S.Amdt. 1235
What it does: Adds TITLE ___--INTERAGENCY PERSONNEL ROTATIONS wherever appropriateWhat it changes
1 change to S. 1867
Adds TITLE ___--INTERAGENCY PERSONNEL ROTATIONS wherever appropriate
Adds a titleInserted: TITLE ___--INTERAGENCY PERSONNEL ROTATIONS
Inserted: SEC. __01. SHORT TITLE.
Inserted: This title may be cited as the "Interagency Personnel Rotation Act of 2011".
Inserted: SEC. __02. FINDING AND PURPOSE.
Inserted: (a) Finding.--Congress finds that the national security and homeland security challenges of the 21st century require that executive branch personnel use a whole-of-Government approach in order for the United States Government to operate in the most effective and efficient manner.
Inserted: (b) Purpose.--The purpose of this title is to increase the efficiency and effectiveness of the Government by fostering greater interagency experience among executive branch personnel on national security and homeland security matters involving more than 1 agency.
Inserted: SEC. __03. DEFINITIONS.
Inserted: In this title:
Inserted: (1) Agency.--The term "agency" has the meaning given the term "Executive agency" under section 105 of title 5, United States Code.
Inserted: (2) Committee.--The term "Committee" means the Committee on National Security Personnel established under section __04(a).
Inserted: (3) Covered agency.--The term "covered agency" means an agency that is part of an ICI.
Inserted: (4) ICI.--The term "ICI" means a National Security Interagency Community of Interest identified by the Committee under section __05(a).
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Inserted: (5) ICI position.--The term "ICI position"--
Inserted: (A) means--
Inserted: (i) a position that--
Inserted: (I) is identified by the head of a covered agency as a position within the covered agency that has significant responsibility for the subject area of the ICI in which the position is located and for activities that involve more than 1 agency;
Inserted: (II) is a position in the civil service (as defined in section 2101(1) of title 5, United States Code) in the executive branch of the Government (including a position in the Foreign Service) at or above GS-11 of the General Schedule or at a level of responsibility comparable to a position at or above GS-11 of the General Schedule; and
Inserted: (III) is a position within an ICI; or
Inserted: (ii) a position in an interagency body identified as an ICI position under section __05(c)(2)(A); and
Inserted: (B) shall not include--
Inserted: (i) any position described under paragraph (10)(A) or (C); or
Inserted: (ii) any position filled by an employee described under paragraph (10)(B).
Inserted: (6) Intelligence community.--The term "intelligence community" has the meaning given under section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).
Inserted: (7) Interagency body.--The term "interagency body" means an entity or component identified under section __05(c)(1).
Inserted: (8) Interagency rotational service.--The term "interagency rotational service" means service by an employee in--
Inserted: (A) an ICI position that is--
Inserted: (i) in--
Inserted: (I) a covered agency other than the covered agency employing the employee; or
Inserted: (II) an interagency body, without regard to whether the employee is employed by the agency in which the interagency body is located; and
Inserted: (ii) in the same ICI as the position in which the employee serves or has served before serving in that ICI position; or
Inserted: (B) in a position in an interagency body identified under section __05(c)(2)(B).
Inserted: (9) National security interagency community of interest.--The term "National Security Interagency Community of Interest" means the positions in the executive branch of the Government that--
Inserted: (A) as a group are positions within multiple agencies of the executive branch of the Government; and
Inserted: (B) have significant responsibility for the same substantive, functional, or regional subject area related to national security or homeland security that requires integration of the positions and activities in that area across multiple agencies to ensure that the executive branch of the Government operates as a single, cohesive enterprise to maximize mission success and minimize cost.
Inserted: (10) Political appointee.--The term "political appointee" means an individual who--
Inserted: (A) is employed in a position described under sections 5312 through 5316 of title 5, United States Code, (relating to the Executive Schedule);
Inserted: (B) is a noncareer appointee in the Senior Executive Service, as defined under paragraph (7) of section 3132(a) of title 5, United States Code; or
Inserted: (C) is employed in a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations.
Inserted: (11) Senior position.--The term "senior position" means--
Inserted: (A) a Senior Executive Service position, as defined in section 3132(a)(2) of title 5, United States Code;
Inserted: (B) a position in the Senior Foreign Service established under the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.);
Inserted: (C) a position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service established under section 3151 of title 5, United States Code;
Inserted: (D) a position filled by a limited term appointee or limited emergency appointee in the Senior Executive Service, as defined under paragraphs (5) and (6), respectively, of section 3132(a) of title 5, United States Code; and
Inserted: (E) any other equivalent position identified by the Committee.
Inserted: SEC. __04. COMMITTEE ON NATIONAL SECURITY PERSONNEL.
Inserted: (a) Establishment.--There is established the Committee on National Security Personnel within the Executive Office of the President.
Inserted: (b) Membership.--The members of the Committee shall be the Director of the Office of Management and Budget, the Director of the Office of Personnel Management, and the Assistant to the President for National Security Affairs.
Inserted: (c) Chairperson.--The Director of the Office of Management and Budget shall be the Chairperson of the Committee.
Inserted: (d) Functions.--
Inserted: (1) In general.--The Committee shall perform the functions as provided under this title to implement this title and shall validate the actions taken by the heads of covered agencies to implement the directives issued and meet the standards established under paragraph (2).
Inserted: (2) Directives and standards.--
Inserted: (A) In general.--In consultation with the Director of the Office of Personnel Management and the Assistant to the President for National Security Affairs, the Director of the Office of Management and Budget shall issue directives and establish standards relating to the implementation of this title.
Inserted: (B) Use by covered agencies.--The head of each covered agency shall carry out the responsibilities under this title in accordance with the directives issued and standards established by the Director of the Office of Management and Budget.
Inserted: (e) Support and Implementation.--
Inserted: (1) Board.--There is established a board to assist the Committee, which shall be composed of 1 designee (who shall be serving in an Executive Schedule position at level III) selected by--
Inserted: (A) the Secretary of State;
Inserted: (B) the Secretary of Defense;
Inserted: (C) the Secretary of Homeland Security;
Inserted: (D) the Attorney General;
Inserted: (E) the Secretary of the Treasury;
Inserted: (F) the Secretary of Energy;
Inserted: (G) the Secretary of Health and Human Services;
Inserted: (H) the Secretary of Commerce;
Inserted: (I) the Director of National Intelligence; and
Inserted: (J) the head of any other agency determined appropriate by the Committee.
Inserted: (2) Chief human capital officers council.--The Chief Human Capital Officers Council shall provide advice to the Committee regarding technical human capital issues.
Inserted: (3) Covered agency officials.--
Inserted: (A) In general.--The head of each covered agency shall designate an officer and office within that covered agency with responsibility for the implementation of this title.
Inserted: (B) Existing offices.--If an officer or office of a covered agency is designated as the officer or office within the covered agency with responsibility for the implementation of Executive Order 13434 for the covered agency on the date of enactment of this Act, the head of the covered agency shall designate the officer or office as the officer or office within the covered agency with responsibility for the implementation of this title.
Inserted: (4) Staff.--
Inserted: (A) In general.--Not more than 3 full-time equivalent employees may be hired to assist the Committee in implementation of this title, who may be employees of the Office of Management and Budget or the Office of Personnel Management. Any employee transferred under subparagraph (B)(ii)(II) shall be deemed to be an employee hired for purposes of the authorization under this subparagraph.
Inserted: (B) Funding.--
Inserted: (i) Authorization of appropriations.--There are authorized to be appropriated for each of fiscal years 2012 through 2016 to carry out subparagraph (A) an amount equal to the amount expended for salaries and expenses of the National Security Professional Development Integration Office during fiscal year 2011.
Inserted: (ii) Offset.--
Inserted: (I) In general.--Except as provided in paragraph (3)(B), effective on the date of enactment of this Act, the National Security Professional Development Integration Office of the Department of Defense is terminated and, on and after the date of enactment of this Act, the Secretary of Defense may not establish a comparable office to implement Executive Order 13434 or to design, administer, or report on the creation of a national security professional development system, cadre of national security professionals, or any personnel rotations, education, or training for individuals involved in interagency activities or who are national security professionals who are not employed by the Department of Defense. Nothing in this subclause shall be construed to prohibit the Secretary of Defense from establishing or designating an office to administer interagency rotations by, or the interagency activities of, employees of the Department of Defense.
Inserted: (II) Transfer of functions.--Effective on the date of enactment of this Act, there are transferred to the Office of Management and Budget or the Office of Personnel Management, as determined appropriate by the Committee, the functions of the National Security Professional Development Integration Office of the Department of Defense.
Inserted: (III) Funds.--Effective on the date of enactment of this Act, all unobligated balances made available for the activities of the National Security Professional Development Integration Office of the Department of Defense are rescinded.
Inserted: SEC. __05. NATIONAL SECURITY INTERAGENCY COMMUNITIES OF INTEREST.
Inserted: (a) Identification of ICIs.--Subject to section __08, the Committee--
Inserted: (1) shall identify ICIs on an ongoing basis for purposes of carrying out this title; and
Inserted: (2) may alter or discontinue an ICI identified under paragraph (1).
Inserted: (b) Identification of ICI Positions.--The head of each covered agency shall identify ICI positions within the covered agency.
Inserted: (c) Interagency Bodies.--
Inserted: (1) Identification.--
Inserted: (A) In general.--The Committee shall identify--
Inserted: (i) entities in the executive branch of the Government that are primarily involved in interagency activities relating to national security or homeland security; and
Inserted: (ii) components of agencies that are primarily involved in interagency activities relating to national security or homeland security and have a mission distinct from the agency within which the component is located.
Inserted: (B) Certain bodies.--
Inserted: (i) In general.--The Committee shall identify the National Security Council and the Directorate of Strategic Operational Planning of the National Counterterrorism Center as interagency bodies under this paragraph.
Inserted: (ii) FBI rotations.--Joint Terrorism Task Forces shall not be considered interagency bodies for purposes of service by employees of the Federal Bureau of Investigation.
Inserted: (C) Duties of head of covered agency.--The Committee shall designate the Federal officer who shall perform the duties of the head of a covered agency relating to ICI positions within an interagency body.
Inserted: (2) Positions in interagency bodies.--The officials designated under paragraph (1)(C) shall identify--
Inserted: (A) positions within their respective interagency bodies that are ICI positions; and
Inserted: (B) positions within their respective interagency bodies--
Inserted: (i) that are not a position described under section __03(10)(A) or (C) or a position filled by an employee described under section __03(10)(B); and
Inserted: (ii) for which service in the position shall constitute interagency rotational service.
Inserted: SEC. __06. INTERAGENCY COMMUNITY OF INTEREST ROTATIONAL SERVICE.
Inserted: (a) Exclusion of Senior Positions.--For purposes of this section, the term "ICI position" does not include a senior position.
Inserted: (b) Rotations.--
Inserted: (1) In general.--The Committee shall provide for employees serving in an ICI position to be assigned on a rotational basis to another ICI position that is--
Inserted: (A) within another covered agency or within an interagency body; and
Inserted: (B) within the same ICI.
Inserted: (2) Exception.--An employee may be assigned to an ICI position in another covered agency or in an interagency body that is not in the ICI applicable to an ICI position in which the employee serves or has served if--
Inserted: (A) the employee has particular nongovernmental or other expertise or skills that are relevant to the assigned ICI position; and
Inserted: (B) the head of the covered agency employing the employee, the head of the covered agency to which the assignment is made, and the Committee approve the assignment.
Inserted: (3) Nonreimbursable basis.--Service by an employee in an ICI position in another covered agency or in an interagency body that is not within the agency employing the employee shall be performed without reimbursement.
Inserted: (4) Return to prior position.--Except as provided otherwise by the Committee, an employee performing service in an ICI position in another covered agency or interagency body or in a position designated under section __05(c)(2)(B) shall be entitled to return to the position held by the employee in the covered agency employing the employee within a reasonable period of time after the end of the period of service.
Inserted: (c) Selection of ICI Positions Open for Rotational Service.--
Inserted: (1) In general.--The head of each covered agency shall determine which ICI positions in the covered agency shall be available for service by employees from another covered agency and may modify a determination under this paragraph.
Inserted: (2) List.--The Committee shall maintain a single, integrated list of ICI positions and of positions available for service by employees from another covered agency under this section and shall make the list available to Federal employees on an ongoing basis in order to facilitate applications for the positions and long-term career planning by employees of the executive branch of the Government, except to the extent that the Committee determines that the identity of certain positions should not be distributed in order to protect national security or homeland security.
Inserted: (d) Minimum Period for Service.--With respect to the period of service in an ICI position in another covered agency or interagency body, the Committee--
Inserted: (1) shall, notwithstanding any other provision of law, ensure that the period of service is sufficient to gain an adequately detailed understanding and perspective of the covered agency or interagency body at which the employee is assigned;
Inserted: (2) may provide for different periods for service, depending upon the nature of the position, including whether the position is in an area that is a combat zone for purposes of section 112 of the Internal Revenue Code of 1986; and
Inserted: (3) shall require that an employee performing service in an ICI position in another covered agency or interagency body is informed of the period of service for the position before beginning such service.
Inserted: (e) Voluntary Nature of Rotational Service.--
Inserted: (1) In general.--Except as provided in paragraph (2), service in an ICI position in another covered agency or interagency body shall be voluntary by an employee.
Inserted: (2) Authority to assign involuntarily.--If the head of a covered agency has the authority under another provision of law to assign an employee involuntarily to a position and the employee is serving in an ICI position, the head of the covered agency may assign the employee involuntarily to serve in an ICI position in another covered agency or interagency body.
Inserted: (f) Training and Education of Personnel Performing Interagency Rotational Service.--Each employee performing interagency rotational service shall participate in the training and education, if any, that is regularly provided to new employees by the covered agency or interagency body in which the employee is serving in order to learn how the covered agency or interagency body functions.
Inserted: (g) Prevention of Need for Increased Personnel Levels.--The Committee shall ensure that employees are rotated across covered agencies and interagency bodies within an ICI in a manner that ensures that, for the original ICI positions of all employees performing service in an ICI position in another covered agency or interagency body--
Inserted: (1) employees from another covered agency or interagency body who are performing service in an ICI position in another covered agency or interagency body, or other available employees, begin service in such original positions within a reasonable period, at no additional cost to the covered agency or the interagency body in which such original positions are located; or
Inserted: (2) other employees do not need to serve in the positions in order to maintain the effectiveness of or to prevent any costs being accrued by the covered agency or interagency body in which such original positions are located.
Inserted: (h) Open and Fair Competition.--Each covered agency or interagency body that has an ICI position available for service by an employee from another covered agency shall coordinate with the Office of Personnel Management to ensure that employees of covered agencies selected to perform interagency rotational service shall be selected in a fully open and competitive manner that is consistent with the merit system principles set forth in paragraphs (1) and (2) of section 2301(b) of title 5, United States Code, unless the ICI position is otherwise exempt under another provision of law.
Inserted: (i) Personnel Law Matters.--
Inserted: (1) National security exclusion.--The identification of a position as available for service by an employee of another covered agency or as being within an ICI shall not be a basis for an order under section 7103(b) of title 5, United States Code, excluding the covered agency, or a subdivision thereof, in which the position is located from the applicability of chapter 71 of title 5, United States Code.
Inserted: (2) On rotation.--An employee performing interagency rotational service shall have all the rights that would be available to the employee if the employee was detailed or assigned under a provision of law other than this title from the agency employing the employee to the agency in which the ICI position in which the employee is serving is located.
Inserted: (j) Consultation.--The Committee shall consult with relevant associations, unions, and other groups involved in collective bargaining or encouraging public service, organizational reform of the Government, or interagency activities (such as the Simons Center for the Study of Interagency Cooperation of the Command and General Staff College Foundation) in formulating and implementing policies under this title.
Inserted: (k) Officers of the Armed Forces.--The policies, procedures, and practices for the management of officers of the Armed Forces may provide for the assignment of officers of the Armed Forces to ICI positions or positions designated under section __05(c)(2)(B).
Inserted: (l) Performance Appraisals.--The Committee shall--
Inserted: (1) ensure that an employee receives performance evaluations that are based primarily on the contribution of the employee to the work of the covered agency in which the employee is performing service in an ICI position in another covered agency or interagency body and the functioning of the applicable ICI; and
Inserted: (2) require that--
Inserted: (A) officials at the covered agency employing the employee conduct the evaluations based on input from the supervisors of the employee during service in an ICI position in another covered agency or interagency body; and
Inserted: (B) the evaluations shall be provided the same weight in the receipt of promotions and other rewards by the employee from the covered agency employing the employee as performance evaluations receive for other employees of the covered agency.
Inserted: (m) Foreign Service.--Section 607(a) of the Foreign Service Act of 1980 (22 U.S.C. 4007(a)) is amended by adding at the end the following:
Inserted: "(4) At the election of an individual subject to a maximum time in class limitation under this subsection, any period of service in an ICI position (as defined in section __03 of the Interagency Personnel Rotation Act of 2011) that is not within the Department of State shall not be used for purposes of determining the period during which the individual has served in a class.".
Inserted: SEC. __07. SELECTION OF SENIOR POSITIONS IN AN INTERAGENCY COMMUNITY OF INTEREST.
Inserted: (a) Selection of Individuals To Fill Senior Positions Within an ICI.--In selecting individuals to fill senior positions within an ICI, the head of a covered agency shall ensure that a strong preference is given to selecting of personnel who have performed interagency rotational service.
Inserted: (b) Establishment by Heads of Covered Agencies of Minimum Thresholds.--
Inserted: (1) In general.--On October 1 of the second fiscal year after the fiscal year in which the Committee identifies an ICI, and October 1 of each fiscal year thereafter, the head of each covered agency within which 1 or more positions within that ICI are located shall establish the minimum number of that agency's senior positions that are within that ICI that shall be filled by personnel who have performed interagency rotational service.
Inserted: (2) Reporting requirements.--
Inserted: (A) Minimum number of positions.--Not later than 30 days after the date on which all heads of covered agencies have established the minimum number required under paragraph (1) for a fiscal year, the Committee shall submit to Congress a consolidated list of the minimum numbers of senior positions that shall be filled by personnel who have performed interagency rotational service.
Inserted: (B) Failure to meet minimum number.--Not later than 30 days after the end of any fiscal year in which a covered agency fails to meet the minimum number of senior positions to be filled by individuals who have performed interagency rotational service established by the head of the covered agency under paragraph (2), the head of the covered agency shall submit to the Committee and Congress a report identifying the failure and indicating what actions the head of the covered agency has taken or plans to take in response to the failure.
Inserted: (c) Other Rotational Requirements.--
Inserted: (1) Credit for service in another component within an agency.--
Inserted: (A) In general.--Service performed during the first 3 fiscal years after the fiscal year in which an ICI is identified by the Committee by an employee in a rotation to an ICI position in another component of the covered agency that employs the employee that is identified under subparagraph (B) shall constitute interagency rotational service for purposes of this section.
Inserted: (B) Identification of components.--Subject to approval by the Committee, the head of a covered agency may identify the components of the covered agency that are sufficiently independent in functionality for service in a rotation in the component to qualify as service in another component of the covered agency for purposes of subparagraph (A).
Inserted: (2) Intelligence community personnel.--Service performed during the first 3 fiscal years after the fiscal year in which an ICI is identified by the Committee by an employee of a covered agency under any program established before the date of enactment of this title that provides for rotation assignments of employees across the agencies or elements of the intelligence community shall constitute interagency rotational service for purposes of this section.
Inserted: SEC. __08. IMPLEMENTATION.
Inserted: (a) ICIs and ICI Positions.--
Inserted: (1) In general.--During the first 4 fiscal years after the fiscal year in which this Act is enacted--
Inserted: (A) there shall be 2 ICIs, which shall be an ICI for emergency management and an ICI for stabilization and reconstruction; and
Inserted: (B) during each such fiscal year, not less than 20 employees and not more than 25 employees in the executive branch of the Government shall perform service in an ICI position in another covered agency or in an interagency body that is not within the agency employing the employee under this title.
Inserted: (2) Location.--
Inserted: (A) In general.--The Committee shall designate a metropolitan area in which the ICI for emergency management will be located and a metropolitan area in which the ICI for stabilization and reconstruction will be located.
Inserted: (B) Service.--During the first 4 fiscal years after the fiscal year in which this Act is enacted, any service in an ICI position in another covered agency or in an interagency body that is not within the agency employing the employee shall be performed--
Inserted: (i) by an employee who is located in the metropolitan area for the ICI designated under subparagraph (A) before beginning service in the ICI position; and
Inserted: (ii) at a location in the metropolitan area for the ICI designated under subparagraph (A) .
Inserted: (b) Priority for Details.--During the first 4 fiscal years after the fiscal year in which this Act is enacted, a covered agency shall give priority in using amounts available to the covered agency for details to assigning employees on a rotational basis under this title.
Inserted: SEC. __09. STRATEGY AND PERFORMANCE EVALUATION.
Inserted: (a) Issuing of Strategy.--
Inserted: (1) In general.--Not later than October 1 of the third fiscal year after the fiscal year in which this Act is enacted, and every 4 fiscal years thereafter through the eleventh fiscal year after the fiscal year in which this Act is enacted, the Committee shall issue a National Security Human Capital Strategy to develop the national security and homeland security personnel necessary for accomplishing national security and homeland security objectives that require integration of personnel and activities from multiple agencies of the executive branch of the Government.
Inserted: (2) Consultations with congress.--In developing or making adjustments to the National Security Human Capital Strategy issued under paragraph (1), the Committee--
Inserted: (A) shall consult at least annually with Congress, including majority and minority views from all appropriate authorizing, appropriations, and oversight committees; and
Inserted: (B) as the Committee determines appropriate, shall solicit and consider the views and suggestions of entities potentially affected by or interested in the strategy.
Inserted: (3) Contents of strategy.--Each National Security Human Capital Strategy issued under paragraph (1) shall--
Inserted: (A) provide for the implementation of this title;
Inserted: (B) identify best practices from ICIs already in operation;
Inserted: (C) identify any additional ICIs to be identified by the Committee;
Inserted: (D) include a schedule for the issuance of directives and establishment of standards relating to the requirements under this title by the Committee;
Inserted: (E) include a description of how the strategy incorporates views and suggestions obtained through the consultations with Congress required under paragraph (2);
Inserted: (F) include an assessment of performance measures over a multi-year period, such as--
Inserted: (i) the percentage of ICI positions available for service by employees from another covered agency for which such employees performed such service;
Inserted: (ii) the number of personnel participating in interagency rotational service in each covered agency and interagency body;
Inserted: (iii) the length of interagency rotational service under this title;
Inserted: (iv) reports by the heads of covered agencies submitted under section __07(b)(2)(B);
Inserted: (v) the training and education of personnel who perform interagency rotational service, and the evaluation by the Committee of the training and education;
Inserted: (vi) the positions (including grade level) held by employees who perform interagency rotational service during the period beginning on the date on which the interagency rotational service terminates and ending on the date of the assessment; and
Inserted: (vii) to the extent possible, the evaluation of the Committee of the utility of interagency rotational service in improving interagency integration.
Inserted: (b) Reports.--Not later than October 1 of the second fiscal year after a fiscal year in which the Committee issues a National Security Human Capital Strategy under subsection (a), the Committee shall assess the performance measures described in subsection (a)(3)(F).
Inserted: (c) Submission to Congress.--Not later than 30 days after the date on which the Committee issues a National Security Human Capital Strategy under subsection (a) or assesses performance measures under subsection (b), the Committee shall submit the strategy or assessment to Congress.
Inserted: SEC. __10. GAO STUDY OF INTERAGENCY ROTATIONAL SERVICE.
Inserted: Not later than the end of the second fiscal year after the fiscal year in which this Act is enacted, the Comptroller General of the United States shall submit to Congress a report regarding--
Inserted: (1) the extent to which performing service in an ICI position in another covered agency or an interagency body under this title enabled the employees performing the service to gain an adequately detailed understanding of and perspective on the covered agency or interagency body, including an assessment of the effect of--
Inserted: (A) the period of the service; and
Inserted: (B) the duties performed by the employees during the service;
Inserted: (2) the effectiveness of the Committee and the staff of the Committee funded under section __04(e)(4)(B) in overseeing and managing interagency rotational service under this title, including an evaluation of any directives or standards issued by the Committee;
Inserted: (3) the participation of covered agencies in interagency rotational service under this title, including whether each covered agency that performs a mission relating to an ICI in effect--
Inserted: (A) identified positions within the covered agency as ICI positions;
Inserted: (B) had 1 or more employees from another covered agency perform service in an ICI position in the covered agency; or
Inserted: (C) had 1 or more employees of the covered agency perform service in an ICI position in another covered agency;
Inserted: (4) the positions (including grade level) held by employees after completing interagency rotational service under this title, and the extent to which the employees were rewarded for the service; and
Inserted: (5) the extent to which or likelihood that interagency rotational service under this title has improved or is projected to improve interagency integration.
Inserted: SEC. __11. PROHIBITION OF PRINTED REPORTS.
Inserted: Each strategy, plan, report, or other submission required under this title--
Inserted: (1) shall be made available by the agency issuing the strategy, plan, report, or other submission only in electronic form; and
Inserted: (2) shall not be made available by the agency in printed form.
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Original wording
At the appropriate place, insert the following:
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As printed
SA 1235. Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Akaka, and Mr. Lugar) submitted an amendment intended to be proposed by him to the bill S. 1867, to authorize appropriations for fiscal year 2012 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE ___--INTERAGENCY PERSONNEL ROTATIONS
SEC. __01. SHORT TITLE.
This title may be cited as the “Interagency Personnel Rotation Act of 2011”.
SEC. __02. FINDING AND PURPOSE.
(a) Finding.--Congress finds that the national security and homeland security challenges of the 21st century require that executive branch personnel use a whole-of-Government approach in order for the United States Government to operate in the most effective and efficient manner.
(b) Purpose.--The purpose of this title is to increase the efficiency and effectiveness of the Government by fostering greater interagency experience among executive branch personnel on national security and homeland security matters involving more than 1 agency.
SEC. __03. DEFINITIONS.
In this title:
(1) Agency.--The term “agency” has the meaning given the term “Executive agency” under section 105 of title 5, United States Code.
(2) Committee.--The term “Committee” means the Committee on National Security Personnel established under section __04(a).
(3) Covered agency.--The term “covered agency” means an agency that is part of an ICI.
(4) ICI.--The term “ICI” means a National Security Interagency Community of Interest identified by the Committee under section __05(a).
(5) ICI position.--The term “ICI position”--
(A) means--
(i) a position that--
(I) is identified by the head of a covered agency as a position within the covered agency that has significant responsibility for the subject area of the ICI in which the position is located and for activities that involve more than 1 agency;
(II) is a position in the civil service (as defined in section 2101(1) of title 5, United States Code) in the executive branch of the Government (including a position in the Foreign Service) at or above GS-11 of the General Schedule or at a level of responsibility comparable to a position at or above GS-11 of the General Schedule; and
(III) is a position within an ICI; or
(ii) a position in an interagency body identified as an ICI position under section __05(c)(2)(A); and
(B) shall not include--
(i) any position described under paragraph (10)(A) or (C); or
(ii) any position filled by an employee described under paragraph (10)(B).
(6) Intelligence community.--The term “intelligence community” has the meaning given under section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).
(7) Interagency body.--The term “interagency body” means an entity or component identified under section __05(c)(1).
(8) Interagency rotational service.--The term “interagency rotational service” means service by an employee in--
(A) an ICI position that is--
(i) in--
(I) a covered agency other than the covered agency employing the employee; or
(II) an interagency body, without regard to whether the employee is employed by the agency in which the interagency body is located; and
(ii) in the same ICI as the position in which the employee serves or has served before serving in that ICI position; or
(B) in a position in an interagency body identified under section __05(c)(2)(B).
(9) National security interagency community of interest.--The term “National Security Interagency Community of Interest” means the positions in the executive branch of the Government that--
(A) as a group are positions within multiple agencies of the executive branch of the Government; and
(B) have significant responsibility for the same substantive, functional, or regional subject area related to national security or homeland security that requires integration of the positions and activities in that area across multiple agencies to ensure that the executive branch of the Government operates as a single, cohesive enterprise to maximize mission success and minimize cost.
(10) Political appointee.--The term “political appointee” means an individual who--
(A) is employed in a position described under sections 5312 through 5316 of title 5, United States Code, (relating to the Executive Schedule);
(B) is a noncareer appointee in the Senior Executive Service, as defined under paragraph (7) of section 3132(a) of title 5, United States Code; or
(C) is employed in a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations.
(11) Senior position.--The term “senior position” means--
(A) a Senior Executive Service position, as defined in section 3132(a)(2) of title 5, United States Code;
(B) a position in the Senior Foreign Service established under the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.);
(C) a position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service established under section 3151 of title 5, United States Code;
(D) a position filled by a limited term appointee or limited emergency appointee in the Senior Executive Service, as defined under paragraphs (5) and (6), respectively, of section 3132(a) of title 5, United States Code; and
(E) any other equivalent position identified by the Committee.
SEC. __04. COMMITTEE ON NATIONAL SECURITY PERSONNEL.
(a) Establishment.--There is established the Committee on National Security Personnel within the Executive Office of the President.
(b) Membership.--The members of the Committee shall be the Director of the Office of Management and Budget, the Director of the Office of Personnel Management, and the Assistant to the President for National Security Affairs.
(c) Chairperson.--The Director of the Office of Management and Budget shall be the Chairperson of the Committee.
(d) Functions.--
(1) In general.--The Committee shall perform the functions as provided under this title to implement this title and shall validate the actions taken by the heads of covered agencies to implement the directives issued and meet the standards established under paragraph (2).
(2) Directives and standards.--
(A) In general.--In consultation with the Director of the Office of Personnel Management and the Assistant to the President for National Security Affairs, the Director of the Office of Management and Budget shall issue directives and establish standards relating to the implementation of this title.
(B) Use by covered agencies.--The head of each covered agency shall carry out the responsibilities under this title in accordance with the directives issued and standards established by the Director of the Office of Management and Budget.
(e) Support and Implementation.--
(1) Board.--There is established a board to assist the Committee, which shall be composed of 1 designee (who shall be serving in an Executive Schedule position at level III) selected by--
(A) the Secretary of State;
(B) the Secretary of Defense;
(C) the Secretary of Homeland Security;
(D) the Attorney General;
(E) the Secretary of the Treasury;
(F) the Secretary of Energy;
(G) the Secretary of Health and Human Services;
(H) the Secretary of Commerce;
(I) the Director of National Intelligence; and
(J) the head of any other agency determined appropriate by the Committee.
(2) Chief human capital officers council.--The Chief Human Capital Officers Council shall provide advice to the Committee regarding technical human capital issues.
(3) Covered agency officials.--
(A) In general.--The head of each covered agency shall designate an officer and office within that covered agency with responsibility for the implementation of this title.
(B) Existing offices.--If an officer or office of a covered agency is designated as the officer or office within the covered agency with responsibility for the implementation of Executive Order 13434 for the covered agency on the date of enactment of this Act, the head of the covered agency shall designate the officer or office as the officer or office within the covered agency with responsibility for the implementation of this title.
(4) Staff.--
(A) In general.--Not more than 3 full-time equivalent employees may be hired to assist the Committee in implementation of this title, who may be employees of the Office of Management and Budget or the Office of Personnel Management. Any employee transferred under subparagraph (B)(ii)(II) shall be deemed to be an employee hired for purposes of the authorization under this subparagraph.
(B) Funding.--
(i) Authorization of appropriations.--There are authorized to be appropriated for each of fiscal years 2012 through 2016 to carry out subparagraph (A) an amount equal to the amount expended for salaries and expenses of the National Security Professional Development Integration Office during fiscal year 2011.
(ii) Offset.--
(I) In general.--Except as provided in paragraph (3)(B), effective on the date of enactment of this Act, the National Security Professional Development Integration Office of the Department of Defense is terminated and, on and after the date of enactment of this Act, the Secretary of Defense may not establish a comparable office to implement Executive Order 13434 or to design, administer, or report on the creation of a national security professional development system, cadre of national security professionals, or any personnel rotations, education, or training for individuals involved in interagency activities or who are national security professionals who are not employed by the Department of Defense. Nothing in this subclause shall be construed to prohibit the Secretary of Defense from establishing or designating an office to administer interagency rotations by, or the interagency activities of, employees of the Department of Defense.
(II) Transfer of functions.--Effective on the date of enactment of this Act, there are transferred to the Office of Management and Budget or the Office of Personnel Management, as determined appropriate by the Committee, the functions of the National Security Professional Development Integration Office of the Department of Defense.
(III) Funds.--Effective on the date of enactment of this Act, all unobligated balances made available for the activities of the National Security Professional Development Integration Office of the Department of Defense are rescinded.
SEC. __05. NATIONAL SECURITY INTERAGENCY COMMUNITIES OF INTEREST.
(a) Identification of ICIs.--Subject to section __08, the Committee--
(1) shall identify ICIs on an ongoing basis for purposes of carrying out this title; and
(2) may alter or discontinue an ICI identified under paragraph (1).
(b) Identification of ICI Positions.--The head of each covered agency shall identify ICI positions within the covered agency.
(c) Interagency Bodies.--
(1) Identification.--
(A) In general.--The Committee shall identify--
(i) entities in the executive branch of the Government that are primarily involved in interagency activities relating to national security or homeland security; and
(ii) components of agencies that are primarily involved in interagency activities relating to national security or homeland security and have a mission distinct from the agency within which the component is located.
(B) Certain bodies.--
(i) In general.--The Committee shall identify the National Security Council and the Directorate of Strategic Operational Planning of the National Counterterrorism Center as interagency bodies under this paragraph.
(ii) FBI rotations.--Joint Terrorism Task Forces shall not be considered interagency bodies for purposes of service by employees of the Federal Bureau of Investigation.
(C) Duties of head of covered agency.--The Committee shall designate the Federal officer who shall perform the duties of the head of a covered agency relating to ICI positions within an interagency body.
(2) Positions in interagency bodies.--The officials designated under paragraph (1)(C) shall identify--
(A) positions within their respective interagency bodies that are ICI positions; and
(B) positions within their respective interagency bodies--
(i) that are not a position described under section __03(10)(A) or (C) or a position filled by an employee described under section __03(10)(B); and
(ii) for which service in the position shall constitute interagency rotational service.
SEC. __06. INTERAGENCY COMMUNITY OF INTEREST ROTATIONAL SERVICE.
(a) Exclusion of Senior Positions.--For purposes of this section, the term “ICI position” does not include a senior position.
(b) Rotations.--
(1) In general.--The Committee shall provide for employees serving in an ICI position to be assigned on a rotational basis to another ICI position that is--
(A) within another covered agency or within an interagency body; and
(B) within the same ICI.
(2) Exception.--An employee may be assigned to an ICI position in another covered agency or in an interagency body that is not in the ICI applicable to an ICI position in which the employee serves or has served if--
(A) the employee has particular nongovernmental or other expertise or skills that are relevant to the assigned ICI position; and
(B) the head of the covered agency employing the employee, the head of the covered agency to which the assignment is made, and the Committee approve the assignment.
(3) Nonreimbursable basis.--Service by an employee in an ICI position in another covered agency or in an interagency body that is not within the agency employing the employee shall be performed without reimbursement.
(4) Return to prior position.--Except as provided otherwise by the Committee, an employee performing service in an ICI position in another covered agency or interagency body or in a position designated under section __05(c)(2)(B) shall be entitled to return to the position held by the employee in the covered agency employing the employee within a reasonable period of time after the end of the period of service.
(c) Selection of ICI Positions Open for Rotational Service.--
(1) In general.--The head of each covered agency shall determine which ICI positions in the covered agency shall be available for service by employees from another covered agency and may modify a determination under this paragraph.
(2) List.--The Committee shall maintain a single, integrated list of ICI positions and of positions available for service by employees from another covered agency under this section and shall make the list available to Federal employees on an ongoing basis in order to facilitate applications for the positions and long-term career planning by employees of the executive branch of the Government, except to the extent that the Committee determines that the identity of certain positions should not be distributed in order to protect national security or homeland security.
(d) Minimum Period for Service.--With respect to the period of service in an ICI position in another covered agency or interagency body, the Committee--
(1) shall, notwithstanding any other provision of law, ensure that the period of service is sufficient to gain an adequately detailed understanding and perspective of the covered agency or interagency body at which the employee is assigned;
(2) may provide for different periods for service, depending upon the nature of the position, including whether the position is in an area that is a combat zone for purposes of section 112 of the Internal Revenue Code of 1986; and
(3) shall require that an employee performing service in an ICI position in another covered agency or interagency body is informed of the period of service for the position before beginning such service.
(e) Voluntary Nature of Rotational Service.--
(1) In general.--Except as provided in paragraph (2), service in an ICI position in another covered agency or interagency body shall be voluntary by an employee.
(2) Authority to assign involuntarily.--If the head of a covered agency has the authority under another provision of law to assign an employee involuntarily to a position and the employee is serving in an ICI position, the head of the covered agency may assign the employee involuntarily to serve in an ICI position in another covered agency or interagency body.
(f) Training and Education of Personnel Performing Interagency Rotational Service.--Each employee performing interagency rotational service shall participate in the training and education, if any, that is regularly provided to new employees by the covered agency or interagency body in which the employee is serving in order to learn how the covered agency or interagency body functions.
(g) Prevention of Need for Increased Personnel Levels.--The Committee shall ensure that employees are rotated across covered agencies and interagency bodies within an ICI in a manner that ensures that, for the original ICI positions of all employees performing service in an ICI position in another covered agency or interagency body--
(1) employees from another covered agency or interagency body who are performing service in an ICI position in another covered agency or interagency body, or other available employees, begin service in such original positions within a reasonable period, at no additional cost to the covered agency or the interagency body in which such original positions are located; or
(2) other employees do not need to serve in the positions in order to maintain the effectiveness of or to prevent any costs being accrued by the covered agency or interagency body in which such original positions are located.
(h) Open and Fair Competition.--Each covered agency or interagency body that has an ICI position available for service by an employee from another covered agency shall coordinate with the Office of Personnel Management to ensure that employees of covered agencies selected to perform interagency rotational service shall be selected in a fully open and competitive manner that is consistent with the merit system principles set forth in paragraphs (1) and (2) of section 2301(b) of title 5, United States Code, unless the ICI position is otherwise exempt under another provision of law.
(i) Personnel Law Matters.--
(1) National security exclusion.--The identification of a position as available for service by an employee of another covered agency or as being within an ICI shall not be a basis for an order under section 7103(b) of title 5, United States Code, excluding the covered agency, or a subdivision thereof, in which the position is located from the applicability of chapter 71 of title 5, United States Code.
(2) On rotation.--An employee performing interagency rotational service shall have all the rights that would be available to the employee if the employee was detailed or assigned under a provision of law other than this title from the agency employing the employee to the agency in which the ICI position in which the employee is serving is located.
(j) Consultation.--The Committee shall consult with relevant associations, unions, and other groups involved in collective bargaining or encouraging public service, organizational reform of the Government, or interagency activities (such as the Simons Center for the Study of Interagency Cooperation of the Command and General Staff College Foundation) in formulating and implementing policies under this title.
(k) Officers of the Armed Forces.--The policies, procedures, and practices for the management of officers of the Armed Forces may provide for the assignment of officers of the Armed Forces to ICI positions or positions designated under section __05(c)(2)(B).
(l) Performance Appraisals.--The Committee shall--
(1) ensure that an employee receives performance evaluations that are based primarily on the contribution of the employee to the work of the covered agency in which the employee is performing service in an ICI position in another covered agency or interagency body and the functioning of the applicable ICI; and
(2) require that--
(A) officials at the covered agency employing the employee conduct the evaluations based on input from the supervisors of the employee during service in an ICI position in another covered agency or interagency body; and
(B) the evaluations shall be provided the same weight in the receipt of promotions and other rewards by the employee from the covered agency employing the employee as performance evaluations receive for other employees of the covered agency.
(m) Foreign Service.--Section 607(a) of the Foreign Service Act of 1980 (22 U.S.C. 4007(a)) is amended by adding at the end the following:
“(4) At the election of an individual subject to a maximum time in class limitation under this subsection, any period of service in an ICI position (as defined in section __03 of the Interagency Personnel Rotation Act of 2011) that is not within the Department of State shall not be used for purposes of determining the period during which the individual has served in a class.”.
SEC. __07. SELECTION OF SENIOR POSITIONS IN AN INTERAGENCY COMMUNITY OF INTEREST.
(a) Selection of Individuals To Fill Senior Positions Within an ICI.--In selecting individuals to fill senior positions within an ICI, the head of a covered agency shall ensure that a strong preference is given to selecting of personnel who have performed interagency rotational service.
(b) Establishment by Heads of Covered Agencies of Minimum Thresholds.--
(1) In general.--On October 1 of the second fiscal year after the fiscal year in which the Committee identifies an ICI, and October 1 of each fiscal year thereafter, the head of each covered agency within which 1 or more positions within that ICI are located shall establish the minimum number of that agency's senior positions that are within that ICI that shall be filled by personnel who have performed interagency rotational service.
(2) Reporting requirements.--
(A) Minimum number of positions.--Not later than 30 days after the date on which all heads of covered agencies have established the minimum number required under paragraph (1) for a fiscal year, the Committee shall submit to Congress a consolidated list of the minimum numbers of senior positions that shall be filled by personnel who have performed interagency rotational service.
(B) Failure to meet minimum number.--Not later than 30 days after the end of any fiscal year in which a covered agency fails to meet the minimum number of senior positions to be filled by individuals who have performed interagency rotational service established by the head of the covered agency under paragraph (2), the head of the covered agency shall submit to the Committee and Congress a report identifying the failure and indicating what actions the head of the covered agency has taken or plans to take in response to the failure.
(c) Other Rotational Requirements.--
(1) Credit for service in another component within an agency.--
(A) In general.--Service performed during the first 3 fiscal years after the fiscal year in which an ICI is identified by the Committee by an employee in a rotation to an ICI position in another component of the covered agency that employs the employee that is identified under subparagraph (B) shall constitute interagency rotational service for purposes of this section.
(B) Identification of components.--Subject to approval by the Committee, the head of a covered agency may identify the components of the covered agency that are sufficiently independent in functionality for service in a rotation in the component to qualify as service in another component of the covered agency for purposes of subparagraph (A).
(2) Intelligence community personnel.--Service performed during the first 3 fiscal years after the fiscal year in which an ICI is identified by the Committee by an employee of a covered agency under any program established before the date of enactment of this title that provides for rotation assignments of employees across the agencies or elements of the intelligence community shall constitute interagency rotational service for purposes of this section.
SEC. __08. IMPLEMENTATION.
(a) ICIs and ICI Positions.--
(1) In general.--During the first 4 fiscal years after the fiscal year in which this Act is enacted--
(A) there shall be 2 ICIs, which shall be an ICI for emergency management and an ICI for stabilization and reconstruction; and
(B) during each such fiscal year, not less than 20 employees and not more than 25 employees in the executive branch of the Government shall perform service in an ICI position in another covered agency or in an interagency body that is not within the agency employing the employee under this title.
(2) Location.--
(A) In general.--The Committee shall designate a metropolitan area in which the ICI for emergency management will be located and a metropolitan area in which the ICI for stabilization and reconstruction will be located.
(B) Service.--During the first 4 fiscal years after the fiscal year in which this Act is enacted, any service in an ICI position in another covered agency or in an interagency body that is not within the agency employing the employee shall be performed--
(i) by an employee who is located in the metropolitan area for the ICI designated under subparagraph (A) before beginning service in the ICI position; and
(ii) at a location in the metropolitan area for the ICI designated under subparagraph (A) .
(b) Priority for Details.--During the first 4 fiscal years after the fiscal year in which this Act is enacted, a covered agency shall give priority in using amounts available to the covered agency for details to assigning employees on a rotational basis under this title.
SEC. __09. STRATEGY AND PERFORMANCE EVALUATION.
(a) Issuing of Strategy.--
(1) In general.--Not later than October 1 of the third fiscal year after the fiscal year in which this Act is enacted, and every 4 fiscal years thereafter through the eleventh fiscal year after the fiscal year in which this Act is enacted, the Committee shall issue a National Security Human Capital Strategy to develop the national security and homeland security personnel necessary for accomplishing national security and homeland security objectives that require integration of personnel and activities from multiple agencies of the executive branch of the Government.
(2) Consultations with congress.--In developing or making adjustments to the National Security Human Capital Strategy issued under paragraph (1), the Committee--
(A) shall consult at least annually with Congress, including majority and minority views from all appropriate authorizing, appropriations, and oversight committees; and
(B) as the Committee determines appropriate, shall solicit and consider the views and suggestions of entities potentially affected by or interested in the strategy.
(3) Contents of strategy.--Each National Security Human Capital Strategy issued under paragraph (1) shall--
(A) provide for the implementation of this title;
(B) identify best practices from ICIs already in operation;
(C) identify any additional ICIs to be identified by the Committee;
(D) include a schedule for the issuance of directives and establishment of standards relating to the requirements under this title by the Committee;
(E) include a description of how the strategy incorporates views and suggestions obtained through the consultations with Congress required under paragraph (2);
(F) include an assessment of performance measures over a multi-year period, such as--
(i) the percentage of ICI positions available for service by employees from another covered agency for which such employees performed such service;
(ii) the number of personnel participating in interagency rotational service in each covered agency and interagency body;
(iii) the length of interagency rotational service under this title;
(iv) reports by the heads of covered agencies submitted under section __07(b)(2)(B);
(v) the training and education of personnel who perform interagency rotational service, and the evaluation by the Committee of the training and education;
(vi) the positions (including grade level) held by employees who perform interagency rotational service during the period beginning on the date on which the interagency rotational service terminates and ending on the date of the assessment; and
(vii) to the extent possible, the evaluation of the Committee of the utility of interagency rotational service in improving interagency integration.
(b) Reports.--Not later than October 1 of the second fiscal year after a fiscal year in which the Committee issues a National Security Human Capital Strategy under subsection (a), the Committee shall assess the performance measures described in subsection (a)(3)(F).
(c) Submission to Congress.--Not later than 30 days after the date on which the Committee issues a National Security Human Capital Strategy under subsection (a) or assesses performance measures under subsection (b), the Committee shall submit the strategy or assessment to Congress.
SEC. __10. GAO STUDY OF INTERAGENCY ROTATIONAL SERVICE.
Not later than the end of the second fiscal year after the fiscal year in which this Act is enacted, the Comptroller General of the United States shall submit to Congress a report regarding--
(1) the extent to which performing service in an ICI position in another covered agency or an interagency body under this title enabled the employees performing the service to gain an adequately detailed understanding of and perspective on the covered agency or interagency body, including an assessment of the effect of--
(A) the period of the service; and
(B) the duties performed by the employees during the service;
(2) the effectiveness of the Committee and the staff of the Committee funded under section __04(e)(4)(B) in overseeing and managing interagency rotational service under this title, including an evaluation of any directives or standards issued by the Committee;
(3) the participation of covered agencies in interagency rotational service under this title, including whether each covered agency that performs a mission relating to an ICI in effect--
(A) identified positions within the covered agency as ICI positions;
(B) had 1 or more employees from another covered agency perform service in an ICI position in the covered agency; or
(C) had 1 or more employees of the covered agency perform service in an ICI position in another covered agency;
(4) the positions (including grade level) held by employees after completing interagency rotational service under this title, and the extent to which the employees were rewarded for the service; and
(5) the extent to which or likelihood that interagency rotational service under this title has improved or is projected to improve interagency integration.
SEC. __11. PROHIBITION OF PRINTED REPORTS.
Each strategy, plan, report, or other submission required under this title--
(1) shall be made available by the agency issuing the strategy, plan, report, or other submission only in electronic form; and
(2) shall not be made available by the agency in printed form.
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Senate amendment submitted
November 18, 2011