II 

112TH CONGRESS 

1ST SESSION S. 1268 

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, and Mr. AKAKA) introduced the 

following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

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. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 Rotation Act of 2011’’. 

4 SEC. 2. FINDINGS AND PURPOSE. 

5 (a) FINDINGS.—Congress finds that— 

6 (1) the national security and homeland security 

7 challenges of the 21st century bridge the foreign and 

8 domestic divide and require a whole-of-Government 

9 approach in order for the United States Government 

10 to operate in the most effective and efficient man11 ner; and 

12 (2) these challenges require that executive 

13 branch personnel— 

14 (A) view national security and homeland 

15 security issues from a whole-of-Government per16 spective; 

17 (B) understand the capabilities, authori18 ties, resources, and constraints of other agen19 cies; and 

20 (C) be able to rely upon networks and 

21 communities of interest composed of personnel 

22 from other agencies who work on the same na23 tional security or homeland security issues. 

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

25 the efficiency and effectiveness of the Government by fos26 tering greater interagency experience among executive 


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1 branch personnel on national security and homeland secu2 rity matters involving more than one agency. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

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

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

7 section 105 of title 5, United States Code. 

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

9 means the Committee on National Security Per10 sonnel established under section 5(a). 

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

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

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

14 Security Interagency Community of Interest identi15 fied by the Committee under section 6(a). 

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

17 (A) means— 

18 (i) a position that— 

19 (I) is identified by the head of a 

20 covered agency as a position within 

21 that agency the primary duties of 

22 which relate to national security or 

23 homeland security policy formulation 

24 or execution; 


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1 (II) is a position in the civil serv2 ice (as defined in section 2101(1) of 

3 title 5, United States Code) in the ex4 ecutive branch of the Government for 

5 which the pay is at a rate at or great6 er than the minimum basic rate of 

7 pay for a position at GS–11 of the 

8 General Schedule; and 

9 (III) is a position within an ICI; 

10 or 

11 (ii) a position in an interagency body 

12 identified as an ICI position by the Com13 mittee under section 6(c)(1); and 

14 (B) shall not include— 

15 (i) any position described under para16 graph (10)(A) or (C); or 

17 (ii) any position filled by an employee 

18 described under paragraph (10)(B). 

19 (6) INTELLIGENCE COMMUNITY.—The term 

20 ‘‘intelligence community’’ has the meaning given 

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

22 1947 (50 U.S.C. 401a(4)). 

23 (7) INTERAGENCY BODY.—The term ‘‘inter24 agency body’’ means an interagency body identified 

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


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1 (8) INTERAGENCY ROTATIONAL SERVICE.—The 

2 term ‘‘interagency rotational service’’ means service 

3 by an employee in— 

4 (A) an ICI position that is— 

5 (i) in— 

6 (I) a covered agency other than 

7 the covered agency employing the em8 ployee; or 

9 (II) an interagency body, without 

10 regard to whether the employee is em11 ployed by the agency in which the 

12 interagency body is located; and 

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

14 which the employee serves or has served 

15 before serving in that ICI position; or 

16 (B) in a position in an interagency body 

17 identified by the Committee under section 

18 6(c)(2). 

19 (9) NATIONAL SECURITY INTERAGENCY COM20 MUNITY OF INTEREST.—The term ‘‘National Secu21 rity Interagency Community of Interest’’ means the 

22 personnel of the executive branch of the Government 

23 that— 


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1 (A) as a group are employees of multiple 

2 agencies of the executive branch of the Govern3 ment; and 

4 (B) have significant responsibility for the 

5 same substantive, functional, or regional subject 

6 area related to national security or homeland 

7 security that requires integration of the per8 sonnel and activities in that area across mul9 tiple agencies to ensure that the executive 

10 branch of the Government operates as a single, 

11 cohesive enterprise to maximize mission success 

12 and minimize cost. 

13 (10) POLITICAL APPOINTEE.—The term ‘‘polit14 ical appointee’’ means an individual who— 

15 (A) is employed in a position described 

16 under sections 5312 through 5316 of title 5, 

17 United States Code, (relating to the Executive 

18 Schedule); 

19 (B) is a limited term appointee, limited 

20 emergency appointee, or noncareer appointee in 

21 the Senior Executive Service, as defined under 

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

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

24 or 


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1 (C) is employed in a position in the execu2 tive branch of the Government of a confidential 

3 or policy-determining character under schedule 

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

5 Code of Federal Regulations. 

6 (11) RELEVANT COMMITTEES OF CONGRESS.— 

7 The term ‘‘relevant committees of Congress’’ 

8 means— 

9 (A) the Committee on Appropriations, the 

10 Committee on Armed Services, the Committee 

11 on Commerce, Science, and Transportation, the 

12 Committee on Energy and Natural Resources, 

13 the Committee on Finance, the Committee on 

14 Foreign Relations, the Committee on Health, 

15 Labor, Education, and Pensions, the Committee 

16 on Homeland Security and Governmental Af17 fairs, the Committee on the Judiciary, and the 

18 Select Committee on Intelligence of the Senate; 

19 and 

20 (B) the Committee on Appropriations, the 

21 Committee on Armed Services, the Committee 

22 on Energy and Commerce, the Committee on 

23 Education and the Workforce, the Committee 

24 on Foreign Affairs, the Committee on Home25 land Security, the Committee on the Judiciary, 


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1 the Committee on Oversight and Government 

2 Reform, the Permanent Select Committee on 

3 Intelligence, and the Committee on Ways and 

4 Means of the House of Representatives. 

5 (12) SENIOR POSITION.—The term ‘‘senior po6 sition’’ means— 

7 (A) a Senior Executive Service position, as 

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

9 States Code; 

10 (B) a position in the Senior Foreign Serv11 ice established under the Foreign Service Act of 

12 1980 (22 U.S.C. 3901 et seq.); 

13 (C) a position in the Federal Bureau of In14 vestigation and Drug Enforcement Administra15 tion Senior Executive Service established under 

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

17 (D) any other equivalent position identified 

18 by the Committee. 

19 SEC. 4. STRATEGY AND PLANNING REQUIREMENTS. 

20 (a) NATIONAL SECURITY HUMAN CAPITAL STRAT21 EGY.— 

22 (1) ISSUING OF STRATEGY.— 

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

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

25 the first fiscal year after the fiscal year in 


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1 which this Act is enacted, and every 4 years 

2 thereafter, the Committee shall issue a National 

3 Security Human Capital Strategy to develop 

4 the national security and homeland security 

5 personnel necessary for accomplishing national 

6 security and homeland security objectives that 

7 require integration of personnel and activities 

8 from multiple agencies of the executive branch 

9 of the Government in order to ensure that the 

10 executive branch of the Government operates as 

11 a single, cohesive enterprise to maximize mis12 sion success and minimize cost. 

13 (B) MODIFIED DATE.—If this Act is en14 acted on a date that is less than 180 days be15 fore the end of the fiscal year, then the Com16 mittee shall issue the National Security Human 

17 Capital Strategy under this paragraph not later 

18 than October 1 of the second fiscal year after 

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

20 every 4 years thereafter. 

21 (2) PLAN.—Each National Security Human 

22 Capital Strategy issued under paragraph (1) shall 

23 include a plan that— 

24 (A) provides for the phased implementa25 tion of this Act; 


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1 (B) contains graduated and specific targets 

2 for the percentages of senior positions in an ICI 

3 that— 

4 (i) require interagency rotational serv5 ice as an eligibility requirement; 

6 (ii) ensures that, not later than Octo7 ber 1 of the fifteenth fiscal year after the 

8 fiscal year in which this Act is enacted, not 

9 less than 85 percent of the ICI positions of 

10 each covered agency that are senior posi11 tions are designated under section 8(a)(1); 

12 and 

13 (C) includes a schedule for the issuance of 

14 directives relating to the requirements under 

15 this Act by the Committee. 

16 (3) SUBMISSION TO RELEVANT COMMITTEES OF

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

18 on which the Committee issues a National Security 

19 Human Capital Strategy under paragraph (1), the 

20 Committee shall submit that strategy to the relevant 

21 committees of Congress. 

22 (b) REPORTS ON IMPLEMENTATION.— 

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

24 the date on which the Committee issues a National 

25 Security Human Capital Strategy under subsection 


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1 (a), the Committee shall submit to the relevant com2 mittees of Congress a report on the implementation 

3 of the strategy and this Act. 

4 (2) CONTENTS.—Each report submitted under 

5 paragraph (1) shall include updates to the plan con6 tained in the most recent National Security Human 

7 Capital Strategy and detailed reporting that is spe8 cific to each ICI and to each covered agency and 

9 interagency body regarding— 

10 (A) implementation of the National Secu11 rity Human Capital Strategy and this Act; and 

12 (B) performance measures for the National 

13 Security Human Capital Strategy and data on 

14 the performance measures. 

15 SEC. 5. COMMITTEE ON NATIONAL SECURITY PERSONNEL. 

16 (a) ESTABLISHMENT.—There is established the Com17 mittee on National Security Personnel within the Execu18 tive Office of the President. 

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

20 shall be the Director of the Office of Management and 

21 Budget, the Director of the Office of Personnel Manage22 ment, and the Assistant to the President for National Se23 curity Affairs. 


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

2 Management and Budget shall be the Chairperson of the 

3 Committee. 

4 (d) FUNCTIONS.— 

5 (1) IN GENERAL.—The Committee shall per6 form the functions as provided under this Act to 

7 carry out service in an ICI position in another cov8 ered agency or interagency body by employees, the 

9 training required under section 9, and other activi10 ties under this Act. 

11 (2) DIRECTIVES.— 

12 (A) IN GENERAL.—In consultation with 

13 the Director of the Office of Personnel Manage14 ment and the Assistant to the President for 

15 National Security Affairs, the Director of the 

16 Office of Management and Budget shall issue 

17 directives and set standards for service in an 

18 ICI position in another covered agency or inter19 agency body, the training required under sec20 tion 9, and other activities under this Act, in21 cluding the directives specifically required under 

22 this Act. 

23 (B) USE BY COVERED AGENCIES.—The 

24 head of each covered agency shall carry out the 

25 responsibilities under this Act in accordance 


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1 with the directives issued by the Director of the 

2 Office of Management and Budget. 

3 (C) SUBMISSION TO CONGRESS.—Not later 

4 than 30 days after the date on which the Direc5 tor of the Office of Management and Budget 

6 issues a directive under this Act, the Director 

7 shall submit the directive to the relevant com8 mittees of Congress. 

9 (e) SUPPORT AND IMPLEMENTATION.— 

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

11 assist the Committee, which shall be composed of 1 

12 designee (who shall serve in an Executive schedule 

13 position at level III) selected by each of the Sec14 retary of State, the Secretary of Defense, the Sec15 retary of Homeland Security, the Attorney General, 

16 the Secretary of the Treasury, the Secretary of En17 ergy, the Secretary of Health and Human Services, 

18 the Secretary of Commerce, and the Director of Na19 tional Intelligence. 

20 (2) CHIEF HUMAN CAPITAL OFFICERS COUN21 CIL.—The Chief Human Capital Officers Council 

22 shall provide advice to the Committee regarding 

23 technical human capital issues relating to the imple24 mentation of this Act. 


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

2 each covered agency shall designate an officer and 

3 office within that covered agency with responsibility 

4 for the implementation of this Act. 

5 SEC. 6. NATIONAL SECURITY INTERAGENCY COMMUNITIES 

6 OF INTEREST. 

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

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

9 purposes of carrying out this Act; and 

10 (2) may alter or discontinue an ICI identified 

11 under paragraph (1). 

12 (b) IDENTIFICATION OF ICI POSITIONS.— 

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

14 the head of each covered agency shall identify ICI 

15 positions within that covered agency. 

16 (2) POSITION WITH ADMINISTRATIVE OR TECH17 NICAL DUTIES.— 

18 (A) EXCLUSION FOR ADMINISTRATIVE DU19 TIES.—A position the primary duties of which 

20 relate to administrative duties (including duties 

21 relating to procurement, accounting, and fi22 nance) shall not be identified as an ICI posi23 tion. 

24 (B) TECHNOLOGY DUTIES.— 


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1 (i) IN GENERAL.—The Committee 

2 shall determine which positions the pri3 mary duties of which relate to information 

4 technology or engineering may be identi5 fied as ICI positions by the head of a cov6 ered agency. The Committee may provide 

7 guidance regarding the positions that may 

8 be identified as ICI positions under this 

9 clause or approve the identification of the 

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

11 the Committee determines appropriate. 

12 (ii) INFORMATION TECHNOLOGY POSI13 TIONS.—A position that relates to informa14 tion technology may be identified as an ICI 

15 position for an ICI relating to cybersecu16 rity. 

17 (3) OTHER PROVISIONS.— 

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

19 within more than one ICI. 

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

21 the head of a covered agency may change which 

22 positions are identified as ICI positions or 

23 which ICI an ICI position is within. 

24 (4) REVIEW AND APPROVAL BY THE COM25 MITTEE.— 


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

2 (i) provide guidance to the heads of 

3 covered agencies concerning criteria for 

4 identifying or changing the identification 

5 of ICI positions; 

6 (ii) establish criteria concerning iden7 tifications and changes to the identifica8 tions of ICI positions which may be made 

9 by the head of a covered agency and take 

10 effect without review and approval by the 

11 Committee; 

12 (iii) establish criteria concerning iden13 tifications and changes to the identifica14 tions of ICI positions which may be made 

15 by the head of a covered agency and shall 

16 be reviewed and approved by the Com17 mittee before the identification or change 

18 may take effect; and 

19 (iv) develop a schedule for the Com20 mittee to review identifications of and 

21 changes to the identifications of ICI posi22 tions that took effect without prior review 

23 and approval under the criteria established 

24 under clause (ii). 


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1 (B) ACTION BY COVERED AGENCIES.—The 

2 head of a covered agency may not identify a po3 sition as an ICI position or change an ICI posi4 tion or which ICI an ICI position is within if 

5 the identification or change is not— 

6 (i) authorized to be made without the 

7 advance authorization of the Committee 

8 under subparagraph (A)(ii); or 

9 (ii) approved by the Committee under 

10 subparagraph (A)(iii). 

11 (c) INTERAGENCY BODIES.— 

12 (1) IDENTIFICATION.— 

13 (A) IN GENERAL.—The Committee shall 

14 identify— 

15 (i) entities in the executive branch of 

16 the Government that are primarily involved 

17 in interagency activities; and 

18 (ii) components of agencies that are 

19 primarily involved in interagency activities 

20 and have a mission distinct from the agen21 cy within which the component is located. 

22 (B) CERTAIN BODIES.—The Committee 

23 shall identify the National Security Council and 

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1 ning of the National Counterterrorism Center 

2 as interagency bodies under this paragraph. 

3 (2) POSITIONS IN INTERAGENCY BODIES.— 

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

5 Act— 

6 (i) the Assistant to the President for 

7 National Security Affairs shall perform the 

8 duties of the head of a covered agency for 

9 ICI positions within the National Security 

10 Council; 

11 (ii) the Director of the National 

12 Counterterrorism Center shall perform the 

13 duties of the head of a covered agency for 

14 ICI positions within the Directorate of 

15 Strategic Operational Planning of the Na16 tional Counterterrorism Center; and 

17 (iii) the Committee shall designate the 

18 Federal officer who shall perform the du19 ties of the head of a covered agency for 

20 ICI positions within any other interagency 

21 body. 

22 (B) IDENTIFICATION OF POSITIONS.—The 

23 officials described or designated under subpara24 graph (A) shall identify— 


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1 (i) positions within their respective 

2 interagency bodies that are ICI positions; 

3 and 

4 (ii) positions within their respective 

5 interagency bodies— 

6 (I) that are not within an ICI; 

7 (II) that are not a position de8 scribed under section 3(10)(A) or (C) 

9 or a position filled by an employee de10 scribed under section 3(10)(B); and 

11 (III) for which service in the po12 sition shall constitute interagency ro13 tational service. 

14 (C) REVIEW AND APPROVAL BY THE COM15 MITTEE.—The identification of, change of, and 

16 determinations relating to positions described in 

17 subparagraph (B) by a Federal officer de18 scribed in or designated under subparagraph 

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

20 the Committee in the same manner and to the 

21 same extent as provided for the head of a cov22 ered agency under this Act. 


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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 

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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 


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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 


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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. 


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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 


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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 


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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 


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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 

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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, 


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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 


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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.— 


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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 


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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— 


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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 


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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 


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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.— 


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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). 


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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. 


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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.— 


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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; 


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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. 


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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. 


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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. 

Æ 


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