[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.