[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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