I 
112TH CONGRESS 
2D SESSION 
H. R. 6042 
To amend title 5, United States Code, to reform the Senior Executive Service, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 27, 2012 
Mr. MORAN (for himself, Mr. CONNOLLY of Virginia, and Mr. VAN HOLLEN) 
introduced the following bill; which was referred to the Committee on 
Oversight and Government Reform 
A BILL 
To amend title 5, United States Code, to reform the Senior 
Executive Service, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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. 
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Sec. 102. Career reserved position designation for certain administrative or 
management positions. 
TITLE II—SENIOR EXECUTIVE SERVICE SELECTION AND HIRING 
Sec. 201. Position assessment. 
Sec. 202. Application process and notification requirements. 
Sec. 203. Candidate development programs. 
TITLE III—SENIOR EXECUTIVE SERVICE PAY AND 
PERFORMANCE MANAGEMENT IMPROVEMENT 
Sec. 301. Annual adjustment for senior executives and other senior employees 
at the fully successful level or higher. 
Sec. 302. Inclusion of executive performance awards and bonuses in basic pay 
for retirement annuities. 
Sec. 303. Certification of agency performance appraisal systems. 
Sec. 304. Transparency of ratings for performance appraisals and rating reduc-
tions of senior executives. 
Sec. 305. Transparency of Senior Executive Service rankings and pay. 
Sec. 306. Performance plans. 
Sec. 307. Effective dates. 
TITLE IV—SENIOR EXECUTIVE SERVICE CAREER DEVELOPMENT 
Sec. 401. Senior Executive Service Resource Office. 
Sec. 402. Senior Executive Service executive development plans. 
Sec. 403. Senior executive onboarding programs. 
Sec. 404. Senior Executive Service rotation programs. 
Sec. 405. Effective date. 
TITLE V—SENIOR EXECUTIVE SERVICE DIVERSITY ASSURANCE 
Sec. 501. Career appointments. 
Sec. 502. Encouraging a more diverse Senior Executive Service. 
TITLE I—RESTORATION OF 
CAREER LEADERSHIP 
SEC. 101. SENIOR EXECUTIVE SERVICE AGENCY APPOINT-
MENTS. 
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: 
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‘‘(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 Serv-
ice positions at the start of each fiscal year, not total au-
thorized positions.’’; 
(2) in subsection (d)(1), by striking ‘‘25 per-
cent’’ and inserting ‘‘15 percent’’; 
(3) by redesignating subsection (e) as sub-
section (f); and 
(4) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) The total number of Senior Executive Service 
positions used to determine the 15-percent limitation 
under subsection (d)(1) for available positions for non-
career 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 fol-
lowing: 
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‘‘§ 1403. Career reserved position designation for cer-
tain administrative or management posi-
tions 
‘‘(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 as-
sistant secretary for administration or management. 
‘‘(2) Each agency assistant secretary for administra-
tion or management, or incumbent of a comparable posi-
tion, 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 Execu-
tive 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 assist-
ant secretary or in any comparable position in an agency 
described under subsection (a) is not a career appointee 
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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 offi-
cer 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 oc-
cupational 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 relat-
ing to section 1402 the following: 
‘‘Sec. 1403. Career reserved position designation for certain administrative or 
management positions.’’. 
(c) REGULATIONS.—The Office of Personnel Man-
agement shall prescribe regulations to carry out this sec-
tion. 
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TITLE 
II—SENIOR 
EXECUTIVE 
SERVICE 
SELECTION 
AND 
HIRING 
SEC. 201. POSITION ASSESSMENT. 
(a) IN GENERAL.—When a position becomes vacant, 
each agency shall evaluate the position to determine the 
skills and qualifications necessary for the position. 
(b) ACTIONS TO BE TAKEN IF REQUIREMENTS NOT 
MET.— 
(1) RECLASSIFICATION.—If the position is 
found not to meet the requirements of section 
3132(a)(2) of title 5, United States Code, it should 
be reclassified as a Senior Leader or Senior Tech-
nical position. 
(2) INCREASED
ALLOCATION.—The Office of 
Personnel Management shall increase the allocation 
of Senior Leader and Senior Technical positions to 
support the proper classification of positions. 
SEC. 202. APPLICATION PROCESS AND NOTIFICATION RE-
QUIREMENTS. 
(a) APPLICATION PROCESS.—Not later than 180 
days after the date of enactment of this Act, the head of 
each agency shall, in consultation with the Office of Per-
sonnel Management and the Office of Management and 
Budget, ensure that processes are implemented— 
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(1) to ensure that positions that are on the an-
nouncements of vacant positions are open for a rea-
sonable period of time, as determined by the head of 
the agency, to afford time for applicants from di-
verse backgrounds to submit an application; 
(2) to allow applicants to submit a cover letter, 
resume, and answers to brief questions, such as 
questions relating to United States citizenship and 
veterans status, to complete an initial application; 
(3) to ensure that lengthy written Executive 
Core Qualification narratives are not required as 
part of an initial application; 
(4) to ensure that the submission of additional 
material in support of an application is not required, 
unless necessary to complete the hiring process; and 
(5) to include the hiring manager in all parts 
of the hiring process, including— 
(A) determining skills, competencies, and 
job responsibilities; 
(B) targeted recruitment; 
(C) drafting the announcement of the va-
cant position; 
(D) review of the initial applications; 
(E) interviewing the applicants; and 
(F) the final decisionmaking process. 
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(b) NOTIFICATION REQUIREMENTS.— 
(1) IN
GENERAL.—The head of each agency 
shall ensure that there are mechanisms under which 
each applicant for a vacant position shall receive 
timely notification of the status of such application 
or provide the applicant the ability to check on the 
status of such application. 
(2) APPLICANTS NOT SELECTED.—The agency 
shall provide notification to any applicant who is not 
offered employment, to the effect that the position 
sought by such applicant is no longer open, not later 
than 10 business days after the date on which— 
(A) a candidate has accepted an offer of 
employment; or 
(B) the announcement of the vacant posi-
tion has been cancelled. 
SEC. 203. CANDIDATE DEVELOPMENT PROGRAMS. 
(a) IN GENERAL.—Agencies shall take steps to 
strengthen Candidate Development Programs to prepare 
aspiring leaders for the Senior Executive Service. 
(b) SUCCESSION PLANS.—Agencies shall align Can-
didate Development Programs with agency succession 
plans to ensure an adequate pipeline of qualified individ-
uals who are well prepared for positions in the Senior Ex-
ecutive Service. 
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(c) ROTATIONAL
EXPERIENCE.—To improve the 
quality of the rotational experience, agencies shall— 
(1) involve executive advocates and coaches in 
advising, selecting and securing rotational assign-
ments for participants; 
(2) establish rotational onboarding programs to 
ease the cultural transition; 
(3) expand the minimum length of rotation to 
180 days to ensure an opportunity to accomplish re-
sults; 
(4) design Candidate Development Program ro-
tations that provide executive level responsibility; 
and 
(5) provide reorientation for Candidate Devel-
opment Program participants when they return to 
their home position. 
(d) MENTORS.—Agencies shall assign mentors at the 
time of program selection for the duration of the Can-
didate Development Program. 
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TITLE III—SENIOR EXECUTIVE 
SERVICE PAY AND PERFORM-
ANCE 
MANAGEMENT 
IM-
PROVEMENT 
SEC. 301. ANNUAL ADJUSTMENT FOR SENIOR EXECUTIVES 
AND OTHER SENIOR EMPLOYEES AT THE 
FULLY SUCCESSFUL LEVEL OR HIGHER. 
(a) PROHIBITION
ON QUOTAS
AND FORCED DIS-
TRIBUTIONS.—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 any quota 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 be-
ginning 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 ad-
justed, 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 adjust-
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ment in rates of pay authorized by sections 5303 and 
5304. 
‘‘(B) Subject to paragraph (1), subparagraph (A) 
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 sec-
tion.’’. 
(c) SETTING
SENIOR
EXECUTIVE
PAY.—Section 
5383 of title 5, United States Code, is amended by strik-
ing subsection (c) and inserting the following: 
‘‘(c)(1) Effective at the beginning of the first applica-
ble pay period commencing on or after the first day of 
the month in which an adjustment takes effect under sec-
tions 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 suc-
cessful 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. 
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‘‘(3) This subsection shall comply with any require-
ment established under section 5382. 
‘‘(4) Except as provided under paragraph (3), this 
subsection shall not limit the head of an agency from au-
thorizing an annual adjustment that is greater than the 
amount provided for in this section.’’. 
(d) SETTING INDIVIDUAL SENIOR-LEVEL PAY.—Sec-
tion 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 ap-
pointee’ means— 
‘‘(i) an appointee to a senior level position de-
scribed under section 5376(a)(1) or (2); or 
‘‘(ii) an appointee to the FBI–DEA Senior Ex-
ecutive Service established under section 3151. 
‘‘(B) Paragraphs (1) and (2) shall apply to covered 
appointees— 
‘‘(i) by substituting ‘covered appointee’ for ‘ca-
reer appointee’; and 
‘‘(ii) by substituting ‘a career position as a cov-
ered appointee’ for ‘a career reserved position in the 
Senior Executive Service’.’’. 
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SEC. 
302. 
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 fol-
lowing: 
‘‘(I) with respect to a member of the Sen-
ior 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 estab-
lished under section 3151, and senior level posi-
tions compensated under section 5376— 
‘‘(i) agency awards under section 
4503; 
‘‘(ii) performance awards under sec-
tion 4505a; 
‘‘(iii) bonuses under section 5754; and 
‘‘(iv) bonuses under section 5753;’’. 
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(b) APPLICATION.—The amendments made by this 
section shall apply only to bonuses and awards granted 
to an employee after the date of enactment of this Act. 
SEC. 303. CERTIFICATION OF AGENCY PERFORMANCE AP-
PRAISAL 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 ex-
ceed 24 months’’ and inserting ‘‘of 36 months’’; 
(3) in subparagraph (C), by striking ‘‘, with the 
concurrence of the Office of Management and Budg-
et’’; 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 agen-
cy 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 
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changes to that agency’s performance appraisal system 
without approval from the Office of Personnel Manage-
ment. 
‘‘(ii) The Office of Personnel Management shall re-
view annual performance plans to ensure agency compli-
ance and implementation. 
‘‘(F) The termination of certification during the cer-
tification 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 cor-
rective action.’’. 
SEC. 304. 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 per-
formance, a written explanation providing reasons for the 
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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 after the pe-
riod the following: ‘‘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.’’; and 
(3) by adding at the end the following: 
‘‘(6)(A)(i) Each agency having 10 or more career ap-
pointees shall annually publish on the agency Web site the 
overall number of ratings awarded to members of the Sen-
ior Executive Service at each performance rating level, in-
cluding— 
‘‘(I) the average overall salary adjustment 
at each level; 
‘‘(II) the minimum and maximum adjust-
ment at each level; 
‘‘(III) the percentage of senior executives 
at each rating level who received the minimum 
and maximum salary adjustment; and 
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‘‘(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 agen-
cy Web site an internal plan which describes a system for 
determining Senior Executive Service salary and bonus 
amounts.’’. 
SEC. 305. 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 fol-
lowing: 
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‘‘§ 4315. Survey on the transparency of Senior Execu-
tive 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 com-
pensation 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 perform-
ance management and pay. 
‘‘Sec. 4316. Regulations.’’. 
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SEC. 306. PERFORMANCE PLANS. 
Each agency shall incorporate in its executive per-
formance plans an objective for holding executives ac-
countable for addressing employee satisfaction. 
SEC. 307. EFFECTIVE DATES. 
(a) IN GENERAL.—Except as provided under sub-
section (b), the amendments made by this title shall take 
effect 180 days after the date of enactment of this Act. 
(b) CERTIFICATION OF AGENCY PERFORMANCE AP-
PRAISAL SYSTEMS.—The amendments made by section 
304 shall take effect on the date of enactment of this Act. 
TITLE 
IV—SENIOR 
EXECUTIVE 
SERVICE CAREER DEVELOP-
MENT 
SEC. 401. 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 
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(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 Of-
fice shall be— 
(1) to improve the efficiency, effectiveness, and 
productivity of the Senior Executive Service through 
policy formulation and oversight; 
(2) to advance the professionalism of the Senior 
Executive Service; and 
(3) to seek to achieve a Senior Executive Serv-
ice reflective of the Nation’s diversity. 
(d) FUNCTIONS.— 
(1) IN GENERAL.—The functions of the SES 
Resource Office are— 
(A) to make recommendations to the Di-
rector with respect to regulations; and 
(B) to provide guidance to agencies con-
cerning the structure, management, and diverse 
composition of the Senior Executive Service. 
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(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 pro-
mote an efficient, elite, and diverse corps of 
senior executives by providing oversight of the 
onboarding, performance, structure, composi-
tion, and candidate development of the Senior 
Executive Service, including the Senior Execu-
tive Service Federal Candidate Development 
Program; 
(B) be responsible for coordinating, pro-
moting, and monitoring programs for the ad-
vancement and training of senior executives, in-
cluding mentoring programs; 
(C) be responsible for the policy develop-
ment, management, and oversight of the Senior 
Executive Service pay and performance man-
agement system; 
(D) develop standards for certification of 
each agency’s Senior Executive Service per-
formance management system and evaluate all 
agency applications for certification; 
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