[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 589 Referred in House (RFH)]

  1st Session
                                 S. 589


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 15, 2003

Referred to the Committee on Government Reform, and in addition to the 
     Committee on Education and the Workforce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 AN ACT


 
    To strengthen and improve the management of national security, 
 encourage Government service in areas of critical national security, 
    and to assist government agencies in addressing deficiencies in 
personnel possessing specialized skills important to national security 
    and incorporating the goals and strategies for recruitment and 
retention for such skilled personnel into the strategic and performance 
                management systems of Federal agencies.

    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 ``Homeland Security Federal Workforce 
Act of 2003''.

SEC. 2. FINDINGS, PURPOSE, AND EFFECT OF LAW.

    (a) Findings.--Congress makes the following findings:
            (1) The security of the United States requires the fullest 
        development of the intellectual resources and technical skills 
        of its young men and women.
            (2) The security of the United States depends upon the 
        mastery of modern techniques developed from complex scientific 
        principles. It depends as well upon the discovery and 
        development of new principles, new techniques, and new 
        knowledge.
            (3) The United States finds itself on the brink of an 
        unprecedented human capital crisis in Government. Due to 
        increasing competition from the private sector in recruiting 
        high-caliber individuals, Government departments and agencies, 
        particularly those involved in national security affairs, are 
        finding it hard to attract and retain talent.
            (4) The United States must strengthen Federal civilian and 
        military personnel systems in order to improve recruitment, 
        retention, and effectiveness at all levels.
            (5) The ability of the United States to exercise 
        international leadership is, and will increasingly continue to 
        be, based on the political and economic strength of the United 
        States, as well as on United States military strength around 
        the world.
            (6) The Federal Government has an interest in ensuring that 
        the employees of its departments and agencies with national 
        security responsibilities are prepared to meet the challenges 
        of this changing international environment.
            (7) In January 2001, the General Accounting Office reported 
        that, at the Department of Defense ``attrition among first-time 
        enlistees has reached an all-time high. The services face 
        shortages among junior officers, and problems in retaining 
        intelligence analysts, computer programmers, and pilots.'' The 
        General Accounting Office also warned of the Immigration and 
        Naturalization Service's ``lack of staff to perform 
        intelligence functions and unclear guidance for retrieving and 
        analyzing information.''
            (8) The United States Commission on National Security also 
        cautioned that ``the U.S. need for the highest quality human 
        capital in science, mathematics, and engineering is not being 
        met.'' The Commission wrote, ``we must ensure the highest 
        caliber human capital in public service. U.S. national security 
        depends on the quality of the people, both civilian and 
        military, serving within the ranks of government.''
            (9) The events on and after September 11th have highlighted 
        the weaknesses in the Federal and State government's human 
        capital and its personnel management practices, especially as 
        it relates to our national security.
    (b) Purposes.--It is the purpose of this Act to--
            (1) provide attractive incentives to recruit capable 
        individuals for Government and military service; and
            (2) provide the necessary resources, accountability, and 
        flexibility to meet the national security educational needs of 
        the United States, especially as such needs change over time.
    (c) Effect of Law.--Nothing in this Act, or an amendment made by 
this Act, shall be construed to affect the collective bargaining unit 
status or rights of any Federal employee.

TITLE I--PILOT PROGRAM FOR STUDENT LOAN REPAYMENT FOR FEDERAL EMPLOYEES 
                     IN NATIONAL SECURITY POSITIONS

SEC. 101. STUDENT LOAN REPAYMENTS.

    (a) In General.--Subchapter VII of chapter 53 of title 5, United 
States Code, is amended by inserting after section 5379, the following:
``Sec. 5379a. Pilot program for student loan repayment for Federal 
              employees in national security positions
    ``(a) In this section:
            ``(1) The term `agency' means the Department of Defense, 
        the Department of Homeland Security, the Department of State, 
        the Department of Energy, the Department of the Treasury, the 
        Department of Justice, the National Security Agency, and the 
        Central Intelligence Agency.
            ``(2) The term `national security position' means an 
        employment position determined by the head of an agency for the 
        purposes of a pilot program established under this section, to 
        involve important homeland security applications.
            ``(3) The term `student loan' means--
                    ``(A) a loan made, insured, or guaranteed under 
                part B of title IV of the Higher Education Act of 1965 
                (20 U.S.C. 1071 et seq.);
                    ``(B) a loan made under part D or E of title IV of 
                the Higher Education Act of 1965 (20 U.S.C. 1087a et 
                seq., 1087aa et seq.); and
                    ``(C) a health education assistance loan made or 
                insured under part A of title VII of the Public Health 
                Service Act (42 U.S.C. 292 et seq.) or under part E of 
                title VIII of such Act (42 U.S.C. 297a et seq.).
    ``(b)(1) The head of an agency shall, in order to recruit or retain 
highly qualified professional personnel, establish a pilot program 
under which the head of that agency may agree to repay (by direct 
payments on behalf of the employee) any student loan previously taken 
out by such employee if the employee is employed by the agency in a 
national security position. The head of an agency may provide for a 
program to apply to, and be administered with respect to, 1 or more 
organizational units of the agency.
    ``(2) Payments under this section shall be made subject to such 
terms, limitations, or conditions as may be mutually agreed to by the 
agency and employee concerned.
    ``(3) The amount paid by the agency on behalf of an employee under 
this section may not exceed $10,000 in any calendar year toward the 
remaining balance of the student loan for each year that the employee 
remains in service in the position, except that the employee shall 
remain in such position for at least 3 years. The maximum total amount 
that may be paid on behalf of an employee under this paragraph shall be 
$60,000.
    ``(4) An employee may participate in the program under section 5379 
and any program under this section at the same time, except the total 
amount paid by all agencies on behalf of that employee under section 
5379 and this section may not exceed--
            ``(A) $10,000 in any calendar year; or
            ``(B) $60,000 in total.
    ``(5) Nothing in this section shall be considered to authorize an 
agency to pay any amount to reimburse an employee for any repayments 
made by such employee prior to the agency's entering into an agreement 
under this section with such employee.
    ``(6) Nothing in this section shall be construed--
            ``(A) to affect student loan repayment programs existing on 
        the date of enactment of this section;
            ``(B) to revoke or rescind any existing law, collective 
        bargaining agreement, or recognition of a labor organization;
            ``(C) to authorize the head of an agency to determine 
        national security positions for any other purpose other than to 
        make such determinations as are required by this section in 
        order to carry out the purposes of this section; or
            ``(D) as a basis for determining the exemption of any 
        position from inclusion in a bargaining unit under chapter 71 
        of title 5, United States Code, or from the right of any 
        incumbent of a national security position determined by the 
        head of an agency under this section, from entitlement to all 
        rights and benefits under such chapter.
    ``(c)(1)(A) Not later than 6 months after the date of enactment of 
this section, the Director of the Office of Personnel Management shall 
report to the appropriate committees of Congress on the implementation 
of the program under this section.
    ``(B) Not later than 4 years after the date of enactment of this 
section, the Director of the Office of Personnel Management shall 
report to the appropriate committees of Congress on the status of the 
programs established under this section and the success of such 
programs in recruiting and retaining employees for national security 
positions, including an assessment as to whether the program should be 
expanded to other agencies or to non-national security positions to 
improve overall Federal workforce recruitment and retention.
    ``(2) The head of each agency establishing a program under this 
section shall provide any necessary information to the Office of 
Personnel Management to carry out this subsection.
    ``(d) An employee shall not be eligible for benefits under this 
section if such employee--
            ``(1) occupies a position that is excepted from the 
        competitive service because of its confidential, policy-
        determining, policy-making, or policy-advocating character; or
            ``(2) does not occupy a national security position.
    ``(e)(1) An employee selected to receive benefits under this 
section shall agree in writing, before receiving any such benefit, that 
the employee shall--
            ``(A) remain in the service of the agency in a national 
        security position for a period to be specified in the 
        agreement, but not less than 3 years, unless involuntarily 
        separated; and
            ``(B) if separated involuntarily on account of misconduct, 
        or voluntarily, before the end of the period specified in the 
        agreement, repay to the Government the amount of any benefits 
        received by such employee from that agency under this section.
    ``(2) The repayment provided for under paragraph (1)(B) may not be 
required of an employee who leaves the service of such employee's 
agency voluntarily to enter into the service of any other agency unless 
the head of the agency that authorized the benefits notifies the 
employee before the effective date of such employee's entrance into the 
service of the other agency that repayment will be required under this 
subsection.
    ``(3) If an employee who is involuntarily separated on account of 
misconduct or who (excluding any employee relieved of liability under 
paragraph (2)) is voluntarily separated before completing the required 
period of service fails to repay the amount provided for under 
paragraph (1)(B), a sum equal to the amount outstanding is recoverable 
by the Government from the employee (or such employee's estate, if 
applicable) by--
            ``(A) setoff against accrued pay, compensation, amount of 
        retirement credit, or other amount due the employee from the 
        Government; and
            ``(B) such other method as is provided for by law for the 
        recovery of amounts owing to the Government.
    ``(4) The head of the agency concerned may waive, in whole or in 
part, a right of recovery under this subsection if it is shown that 
recovery would be against equity and good conscience or against the 
public interest.
    ``(5) Any amount repaid by, or recovered from, an individual (or an 
estate) under this subsection shall be credited to the appropriation, 
fund, or account from which the original payment was made. Any amount 
so credited shall be merged with other sums in such appropriation, 
fund, or account and shall be available for the same purposes and 
period, and subject to the same limitations (if any), as the sums with 
which merged.
    ``(f) An employee receiving benefits under this section from an 
agency shall be ineligible for continued benefits under this section 
from such agency if the employee--
            ``(1) separates from such agency; or
            ``(2) does not maintain an acceptable level of performance, 
        as determined under standards and procedures which the agency 
        head shall by regulation prescribe.
    ``(g) In selecting employees to receive benefits under this 
section, an agency shall, consistent with the merit system principles 
set forth in paragraphs (1) and (2) of section 2301(b) of this title, 
take into consideration the need to maintain a balanced workforce in 
which women and members of racial and ethnic minority groups are 
appropriately represented in Government service.
    ``(h) Any benefit under this section shall be in addition to basic 
pay and any other form of compensation otherwise payable to the 
employee involved.
    ``(i)(1) Not later than 60 days after the date of enactment of this 
section and after consultations with the heads of agencies, the Office 
of Personnel Management shall propose regulations for criteria to be 
used by the heads of agencies to make determinations of national 
security positions.
    ``(2) Not later than 180 days after the date on which the comment 
period for proposed regulations under paragraph (1) ends, the Office of 
Personnel Management shall promulgate final regulations containing such 
criteria.
    ``(j) A program established under this section may remain in effect 
for the 8-year period beginning on the date of enactment of this 
section. Such program shall continue to pay employees recruited under 
this program who are in compliance with this section their benefits 
through their commitment period regardless of the preceding sentence.
    ``(k) For the purpose of enabling the Federal Government to recruit 
and retain employees critical to the national security under this 
section, there are authorized to be appropriated such sums as may be 
necessary to carry out this section for each fiscal year.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 53 of title 5, United States Code, is amended by inserting 
after the item relating to section 5379 the following:

``5379a. Pilot program for student loan repayment for Federal employees 
                            in national security positions.''.

 TITLE II--FELLOWSHIPS FOR GRADUATE STUDENTS TO ENTER FEDERAL SERVICE 
                  AND NATIONAL SECURITY SERVICE CORPS

SEC. 201. FELLOWSHIPS FOR GRADUATE STUDENTS TO ENTER FEDERAL SERVICE.

    The David L. Boren National Security Education Act of 1991 (50 
U.S.C. 1901 et seq.) is amended by inserting after section 802 the 
following:

``SEC. 802A. FELLOWSHIPS FOR GRADUATE STUDENTS TO ENTER FEDERAL 
              SERVICE.

    ``(a) Definitions.--In this section:
            ``(1) Agency.--The term `agency' means the Department of 
        Defense, the Department of Homeland Security, the Department of 
        State, the Department of Energy, the Department of the 
        Treasury, the Department of Justice, the National Security 
        Agency, and the Central Intelligence Agency, and other Federal 
        Government agencies as determined by the Board.
            ``(2) Institution of higher education.--The term 
        `institution of higher education' has the meaning given to such 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            ``(3) National security position.--The term `national 
        security position' means an employment position determined by 
        the Board, in consultation with an agency, for the purposes of 
        a program established under this section, to involve important 
        homeland security applications.
            ``(4) Science.--The term `science' means any of the natural 
        and physical sciences including chemistry, biology, physics, 
        and computer science. Such term does not include any of the 
        social sciences.
    ``(b) In General.--The Board shall establish and implement a 
program for the awarding of fellowships (to be known as `National 
Security Fellowships') to graduate students who, in exchange for 
receipt of the fellowship, agree to employment with the Federal 
Government in a national security position. The Board may provide for 
the program to apply to, and be administered with respect to, 1 or more 
organizational units of an agency.
    ``(c) Eligibility.--To be eligible to participate in the program 
established under subsection (b), a student shall--
            ``(1) have been accepted into a graduate school program at 
        an accredited institution of higher education within the United 
        States and be pursuing or intend to pursue graduate education 
        in the United States in the disciplines of foreign languages, 
        science, mathematics, engineering, nonproliferation education, 
        or other international fields that are critical areas of 
        national security (as determined by the Board);
            ``(2) be a United States citizen, United States national, 
        permanent legal resident, or citizen of the Freely Associated 
        States; and
            ``(3) agree to employment with an agency or office of the 
        Federal Government in a national security position.
    ``(d) Service Agreement.--In awarding a fellowship under the 
program under this section, the Board shall require the recipient to 
enter into an agreement under which, in exchange for such assistance, 
the recipient--
            ``(1) will maintain satisfactory academic progress (as 
        determined in accordance with regulations issued by the Board) 
        and provide regularly scheduled updates to the Board on the 
        progress of their education and how their employment continues 
        to relate to a national security objective of the Federal 
        Government;
            ``(2) will, upon completion of such education, be employed 
        by the agency for which the fellowship was awarded for a period 
        of at least 3 years as specified by the Board; and
            ``(3) agrees that if the recipient is unable to meet either 
        of the requirements described in paragraph (1) or (2), the 
        recipient will reimburse the United States for the amount of 
        the assistance provided to the recipient under the fellowship, 
        together with interest at a rate determined in accordance with 
        regulations issued by the Board, but not higher than the rate 
        generally applied in connection with other Federal education 
        loans.
    ``(e) Federal Employment Eligibility.--If a recipient of a 
fellowship under this section demonstrates to the satisfaction of the 
Board that, after completing their education, the recipient is unable 
to obtain a national security position in the Federal Government 
because such recipient is not eligible for a security clearance or 
other applicable clearance necessary for such position, the Board may 
permit the recipient to fulfill the service obligation under the 
agreement under subsection (d) by working in another office or agency 
in the Federal Government for which their skills are appropriate, by 
teaching math, science, or foreign languages, or by performing 
research, at an institution of higher education, for a period of not 
less than 3 years, in the area of study for which the fellowship was 
awarded.
    ``(f) Fellowship Selection.--
            ``(1) In general.--The Board shall consult with agencies in 
        the selection and placement of national security fellows under 
        this section.
            ``(2) Functions.--The Board shall carry out the following 
        functions:
                    ``(A) Develop criteria for awarding fellowships 
                under this section.
                    ``(B) Provide for the wide dissemination of 
                information regarding the activities assisted under 
                this section.
                    ``(C) Establish qualifications for students 
                desiring fellowships under this section, including a 
                requirement that the student have a demonstrated 
                commitment to the study of the discipline for which the 
                fellowship is to be awarded.
                    ``(D) Provide for the establishment and semiannual 
                update of a list of fellowship recipients, including an 
                identification of their skills, who are available to 
                work in a national security position.
                    ``(E) Not later than 30 days after a fellowship 
                recipient completes the study or education for which 
                assistance was provided under this section, work in 
                conjunction with agencies to make reasonable efforts to 
                hire and place the fellow in an appropriate national 
                security position.
                    ``(F) Review the administration of the program 
                established under this section.
                    ``(G) Develop and provide to Congress a strategic 
                plan that identifies the skills needed by the Federal 
                national security workforce and how the provisions of 
                this Act, and related laws, regulations, and policies 
                will be used to address such needs.
    ``(g) Special Consideration for Current Federal Employees.--
            ``(1) Set aside of fellowships.--Twenty percent of the 
        fellowships awarded under this section shall be set aside for 
        Federal employees who are working in national security 
        positions on the date of enactment of this section to enhance 
        the education and training of such employees in areas important 
        to national security.
            ``(2) Full- or part-time education.--Federal employees who 
        are awarded fellowships under paragraph (1) shall be permitted 
        to obtain advanced education under the fellowship on a full-
        time or part-time basis.
            ``(3) Part-time education.--A Federal employee who pursues 
        education or training under a fellowship under paragraph (1) on 
        a part-time basis shall be eligible for a stipend in an amount 
        which, when added to the employee's part-time compensation, 
        does not exceed the amount described in subsection (i)(2).
    ``(h) Fellowship Service.--Any individual under this section who is 
employed by the Federal Government in a national security position 
shall be able to count the time that the individual spent in the 
fellowship program towards the time requirement for a reduction in 
student loans as described in section 5379a of title 5, United States 
Code.
    ``(i) Amount of Award.--A National Security Fellow who complies 
with the requirements of this section may receive funding under the 
fellowship for up to 3 years at an amount determined appropriate by the 
Board, but not to exceed the sum of--
            ``(1) the amount of tuition paid by the fellow; and
            ``(2) a stipend in an amount equal to the maximum stipend 
        available to recipients of fellowships under section 10 of the 
        National Science Foundation Act of 1950 (42 U.S.C. 1869) for 
        the year involved.
    ``(j) Consultation With Chief Human Capital Officers.--The Board 
shall consult with the chief human capital officers of participating 
agencies in carrying out this section.
    ``(k) Rule of Construction.--Nothing in this section shall be 
construed--
            ``(1) to authorize the Board to determine national security 
        positions for any other purpose other than to make such 
        determinations as are required by this section in order to 
        carry out the purposes of this section; and
            ``(2) as a basis for determining the exemption of any 
        position from inclusion in a bargaining unit under chapter 71 
        of title 5, United States Code, or from the right of any 
        incumbent of a national security position determined by the 
        Board under this section, from entitlement to all rights and 
        benefits under such chapter.
    ``(l) Authorization of Appropriations.--For the purpose of enabling 
the Board to provide for the recruitment and retention of highly 
qualified employees in national security positions, there are 
authorized to be appropriated $100,000,000 for fiscal year 2004, and 
such sums as may be necessary for each fiscal year thereafter.''.

SEC. 202. NATIONAL SECURITY SERVICE CORPS.

    The David L. Boren National Security Education Act of 1991 (50 
U.S.C. 1901 et seq.) is amended by inserting after section 802a (as 
added by section 201 of this Act) the following:

``SEC. 802B. NATIONAL SECURITY SERVICE CORPS.

    ``(a) Findings and Purposes.--
            ``(1) Findings.--Congress finds that--
                    ``(A) a proficient national security workforce 
                requires certain skills and knowledge, and effective 
                professional relationships; and
                    ``(B) a national security workforce will benefit 
                from the establishment of a National Security Service 
                Corps.
            ``(2) Purposes.--The purposes of this section are to--
                    ``(A) provide mid-level employees in national 
                security positions within agencies the opportunity to 
                broaden their knowledge through exposure to other 
                agencies;
                    ``(B) expand the knowledge base of national 
                security agencies by providing for rotational 
                assignments of their employees at other agencies;
                    ``(C) build professional relationships and contacts 
                among the employees and agencies of the national 
                security community; and
                    ``(D) invigorate the national security community 
                with exciting and professionally rewarding 
                opportunities.
    ``(b) Definitions.--In this section:
            ``(1) Agency.--The term `agency' means the Department of 
        Defense, the Department of Homeland Security, the Department of 
        State, the Department of Energy, the Department of the 
        Treasury, the Department of Justice, and the National Security 
        Agency.
            ``(2) Corps.--The term `Corps' means the National Security 
        Service Corps.
            ``(3) Corps position.--The term `corps position' means a 
        position that--
                    ``(A) is a position--
                            ``(i) at or above GS-12 of the General 
                        Schedule; or
                            ``(ii) in the Senior Executive Service;
                    ``(B) the duties of which do not relate to 
                intelligence support for policy; and
                    ``(C) is designated by the head of an agency as a 
                Corps position.
    ``(c) Goals and Administration.--The Board shall--
            ``(1) formulate the goals of the Corps;
            ``(2) resolve any issues regarding the feasibility of 
        implementing this section;
            ``(3) evaluate relevant civil service rules and regulations 
        to determine the desirability of seeking legislative changes to 
        facilitate application of the General Schedule and Senior 
        Executive Service personnel systems to the Corps;
            ``(4) create specific provisions for agencies regarding 
        rotational programs;
            ``(5) formulate interagency compacts and cooperative 
        agreements between and among agencies relating to--
                    ``(A) the establishment and function of the Corps;
                    ``(B) incentives for individuals to participate in 
                the Corps;
                    ``(C) professional education and training;
                    ``(D)(i) the process for competition for a Corps 
                position;
                    ``(ii) which individuals may compete for Corps 
                positions; and
                    ``(iii) any employment preferences an individual 
                participating in the Corps may have when returning to 
                the employing agency of that individual; and
                    ``(E) any other issues relevant to the 
                establishment and continued operation of the Corps; and
            ``(6) not later than 180 days after the date of enactment 
        of this section, submit a report to the Office of Personnel 
        Management on all findings and relevant information on the 
        establishment of the Corps.
    ``(d) Corps.--
            ``(1) Proposed regulations.--Not later than 180 days after 
        the date on which the report is submitted under subsection 
        (c)(6), the Board shall publish in the Federal Register, 
        proposed regulations describing the purpose, and providing for 
        the establishment and operation of the Corps.
            ``(2) Comment period.--The Board shall provide for--
                    ``(A) a period of 60 days for comments from all 
                stakeholders on the proposed regulations; and
                    ``(B) a period of 180 days following the comment 
                period for making modifications to the regulations.
            ``(3) Final regulations.--After the 180-day period 
        described under paragraph (2)(B), the Board shall promulgate 
        final regulations that--
                    ``(A) establish the Corps;
                    ``(B) provide guidance to agencies to designate 
                Corps positions;
                    ``(C) provide for individuals to perform periods of 
                service of not more than 2 years at a Corps position 
                within agencies on a rotational basis;
                    ``(D) establish eligibility for individuals to 
                participate in the Corps;
                    ``(E) enhance career opportunities for individuals 
                participating in the Corps;
                    ``(F) provide for the Corps to develop a group of 
                policy experts with broad-based experience throughout 
                the executive branch; and
                    ``(G) provide for greater interaction among 
                agencies with traditional national security functions.
            ``(4) Actions by agencies.--Not later than 180 days after 
        the promulgation of final regulations under paragraph (3), each 
        agency shall--
                    ``(A) designate Corps positions;
                    ``(B) establish procedures for implementing this 
                section; and
                    ``(C) begin active participation in the operation 
                of the Corps.
    ``(e) Consultation With Chief Human Capital Officers.--The Board 
shall consult with the chief human capital officers of participating 
agencies in carrying out this section.
    ``(f) Allowances, Privileges, and Benefits.--An employee serving on 
a rotational basis with another agency under this section is deemed to 
be detailed and, for the purpose of preserving allowances, privileges, 
rights, seniority, and other benefits with respect to the employee, is 
deemed to be an employee of the original employing agency and is 
entitled to the pay, allowances, and benefits from funds available to 
that agency.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Board such sums as may be necessary to carry out 
this section.''.

SEC. 203. TECHNICAL AND CONFORMING AMENDMENTS.

    The David L. Boren National Security Education Act of 1991 (50 
U.S.C. 1901 et seq.) is amended--
            (1) in section 803(b)--
                    (A) by redesignating paragraphs (5) through (7) as 
                paragraphs (7) through (9), respectively; and
                    (B) by inserting after paragraph (4) the following:
            ``(5) The Secretary of Homeland Security.
            ``(6) The Attorney General of the United States.'';
            (2) in section 803(c), by striking ``subsection (b)(6)'' 
        and inserting ``subsection (b)(8)'';
            (3) in section 804(b)(1), by inserting ``, including 
        section 802a'' before the semicolon;
            (4) by inserting after section 807, the following:

``SEC. 807A. NONAPPLICATION OF PROVISIONS TO CERTAIN GRADUATE STUDENT 
              FELLOWSHIPS AND THE NATIONAL SECURITY SERVICE CORPS.

    ``Sections 805, 806, and 807 shall not apply with respect to 
section 802a or 802b.''; and
            (5) in section 808(4), by striking ``The term'' and 
        inserting ``Except as provided under section 802a, the term''.

                  TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. STRATEGIC PLANS.

    Section 306(a) of title 5, United States Code, is amended--
            (1) by striking paragraph (3) and inserting the following:
            ``(3) a description of how the goals and objectives are to 
        be achieved, including a description of the operational 
        processes, training, skills and technology, and the human, 
        capital, information, and other resources required to meet 
        those goals and objectives.'';
            (2) by redesignating paragraphs (4) through (6) as 
        paragraphs (5) through (7), respectively; and
            (3) by inserting after paragraph (3) the following:
            ``(4) a discussion of the extent to which the specific 
        skills in the agency's human capital are needed to achieve the 
        mission, goals, and objectives of the agency;''.

            Passed the Senate November 5, 2003.

            Attest:

                                             EMILY J. REYNOLDS,

                                                             Secretary.