[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 589 Reported in Senate (RS)]






                                                       Calendar No. 240
108th CONGRESS
  1st Session
                                 S. 589

                          [Report No. 108-119]

    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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 11, 2003

   Mr. Akaka (for himself, Mr. Durbin, Mr. Allen, Mr. Voinovich, Mr. 
Warner, Mr. Brownback, Mr. Chambliss, Mr. Rockefeller, and Ms. Collins) 
introduced the following bill; which was read twice and referred to the 
                   Committee on Governmental Affairs

                July 31 (legislative day, July 21), 2003

               Reported by Ms. Collins, without amendment

_______________________________________________________________________

                                 A BILL


 
    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''.

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 AREAS OF CRITICAL IMPORTANCE

SEC. 101. STUDENT LOAN REPAYMENTS.

    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 areas of critical importance
    ``(a) Definitions.--In this section:
            ``(1) Agency.--The term `agency' means an agency of 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) National security position.--The term `national 
        security position' means an employment position determined by 
        the Director of the Office of Personnel Management, in 
        consultation with an agency, for the purposes of the Pilot 
        Program for Student Loan Forgiveness in Areas of Critical 
Importance established under this section, to involve important 
homeland security applications.
            ``(3) Student loan.--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) Establishment and Operation.--
            ``(1) In general.--The Director of the Office of Personnel 
        Management shall, in order to recruit or retain highly 
        qualified professional personnel, establish a pilot program 
        under which the head of an 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.
            ``(2) Terms and conditions of payment.--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) Payments.--The amount paid by the agency on behalf of 
        an employee under this section may not exceed $10,000 towards 
        the remaining balance of the student loan for each year that 
        the employee remains in service in the position, except that 
        the employee must remain in such position for at least 3 years. 
        The maximum amount that may be paid on behalf of an employee 
        under this paragraph shall be $80,000.
            ``(4) Limitation.--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.
            ``(5) Rule of construction.--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 Office of Personnel 
                Management 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 
                pursuant to chapter 71 of title 5, United States Code, 
                or from the right of any incumbent of a national 
                security position determined by the Office of Personnel 
                Management pursuant to this section, from entitlement 
                to all rights and benefits under such chapter.
            ``(6) Fund.--As part of the program established under 
        paragraph (1), the Director shall establish a fund within the 
        Office of Personnel Management to be used by agencies to 
        provide the repayments authorized under the program.
    ``(c) General Provisions.--
            ``(1) Coordination.--The Director of the Office of 
        Personnel Management shall coordinate the program established 
        under this section with the heads of agencies to recruit 
        employees to serve in national security positions.
            ``(2) Reports.--
                    ``(A) Allocation and implementation.--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 manner in which the Director will 
                allocate funds and implement the program under this 
                section.
                    ``(B) Status and success.--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 on Congress on the 
                status of the program and its success 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.
    ``(d) Ineligible Employees.--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) Terms of Agreement.--
            ``(1) In general.--An employee selected to receive benefits 
        under this section shall agree in writing, before receiving any 
        such benefit, that the employee will--
                    ``(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) Service with other agency.--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) Recovery of amounts.--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) Waiver.--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) Crediting of account.--Any amount repaid by, or 
        recovered from, an individual (or an estate) under this 
        subsection shall be credited to the fund under subsection 
        (b)(6). Any amount so credited shall be merged with other sums 
        in such fund 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) Termination of Repayment.--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) Equal Employment.--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) Additional Benefit.--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) Appropriations Authorized.--For the purpose of enabling the 
Federal Government to recruit and retain employees critical to our 
national security pursuant to this section, there are authorized to be 
appropriated such sums as may be necessary to carry out this section 
for each fiscal year.
    ``(j) Length of Program.--The program under this section shall 
remain in effect for the 8-year period beginning on the date of 
enactment of this section. The 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) Regulations.--Not later than 2 months after the date of 
enactment of this section, the Director of the Office of Personnel 
Management shall propose regulations to carry out this section. Not 
later than 6 months after the date on which the comment period for the 
regulations proposed under the preceding sentence ends, the Secretary 
shall promulgate final regulations to carry out this section.''.

  TITLE II--FELLOWSHIPS FOR GRADUATE STUDENTS TO ENTER FEDERAL SERVICE

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

    Subchapter VII of chapter 53 of title 5, United States Code, as 
amended by section 101, is further amended by inserting after section 
5379A, the following:
``Sec. 5379B. Fellowships for graduate students to enter Federal 
              service
    ``(a) Definitions.--In this section:
            ``(1) Agency.--The term `agency' means an agency of 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 National Security 
Service Board under subsection (f).
            ``(2) Director.--The term `Director' means the Director of 
        the Office of Personnel Management.
            ``(3) 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).
            ``(4) National security position.--The term `national 
        security position' means an employment position determined by 
        the Director of the Office of Personnel Management, in 
        consultation with an agency, for the purposes of a program 
        established for Fellowships for Graduate Students to Enter 
        Federal Services as established under this section, to involve 
        important homeland security applications.
            ``(5) 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 Director 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.
    ``(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 Director);
            ``(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 Director 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 
        Director) and provide regularly scheduled updates to the 
        Director 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 Director; 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 Director, 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 
Director 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 Director 
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 Director shall consult and cooperate 
        with the National Security Service Board established under 
        paragraph (2) in the selection and placement of national 
        security fellows under this section.
            ``(2) National security service board.--
                    ``(A) Establishment of board.--There is established 
                the National Security Service Board.
                    ``(B) Membership.--The Board shall be composed of--
                            ``(i) the Director of the Office of 
                        Personnel Management, who shall serve as the 
                        chairperson of the Board;
                            ``(ii) the Secretary of Defense;
                            ``(iii) the Secretary of Homeland Security;
                            ``(iv) the Secretary of State;
                            ``(v) the Secretary of the Treasury;
                            ``(vi) the Attorney General;
                            ``(vii) the Director of the Central 
                        Intelligence Agency;
                            ``(viii) the Director of the Federal Bureau 
                        of Investigations;
                            ``(ix) the Director of the National 
                        Security Agency;
                            ``(x) the Secretary of Energy;
                            ``(xi) the Director of the Office of 
                        Science and Technology Policy; and
                            ``(xii) 2 employees, to be appointed by 
                        each of the officials described in clauses (ii) 
                        through (ix), of each Department for which such 
                        officials have responsibility for 
                        administering, of whom--
                                    ``(I) 1 shall perform senior level 
                                policy functions; and
                                    ``(II) 1 shall perform human 
                                resources functions.
                    ``(C) Functions.--The Board shall carry out the 
                following functions:
                            ``(i) Develop criteria for awarding 
                        fellowships under this section.
                            ``(ii) Provide for the wide dissemination 
                        of information regarding the activities 
                        assisted under this section.
                            ``(iii) 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.
                            ``(iv) Provide the Director semi-annually 
                        with a list of fellowship recipients, including 
                        an identification of their skills, who are 
                        available to work in a national security 
                        position.
                            ``(v) 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 
                        the Director to make reasonable efforts to hire 
                        and place the fellow in an appropriate national 
                        security position.
                            ``(vi) Review the administration of the 
                        program established under this section.
                            ``(vii) 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.
                            ``(viii) Carry out additional functions 
                        under section 301 of the Homeland Security 
                        Federal Workforce Act.
    ``(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.
    ``(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 
Director, 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) Appropriations Authorized.--For the purpose of enabling the 
Director to recruit and retain 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 subsequent fiscal year.
    ``(k) Rule of Construction.--Nothing in this section shall be 
construed--
            ``(1) to authorize the Office of Personnel Management 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 pursuant to 
        chapter 71 of title 5, United States Code, or from the right of 
        any incumbent of a national security position determined by the 
        Office of Personnel Management pursuant to this section, from 
        entitlement to all rights and benefits under such chapter.''.

               TITLE III--NATIONAL SECURITY SERVICE CORPS

SEC. 301. 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 an agency of 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) Board.--The term ``Board'' means the National Security 
        Service Board established under section 5379B(f)(2) of title 5, 
        United States Code.
            (3) Corps.--The term ``Corps'' means the National Security 
        Service Corps.
            (4) 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 Office of Personnel Management 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 Office of Personnel Management 
        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 Office of Personnel Management 
        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) Allowances, Privileges, etc.--An employee serving on a 
rotational basis with another agency pursuant to 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.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Office of Personnel Management such sums as may be 
necessary to carry out this section.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. CONTENT OF STRATEGIC PLANS.

    Section 306(a)(3) of title 5, United States Code, is amended by 
inserting before the semicolon the following: ``, a discussion of the 
extent to which specific skills in the agency's human capital are 
needed to achieve the mission, goals and objectives of the agency, 
especially to the extent the agency's mission, goals and objectives are 
critical to ensuring the national security''.

SEC. 402. PERFORMANCE PLANS.

    Section 1115(a) of title 31, United States Code, is amended--
            (1) by redesignating paragraphs (4) through (6) as 
        paragraphs (5) through (7), respectively; and
            (2) by inserting after paragraph (3) the following:
            ``(4) pursuant to paragraph (3), give special attention to 
        the extent to which specific skills are needed to accomplish 
        the performance goals and indicators that are critical to 
        ensuring the national security;''.

SEC. 403. GOVERNMENTWIDE PROGRAM PERFORMANCE REPORTS.

    Section 1116 of title 31, United States Code, is amended--
            (1) in subsection (b)(1), by inserting before the period 
        the following: ``, and shall specify which performance goals 
        and indicators are critical to ensuring the national 
        security''; and
            (2) in subsection (d)(3)--
                    (A) in subparagraph (B), by striking ``and'' at the 
                end;
                    (B) in subparagraph (C), by adding ``and'' after 
                the semicolon; and
                    (C) by adding at the end the following:
                    ``(D) whether human capital deficiencies in any way 
                contributed to the failure of the agency to achieve the 
                goal;''.


                                                       Calendar No. 240

108th CONGRESS

  1st Session

                                 S. 589

                          [Report No. 108-119]

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                                 A BILL

    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.

_______________________________________________________________________

                July 31 (legislative day, July 21), 2003

                       Reported without amendment