[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1268 Reported in Senate (RS)]
Calendar No. 540
112th CONGRESS
2d Session
S. 1268
[Report No. 112-235]
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, Mr. Akaka, and Mr. Lugar)
introduced the following bill; which was read twice and referred to the
Committee on Homeland Security and Governmental Affairs
November 13, 2012
Reported by Mr. Lieberman, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Interagency Personnel
Rotation Act of 2011''.</DELETED>
<DELETED>SEC. 2. FINDINGS AND PURPOSE.</DELETED>
<DELETED> (a) Findings.--Congress finds that--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) these challenges require that executive branch
personnel--</DELETED>
<DELETED> (A) view national security and homeland
security issues from a whole-of-Government
perspective;</DELETED>
<DELETED> (B) understand the capabilities,
authorities, resources, and constraints of other
agencies; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Agency.--The term ``agency'' has the meaning
given the term ``Executive agency'' under section 105 of title
5, United States Code.</DELETED>
<DELETED> (2) Committee.--The term ``Committee'' means the
Committee on National Security Personnel established under
section 5(a).</DELETED>
<DELETED> (3) Covered agency.--The term ``covered agency''
means an agency that is part of an ICI.</DELETED>
<DELETED> (4) ICI.--The term ``ICI'' means a National
Security Interagency Community of Interest identified by the
Committee under section 6(a).</DELETED>
<DELETED> (5) ICI position.--The term ``ICI position''--
</DELETED>
<DELETED> (A) means--</DELETED>
<DELETED> (i) a position that--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (III) is a position within
an ICI; or</DELETED>
<DELETED> (ii) a position in an interagency
body identified as an ICI position by the
Committee under section 6(c)(1); and</DELETED>
<DELETED> (B) shall not include--</DELETED>
<DELETED> (i) any position described under
paragraph (10)(A) or (C); or</DELETED>
<DELETED> (ii) any position filled by an
employee described under paragraph
(10)(B).</DELETED>
<DELETED> (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)).</DELETED>
<DELETED> (7) Interagency body.--The term ``interagency
body'' means an interagency body identified by the Committee
under section 6(c)(1).</DELETED>
<DELETED> (8) Interagency rotational service.--The term
``interagency rotational service'' means service by an employee
in--</DELETED>
<DELETED> (A) an ICI position that is--</DELETED>
<DELETED> (i) in--</DELETED>
<DELETED> (I) a covered agency other
than the covered agency employing the
employee; or</DELETED>
<DELETED> (II) an interagency body,
without regard to whether the employee
is employed by the agency in which the
interagency body is located;
and</DELETED>
<DELETED> (ii) in the same ICI as the
position in which the employee serves or has
served before serving in that ICI position;
or</DELETED>
<DELETED> (B) in a position in an interagency body
identified by the Committee under section
6(c)(2).</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) as a group are employees of multiple
agencies of the executive branch of the Government;
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (10) Political appointee.--The term ``political
appointee'' means an individual who--</DELETED>
<DELETED> (A) is employed in a position described
under sections 5312 through 5316 of title 5, United
States Code, (relating to the Executive
Schedule);</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (11) Relevant committees of congress.--The term
``relevant committees of Congress'' means--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (12) Senior position.--The term ``senior
position'' means--</DELETED>
<DELETED> (A) a Senior Executive Service position,
as defined in section 3132(a)(2) of title 5, United
States Code;</DELETED>
<DELETED> (B) a position in the Senior Foreign
Service established under the Foreign Service Act of
1980 (22 U.S.C. 3901 et seq.);</DELETED>
<DELETED> (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</DELETED>
<DELETED> (D) any other equivalent position
identified by the Committee.</DELETED>
<DELETED>SEC. 4. STRATEGY AND PLANNING REQUIREMENTS.</DELETED>
<DELETED> (a) National Security Human Capital Strategy.--</DELETED>
<DELETED> (1) Issuing of strategy.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Plan.--Each National Security Human Capital
Strategy issued under paragraph (1) shall include a plan that--
</DELETED>
<DELETED> (A) provides for the phased implementation
of this Act;</DELETED>
<DELETED> (B) contains graduated and specific
targets for the percentages of senior positions in an
ICI that--</DELETED>
<DELETED> (i) require interagency rotational
service as an eligibility
requirement;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) includes a schedule for the issuance
of directives relating to the requirements under this
Act by the Committee.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Reports on Implementation.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) implementation of the National
Security Human Capital Strategy and this Act;
and</DELETED>
<DELETED> (B) performance measures for the National
Security Human Capital Strategy and data on the
performance measures.</DELETED>
<DELETED>SEC. 5. COMMITTEE ON NATIONAL SECURITY PERSONNEL.</DELETED>
<DELETED> (a) Establishment.--There is established the Committee on
National Security Personnel within the Executive Office of the
President.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Chairperson.--The Director of the Office of Management
and Budget shall be the Chairperson of the Committee.</DELETED>
<DELETED> (d) Functions.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Directives.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Support and Implementation.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 6. NATIONAL SECURITY INTERAGENCY COMMUNITIES OF
INTEREST.</DELETED>
<DELETED> (a) Identification of ICIs.--The Committee--</DELETED>
<DELETED> (1) shall identify ICIs on an ongoing basis for
purposes of carrying out this Act; and</DELETED>
<DELETED> (2) may alter or discontinue an ICI identified
under paragraph (1).</DELETED>
<DELETED> (b) Identification of ICI Positions.--</DELETED>
<DELETED> (1) In general.--Subject to paragraph (4), the
head of each covered agency shall identify ICI positions within
that covered agency.</DELETED>
<DELETED> (2) Position with administrative or technical
duties.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Technology duties.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (ii) Information technology
positions.--A position that relates to
information technology may be identified as an
ICI position for an ICI relating to
cybersecurity.</DELETED>
<DELETED> (3) Other provisions.--</DELETED>
<DELETED> (A) Multiple icis.--A position may be
within more than one ICI.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Review and approval by the committee.--
</DELETED>
<DELETED> (A) In general.--The Committee shall--
</DELETED>
<DELETED> (i) provide guidance to the heads
of covered agencies concerning criteria for
identifying or changing the identification of
ICI positions;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) authorized to be made without
the advance authorization of the Committee
under subparagraph (A)(ii); or</DELETED>
<DELETED> (ii) approved by the Committee
under subparagraph (A)(iii).</DELETED>
<DELETED> (c) Interagency Bodies.--</DELETED>
<DELETED> (1) Identification.--</DELETED>
<DELETED> (A) In general.--The Committee shall
identify--</DELETED>
<DELETED> (i) entities in the executive
branch of the Government that are primarily
involved in interagency activities;
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Positions in interagency bodies.--</DELETED>
<DELETED> (A) In general.--For purposes of this
Act--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Identification of positions.--The
officials described or designated under subparagraph
(A) shall identify--</DELETED>
<DELETED> (i) positions within their
respective interagency bodies that are ICI
positions; and</DELETED>
<DELETED> (ii) positions within their
respective interagency bodies--</DELETED>
<DELETED> (I) that are not within an
ICI;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (III) for which service in
the position shall constitute
interagency rotational
service.</DELETED>
<DELETED> (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.</DELETED>
SEC. 7. ICI ROTATIONAL SERVICE.
<DELETED> (a) Exclusion of Senior Positions.--For purposes of this
section, the term ``ICI position'' does not include a senior
position.</DELETED>
<DELETED> (b) Rotations.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) within another covered agency or
within an interagency body; and</DELETED>
<DELETED> (B) within the same ICI.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the employee has particular
nongovernmental or other expertise or skills that are
relevant to the assigned ICI position; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Officers of the armed forces.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5) Return to prior position.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Voluntary Nature of Rotational Service.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Directives.--</DELETED>
<DELETED> (1) Identification of positions open for
rotational service.--The Committee shall--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Selection of ICI Positions Open for Rotational
Service.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Review of determination of ici positions open
for rotational service.--</DELETED>
<DELETED> (A) In general.--The Committee shall--
</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) authorized to be made without
the advance authorization of the Committee
under subparagraph (A)(ii); or</DELETED>
<DELETED> (ii) approved by the Committee
under subparagraph (A)(iii).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (f) Prevention of Need for Increased Personnel Levels.--
</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) other available employees.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (h) Collective Bargaining Rights and Other Personnel Law
Matters.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 8. INTERAGENCY ROTATIONAL SERVICE AS A REQUIREMENT FOR
SELECTION TO SENIOR POSITIONS IN ICIS.</DELETED>
<DELETED> (a) Requirement for Promotion to Selected Senior Positions
Within ICIs.--Except as otherwise provided in this section, the head of
each covered agency shall--</DELETED>
<DELETED> (1) designate ICI positions of the covered agency
that are senior positions for which interagency rotational
service shall be an eligibility requirement; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Exemptions.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) is not employed in the executive
branch of the Government when selected for the senior
position;</DELETED>
<DELETED> (B) is serving in a senior position that
is not an ICI position;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (D) entered service in the executive
branch of the Government at or above GS-15 of the
General Schedule, or equivalent;</DELETED>
<DELETED> (E) has prior service in another agency
that provides the employee with relevant experience in
the applicable ICI, as determined by the Committee;
or</DELETED>
<DELETED> (F) is in another class of employees
exempted from subsection (a) by the
Committee.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Waivers.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) there is a lack of qualified
candidates for the senior position who have satisfied
the requirement under subsection (a);</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) After year 15.--</DELETED>
<DELETED> (A) In general.--After the period
described in paragraph (3), the head of a covered
agency may issue a waiver under paragraph (1) if--
</DELETED>
<DELETED> (i) there are extraordinary
circumstances relating to the senior position;
and</DELETED>
<DELETED> (ii) the Committee concurs with
issuing the waiver.</DELETED>
<DELETED> (B) Nondelegation.--The authority to issue
a waiver under paragraph (1) may not be delegated after
the period described in paragraph (3).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Other Rotational Requirements.--</DELETED>
<DELETED> (1) Definitions.--In this subsection:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Officers of the armed forces.--Section 668(b)
of title 10, United States Code, is amended--</DELETED>
<DELETED> (A) by redesignating paragraph (2) as
paragraph (3); and</DELETED>
<DELETED> (B) by inserting after paragraph (1) the
following new paragraph (2):</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (4) Credit for service in another component within
an agency.--</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Performance Appraisals.--The Committee shall--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) require that--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 9. EDUCATION AND TRAINING FOR PERSONNEL SERVING IN
INTERAGENCY COMMUNITIES OF INTEREST.</DELETED>
<DELETED> (a) Training and Education Requirements.--</DELETED>
<DELETED> (1) Participation by personnel in ici positions.--
</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Contents of training.--The training and
education required under paragraph (1) shall include training
and education on--</DELETED>
<DELETED> (A) national security and homeland
security strategy, both general and as relevant to the
applicable ICI;</DELETED>
<DELETED> (B) the criticality of interagency
integration for accomplishing national security and
homeland security objectives in an efficient and
effective manner;</DELETED>
<DELETED> (C) the roles, functions, authorities,
cultures, and resources of agencies involved in the
applicable ICI; and</DELETED>
<DELETED> (D) practical skills and strategies for
ensuring maximum interagency cohesion, including
effective meeting management, project management,
negotiation, and interagency team-building.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Use of Consortium.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 10. INTERAGENCY PROCESS AND STRATEGIES TRAINING FOR
POLITICAL APPOINTEES.</DELETED>
<DELETED> (a) Establishment.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Interagency Personnel Rotation Act
of 2011''.
SEC. 2. 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 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 1 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 4(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 5(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
5(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 5(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 5(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. 4. 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 implement this Act 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 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
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 Act.
(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 Act.
(4) Staff.--
(A) In general.--Not more than 3 full-time
equivalent employees may be hired to assist the
Committee in implementation of this Act, 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. 5. NATIONAL SECURITY INTERAGENCY COMMUNITIES OF INTEREST.
(a) Identification of ICIs.--Subject to section 8, 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.--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 3(10)(A) or (C) or a position filled by
an employee described under section 3(10)(B);
and
(ii) for which service in the position
shall constitute interagency rotational
service.
SEC. 6. 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 5(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 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 Act 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
Act.
(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 5(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 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.''.
(n) Reporting.--Not later than October 1 of the first fiscal year
after the fiscal year in which this Act is enacted, and October 1 of
each fiscal year thereafter, the Committee shall submit to Congress--
(1) a consolidated list of ICI positions, which shall
include an explanation of the criteria governing the
identification of positions as being within the ICI; and
(2) a consolidated list of ICI positions made available for
service 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. 7. 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 at the end of the fiscal year 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 Act 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. 8. 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 Act.
(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 Act.
(c) Report.--Not later than 270 days after the date of enactment of
this Act, the Committee shall submit to Congress a plan for the
establishment of the ICI for emergency management and the ICI for
stabilization and reconstruction.
SEC. 9. 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, 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 Act;
(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 Act 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 Act;
(iv) reports by the heads of covered
agencies submitted under section 7(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 on Implementation.--
(1) In general.--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 issue 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 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, including information regarding 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 an implementation report under
subsection (b), the Committee shall submit that strategy or report 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 Act 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 4(e)(4)(B) in overseeing and
managing interagency rotational service under this Act,
including an evaluation of any directives or standards issued
by the Committee;
(3) the participation of covered agencies in interagency
rotational service under this Act, 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 Act,
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 Act 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 Act--
(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.
Calendar No. 540
112th CONGRESS
2d Session
S. 1268
[Report No. 112-235]
_______________________________________________________________________
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.
_______________________________________________________________________
November 13, 2012
Reported with an amendment