2000
[DOCID: f:s1800is.txt]
107th CONGRESS
1st Session
S. 1800
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
December 11, 2001
Mr. Durbin (for himself, Mr. Thompson, Mr. Akaka, and Ms. Collins)
introduced the following bill; which was read twice and referred to the
Committee on Governmental Affairs
_______________________________________________________________________
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 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 for the
purposes of the Pilot Program for Student Loan Forgiveness in
Areas of Critical Importance established under this section, in
consultation with an agency, 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 $
2000
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 such existing law;
``(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.
``(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 appropriation account from
which the amount involved was originally paid. Any amount so
credited shall be merged with other sums in such 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) 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 5-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 pe
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riod 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 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 for the
purposes of a program established for Fellowships for Graduate
Students to Enter Federal Services as established under this
section, in consultation with an agency, 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, 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 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 State;
``(iv) the Secretary of the Treasury;
``(v) the Attorney General;
``(vi) the Director of the Central
Intelligence Agency;
``(vii) the Director of the Federal Bureau
of Investigations;
``(viii) the Director of the National
Security Agency;
``(ix) the Secretary of Energy;
``(x) the Director of the Office of Science
and Technology Policy; and
``(xi) 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 th
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is
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 of 2001.
``(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 $21,500 per year.
``(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 of $21,500 per year.
``(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 2002, 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 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
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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)(3) of title 31, United States Code, is amended by
inserting before the semicolon the following: ``, and should 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;''.
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