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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2249 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2249

       To provide for the reform of the Senior Executive Service.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 28, 2012

   Mr. Akaka introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
       To provide for the reform of the Senior Executive Service.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Senior Executive 
Service Reform Act of 2012''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
               TITLE I--RESTORATION OF CAREER LEADERSHIP

Sec. 101. Senior Executive Service agency appointments.
Sec. 102. Career reserved position designation for certain 
                            administrative or management positions.
   TITLE II--SENIOR EXECUTIVE SERVICE PAY AND PERFORMANCE MANAGEMENT 
                              IMPROVEMENT

Sec. 201. Annual adjustment for senior executives and other senior 
                            employees at the fully successful level or 
                            higher.
Sec. 202. Inclusion of executive performance awards and bonuses in 
                            basic pay for retirement annuities.
Sec. 203. Certification of agency performance appraisal systems.
Sec. 204. Transparency of ratings for performance appraisals and rating 
                            reductions of senior executives.
Sec. 205. Transparency of Senior Executive Service rankings and pay.
Sec. 206. Effective dates.
         TITLE III--SENIOR EXECUTIVE SERVICE CAREER DEVELOPMENT

Sec. 301. Senior Executive Service Resource Office.
Sec. 302. Senior Executive Service executive development plans.
Sec. 303. Senior executive onboarding programs.
Sec. 304. Senior Executive Service rotation programs.
Sec. 305. Effective date.
         TITLE IV--SENIOR EXECUTIVE SERVICE DIVERSITY ASSURANCE

Sec. 401. Career appointments.
Sec. 402. Encouraging a more diverse Senior Executive Service.

               TITLE I--RESTORATION OF CAREER LEADERSHIP

SEC. 101. SENIOR EXECUTIVE SERVICE AGENCY APPOINTMENTS.

    Section 3134 of title 5, United States Code, is amended--
            (1) in subsection (b)--
                    (A) by inserting ``(1)'' after ``(b)''; and
                    (B) by adding at the end the following:
    ``(2) The total number of Senior Executive Service positions used 
to determine the 10-percent limitation under paragraph (1) for 
available positions for noncareer appointees shall be based on filled 
Senior Executive Service positions at the start of each fiscal year, 
not total authorized positions.'';
            (2) in subsection (d)(1), by striking ``25 percent'' and 
        inserting ``15 percent'';
            (3) by redesignating subsection (e) as subsection (f); and
            (4) by inserting after subsection (d) the following:
    ``(e)(1) The total number of Senior Executive Service positions 
used to determine the 15-percent limitation under subsection (d)(1) for 
available positions for noncareer appointees shall be based on filled 
Senior Executive Service positions at the start of each fiscal year, 
not total authorized positions.''.

SEC. 102. CAREER RESERVED POSITION DESIGNATION FOR CERTAIN 
              ADMINISTRATIVE OR MANAGEMENT POSITIONS.

    (a) In General.--Chapter 14 of title 5, United States Code, is 
amended by adding at the end the following:
``Sec. 1403. Career reserved position designation for certain 
              administrative or management positions
    ``(a)(1) The head of each agency referred to under paragraphs (1) 
and (2) of section 901(b) of title 31 shall establish a position which 
is, or is comparable to, an assistant secretary for administration or 
management.
    ``(2) Each agency assistant secretary for administration or 
management, or incumbent of a comparable position shall--
            ``(A) be appointed in accordance with the law, or if no law 
        provides for that appointment, by the head of the agency;
            ``(B) be a member of the career Senior Executive Service;
            ``(C) be appointed or designated, as applicable, from among 
        individuals who possess demonstrated ability in general 
        management of, and knowledge of, and extensive practical 
        experience in areas such as procurement, human capital, 
        information technology, and related matters; and
            ``(D) perform such duties as the head of the agency shall 
        prescribe.
    ``(b) If the individual serving in any position of assistant 
secretary or in any comparable position in an agency described under 
subsection (a) is not a career appointee as defined under section 
3132(a)(4), the head of that agency shall appoint a career appointee to 
the position of the principal deputy to that assistant secretary or the 
officer in that comparable position.
    ``(c) The head of each agency shall appoint a career appointee to 
the positions which entail direct responsibility for agency-wide 
programs or functions in the following occupational disciplines:
            ``(1) Acquisition.
            ``(2) Information Technology.
            ``(3) Human Resources.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 14 of title 5, United States Code, is amended by inserting 
after the item relating to section 1402 the following:

``Sec. 1403. Career reserved position designation for certain 
                            administrative or management positions.''.
    (c) Regulations.--The Office of Personnel Management shall 
prescribe regulations to carry out this section.

   TITLE II--SENIOR EXECUTIVE SERVICE PAY AND PERFORMANCE MANAGEMENT 
                              IMPROVEMENT

SEC. 201. ANNUAL ADJUSTMENT FOR SENIOR EXECUTIVES AND OTHER SENIOR 
              EMPLOYEES AT THE FULLY SUCCESSFUL LEVEL OR HIGHER.

    (a) Prohibition on Quotas and Forced Distributions.--Section 4314 
of title 5, United States Code, is amended by adding at the end the 
following:
    ``(d) Any determination under this section shall be made without 
the use of quotas or forced distribution of ratings.''.
    (b) Pay for Certain Senior-Level Positions.--Section 5376(b) of 
title 5, United States Code, is amended by striking paragraph (2) and 
inserting the following:
            ``(2)(A) Subject to paragraph (1), effective at the 
        beginning of the first applicable pay period commencing on or 
        after the first day of the month in which an adjustment takes 
        effect under section 5303 in the rates of pay under the General 
        Schedule, each rate of pay established under this section for 
        positions within an agency shall be adjusted, in the case of an 
        employee in such a position whose most recent performance 
        appraisal rating is the equivalent of fully successful or 
        higher, by the total average adjustment in rates of pay 
        authorized by sections 5303 and 5304.
            ``(B) Subject to paragraph (1), subparagraph (A) of this 
        paragraph shall not limit the authorization of an annual 
        adjustment based on performance or contribution to agency 
        mission that is greater than the amount provided for in this 
        section.''.
    (c) Setting Senior Executive Pay.--Section 5383 of title 5, United 
States Code, is amended by striking subsection (c) and inserting the 
following:
    ``(c)(1) Effective at the beginning of the first applicable pay 
period commencing on or after the first day of the month in which an 
adjustment takes effect under sections 5303 and 5304 in the rates of 
pay under the General Schedule, each rate of pay established under this 
section for positions within an agency shall be adjusted, in the case 
of an employee in such a position whose most recent performance 
appraisal rating is the equivalent of fully successful or higher, by 
the total average adjustment in rates of pay authorized by sections 
5303 and 5304.
    ``(2) Subject to paragraph (1) this subsection shall not limit the 
authorization of an annual adjustment based on performance or 
contribution to agency mission that is greater than the amount provided 
for in this section.
    ``(3) This subsection shall comply with any requirement established 
under section 5382.
    ``(4) Except as provided under paragraph (3), this subsection shall 
not limit the head of an agency from authorizing an annual adjustment 
that is greater than the amount provided for in this section.''.
    (d) Setting Individual Senior-Level Pay.--Section 5383(e) of title 
5, United States Code, is amended by adding at the end the following:
            ``(3)(A) In this paragraph the term `covered appointee' 
        means--
                    ``(i) an appointee to a senior level position 
                described under section 5376(a) (1) or (2); or
                    ``(ii) an appointee to the FBI-DEA Senior Executive 
                Service established under section 3151.
            ``(B) Paragraphs (1) and (2) shall apply to covered 
        appointees--
                    ``(i) by substituting `covered appointee' for 
                `career appointee'; and
                    ``(ii) by substituting `a career position as a 
                covered appointee' for `a career reserved position in 
                the Senior Executive Service'.''.

SEC. 202. INCLUSION OF EXECUTIVE PERFORMANCE AWARDS AND BONUSES IN 
              BASIC PAY FOR RETIREMENT ANNUITIES.

    (a) Definition of Basic Pay.--Section 8331(3) of title 5, United 
States Code, is amended--
            (1) in subparagraph (G), by striking ``and'' after the 
        semicolon;
            (2) in the matter following subparagraph (H), by striking 
        ``subparagraphs (B) through (H)'' and inserting ``subparagraphs 
        (B) through (J)''; and
            (3) by inserting after subparagraph (H) the following:
                    ``(I) with respect to a member of the Senior 
                Executive Service, performance awards under section 
                5384; and
                    ``(J) with respect to a senior executive as defined 
                under section 3132(a)(3), a member of the FBI-DEA 
                Senior Executive Service established under section 
                3151, and senior level positions compensated under 
                section 5376--
                            ``(i) agency awards under section 4503;
                            ``(ii) performance awards under section 
                        4505a;
                            ``(iii) bonuses under section 5754; and
                            ``(iv) bonuses under section 5753;''.
    (b) Application.--The amendments made by this section only apply to 
bonuses and awards granted to an employee after the date of enactment 
of this Act.

SEC. 203. CERTIFICATION OF AGENCY PERFORMANCE APPRAISAL SYSTEMS.

    Section 5307(d)(3) of title 5, United States Code, is amended--
            (1) in subparagraph (A), by striking ``and the Office of 
        Management and Budget jointly'';
            (2) in subparagraph (B), by striking ``not to exceed 24 
        months'' and inserting ``of 36 months'';
            (3) in subparagraph (C), by striking ``, with the 
        concurrence of the Office of Management and Budget,''; and
            (4) by adding at the end the following:
            ``(D)(i) The Office of Personnel Management may annually 
        review the information provided by agencies under section 
        4314(c)(6) to determine whether the agency meets minimum 
        certification requirements.
            ``(ii) At the discretion of the Office, the Office may 
        review the certification of an agency and request the agency to 
        submit information to support certification at any time during 
        the certification period.
            ``(E)(i) An agency that has received certification from the 
        Office of Personnel Management shall not make changes to that 
        agency's performance appraisal system without approval from the 
        Office of Personnel Management.
            ``(ii) The Office of Personnel Management shall review 
        annual performance plans to ensure agency compliance and 
        implementation.
            ``(F) The termination of certification during the 
        certification period shall be preceded by--
                    ``(i) notification from the Office of Personnel 
                Management to an agency about what the agency is 
                required to do to continue its certification; and
                    ``(ii) a reasonable period of time following the 
                notification referred to under clause (i) to take 
                corrective action.''.

SEC. 204. TRANSPARENCY OF RATINGS FOR PERFORMANCE APPRAISALS AND RATING 
              REDUCTIONS OF SENIOR EXECUTIVES.

    Section 4314(c) of title 5, United States Code, is amended--
            (1) in paragraph (2)--
                    (A) by inserting ``(A)'' after ``(1)''; and
                    (B) by adding at the end the following:
    ``(B) When recommending a lower rating than was assigned in the 
initial appraisal of a senior executive's performance, a written 
explanation providing reasons for the lower rating shall be provided to 
the senior executive by the board not later than the date the 
recommendation is made.'';
            (2) in paragraph (3), by inserting ``Not later than 30 days 
        after an appraisal and rating is made for a senior executive, 
        the agency shall provide the senior executive with notification 
        of that appraisal and rating, including, as applicable, a 
        written explanation of reasons why a lower rating is assigned 
        than is recommended by the board.'' after the period; and
            (3) by adding at the end the following:
            ``(6)(A)(i) Each agency, having 10 or more career 
        appointees, shall annually publish on the agency website the 
        overall number of ratings awarded to members of the Senior 
        Executive Service at each performance rating level, including--
                    ``(I) the average overall salary adjustment at each 
                level;
                    ``(II) the minimum and maximum adjustment at each 
                level;
                    ``(III) the percentage of senior executives at each 
                rating level who received the minimum and maximum 
                salary adjustment; and
                    ``(IV) the number of senior executives who received 
                performance awards under section 5384 and the average 
                amount of those awards.
            ``(ii) Rating levels and salary adjustment information 
        under clause (i) shall be provided separately for career and 
        noncareer senior executives in agencies having 10 or more 
        noncareer senior executives.
            ``(B) Each agency shall annually publish on the agency 
        website an internal plan which describes a system for 
        determining Senior Executive Service salary and bonus 
        amounts.''.

SEC. 205. TRANSPARENCY OF SENIOR EXECUTIVE SERVICE RANKINGS AND PAY.

    (a) In General.--Chapter 43 of title 5, United States Code, is 
amended--
            (1) by redesignating section 4315 as section 4316;
            (2) in section 4312(c)(3), by striking ``4315'' and 
        inserting ``4316''; and
            (3) by inserting after section 4314 the following:
``Sec. 4315. Survey on the transparency of Senior Executive Service 
              performance management and pay
    ``In consultation with the organization representing the largest 
number of senior executives, the Merit Systems Protection Board shall 
every 2 years conduct and publish the results of a survey of career 
appointees relating to--
            ``(1) the level of transparency and availability of agency 
        performance appraisal systems and compensation policies to 
        career appointees;
            ``(2) the use or perceived use of quotas or forced 
        distribution in the application of the agency performance 
        appraisal system;
            ``(3) any actual or perceived irregularities with the 
        administration of the Senior Executive Service performance 
        appraisal system; and
            ``(4) such other factors as the Merit Systems Protection 
        Board shall determine are necessary and appropriate.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 43 of title 5, United States Code, is amended by striking the 
item relating to section 4315 and inserting the following:

``Sec. 4315. Survey on the transparency of Senior Executive Service 
                            performance management and pay.
``Sec. 4316. Regulations.''.

SEC. 206. EFFECTIVE DATES.

    (a) In General.--Except as provided under subsection (b), this 
title shall take effect 180 days after the date of enactment of this 
Act.
    (b) Certification of Agency Performance Appraisal Systems.--Section 
203 shall take effect on the date of enactment of this Act.

         TITLE III--SENIOR EXECUTIVE SERVICE CAREER DEVELOPMENT

SEC. 301. SENIOR EXECUTIVE SERVICE RESOURCE OFFICE.

    (a) Definitions.--In this section--
            (1) the term ``Director'' means the Director of the Office 
        of Personnel Management;
            (2) the term ``Senior Executive Service'' has the meaning 
        given under section 2101a of title 5, United States Code;
            (3) the terms ``agency'' and ``career reserved position'' 
        have the meanings given under section 3132 of title 5, United 
        States Code; and
            (4) the term ``SES Resource Office'' means the Senior 
        Executive Service Resource Office established under subsection 
        (b).
    (b) Establishment.--The Director shall establish within the Office 
of Personnel Management an office to be known as the Senior Executive 
Service Resource Office.
    (c) Mission.--The mission of the SES Resource Office shall be to--
            (1) improve the efficiency, effectiveness, and productivity 
        of the Senior Executive Service through policy formulation and 
        oversight;
            (2) advance the professionalism of the Senior Executive 
        Service; and
            (3) seek to achieve a Senior Executive Service reflective 
        of the Nation's diversity.
    (d) Functions.--
            (1) In general.--The functions of the SES Resource Office 
        are to--
                    (A) make recommendations to the Director with 
                respect to regulations; and
                    (B) provide guidance to agencies, concerning the 
                structure, management, and diverse composition of the 
                Senior Executive Service.
            (2) Specific functions.--In order to carry out the purposes 
        of this section, the SES Resource Office shall--
                    (A) take such actions as the SES Resource Office 
                considers necessary to manage and promote an efficient, 
                elite, and diverse corps of senior executives by 
                providing oversight of the onboarding, performance, 
                structure, composition, and candidate development of 
                the Senior Executive Service, including the Senior 
                Executive Service Federal Candidate Development 
                Program;
                    (B) be responsible for coordinating, promoting, and 
                monitoring programs for the advancement and training of 
                senior executives, including mentoring programs;
                    (C) be responsible for the policy development, 
                management, and oversight of the Senior Executive 
                Service pay and performance management system;
                    (D) develop standards for certification of each 
                agency's Senior Executive Service performance 
                management system and evaluate all agency applications 
                for certification;
                    (E) provide oversight of, and guidance to, agency 
                executive resources boards;
                    (F) be responsible for the administration of the 
                qualifications review board;
                    (G) establish and maintain annual statistics (in a 
                form that renders such statistics useful to appointing 
                authorities and candidates) on--
                            (i) the total number of career reserved 
                        positions at each agency;
                            (ii) the total number of vacant career 
                        reserved positions at each agency;
                            (iii) the amount of time it takes to hire a 
                        candidate into a career reserved position;
                            (iv) the number of individuals who have 
                        been certified in accordance with section 
                        3393(c) of title 5, United States Code, and the 
                        composition of that group of individuals with 
                        regard to race, ethnicity, sex, age, and 
                        individuals with disabilities;
                            (v) the composition of the Senior Executive 
                        Service with regard to race, ethnicity, sex, 
                        age, and individuals with disabilities;
                            (vi) the composition of executive resources 
                        boards with regard to race, ethnicity, sex, and 
                        individuals with disabilities; and
                            (vii) the composition of qualifications 
                        review boards with regard to race, ethnicity, 
                        sex, and individuals with disabilities;
                    (H) make available to the public through the 
                official public Internet site of the Office of 
                Personnel Management, the data collected under 
                subparagraph (G);
                    (I) conduct a continuing program for the 
                recruitment of women, members of racial and ethnic 
                minority groups, and individuals with disabilities for 
                Senior Executive Service positions, with special 
                efforts directed at recruiting from educational 
                institutions, professional associations, and other 
                sources;
                    (J) advise agencies on the best practices for an 
                agency in utilizing or consulting with an agency's 
                equal employment or diversity office or official (if 
                the agency has such an office or official) with regard 
                to the agency's Senior Executive Service appointments 
                process; and
                    (K) administer an online survey to all individuals 
                leaving a position in the Senior Executive Service to 
                better understand the reasons for the departure--
                            (i) which shall--
                                    (I) at a minimum request 
                                information regarding--
                                            (aa) the reason for 
                                        departure;
                                            (bb) plans for subsequent 
                                        employment; and
                                            (cc) suggestions for 
                                        improving the effectiveness of 
                                        senior executives within the 
                                        agency in which the individual 
                                        serves and the Federal 
                                        Government; and
                                    (II) be incorporated into strategic 
                                planning by agencies, in coordination 
                                with the Office of Personnel 
                                Management; and
                            (ii) the results of which shall be made 
                        available to the public on a semi-annual basis 
                        through the official public Internet site of 
                        the Office of Personnel Management.
    (e) Protection of Individually Identifiable Information.--For 
purposes of subparagraphs (H) and (K)(ii) of subsection (d)(2), the SES 
Resource Office shall combine data for any agency that is not named in 
section 901(b) of chapter 31, United States Code, to protect 
individually identifiable information.
    (f) Cooperation of Agencies.--The head of each agency shall provide 
the Office of Personnel Management with such information as the SES 
Resource Office may require in order to carry out subsection (d)(2)(G).

SEC. 302. SENIOR EXECUTIVE SERVICE EXECUTIVE DEVELOPMENT PLANS.

    (a) Executive Development Plans.--Section 3396 of title 5, United 
States Code, is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c)(1) Upon appointment into the Senior Executive Service, each 
senior executive shall create an executive development plan that 
includes continuing development, training, and mentoring goals. The 
plan shall be submitted to the head of the agency for approval. Each 
senior executive shall update their executive development plan on a 
regular basis.
    ``(2) The Office shall establish standards for multi-year executive 
development plans.''.
    (b) Technical and Conforming Amendment.--Section 3151(a)(7) of 
title 5, United States Code, is amended by striking ``section 3396(c)'' 
and inserting ``section 3396(d)''.

SEC. 303. SENIOR EXECUTIVE ONBOARDING PROGRAMS.

    Section 3396 of title 5, United States Code, (as amended by section 
302) is further amended--
            (1) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively; and
            (2) by inserting after subsection (c) the following:
    ``(d)(1) In consultation with the Office of Personnel Management, 
the head of each agency shall oversee the establishment of an 
onboarding program for newly appointed career appointees and noncareer 
appointees.
    ``(2)(A) Except as provided in subparagraph (B), not later than 180 
days after the date of an initial appointment, each career appointee or 
noncareer appointee shall be required to successfully complete an 
onboarding program established under this subsection.
    ``(B)(i) A position described under section 5312 or 5313 may be 
exempt from the requirement under subparagraph (A).
    ``(ii) In addition to positions described in clause (i), the head 
of an agency may exempt appointees in very senior positions at the 
agency from the requirement under subparagraph (A).
    ``(C) The Office of Personnel Management shall establish criteria 
for determining which positions are very senior for purposes of this 
paragraph.
    ``(3) Each agency onboarding program shall include--
            ``(A) an overview of the mission, priorities, and strategic 
        plan of the agency;
            ``(B) the role and responsibilities for each new appointee;
            ``(C) a review of individual performance objectives and 
        goal setting;
            ``(D) goals for mentoring candidates for the Senior 
        Executive Service;
            ``(E) an overview of the rules and regulations governing 
        the Senior Executive Service; and
            ``(F) other components the head of the agency or the Office 
        determines necessary.''.

SEC. 304. SENIOR EXECUTIVE SERVICE ROTATION PROGRAMS.

    Section 3396 of title 5, United States Code, (as amended by 
sections 301 and 302) is further amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (d) the following:
    ``(e)(1)(A) In consultation with the Office of Personnel 
Management, an agency may establish a program to provide for inter-
agency, inter-governmental, and inter-sector rotation programs for 
career appointees and potential career appointees in the Senior 
Executive Service, senior positions, and managers showing leadership 
potential. The rotation programs established under this section shall 
adhere to the principles of the Senior Executive Service by 
strengthening collaboration and building interagency relationships.
    ``(B)(i) In consultation with the Chief Privacy Officer of the 
Office of Personnel Management, the Office shall establish a 
centralized database for agencies establishing rotation programs under 
subparagraph (A) that--
            ``(I) contains information on each senior executive as 
        defined under section 3132, including information on education, 
        experience, training, and professional development interests; 
        and
            ``(II) shall serve as a profile registry to be used by 
        agencies and senior executives in making rotation decisions.
    ``(ii) The Office shall prescribe regulations to carry out this 
subparagraph, including regulations to establish the database and 
provide for oversight, management, and administration of the database.
    ``(C) Each agency shall allow a senior executive the right of 
return from a temporary rotation detail or assignment that is not a 
reassignment or transfer without a loss of status and seniority.
    ``(2) Senior Executive Service rotations may be accomplished 
through the use of--
            ``(A) extended details;
            ``(B) task force assignments and interagency projects;
            ``(C) sabbaticals to the private sector in accordance with 
        subsection (c);
            ``(D) programs established under the Intergovernmental 
        Personnel Act of 1970 (42 U.S.C. 4701 note);
            ``(E) the Information Technology Exchange Program; or
            ``(F) other exchange programs as established by agencies.
    ``(3) Any career appointee in an agency may be granted a detail or 
sabbatical under this subsection if the appointee agrees, as a 
condition of accepting the detail or sabbatical, to serve in the civil 
service upon the completion of the detail or sabbatical for a period 
equal to the period of the detail or sabbatical.
    ``(4) The Office shall publish guidelines for specific objectives 
and desired results that should be obtained by a senior executive who 
receives a rotation assignment.
    ``(5)(A) Except as provided under subparagraph (B), an agency may 
not require participation in a rotation program as a precondition for 
an appointment to a career reserved position as defined under section 
3132.
    ``(B) Subparagraph (A) shall not apply if the agency, under 
regulations prescribed by the Office--
            ``(i) provides adequate notice of a requirement to 
        participate in a rotation program to candidates within the 
        agency;
            ``(ii) makes opportunities under a rotation program 
        available to those candidates; and
            ``(iii) provides a phase-in period for candidates to meet 
        the rotation requirement.
    ``(C) The Office shall prescribe regulations to carry out this 
paragraph.''.

SEC. 305. EFFECTIVE DATE.

    This title shall take effect 180 days after the date of enactment 
of this Act.

         TITLE IV--SENIOR EXECUTIVE SERVICE DIVERSITY ASSURANCE

SEC. 401. CAREER APPOINTMENTS.

    (a) Promoting Diversity in the Career Appointments Process.--
Section 3393(b) of title 5, United States Code, is amended by inserting 
after the first sentence the following: ``In establishing an executive 
resources board, the head of the agency shall, to the extent 
practicable, ensure diversity of the board and of any subgroup thereof 
or other evaluation panel related to the merit staffing process for 
career appointees, by including members of racial and ethnic minority 
groups, women, and individuals with disabilities.''.
    (b) Regulations.--Not later than 1 year after the date of the 
enactment of this Act, the Director shall promulgate regulations to 
implement subsection (a).
    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Director shall submit to the Committee on Homeland 
Security and Governmental Affairs of the Senate and the Committee on 
Oversight and Government Reform of the House of Representatives a 
report evaluating agency efforts to improve diversity in executive 
resources boards based on the information collected by the SES Resource 
Office under section 301(d)(2)(G) (vi) and (vii).

SEC. 402. ENCOURAGING A MORE DIVERSE SENIOR EXECUTIVE SERVICE.

    (a) Senior Executive Service Diversity Plans.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, each agency, in consultation with 
        the Office of Personnel Management and the Chief Human Capital 
        Officers Council, shall submit to the Office of Personnel 
        Management a plan to enhance and maximize opportunities for the 
        advancement and appointment of minorities, women, and 
        individuals with disabilities in the agency to the Senior 
        Executive Service. Agency plans shall be reflected in the 
        strategic human capital plan.
            (2) Contents.--Agency plans shall address how the agency is 
        identifying and eliminating barriers that impair the ability of 
        minorities, women, and individuals with disabilities to obtain 
        appointments to the Senior Executive Service and any actions 
        the agency is taking to provide advancement opportunities, 
        including--
                    (A) conducting outreach to minorities, women, and 
                individuals within the agency and outside the agency;
                    (B) establishing and maintaining training and 
                education programs to foster leadership development;
                    (C) identifying career enhancing opportunities for 
                agency employees;
                    (D) assessing internal availability of candidates 
                for Senior Executive Service positions; and
                    (E) conducting an inventory of employee skills and 
                addressing current and potential gaps in skills and the 
                distribution of skills.
            (3) Update of agency plans.--Agency plans shall be updated 
        at least every 2 years during the 10 years following enactment 
        of this Act. An agency plan shall be reviewed by the Office of 
        Personnel Management and, if determined to provide sufficient 
        assurances, procedures, and commitments to provide adequate 
        opportunities for the advancement and appointment of 
        minorities, women, and individuals with disabilities to the 
        Senior Executive Service, shall be approved by such Office. An 
        agency may, in updating its plan, submit to the Office of 
        Personnel Management an assessment of the impacts of the plan.
    (b) Summary and Evaluation.--Not later than 180 days after the 
deadline for the submission of any report or update under subsection 
(a), the Director shall transmit to the Committee on Homeland Security 
and Governmental Affairs of the Senate and the Committee on Oversight 
and Government Reform of the House of Representatives a report 
summarizing and evaluating the agency plans or updates (as the case may 
be) so submitted.
    (c) Coordination.--The Office of Personnel Management shall, in 
carrying out subsection (a), evaluate existing requirements under 
section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) and 
section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and 
determine how agency reporting can be performed so as to be consistent 
with, but not duplicative of, such sections and any other similar 
requirements.
                                 <all>
```