Interagency Personnel Rotation Act of 2011 - (Sec. 2) States that the purpose of this Act 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 one agency.
(Sec. 3) Sets forth definitions for purposes of this Act. Defines: (1) "ICI" as a National Security Interagency Community of Interest; (2) "ICI position" as a position within an ICI that is identified by the head of a covered agency (an agency that is part of an ICI) as a position with significant responsibility for the subject area of the ICI and for activities involving more than one agency, and that is in the civil service at or above GS-11 of the General Schedule; and (3) "National Security Interagency Community of Interest" as positions in the executive branch that, as a group, are positions within multiple agencies of the executive branch having 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 across multiple agencies to ensure that the executive branch operates as a single, cohesive enterprise.
(Sec. 4) Establishes the Committee on National Security Personnel within the Executive Office of the President, comprised of the Director of the Office of Management and Budget (OMB) as Chairperson, the Director of the Office of Personnel Management (OPM), and the Assistant to the President for National Security Affairs. Requires the Committee to implement this Act and validate the actions of agencies in implementing the requirements of this Act. Establishes a board, comprised of designees selected by specified cabinet-level agency heads, to assist the Committee.
Authorizes appropriations in FY2012-FY2016 for the Committee.
(Sec. 5) Requires the Committee to identify: (1) ICIs on an ongoing basis to carry out this Act and authorizes it to alter or discontinue an ICI, (2) entities in the executive branch that are primarily involved in interagency activities relating to national or homeland security, and (3) the National Security Council and Directorate of Strategic Operational Planning of the National Counterterrorism Center as interagency bodies. Requires the head of each covered agency to identify ICI positions within such agency.
(Sec. 6) Requires the Committee to: (1) provide for employees serving in an ICI position to be assigned on a rotational basis to another ICI position that is in another agency or in an interagency body and within the same ICI as the employee's original position, (2) determine the minimum length of a rotation depending upon the nature of the position involved, and (3) submit annually a consolidated list of ICI positions open for rotation with an explanation of the criteria for the identification of positions as being within the ICI.
Sets forth training and education and performance appraisal requirements for employees serving in an ICI position.
Authorizes the Secretary of Defense (DOD) to assign military officers to ICI positions.
(Sec. 7) Requires an agency head: (1) in selecting individuals to fill senior positions in an ICI, to ensure that strong preference is given to individuals who have performed interagency rotational service; and (2) to establish the minimum number of agency positions within an ICI that will be filled by personnel who have performed interagency rotational service.
(Sec. 8) Requires: (1) during the first four fiscal years after the fiscal year in which this Act is enacted, the establishment of one ICI for emergency management and one ICI for stabilization and reconstruction; and (2) during each such fiscal year, not less than 20 and not more than 25 executive branch employees to perform service in an ICI position in another covered agency or in an interagency body. Requires the Committee to: (1) designate a metropolitan area in which such ICIs shall be located, and (2) submit a plan to Congress for the establishment of such ICIs.
(Sec. 9) Requires the Committee to: (1) periodically 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, and (2) report on the implementation of such Strategy and this Act. Requires such Strategy to: (1) provide for the implementation of this Act, (2) identify best practices from ICIs already in operation, (3) identify any additional ICIs to be identified by the Committee, (4) include a schedule for the issuance of directives and the establishment of standards relating to requirements under this Act, (5) include a description of how the Strategy incorporates views and suggestions obtained through consultations with Congress, and (6) include an assessment of performance measures over a multi-year period.
(Sec. 10) Requires the Comptroller General (GAO) to report on the effectiveness of the system of interagency rotational service established by this Act.
(Sec. 11) Requires each strategy, plan, report, or other submission required by this Act to be made available only in electronic form.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1268 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1268
To increase the efficiency and effectiveness of the Government by
providing for greater interagency experience among national security
and homeland security personnel through the development of a national
security and homeland security human capital strategy and interagency
rotational service by employees, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 23, 2011
Mr. Lieberman (for himself, Ms. Collins, and Mr. Akaka) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To increase the efficiency and effectiveness of the Government by
providing for greater interagency experience among national security
and homeland security personnel through the development of a national
security and homeland security human capital strategy and interagency
rotational service by employees, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Interagency Personnel Rotation Act
of 2011''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the national security and homeland security challenges
of the 21st century bridge the foreign and domestic divide and
require a whole-of-Government approach in order for the United
States Government to operate in the most effective and
efficient manner; and
(2) these challenges require that executive branch
personnel--
(A) view national security and homeland security
issues from a whole-of-Government perspective;
(B) understand the capabilities, authorities,
resources, and constraints of other agencies; and
(C) be able to rely upon networks and communities
of interest composed of personnel from other agencies
who work on the same national security or homeland
security issues.
(b) Purpose.--The purpose of this Act 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 one agency.
SEC. 3. DEFINITIONS.
In this Act:
(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 5(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 6(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
that agency the primary duties of which
relate to national security or homeland
security policy formulation or
execution;
(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 for
which the pay is at a rate at or
greater than the minimum basic rate of
pay for a position at 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 by the Committee
under section 6(c)(1); 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 interagency body identified by the Committee under section
6(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
by the Committee under section 6(c)(2).
(9) National security interagency community of interest.--
The term ``National Security Interagency Community of
Interest'' means the personnel of the executive branch of the
Government that--
(A) as a group are employees of 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 personnel 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 limited term appointee, limited emergency
appointee, or noncareer appointee in the Senior
Executive Service, as defined under paragraphs (5),
(6), and (7), respectively, 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) Relevant committees of congress.--The term ``relevant
committees of Congress'' means--
(A) the Committee on Appropriations, the Committee
on Armed Services, the Committee on Commerce, Science,
and Transportation, the Committee on Energy and Natural
Resources, the Committee on Finance, the Committee on
Foreign Relations, the Committee on Health, Labor,
Education, and Pensions, the Committee on Homeland
Security and Governmental Affairs, the Committee on the
Judiciary, and the Select Committee on Intelligence of
the Senate; and
(B) the Committee on Appropriations, the Committee
on Armed Services, the Committee on Energy and
Commerce, the Committee on Education and the Workforce,
the Committee on Foreign Affairs, the Committee on
Homeland Security, the Committee on the Judiciary, the
Committee on Oversight and Government Reform, the
Permanent Select Committee on Intelligence, and the
Committee on Ways and Means of the House of
Representatives.
(12) 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; and
(D) any other equivalent position identified by the
Committee.
SEC. 4. STRATEGY AND PLANNING REQUIREMENTS.
(a) National Security Human Capital Strategy.--
(1) Issuing of strategy.--
(A) In general.--Except as provided in subparagraph
(B), not later than October 1 of the first fiscal year
after the fiscal year in which this Act is enacted, and
every 4 years thereafter, 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 in order to
ensure that the executive branch of the Government
operates as a single, cohesive enterprise to maximize
mission success and minimize cost.
(B) Modified date.--If this Act is enacted on a
date that is less than 180 days before the end of the
fiscal year, then the Committee shall issue the
National Security Human Capital Strategy under this
paragraph not later than October 1 of the second fiscal
year after the fiscal year in which this Act is
enacted, and every 4 years thereafter.
(2) Plan.--Each National Security Human Capital Strategy
issued under paragraph (1) shall include a plan that--
(A) provides for the phased implementation of this
Act;
(B) contains graduated and specific targets for the
percentages of senior positions in an ICI that--
(i) require interagency rotational service
as an eligibility requirement;
(ii) ensures that, not later than October 1
of the fifteenth fiscal year after the fiscal
year in which this Act is enacted, not less
than 85 percent of the ICI positions of each
covered agency that are senior positions are
designated under section 8(a)(1); and
(C) includes a schedule for the issuance of
directives relating to the requirements under this Act
by the Committee.
(3) Submission to relevant committees of congress.--Not
later than 30 days after the date on which the Committee issues
a National Security Human Capital Strategy under paragraph (1),
the Committee shall submit that strategy to the relevant
committees of Congress.
(b) Reports on Implementation.--
(1) In general.--Not later than 2 years after the date on
which the Committee issues a National Security Human Capital
Strategy under subsection (a), the Committee shall submit to
the relevant committees of Congress a report on the
implementation of the strategy and this Act.
(2) Contents.--Each report submitted under paragraph (1)
shall include updates to the plan contained in the most recent
National Security Human Capital Strategy and detailed reporting
that is specific to each ICI and to each covered agency and
interagency body regarding--
(A) implementation of the National Security Human
Capital Strategy and this Act; and
(B) performance measures for the National Security
Human Capital Strategy and data on the performance
measures.
SEC. 5. 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 Act to carry out service in an ICI
position in another covered agency or interagency body by
employees, the training required under section 9, and other
activities under this Act.
(2) Directives.--
(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 set standards for service in an
ICI position in another covered agency or interagency
body, the training required under section 9, and other
activities under this Act, including the directives
specifically required under this Act.
(B) Use by covered agencies.--The head of each
covered agency shall carry out the responsibilities
under this Act in accordance with the directives issued
by the Director of the Office of Management and Budget.
(C) Submission to congress.--Not later than 30 days
after the date on which the Director of the Office of
Management and Budget issues a directive under this
Act, the Director shall submit the directive to the
relevant committees of Congress.
(e) Support and Implementation.--
(1) Board.--There is established a board to assist the
Committee, which shall be composed of 1 designee (who shall
serve in an Executive schedule position at level III) selected
by each of the Secretary of State, the Secretary of Defense,
the Secretary of Homeland Security, the Attorney General, the
Secretary of the Treasury, the Secretary of Energy, the
Secretary of Health and Human Services, the Secretary of
Commerce, and the Director of National Intelligence.
(2) Chief human capital officers council.--The Chief Human
Capital Officers Council shall provide advice to the Committee
regarding technical human capital issues relating to the
implementation of this Act.
(3) Covered agency officials.--The head of each covered
agency shall designate an officer and office within that
covered agency with responsibility for the implementation of
this Act.
SEC. 6. NATIONAL SECURITY INTERAGENCY COMMUNITIES OF INTEREST.
(a) Identification of ICIs.--The Committee--
(1) shall identify ICIs on an ongoing basis for purposes of
carrying out this Act; and
(2) may alter or discontinue an ICI identified under
paragraph (1).
(b) Identification of ICI Positions.--
(1) In general.--Subject to paragraph (4), the head of each
covered agency shall identify ICI positions within that covered
agency.
(2) Position with administrative or technical duties.--
(A) Exclusion for administrative duties.--A
position the primary duties of which relate to
administrative duties (including duties relating to
procurement, accounting, and finance) shall not be
identified as an ICI position.
(B) Technology duties.--
(i) In general.--The Committee shall
determine which positions the primary duties of
which relate to information technology or
engineering may be identified as ICI positions
by the head of a covered agency. The Committee
may provide guidance regarding the positions
that may be identified as ICI positions under
this clause or approve the identification of
the ICI positions on a case-by-case basis, as
the Committee determines appropriate.
(ii) Information technology positions.--A
position that relates to information technology
may be identified as an ICI position for an ICI
relating to cybersecurity.
(3) Other provisions.--
(A) Multiple icis.--A position may be within more
than one ICI.
(B) Changes.--Subject to paragraph (4), the head of
a covered agency may change which positions are
identified as ICI positions or which ICI an ICI
position is within.
(4) Review and approval by the committee.--
(A) In general.--The Committee shall--
(i) provide guidance to the heads of
covered agencies concerning criteria for
identifying or changing the identification of
ICI positions;
(ii) establish criteria concerning
identifications and changes to the
identifications of ICI positions which may be
made by the head of a covered agency and take
effect without review and approval by the
Committee;
(iii) establish criteria concerning
identifications and changes to the
identifications of ICI positions which may be
made by the head of a covered agency and shall
be reviewed and approved by the Committee
before the identification or change may take
effect; and
(iv) develop a schedule for the Committee
to review identifications of and changes to the
identifications of ICI positions that took
effect without prior review and approval under
the criteria established under clause (ii).
(B) Action by covered agencies.--The head of a
covered agency may not identify a position as an ICI
position or change an ICI position or which ICI an ICI
position is within if the identification or change is
not--
(i) authorized to be made without the
advance authorization of the Committee under
subparagraph (A)(ii); or
(ii) approved by the Committee under
subparagraph (A)(iii).
(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; and
(ii) components of agencies that are
primarily involved in interagency activities
and have a mission distinct from the agency
within which the component is located.
(B) Certain bodies.--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.
(2) Positions in interagency bodies.--
(A) In general.--For purposes of this Act--
(i) the Assistant to the President for
National Security Affairs shall perform the
duties of the head of a covered agency for ICI
positions within the National Security Council;
(ii) the Director of the National
Counterterrorism Center shall perform the
duties of the head of a covered agency for ICI
positions within the Directorate of Strategic
Operational Planning of the National
Counterterrorism Center; and
(iii) the Committee shall designate the
Federal officer who shall perform the duties of
the head of a covered agency for ICI positions
within any other interagency body.
(B) Identification of positions.--The officials
described or designated under subparagraph (A) shall
identify--
(i) positions within their respective
interagency bodies that are ICI positions; and
(ii) positions within their respective
interagency bodies--
(I) that are not within an ICI;
(II) that are not a position
described under section 3(10)(A) or (C)
or a position filled by an employee
described under section 3(10)(B); and
(III) for which service in the
position shall constitute interagency
rotational service.
(C) Review and approval by the committee.--The
identification of, change of, and determinations
relating to positions described in subparagraph (B) by
a Federal officer described in or designated under
subparagraph (A) shall be subject to review and
approval by the Committee in the same manner and to the
same extent as provided for the head of a covered
agency under this Act.
SEC. 7. ICI 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) Service within multiple icis.--An employee who has
served or is serving in an ICI position that is within 2 or
more ICIs may be assigned to an ICI position in any of such
ICIs.
(3) 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.
(4) Officers of the armed forces.--
(A) Service in icis.--The policies, procedures, and
practices for the management of officers of the Armed
Forces established pursuant to section 661 of title 10,
United States Code, may provide for the assignment of
officers of the Armed Forces to ICI positions or
positions designated under section 6(c)(2)(B)(ii) and
for the treatment of such assignments as joint duty
assignments for purposes of chapter 38 of such title.
(B) Directives.--The Committee shall specify the
requirements and limitations applicable to the
assignment of officers of the Armed Forces to ICI
positions or positions designated under section
6(c)(2)(B)(ii). The directives specifying such
requirements and limitations shall be issued with the
concurrence of the Secretary of Defense.
(5) Return to prior position.--
(A) In general.--Subject to subparagraph (B), an
employee performing service in an ICI position in
another covered agency or interagency body or in a
position designated under section 6(c)(2)(B)(ii) 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.
(B) Reasonable exceptions.--The Committee shall
determine under what circumstances it is reasonable to
make an exception to the requirement under subparagraph
(A) and issue guidance regarding making such an
exception.
(c) 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.
(d) Directives.--
(1) Identification of positions open for rotational
service.--The Committee shall--
(A) require, and provide guidelines relating to,
the identification by the head of each covered agency
of ICI positions in the covered agency that are open
for assignment of employees serving or who have served
in ICI positions in other covered agencies or an
interagency body;
(B) specify how many ICI positions the head of each
covered agency shall make available for assignment of
employees serving or who have served in ICI positions
in other covered agencies or an interagency body; and
(C) ensure that each ICI position in a covered
agency or interagency body that is available for
assignment of an employee from another covered agency
or interagency body is filled by an employee serving in
a position with a level of responsibility comparable to
the position that is available for assignment.
(2) Minimum period for service.--With respect to the period
of service in an ICI position in another covered agency or
interagency body, the Committee--
(A) shall 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;
(B) 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
(C) 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) Selection of ICI Positions Open for Rotational Service.--
(1) In general.--Subject to paragraph (2), the head of each
covered agency shall determine which ICI positions in the
covered agency shall be available to be filled by employees
from another covered agency and may modify a determination
under this paragraph.
(2) Review of determination of ici positions open for
rotational service.--
(A) In general.--The Committee shall--
(i) provide guidance to the heads of
covered agencies concerning criteria for
determining and modifying determinations of
which ICI positions are available to be filled
by employees from another covered agency;
(ii) establish criteria concerning
determinations and modifications to
determinations regarding ICI positions that are
available to be filled by employees from
another covered agency which may be made by the
head of a covered agency and take effect
without review and approval by the Committee;
(iii) establish criteria concerning which
determinations and modifications to
determinations regarding ICI positions that are
available to be filled by employees from
another covered agency may be made by the head
of a covered agency and shall be reviewed and
approved by the Committee before the
determination or modification may take effect;
and
(iv) develop a schedule for the Committee
to review determinations and modifications to
determinations that an ICI position is
available to be filled by employees from
another covered agency that took effect without
prior review and approval under the criteria
established under clause (ii).
(B) Action by covered agencies.--The head of a
covered agency may not determine an ICI position as
available to be filled by employees from another
covered agency or make a modification of the
determination if the determination or modification is
not--
(i) authorized to be made without the
advance authorization of the Committee under
subparagraph (A)(ii); or
(ii) approved by the Committee under
subparagraph (A)(iii).
(3) List.--The Committee shall maintain a single,
integrated list of positions available to be filled 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.
(f) Prevention of Need for Increased Personnel Levels.--
(1) Phase-In.--The Committee shall phase in the requirement
to designate ICI positions for assignment across covered
agencies in a manner that ensures that there is a reasonable
equivalence between the number of employees rotating out of the
covered agencies or interagency bodies within an ICI and the
number of employees rotating into the covered agencies or
interagency bodies within an ICI.
(2) Filling positions rotating out.--The Committee shall
ensure that employees are rotated across covered agencies and
interagency bodies within an ICI in a manner that ensures that
the original ICI positions of all employees performing service
in an ICI position in another covered agency or interagency
body are filled within a reasonable period by--
(A) employees from another covered agency or
interagency body who are performing service in an ICI
position in another covered agency or interagency body;
or
(B) other available employees.
(g) Open and Fair Competition.--Each covered agency or interagency
body that has an ICI position available to be filled by an employee
from another covered agency shall coordinate with the Office of
Personnel Management to ensure that the position is filled 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, except if the ICI position is otherwise
exempt under another provision of law.
(h) Collective Bargaining Rights and Other 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 service in an ICI
position in another covered agency or interagency body shall
have collective bargaining rights to the extent and in the
manner that such rights would be available to the employee if
the employee were detailed or assigned under a provision of law
other than this Act from the agency employing the employee to
the agency in which the ICI position in which the employee is
serving is located.
(3) Consultation.--The Committee shall consult with
relevant associations, unions, and other groups involved in
collective bargaining or encouraging public service or
organizational reform of the Government in formulating and
implementing policies under this Act.
(i) Reporting.--Not later than 1 year after the date on which the
Committee issues the first National Security Human Capital Strategy
under section 4(a)(1), and every year thereafter, the Committee shall
submit to the relevant committees of Congress--
(1) a consolidated list of ICI positions, which shall
include an explanation of the reasons that each position was
identified as being within the ICI; and
(2) a consolidated list of ICI positions made available to
be filled by employees from another covered agency, which shall
include an explanation of the methodology used by the covered
agency in determining which positions were and were not to be
made available.
SEC. 8. INTERAGENCY ROTATIONAL SERVICE AS A REQUIREMENT FOR SELECTION
TO SENIOR POSITIONS IN ICIS.
(a) Requirement for Promotion to Selected Senior Positions Within
ICIs.--Except as otherwise provided in this section, the head of each
covered agency shall--
(1) designate ICI positions of the covered agency that are
senior positions for which interagency rotational service shall
be an eligibility requirement; and
(2) not later than October 1 of the fifteenth fiscal year
after the fiscal year in which this Act is enacted, designate
not less than 85 percent of the ICI positions of the covered
agency that are senior positions to be senior positions for
which interagency rotational service shall be an eligibility
requirement.
(b) Exemptions.--
(1) In general.--An employee may be appointed to a senior
position designated under subsection (a) without meeting the
interagency rotational service requirement if before the
appointment the employee--
(A) is not employed in the executive branch of the
Government when selected for the senior position;
(B) is serving in a senior position that is not an
ICI position;
(C) has not served in the executive branch of the
Government for a sufficient period, as determined by
the Committee, to have performed interagency rotational
service;
(D) entered service in the executive branch of the
Government at or above GS-15 of the General Schedule,
or equivalent;
(E) has prior service in another agency that
provides the employee with relevant experience in the
applicable ICI, as determined by the Committee; or
(F) is in another class of employees exempted from
subsection (a) by the Committee.
(2) Notice.--Not later than 30 days after the date on which
the Committee determines to exempt a class of employees under
paragraph (1)(F), the Committee shall notify the relevant
committees of Congress of the exemption.
(c) Waivers.--
(1) In general.--On a case-by-case basis, the head of a
covered agency may waive the requirement that an employee being
appointed to a senior position designated under subsection (a)
has performed interagency rotational service.
(2) Years 3 to 8.--During the period beginning on October 1
of the second fiscal year after the fiscal year in which this
Act is enacted and ending on September 30 of the seventh fiscal
year after the fiscal year in which this Act is enacted, the
head of a covered agency may issue a waiver under paragraph (1)
for good cause.
(3) Years 9 to 15.--During the period beginning October 1
of the eighth fiscal year after the fiscal year in which this
Act is enacted and ending on September 30 of the fourteenth
fiscal year after the fiscal year in which this Act is enacted,
the head of a covered agency may issue a waiver under paragraph
(1) if--
(A) there is a lack of qualified candidates for the
senior position who have satisfied the requirement
under subsection (a);
(B) a lack of sufficient positions available to be
filled by employees from another covered agency
prevented the most qualified candidate for the senior
position from completing interagency rotational
service; or
(C) the most qualified candidate for the senior
position has prior service in a position in another
agency that, although involving duties comparable to an
ICI position, does not qualify as interagency
rotational service.
(4) After year 15.--
(A) In general.--After the period described in
paragraph (3), the head of a covered agency may issue a
waiver under paragraph (1) if--
(i) there are extraordinary circumstances
relating to the senior position; and
(ii) the Committee concurs with issuing the
waiver.
(B) Nondelegation.--The authority to issue a waiver
under paragraph (1) may not be delegated after the
period described in paragraph (3).
(5) Reporting.--Not later than 30 days after the date on
which a waiver is issued under paragraph (1), the Committee
shall submit to the relevant committees of Congress a report
containing a description of the waiver and an explanation of
the justification for the waiver.
(d) Other Rotational Requirements.--
(1) Definitions.--In this subsection:
(A) DHS rotational service program.--The term ``DHS
rotational service program'' means any program
established before the date of enactment of this Act
that provides for rotation assignments of employees
within the Department of Homeland Security.
(B) IC rotational service program.--The term ``IC
rotational service program'' means any program
established before the date of enactment of this Act
that provides for rotation assignments of employees
across the agencies or elements of the intelligence
community.
(2) Department of homeland security.--If an employee of the
Department of Homeland Security has performed service in an ICI
position in another covered agency or interagency body, the
employee may not be denied an appointment to a senior position
in the Department of Homeland Security because of any other
requirement to perform service on a rotational basis under a
DHS rotational service program.
(3) Officers of the armed forces.--Section 668(b) of title
10, United States Code, is amended--
(A) by redesignating paragraph (2) as paragraph
(3); and
(B) by inserting after paragraph (1) the following
new paragraph (2):
``(2)(A) The definition required by paragraph (1) may provide for
the treatment as a joint duty assignment of any assignment of officers
to an ICI position or a position in an interagency body that is not an
ICI position as the Secretary may specify in the regulations required
by that paragraph.
``(B) In this paragraph, the terms `ICI position' and `interagency
body' have the meanings given those terms in section 3 of the
Interagency Personnel Rotation Act of 2011.''.
(4) Credit for service in another component within an
agency.--
(A) In general.--During the first 8 fiscal years
after the fiscal year in which this Act is enacted, an
employee that performed service in a rotation to
another component of the covered agency that employs
the employee identified under subparagraph (B) may be
appointed to an ICI position that is a senior position
in that covered agency without regard to any
designation under subsection (a).
(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).
(5) Intelligence community personnel.--During the first 8
fiscal years after the fiscal year in which this Act is
enacted, an employee of a covered agency that performed service
in a rotation in the intelligence community under an IC
rotational service program may be appointed to an ICI position
that is a senior position in that covered agency without regard
to any designation under subsection (a).
(6) Reports.--The head of each covered agency shall include
information relating to this subsection in any relevant report
to the relevant committees of Congress required under this Act.
(e) Performance Appraisals.--The Committee shall--
(1) ensure that the employees receive performance
evaluations that are based primarily on their contribution 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.
(f) Incentives for Participation.--The Committee shall identify
ways in which the head of a covered agency shall use the authorities of
the head of the covered agency to institute incentives to encourage
employees to perform service in an ICI position in another covered
agency or interagency body, regardless of the interest of any employee
to be promoted to an ICI position that is a senior position.
(g) 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 3 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. 9. EDUCATION AND TRAINING FOR PERSONNEL SERVING IN INTERAGENCY
COMMUNITIES OF INTEREST.
(a) Training and Education Requirements.--
(1) Participation by personnel in ici positions.--
(A) Orientation training and education.--During the
second fiscal year after the fiscal year in which this
Act is enacted, and each fiscal year thereafter, each
employee serving in an ICI position shall participate
in orientation training and education.
(B) Ongoing training and education.--During the
third fiscal year after the fiscal year in which this
Act is enacted, and each fiscal year thereafter, each
employee serving in an ICI position shall participate
in ongoing training and education.
(2) Failure to obtain training and education.--An employee
serving in an ICI position who does not successfully complete
the orientation training and education and the ongoing training
and education required under paragraph (1) may not perform
service in an ICI position in another covered agency or
interagency body.
(3) Contents of training.--The training and education
required under paragraph (1) shall include training and
education on--
(A) national security and homeland security
strategy, both general and as relevant to the
applicable ICI;
(B) the criticality of interagency integration for
accomplishing national security and homeland security
objectives in an efficient and effective manner;
(C) the roles, functions, authorities, cultures,
and resources of agencies involved in the applicable
ICI; and
(D) practical skills and strategies for ensuring
maximum interagency cohesion, including effective
meeting management, project management, negotiation,
and interagency team-building.
(4) Online training.--Unless the Committee determines that
the benefits of an in-person training for increasing
interagency coordination to improve interagency effectiveness
and efficiency outweigh the cost, the training and education
required under paragraph (1) shall be online.
(b) Use of Consortium.--
(1) In general.--The Committee may use a consortium of
agencies, educational institutions, and nongovernmental
organizations to provide the training and education required
under this section, including by the use of preexisting courses
and materials.
(2) Inclusions.--The consortium used under paragraph (1)
may include Government educational entities such as the Foreign
Service Institute, the National Defense University, the Army
War College, and the Naval War College, if the head of the
agency of which the educational entity is a component
determines that participation in the training and education
will not adversely impact the capabilities of the agency.
SEC. 10. INTERAGENCY PROCESS AND STRATEGIES TRAINING FOR POLITICAL
APPOINTEES.
(a) Establishment.--
(1) In general.--Subject to the direction of the Committee,
the Office of Personnel Management shall establish a course for
political appointees relating to the objectives, history, and
functioning of the senior-level interagency process and
strategies for ensuring maximum interagency cohesion and the
accomplishment of national security and homeland security
objectives in an efficient and effective manner.
(2) Length of course.--The length of a course established
under paragraph (1) may be different for different positions,
based on the seniority of the position and other factors as the
Committee determines appropriate.
(b) Requirement.--Not later than 120 days after an individual is
appointed to a position which makes the individual a political
appointee, that individual shall take the course established under
subsection (a).
(c) Application.--This section shall apply to appointments made on
and after the end of the fiscal year following the fiscal year in which
this Act is enacted.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S4098-4099)
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment in the nature of a substitute. With written report No. 112-235.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment in the nature of a substitute. With written report No. 112-235.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 540.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line