED>    (c) Interagency Bodies.--</DELETED>
        <DELETED>    (1) Identification.--</DELETED>
                <DELETED>    (A) In general.--The Committee shall 
                identify--</DELETED>
                        <DELETED>    (i) entities in the executive 
                        branch of the Government that are primarily 
                        involved in interagency activities; 
                        and</DELETED>
                        <DELETED>    (ii) components of agencies that 
                        are primarily involved in interagency 
                        activities and have a mission distinct from the 
                        agency within which the component is 
                        located.</DELETED>
                <DELETED>    (B) Certain bodies.--The Committee shall 
                identify the National Security Council and the 
                Directorate of Strategic Operational Planning of the 
                National Counterterrorism Center as interagency bodies 
                under this paragraph.</DELETED>
        <DELETED>    (2) Positions in interagency bodies.--</DELETED>
                <DELETED>    (A) In general.--For purposes of this 
                Act--</DELETED>
                        <DELETED>    (i) the Assistant to the President 
                        for National Security Affairs shall perform the 
                        duties of the head of a covered agency for ICI 
                        positions within the National Security 
                        Council;</DELETED>
                        <DELETED>    (ii) the Director of the National 
                        Counterterrorism Center shall perform the 
                        duties of the head of a covered agency for ICI 
                        positions within the Directorate of Strategic 
                        Operational Planning of the National 
                        Counterterrorism Center; and</DELETED>
                        <DELETED>    (iii) the Committee shall 
                        designate the Federal officer who shall perform 
                        the duties of the head of a covered agency for 
                        ICI positions within any other interagency 
                        body.</DELETED>
                <DELETED>    (B) Identification of positions.--The 
                officials described or designated under subparagraph 
                (A) shall identify--</DELETED>
                        <DELETED>    (i) positions within their 
                        respective interagency bodies that are ICI 
                        positions; and</DELETED>
                        <DELETED>    (ii) positions within their 
                        respective interagency bodies--</DELETED>
                                <DELETED>    (I) that are not within an 
                                ICI;</DELETED>
                                <DELETED>    (II) that are not a 
                                position described under section 
                                3(10)(A) or (C) or a position filled by 
                                an employee described under section 
                                3(10)(B); and</DELETED>
                                <DELETED>    (III) for which service in 
                                the position shall constitute 
                                interagency rotational 
                                service.</DELETED>
                <DELETED>    (C) Review and approval by the 
                committee.--The identification of, change of, and 
                determinations relating to positions described in 
                subparagraph (B) by a Federal officer described in or 
                designated under subparagraph (A) shall be subject to 
                review and approval by the Committee in the same manner 
                and to the same extent as provided for the head of a 
                covered agency under this Act.</DELETED>

SEC. 7. ICI ROTATIONAL SERVICE.

<DELETED>    (a) Exclusion of Senior Positions.--For purposes of this 
section, the term ``ICI position'' does not include a senior 
position.</DELETED>
<DELETED>    (b) Rotations.--</DELETED>
        <DELETED>    (1) In general.--The Committee shall provide for 
        employees serving in an ICI position to be assigned on a 
        rotational basis to another ICI position that is--</DELETED>
                <DELETED>    (A) within another covered agency or 
                within an interagency body; and</DELETED>
                <DELETED>    (B) within the same ICI.</DELETED>
        <DELETED>    (2) Service within multiple icis.--An employee who 
        has served or is serving in an ICI position that is within 2 or 
        more ICIs may be assigned to an ICI position in any of such 
        ICIs.</DELETED>
        <DELETED>    (3) Exception.--An employee may be assigned to an 
        ICI position in another covered agency or in an interagency 
        body that is not in the ICI applicable to an ICI position in 
        which the employee serves or has served if--</DELETED>
                <DELETED>    (A) the employee has particular 
                nongovernmental or other expertise or skills that are 
                relevant to the assigned ICI position; and</DELETED>
                <DELETED>    (B) the head of the covered agency 
                employing the employee, the head of the covered agency 
                to which the assignment is made, and the Committee 
                approve the assignment.</DELETED>
        <DELETED>    (4) Officers of the armed forces.--</DELETED>
                <DELETED>    (A) Service in icis.--The policies, 
                procedures, and practices for the management of 
                officers of the Armed Forces established pursuant to 
                section 661 of title 10, United States Code, may 
                provide for the assignment of officers of the Armed 
                Forces to ICI positions or positions designated under 
                section 6(c)(2)(B)(ii) and for the treatment of such 
                assignments as joint duty assignments for purposes of 
                chapter 38 of such title.</DELETED>
                <DELETED>    (B) Directives.--The Committee shall 
                specify the requirements and limitations applicable to 
                the assignment of officers of the Armed Forces to ICI 
                positions or positions designated under section 
                6(c)(2)(B)(ii). The directives specifying such 
                requirements and limitations shall be issued with the 
                concurrence of the Secretary of Defense.</DELETED>
        <DELETED>    (5) Return to prior position.--</DELETED>
                <DELETED>    (A) In general.--Subject to subparagraph 
                (B), an employee performing service in an ICI position 
                in another covered agency or interagency body or in a 
                position designated under section 6(c)(2)(B)(ii) shall 
                be entitled to return to the position held by the 
                employee in the covered agency employing the employee 
                within a reasonable period of time after the end of the 
                period of service.</DELETED>
                <DELETED>    (B) Reasonable exceptions.--The Committee 
                shall determine under what circumstances it is 
                reasonable to make an exception to the requirement 
                under subparagraph (A) and issue guidance regarding 
                making such an exception.</DELETED>
<DELETED>    (c) Voluntary Nature of Rotational Service.--</DELETED>
        <DELETED>    (1) In general.--Except as provided in paragraph 
        (2), service in an ICI position in another covered agency or 
        interagency body shall be voluntary by an employee.</DELETED>
        <DELETED>    (2) Authority to assign involuntarily.--If the 
        head of a covered agency has the authority under another 
        provision of law to assign an employee involuntarily to a 
        position and the employee is serving in an ICI position, the 
        head of the covered agency may assign the employee 
        involuntarily to serve in an ICI position in another covered 
        agency or interagency body.</DELETED>
<DELETED>    (d) Directives.--</DELETED>
        <DELETED>    (1) Identification of positions open for 
        rotational service.--The Committee shall--</DELETED>
                <DELETED>    (A) require, and provide guidelines 
                relating to, the identification by the head of each 
                covered agency of ICI positions in the covered agency 
                that are open for assignment of employees serving or 
                who have served in ICI positions in other covered 
                agencies or an interagency body;</DELETED>
                <DELETED>    (B) specify how many ICI positions the 
                head of each covered agency shall make available for 
                assignment of employees serving or who have served in 
                ICI positions in other covered agencies or an 
                interagency body; and</DELETED>
                <DELETED>    (C) ensure that each ICI position in a 
                covered agency or interagency body that is available 
                for assignment of an employee from another covered 
                agency or interagency body is filled by an employee 
                serving in a position with a level of responsibility 
                comparable to the position that is available for 
                assignment.</DELETED>
        <DELETED>    (2) Minimum period for service.--With respect to 
        the period of service in an ICI position in another covered 
        agency or interagency body, the Committee--</DELETED>
                <DELETED>    (A) shall ensure that the period of 
                service is sufficient to gain an adequately detailed 
                understanding and perspective of the covered agency or 
                interagency body at which the employee is 
                assigned;</DELETED>
                <DELETED>    (B) may provide for different periods for 
                service, depending upon the nature of the position, 
                including whether the position is in an area that is a 
                combat zone for purposes of section 112 of the Internal 
                Revenue Code of 1986; and</DELETED>
                <DELETED>    (C) shall require that an employee 
                performing service in an ICI position in another 
                covered agency or interagency body is informed of the 
                period of service for the position before beginning 
                such service.</DELETED>
<DELETED>    (e) Selection of ICI Positions Open for Rotational 
Service.--</DELETED>
        <DELETED>    (1) In general.--Subject to paragraph (2), the 
        head of each covered agency shall determine which ICI positions 
        in the covered agency shall be available to be filled by 
        employees from another covered agency and may modify a 
        determination under this paragraph.</DELETED>
        <DELETED>    (2) Review of determination of ici positions open 
        for rotational service.--</DELETED>
                <DELETED>    (A) In general.--The Committee shall--
                </DELETED>
                        <DELETED>    (i) provide guidance to the heads 
                        of covered agencies concerning criteria for 
                        determining and modifying determinations of 
                        which ICI positions are available to be filled 
                        by employees from another covered 
                        agency;</DELETED>
                        <DELETED>    (ii) establish criteria concerning 
                        determinations and modifications to 
                        determinations regarding ICI positions that are 
                        available to be filled by employees from 
                        another covered agency which may be made by the 
                        head of a covered agency and take effect 
                        without review and approval by the 
                        Committee;</DELETED>
                        <DELETED>    (iii) establish criteria 
                        concerning which determinations and 
                        modifications to determinations regarding ICI 
                        positions that are available to be filled by 
                        employees from another covered agency may be 
                        made by the head of a covered agency and shall 
                        be reviewed and approved by the Committee 
                        before the determination or modification may 
                        take effect; and</DELETED>
                        <DELETED>    (iv) develop a schedule for the 
                        Committee to review determinations and 
                        modifications to determinations that an ICI 
                        position is available to be filled by employees 
                        from another covered agency that took effect 
                        without prior review and approval under the 
                        criteria established under clause 
                        (ii).</DELETED>
                <DELETED>    (B) Action by covered agencies.--The head 
                of a covered agency may not determine an ICI position 
                as available to be filled by employees from another 
                covered agency or make a modification of the 
                determination if the determination or modification is 
                not--</DELETED>
                        <DELETED>    (i) authorized to be made without 
                        the advance authorization of the Committee 
                        under subparagraph (A)(ii); or</DELETED>
                        <DELETED>    (ii) approved by the Committee 
                        under subparagraph (A)(iii).</DELETED>
        <DELETED>    (3) List.--The Committee shall maintain a single, 
        integrated list of positions available to be filled by 
        employees from another covered agency under this section and 
        shall make the list available to Federal employees on an 
        ongoing basis in order to facilitate applications for the 
        positions and long-term career planning by employees of the 
        executive branch of the Government, except to the extent that 
        the Committee determines that the identity of certain positions 
        should not be distributed in order to protect national security 
        or homeland security.</DELETED>
<DELETED>    (f) Prevention of Need for Increased Personnel Levels.--
</DELETED>
        <DELETED>    (1) Phase-In.--The Committee shall phase in the 
        requirement to designate ICI positions for assignment across 
        covered agencies in a manner that ensures that there is a 
        reasonable equivalence between the number of employees rotating 
        out of the covered agencies or interagency bodies within an ICI 
        and the number of employees rotating into the covered agencies 
        or interagency bodies within an ICI.</DELETED>
        <DELETED>    (2) Filling positions rotating out.--The Committee 
        shall ensure that employees are rotated across covered agencies 
        and interagency bodies within an ICI in a manner that ensures 
        that the original ICI positions of all employees performing 
        service in an ICI position in another covered agency or 
        interagency body are filled within a reasonable period by--
        </DELETED>
                <DELETED>    (A) employees from another covered agency 
                or interagency body who are performing service in an 
                ICI position in another covered agency or interagency 
                body; or</DELETED>
                <DELETED>    (B) other available employees.</DELETED>
<DELETED>    (g) Open and Fair Competition.--Each covered agency or 
interagency body that has an ICI position available to be filled by an 
employee from another covered agency shall coordinate with the Office 
of Personnel Management to ensure that the position is filled in a 
fully open and competitive manner that is consistent with the merit 
system principles set forth in paragraphs (1) and (2) of section 
2301(b) of title 5, United States Code, except if the ICI position is 
otherwise exempt under another provision of law.</DELETED>
<DELETED>    (h) Collective Bargaining Rights and Other Personnel Law 
Matters.--</DELETED>
        <DELETED>    (1) National security exclusion.--The 
        identification of a position as available for service by an 
        employee of another covered agency or as being within an ICI 
        shall not be a basis for an order under section 7103(b) of 
        title 5, United States Code, excluding the covered agency, or a 
        subdivision thereof, in which the position is located from the 
        applicability of chapter 71 of title 5, United States 
        Code.</DELETED>
        <DELETED>    (2) On rotation.--An employee performing service 
        in an ICI position in another covered agency or interagency 
        body shall have collective bargaining rights to the extent and 
        in the manner that such rights would be available to the 
        employee if the employee were detailed or assigned under a 
        provision of law other than this Act from the agency employing 
        the employee to the agency in which the ICI position in which 
        the employee is serving is located.</DELETED>
        <DELETED>    (3) Consultation.--The Committee shall consult 
        with relevant associations, unions, and other groups involved 
        in collective bargaining or encouraging public service or 
        organizational reform of the Government in formulating and 
        implementing policies under this Act.</DELETED>
<DELETED>    (i) Reporting.--Not later than 1 year after the date on 
which the Committee issues the first National Security Human Capital 
Strategy under section 4(a)(1), and every year thereafter, the 
Committee shall submit to the relevant committees of Congress--
</DELETED>
        <DELETED>    (1) a consolidated list of ICI positions, which 
        shall include an explanation of the reasons that each position 
        was identified as being within the ICI; and</DELETED>
        <DELETED>    (2) a consolidated list of ICI positions made 
        available to be filled by employees from another covered 
        agency, which shall include an explanation of the methodology 
        used by the covered agency in determining which positions were 
        and were not to be made available.</DELETED>

<DELETED>SEC. 8. INTERAGENCY ROTATIONAL SERVICE AS A REQUIREMENT FOR 
              SELECTION TO SENIOR POSITIONS IN ICIS.</DELETED>

<DELETED>    (a) Requirement for Promotion to Selected Senior Positions 
Within ICIs.--Except as otherwise provided in this section, the head of 
each covered agency shall--</DELETED>
        <DELETED>    (1) designate ICI positions of the covered agency 
        that are senior positions for which interagency rotational 
        service shall be an eligibility requirement; and</DELETED>
        <DELETED>    (2) not later than October 1 of the fifteenth 
        fiscal year after the fiscal year in which this Act is enacted, 
        designate not less than 85 percent of the ICI positions of the 
        covered agency that are senior positions to be senior positions 
        for which interagency rotational service shall be an 
        eligibility requirement.</DELETED>
<DELETED>    (b) Exemptions.--</DELETED>
        <DELETED>    (1) In general.--An employee may be appointed to a 
        senior position designated under subsection (a) without meeting 
        the interagency rotational service requirement if before the 
        appointment the employee--</DELETED>
                <DELETED>    (A) is not employed in the executive 
                branch of the Government when selected for the senior 
                position;</DELETED>
                <DELETED>    (B) is serving in a senior position that 
                is not an ICI position;</DELETED>
                <DELETED>    (C) has not served in the executive branch 
                of the Government for a sufficient period, as 
                determined by the Committee, to have performed 
                interagency rotational service;</DELETED>
                <DELETED>    (D) entered service in the executive 
                branch of the Government at or above GS-15 of the 
                General Schedule, or equivalent;</DELETED>
                <DELETED>    (E) has prior service in another agency 
                that provides the employee with relevant experience in 
                the applicable ICI, as determined by the Committee; 
                or</DELETED>
                <DELETED>    (F) is in another class of employees 
                exempted from subsection (a) by the 
                Committee.</DELETED>
        <DELETED>    (2) Notice.--Not later than 30 days after the date 
        on which the Committee determines to exempt a class of 
        employees under paragraph (1)(F), the Committee shall notify 
        the relevant committees of Congress of the exemption.</DELETED>
<DELETED>    (c) Waivers.--</DELETED>
        <DELETED>    (1) In general.--On a case-by-case basis, the head 
        of a covered agency may waive the requirement that an employee 
        being appointed to a senior position designated under 
        subsection (a) has performed interagency rotational 
        service.</DELETED>
        <DELETED>    (2) Years 3 to 8.--During the period beginning on 
        October 1 of the second fiscal year after the fiscal year in 
        which this Act is enacted and ending on September 30 of the 
        seventh fiscal year after the fiscal year in which this Act is 
        enacted, the head of a covered agency may issue a waiver under 
        paragraph (1) for good cause.</DELETED>
        <DELETED>    (3) Years 9 to 15.--During the period beginning 
        October 1 of the eighth fiscal year after the fiscal year in 
        which this Act is enacted and ending on September 30 of the 
        fourteenth fiscal year after the fiscal year in which this Act 
        is enacted, the head of a covered agency may issue a waiver 
        under paragraph (1) if--</DELETED>
                <DELETED>    (A) there is a lack of qualified 
                candidates for the senior position who have satisfied 
                the requirement under subsection (a);</DELETED>
                <DELETED>    (B) a lack of sufficient positions 
                available to be filled by employees from another 
                covered agency prevented the most qualified candidate 
                for the senior position from completing interagency 
                rotational service; or</DELETED>
                <DELETED>    (C) the most qualified candidate for the 
                senior position has prior service in a position in 
                another agency that, although involving duties 
                comparable to an ICI position, does not qualify as 
                interagency rotational service.</DELETED>
        <DELETED>    (4) After year 15.--</DELETED>
                <DELETED>    (A) In general.--After the period 
                described in paragraph (3), the head of a covered 
                agency may issue a waiver under paragraph (1) if--
                </DELETED>
                        <DELETED>    (i) there are extraordinary 
                        circumstances relating to the senior position; 
                        and</DELETED>
                        <DELETED>    (ii) the Committee concurs with 
                        issuing the waiver.</DELETED>
                <DELETED>    (B) Nondelegation.--The authority to issue 
                a waiver under paragraph (1) may not be delegated after 
                the period described in paragraph (3).</DELETED>
        <DELETED>    (5) Reporting.--Not later than 30 days after the 
        date on which a waiver is issued under paragraph (1), the 
        Committee shall submit to the relevant committees of Congress a 
        report containing a description of the waiver and an 
        explanation of the justification for the waiver.</DELETED>
<DELETED>    (d) Other Rotational Requirements.--</DELETED>
        <DELETED>    (1) Definitions.--In this subsection:</DELETED>
                <DELETED>    (A) DHS rotational service program.--The 
                term ``DHS rotational service program'' means any 
                program established before the date of enactment of 
                this Act that provides for rotation assignments of 
                employees within the Department of Homeland 
                Security.</DELETED>
                <DELETED>    (B) IC rotational service program.--The 
                term ``IC rotational service program'' means any 
                program established before the date of enactment of 
                this Act that provides for rotation assignments of 
                employees across the agencies or elements of the 
                intelligence community.</DELETED>
        <DELETED>    (2) Department of homeland security.--If an 
        employee of the Department of Homeland Security has performed 
        service in an ICI position in another covered agency or 
        interagency body, the employee may not be denied an appointment 
        to a senior position in the Department of Homeland Security 
        because of any other requirement to perform service on a 
        rotational basis under a DHS rotational service 
        program.</DELETED>
        <DELETED>    (3) Officers of the armed forces.--Section 668(b) 
        of title 10, United States Code, is amended--</DELETED>
                <DELETED>    (A) by redesignating paragraph (2) as 
                paragraph (3); and</DELETED>
                <DELETED>    (B) by inserting after paragraph (1) the 
                following new paragraph (2):</DELETED>
<DELETED>    ``(2)(A) The definition required by paragraph (1) may 
provide for the treatment as a joint duty assignment of any assignment 
of officers to an ICI position or a position in an interagency body 
that is not an ICI position as the Secretary may specify in the 
regulations required by that paragraph.</DELETED>
<DELETED>    ``(B) In this paragraph, the terms `ICI position' and 
`interagency body' have the meanings given those terms in section 3 of 
the Interagency Personnel Rotation Act of 2011.''.</DELETED>
        <DELETED>    (4) Credit for service in another component within 
        an agency.--</DELETED>
                <DELETED>    (A) In general.--During the first 8 fiscal 
                years after the fiscal year in which this Act is 
                enacted, an employee that performed service in a 
                rotation to another component of the covered agency 
                that employs the employee identified under subparagraph 
                (B) may be appointed to an ICI position that is a 
                senior position in that covered agency without regard 
                to any designation under subsection (a).</DELETED>
                <DELETED>    (B) Identification of components.--Subject 
                to approval by the Committee, the head of a covered 
                agency may identify the components of the covered 
                agency that are sufficiently independent in 
                functionality for service in a rotation in the 
                component to qualify as service in another component of 
                the covered agency for purposes of subparagraph 
                (A).</DELETED>
        <DELETED>    (5) Intelligence community personnel.--During the 
        first 8 fiscal years after the fiscal year in which this Act is 
        enacted, an employee of a covered agency that performed service 
        in a rotation in the intelligence community under an IC 
        rotational service program may be appointed to an ICI position 
        that is a senior position in that covered agency without regard 
        to any designation under subsection (a).</DELETED>
        <DELETED>    (6) Reports.--The head of each covered agency 
        shall include information relating to this subsection in any 
        relevant report to the relevant committees of Congress required 
        under this Act.</DELETED>
<DELETED>    (e) Performance Appraisals.--The Committee shall--
</DELETED>
        <DELETED>    (1) ensure that the employees receive performance 
        evaluations that are based primarily on their contribution to 
        the work of the covered agency in which the employee is 
        performing service in an ICI position in another covered agency 
        or interagency body and the functioning of the applicable ICI; 
        and</DELETED>
        <DELETED>    (2) require that--</DELETED>
                <DELETED>    (A) officials at the covered agency 
                employing the employee conduct the evaluations based on 
                input from the supervisors of the employee during 
                service in an ICI position in another covered agency or 
                interagency body; and</DELETED>
                <DELETED>    (B) the evaluations shall be provided the 
                same weight in the receipt of promotions and other 
                rewards by the employee from the covered agency 
                employing the employee as performance evaluations 
                receive for other employees of the covered 
                agency.</DELETED>
<DELETED>    (f) Incentives for Participation.--The Committee shall 
identify ways in which the head of a covered agency shall use the 
authorities of the head of the covered agency to institute incentives 
to encourage employees to perform service in an ICI position in another 
covered agency or interagency body, regardless of the interest of any 
employee to be promoted to an ICI position that is a senior 
position.</DELETED>
<DELETED>    (g) Foreign Service.--Section 607(a) of the Foreign 
Service Act of 1980 (22 U.S.C. 4007(a)) is amended by adding at the end 
the following:</DELETED>
<DELETED>    ``(4) At the election of an individual subject to a 
maximum time in class limitation under this subsection, any period of 
service in an ICI position (as defined in section 3 of the Interagency 
Personnel Rotation Act of 2011) that is not within the Department of 
State shall not be used for purposes of determining the period during 
which the individual has served in a class.''.</DELETED>

<DELETED>SEC. 9. EDUCATION AND TRAINING FOR PERSONNEL SERVING IN 
              INTERAGENCY COMMUNITIES OF INTEREST.</DELETED>

<DELETED>    (a) Training and Education Requirements.--</DELETED>
        <DELETED>    (1) Participation by personnel in ici positions.--
        </DELETED>
                <DELETED>    (A) Orientation training and education.--
                During the second fiscal year after the fiscal year in 
                which this Act is enacted, and each fiscal year 
                thereafter, each employee serving in an ICI position 
                shall participate in orientation training and 
                education.</DELETED>
                <DELETED>    (B) Ongoing training and education.--
                During the third fiscal year after the fiscal year in 
                which this Act is enacted, and each fiscal year 
                thereafter, each employee serving in an ICI position 
                shall participate in ongoing training and 
                education.</DELETED>
        <DELETED>    (2) Failure to obtain training and education.--An 
        employee serving in an ICI position who does not successfully 
        complete the orientation training and education and the ongoing 
        training and education required under paragraph (1) may not 
        perform service in an ICI position in another covered agency or 
        interagency body.</DELETED>
        <DELETED>    (3) Contents of training.--The training and 
        education required under paragraph (1) shall include training 
        and education on--</DELETED>
                <DELETED>    (A) national security and homeland 
                security strategy, both general and as relevant to the 
                applicable ICI;</DELETED>
                <DELETED>    (B) the criticality of interagency 
                integration for accomplishing national security and 
                homeland security objectives in an efficient and 
                effective manner;</DELETED>
                <DELETED>    (C) the roles, functions, authorities, 
                cultures, and resources of agencies involved in the 
                applicable ICI; and</DELETED>
                <DELETED>    (D) practical skills and strategies for 
                ensuring maximum interagency cohesion, including 
                effective meeting management, project management, 
                negotiation, and interagency team-building.</DELETED>
        <DELETED>    (4) Online training.--Unless the Committee 
        determines that the benefits of an in-person training for 
        increasing interagency coordination to improve interagency 
        effectiveness and efficiency outweigh the cost, the training 
        and education required under paragraph (1) shall be 
        online.</DELETED>
<DELETED>    (b) Use of Consortium.--</DELETED>
        <DELETED>    (1) In general.--The Committee may use a 
        consortium of agencies, educational institutions, and 
        nongovernmental organizations to provide the training and 
        education required under this section, including by the use of 
        preexisting courses and materials.</DELETED>
        <DELETED>    (2) Inclusions.--The consortium used under 
        paragraph (1) may include Government educational entities such 
        as the Foreign Service Institute, the National Defense 
        University, the Army War College, and the Naval War College, if 
        the head of the agency of which the educational entity is a 
        component determines that participation in the training and 
        education will not adversely impact the capabilities of the 
        agency.</DELETED>

<DELETED>SEC. 10. INTERAGENCY PROCESS AND STRATEGIES TRAINING FOR 
              POLITICAL APPOINTEES.</DELETED>

<DELETED>    (a) Establishment.--</DELETED>
        <DELETED>    (1) In general.--Subject to the direction of the 
        Committee, the Office of Personnel Management shall establish a 
        course for political appointees relating to the objectives, 
        history, and functioning of the senior-level interagency 
        process and strategies for ensuring maximum interagency 
        cohesion and the accomplishment of national security and 
        homeland security objectives in an efficient and effective 
        manner.</DELETED>
        <DELETED>    (2) Length of course.--The length of a course 
        established under paragraph (1) may be different for different 
        positions, based on the seniority of the position and other 
        factors as the Committee determines appropriate.</DELETED>
<DELETED>    (b) Requirement.--Not later than 120 days after an 
individual is appointed to a position which makes the individual a 
political appointee, that individual shall take the course established 
under subsection (a).</DELETED>
<DELETED>    (c) Application.--This section shall apply to appointments 
made on and after the end of the fiscal year following the fiscal year 
in which this Act is enacted.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Interagency Personnel Rotation Act 
of 2011''.

SEC. 2. FINDING AND PURPOSE.

    (a) Finding.--Congress finds that the national security and 
homeland security challenges of the 21st century require that executive 
branch personnel use a whole-of-Government approach in order for the 
United States Government to operate in the most effective and efficient 
manner.
    (b) Purpose.--The purpose of this Act is to increase the efficiency 
and effectiveness of the Government by fostering greater interagency 
experience among executive branch personnel on national security and 
homeland security matters involving more than 1 agency.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency'' has the meaning given the 
        term ``Executive agency'' under section 105 of title 5, United 
        States Code.
            (2) Committee.--The term ``Committee'' means the Committee 
        on National Security Personnel established under section 4(a).
            (3) Covered agency.--The term ``covered agency'' means an 
        agency that is part of an ICI.
            (4) ICI.--The term ``ICI'' means a National Security 
        Interagency Community of Interest identified by the Committee 
        under section 5(a).
            (5) ICI position.--The term ``ICI position''--
                    (A) means--
                            (i) a position that--
                                    (I) is identified by the head of a 
                                covered agency as a position within the 
                                covered agency that has significant 
                                responsibility for the subject area of 
                                the ICI in which the position is 
                                located and for activities that involve 
                                more than 1 agency;
                                    (II) is a position in the civil 
                                service (as defined in section 2101(1) 
                                of title 5, United States Code) in the 
                                executive branch of the Government 
                                (including a position in the Foreign 
                                Service) at or above GS-11 of the 
                                General Schedule or at a level of 
                                responsibility comparable to a position 
                                at or above GS-11 of the General 
                                Schedule; and
                                    (III) is a position within an ICI; 
                                or
                            (ii) a position in an interagency body 
                        identified as an ICI position under section 
                        5(c)(2)(A); and
                    (B) shall not include--
                            (i) any position described under paragraph 
                        (10)(A) or (C); or
                            (ii) any position filled by an employee 
                        described under paragraph (10)(B).
            (6) Intelligence community.--The term ``intelligence 
        community'' has the meaning given under section 3(4) of the 
        National Security Act of 1947 (50 U.S.C. 401a(4)).
            (7) Interagency body.--The term ``interagency body'' means 
        an entity or component identified under section 5(c)(1).
            (8) Interagency rotational service.--The term ``interagency 
        rotational service'' means service by an employee in--
                    (A) an ICI position that is--
                            (i) in--
                                    (I) a covered agency other than the 
                                covered agency employing the employee; 
                                or
                                    (II) an interagency body, without 
                                regard to whether the employee is 
                                employed by the agency in which the 
                                interagency body is located; and
                            (ii) in the same ICI as the position in 
                        which the employee serves or has served before 
                        serving in that ICI position; or
                    (B) in a position in an interagency body identified 
                under section 5(c)(2)(B).
            (9) National security interagency community of interest.--
        The term ``National Security Interagency Community of 
        Interest'' means the positions in the executive branch of the 
        Government that--
                    (A) as a group are positions within multiple 
                agencies of the executive branch of the Government; and
                    (B) have significant responsibility for the same 
                substantive, functional, or regional subject area 
                related to national security or homeland security that 
                requires integration of the positions and activities in 
                that area across multiple agencies to ensure that the 
                executive branch of the Government operates as a 
                single, cohesive enterprise to maximize mission success 
                and minimize cost.
            (10) Political appointee.--The term ``political appointee'' 
        means an individual who--
                    (A) is employed in a position described under 
                sections 5312 through 5316 of title 5, United States 
                Code, (relating to the Executive Schedule);
                    (B) is a noncareer appointee in the Senior 
                Executive Service, as defined under paragraph (7) of 
                section 3132(a) of title 5, United States Code; or
                    (C) is employed in a position in the executive 
                branch of the Government of a confidential or policy-
                determining character under schedule C of subpart C of 
                part 213 of title 5 of the Code of Federal Regulations.
            (11) Senior position.--The term ``senior position'' means--
                    (A) a Senior Executive Service position, as defined 
                in section 3132(a)(2) of title 5, United States Code;
                    (B) a position in the Senior Foreign Service 
                established under the Foreign Service Act of 1980 (22 
                U.S.C. 3901 et seq.);
                    (C) a position in the Federal Bureau of 
                Investigation and Drug Enforcement Administration 
                Senior Executive Service established under section 3151 
                of title 5, United States Code;
                    (D) a position filled by a limited term appointee 
                or limited emergency appointee in the Senior Executive 
                Service, as defined under paragraphs (5) and (6), 
                respectively, of section 3132(a) of title 5, United 
                States Code; and
                    (E) any other equivalent position identified by the 
                Committee.

SEC. 4. COMMITTEE ON NATIONAL SECURITY PERSONNEL.

    (a) Establishment.--There is established the Committee on National 
Security Personnel within the Executive Office of the President.
    (b) Membership.--The members of the Committee shall be the Director 
of the Office of Management and Budget, the Director of the Office of 
Personnel Management, and the Assistant to the President for National 
Security Affairs.
    (c) Chairperson.--The Director of the Office of Management and 
Budget shall be the Chairperson of the Committee.
    (d) Functions.--
            (1) In general.--The Committee shall perform the functions 
        as provided under this Act to implement this Act and shall 
        validate the actions taken by the heads of covered agencies to 
        implement the directives issued and meet the standards 
        established under paragraph (2).
            (2) Directives and standards.--
                    (A) In general.--In consultation with the Director 
                of the Office of Personnel Management and the Assistant 
                to the President for National Security Affairs, the 
                Director of the Office of Management and Budget shall 
                issue directives and establish standards relating to 
                the implementation of this Act.
                    (B) Use by covered agencies.--The head of each 
                covered agency shall carry out the responsibilities 
                under this Act in accordance with the directives issued 
                and standards established by the Director of the Office 
                of Management and Budget.
    (e) Support and Implementation.--
            (1) Board.--There is established a board to assist the 
        Committee, which shall be composed of 1 designee (who shall be 
        serving in an Executive Schedule position at level III) 
        selected by--
                    (A) the Secretary of State;
                    (B) the Secretary of Defense;
                    (C) the Secretary of Homeland Security;
                    (D) the Attorney General;
                    (E) the Secretary of the Treasury;
                    (F) the Secretary of Energy;
                    (G) the Secretary of Health and Human Services;
                    (H) the Secretary of Commerce;
                    (I) the Director of National Intelligence; and
                    (J) the head of any other agency determined 
                appropriate by the Committee.
            (2) Chief human capital officers council.--The Chief Human 
        Capital Officers Council shall provide advice to the Committee 
        regarding technical human capital issues.
            (3) Covered agency officials.--
                    (A) In general.--The head of each covered agency 
                shall designate an officer and office within that 
                covered agency with responsibility for the 
                implementation of this Act.
                    (B) Existing offices.--If an officer or office of a 
                covered agency is designated as the officer or office 
                within the covered agency with responsibility for the 
                implementation of Executive Order 13434 for the covered 
                agency on the date of enactment of this Act, the head 
                of the covered agency shall designate the officer or 
                office as the officer or office within the covered 
                agency with responsibility for the implementation of 
                this Act.
            (4) Staff.--
                    (A) In general.--Not more than 3 full-time 
                equivalent employees may be hired to assist the 
                Committee in implementation of this Act, who may be 
                employees of the Office of Management and Budget or the 
                Office of Personnel Management. Any employee 
                transferred under subparagraph (B)(ii)(II) shall be 
                deemed to be an employee hired for purposes of the 
                authorization under this subparagraph.
                    (B) Funding.--
                            (i) Authorization of appropriations.--There 
                        are authorized to be appropriated for each of 
                        fiscal years 2012 through 2016 to carry out 
                        subparagraph (A) an amount equal to the amount 
                        expended for salaries and expenses of the 
                        National Security Professional Development 
                        Integration Office during fiscal year 2011.
                            (ii) Offset.--
                                    (I) In general.--Except as provided 
                                in paragraph (3)(B), effective on the 
                                date of enactment of this Act, the 
                                National Security Professional 
                                Development Integration Office of the 
                                Department of Defense is terminated 
                                and, on and after the date of enactment 
                                of this Act, the Secretary of Defense 
                                may not establish a comparable office 
                                to implement Executive Order 13434 or 
                                to design, administer, or report on the 
                                creation of a national security 
                                professional development system, cadre 
                                of national security professionals, or 
                                any personnel rotations, education, or 
                                training for individuals involved in 
                                interagency activities or who are 
                                national security professionals who are 
                                not employed by the Department of 
                                Defense. Nothing in this subclause 
                                shall be construed to prohibit the 
                                Secretary of Defense from establishing 
                                or designating an office to administer 
                                interagency rotations by, or the 
                                interagency activities of, employees of 
                                the Department of Defense.
                                    (II) Transfer of functions.--
                                Effective on the date of enactment of 
                                this Act, there are transferred to the 
                                Office of Management and Budget or the 
                                Office of Personnel Management, as 
                                determined appropriate by the 
                                Committee, the functions of the 
                                National Security Professional 
                                Development Integration Office of the 
                                Department of Defense.
                                    (III) Funds.--Effective on the date 
                                of enactment of this Act, all 
                                unobligated balances made available for 
                                the activities of the National Security 
                                Professional Development Integration 
                                Office of the Department of Defense are 
                                rescinded.

SEC. 5. NATIONAL SECURITY INTERAGENCY COMMUNITIES OF INTEREST.

    (a) Identification of ICIs.--Subject to section 8, the Committee--
            (1) shall identify ICIs on an ongoing basis for purposes of 
        carrying out this Act; and
            (2) may alter or discontinue an ICI identified under 
        paragraph (1).
    (b) Identification of ICI Positions.--The head of each covered 
agency shall identify ICI positions within the covered agency.
    (c) Interagency Bodies.--
            (1) Identification.--
                    (A) In general.--The Committee shall identify--
                            (i) entities in the executive branch of the 
                        Government that are primarily involved in 
                        interagency activities relating to national 
                        security or homeland security; and
                            (ii) components of agencies that are 
                        primarily involved in interagency activities 
                        relating to national security or homeland 
                        security and have a mission distinct from the 
                        agency within which the component is located.
                    (B) Certain bodies.--
                            (i) In general.--The Committee shall 
                        identify the National Security Council and the 
                        Directorate of Strategic Operational Planning 
                        of the National Counterterrorism Center as 
                        interagency bodies under this paragraph.
                            (ii) FBI rotations.--Joint Terrorism Task 
                        Forces shall not be considered interagency 
                        bodies for purposes of service by employees of 
                        the Federal Bureau of Investigation.
                    (C) Duties of head of covered agency.--The 
                Committee shall designate the Federal officer who shall 
                perform the duties of the head of a covered agency 
                relating to ICI positions within an interagency body.
            (2) Positions in interagency bodies.--The officials 
        designated under paragraph (1)(C) shall identify--
                    (A) positions within their respective interagency 
                bodies that are ICI positions; and
                    (B) positions within their respective interagency 
                bodies--
                            (i) that are not a position described under 
                        section 3(10)(A) or (C) or a position filled by 
                        an employee described under section 3(10)(B); 
                        and
                            (ii) for which service in the position 
                        shall constitute interagency rotational 
                        service.

SEC. 6. INTERAGENCY COMMUNITY OF INTEREST ROTATIONAL SERVICE.

    (a) Exclusion of Senior Positions.--For purposes of this section, 
the term ``ICI position'' does not include a senior position.
    (b) Rotations.--
            (1) In general.--The Committee shall provide for employees 
        serving in an ICI position to be assigned on a rotational basis 
        to another ICI position that is--
                    (A) within another covered agency or within an 
                interagency body; and
                    (B) within the same ICI.
            (2) Exception.--An employee may be assigned to an ICI 
        position in another covered agency or in an interagency body 
        that is not in the ICI applicable to an ICI position in which 
        the employee serves or has served if--
                    (A) the employee has particular nongovernmental or 
                other expertise or skills that are relevant to the 
                assigned ICI position; and
                    (B) the head of the covered agency employing the 
                employee, the head of the covered agency to which the 
                assignment is made, and the Committee approve the 
                assignment.
            (3) Nonreimbursable basis.--Service by an employee in an 
        ICI position in another covered agency or in an interagency 
        body that is not within the agency employing the employee shall 
        be performed without reimbursement.
            (4) Return to prior position.--Except as provided otherwise 
        by the Committee, an employee performing service in an ICI 
        position in another covered agency or interagency body or in a 
        position designated under section 5(c)(2)(B) shall be entitled 
        to return to the position held by the employee in the covered 
        agency employing the employee within a reasonable period of 
        time after the end of the period of service.
    (c) Selection of ICI Positions Open for Rotational Service.--
            (1) In general.--The head of each covered agency shall 
        determine which ICI positions in the covered agency shall be 
        available for service by employees from another covered agency 
        and may modify a determination under this paragraph.
            (2) List.--The Committee shall maintain a single, 
        integrated list of positions available for service by employees 
        from another covered agency under this section and shall make 
        the list available to Federal employees on an ongoing basis in 
        order to facilitate applications for the positions and long-
        term career planning by employees of the executive branch of 
        the Government, except to the extent that the Committee 
        determines that the identity of certain positions should not be 
        distributed in order to protect national security or homeland 
        security.
    (d) Minimum Period for Service.--With respect to the period of 
service in an ICI position in another covered agency or interagency 
body, the Committee--
            (1) shall, notwithstanding any other provision of law, 
        ensure that the period of service is sufficient to gain an 
        adequately detailed understanding and perspective of the 
        covered agency or interagency body at which the employee is 
        assigned;
            (2) may provide for different periods for service, 
        depending upon the nature of the position, including whether 
        the position is in an area that is a combat zone for purposes 
        of section 112 of the Internal Revenue Code of 1986; and
            (3) shall require that an employee performing service in an 
        ICI position in another covered agency or interagency body is 
        informed of the period of service for the position before 
        beginning such service.
    (e) Voluntary Nature of Rotational Service.--
            (1) In general.--Except as provided in paragraph (2), 
        service in an ICI position in another covered agency or 
        interagency body shall be voluntary by an employee.
            (2) Authority to assign involuntarily.--If the head of a 
        covered agency has the authority under another provision of law 
        to assign an employee involuntarily to a position and the 
        employee is serving in an ICI position, the head of the covered 
        agency may assign the employee involuntarily to serve in an ICI 
        position in another covered agency or interagency body.
    (f) Training and Education of Personnel Performing Interagency 
Rotational Service.--Each employee performing interagency rotational 
service shall participate in the training and education, if any, that 
is regularly provided to new employees by the covered agency or 
interagency body in which the employee is serving in order to learn how 
the covered agency or interagency body functions.
    (g) Prevention of Need for Increased Personnel Levels.--The 
Committee shall ensure that employees are rotated across covered 
agencies and interagency bodies within an ICI in a manner that ensures 
that, for the original ICI positions of all employees performing 
service in an ICI position in another covered agency or interagency 
body--
            (1) employees from another covered agency or interagency 
        body who are performing service in an ICI position in another 
        covered agency or interagency body, or other available 
        employees, begin service in such original positions within a 
        reasonable period, at no additional cost to the covered agency 
        or the interagency body in which such original positions are 
        located; or
            (2) other employees do not need to serve in the positions 
        in order to maintain the effectiveness of or to prevent any 
        costs being accrued by the covered agency or interagency body 
        in which such original positions are located.
    (h) Open and Fair Competition.--Each covered agency or interagency 
body that has an ICI position available for service by an employee from 
another covered agency shall coordinate with the Office of Personnel 
Management to ensure that employees of covered agencies selected to 
perform interagency rotational service shall be selected in a fully 
open and competitive manner that is consistent with the merit system 
principles set forth in paragraphs (1) and (2) of section 2301(b) of 
title 5, United States Code, unless the ICI position is otherwise 
exempt under another provision of law.
    (i) Personnel Law Matters.--
            (1) National security exclusion.--The identification of a 
        position as available for service by an employee of another 
        covered agency or as being within an ICI shall not be a basis 
        for an order under section 7103(b) of title 5, United States 
        Code, excluding the covered agency, or a subdivision thereof, 
        in which the position is located from the applicability of 
        chapter 71 of title 5, United States Code.
            (2) On rotation.--An employee performing interagency 
        rotational service shall have all the rights that would be 
        available to the employee if the employee was detailed or 
        assigned under a provision of law other than this Act from the 
        agency employing the employee to the agency in which the ICI 
        position in which the employee is serving is located.
    (j) Consultation.--The Committee shall consult with relevant 
associations, unions, and other groups involved in collective 
bargaining or encouraging public service, organizational reform of the 
Government, or interagency activities (such as the Simons Center for 
the Study of Interagency Cooperation of the Command and General Staff 
College Foundation) in formulating and implementing policies under this 
Act.
    (k) Officers of the Armed Forces.--The policies, procedures, and 
practices for the management of officers of the Armed Forces may 
provide for the assignment of officers of the Armed Forces to ICI 
positions or positions designated under section 5(c)(2)(B).
    (l) Performance Appraisals.--The Committee shall--
            (1) ensure that an employee receives performance 
        evaluations that are based primarily on the contribution of the 
        employee to the work of the covered agency in which the 
        employee is performing service in an ICI position in another 
        covered agency or interagency body and the functioning of the 
        applicable ICI; and
            (2) require that--
                    (A) officials at the covered agency employing the 
                employee conduct the evaluations based on input from 
                the supervisors of the employee during service in an 
                ICI position in another covered agency or interagency 
                body; and
                    (B) the evaluations shall be provided the same 
                weight in the receipt of promotions and other rewards 
                by the employee from the covered agency employing the 
                employee as performance evaluations receive for other 
                employees of the covered agency.
    (m) Foreign Service.--Section 607(a) of the Foreign Service Act of 
1980 (22 U.S.C. 4007(a)) is amended by adding at the end the following:
            ``(4) At the election of an individual subject to a maximum 
        time in class limitation under this subsection, any period of 
        service in an ICI position (as defined in section 3 of the 
        Interagency Personnel Rotation Act of 2011) that is not within 
        the Department of State shall not be used for purposes of 
        determining the period during which the individual has served 
        in a class.''.
    (n) Reporting.--Not later than October 1 of the first fiscal year 
after the fiscal year in which this Act is enacted, and October 1 of 
each fiscal year thereafter, the Committee shall submit to Congress--
            (1) a consolidated list of ICI positions, which shall 
        include an explanation of the criteria governing the 
        identification of positions as being within the ICI; and
            (2) a consolidated list of ICI positions made available for 
        service by employees from another covered agency, which shall 
        include an explanation of the methodology used by the covered 
        agency in determining which positions were and were not to be 
        made available.

SEC. 7. SELECTION OF SENIOR POSITIONS IN AN INTERAGENCY COMMUNITY OF 
              INTEREST.

    (a) Selection of Individuals To Fill Senior Positions Within an 
ICI.--In selecting individuals to fill senior positions within an ICI, 
the head of a covered agency shall ensure that a strong preference is 
given to selecting of personnel who have performed interagency 
rotational service.
    (b) Establishment by Heads of Covered Agencies of Minimum 
Thresholds.--
            (1) In general.--On October 1 of the second fiscal year 
        after the fiscal year in which the Committee identifies an ICI, 
        and October 1 of each fiscal year thereafter, the head of each 
        covered agency within which 1 or more positions within that ICI 
        are located shall establish the minimum number of that agency's 
        senior positions that are within that ICI that shall be filled 
        by personnel who have performed interagency rotational service.
            (2) Reporting requirements.--
                    (A) Minimum number of positions.--Not later than 30 
                days after the date on which all heads of covered 
                agencies have established the minimum number required 
                under paragraph (1) for a fiscal year, the Committee 
                shall submit to Congress a consolidated list of the 
                minimum numbers of senior positions that shall be 
                filled by personnel who have performed interagency 
                rotational service.
                    (B) Failure to meet minimum number.--Not later than 
                30 days after the end of any fiscal year in which a 
                covered agency fails to meet the minimum number of 
                senior positions to be filled by individuals who have 
                performed interagency rotational service established by 
                the head of the covered agency under paragraph (2), the 
                head of the covered agency shall submit to the 
                Committee and Congress at the end of the fiscal year a 
                report identifying the failure and indicating what 
                actions the head of the covered agency has taken or 
                plans to take in response to the failure.
    (c) Other Rotational Requirements.--
            (1) Credit for service in another component within an 
        agency.--
                    (A) In general.--Service performed during the first 
                3 fiscal years after the fiscal year in which an ICI is 
                identified by the Committee by an employee in a 
                rotation to an ICI position in another component of the 
                covered agency that employs the employee that is 
                identified under subparagraph (B) shall constitute 
                interagency rotational service for purposes of this 
                section.
                    (B) Identification of components.--Subject to 
                approval by the Committee, the head of a covered agency 
                may identify the components of the covered agency that 
                are sufficiently independent in functionality for 
                service in a rotation in the component to qualify as 
                service in another component of the covered agency for 
                purposes of subparagraph (A).
            (2) Intelligence community personnel.--Service performed 
        during the first 3 fiscal years after the fiscal year in which 
        an ICI is identified by the Committee by an employee of a 
        covered agency under any program established before the date of 
        enactment of this Act that provides for rotation assignments of 
        employees across the agencies or elements of the intelligence 
        community shall constitute interagency rotational service for 
        purposes of this section.

SEC. 8. IMPLEMENTATION.

    (a) ICIs and ICI Positions.--
            (1) In general.--During the first 4 fiscal years after the 
        fiscal year in which this Act is enacted--
                    (A) there shall be 2 ICIs, which shall be an ICI 
                for emergency management and an ICI for stabilization 
                and reconstruction; and
                    (B) during each such fiscal year, not less than 20 
                employees and not more than 25 employees in the 
                executive branch of the Government shall perform 
                service in an ICI position in another covered agency or 
                in an interagency body that is not within the agency 
                employing the employee under this Act.
            (2) Location.--
                    (A) In general.--The Committee shall designate a 
                metropolitan area in which the ICI for emergency 
                management will be located and a metropolitan area in 
                which the ICI for stabilization and reconstruction will 
                be located.
                    (B) Service.--During the first 4 fiscal years after 
                the fiscal year in which this Act is enacted, any 
                service in an ICI position in another covered agency or 
                in an interagency body that is not within the agency 
                employing the employee shall be performed--
                            (i) by an employee who is located in the 
                        metropolitan area for the ICI designated under 
                        subparagraph (A) before beginning service in 
                        the ICI position; and
                            (ii) at a location in the metropolitan area 
                        for the ICI designated under subparagraph (A) .
    (b) Priority for Details.--During the first 4 fiscal years after 
the fiscal year in which this Act is enacted, a covered agency shall 
give priority in using amounts available to the covered agency for 
details to assigning employees on a rotational basis under this Act.
    (c) Report.--Not later than 270 days after the date of enactment of 
this Act, the Committee shall submit to Congress a plan for the 
establishment of the ICI for emergency management and the ICI for 
stabilization and reconstruction.

SEC. 9. STRATEGY AND PERFORMANCE EVALUATION.

    (a) Issuing of Strategy.--
            (1) In general.--Not later than October 1 of the third 
        fiscal year after the fiscal year in which this Act is enacted, 
        and every 4 fiscal years thereafter, the Committee shall issue 
        a National Security Human Capital Strategy to develop the 
        national security and homeland security personnel necessary for 
        accomplishing national security and homeland security 
        objectives that require integration of personnel and activities 
        from multiple agencies of the executive branch of the 
        Government.
            (2) Consultations with congress.--In developing or making 
        adjustments to the National Security Human Capital Strategy 
        issued under paragraph (1), the Committee--
                    (A) shall consult at least annually with Congress, 
                including majority and minority views from all 
                appropriate authorizing, appropriations, and oversight 
                committees; and
                    (B) as the Committee determines appropriate, shall 
                solicit and consider the views and suggestions of 
                entities potentially affected by or interested in the 
                strategy.
            (3) Contents of strategy.--Each National Security Human 
        Capital Strategy issued under paragraph (1) shall--
                    (A) provide for the implementation of this Act;
                    (B) identify best practices from ICIs already in 
                operation;
                    (C) identify any additional ICIs to be identified 
                by the Committee;
                    (D) include a schedule for the issuance of 
                directives and establishment of standards relating to 
                the requirements under this Act by the Committee;
                    (E) include a description of how the strategy 
                incorporates views and suggestions obtained through the 
                consultations with Congress required under paragraph 
                (2);
                    (F) include an assessment of performance measures 
                over a multi-year period, such as--
                            (i) the percentage of ICI positions 
                        available for service by employees from another 
                        covered agency for which such employees 
                        performed such service;
                            (ii) the number of personnel participating 
                        in interagency rotational service in each 
                        covered agency and interagency body;
                            (iii) the length of interagency rotational 
                        service under this Act;
                            (iv) reports by the heads of covered 
                        agencies submitted under section 7(b)(2)(B);
                            (v) the training and education of personnel 
                        who perform interagency rotational service, and 
                        the evaluation by the Committee of the training 
                        and education;
                            (vi) the positions (including grade level) 
                        held by employees who perform interagency 
                        rotational service during the period beginning 
                        on the date on which the interagency rotational 
                        service terminates and ending on the date of 
                        the assessment; and
                            (vii) to the extent possible, the 
                        evaluation of the Committee of the utility of 
                        interagency rotational service in improving 
                        interagency integration.
    (b) Reports on Implementation.--
            (1) In general.--Not later than October 1 of the second 
        fiscal year after a fiscal year in which the Committee issues a 
        National Security Human Capital Strategy under subsection (a), 
        the Committee shall issue a report on the implementation of the 
        strategy and this Act.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall include updates to the plan contained in the most recent 
        National Security Human Capital Strategy and reporting that is 
        specific to each ICI and to each covered agency and interagency 
        body regarding--
                    (A) implementation of the National Security Human 
                Capital Strategy and this Act; and
                    (B) performance measures for the National Security 
                Human Capital Strategy and data on the performance 
                measures, including information regarding the 
                performance measures described in subsection (a)(3)(F).
    (c) Submission to Congress.--Not later than 30 days after the date 
on which the Committee issues a National Security Human Capital 
Strategy under subsection (a) or an implementation report under 
subsection (b), the Committee shall submit that strategy or report to 
Congress.

SEC. 10. GAO STUDY OF INTERAGENCY ROTATIONAL SERVICE.

    Not later than the end of the second fiscal year after the fiscal 
year in which this Act is enacted, the Comptroller General of the 
United States shall submit to Congress a report regarding--
            (1) the extent to which performing service in an ICI 
        position in another covered agency or an interagency body under 
        this Act enabled the employees performing the service to gain 
        an adequately detailed understanding of and perspective on the 
        covered agency or interagency body, including an assessment of 
        the effect of--
                    (A) the period of the service; and
                    (B) the duties performed by the employees during 
                the service;
            (2) the effectiveness of the Committee and the staff of the 
        Committee funded under section 4(e)(4)(B) in overseeing and 
        managing interagency rotational service under this Act, 
        including an evaluation of any directives or standards issued 
        by the Committee;
            (3) the participation of covered agencies in interagency 
        rotational service under this Act, including whether each 
        covered agency that performs a mission relating to an ICI in 
        effect--
                    (A) identified positions within the covered agency 
                as ICI positions;
                    (B) had 1 or more employees from another covered 
                agency perform service in an ICI position in the 
                covered agency; or
                    (C) had 1 or more employees of the covered agency 
                perform service in an ICI position in another covered 
                agency;
            (4) the positions (including grade level) held by employees 
        after completing interagency rotational service under this Act, 
        and the extent to which the employees were rewarded for the 
        service; and
            (5) the extent to which or likelihood that interagency 
        rotational service under this Act has improved or is projected 
        to improve interagency integration.

SEC. 11. PROHIBITION OF PRINTED REPORTS.

    Each strategy, plan, report, or other submission required under 
this Act--
            (1) shall be made available by the agency issuing the 
        strategy, plan, report, or other submission only in electronic 
        form; and
            (2) shall not be made available by the agency in printed 
        form.
                                                       Calendar No. 540

112th CONGRESS

  2d Session

                                S. 1268

                          [Report No. 112-235]

_______________________________________________________________________

                                 A BILL

   To increase the efficiency and effectiveness of the Government by 
 providing for greater interagency experience among national security 
 and homeland security personnel through the development of a national 
 security and homeland security human capital strategy and interagency 
        rotational service by employees, and for other purposes.

_______________________________________________________________________

                           November 13, 2012

                       Reported with an amendment