[Congressional Record Volume 158, Number 51 (Wednesday, March 28, 2012)]
[Senate]
[Pages S2166-S2171]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. INHOFE (for himself, Ms. Murkowski, Mr. Vitter, Mr.
Sessions, Mr. Cornyn, Mr. Risch, Mr. Hoeven, and Mr. Lee):
S. 2248. A bill to clarify that a State has the sole authority to
regulate hydraulic fracturing on Federal land within the boundaries of
the State; to the Committee on Energy and Natural Resources.
Mr. INHOFE. Mr. President, I rise to introduce S. 2248, a bill that
would clarify the States' sole authority to regulate the process of
hydraulic fracturing at the State level as opposed to the Federal
level.
[[Page S2167]]
I am pleased to be joined by Senators Murkowski, Vitter, Sessions,
Cornyn, Risch, Hoeven, and Lee as cosponsors.
The reason for this bill is the State jurisdiction of a process
called hydraulic fracturing, which has taken place since 1949. In 1949,
the first hydraulic fracturing well took place in Duncan, OK. It is
interesting that there has not been one documented case, in over a
million wells using this process--in 60 years--of groundwater
contamination.
As a matter of fact, numerous studies, including reports by the
Groundwater Protection Council, the EPA, and recently the Energy
Institute at the University of Texas at Austin, have found no evidence
of hydraulic fracturing posing a risk to water wells or groundwater. A
lot of people believe--and I am among them--that the reason to take it
over at the Federal level is to do away with hydraulic fracturing. It
is interesting that, recently, with some of the shale deposits and
discoveries that have been made in the United States, we have been able
to get in there, using this process, and come up with huge reserves and
start producing these reserves.
In every case, without exception--in fact, I will go so far as to say
you cannot get one cubic foot of natural gas out of a type formation
without using hydraulic fracturing. The process is and will continue to
be a safe process. Despite the evidence, in President Obama's recent
campaign rhetoric, this administration continues to wage an all-out war
on domestic oil and gas development. During the State of the Union
Message--it was interesting because, apparently, now because of the
high price of gas at the pump, the President is feeling political
pressure, so he is coming out and saying: No, I am not against all
fossil fuels, even though he has been for 4 years. And he started
talking about clean, plentiful, cheap natural gas. I agreed with that;
that is what it is. However, at the same time, if he could have that
rhetoric and be able to make the case that the Federal Government needs
to take over the process of hydraulic fracturing to be under his
control and he can stop that process, he can cut off almost all
production altogether.
According to the nonpartisan Congressional Research Service--and this
is one that came out this month--since 2007, ``about 96 percent of the
[oil production] increase took place on nonfederal lands.''
A recent study also found that 93 percent of shale oil and gas wells
are on private and State lands. The Department of Interior is in the
process of issuing rules which will further discourage production on
Federal lands and federally regulate disclosure of fracking fluids,
well integrity, and waste water. According to Secretary of Interior Ken
Salazar, these are rules which they hope will serve as a model for
future regulation of State lands.
The Obama EPA alone is looking to regulate hydraulic fracturing
through its offices of Water, Air, and Toxics.
What does this legislation do? It is simple. It makes clear that the
States have the sole authority to regulate hydraulic fracturing on any
land within their borders. This would include Federal lands within the
borders of a State.
It also requires hydraulic fracturing on Federal lands to comply with
the State laws of which the Federal lands are located.
Activities related to hydraulic fracturing are already regulated at
the Federal level under a variety of environmental statutes, including
portions of the Clean Water Act, Safe Drinking Water Act, and the Clean
Air Act.
States better understand their unique geologies and interests. I
happen to be from Oklahoma, which is an oil State, and it varies from
State to State. Louisiana deposits are found at a different level than
ours in Oklahoma. Recently, people think of all these deposits being
located in the West. However, the Marcellus discoveries that have been
made are actually in New York State and Pennsylvania, so their local
regulations are much more applicable than it would be if you did it at
the Federal level.
I invite cosponsors. Here we are in the United States with more
recoverable reserves in oil, gas, and coal than any other country in
the world. We can be completely self-sufficient from the Mid Eastern
oil if we get politics out of the way and use our own resources. We are
the only country in the world that doesn't develop its own resources.
This is the answer to the problem--the answer to the price of gas at
the pump. It is one more option. We need to get out of the way of this
process called hydraulic fracturing.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2248
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fracturing Regulations are
Effective in State Hands Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) hydraulic fracturing is a commercially viable practice
that has been used in the United States for more than 60
years in more than 1,000,000 wells;
(2) the Ground Water Protection Council, a national
association of State water regulators that is considered to
be a leading groundwater protection organization in the
United States, released a report entitled ``State Oil and
Natural Gas Regulations Designed to Protect Water Resources''
and dated May 2009 finding that the ``current State
regulation of oil and gas activities is environmentally
proactive and preventive'';
(3) that report also concluded that ``[a]ll oil and gas
producing States have regulations which are designed to
provide protection for water resources'';
(4) a 2004 study by the Environmental Protection Agency,
entitled ``Evaluation of Impacts to Underground Sources of
Drinking Water by Hydraulic Fracturing of Coalbed Methane
Reservoirs'', found no evidence of drinking water wells
contaminated by fracture fluid from the fracked formation;
(5) a 2009 report by the Ground Water Protection Council,
entitled ``State Oil and Natural Gas Regulations Designed to
Protect Water Resources'', found a ``lack of evidence'' that
hydraulic fracturing conducted in both deep and shallow
formations presents a risk of endangerment to ground water;
(6) a January 2009 resolution by the Interstate Oil and Gas
Compact Commission stated ``The states, who regulate
production, have comprehensive laws and regulations to ensure
operations are safe and to protect drinking water. States
have found no verified cases of groundwater contamination
associated with hydraulic fracturing.'';
(7) on May 24, 2011, before the Oversight and Government
Reform Committee of the House of Representatives, Lisa
Jackson, the Administrator of the Environmental Protection
Agency, testified that she was ``not aware of any proven case
where the fracking process itself has affected water'';
(8) in 2011, Bureau of Land Management Director Bob Abbey
stated, ``We have not seen evidence of any adverse effect as
a result of the use of the chemicals that are part of that
fracking technology.'';
(9)(A) activities relating to hydraulic fracturing (such as
surface discharges, wastewater disposal, and air emissions)
are already regulated at the Federal level under a variety of
environmental statutes, including portions of--
(i) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.);
(ii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
and
(iii) the Clean Air Act (42 U.S.C. 7401 et seq.); but
(B) Congress has continually elected not to include the
hydraulic fracturing process in the underground injection
control program under the Safe Drinking Water Act (42 U.S.C.
300f et seq.);
(10) in 2011, the Secretary of the Interior announced the
intention to promulgate new Federal regulations governing
hydraulic fracturing on Federal land; and
(11) a February 2012 study by the Energy Institute at the
University of Texas at Austin, entitled ``Fact-Based
Regulation for Environmental Protection in Shale Gas
Development'', found that ``[n]o evidence of chemicals from
hydraulic fracturing fluid has been found in aquifers as a
result of fracturing operations''.
SEC. 3. DEFINITION OF FEDERAL LAND.
In this Act, the term ``Federal land'' means--
(1) public lands (as defined in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702));
(2) National Forest System land;
(3) land under the jurisdiction of the Bureau of
Reclamation; and
(4) land under the jurisdiction of the Corps of Engineers.
SEC. 4. STATE AUTHORITY.
(a) In General.--A State shall have the sole authority to
promulgate or enforce any regulation, guidance, or permit
requirement regarding the underground injection of fluids or
propping agents pursuant to the hydraulic fracturing process,
or any component of that process, relating to oil, gas, or
geothermal production activities on or under any land within
the boundaries of the State.
(b) Federal Land.--The underground injection of fluids or
propping agents pursuant to the hydraulic fracturing process,
or any components of that process, relating to oil, gas, or
geothermal production activities on
[[Page S2168]]
Federal land shall be subject to the law of the State in
which the land is located.
______
By Mr. AKAKA:
S. 2249. A bill to provide for the reform of the Senior Executive
Service; to the Committee on Homeland Security and Governmental
Affairs.
Mr. AKAKA. Mr. President, today I am introducing the Senior Executive
Service Reform Act of 2012, a bill to strengthen the Federal
Government's senior leadership corps.
In this time of fiscal constraint, agencies and Federal employees are
being asked to do more with less, and they are rising to meet this
challenge. Leading the way in efforts to cut costs without compromising
agency missions are members of the Senior Executive Service, SES, who
are responsible for driving management priorities and promoting
efficiency within agencies and across the Government.
Each year, Presidential Rank Awards are given to outstanding Senior
Executives in recognition of their innovation and management expertise
that save taxpayers billions of dollars. This is no small feat in an
era of shrinking budgets and limited resources. I am proud that such
talented people have chosen to join the Federal Government, and believe
that America has benefitted as a result of their commitment to public
service.
Last year, I chaired a hearing entitled, ``Strengthening the Senior
Executive Service: A Review of Challenges Facing the Government's
Leadership Corps.'' Witnesses testified about shortcomings in Senior
Executive Service candidate development, diversity, and training.
Testimony also focused on disincentives for applying to the SES,
including increased workload and responsibilities compared to General
Schedule, GS, positions with little additional compensation and fewer
workers' rights. This bill addresses many of the challenges my hearing
brought to light.
A recent report from the Congressional Budget Office concluded that
Federal employees with professional degrees are paid 23 percent less
than their counterparts in the private sector. The Senior Executive
Service is made up of these highly-educated professionals who often
find themselves not only making less than those in the private sector,
but also other Federal workers. In 2004, Congress enacted reforms
linking SES pay to Congressional pay, which has not kept pace with the
GS. As a result, the GS pay scale overlaps substantially with the lower
end of the SES. This means that a Senior Executive may be paid less
than employees he or she supervises. This bill would mitigate the
overlap--often referred to as pay compression--by having Senior
Executive pay more closely pace the pay of those they supervise.
Performance-based pay is an integral part of the Senior Executive
Service. The legislation would strengthen SES performance management
and further address disincentives for joining the SES by including
performance awards as base pay for the purpose of retirement
calculations. Additionally, it would increase transparency in SES
performance ratings by requiring an explanation for why a rating is
lowered from an initial recommendation. Quotas in performance pay
adjustments also would be prohibited.
Restoration of career leadership and career development are important
components of this legislation. A Senior Executive Service Resource
Office would be established to collect data on the SES and oversee
candidate development, management, and training.
Finally, the bill would encourage diversity in the SES by requiring
agencies to include ethnic minorities, women, and those with
disabilities as part of the SES hiring process whenever practicable.
This language closely mirrors the Senior Executive Service Diversity
Assurance Act, which I introduced with Congressman Danny Davis of
Illinois in the 110 and 111 Congresses.
The time has come to reframe the discussion surrounding our Nation's
civil servants. We must invest in our Government's senior leaders and
recognize the critical role they play in making our agencies and the
Federal Government more efficient and effective.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2249
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Senior
Executive Service Reform Act of 2012''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title and table of contents.
TITLE I--RESTORATION OF CAREER LEADERSHIP
Sec. 101. Senior Executive Service agency appointments.
Sec. 102. Career reserved position designation for certain
administrative or management positions.
TITLE II--SENIOR EXECUTIVE SERVICE PAY AND PERFORMANCE MANAGEMENT
IMPROVEMENT
Sec. 201. Annual adjustment for senior executives and other senior
employees at the fully successful level or higher.
Sec. 202. Inclusion of executive performance awards and bonuses in
basic pay for retirement annuities.
Sec. 203. Certification of agency performance appraisal systems.
Sec. 204. Transparency of ratings for performance appraisals and rating
reductions of senior executives.
Sec. 205. Transparency of Senior Executive Service rankings and pay.
Sec. 206. Effective dates.
TITLE III--SENIOR EXECUTIVE SERVICE CAREER DEVELOPMENT
Sec. 301. Senior Executive Service Resource Office.
Sec. 302. Senior Executive Service executive development plans.
Sec. 303. Senior executive onboarding programs.
Sec. 304. Senior Executive Service rotation programs.
Sec. 305. Effective date.
TITLE IV--SENIOR EXECUTIVE SERVICE DIVERSITY ASSURANCE
Sec. 401. Career appointments.
Sec. 402. Encouraging a more diverse Senior Executive Service.
TITLE I--RESTORATION OF CAREER LEADERSHIP
SEC. 101. SENIOR EXECUTIVE SERVICE AGENCY APPOINTMENTS.
Section 3134 of title 5, United States Code, is amended--
(1) in subsection (b)--
(A) by inserting ``(1)'' after ``(b)''; and
(B) by adding at the end the following:
``(2) The total number of Senior Executive Service
positions used to determine the 10-percent limitation under
paragraph (1) for available positions for noncareer
appointees shall be based on filled Senior Executive Service
positions at the start of each fiscal year, not total
authorized positions.'';
(2) in subsection (d)(1), by striking ``25 percent'' and
inserting ``15 percent'';
(3) by redesignating subsection (e) as subsection (f); and
(4) by inserting after subsection (d) the following:
``(e)(1) The total number of Senior Executive Service
positions used to determine the 15-percent limitation under
subsection(d)(1) for available positions for noncareer
appointees shall be based on filled Senior Executive Service
positions at the start of each fiscal year, not total
authorized positions.''.
SEC. 102. CAREER RESERVED POSITION DESIGNATION FOR CERTAIN
ADMINISTRATIVE OR MANAGEMENT POSITIONS.
(a) In General.--Chapter 14 of title 5, United States Code,
is amended by adding at the end the following:
``Sec. 1403. Career reserved position designation for
certain administrative or management positions
``(a)(1) The head of each agency referred to under
paragraphs (1) and (2) of section 901(b) of title 31 shall
establish a position which is, or is comparable to, an
assistant secretary for administration or management.
``(2) Each agency assistant secretary for administration or
management, or incumbent of a comparable position shall--
``(A) be appointed in accordance with the law, or if no law
provides for that appointment, by the head of the agency;
``(B) be a member of the career Senior Executive Service;
``(C) be appointed or designated, as applicable, from among
individuals who possess demonstrated ability in general
management of, and knowledge of, and extensive practical
experience in areas such as procurement, human capital,
information technology, and related matters; and
``(D) perform such duties as the head of the agency shall
prescribe.
``(b) If the individual serving in any position of
assistant secretary or in any comparable position in an
agency described under subsection (a) is not a career
appointee as defined under section 3132(a)(4), the head of
that agency shall appoint a career appointee to the position
of the principal deputy to that assistant secretary or the
officer in that comparable position.
``(c) The head of each agency shall appoint a career
appointee to the positions which entail direct responsibility
for agency-wide programs or functions in the following
occupational disciplines:
[[Page S2169]]
``(1) Acquisition.
``(2) Information Technology.
``(3) Human Resources.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 14 of title 5, United States Code, is
amended by inserting after the item relating to section 1402
the following:
``Sec. 1403. Career reserved position designation for certain
administrative or management positions.''.
(c) Regulations.--The Office of Personnel Management shall
prescribe regulations to carry out this section.
TITLE II--SENIOR EXECUTIVE SERVICE PAY AND PERFORMANCE MANAGEMENT
IMPROVEMENT
SEC. 201. ANNUAL ADJUSTMENT FOR SENIOR EXECUTIVES AND OTHER
SENIOR EMPLOYEES AT THE FULLY SUCCESSFUL LEVEL
OR HIGHER.
(a) Prohibition on Quotas and Forced Distributions.--
Section 4314 of title 5, United States Code, is amended by
adding at the end the following:
``(d) Any determination under this section shall be made
without the use of quotas or forced distribution of
ratings.''.
(b) Pay for Certain Senior-level Positions.--Section
5376(b) of title 5, United States Code, is amended by
striking paragraph (2) and inserting the following:
``(2)(A) Subject to paragraph (1), effective at the
beginning of the first applicable pay period commencing on or
after the first day of the month in which an adjustment takes
effect under section 5303 in the rates of pay under the
General Schedule, each rate of pay established under this
section for positions within an agency shall be adjusted, in
the case of an employee in such a position whose most recent
performance appraisal rating is the equivalent of fully
successful or higher, by the total average adjustment in
rates of pay authorized by section 5303 and 5304.
``(B) Subject to paragraph (1), subparagraph (A) of this
paragraph shall not limit the authorization of an annual
adjustment based on performance or contribution to agency
mission that is greater than the amount provided for in this
section.''.
(c) Setting Senior Executive Pay.--Section 5383 of title 5,
United States Code, is amended by striking subsection (c) and
inserting the following:
``(c)(1) Effective at the beginning of the first applicable
pay period commencing on or after the first day of the month
in which an adjustment takes effect under section 5303 and
5304 in the rates of pay under the General Schedule, each
rate of pay established under this section for positions
within an agency shall be adjusted, in the case of an
employee in such a position whose most recent performance
appraisal rating is the equivalent of fully successful or
higher, by the total average adjustment in rates of pay
authorized by section 5303 and 5304.
``(2) Subject to paragraph (1) this subsection shall not
limit the authorization of an annual adjustment based on
performance or contribution to agency mission that is greater
than the amount provided for in this section.
``(3) This subsection shall comply with any requirement
established under section 5382.
``(4) Except as provided under paragraph (3), this
subsection shall not limit the head of an agency from
authorizing an annual adjustment that is greater than the
amount provided for in this section.''.
(d) Setting Individual Senior-level Pay.--Section 5383(e)
of title 5, United States Code, is amended by adding at the
end the following:
``(3)(A) In this paragraph the term `covered appointee'
means--
``(i) an appointee to a senior level position described
under section 5376(a)(1) or (2); or
``(ii) an appointee to the FBI DEA Senior Executive Service
established under section 3151.
``(B) Paragraphs (1) and (2) shall apply to covered
appointees--
``(i) by substituting `covered appointee' for `career
appointee'; and
``(ii) by substituting `a career position as a covered
appointee' for `a career reserved position in the Senior
Executive Service'.''.
SEC. 202. INCLUSION OF EXECUTIVE PERFORMANCE AWARDS AND
BONUSES IN BASIC PAY FOR RETIREMENT ANNUITIES.
(a) Definition of Basic Pay.--Section 8331(3) of title 5,
United States Code, is amended--
(1) in subparagraph (G), by striking ``and'' after the
semicolon;
(2) in the matter following subparagraph (H), by striking
``subparagraphs (B) through (H)'' and inserting
``subparagraphs (B) through (J)''; and
(3) by inserting after subparagraph (H) the following:
``(I) with respect to a member of the Senior Executive
Service, performance awards under section 5384; and
``(J) with respect to a senior executive as defined under
section 3132(a)(3), a member of the FBI DEA Senior Executive
Service established under section 3151, and senior level
positions compensated under section 5376--
``(i) agency awards under section 4503;
``(ii) performance awards under section 4505a;
``(iii) bonuses under section 5754; and
``(iv) bonuses under section 5753;''.
(b) Application.--The amendments made by this section only
apply to bonuses and awards granted to an employee after the
date of enactment of this Act.
SEC. 203. CERTIFICATION OF AGENCY PERFORMANCE APPRAISAL
SYSTEMS.
Section 5307(d)(3) of title 5, United States Code, is
amended--
(1) in subparagraph (A), by striking ``and the Office of
Management and Budget jointly'';
(2) in subparagraph (B), by striking ``not to exceed 24
months'' and inserting ``of 36 months'';
(3) in subparagraph (C), by striking ``, with the
concurrence of the Office of Management and Budget,''; and
(4) by adding at the end the following:
``(D)(i) The Office of Personnel Management may annually
review the information provided by agencies under section
4314(c)(6) to determine whether the agency meets minimum
certification requirements.
``(ii) At the discretion of the Office, the Office may
review the certification of an agency and request the agency
to submit information to support certification at any time
during the certification period.
``(E)(i) An agency that has received certification from the
Office of Personnel Management shall not make changes to that
agency's performance appraisal system without approval from
the Office of Personnel Management.
``(ii) The Office of Personnel Management shall review
annual performance plans to ensure agency compliance and
implementation.
``(F) The termination of certification during the
certification period shall be preceded by--
``(i) notification from the Office of Personnel Management
to an agency about what the agency is required to do to
continue its certification; and
``(ii) a reasonable period of time following the
notification referred to under clause (i) to take corrective
action.''.
SEC. 204. TRANSPARENCY OF RATINGS FOR PERFORMANCE APPRAISALS
AND RATING REDUCTIONS OF SENIOR EXECUTIVES.
Section 4314(c) of title 5, United States Code, is
amended--
(1) in paragraph (2)--
(A) by inserting ``(A)'' after ``(1)''; and
(B) by adding at the end the following:
``(B) When recommending a lower rating than was assigned in
the initial appraisal of a senior executive's performance, a
written explanation providing reasons for the lower rating
shall be provided to the senior executive by the board not
later than the date the recommendation is made.'';
(2) in paragraph (3), by inserting ``Not later than 30 days
after an appraisal and rating is made for a senior executive,
the agency shall provide the senior executive with
notification of that appraisal and rating, including, as
applicable, a written explanation of reasons why a lower
rating is assigned than is recommended by the board.'' after
the period; and
(3) by adding at the end the following:
``(6)(A)(i) Each agency, having 10 or more career
appointees, shall annually publish on the agency website the
overall number of ratings awarded to members of the Senior
Executive Service at each performance rating level,
including--
``(I) the average overall salary adjustment at each level;
``(II) the minimum and maximum adjustment at each level;
``(III) the percentage of senior executives at each rating
level who received the minimum and maximum salary adjustment;
and
``(IV) the number of senior executives who received
performance awards under section 5384 and the average amount
of those awards.
``(ii) Rating levels and salary adjustment information
under clause (i) shall be provided separately for career and
noncareer senior executives in agencies having 10 or more
noncareer senior executives.
``(B) Each agency shall annually publish on the agency
website an internal plan which describes a system for
determining Senior Executive Service salary and bonus
amounts.''.
SEC. 205. TRANSPARENCY OF SENIOR EXECUTIVE SERVICE RANKINGS
AND PAY.
(a) In General.--Chapter 43 of title 5, United States Code,
is amended--
(1) by redesignating section 4315 as section 4316;
(2) in section 4312(c)(3), by striking ``4315'' and
inserting ``4316''; and
(3) by inserting after section 4314 the following:
``Sec. 4315. Survey on the transparency of Senior Executive
Service performance management and pay
``In consultation with the organization representing the
largest number of senior executives, the Merit Systems
Protection Board shall every 2 years conduct and publish the
results of a survey of career appointees relating to--
``(1) the level of transparency and availability of agency
performance appraisal systems and compensation policies to
career appointees;
``(2) the use or perceived use of quotas or forced
distribution in the application of the agency performance
appraisal system;
``(3) any actual or perceived irregularities with the
administration of the Senior Executive Service performance
appraisal system; and
``(4) such other factors as the Merit Systems Protection
Board shall determine are necessary and appropriate.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 43 of
[[Page S2170]]
title 5, United States Code, is amended by striking the item
relating to section 4315 and inserting the following:
``Sec. 4315. Survey on the transparency of Senior Executive Service
performance management and pay.
``Sec. 4316. Regulations.''.
SEC. 206. EFFECTIVE DATES.
(a) In General.--Except as provided under subsection (b),
this title shall take effect 180 days after the date of
enactment of this Act.
(b) Certification of Agency Performance Appraisal
Systems.--Section 203 shall take effect on the date of
enactment of this Act.
TITLE III--SENIOR EXECUTIVE SERVICE CAREER DEVELOPMENT
SEC. 301. SENIOR EXECUTIVE SERVICE RESOURCE OFFICE.
(a) Definitions.--In this section--
(1) the term ``Director'' means the Director of the Office
of Personnel Management;
(2) the term ``Senior Executive Service'' has the meaning
given under section 2101a of title 5, United States Code;
(3) the terms ``agency'' and ``career reserved position''
have the meanings given under section 3132 of title 5, United
States Code; and
(4) the term ``SES Resource Office'' means the Senior
Executive Service Resource Office established under
subsection (b).
(b) Establishment.--The Director shall establish within the
Office of Personnel Management an office to be known as the
Senior Executive Service Resource Office.
(c) Mission.--The mission of the SES Resource Office shall
be to--
(1) improve the efficiency, effectiveness, and productivity
of the Senior Executive Service through policy formulation
and oversight;
(2) advance the professionalism of the Senior Executive
Service; and
(3) seek to achieve a Senior Executive Service reflective
of the Nation's diversity.
(d) Functions.--
(1) In general.--The functions of the SES Resource Office
are to--
(A) make recommendations to the Director with respect to
regulations; and
(B) provide guidance to agencies, concerning the structure,
management, and diverse composition of the Senior Executive
Service.
(2) Specific functions.--In order to carry out the purposes
of this section, the SES Resource Office shall--
(A) take such actions as the SES Resource Office considers
necessary to manage and promote an efficient, elite, and
diverse corps of senior executives by providing oversight of
the onboarding, performance, structure, composition, and
candidate development of the Senior Executive Service,
including the Senior Executive Service Federal Candidate
Development Program;
(B) be responsible for coordinating, promoting, and
monitoring programs for the advancement and training of
senior executives, including mentoring programs;
(C) be responsible for the policy development, management,
and oversight of the Senior Executive Service pay and
performance management system;
(D) develop standards for certification of each agency's
Senior Executive Service performance management system and
evaluate all agency applications for certification;
(E) provide oversight of, and guidance to, agency executive
resources boards;
(F) be responsible for the administration of the
qualifications review board;
(G) establish and maintain annual statistics (in a form
that renders such statistics useful to appointing authorities
and candidates) on--
(i) the total number of career reserved positions at each
agency;
(ii) the total number of vacant career reserved positions
at each agency;
(iii) the amount of time it takes to hire a candidate into
a career reserved position;
(iv) the number of individuals who have been certified in
accordance with section 3393(c) of title 5, United States
Code, and the composition of that group of individuals with
regard to race, ethnicity, sex, age, and individuals with
disabilities;
(v) the composition of the Senior Executive Service with
regard to race, ethnicity, sex, age, and individuals with
disabilities;
(vi) the composition of executive resources boards with
regard to race, ethnicity, sex, and individuals with
disabilities; and
(vii) the composition of qualifications review boards with
regard to race, ethnicity, sex, and individuals with
disabilities;
(H) make available to the public through the official
public Internet site of the Office of Personnel Management,
the data collected under subparagraph (G);
(I) conduct a continuing program for the recruitment of
women, members of racial and ethnic minority groups, and
individuals with disabilities for Senior Executive Service
positions, with special efforts directed at recruiting from
educational institutions, professional associations, and
other sources;
(J) advise agencies on the best practices for an agency in
utilizing or consulting with an agency's equal employment or
diversity office or official (if the agency has such an
office or official) with regard to the agency's Senior
Executive Service appointments process; and
(K) administer an online survey to all individuals leaving
a position in the Senior Executive Service to better
understand the reasons for the departure--
(i) which shall--
(I) at a minimum request information regarding--
(aa) the reason for departure;
(bb) plans for subsequent employment; and
(cc) suggestions for improving the effectiveness of senior
executives within the agency in which the individual serves
and the Federal Government; and
(II) be incorporated into strategic planning by agencies,
in coordination with the Office of Personnel Management; and
(ii) the results of which shall be made available to the
public on a semi-annual basis through the official public
Internet site of the Office of Personnel Management.
(e) Protection of Individually Identifiable Information.--
For purposes of subparagraphs (H) and (K)(ii) of subsection
(d)(2), the SES Resource Office shall combine data for any
agency that is not named in section 901(b) of chapter 31,
United States Code, to protect individually identifiable
information.
(f) Cooperation of Agencies.--The head of each agency shall
provide the Office of Personnel Management with such
information as the SES Resource Office may require in order
to carry out subsection (d)(2)(G).
SEC. 302. SENIOR EXECUTIVE SERVICE EXECUTIVE DEVELOPMENT
PLANS.
(a) Executive Development Plans.--Section 3396 of title 5,
United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c)(1) Upon appointment into the Senior Executive
Service, each senior executive shall create an executive
development plan that includes continuing development,
training, and mentoring goals. The plan shall be submitted to
the head of the agency for approval. Each senior executive
shall update their executive development plan on a regular
basis.
``(2) The Office shall establish standards for multi-year
executive development plans.''.
(b) Technical and Conforming Amendment.--Section 3151(a)(7)
of title 5, United States Code, is amended by striking
``section 3396(c)'' and inserting ``section 3396(d)''.
SEC. 303. SENIOR EXECUTIVE ONBOARDING PROGRAMS.
Section 3396 of title 5, United States Code, (as amended by
section 302) is further amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following:
``(d)(1) In consultation with the Office of Personnel
Management, the head of each agency shall oversee the
establishment of an onboarding program for newly appointed
career appointees and noncareer appointees.
``(2)(A) Except as provided in subparagraph (B), not later
than 180 days after the date of an initial appointment, each
career appointee or noncareer appointee shall be required to
successfully complete an onboarding program established under
this subsection.
``(B)(i) A position described under section 5312 or 5313
may be exempt from the requirement under subparagraph (A).
``(ii) In addition to positions described in clause (i),
the head of an agency may exempt appointees in very senior
positions at the agency from the requirement under
subparagraph (A).
``(C) The Office of Personnel Management shall establish
criteria for determining which positions are very senior for
purposes of this paragraph.
``(3) Each agency onboarding program shall include--
``(A) an overview of the mission, priorities, and strategic
plan of the agency;
``(B) the role and responsibilities for each new appointee;
``(C) a review of individual performance objectives and
goal setting;
``(D) goals for mentoring candidates for the Senior
Executive Service;
``(E) an overview of the rules and regulations governing
the Senior Executive Service; and
``(F) other components the head of the agency or the Office
determines necessary.''.
SEC. 304. SENIOR EXECUTIVE SERVICE ROTATION PROGRAMS.
Section 3396 of title 5, United States Code, (as amended by
sections 301 and 302) is further amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (d) the following:
``(e)(1)(A) In consultation with the Office of Personnel
Management, an agency may establish a program to provide for
inter-agency, inter-governmental, and inter-sector rotation
programs for career appointees and potential career
appointees in the Senior Executive Service, senior positions,
and managers showing leadership potential. The rotation
programs established under this section shall adhere to the
principles of the Senior Executive Service by strengthening
collaboration and building interagency relationships.
``(B)(i) In consultation with the Chief Privacy Officer of
the Office of Personnel Management, the Office shall
establish a centralized database for agencies establishing
rotation programs under subparagraph (A) that--
``(I) contains information on each senior executive as
defined under section 3132, including information on
education, experience, training, and professional development
interests; and
``(II) shall serve as a profile registry to be used by
agencies and senior executives in making rotation decisions.
[[Page S2171]]
``(ii) The Office shall prescribe regulations to carry out
this subparagraph, including regulations to establish the
database and provide for oversight, management, and
administration of the database.
``(C) Each agency shall allow a senior executive the right
of return from a temporary rotation detail or assignment that
is not a reassignment or transfer without a loss of status
and seniority.
``(2) Senior Executive Service rotations may be
accomplished through the use of--
``(A) extended details;
``(B) task force assignments and interagency projects;
``(C) sabbaticals to the private sector in accordance with
subsection (c);
``(D) programs established under the Intergovernmental
Personnel Act of 1970 (42 U.S.C. 4701 note);
``(E) the Information Technology Exchange Program; or
``(F) other exchange programs as established by agencies.
``(3) Any career appointee in an agency may be granted a
detail or sabbatical under this subsection if the appointee
agrees, as a condition of accepting the detail or sabbatical,
to serve in the civil service upon the completion of the
detail or sabbatical for a period equal to the period of the
detail or sabbatical.
``(4) The Office shall publish guidelines for specific
objectives and desired results that should be obtained by a
senior executive who receives a rotation assignment.
``(5)(A) Except as provided under subparagraph (B), an
agency may not require participation in a rotation program as
a precondition for an appointment to a career reserved
position as defined under section 3132.
``(B) Subparagraph (A) shall not apply if the agency, under
regulations prescribed by the Office--
``(i) provides adequate notice of a requirement to
participate in a rotation program to candidates within the
agency;
``(ii) makes opportunities under a rotation program
available to those candidates; and
``(iii) provides a phase-in period for candidates to meet
the rotation requirement.
``(C) The Office shall prescribe regulations to carry out
this paragraph.''.
SEC. 305. EFFECTIVE DATE.
This title shall take effect 180 days after the date of
enactment of this Act.
TITLE IV--SENIOR EXECUTIVE SERVICE DIVERSITY ASSURANCE
SEC. 401. CAREER APPOINTMENTS.
(a) Promoting Diversity in the Career Appointments
Process.--Section 3393(b) of title 5, United States Code, is
amended by inserting after the first sentence the following:
``In establishing an executive resources board, the head of
the agency shall, to the extent practicable, ensure diversity
of the board and of any subgroup thereof or other evaluation
panel related to the merit staffing process for career
appointees, by including members of racial and ethnic
minority groups, women, and individuals with disabilities.''.
(b) Regulations.--Not later than 1 year after the date of
the enactment of this Act, the Director shall promulgate
regulations to implement subsection (a).
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, the Director shall submit to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Oversight and Government
Reform of the House of Representatives a report evaluating
agency efforts to improve diversity in executive resources
boards based on the information collected by the SES Resource
Office under section 301(d)(2)(G)(vi) and (vii).
SEC. 402. ENCOURAGING A MORE DIVERSE SENIOR EXECUTIVE
SERVICE.
(a) Senior Executive Service Diversity Plans.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, each agency, in consultation with
the Office of Personnel Management and the Chief Human
Capital Officers Council, shall submit to the Office of
Personnel Management a plan to enhance and maximize
opportunities for the advancement and appointment of
minorities, women, and individuals with disabilities in the
agency to the Senior Executive Service. Agency plans shall be
reflected in the strategic human capital plan.
(2) Contents.--Agency plans shall address how the agency is
identifying and eliminating barriers that impair the ability
of minorities, women, and individuals with disabilities to
obtain appointments to the Senior Executive Service and any
actions the agency is taking to provide advancement
opportunities, including--
(A) conducting outreach to minorities, women, and
individuals within the agency and outside the agency;
(B) establishing and maintaining training and education
programs to foster leadership development;
(C) identifying career enhancing opportunities for agency
employees;
(D) assessing internal availability of candidates for
Senior Executive Service positions; and
(E) conducting an inventory of employee skills and
addressing current and potential gaps in skills and the
distribution of skills.
(3) Update of agency plans.--Agency plans shall be updated
at least every 2 years during the 10 years following
enactment of this Act. An agency plan shall be reviewed by
the Office of Personnel Management and, if determined to
provide sufficient assurances, procedures, and commitments to
provide adequate opportunities for the advancement and
appointment of minorities, women, and individuals with
disabilities to the Senior Executive Service, shall be
approved by such Office. An agency may, in updating its plan,
submit to the Office of Personnel Management an assessment of
the impacts of the plan.
(b) Summary and Evaluation.--Not later than 180 days after
the deadline for the submission of any report or update under
subsection (a), the Director shall transmit to the Committee
on Homeland Security and Governmental Affairs of the Senate
and the Committee on Oversight and Government Reform of the
House of Representatives a report summarizing and evaluating
the agency plans or updates (as the case may be) so
submitted.
(c) Coordination.--The Office of Personnel Management
shall, in carrying out subsection (a), evaluate existing
requirements under section 717 of the Civil Rights Act of
1964 (42 U.S.C. 2000e 16) and section 501 of the
Rehabilitation Act of 1973 (29 U.S.C. 791) and determine how
agency reporting can be performed so as to be consistent
with, but not duplicative of, such sections and any other
similar requirements.
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