ACQUISITION WORKFORCE ENHANCEMENTS

SEC. 1206. ACQUISITION WORKFORCE ENHANCEMENTS (a) Degree Training.— Section 4107 of title 5, United States Code, is amended— (1) in subsection (c), by striking “This” and inserting “Except as provided in subsection (d) of this section, this”; and (2) by inserting after subsection (c) the following: “(d) (1) The regulations prescribed under section 4118 of this title shall include provisions under which the head of an agency may provide training, or payment or reimbursement for the costs of any training, not otherwise allowable under subsection (c) of this section, if necessary to assist in the recruitment or retention of employees in occupations in which the Government has or anticipates a shortage of qualified personnel, especially in occupations involving critical skills (as defined under such regulations). “(2) In exercising any authority under this subsection, 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. “(3) No authority under this subsection may be exercised on behalf of any employee occupying or seeking to qualify for appointment to any position which is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character.”. (b) Repayment of Student Loans.— (1) Subchapter VII of chapter 53 of title 5, United States Code, is amended by adding at the end the following: “§ 5379. Student loan repayments “(a) (1) For the purpose of this section— “(A) the term ‘agency’ means an agency under subparagraph (A), (B), (C), (D), or (E) of section 4101(1) of this title; and “(B) the term ‘student loan’ means— “(i) a loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965; “(ii) a loan made under part E of title IV of the Higher Education Act of 1965; and “(iii) a health education assistance loan made or insured under part C of title VII of Public Health Service Act or under part B of title VIII of such Act. “(2) An employee shall be ineligible for benefits under this section if such employee occupies a position which— “(A) is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy advocating character; or “(B) is not subject to subchapter III of this chapter. 104 STAT. 1660 “(b) (1) The head of an agency may, in order to recruit or retain highly Qualified professional, technical, or administrative personnel, establish a program under which the agency may agree to repay (by direct payments on behalf of the employee) any student loan previously taken out by such employee. “(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, except that the amount paid by an agency under this section may not exceed— “(A) $6,000 for any employee in any calendar year; or “(B) a total of $40,000 in the case of any employee. “(3) 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. “(c) (1) An employee selected to receive benefits under this section must agree in writing, before receiving any such benefit, that the employee will— “(A) remain in the service of the agency for a period specified in the agreement (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 payment agreed to under paragraph (1)(B) of this subsection 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 payment 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) of this subsection) is voluntarily separated before completing the required period of service fails to repay the amount agreed to under paragraph (1)(B) of this subsection, 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 by law for the recovery of amounts owing to the Government. 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. “(4) 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. “(d) 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— 104 STAT. 1661 “(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. “(e) 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. “(f) Any benefit under this section shall be in addition to basic pay and any other form of compensation otherwise payable to the employee involved. “(g) The Director of the Office of Personnel Management, after consultation with heads of a representative number and variety of agencies and any other consultation which the Director considers appropriate, shall prescribe regulations containing such standards and requirements as the Director considers necessary to provide for reasonable uniformity among programs under this section.”. (2) The table of sections for chapter 53 of title 5, United States Code, is amended by adding after the item relating to section 5375 the following: “5379. Student loan repayment.”. (c) Relocation Expenses.— Section 5724a(a)(2) of title 5, United States Code, is amended by striking out “continental” in the second sentence. (d) Expenses Related to Death of Employees in Specified Circumstances.— Section 5742 of title 5, United States Code, is amended— (1) in subsection (b), by inserting “continental” after “outside the” each place it appears in paragraphs (1) and (2); and (2) by adding at the end the following new subsection: “(e) Employees covered by this section include an employee who has been reassigned away from the employee’s home of record pursuant to a mandatory mobility agreement executed as a condition of employment.”. (e) Optional Exclusion of Performance Ratings for Certain Temporary Employees.— Section 4301(2) of title 5, United States Code, is amended— (1) by striking out “or” at the end of subparagraph (F); (2) by striking out “and” at the end of subparagraph (G) and inserting in lieu thereof “or”; and (3) by inserting after subparagraph (G) the following new subparagraph: “(H) an individual who (i) is serving in a position under a temporary appointment for less than one year, (ii) agrees to serve without a performance evaluation, and (iii) will not be considered for a reappointment or for an increase in pay based in whole or in part on performance; and ”. (f) Suspension of Restrictions on Appointment of Retired Members of the Armed Forces to Positions in the Department of Defense.— Section 3326 of title 5, United States Code, shall not be in effect for the period beginning on the date of the enactment of this Act and ending two years after such date. 104 STAT. 1662 (g) Adjustment of Amount Payable on the Basis of Duty at Remote Worksite.— Section 5942 of title 5, United States Code, is amended— (1) by inserting “(a)” before “Notwithstanding”; and (B) by adding at the end the following new subsection: “(b) Under procedures prescribed by the President, the maximum allowance specified in subsection (a) may be adjusted from time to time in the interest of recruiting and retaining employees for performance of duty at remote worksites.”. (h) Separate Maintenance Allowance for Employees in Panama.— Section 5924(3) of title 5, United States Code, is amended by adding at the end the following: “Notwithstanding section 1217(d) of the Panama Canal Act of 1979 (22 U.S.C. 3657(d)), for the purposes of this paragraph, the term ‘foreign area’ includes the Republic of Panama.”. (i) Critical-Position Pay Authority.— (1) In general.— Subchapter VII of chapter 53 of title 5, United States Code, as amended by subsection (b), is further amended by adding at the end the following new section: “§ 5380. Pay authority for critical positions “(a) For the purpose of this section— “(1) the term ‘agency’ has the meaning given it by section 5102; and “(2) the term ‘position’ means— “(A) a position to which chapter 51 applies, including a position in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; “(B) a position under the Executive Schedule under sections 5312–5317 of this title; “(C) a position to which section 5372 of this title applies (or would apply, but for this section); and “(D) a position to which section 5372a of this title applies (or would apply, but for this section). “(b) Authority under this section— “(1) may be granted or exercised only with respect to a position— “(A) which requires expertise of an extremely high level in a scientific, technical, professional, or administrative field; and “(B) which is critical to the agency’s successful accomplishment of an important mission; and “(2) may be granted or exercised only to the extent necessary to recruit or retain an individual exceptionally well qualified for the position. “(c) The Office of Personnel Management may, upon the request of the head of an agency, grant authority to fix the rate of basic pay for 1 or more positions in such agency in accordance with this section. “(d) (1) The rate of basic pay fixed under this section by an agency head may not be less than the rate of basic pay (including any comparability payments) which would then otherwise be payable for the position involved if this section had never been enacted. “(2) Basic pay may not be fixed under this section at a rate greater than the rate payable for level I of the Executive Schedule, except upon written approval of the President. 104 STAT. 1663 “(e) The authority to fix the rate of basic pay under this section for a position shall terminate— “(1) whenever the Office determines (in accordance with such procedures and subject to such terms or conditions as the Office by regulation prescribes) that 1 or more of the requirements of subsection (b) are no longer met; or “(2) as of such date as the Office may otherwise specify, except that termination under this paragraph may not take effect before the authority has been available for such position for at least 1 calendar year. “(f) The Office may not authorize the exercise of authority under this section with respect to more than 800 positions at any time, of which not more than 30 may, at any such time, be positions the rate of basic pay for which would otherwise be determined under subchapter II. “(g) The Office shall consult with the Office of Management and Budget before prescribing regulations under this section or making any decision to grant or terminate any authority under this section. “(h) The Office of Personnel Management shall report to the Committee on Post Office and Civil Service of the House of Representatives and the Committee on Governmental Affairs of the Senate each year, in writing, on the operation of this section. Each report under this subsection shall include— “(1) the number of positions, in the aggregate and by agency, for which higher rates of pay were authorized or paid under this section during any part of the period covered by such report; and “(2) the name of each employee to whom a higher rate of pay was paid under this section during any portion of the period covered by such report, the rate or rates paid under this section during such period, the dates between which each such higher rate was paid, and the rate or rates that would have been paid but for this section.”. (2) Table of sections.— The table of sections for chapter 53 of title 5, United States Code, is amended by adding at the end the following new item: “5380. Pay authority for critical positions.”. (3) Termination.— (A) Unless section 5380 of title 5, United States Code, as added by paragraph (1), does not take effect as provided in subparagraph (B), such section shall cease to be in effect on the earlier of October 1, 1992, or the date of the enactment of the Federal Employees Pay Comparability Act of 1990. (B) Section 5380 of title 5, United States Code, as added by paragraph (1), shall not take effect if the Federal Employees Pay Comparability Act of 1990 is enacted before the date of the enactment of this Act. (j) Reemployment of Retirees.— (1) Amendment to 5 u.s.c. 5532.— Section 5532 of title 5, United States Code, is amended by adding at the end the following new subsection: “(g) (1) The Director of the Office of Personnel Management may, at the request of the head of an Executive agency— “(A) waive the application of the preceding provisions of this section on a case-by-case basis for employees in positions for104 STAT. 1664 which there is exceptional difficulty in recruiting or retaining a qualified employee; or “(B) grant authority to the head of such agency to waive the application of the preceding provisions of this section, on a case-by-case basis, for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances. “(2) The Office shall prescribe regulations for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for terminating a delegation of authority under paragraph (1)(B).”. (2) Amendment to 5 u.s.c. 8344.— Section 8344 of title 5, United States Code, is amended by adding at the end the following new subsection: “(i) (1) The Director of the Office of Personnel Management may, at the request of the head of an Executive agency— “(A) waive the application of the preceding provisions of this section on a case-by-case basis for employees in positions for which there is exceptional difficulty in recruiting or retaining a qualified employee; or “(B) grant authority to the head of such agency to waive the application of the preceding provisions of this section, on a case-by-case basis, for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances. “(2) The Office shall prescribe regulations for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for terminating a delegation of authority under paragraph (1)(B). “(3) An employee to whom a waiver under subparagraph (A) or (B) of paragraph (1) applies shall not be deemed an employee for the purposes of this chapter or chapter 84 while such waiver is in effect.”. (3) Amendment to 5 u.s.c. 8468.— Section 8468 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: “(f) (1) The Director of the Office of Personnel Management may, at the request of the head of an Executive agency— “(A) waive the application of the preceding provisions of this section on a case-by-case basis for employees in positions for which there is exceptional difficulty in recruiting or retaining a qualified employee; or “(B) grant authority to the head of such agency to waive the application of the preceding provisions of this section, on a case-by-case basis, for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances. “(2) The Office shall prescribe regulations for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for terminating a delegation of authority under paragraph (1)(B). “(3) An employee to whom a waiver under subparagraph (A) or (B) of paragraph (1) applies shall not be deemed an employee for the104 STAT. 1665 purposes of chapter 83 or this chapter while such waiver is in effect.”. (4) Termination.— (A) Unless sections 5532(g), 8344(i), and 8468(f) of title 5, United States Code, as added by this subsection, do not take effect as provided in subparagraph (B), such sections shall cease to be in effect on the earlier of October 1, 1992, or the date of the enactment of the Federal Employees Pay Comparability Act of 1990. (B) Sections 5532(g), 8344(i), and 8468(f) of title 5, United States Code, as added by this subsection, shall not take effect if the Federal Employees Pay Comparability Act of 1990 is enacted before the date of the enactment of this Act.