II 

Calendar No. 540 

112TH CONGRESS 

2D SESSION S. 1268 

[Report No. 112–235] 

To increase the efficiency and effectiveness of the Government by providing 

for greater interagency experience among national security and homeland 

security personnel through the development of a national security and 

homeland security human capital strategy and interagency rotational 

service by employees, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 23, 2011 

Mr. LIEBERMAN (for himself, Ms. COLLINS, Mr. AKAKA, and Mr. LUGAR) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

NOVEMBER 13, 2012 

Reported by Mr. LIEBERMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To increase the efficiency and effectiveness of the Government by providing for greater interagency experience 

among national security and homeland security personnel 

through the development of a national security and 

homeland security human capital strategy and interagency rotational service by employees, and for other 

purposes. 


PWALKER on DSK7TPTVN1PROD with BILLS
2 

•S 1268 RS

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Interagency Personnel 

5 Rotation Act of 2011’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) the national security and homeland security 

9 challenges of the 21st century bridge the foreign and 

10 domestic divide and require a whole-of-Government 

11 approach in order for the United States Government 

12 to operate in the most effective and efficient man13 ner; and 

14 (2) these challenges require that executive 

15 branch personnel— 

16 (A) view national security and homeland 

17 security issues from a whole-of-Government per18 spective; 

19 (B) understand the capabilities, authori20 ties, resources, and constraints of other agen21 cies; and 

22 (C) be able to rely upon networks and 

23 communities of interest composed of personnel 

24 from other agencies who work on the same na25 tional security or homeland security issues. 


PWALKER on DSK7TPTVN1PROD with BILLS
3 

•S 1268 RS

1 (b) PURPOSE.—The purpose of this Act is to increase 

2 the efficiency and effectiveness of the Government by fos3 tering greater interagency experience among executive 

4 branch personnel on national security and homeland secu5 rity matters involving more than one agency. 

6 SEC. 3. DEFINITIONS. 

7 In this Act: 

8 (1) AGENCY.—The term ‘‘agency’’ has the 

9 meaning given the term ‘‘Executive agency’’ under 

10 section 105 of title 5, United States Code. 

11 (2) COMMITTEE.—The term ‘‘Committee’’ 

12 means the Committee on National Security Per13 sonnel established under section 5(a). 

14 (3) COVERED AGENCY.—The term ‘‘covered 

15 agency’’ means an agency that is part of an ICI. 

16 (4) ICI.—The term ‘‘ICI’’ means a National 

17 Security Interagency Community of Interest identi18 fied by the Committee under section 6(a). 

19 (5) ICI POSITION.—The term ‘‘ICI position’’— 

20 (A) means— 

21 (i) a position that— 

22 (I) is identified by the head of a 

23 covered agency as a position within 

24 that agency the primary duties of 

25 which relate to national security or 


PWALKER on DSK7TPTVN1PROD with BILLS
4 

•S 1268 RS

1 homeland security policy formulation 

2 or execution; 

3 (II) is a position in the civil serv4 ice (as defined in section 2101(1) of 

5 title 5, United States Code) in the ex6 ecutive branch of the Government for 

7 which the pay is at a rate at or great8 er than the minimum basic rate of 

9 pay for a position at GS–11 of the 

10 General Schedule; and 

11 (III) is a position within an ICI; 

12 or 

13 (ii) a position in an interagency body 

14 identified as an ICI position by the Com15 mittee under section 6(c)(1); and 

16 (B) shall not include— 

17 (i) any position described under para18 graph (10)(A) or (C); or 

19 (ii) any position filled by an employee 

20 described under paragraph (10)(B). 

21 (6) INTELLIGENCE COMMUNITY.—The term 

22 ‘‘intelligence community’’ has the meaning given 

23 under section 3(4) of the National Security Act of 

24 1947 (50 U.S.C. 401a(4)). 


PWALKER on DSK7TPTVN1PROD with BILLS
5 

•S 1268 RS

1 (7) INTERAGENCY BODY.—The term ‘‘inter2 agency body’’ means an interagency body identified 

3 by the Committee under section 6(c)(1). 

4 (8) INTERAGENCY ROTATIONAL SERVICE.—The 

5 term ‘‘interagency rotational service’’ means service 

6 by an employee in— 

7 (A) an ICI position that is— 

8 (i) in— 

9 (I) a covered agency other than 

10 the covered agency employing the em11 ployee; or 

12 (II) an interagency body, without 

13 regard to whether the employee is em14 ployed by the agency in which the 

15 interagency body is located; and 

16 (ii) in the same ICI as the position in 

17 which the employee serves or has served 

18 before serving in that ICI position; or 

19 (B) in a position in an interagency body 

20 identified by the Committee under section 

21 6(c)(2). 

22 (9) NATIONAL SECURITY INTERAGENCY COM23 MUNITY OF INTEREST.—The term ‘‘National Secu24 rity Interagency Community of Interest’’ means the 


PWALKER on DSK7TPTVN1PROD with BILLS
6 

•S 1268 RS

1 personnel of the executive branch of the Government 

2 that— 

3 (A) as a group are employees of multiple 

4 agencies of the executive branch of the Govern5 ment; and 

6 (B) have significant responsibility for the 

7 same substantive, functional, or regional subject 

8 area related to national security or homeland 

9 security that requires integration of the per10 sonnel and activities in that area across mul11 tiple agencies to ensure that the executive 

12 branch of the Government operates as a single, 

13 cohesive enterprise to maximize mission success 

14 and minimize cost. 

15 (10) POLITICAL APPOINTEE.—The term ‘‘polit16 ical appointee’’ means an individual who— 

17 (A) is employed in a position described 

18 under sections 5312 through 5316 of title 5, 

19 United States Code, (relating to the Executive 

20 Schedule); 

21 (B) is a limited term appointee, limited 

22 emergency appointee, or noncareer appointee in 

23 the Senior Executive Service, as defined under 

24 paragraphs (5), (6), and (7), respectively, of 


PWALKER on DSK7TPTVN1PROD with BILLS
7 

•S 1268 RS

1 section 3132(a) of title 5, United States Code; 

2 or 

3 (C) is employed in a position in the execu4 tive branch of the Government of a confidential 

5 or policy-determining character under schedule 

6 C of subpart C of part 213 of title 5 of the 

7 Code of Federal Regulations. 

8 (11) RELEVANT COMMITTEES OF CONGRESS.— 

9 The term ‘‘relevant committees of Congress’’ 

10 means— 

11 (A) the Committee on Appropriations, the 

12 Committee on Armed Services, the Committee 

13 on Commerce, Science, and Transportation, the 

14 Committee on Energy and Natural Resources, 

15 the Committee on Finance, the Committee on 

16 Foreign Relations, the Committee on Health, 

17 Labor, Education, and Pensions, the Committee 

18 on Homeland Security and Governmental Af19 fairs, the Committee on the Judiciary, and the 

20 Select Committee on Intelligence of the Senate; 

21 and 

22 (B) the Committee on Appropriations, the 

23 Committee on Armed Services, the Committee 

24 on Energy and Commerce, the Committee on 

25 Education and the Workforce, the Committee 


PWALKER on DSK7TPTVN1PROD with BILLS
8 

•S 1268 RS

1 on Foreign Affairs, the Committee on Home2 land Security, the Committee on the Judiciary, 

3 the Committee on Oversight and Government 

4 Reform, the Permanent Select Committee on 

5 Intelligence, and the Committee on Ways and 

6 Means of the House of Representatives. 

7 (12) SENIOR POSITION.—The term ‘‘senior po8 sition’’ means— 

9 (A) a Senior Executive Service position, as 

10 defined in section 3132(a)(2) of title 5, United 

11 States Code; 

12 (B) a position in the Senior Foreign Serv13 ice established under the Foreign Service Act of 

14 1980 (22 U.S.C. 3901 et seq.); 

15 (C) a position in the Federal Bureau of In16 vestigation and Drug Enforcement Administra17 tion Senior Executive Service established under 

18 section 3151 of title 5, United States Code; and 

19 (D) any other equivalent position identified 

20 by the Committee. 

21 SEC. 4. STRATEGY AND PLANNING REQUIREMENTS. 

22 (a) NATIONAL SECURITY HUMAN CAPITAL STRAT23 EGY.— 

24 (1) ISSUING OF STRATEGY.— 


PWALKER on DSK7TPTVN1PROD with BILLS
9 

•S 1268 RS

1 (A) IN GENERAL.—Except as provided in 

2 subparagraph (B), not later than October 1 of 

3 the first fiscal year after the fiscal year in 

4 which this Act is enacted, and every 4 years 

5 thereafter, the Committee shall issue a National 

6 Security Human Capital Strategy to develop 

7 the national security and homeland security 

8 personnel necessary for accomplishing national 

9 security and homeland security objectives that 

10 require integration of personnel and activities 

11 from multiple agencies of the executive branch 

12 of the Government in order to ensure that the 

13 executive branch of the Government operates as 

14 a single, cohesive enterprise to maximize mis15 sion success and minimize cost. 

16 (B) MODIFIED DATE.—If this Act is en17 acted on a date that is less than 180 days be18 fore the end of the fiscal year, then the Com19 mittee shall issue the National Security Human 

20 Capital Strategy under this paragraph not later 

21 than October 1 of the second fiscal year after 

22 the fiscal year in which this Act is enacted, and 

23 every 4 years thereafter. 


PWALKER on DSK7TPTVN1PROD with BILLS
10 

•S 1268 RS

1 (2) PLAN.—Each National Security Human 

2 Capital Strategy issued under paragraph (1) shall 

3 include a plan that— 

4 (A) provides for the phased implementa5 tion of this Act; 

6 (B) contains graduated and specific targets 

7 for the percentages of senior positions in an ICI 

8 that— 

9 (i) require interagency rotational serv10 ice as an eligibility requirement; 

11 (ii) ensures that, not later than Octo12 ber 1 of the fifteenth fiscal year after the 

13 fiscal year in which this Act is enacted, not 

14 less than 85 percent of the ICI positions of 

15 each covered agency that are senior posi16 tions are designated under section 8(a)(1); 

17 and 

18 (C) includes a schedule for the issuance of 

19 directives relating to the requirements under 

20 this Act by the Committee. 

21 (3) SUBMISSION TO RELEVANT COMMITTEES OF

22 CONGRESS.—Not later than 30 days after the date 

23 on which the Committee issues a National Security 

24 Human Capital Strategy under paragraph (1), the 


PWALKER on DSK7TPTVN1PROD with BILLS
11 

•S 1268 RS

1 Committee shall submit that strategy to the relevant 

2 committees of Congress. 

3 (b) REPORTS ON IMPLEMENTATION.— 

4 (1) IN GENERAL.—Not later than 2 years after 

5 the date on which the Committee issues a National 

6 Security Human Capital Strategy under subsection 

7 (a), the Committee shall submit to the relevant com8 mittees of Congress a report on the implementation 

9 of the strategy and this Act. 

10 (2) CONTENTS.—Each report submitted under 

11 paragraph (1) shall include updates to the plan con12 tained in the most recent National Security Human 

13 Capital Strategy and detailed reporting that is spe14 cific to each ICI and to each covered agency and 

15 interagency body regarding— 

16 (A) implementation of the National Secu17 rity Human Capital Strategy and this Act; and 

18 (B) performance measures for the National 

19 Security Human Capital Strategy and data on 

20 the performance measures. 

21 SEC. 5. COMMITTEE ON NATIONAL SECURITY PERSONNEL. 

22 (a) ESTABLISHMENT.—There is established the Com23 mittee on National Security Personnel within the Execu24 tive Office of the President. 


PWALKER on DSK7TPTVN1PROD with BILLS
12 

•S 1268 RS

1 (b) MEMBERSHIP.—The members of the Committee 

2 shall be the Director of the Office of Management and 

3 Budget, the Director of the Office of Personnel Manage4 ment, and the Assistant to the President for National Se5 curity Affairs. 

6 (c) CHAIRPERSON.—The Director of the Office of 

7 Management and Budget shall be the Chairperson of the 

8 Committee. 

9 (d) FUNCTIONS.— 

10 (1) IN GENERAL.—The Committee shall per11 form the functions as provided under this Act to 

12 carry out service in an ICI position in another cov13 ered agency or interagency body by employees, the 

14 training required under section 9, and other activi15 ties under this Act. 

16 (2) DIRECTIVES.— 

17 (A) IN GENERAL.—In consultation with 

18 the Director of the Office of Personnel Manage19 ment and the Assistant to the President for 

20 National Security Affairs, the Director of the 

21 Office of Management and Budget shall issue 

22 directives and set standards for service in an 

23 ICI position in another covered agency or inter24 agency body, the training required under sec25 tion 9, and other activities under this Act, inVerDate Mar 15 2010 23:44 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6401 E:\BILLS\S1268.RS S1268

PWALKER on DSK7TPTVN1PROD with BILLS
13 

•S 1268 RS

1 cluding the directives specifically required under 

2 this Act. 

3 (B) USE BY COVERED AGENCIES.—The 

4 head of each covered agency shall carry out the 

5 responsibilities under this Act in accordance 

6 with the directives issued by the Director of the 

7 Office of Management and Budget. 

8 (C) SUBMISSION TO CONGRESS.—Not later 

9 than 30 days after the date on which the Direc10 tor of the Office of Management and Budget 

11 issues a directive under this Act, the Director 

12 shall submit the directive to the relevant com13 mittees of Congress. 

14 (e) SUPPORT AND IMPLEMENTATION.— 

15 (1) BOARD.—There is established a board to 

16 assist the Committee, which shall be composed of 1 

17 designee (who shall serve in an Executive schedule 

18 position at level III) selected by each of the Sec19 retary of State, the Secretary of Defense, the Sec20 retary of Homeland Security, the Attorney General, 

21 the Secretary of the Treasury, the Secretary of En22 ergy, the Secretary of Health and Human Services, 

23 the Secretary of Commerce, and the Director of Na24 tional Intelligence. 


PWALKER on DSK7TPTVN1PROD with BILLS
14 

•S 1268 RS

1 (2) CHIEF HUMAN CAPITAL OFFICERS COUN2 CIL.—The Chief Human Capital Officers Council 

3 shall provide advice to the Committee regarding 

4 technical human capital issues relating to the imple5 mentation of this Act. 

6 (3) COVERED AGENCY OFFICIALS.—The head of 

7 each covered agency shall designate an officer and 

8 office within that covered agency with responsibility 

9 for the implementation of this Act. 

10 SEC. 6. NATIONAL SECURITY INTERAGENCY COMMUNITIES 

11 OF INTEREST. 

12 (a) IDENTIFICATION OF ICIS.—The Committee— 

13 (1) shall identify ICIs on an ongoing basis for 

14 purposes of carrying out this Act; and 

15 (2) may alter or discontinue an ICI identified 

16 under paragraph (1). 

17 (b) IDENTIFICATION OF ICI POSITIONS.— 

18 (1) IN GENERAL.—Subject to paragraph (4), 

19 the head of each covered agency shall identify ICI 

20 positions within that covered agency. 

21 (2) POSITION WITH ADMINISTRATIVE OR TECH22 NICAL DUTIES.— 

23 (A) EXCLUSION FOR ADMINISTRATIVE DU24 TIES.—A position the primary duties of which 

25 relate to administrative duties (including duties 


PWALKER on DSK7TPTVN1PROD with BILLS
15 

•S 1268 RS

1 relating to procurement, accounting, and fi2 nance) shall not be identified as an ICI posi3 tion. 

4 (B) TECHNOLOGY DUTIES.— 

5 (i) IN GENERAL.—The Committee 

6 shall determine which positions the pri7 mary duties of which relate to information 

8 technology or engineering may be identi9 fied as ICI positions by the head of a cov10 ered agency. The Committee may provide 

11 guidance regarding the positions that may 

12 be identified as ICI positions under this 

13 clause or approve the identification of the 

14 ICI positions on a case-by-case basis, as 

15 the Committee determines appropriate. 

16 (ii) INFORMATION TECHNOLOGY POSI17 TIONS.—A position that relates to informa18 tion technology may be identified as an ICI 

19 position for an ICI relating to cybersecu20 rity. 

21 (3) OTHER PROVISIONS.— 

22 (A) MULTIPLE ICIS.—A position may be 

23 within more than one ICI. 

24 (B) CHANGES.—Subject to paragraph (4), 

25 the head of a covered agency may change which 


PWALKER on DSK7TPTVN1PROD with BILLS
16 

•S 1268 RS

1 positions are identified as ICI positions or 

2 which ICI an ICI position is within. 

3 (4) REVIEW AND APPROVAL BY THE COM4 MITTEE.— 

5 (A) IN GENERAL.—The Committee shall— 

6 (i) provide guidance to the heads of 

7 covered agencies concerning criteria for 

8 identifying or changing the identification 

9 of ICI positions; 

10 (ii) establish criteria concerning iden11 tifications and changes to the identifica12 tions of ICI positions which may be made 

13 by the head of a covered agency and take 

14 effect without review and approval by the 

15 Committee; 

16 (iii) establish criteria concerning iden17 tifications and changes to the identifica18 tions of ICI positions which may be made 

19 by the head of a covered agency and shall 

20 be reviewed and approved by the Com21 mittee before the identification or change 

22 may take effect; and 

23 (iv) develop a schedule for the Com24 mittee to review identifications of and 

25 changes to the identifications of ICI posiVerDate Mar 15 2010 23:44 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6401 E:\BILLS\S1268.RS S1268

PWALKER on DSK7TPTVN1PROD with BILLS
17 

•S 1268 RS

1 tions that took effect without prior review 

2 and approval under the criteria established 

3 under clause (ii). 

4 (B) ACTION BY COVERED AGENCIES.—The 

5 head of a covered agency may not identify a po6 sition as an ICI position or change an ICI posi7 tion or which ICI an ICI position is within if 

8 the identification or change is not— 

9 (i) authorized to be made without the 

10 advance authorization of the Committee 

11 under subparagraph (A)(ii); or 

12 (ii) approved by the Committee under 

13 subparagraph (A)(iii). 

14 (c) INTERAGENCY BODIES.— 

15 (1) IDENTIFICATION.— 

16 (A) IN GENERAL.—The Committee shall 

17 identify— 

18 (i) entities in the executive branch of 

19 the Government that are primarily involved 

20 in interagency activities; and 

21 (ii) components of agencies that are 

22 primarily involved in interagency activities 

23 and have a mission distinct from the agen24 cy within which the component is located. 


PWALKER on DSK7TPTVN1PROD with BILLS
18 

•S 1268 RS

1 (B) CERTAIN BODIES.—The Committee 

2 shall identify the National Security Council and 

3 the Directorate of Strategic Operational Plan4 ning of the National Counterterrorism Center 

5 as interagency bodies under this paragraph. 

6 (2) POSITIONS IN INTERAGENCY BODIES.— 

7 (A) IN GENERAL.—For purposes of this 

8 Act— 

9 (i) the Assistant to the President for 

10 National Security Affairs shall perform the 

11 duties of the head of a covered agency for 

12 ICI positions within the National Security 

13 Council; 

14 (ii) the Director of the National 

15 Counterterrorism Center shall perform the 

16 duties of the head of a covered agency for 

17 ICI positions within the Directorate of 

18 Strategic Operational Planning of the Na19 tional Counterterrorism Center; and 

20 (iii) the Committee shall designate the 

21 Federal officer who shall perform the du22 ties of the head of a covered agency for 

23 ICI positions within any other interagency 

24 body. 


PWALKER on DSK7TPTVN1PROD with BILLS
19 

•S 1268 RS

1 (B) IDENTIFICATION OF POSITIONS.—The 

2 officials described or designated under subpara3 graph (A) shall identify— 

4 (i) positions within their respective 

5 interagency bodies that are ICI positions; 

6 and 

7 (ii) positions within their respective 

8 interagency bodies— 

9 (I) that are not within an ICI; 

10 (II) that are not a position de11 scribed under section 3(10)(A) or (C) 

12 or a position filled by an employee de13 scribed under section 3(10)(B); and 

14 (III) for which service in the po15 sition shall constitute interagency ro16 tational service. 

17 (C) REVIEW AND APPROVAL BY THE COM18 MITTEE.—The identification of, change of, and 

19 determinations relating to positions described in 

20 subparagraph (B) by a Federal officer de21 scribed in or designated under subparagraph 

22 (A) shall be subject to review and approval by 

23 the Committee in the same manner and to the 

24 same extent as provided for the head of a cov25 ered agency under this Act. 


PWALKER on DSK7TPTVN1PROD with BILLS
20 

•S 1268 RS

1 SEC. 7. ICI ROTATIONAL SERVICE. 

2 (a) EXCLUSION OF SENIOR POSITIONS.—For pur3 poses of this section, the term ‘‘ICI position’’ does not in4 clude a senior position. 

5 (b) ROTATIONS.— 

6 (1) IN GENERAL.—The Committee shall provide 

7 for employees serving in an ICI position to be as8 signed on a rotational basis to another ICI position 

9 that is— 

10 (A) within another covered agency or with11 in an interagency body; and 

12 (B) within the same ICI. 

13 (2) SERVICE WITHIN MULTIPLE ICIS.—An em14 ployee who has served or is serving in an ICI posi15 tion that is within 2 or more ICIs may be assigned 

16 to an ICI position in any of such ICIs. 

17 (3) EXCEPTION.—An employee may be assigned 

18 to an ICI position in another covered agency or in 

19 an interagency body that is not in the ICI applicable 

20 to an ICI position in which the employee serves or 

21 has served if— 

22 (A) the employee has particular nongovern23 mental or other expertise or skills that are rel24 evant to the assigned ICI position; and 

25 (B) the head of the covered agency employ26 ing the employee, the head of the covered agenVerDate Mar 15 2010 23:44 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6401 E:\BILLS\S1268.RS S1268

PWALKER on DSK7TPTVN1PROD with BILLS
21 

•S 1268 RS

1 cy to which the assignment is made, and the 

2 Committee approve the assignment. 

3 (4) OFFICERS OF THE ARMED FORCES.— 

4 (A) SERVICE IN ICIS.—The policies, proce5 dures, and practices for the management of of6 ficers of the Armed Forces established pursuant 

7 to section 661 of title 10, United States Code, 

8 may provide for the assignment of officers of 

9 the Armed Forces to ICI positions or positions 

10 designated under section 6(c)(2)(B)(ii) and for 

11 the treatment of such assignments as joint duty 

12 assignments for purposes of chapter 38 of such 

13 title. 

14 (B) DIRECTIVES.—The Committee shall 

15 specify the requirements and limitations appli16 cable to the assignment of officers of the Armed 

17 Forces to ICI positions or positions designated 

18 under section 6(c)(2)(B)(ii). The directives 

19 specifying such requirements and limitations 

20 shall be issued with the concurrence of the Sec21 retary of Defense. 

22 (5) RETURN TO PRIOR POSITION.— 

23 (A) IN GENERAL.—Subject to subpara24 graph (B), an employee performing service in 

25 an ICI position in another covered agency or 


PWALKER on DSK7TPTVN1PROD with BILLS
22 

•S 1268 RS

1 interagency body or in a position designated 

2 under section 6(c)(2)(B)(ii) shall be entitled to 

3 return to the position held by the employee in 

4 the covered agency employing the employee 

5 within a reasonable period of time after the end 

6 of the period of service. 

7 (B) REASONABLE EXCEPTIONS.—The 

8 Committee shall determine under what cir9 cumstances it is reasonable to make an excep10 tion to the requirement under subparagraph (A) 

11 and issue guidance regarding making such an 

12 exception. 

13 (c) VOLUNTARY NATURE OF ROTATIONAL SERV14 ICE.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), service in an ICI position in another cov17 ered agency or interagency body shall be voluntary 

18 by an employee. 

19 (2) AUTHORITY TO ASSIGN INVOLUNTARILY.— 

20 If the head of a covered agency has the authority 

21 under another provision of law to assign an em22 ployee involuntarily to a position and the employee 

23 is serving in an ICI position, the head of the covered 

24 agency may assign the employee involuntarily to 


PWALKER on DSK7TPTVN1PROD with BILLS
23 

•S 1268 RS

1 serve in an ICI position in another covered agency 

2 or interagency body. 

3 (d) DIRECTIVES.— 

4 (1) IDENTIFICATION OF POSITIONS OPEN FOR

5 ROTATIONAL SERVICE.—The Committee shall— 

6 (A) require, and provide guidelines relating 

7 to, the identification by the head of each cov8 ered agency of ICI positions in the covered 

9 agency that are open for assignment of employ10 ees serving or who have served in ICI positions 

11 in other covered agencies or an interagency 

12 body; 

13 (B) specify how many ICI positions the 

14 head of each covered agency shall make avail15 able for assignment of employees serving or who 

16 have served in ICI positions in other covered 

17 agencies or an interagency body; and 

18 (C) ensure that each ICI position in a cov19 ered agency or interagency body that is avail20 able for assignment of an employee from an21 other covered agency or interagency body is 

22 filled by an employee serving in a position with 

23 a level of responsibility comparable to the posi24 tion that is available for assignment. 


PWALKER on DSK7TPTVN1PROD with BILLS
24 

•S 1268 RS

1 (2) MINIMUM PERIOD FOR SERVICE.—With re2 spect to the period of service in an ICI position in 

3 another covered agency or interagency body, the 

4 Committee— 

5 (A) shall ensure that the period of service 

6 is sufficient to gain an adequately detailed un7 derstanding and perspective of the covered 

8 agency or interagency body at which the em9 ployee is assigned; 

10 (B) may provide for different periods for 

11 service, depending upon the nature of the posi12 tion, including whether the position is in an 

13 area that is a combat zone for purposes of sec14 tion 112 of the Internal Revenue Code of 1986; 

15 and 

16 (C) shall require that an employee per17 forming service in an ICI position in another 

18 covered agency or interagency body is informed 

19 of the period of service for the position before 

20 beginning such service. 

21 (e) SELECTION OF ICI POSITIONS OPEN FOR ROTA22 TIONAL SERVICE.— 

23 (1) IN GENERAL.—Subject to paragraph (2), 

24 the head of each covered agency shall determine 

25 which ICI positions in the covered agency shall be 


PWALKER on DSK7TPTVN1PROD with BILLS
25 

•S 1268 RS

1 available to be filled by employees from another cov2 ered agency and may modify a determination under 

3 this paragraph. 

4 (2) REVIEW OF DETERMINATION OF ICI POSI5 TIONS OPEN FOR ROTATIONAL SERVICE.— 

6 (A) IN GENERAL.—The Committee shall— 

7 (i) provide guidance to the heads of 

8 covered agencies concerning criteria for de9 termining and modifying determinations of 

10 which ICI positions are available to be 

11 filled by employees from another covered 

12 agency; 

13 (ii) establish criteria concerning deter14 minations and modifications to determina15 tions regarding ICI positions that are 

16 available to be filled by employees from an17 other covered agency which may be made 

18 by the head of a covered agency and take 

19 effect without review and approval by the 

20 Committee; 

21 (iii) establish criteria concerning 

22 which determinations and modifications to 

23 determinations regarding ICI positions 

24 that are available to be filled by employees 

25 from another covered agency may be made 


PWALKER on DSK7TPTVN1PROD with BILLS
26 

•S 1268 RS

1 by the head of a covered agency and shall 

2 be reviewed and approved by the Com3 mittee before the determination or modi4 fication may take effect; and 

5 (iv) develop a schedule for the Com6 mittee to review determinations and modi7 fications to determinations that an ICI po8 sition is available to be filled by employees 

9 from another covered agency that took ef10 fect without prior review and approval 

11 under the criteria established under clause 

12 (ii). 

13 (B) ACTION BY COVERED AGENCIES.—The 

14 head of a covered agency may not determine an 

15 ICI position as available to be filled by employ16 ees from another covered agency or make a 

17 modification of the determination if the deter18 mination or modification is not— 

19 (i) authorized to be made without the 

20 advance authorization of the Committee 

21 under subparagraph (A)(ii); or 

22 (ii) approved by the Committee under 

23 subparagraph (A)(iii). 

24 (3) LIST.—The Committee shall maintain a sin25 gle, integrated list of positions available to be filled 


PWALKER on DSK7TPTVN1PROD with BILLS
27 

•S 1268 RS

1 by employees from another covered agency under 

2 this section and shall make the list available to Fed3 eral employees on an ongoing basis in order to facili4 tate applications for the positions and long-term ca5 reer planning by employees of the executive branch 

6 of the Government, except to the extent that the 

7 Committee determines that the identity of certain 

8 positions should not be distributed in order to pro9 tect national security or homeland security. 

10 (f) PREVENTION OF NEED FOR INCREASED PER11 SONNEL LEVELS.— 

12 (1) PHASE-IN.—The Committee shall phase in 

13 the requirement to designate ICI positions for as14 signment across covered agencies in a manner that 

15 ensures that there is a reasonable equivalence be16 tween the number of employees rotating out of the 

17 covered agencies or interagency bodies within an ICI 

18 and the number of employees rotating into the cov19 ered agencies or interagency bodies within an ICI. 

20 (2) FILLING POSITIONS ROTATING OUT.—The 

21 Committee shall ensure that employees are rotated 

22 across covered agencies and interagency bodies with23 in an ICI in a manner that ensures that the original 

24 ICI positions of all employees performing service in 

25 an ICI position in another covered agency or interVerDate Mar 15 2010 23:44 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6401 E:\BILLS\S1268.RS S1268

PWALKER on DSK7TPTVN1PROD with BILLS
28 

•S 1268 RS

1 agency body are filled within a reasonable period 

2 by— 

3 (A) employees from another covered agen4 cy or interagency body who are performing 

5 service in an ICI position in another covered 

6 agency or interagency body; or 

7 (B) other available employees. 

8 (g) OPEN AND FAIR COMPETITION.—Each covered 

9 agency or interagency body that has an ICI position avail10 able to be filled by an employee from another covered 

11 agency shall coordinate with the Office of Personnel Man12 agement to ensure that the position is filled in a fully open 

13 and competitive manner that is consistent with the merit 

14 system principles set forth in paragraphs (1) and (2) of 

15 section 2301(b) of title 5, United States Code, except if 

16 the ICI position is otherwise exempt under another provi17 sion of law. 

18 (h) COLLECTIVE BARGAINING RIGHTS AND OTHER

19 PERSONNEL LAW MATTERS.— 

20 (1) NATIONAL SECURITY EXCLUSION.—The 

21 identification of a position as available for service by 

22 an employee of another covered agency or as being 

23 within an ICI shall not be a basis for an order under 

24 section 7103(b) of title 5, United States Code, ex25 cluding the covered agency, or a subdivision thereof, 


PWALKER on DSK7TPTVN1PROD with BILLS
29 

•S 1268 RS

1 in which the position is located from the applicability 

2 of chapter 71 of title 5, United States Code. 

3 (2) ON ROTATION.—An employee performing 

4 service in an ICI position in another covered agency 

5 or interagency body shall have collective bargaining 

6 rights to the extent and in the manner that such 

7 rights would be available to the employee if the em8 ployee were detailed or assigned under a provision of 

9 law other than this Act from the agency employing 

10 the employee to the agency in which the ICI position 

11 in which the employee is serving is located. 

12 (3) CONSULTATION.—The Committee shall con13 sult with relevant associations, unions, and other 

14 groups involved in collective bargaining or encour15 aging public service or organizational reform of the 

16 Government in formulating and implementing poli17 cies under this Act. 

18 (i) REPORTING.—Not later than 1 year after the date 

19 on which the Committee issues the first National Security 

20 Human Capital Strategy under section 4(a)(1), and every 

21 year thereafter, the Committee shall submit to the relevant 

22 committees of Congress— 

23 (1) a consolidated list of ICI positions, which 

24 shall include an explanation of the reasons that each 

25 position was identified as being within the ICI; and 


PWALKER on DSK7TPTVN1PROD with BILLS
30 

•S 1268 RS

1 (2) a consolidated list of ICI positions made 

2 available to be filled by employees from another cov3 ered agency, which shall include an explanation of 

4 the methodology used by the covered agency in de5 termining which positions were and were not to be 

6 made available. 

7 SEC. 8. INTERAGENCY ROTATIONAL SERVICE AS A RE8 QUIREMENT FOR SELECTION TO SENIOR PO9 SITIONS IN ICIS. 

10 (a) REQUIREMENT FOR PROMOTION TO SELECTED

11 SENIOR POSITIONS WITHIN ICIS.—Except as otherwise 

12 provided in this section, the head of each covered agency 

13 shall— 

14 (1) designate ICI positions of the covered agen15 cy that are senior positions for which interagency ro16 tational service shall be an eligibility requirement; 

17 and 

18 (2) not later than October 1 of the fifteenth fis19 cal year after the fiscal year in which this Act is en20 acted, designate not less than 85 percent of the ICI 

21 positions of the covered agency that are senior posi22 tions to be senior positions for which interagency ro23 tational service shall be an eligibility requirement. 

24 (b) EXEMPTIONS.— 


PWALKER on DSK7TPTVN1PROD with BILLS
31 

•S 1268 RS

1 (1) IN GENERAL.—An employee may be ap2 pointed to a senior position designated under sub3 section (a) without meeting the interagency rota4 tional service requirement if before the appointment 

5 the employee— 

6 (A) is not employed in the executive 

7 branch of the Government when selected for the 

8 senior position; 

9 (B) is serving in a senior position that is 

10 not an ICI position; 

11 (C) has not served in the executive branch 

12 of the Government for a sufficient period, as 

13 determined by the Committee, to have per14 formed interagency rotational service; 

15 (D) entered service in the executive branch 

16 of the Government at or above GS–15 of the 

17 General Schedule, or equivalent; 

18 (E) has prior service in another agency 

19 that provides the employee with relevant experi20 ence in the applicable ICI, as determined by the 

21 Committee; or 

22 (F) is in another class of employees ex23 empted from subsection (a) by the Committee. 

24 (2) NOTICE.—Not later than 30 days after the 

25 date on which the Committee determines to exempt 


PWALKER on DSK7TPTVN1PROD with BILLS
32 

•S 1268 RS

1 a class of employees under paragraph (1)(F), the 

2 Committee shall notify the relevant committees of 

3 Congress of the exemption. 

4 (c) WAIVERS.— 

5 (1) IN GENERAL.—On a case-by-case basis, the 

6 head of a covered agency may waive the requirement 

7 that an employee being appointed to a senior posi8 tion designated under subsection (a) has performed 

9 interagency rotational service. 

10 (2) YEARS 3 TO 8.—During the period begin11 ning on October 1 of the second fiscal year after the 

12 fiscal year in which this Act is enacted and ending 

13 on September 30 of the seventh fiscal year after the 

14 fiscal year in which this Act is enacted, the head of 

15 a covered agency may issue a waiver under para16 graph (1) for good cause. 

17 (3) YEARS 9 TO 15.—During the period begin18 ning October 1 of the eighth fiscal year after the fis19 cal year in which this Act is enacted and ending on 

20 September 30 of the fourteenth fiscal year after the 

21 fiscal year in which this Act is enacted, the head of 

22 a covered agency may issue a waiver under para23 graph (1) if— 


PWALKER on DSK7TPTVN1PROD with BILLS
33 

•S 1268 RS

1 (A) there is a lack of qualified candidates 

2 for the senior position who have satisfied the 

3 requirement under subsection (a); 

4 (B) a lack of sufficient positions available 

5 to be filled by employees from another covered 

6 agency prevented the most qualified candidate 

7 for the senior position from completing inter8 agency rotational service; or 

9 (C) the most qualified candidate for the 

10 senior position has prior service in a position in 

11 another agency that, although involving duties 

12 comparable to an ICI position, does not qualify 

13 as interagency rotational service. 

14 (4) AFTER YEAR 15.— 

15 (A) IN GENERAL.—After the period de16 scribed in paragraph (3), the head of a covered 

17 agency may issue a waiver under paragraph (1) 

18 if— 

19 (i) there are extraordinary cir20 cumstances relating to the senior position; 

21 and 

22 (ii) the Committee concurs with 

23 issuing the waiver. 

24 (B) NONDELEGATION.—The authority to 

25 issue a waiver under paragraph (1) may not be 


PWALKER on DSK7TPTVN1PROD with BILLS
34 

•S 1268 RS

1 delegated after the period described in para2 graph (3). 

3 (5) REPORTING.—Not later than 30 days after 

4 the date on which a waiver is issued under para5 graph (1), the Committee shall submit to the rel6 evant committees of Congress a report containing a 

7 description of the waiver and an explanation of the 

8 justification for the waiver. 

9 (d) OTHER ROTATIONAL REQUIREMENTS.— 

10 (1) DEFINITIONS.—In this subsection: 

11 (A) DHS ROTATIONAL SERVICE PRO12 GRAM.—The term ‘‘DHS rotational service pro13 gram’’ means any program established before 

14 the date of enactment of this Act that provides 

15 for rotation assignments of employees within 

16 the Department of Homeland Security. 

17 (B) IC ROTATIONAL SERVICE PROGRAM.— 

18 The term ‘‘IC rotational service program’’ 

19 means any program established before the date 

20 of enactment of this Act that provides for rota21 tion assignments of employees across the agen22 cies or elements of the intelligence community. 

23 (2) DEPARTMENT OF HOMELAND SECURITY.— 

24 If an employee of the Department of Homeland Se25 curity has performed service in an ICI position in 


PWALKER on DSK7TPTVN1PROD with BILLS
35 

•S 1268 RS

1 another covered agency or interagency body, the em2 ployee may not be denied an appointment to a senior 

3 position in the Department of Homeland Security 

4 because of any other requirement to perform service 

5 on a rotational basis under a DHS rotational service 

6 program. 

7 (3) OFFICERS OF THE ARMED FORCES.—Sec8 tion 668(b) of title 10, United States Code, is 

9 amended— 

10 (A) by redesignating paragraph (2) as 

11 paragraph (3); and 

12 (B) by inserting after paragraph (1) the 

13 following new paragraph (2): 

14 ‘‘(2)(A) The definition required by paragraph (1) 

15 may provide for the treatment as a joint duty assignment 

16 of any assignment of officers to an ICI position or a posi17 tion in an interagency body that is not an ICI position 

18 as the Secretary may specify in the regulations required 

19 by that paragraph. 

20 ‘‘(B) In this paragraph, the terms ‘ICI position’ and 

21 ‘interagency body’ have the meanings given those terms 

22 in section 3 of the Interagency Personnel Rotation Act of 

23 2011.’’. 

24 (4) CREDIT FOR SERVICE IN ANOTHER COMPO25 NENT WITHIN AN AGENCY.— 


PWALKER on DSK7TPTVN1PROD with BILLS
36 

•S 1268 RS

1 (A) IN GENERAL.—During the first 8 fis2 cal years after the fiscal year in which this Act 

3 is enacted, an employee that performed service 

4 in a rotation to another component of the cov5 ered agency that employs the employee identi6 fied under subparagraph (B) may be appointed 

7 to an ICI position that is a senior position in 

8 that covered agency without regard to any des9 ignation under subsection (a). 

10 (B) IDENTIFICATION OF COMPONENTS.— 

11 Subject to approval by the Committee, the head 

12 of a covered agency may identify the compo13 nents of the covered agency that are sufficiently 

14 independent in functionality for service in a ro15 tation in the component to qualify as service in 

16 another component of the covered agency for 

17 purposes of subparagraph (A). 

18 (5) INTELLIGENCE COMMUNITY PERSONNEL.— 

19 During the first 8 fiscal years after the fiscal year 

20 in which this Act is enacted, an employee of a cov21 ered agency that performed service in a rotation in 

22 the intelligence community under an IC rotational 

23 service program may be appointed to an ICI position 

24 that is a senior position in that covered agency with25 out regard to any designation under subsection (a). 


PWALKER on DSK7TPTVN1PROD with BILLS
37 

•S 1268 RS

1 (6) REPORTS.—The head of each covered agen2 cy shall include information relating to this sub3 section in any relevant report to the relevant com4 mittees of Congress required under this Act. 

5 (e) PERFORMANCE APPRAISALS.—The Committee 

6 shall— 

7 (1) ensure that the employees receive perform8 ance evaluations that are based primarily on their 

9 contribution to the work of the covered agency in 

10 which the employee is performing service in an ICI 

11 position in another covered agency or interagency 

12 body and the functioning of the applicable ICI; and 

13 (2) require that— 

14 (A) officials at the covered agency employ15 ing the employee conduct the evaluations based 

16 on input from the supervisors of the employee 

17 during service in an ICI position in another 

18 covered agency or interagency body; and 

19 (B) the evaluations shall be provided the 

20 same weight in the receipt of promotions and 

21 other rewards by the employee from the covered 

22 agency employing the employee as performance 

23 evaluations receive for other employees of the 

24 covered agency. 


PWALKER on DSK7TPTVN1PROD with BILLS
38 

•S 1268 RS

1 (f) INCENTIVES FOR PARTICIPATION.—The Com2 mittee shall identify ways in which the head of a covered 

3 agency shall use the authorities of the head of the covered 

4 agency to institute incentives to encourage employees to 

5 perform service in an ICI position in another covered 

6 agency or interagency body, regardless of the interest of 

7 any employee to be promoted to an ICI position that is 

8 a senior position. 

9 (g) FOREIGN SERVICE.—Section 607(a) of the For10 eign Service Act of 1980 (22 U.S.C. 4007(a)) is amended 

11 by adding at the end the following: 

12 ‘‘(4) At the election of an individual subject to a max13 imum time in class limitation under this subsection, any 

14 period of service in an ICI position (as defined in section 

15 3 of the Interagency Personnel Rotation Act of 2011) that 

16 is not within the Department of State shall not be used 

17 for purposes of determining the period during which the 

18 individual has served in a class.’’. 

19 SEC. 9. EDUCATION AND TRAINING FOR PERSONNEL SERV20 ING IN INTERAGENCY COMMUNITIES OF IN21 TEREST. 

22 (a) TRAINING AND EDUCATION REQUIREMENTS.— 

23 (1) PARTICIPATION BY PERSONNEL IN ICI POSI24 TIONS.— 


PWALKER on DSK7TPTVN1PROD with BILLS
39 

•S 1268 RS

1 (A) ORIENTATION TRAINING AND EDU2 CATION.—During the second fiscal year after 

3 the fiscal year in which this Act is enacted, and 

4 each fiscal year thereafter, each employee serv5 ing in an ICI position shall participate in ori6 entation training and education. 

7 (B) ONGOING TRAINING AND EDU8 CATION.—During the third fiscal year after the 

9 fiscal year in which this Act is enacted, and 

10 each fiscal year thereafter, each employee serv11 ing in an ICI position shall participate in ongo12 ing training and education. 

13 (2) FAILURE TO OBTAIN TRAINING AND EDU14 CATION.—An employee serving in an ICI position 

15 who does not successfully complete the orientation 

16 training and education and the ongoing training and 

17 education required under paragraph (1) may not 

18 perform service in an ICI position in another covered 

19 agency or interagency body. 

20 (3) CONTENTS OF TRAINING.—The training 

21 and education required under paragraph (1) shall in22 clude training and education on— 

23 (A) national security and homeland secu24 rity strategy, both general and as relevant to 

25 the applicable ICI; 


PWALKER on DSK7TPTVN1PROD with BILLS
40 

•S 1268 RS

1 (B) the criticality of interagency integra2 tion for accomplishing national security and 

3 homeland security objectives in an efficient and 

4 effective manner; 

5 (C) the roles, functions, authorities, cul6 tures, and resources of agencies involved in the 

7 applicable ICI; and 

8 (D) practical skills and strategies for en9 suring maximum interagency cohesion, includ10 ing effective meeting management, project man11 agement, negotiation, and interagency team12 building. 

13 (4) ONLINE TRAINING.—Unless the Committee 

14 determines that the benefits of an in-person training 

15 for increasing interagency coordination to improve 

16 interagency effectiveness and efficiency outweigh the 

17 cost, the training and education required under 

18 paragraph (1) shall be online. 

19 (b) USE OF CONSORTIUM.— 

20 (1) IN GENERAL.—The Committee may use a 

21 consortium of agencies, educational institutions, and 

22 nongovernmental organizations to provide the train23 ing and education required under this section, in24 cluding by the use of preexisting courses and mate25 rials. 


PWALKER on DSK7TPTVN1PROD with BILLS
41 

•S 1268 RS

1 (2) INCLUSIONS.—The consortium used under 

2 paragraph (1) may include Government educational 

3 entities such as the Foreign Service Institute, the 

4 National Defense University, the Army War College, 

5 and the Naval War College, if the head of the agen6 cy of which the educational entity is a component 

7 determines that participation in the training and 

8 education will not adversely impact the capabilities 

9 of the agency. 

10 SEC. 10. INTERAGENCY PROCESS AND STRATEGIES TRAIN11 ING FOR POLITICAL APPOINTEES. 

12 (a) ESTABLISHMENT.— 

13 (1) IN GENERAL.—Subject to the direction of 

14 the Committee, the Office of Personnel Management 

15 shall establish a course for political appointees relat16 ing to the objectives, history, and functioning of the 

17 senior-level interagency process and strategies for 

18 ensuring maximum interagency cohesion and the ac19 complishment of national security and homeland se20 curity objectives in an efficient and effective manner. 

21 (2) LENGTH OF COURSE.—The length of a 

22 course established under paragraph (1) may be dif23 ferent for different positions, based on the seniority 

24 of the position and other factors as the Committee 

25 determines appropriate. 


PWALKER on DSK7TPTVN1PROD with BILLS
42 

•S 1268 RS

1 (b) REQUIREMENT.—Not later than 120 days after 

2 an individual is appointed to a position which makes the 

3 individual a political appointee, that individual shall take 

4 the course established under subsection (a). 

5 (c) APPLICATION.—This section shall apply to ap6 pointments made on and after the end of the fiscal year 

7 following the fiscal year in which this Act is enacted. 

8 SECTION 1. SHORT TITLE. 

9 This Act may be cited as the ‘‘Interagency Personnel 

10 Rotation Act of 2011’’. 

11 SEC. 2. FINDING AND PURPOSE. 

12 (a) FINDING.—Congress finds that the national secu13 rity and homeland security challenges of the 21st century 

14 require that executive branch personnel use a whole-of-Gov15 ernment approach in order for the United States Govern16 ment to operate in the most effective and efficient manner. 

17 (b) PURPOSE.—The purpose of this Act is to increase 

18 the efficiency and effectiveness of the Government by fos19 tering greater interagency experience among executive 

20 branch personnel on national security and homeland secu21 rity matters involving more than 1 agency. 

22 SEC. 3. DEFINITIONS. 

23 In this Act: 


PWALKER on DSK7TPTVN1PROD with BILLS
43 

•S 1268 RS

1 (1) AGENCY.—The term ‘‘agency’’ has the mean2 ing given the term ‘‘Executive agency’’ under section 

3 105 of title 5, United States Code. 

4 (2) COMMITTEE.—The term ‘‘Committee’’ means 

5 the Committee on National Security Personnel estab6 lished under section 4(a). 

7 (3) COVERED AGENCY.—The term ‘‘covered agen8 cy’’ means an agency that is part of an ICI. 

9 (4) ICI.—The term ‘‘ICI’’ means a National Se10 curity Interagency Community of Interest identified 

11 by the Committee under section 5(a). 

12 (5) ICI POSITION.—The term ‘‘ICI position’’— 

13 (A) means— 

14 (i) a position that— 

15 (I) is identified by the head of a 

16 covered agency as a position within the 

17 covered agency that has significant re18 sponsibility for the subject area of the 

19 ICI in which the position is located 

20 and for activities that involve more 

21 than 1 agency; 

22 (II) is a position in the civil serv23 ice (as defined in section 2101(1) of 

24 title 5, United States Code) in the exec25 utive branch of the Government (inVerDate Mar 15 2010 23:44 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6203 E:\BILLS\S1268.RS S1268

PWALKER on DSK7TPTVN1PROD with BILLS
44 

•S 1268 RS

1 cluding a position in the Foreign Serv2 ice) at or above GS–11 of the General 

3 Schedule or at a level of responsibility 

4 comparable to a position at or above 

5 GS–11 of the General Schedule; and 

6 (III) is a position within an ICI; 

7 or 

8 (ii) a position in an interagency body 

9 identified as an ICI position under section 

10 5(c)(2)(A); and 

11 (B) shall not include— 

12 (i) any position described under para13 graph (10)(A) or (C); or 

14 (ii) any position filled by an employee 

15 described under paragraph (10)(B). 

16 (6) INTELLIGENCE COMMUNITY.—The term ‘‘in17 telligence community’’ has the meaning given under 

18 section 3(4) of the National Security Act of 1947 (50 

19 U.S.C. 401a(4)). 

20 (7) INTERAGENCY BODY.—The term ‘‘interagency 

21 body’’ means an entity or component identified under 

22 section 5(c)(1). 

23 (8) INTERAGENCY ROTATIONAL SERVICE.—The 

24 term ‘‘interagency rotational service’’ means service 

25 by an employee in— 


PWALKER on DSK7TPTVN1PROD with BILLS
45 

•S 1268 RS

1 (A) an ICI position that is— 

2 (i) in— 

3 (I) a covered agency other than 

4 the covered agency employing the em5 ployee; or 

6 (II) an interagency body, without 

7 regard to whether the employee is em8 ployed by the agency in which the 

9 interagency body is located; and 

10 (ii) in the same ICI as the position in 

11 which the employee serves or has served be12 fore serving in that ICI position; or 

13 (B) in a position in an interagency body 

14 identified under section 5(c)(2)(B). 

15 (9) NATIONAL SECURITY INTERAGENCY COMMU16 NITY OF INTEREST.—The term ‘‘National Security 

17 Interagency Community of Interest’’ means the posi18 tions in the executive branch of the Government 

19 that— 

20 (A) as a group are positions within mul21 tiple agencies of the executive branch of the Gov22 ernment; and 

23 (B) have significant responsibility for the 

24 same substantive, functional, or regional subject 

25 area related to national security or homeland seVerDate Mar 15 2010 23:44 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6203 E:\BILLS\S1268.RS S1268

PWALKER on DSK7TPTVN1PROD with BILLS
46 

•S 1268 RS

1 curity that requires integration of the positions 

2 and activities in that area across multiple agen3 cies to ensure that the executive branch of the 

4 Government operates as a single, cohesive enter5 prise to maximize mission success and minimize 

6 cost. 

7 (10) POLITICAL APPOINTEE.—The term ‘‘polit8 ical appointee’’ means an individual who— 

9 (A) is employed in a position described 

10 under sections 5312 through 5316 of title 5, 

11 United States Code, (relating to the Executive 

12 Schedule); 

13 (B) is a noncareer appointee in the Senior 

14 Executive Service, as defined under paragraph 

15 (7) of section 3132(a) of title 5, United States 

16 Code; or 

17 (C) is employed in a position in the execu18 tive branch of the Government of a confidential 

19 or policy-determining character under schedule C 

20 of subpart C of part 213 of title 5 of the Code 

21 of Federal Regulations. 

22 (11) SENIOR POSITION.—The term ‘‘senior posi23 tion’’ means— 


PWALKER on DSK7TPTVN1PROD with BILLS
47 

•S 1268 RS

1 (A) a Senior Executive Service position, as 

2 defined in section 3132(a)(2) of title 5, United 

3 States Code; 

4 (B) a position in the Senior Foreign Serv5 ice established under the Foreign Service Act of 

6 1980 (22 U.S.C. 3901 et seq.); 

7 (C) a position in the Federal Bureau of In8 vestigation and Drug Enforcement Administra9 tion Senior Executive Service established under 

10 section 3151 of title 5, United States Code; 

11 (D) a position filled by a limited term ap12 pointee or limited emergency appointee in the 

13 Senior Executive Service, as defined under para14 graphs (5) and (6), respectively, of section 

15 3132(a) of title 5, United States Code; and 

16 (E) any other equivalent position identified 

17 by the Committee. 

18 SEC. 4. COMMITTEE ON NATIONAL SECURITY PERSONNEL. 

19 (a) ESTABLISHMENT.—There is established the Com20 mittee on National Security Personnel within the Executive 

21 Office of the President. 

22 (b) MEMBERSHIP.—The members of the Committee 

23 shall be the Director of the Office of Management and Budg24 et, the Director of the Office of Personnel Management, and 

25 the Assistant to the President for National Security Affairs. 


PWALKER on DSK7TPTVN1PROD with BILLS
48 

•S 1268 RS

1 (c) CHAIRPERSON.—The Director of the Office of Man2 agement and Budget shall be the Chairperson of the Com3 mittee. 

4 (d) FUNCTIONS.— 

5 (1) IN GENERAL.—The Committee shall perform 

6 the functions as provided under this Act to implement 

7 this Act and shall validate the actions taken by the 

8 heads of covered agencies to implement the directives 

9 issued and meet the standards established under para10 graph (2). 

11 (2) DIRECTIVES AND STANDARDS.— 

12 (A) IN GENERAL.—In consultation with the 

13 Director of the Office of Personnel Management 

14 and the Assistant to the President for National 

15 Security Affairs, the Director of the Office of 

16 Management and Budget shall issue directives 

17 and establish standards relating to the imple18 mentation of this Act. 

19 (B) USE BY COVERED AGENCIES.—The head 

20 of each covered agency shall carry out the re21 sponsibilities under this Act in accordance with 

22 the directives issued and standards established by 

23 the Director of the Office of Management and 

24 Budget. 

25 (e) SUPPORT AND IMPLEMENTATION.— 


PWALKER on DSK7TPTVN1PROD with BILLS
49 

•S 1268 RS

1 (1) BOARD.—There is established a board to as2 sist the Committee, which shall be composed of 1 des3 ignee (who shall be serving in an Executive Schedule 

4 position at level III) selected by— 

5 (A) the Secretary of State; 

6 (B) the Secretary of Defense; 

7 (C) the Secretary of Homeland Security; 

8 (D) the Attorney General; 

9 (E) the Secretary of the Treasury; 

10 (F) the Secretary of Energy; 

11 (G) the Secretary of Health and Human 

12 Services; 

13 (H) the Secretary of Commerce; 

14 (I) the Director of National Intelligence; 

15 and 

16 (J) the head of any other agency determined 

17 appropriate by the Committee. 

18 (2) CHIEF HUMAN CAPITAL OFFICERS COUN19 CIL.—The Chief Human Capital Officers Council 

20 shall provide advice to the Committee regarding tech21 nical human capital issues. 

22 (3) COVERED AGENCY OFFICIALS.— 

23 (A) IN GENERAL.—The head of each covered 

24 agency shall designate an officer and office withVerDate Mar 15 2010 23:44 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6203 E:\BILLS\S1268.RS S1268

PWALKER on DSK7TPTVN1PROD with BILLS
50 

•S 1268 RS

1 in that covered agency with responsibility for the 

2 implementation of this Act. 

3 (B) EXISTING OFFICES.—If an officer or of4 fice of a covered agency is designated as the offi5 cer or office within the covered agency with re6 sponsibility for the implementation of Executive 

7 Order 13434 for the covered agency on the date 

8 of enactment of this Act, the head of the covered 

9 agency shall designate the officer or office as the 

10 officer or office within the covered agency with 

11 responsibility for the implementation of this Act. 

12 (4) STAFF.— 

13 (A) IN GENERAL.—Not more than 3 full14 time equivalent employees may be hired to assist 

15 the Committee in implementation of this Act, 

16 who may be employees of the Office of Manage17 ment and Budget or the Office of Personnel Man18 agement. Any employee transferred under sub19 paragraph (B)(ii)(II) shall be deemed to be an 

20 employee hired for purposes of the authorization 

21 under this subparagraph. 

22 (B) FUNDING.— 

23 (i) AUTHORIZATION OF APPROPRIA24 TIONS.—There are authorized to be appro25 priated for each of fiscal years 2012 through 


PWALKER on DSK7TPTVN1PROD with BILLS
51 

•S 1268 RS

1 2016 to carry out subparagraph (A) an 

2 amount equal to the amount expended for 

3 salaries and expenses of the National Secu4 rity Professional Development Integration 

5 Office during fiscal year 2011. 

6 (ii) OFFSET.— 

7 (I) IN GENERAL.—Except as pro8 vided in paragraph (3)(B), effective on 

9 the date of enactment of this Act, the 

10 National Security Professional Devel11 opment Integration Office of the De12 partment of Defense is terminated and, 

13 on and after the date of enactment of 

14 this Act, the Secretary of Defense may 

15 not establish a comparable office to im16 plement Executive Order 13434 or to 

17 design, administer, or report on the 

18 creation of a national security profes19 sional development system, cadre of 

20 national security professionals, or any 

21 personnel rotations, education, or 

22 training for individuals involved in 

23 interagency activities or who are na24 tional security professionals who are 

25 not employed by the Department of DeVerDate Mar 15 2010 23:44 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6203 E:\BILLS\S1268.RS S1268

PWALKER on DSK7TPTVN1PROD with BILLS
52 

•S 1268 RS

1 fense. Nothing in this subclause shall 

2 be construed to prohibit the Secretary 

3 of Defense from establishing or desig4 nating an office to administer inter5 agency rotations by, or the interagency 

6 activities of, employees of the Depart7 ment of Defense. 

8 (II) TRANSFER OF FUNCTIONS.— 

9 Effective on the date of enactment of 

10 this Act, there are transferred to the 

11 Office of Management and Budget or 

12 the Office of Personnel Management, as 

13 determined appropriate by the Com14 mittee, the functions of the National 

15 Security Professional Development In16 tegration Office of the Department of 

17 Defense. 

18 (III) FUNDS.—Effective on the 

19 date of enactment of this Act, all unob20 ligated balances made available for the 

21 activities of the National Security Pro22 fessional Development Integration Of23 fice of the Department of Defense are 

24 rescinded. 


PWALKER on DSK7TPTVN1PROD with BILLS
53 

•S 1268 RS

1 SEC. 5. NATIONAL SECURITY INTERAGENCY COMMUNITIES 

2 OF INTEREST. 

3 (a) IDENTIFICATION OF ICIS.—Subject to section 8, 

4 the Committee— 

5 (1) shall identify ICIs on an ongoing basis for 

6 purposes of carrying out this Act; and 

7 (2) may alter or discontinue an ICI identified 

8 under paragraph (1). 

9 (b) IDENTIFICATION OF ICI POSITIONS.—The head of 

10 each covered agency shall identify ICI positions within the 

11 covered agency. 

12 (c) INTERAGENCY BODIES.— 

13 (1) IDENTIFICATION.— 

14 (A) IN GENERAL.—The Committee shall 

15 identify— 

16 (i) entities in the executive branch of 

17 the Government that are primarily involved 

18 in interagency activities relating to na19 tional security or homeland security; and 

20 (ii) components of agencies that are 

21 primarily involved in interagency activities 

22 relating to national security or homeland 

23 security and have a mission distinct from 

24 the agency within which the component is 

25 located. 

26 (B) CERTAIN BODIES.— 


PWALKER on DSK7TPTVN1PROD with BILLS
54 

•S 1268 RS

1 (i) IN GENERAL.—The Committee shall 

2 identify the National Security Council and 

3 the Directorate of Strategic Operational 

4 Planning of the National Counterterrorism 

5 Center as interagency bodies under this 

6 paragraph. 

7 (ii) FBI ROTATIONS.—Joint Terrorism 

8 Task Forces shall not be considered inter9 agency bodies for purposes of service by em10 ployees of the Federal Bureau of Investiga11 tion. 

12 (C) DUTIES OF HEAD OF COVERED AGEN13 CY.—The Committee shall designate the Federal 

14 officer who shall perform the duties of the head 

15 of a covered agency relating to ICI positions 

16 within an interagency body. 

17 (2) POSITIONS IN INTERAGENCY BODIES.—The 

18 officials designated under paragraph (1)(C) shall 

19 identify— 

20 (A) positions within their respective inter21 agency bodies that are ICI positions; and 

22 (B) positions within their respective inter23 agency bodies— 

24 (i) that are not a position described 

25 under section 3(10)(A) or (C) or a position 


PWALKER on DSK7TPTVN1PROD with BILLS
55 

•S 1268 RS

1 filled by an employee described under sec2 tion 3(10)(B); and 

3 (ii) for which service in the position 

4 shall constitute interagency rotational serv5 ice. 

6 SEC. 6. INTERAGENCY COMMUNITY OF INTEREST ROTA7 TIONAL SERVICE. 

8 (a) EXCLUSION OF SENIOR POSITIONS.—For purposes 

9 of this section, the term ‘‘ICI position’’ does not include a 

10 senior position. 

11 (b) ROTATIONS.— 

12 (1) IN GENERAL.—The Committee shall provide 

13 for employees serving in an ICI position to be as14 signed on a rotational basis to another ICI position 

15 that is— 

16 (A) within another covered agency or with17 in an interagency body; and 

18 (B) within the same ICI. 

19 (2) EXCEPTION.—An employee may be assigned 

20 to an ICI position in another covered agency or in 

21 an interagency body that is not in the ICI applicable 

22 to an ICI position in which the employee serves or 

23 has served if— 


PWALKER on DSK7TPTVN1PROD with BILLS
56 

•S 1268 RS

1 (A) the employee has particular nongovern2 mental or other expertise or skills that are rel3 evant to the assigned ICI position; and 

4 (B) the head of the covered agency employ5 ing the employee, the head of the covered agency 

6 to which the assignment is made, and the Com7 mittee approve the assignment. 

8 (3) NONREIMBURSABLE BASIS.—Service by an 

9 employee in an ICI position in another covered agen10 cy or in an interagency body that is not within the 

11 agency employing the employee shall be performed 

12 without reimbursement. 

13 (4) RETURN TO PRIOR POSITION.—Except as 

14 provided otherwise by the Committee, an employee 

15 performing service in an ICI position in another cov16 ered agency or interagency body or in a position des17 ignated under section 5(c)(2)(B) shall be entitled to 

18 return to the position held by the employee in the cov19 ered agency employing the employee within a reason20 able period of time after the end of the period of serv21 ice. 

22 (c) SELECTION OF ICI POSITIONS OPEN FOR ROTA23 TIONAL SERVICE.— 

24 (1) IN GENERAL.—The head of each covered 

25 agency shall determine which ICI positions in the 


PWALKER on DSK7TPTVN1PROD with BILLS
57 

•S 1268 RS

1 covered agency shall be available for service by em2 ployees from another covered agency and may modify 

3 a determination under this paragraph. 

4 (2) LIST.—The Committee shall maintain a sin5 gle, integrated list of positions available for service by 

6 employees from another covered agency under this sec7 tion and shall make the list available to Federal em8 ployees on an ongoing basis in order to facilitate ap9 plications for the positions and long-term career 

10 planning by employees of the executive branch of the 

11 Government, except to the extent that the Committee 

12 determines that the identity of certain positions 

13 should not be distributed in order to protect national 

14 security or homeland security. 

15 (d) MINIMUM PERIOD FOR SERVICE.—With respect to 

16 the period of service in an ICI position in another covered 

17 agency or interagency body, the Committee— 

18 (1) shall, notwithstanding any other provision of 

19 law, ensure that the period of service is sufficient to 

20 gain an adequately detailed understanding and per21 spective of the covered agency or interagency body at 

22 which the employee is assigned; 

23 (2) may provide for different periods for service, 

24 depending upon the nature of the position, including 

25 whether the position is in an area that is a combat 


PWALKER on DSK7TPTVN1PROD with BILLS
58 

•S 1268 RS

1 zone for purposes of section 112 of the Internal Rev2 enue Code of 1986; and 

3 (3) shall require that an employee performing 

4 service in an ICI position in another covered agency 

5 or interagency body is informed of the period of serv6 ice for the position before beginning such service. 

7 (e) VOLUNTARY NATURE OF ROTATIONAL SERVICE.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (2), service in an ICI position in another cov10 ered agency or interagency body shall be voluntary by 

11 an employee. 

12 (2) AUTHORITY TO ASSIGN INVOLUNTARILY.—If 

13 the head of a covered agency has the authority under 

14 another provision of law to assign an employee invol15 untarily to a position and the employee is serving in 

16 an ICI position, the head of the covered agency may 

17 assign the employee involuntarily to serve in an ICI 

18 position in another covered agency or interagency 

19 body. 

20 (f) TRAINING AND EDUCATION OF PERSONNEL PER21 FORMING INTERAGENCY ROTATIONAL SERVICE.—Each em22 ployee performing interagency rotational service shall par23 ticipate in the training and education, if any, that is regu24 larly provided to new employees by the covered agency or 

25 interagency body in which the employee is serving in order 


PWALKER on DSK7TPTVN1PROD with BILLS
59 

•S 1268 RS

1 to learn how the covered agency or interagency body func2 tions. 

3 (g) PREVENTION OF NEED FOR INCREASED PER4 SONNEL LEVELS.—The Committee shall ensure that em5 ployees are rotated across covered agencies and interagency 

6 bodies within an ICI in a manner that ensures that, for 

7 the original ICI positions of all employees performing serv8 ice in an ICI position in another covered agency or inter9 agency body— 

10 (1) employees from another covered agency or 

11 interagency body who are performing service in an 

12 ICI position in another covered agency or interagency 

13 body, or other available employees, begin service in 

14 such original positions within a reasonable period, at 

15 no additional cost to the covered agency or the inter16 agency body in which such original positions are lo17 cated; or 

18 (2) other employees do not need to serve in the 

19 positions in order to maintain the effectiveness of or 

20 to prevent any costs being accrued by the covered 

21 agency or interagency body in which such original 

22 positions are located. 

23 (h) OPEN AND FAIR COMPETITION.—Each covered 

24 agency or interagency body that has an ICI position avail25 able for service by an employee from another covered agency 


PWALKER on DSK7TPTVN1PROD with BILLS
60 

•S 1268 RS

1 shall coordinate with the Office of Personnel Management 

2 to ensure that employees of covered agencies selected to per3 form interagency rotational service shall be selected in a 

4 fully open and competitive manner that is consistent with 

5 the merit system principles set forth in paragraphs (1) and 

6 (2) of section 2301(b) of title 5, United States Code, unless 

7 the ICI position is otherwise exempt under another provi8 sion of law. 

9 (i) PERSONNEL LAW MATTERS.— 

10 (1) NATIONAL SECURITY EXCLUSION.—The iden11 tification of a position as available for service by an 

12 employee of another covered agency or as being within 

13 an ICI shall not be a basis for an order under section 

14 7103(b) of title 5, United States Code, excluding the 

15 covered agency, or a subdivision thereof, in which the 

16 position is located from the applicability of chapter 

17 71 of title 5, United States Code. 

18 (2) ON ROTATION.—An employee performing 

19 interagency rotational service shall have all the rights 

20 that would be available to the employee if the em21 ployee was detailed or assigned under a provision of 

22 law other than this Act from the agency employing 

23 the employee to the agency in which the ICI position 

24 in which the employee is serving is located. 


PWALKER on DSK7TPTVN1PROD with BILLS
61 

•S 1268 RS

1 (j) CONSULTATION.—The Committee shall consult with 

2 relevant associations, unions, and other groups involved in 

3 collective bargaining or encouraging public service, organi4 zational reform of the Government, or interagency activities 

5 (such as the Simons Center for the Study of Interagency 

6 Cooperation of the Command and General Staff College 

7 Foundation) in formulating and implementing policies 

8 under this Act. 

9 (k) OFFICERS OF THE ARMED FORCES.—The policies, 

10 procedures, and practices for the management of officers of 

11 the Armed Forces may provide for the assignment of officers 

12 of the Armed Forces to ICI positions or positions designated 

13 under section 5(c)(2)(B). 

14 (l) PERFORMANCE APPRAISALS.—The Committee 

15 shall— 

16 (1) ensure that an employee receives performance 

17 evaluations that are based primarily on the contribu18 tion of the employee to the work of the covered agency 

19 in which the employee is performing service in an ICI 

20 position in another covered agency or interagency 

21 body and the functioning of the applicable ICI; and 

22 (2) require that— 

23 (A) officials at the covered agency employ24 ing the employee conduct the evaluations based 

25 on input from the supervisors of the employee 


PWALKER on DSK7TPTVN1PROD with BILLS
62 

•S 1268 RS

1 during service in an ICI position in another cov2 ered agency or interagency body; and 

3 (B) the evaluations shall be provided the 

4 same weight in the receipt of promotions and 

5 other rewards by the employee from the covered 

6 agency employing the employee as performance 

7 evaluations receive for other employees of the cov8 ered agency. 

9 (m) FOREIGN SERVICE.—Section 607(a) of the For10 eign Service Act of 1980 (22 U.S.C. 4007(a)) is amended 

11 by adding at the end the following: 

12 ‘‘(4) At the election of an individual subject to 

13 a maximum time in class limitation under this sub14 section, any period of service in an ICI position (as 

15 defined in section 3 of the Interagency Personnel Ro16 tation Act of 2011) that is not within the Department 

17 of State shall not be used for purposes of determining 

18 the period during which the individual has served in 

19 a class.’’. 

20 (n) REPORTING.—Not later than October 1 of the first 

21 fiscal year after the fiscal year in which this Act is enacted, 

22 and October 1 of each fiscal year thereafter, the Committee 

23 shall submit to Congress— 

24 (1) a consolidated list of ICI positions, which 

25 shall include an explanation of the criteria governing 


PWALKER on DSK7TPTVN1PROD with BILLS
63 

•S 1268 RS

1 the identification of positions as being within the ICI; 

2 and 

3 (2) a consolidated list of ICI positions made 

4 available for service by employees from another cov5 ered agency, which shall include an explanation of the 

6 methodology used by the covered agency in deter7 mining which positions were and were not to be made 

8 available. 

9 SEC. 7. SELECTION OF SENIOR POSITIONS IN AN INTER10 AGENCY COMMUNITY OF INTEREST. 

11 (a) SELECTION OF INDIVIDUALS TO FILL SENIOR PO12 SITIONS WITHIN AN ICI.—In selecting individuals to fill 

13 senior positions within an ICI, the head of a covered agency 

14 shall ensure that a strong preference is given to selecting 

15 of personnel who have performed interagency rotational 

16 service. 

17 (b) ESTABLISHMENT BY HEADS OF COVERED AGEN18 CIES OF MINIMUM THRESHOLDS.— 

19 (1) IN GENERAL.—On October 1 of the second 

20 fiscal year after the fiscal year in which the Com21 mittee identifies an ICI, and October 1 of each fiscal 

22 year thereafter, the head of each covered agency with23 in which 1 or more positions within that ICI are lo24 cated shall establish the minimum number of that 

25 agency’s senior positions that are within that ICI 


PWALKER on DSK7TPTVN1PROD with BILLS
64 

•S 1268 RS

1 that shall be filled by personnel who have performed 

2 interagency rotational service. 

3 (2) REPORTING REQUIREMENTS.— 

4 (A) MINIMUM NUMBER OF POSITIONS.—Not 

5 later than 30 days after the date on which all 

6 heads of covered agencies have established the 

7 minimum number required under paragraph (1) 

8 for a fiscal year, the Committee shall submit to 

9 Congress a consolidated list of the minimum 

10 numbers of senior positions that shall be filled by 

11 personnel who have performed interagency rota12 tional service. 

13 (B) FAILURE TO MEET MINIMUM NUM14 BER.—Not later than 30 days after the end of 

15 any fiscal year in which a covered agency fails 

16 to meet the minimum number of senior positions 

17 to be filled by individuals who have performed 

18 interagency rotational service established by the 

19 head of the covered agency under paragraph (2), 

20 the head of the covered agency shall submit to the 

21 Committee and Congress at the end of the fiscal 

22 year a report identifying the failure and indi23 cating what actions the head of the covered agen24 cy has taken or plans to take in response to the 

25 failure. 


PWALKER on DSK7TPTVN1PROD with BILLS
65 

•S 1268 RS

1 (c) OTHER ROTATIONAL REQUIREMENTS.— 

2 (1) CREDIT FOR SERVICE IN ANOTHER COMPO3 NENT WITHIN AN AGENCY.— 

4 (A) IN GENERAL.—Service performed dur5 ing the first 3 fiscal years after the fiscal year 

6 in which an ICI is identified by the Committee 

7 by an employee in a rotation to an ICI position 

8 in another component of the covered agency that 

9 employs the employee that is identified under 

10 subparagraph (B) shall constitute interagency 

11 rotational service for purposes of this section. 

12 (B) IDENTIFICATION OF COMPONENTS.— 

13 Subject to approval by the Committee, the head 

14 of a covered agency may identify the components 

15 of the covered agency that are sufficiently inde16 pendent in functionality for service in a rotation 

17 in the component to qualify as service in another 

18 component of the covered agency for purposes of 

19 subparagraph (A). 

20 (2) INTELLIGENCE COMMUNITY PERSONNEL.— 

21 Service performed during the first 3 fiscal years after 

22 the fiscal year in which an ICI is identified by the 

23 Committee by an employee of a covered agency under 

24 any program established before the date of enactment 

25 of this Act that provides for rotation assignments of 


PWALKER on DSK7TPTVN1PROD with BILLS
66 

•S 1268 RS

1 employees across the agencies or elements of the intel2 ligence community shall constitute interagency rota3 tional service for purposes of this section. 

4 SEC. 8. IMPLEMENTATION. 

5 (a) ICIS AND ICI POSITIONS.— 

6 (1) IN GENERAL.—During the first 4 fiscal years 

7 after the fiscal year in which this Act is enacted— 

8 (A) there shall be 2 ICIs, which shall be an 

9 ICI for emergency management and an ICI for 

10 stabilization and reconstruction; and 

11 (B) during each such fiscal year, not less 

12 than 20 employees and not more than 25 em13 ployees in the executive branch of the Govern14 ment shall perform service in an ICI position in 

15 another covered agency or in an interagency 

16 body that is not within the agency employing the 

17 employee under this Act. 

18 (2) LOCATION.— 

19 (A) IN GENERAL.—The Committee shall des20 ignate a metropolitan area in which the ICI for 

21 emergency management will be located and a 

22 metropolitan area in which the ICI for stabiliza23 tion and reconstruction will be located. 

24 (B) SERVICE.—During the first 4 fiscal 

25 years after the fiscal year in which this Act is 


PWALKER on DSK7TPTVN1PROD with BILLS
67 

•S 1268 RS

1 enacted, any service in an ICI position in an2 other covered agency or in an interagency body 

3 that is not within the agency employing the em4 ployee shall be performed— 

5 (i) by an employee who is located in 

6 the metropolitan area for the ICI designated 

7 under subparagraph (A) before beginning 

8 service in the ICI position; and 

9 (ii) at a location in the metropolitan 

10 area for the ICI designated under subpara11 graph (A) . 

12 (b) PRIORITY FOR DETAILS.—During the first 4 fiscal 

13 years after the fiscal year in which this Act is enacted, a 

14 covered agency shall give priority in using amounts avail15 able to the covered agency for details to assigning employees 

16 on a rotational basis under this Act. 

17 (c) REPORT.—Not later than 270 days after the date 

18 of enactment of this Act, the Committee shall submit to Con19 gress a plan for the establishment of the ICI for emergency 

20 management and the ICI for stabilization and reconstruc21 tion. 

22 SEC. 9. STRATEGY AND PERFORMANCE EVALUATION. 

23 (a) ISSUING OF STRATEGY.— 

24 (1) IN GENERAL.—Not later than October 1 of 

25 the third fiscal year after the fiscal year in which this 


PWALKER on DSK7TPTVN1PROD with BILLS
68 

•S 1268 RS

1 Act is enacted, and every 4 fiscal years thereafter, the 

2 Committee shall issue a National Security Human 

3 Capital Strategy to develop the national security and 

4 homeland security personnel necessary for accom5 plishing national security and homeland security ob6 jectives that require integration of personnel and ac7 tivities from multiple agencies of the executive branch 

8 of the Government. 

9 (2) CONSULTATIONS WITH CONGRESS.—In devel10 oping or making adjustments to the National Secu11 rity Human Capital Strategy issued under para12 graph (1), the Committee— 

13 (A) shall consult at least annually with 

14 Congress, including majority and minority views 

15 from all appropriate authorizing, appropria16 tions, and oversight committees; and 

17 (B) as the Committee determines appro18 priate, shall solicit and consider the views and 

19 suggestions of entities potentially affected by or 

20 interested in the strategy. 

21 (3) CONTENTS OF STRATEGY.—Each National 

22 Security Human Capital Strategy issued under para23 graph (1) shall— 

24 (A) provide for the implementation of this 

25 Act; 


PWALKER on DSK7TPTVN1PROD with BILLS
69 

•S 1268 RS

1 (B) identify best practices from ICIs al2 ready in operation; 

3 (C) identify any additional ICIs to be iden4 tified by the Committee; 

5 (D) include a schedule for the issuance of 

6 directives and establishment of standards relat7 ing to the requirements under this Act by the 

8 Committee; 

9 (E) include a description of how the strat10 egy incorporates views and suggestions obtained 

11 through the consultations with Congress required 

12 under paragraph (2); 

13 (F) include an assessment of performance 

14 measures over a multi-year period, such as— 

15 (i) the percentage of ICI positions 

16 available for service by employees from an17 other covered agency for which such employ18 ees performed such service; 

19 (ii) the number of personnel partici20 pating in interagency rotational service in 

21 each covered agency and interagency body; 

22 (iii) the length of interagency rota23 tional service under this Act; 

24 (iv) reports by the heads of covered 

25 agencies submitted under section 7(b)(2)(B); 


PWALKER on DSK7TPTVN1PROD with BILLS
70 

•S 1268 RS

1 (v) the training and education of per2 sonnel who perform interagency rotational 

3 service, and the evaluation by the Com4 mittee of the training and education; 

5 (vi) the positions (including grade 

6 level) held by employees who perform inter7 agency rotational service during the period 

8 beginning on the date on which the inter9 agency rotational service terminates and 

10 ending on the date of the assessment; and 

11 (vii) to the extent possible, the evalua12 tion of the Committee of the utility of inter13 agency rotational service in improving 

14 interagency integration. 

15 (b) REPORTS ON IMPLEMENTATION.— 

16 (1) IN GENERAL.—Not later than October 1 of 

17 the second fiscal year after a fiscal year in which the 

18 Committee issues a National Security Human Cap19 ital Strategy under subsection (a), the Committee 

20 shall issue a report on the implementation of the 

21 strategy and this Act. 

22 (2) CONTENTS.—Each report submitted under 

23 paragraph (1) shall include updates to the plan con24 tained in the most recent National Security Human 

25 Capital Strategy and reporting that is specific to 


PWALKER on DSK7TPTVN1PROD with BILLS
71 

•S 1268 RS

1 each ICI and to each covered agency and interagency 

2 body regarding— 

3 (A) implementation of the National Secu4 rity Human Capital Strategy and this Act; and 

5 (B) performance measures for the National 

6 Security Human Capital Strategy and data on 

7 the performance measures, including information 

8 regarding the performance measures described in 

9 subsection (a)(3)(F). 

10 (c) SUBMISSION TO CONGRESS.—Not later than 30 

11 days after the date on which the Committee issues a Na12 tional Security Human Capital Strategy under subsection 

13 (a) or an implementation report under subsection (b), the 

14 Committee shall submit that strategy or report to Congress. 

15 SEC. 10. GAO STUDY OF INTERAGENCY ROTATIONAL SERV16 ICE. 

17 Not later than the end of the second fiscal year after 

18 the fiscal year in which this Act is enacted, the Comptroller 

19 General of the United States shall submit to Congress a re20 port regarding— 

21 (1) the extent to which performing service in an 

22 ICI position in another covered agency or an inter23 agency body under this Act enabled the employees 

24 performing the service to gain an adequately detailed 

25 understanding of and perspective on the covered agenVerDate Mar 15 2010 23:44 Nov 13, 2012 Jkt 029200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6203 E:\BILLS\S1268.RS S1268

PWALKER on DSK7TPTVN1PROD with BILLS
72 

•S 1268 RS

1 cy or interagency body, including an assessment of 

2 the effect of— 

3 (A) the period of the service; and 

4 (B) the duties performed by the employees 

5 during the service; 

6 (2) the effectiveness of the Committee and the 

7 staff of the Committee funded under section 4(e)(4)(B) 

8 in overseeing and managing interagency rotational 

9 service under this Act, including an evaluation of any 

10 directives or standards issued by the Committee; 

11 (3) the participation of covered agencies in inter12 agency rotational service under this Act, including 

13 whether each covered agency that performs a mission 

14 relating to an ICI in effect— 

15 (A) identified positions within the covered 

16 agency as ICI positions; 

17 (B) had 1 or more employees from another 

18 covered agency perform service in an ICI posi19 tion in the covered agency; or 

20 (C) had 1 or more employees of the covered 

21 agency perform service in an ICI position in an22 other covered agency; 

23 (4) the positions (including grade level) held by 

24 employees after completing interagency rotational 


PWALKER on DSK7TPTVN1PROD with BILLS
73 

•S 1268 RS

1 service under this Act, and the extent to which the 

2 employees were rewarded for the service; and 

3 (5) the extent to which or likelihood that inter4 agency rotational service under this Act has improved 

5 or is projected to improve interagency integration. 

6 SEC. 11. PROHIBITION OF PRINTED REPORTS. 

7 Each strategy, plan, report, or other submission re8 quired under this Act— 

9 (1) shall be made available by the agency issuing 

10 the strategy, plan, report, or other submission only in 

11 electronic form; and 

12 (2) shall not be made available by the agency in 

13 printed form. 


PWALKER on DSK7TPTVN1PROD with BILLS
Calendar No. 540 

112TH CONGRESS 

2D SESSION S. 1268 

[Report No. 112–235] 

A BILL 

To increase the efficiency and effectiveness of the 

ice by employees, and for other purposes. capital strategy and interagency rotational servnational security and homeland security human security personnel through the development of a experience among national security and homeland Government by providing for greater interagency 

NOVEMBER 13, 2012 

Reported with an amendment 


PWALKER on DSK7TPTVN1PROD with BILLS