Page:United States Statutes at Large Volume 112 Part 2.djvu/726

 112 STAT. 1610 PUBLIC LAW 105-244 —OCT. 7, 1998 agencies, loan servicers, and other participants in those student loan programs. Regulations. "(3) FUNCTIONS OF OMBUDSMAN. —The Ombudsman shall— "(A) in accordance with regulations of the Secretary, receive, review, and attempt to resolve informally complaints from borrowers of loans described in paragraph (1), including, as appropriate, attempts to resolve such complaints within the Department of Education and with institutions of higher education, lenders, guaranty agencies, loan servicers, and other participants in the loan programs described in paragraph (1)(A); and Records. "(B) compile and analyze data on borrower complaints and make appropriate recommendations. "(4) REPORT.—Each year, the Ombudsman shall submit a report to the Chief Operating Officer, for inclusion in the annual report under subsection (c)(2), that describes the activities, and evaluates the effectiveness of the Ombudsman during the preceding year. " (g) PERSONNEL FLEXIBILITY.— "(1) PERSONNEL CEILINGS.— The PBO shall not be subject to any ceiling relating to the number or grade of employees. "(2) ADMINISTRATIVE FLEXIBILITY.— The Chief Operating Officer shall work with the Office of Personn,el Management to develop and implement personnel flexibilities in staffing, classification, and pay that meet the needs of the PBO, subject to compliance with title 5, United States Code. "(3) EXCEPTED SERVICE.— The Chief Operating Officer may appoint, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, not more than 25 technical and professional employees to administer the functions of the PBO. These employees may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. " (h) ESTABLISHMENT OF A FAIR AND EQUITABLE SYSTEM FOR MEASURING STAFF PERFORMANCE.— The PBO shall establish an annual performance management system, subject to compliance with title 5, United States Code and consistent with applicable provisions of law and regulations, which strengthens the organizational effectiveness of the PBO by providing for establishing goals or objectives for individual, group, or organizational performance (or any combination thereof), consistent with the performance plan of the PBO and its performance planning procedures, including those established under the Government Performance and Results Act of 1993, and communicating such goals or objectives to employ- ees. Deadline. " (i) REPORT. —The Secretary and the Chief Operating Officer, not later than 180 days after the date of enactment of the Higher Education Amendments of 1998, shall report to Congress on the proposed budget and sources of funding for the operation of the PBO. "(j) AUTHORIZATION OF APPROPRIATIONS.— The Secretary shall allocate from funds made available under section 458 such funds as are appropriate to the functions assumed by the PBO. In addition, there are authorized to be appropriated such sums as may be necessary to carry out the purposes of this part, including transition costs.

�