IIB 
110TH CONGRESS 
2D SESSION 
H. R. 3774 
IN THE SENATE OF THE UNITED STATES 
JUNE 4, 2008 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
AN ACT 
To provide for greater diversity within, and to improve policy 
direction and oversight of, the Senior Executive Service. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Senior Executive Serv-
ice Diversity Assurance Act’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) according to the Government Accountability 
Office— 
(A) minorities made up 22.5 percent of the 
individuals serving at the GS–15 and GS–14 
levels and 15.8 percent of the Senior Executive 
Service in 2007; 
(B) women made up 34.3 percent of the 
individuals serving at the GS–15 and GS–14 
levels and 29.1 percent of the Senior Executive 
Service in 2007; and 
(C) although the number of career Senior 
Executive Service members increased from 
6,110 in 2,000 to 6,555 in 2007, the represen-
tation of African-American men in the career 
Senior Executive Service declined during that 
same period from 5.5 percent to 5.0 percent; 
and 
(2) according to the Office of Personnel Man-
agement— 
(A) black employees represented 6.1 per-
cent of employees at the Senior Pay levels and 
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17.8 percent of the permanent Federal work-
force compared to 10.1 percent in the civilian 
labor force in 2007; 
(B) Hispanic employees represented 4.0 
percent of employees at the Senior Pay levels 
and 7.8 percent of the permanent Federal 
workforce compared to 13.3 percent of the civil-
ian labor force in 2007; and 
(C) women represented 28.2 percent of 
employees at the Senior Pay levels and 43.9 
percent of the permanent Federal workforce 
compared to 45.7 percent of the civilian labor 
force in 2007. 
SEC. 3. DEFINITIONS. 
For purposes of this Act— 
(1) the term ‘‘Director’’ means the Director of 
the Office of Personnel Management; 
(2) the term ‘‘Senior Executive Service’’ has the 
meaning given such term by section 2101a of title 
5, United States Code; 
(3) the terms ‘‘agency’’, ‘‘career appointee’’, 
and ‘‘career reserved position’’ have the meanings 
given them by 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, estab-
lished under section 4. 
SEC. 4. SENIOR EXECUTIVE SERVICE RESOURCE OFFICE. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of the enactment of this Act, the Director shall 
establish within the Office of Personnel Management an 
office to be known as the Senior Executive Service Re-
source Office. The mission of the SES Resource Office 
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 ensure that, in seeking to achieve a Sen-
ior Executive Service reflective of the Nation’s diver-
sity, recruitment is from qualified individuals from 
appropriate sources. 
(b) FUNCTIONS.—It shall be the function of the SES 
Resource Office to make recommendations to the Director 
with respect to regulations, and to provide guidance to 
agencies, concerning the structure, management, and di-
verse composition of the Senior Executive Service. In 
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order to carry out the purposes of this section, the SES 
Resource Office shall— 
(1) take such actions as the SES Resource Of-
fice considers necessary to manage and promote an 
efficient, elite, and diverse corps of senior executives 
by— 
(A) creating policies for the management 
and improvement of the Senior Executive Serv-
ice; 
(B) providing oversight of the perform-
ance, structure, and composition of the Senior 
Executive Service; and 
(C) providing guidance and oversight to 
agencies in the management of senior executives 
and candidates for the Senior Executive Serv-
ice; 
(2) be responsible for the policy development, 
management, and oversight of the Senior Executive 
Service pay system; 
(3) develop standards for certification of each 
agency’s Senior Executive Service performance man-
agement system and evaluate all agency applications 
for certification; 
(4) be responsible for developing and moni-
toring programs for the advancement and training of 
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senior executives, including the Senior Executive 
Service Federal Candidate Development Program; 
(5) provide oversight of, and guidance to, agen-
cy executive resources boards; 
(6) be responsible for the administration of the 
qualifications review board; 
(7) establish and maintain annual statistics (in 
a form that renders them useful to appointing au-
thorities and candidates) on— 
(A) the total number of career reserved po-
sitions at each agency; 
(B) the total number of vacant career re-
served positions at each agency; 
(C) of the positions under subparagraph 
(B), the number for which candidates are being 
sought; 
(D) 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 individ-
uals with disabilities; 
(E) the composition of the Senior Execu-
tive Service with regard to race, ethnicity, sex, 
age, and individuals with disabilities; 
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