[Congressional Record Volume 149, Number 39 (Tuesday, March 11, 2003)]
[Senate]
[Pages S3512-S3516]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA (for himself, Mr. Durbin, Mr. Allen, and Mr. 
        Voinovich):
  S. 589. 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 personal 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; to the Committee on 
Governmental Affairs.
  Mr. AKAKA. Mr. President. Today I rise on behalf of myself and 
Senators Durbin, Allen and Voinovich to reintroduce the Homeland 
Security Federal Workforce Act. This is similar to legislation Senator 
Durbin, Senator Thompson, and I introduced in the 107th Congress. Like 
S. 1800, this bill is designed to strengthen the Federal Government's 
recruitment and retention efforts in the areas of science, mathematics, 
and foreign language where there is a growing absence of qualified 
personnel.
  In the weeks following the terrorist attacks of September 11, FBI 
Director Mueller made a plea on national television for speakers of 
Arabic and Farsi to help the FBI and national security agencies 
translate documents that were in our possession but which were left 
untranslated due to a shortage of employees with proficiency in those 
languages. The General Accounting Office has reported that agencies 
have shortages in translators and interpreters and an overall shortfall 
in the language proficiency levels needed to carry out their missions.
  The Federal Government also lacks personnel with scientific and 
engineering skills. On February 25, 2003, William Wulf, president of 
the National Academy of Engineering, noted that the supply of talented 
engineers in government is not keeping pace with growing demand. A 
recent poll found that a mere 24 percent of job seekers believe that 
the best engineering job opportunities are in the Federal Government 
compared to 52 percent for the private sector. In another example, a 
1999 report of the National Research Council found significant science 
and technology weaknesses throughout the Department of State. These 
shortfalls have real consequences that hamper our ability to monitor 
exports of military-sensitive technology and preventing proliferation 
of biological warfare expertise from the former Soviet Union.
  Now more than ever, we must make sure we have the right people with 
the right skills in the right place. On January 9, 2003, the Washington 
Post reported that six major agencies moving into the Department of 
Homeland Security could lose roughly a quarter to one-half of their 
employees to retirement over the next five years. The data shows that 
about twice as many employees at these six agencies will be eligible to 
retire by the end of 2008 than

[[Page S3513]]

are currently eligible. According to the data, the following 
percentages of employees will be eligible to retire: 59 percent at the 
Federal Emergency Management Agency; 54 percent of the Coast Guard; 46 
percent of the U.S. Customs Service; 44 percent of the Animal and Plant 
Health Inspection Service; 32 percent of the Immigration and 
Naturalization Service; and 22 percent of the Secret Service.
  An alarming 26,363 employees out of 67,166 in the six agencies would 
be eligible to retire in 2008. Unfortunately, the numbers for other 
Federal agencies are not any better.
  We need programs to recruit personnel with the skills necessary to 
protect our country. The Homeland Security Federal Workforce Act will 
do just that. Today, agencies are forced to decide between funding 
programs and investing in their workforce. This is a no-win situation 
and has prevented many agencies from fully utilizing the Federal 
student loan repayment program which is intended to be a powerful 
recruitment and retention tool. The Homeland Security Federal Workforce 
Act expands the existing student loan repayment program by authorizing 
funds for key national security agencies. The Act establishes a 
separate fund to be administered by the Office of Personnel Management, 
OPM, to repay student loans for employees in national security 
positions who pledge to serve in the government for a minimum of three 
years.
  In addition, our legislation would establish a National Security 
Service Board to oversee and implement the new National Security 
Fellowship Program and the National Security Service Corps. The 
National Security Fellowship Program is designed to fund graduate 
education for selected students learning skills critical to national 
security who agree to enter federal service on the completion of their 
degree.
  Current employees would not be neglected. Twenty percent of 
fellowship slots would be reserved for Federal employees to enhance 
their education and training. In addition, more training opportunities 
would be provided to current federal employees through the National 
Security Service Corps. This program is designed to provide 
opportunities for mid-level federal employees in agencies with national 
security responsibilities to serve in rotational assignments to build 
experience and widen perspectives within the national security 
community.
  Last March I chaired a hearing in the Subcommittee on International 
Security, Proliferation, and Federal Services of the Governmental 
Affairs Committee on this bill. Witnesses commented on the additional 
benefits this legislation could have on the ability of government 
recruitment and retention efforts. My former colleague, Representative 
Lee Hamilton, now the Director of the Woodrow Wilson International 
Center for Scholars, noted that, ``Enactment of these proposals would 
encourage more people to enter national security positions by easing 
the financial sacrifices often associated with graduate study and with 
government service.''
  The creation of the Department of Homeland Security once again raised 
concerns over the recruitment and retention of skilled employees in 
national security positions. To address these needs, Senator Voinovich 
and I successfully added an amendment to the Homeland Security Act to 
help alleviate problems associated with the workforce crisis facing the 
Federal Government. However, we must focus our efforts on recruiting 
and retaining employees with the technical and language skills the 
federal government needs the most. This legislation helps fill the 
holes in our recruitment and retention efforts.
  As the United States Commission on National Security/21st Century, 
also known as the Hart-Rudman Commission, concluded in 2001, `` . . . 
the maintenance of American power in the world depends upon the quality 
of U.S. government personnel, civil and military, at all levels . . . 
The U.S. faces a broader range of national security challenges today, 
requiring policy analysts and intelligence personnel with expertise in 
more countries, regions, and issues.'' The Homeland Security Federal 
Workforce Act will meet this challenge.
  I look forward to working with my colleagues to ensure that the 
Federal Government has the tools to put the right people with the right 
skills in the right place to protect our great Nation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 589

       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--

[[Page S3514]]

       ``(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

[[Page S3515]]

     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.--Noting 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

[[Page S3516]]

       (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;''.
                                 ______