[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 610 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  1st Session
                                 S. 610

_______________________________________________________________________

                                 AN ACT


 
 To amend the provision of title 5, United States Code, to provide for 
   workforce flexibilities and certain Federal personnel provisions 
relating to the National Aeronautics and Space Administration, and for 
                            other purposes.

    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 ``NASA Flexibility Act of 2003''.

SEC. 2. COMPENSATION FOR CERTAIN EXCEPTED PERSONNEL.

    (a) In General.--Subparagraph (A) of section 203(c)(2) of the 
National Aeronautics and Space Act of 1958 (42 U.S.C. 2473(c)(2)(A)) is 
amended by striking ``the highest rate of grade 18 of the General 
Schedule of the Classification Act of 1949, as amended,'' and inserting 
``the rate of basic pay payable for level III of the Executive 
Schedule,''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the first day of the first pay period beginning on or after 
the date of enactment of this Act.

SEC. 3. WORKFORCE AUTHORITIES.

    (a) In General.--Subpart I of part III of title 5, United States 
Code, is amended by inserting after chapter 97, as added by section 
841(a)(2) of the Homeland Security Act of 2002 (Public Law 107-296; 116 
Stat. 2229), the following:

      ``CHAPTER 98--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

``Sec.
``9801. Definitions.
``9802. Planning, notification, and reporting requirements.
``9803. Restrictions.
``9804. Recruitment, redesignation, and relocation bonuses.
``9805. Retention bonuses.
``9806. Term appointments.
``9807. Pay authority for critical positions.
``9808. Assignments of intergovernmental personnel.
``9809. Science and technology scholarship program.
``9810. Distinguished scholar appointment authority.
``9811. Travel and transportation expenses of certain new appointees
``9812. Annual leave enhancements.
``9813. Limited appointments to Senior Executive Service positions.
``9814. Qualifications pay.
``9815. Reporting requirement.
``Sec. 9801. Definitions
    ``For purposes of this chapter--
            ``(1) the term `Administration' means the National 
        Aeronautics and Space Administration;
            ``(2) the term `Administrator' means the Administrator of 
        the National Aeronautics and Space Administration;
            ``(3) the term `critical need' means a specific and 
        important safety, management, engineering, science, research, 
        or operations requirement of the Administration's mission that 
        the Administration is unable to fulfill because the 
        Administration lacks the appropriate employees because--
                    ``(A) of the inability to fill positions; or
                    ``(B) employees do not possess the requisite 
                skills;
            ``(4) the term `employee' means an individual employed in 
        or under the Administration;
            ``(5) the term `workforce plan' means the plan required 
        under section 9802(a);
            ``(6) the term `appropriate committees of Congress' means--
                    ``(A) the Committees on Government Reform, Science, 
                and Appropriations of the House of Representatives; and
                    ``(B) the Committees on Governmental Affairs, 
                Commerce, Science, and Transportation, and 
                Appropriations of the Senate;
            ``(7) the term `redesignation bonus' means a bonus under 
        section 9804 paid to an individual described in subsection 
        (a)(2) thereof;
            ``(8) the term `supervisor' has the meaning given such term 
        by section 7103(a)(10); and
            ``(9) the term `management official' has the meaning given 
        such term by section 7103(a)(11).
``Sec. 9802. Planning, notification, and reporting requirements
    ``(a) Not later than 90 days before exercising any of the workforce 
authorities made available under this chapter, the Administrator shall 
submit a written plan to the appropriate committees of Congress. Such 
plan shall be approved by the Office of Personnel Management.
    ``(b) A workforce plan shall include a description of--
            ``(1) each critical need of the Administration and the 
        criteria used in the identification of that need;
            ``(2)(A) the functions, approximate number, and classes or 
        other categories of positions or employees that--
                    ``(i) address critical needs; and
                    ``(ii) would be eligible for each authority 
                proposed to be exercised under this chapter; and
            ``(B) how the exercise of those authorities with respect to 
        the eligible positions or employees involved would address each 
        critical need identified under paragraph (1);
            ``(3)(A) any critical need identified under paragraph (1) 
        which would not be addressed by the authorities made available 
        under this chapter; and
            ``(B) the reasons why those needs would not be so 
        addressed;
            ``(4) the specific criteria to be used in determining which 
        individuals may receive the benefits described under sections 
        9804 and 9805 (including the criteria for granting bonuses in 
        the absence of a critical need), and how the level of those 
        benefits will be determined;
            ``(5) the safeguards or other measures that will be applied 
        to ensure that this chapter is carried out in a manner 
        consistent with merit system principles;
            ``(6) the means by which employees will be afforded the 
        notification required under subsections (c) and (d)(1)(B);
            ``(7) the methods that will be used to determine if the 
        authorities exercised under this chapter have successfully 
        addressed each critical need identified under paragraph (1);
            ``(8)(A) the recruitment methods used by the Administration 
        before the enactment of this chapter to recruit highly 
        qualified individuals; and
            ``(B) the changes the Administration will implement after 
        the enactment of this chapter in order to improve its 
        recruitment of highly qualified individuals, including how it 
        intends to use--
                    ``(i) nongovernmental recruitment or placement 
                agencies; and
                    ``(ii) Internet technologies; and
            ``(9) any workforce-related reforms required to resolve the 
        findings and recommendations of the Columbia Accident 
        Investigation Board, the extent to which those recommendations 
        were accepted, and, if necessary, the reasons why any of those 
        recommendations were not accepted.
    ``(c) Not later than 60 days before first exercising any of the 
workforce authorities made available under this chapter, the 
Administrator shall provide to all employees the workforce plan and any 
additional information which the Administrator considers appropriate.
    ``(d)(1)(A) The Administrator may from time to time modify the 
workforce plan. Any modification to the workforce plan shall be 
submitted to the Office of Personnel Management for approval by the 
Office before the modification may be implemented.
    ``(B) Not later than 60 days before implementing any such 
modifications, the Administrator shall provide an appropriately 
modified plan to all employees of the Administration and to the 
appropriate committees of Congress.
    ``(2) Any reference in this chapter or any other provision of law 
to the workforce plan shall be considered to include any modification 
made in accordance with this subsection.
    ``(e) Before submitting any written plan under subsection (a) (or 
modification under subsection (d)) to the Office of Personnel 
Management, the Administrator shall--
            ``(1) provide to each employee representative representing 
        any employees who might be affected by such plan (or 
        modification) a copy of the proposed plan (or modification);
            ``(2) give each representative 30 calendar days (unless 
        extraordinary circumstances require earlier action) to review 
        and make recommendations with respect to the proposed plan (or 
        modification); and
            ``(3) give any recommendations received from any such 
        representatives under paragraph (2) full and fair consideration 
        in deciding whether or how to proceed with respect to the 
        proposed plan (or modification).
    ``(f) None of the workforce authorities made available under this 
chapter may be exercised in a manner inconsistent with the workforce 
plan.
    ``(g) Whenever the Administration submits its performance plan 
under section 1115 of title 31 to the Office of Management and Budget 
for any year, the Administration shall at the same time submit a copy 
of such plan to the appropriate committees of Congress.
    ``(h) Not later than 6 years after the date of enactment of this 
chapter, the Administrator shall submit to the appropriate committees 
of Congress an evaluation and analysis of the actions taken by the 
Administration under this chapter, including--
            ``(1) an evaluation, using the methods described in 
        subsection (b)(7), of whether the authorities exercised under 
        this chapter successfully addressed each critical need 
        identified under subsection (b)(1);
            ``(2) to the extent that they did not, an explanation of 
        the reasons why any critical need (apart from the ones under 
        subsection (b)(3)) was not successfully addressed; and
            ``(3) recommendations for how the Administration could 
        address any remaining critical need and could prevent those 
        that have been addressed from recurring.
    ``(i) The budget request for the Administration for the first 
fiscal year beginning after the date of enactment of this chapter and 
for each fiscal year thereafter shall include a statement of the total 
amount of appropriations requested for such fiscal year to carry out 
this chapter.
``Sec. 9803. Restrictions
    ``(a) None of the workforce authorities made available under this 
chapter may be exercised with respect to any officer who is appointed 
by the President, by and with the advice and consent of the Senate.
    ``(b) Unless specifically stated otherwise, all workforce 
authorities made available under this chapter shall be subject to 
section 5307.
    ``(c)(1) None of the workforce authorities made available under 
section 9804, 9805, 9806, 9807, 9809, 9812, 9813, 9814, or 9815 may be 
exercised with respect to a political appointee.
    ``(2) For purposes of this subsection, the term `political 
appointee' means an employee who holds--
            ``(A) a position which has been excepted from the 
        competitive service by reason of its confidential, policy-
        determining, policy-making, or policy-advocating character; or
            ``(B) a position in the Senior Executive Service as a 
        noncareer appointee (as such term is defined in section 
        3132(a)).
``Sec. 9804. Recruitment, redesignation, and relocation bonuses
    ``(a) Notwithstanding section 5753, the Administrator may pay a 
bonus to an individual, in accordance with the workforce plan and 
subject to the limitations in this section, if--
            ``(1) the Administrator determines that the Administration 
        would be likely, in the absence of a bonus, to encounter 
        difficulty in filling a position; and
            ``(2) the individual--
                    ``(A) is newly appointed as an employee of the 
                Federal Government;
                    ``(B) is currently employed by the Federal 
                Government and is newly appointed to another position 
                in the same geographic area; or
                    ``(C) is currently employed by the Federal 
                Government and is required to relocate to a different 
                geographic area to accept a position with the 
                Administration.
    ``(b) If the position is described as addressing a critical need in 
the workforce plan under section 9802(b)(2)(A), the amount of a bonus 
may not exceed--
            ``(1) 50 percent of the employee's annual rate of basic pay 
        (including comparability payments under sections 5304 and 
        5304a) as of the beginning of the service period multiplied by 
        the service period specified under subsection (d)(1)(B)(i); or
            ``(2) 100 percent of the employee's annual rate of basic 
        pay (including comparability payments under sections 5304 and 
        5304a) as of the beginning of the service period.
    ``(c) If the position is not described as addressing a critical 
need in the workforce plan under section 9802(b)(2)(A), the amount of a 
bonus may not exceed 25 percent of the employee's annual rate of basic 
pay (excluding comparability payments under sections 5304 and 5304a) as 
of the beginning of the service period.
    ``(d)(1)(A) Payment of a bonus under this section shall be 
contingent upon the individual entering into a service agreement with 
the Administration.
    ``(B) At a minimum, the service agreement shall include--
            ``(i) the required service period;
            ``(ii) the method of payment, including a payment schedule, 
        which may include a lump-sum payment, installment payments, or 
        a combination thereof;
            ``(iii) the amount of the bonus and the basis for 
        calculating that amount; and
            ``(iv) the conditions under which the agreement may be 
        terminated before the agreed-upon service period has been 
        completed, and the effect of the termination.
    ``(2) For purposes of determinations under subsections (b)(1) and 
(c)(1), the employee's service period shall be expressed as the number 
equal to the full years and twelfth parts thereof, rounding the 
fractional part of a month to the nearest twelfth part of a year. The 
service period may not be less than 6 months and may not exceed 4 
years.
    ``(3) A bonus under this section may not be considered to be part 
of the basic pay of an employee.
    ``(e) Before paying a bonus under this section, the Administration 
shall establish a plan for paying recruitment, redesignation, and 
relocation bonuses, subject to approval by the Office of Personnel 
Management.
    ``(f) No more than 25 percent of the total amount in bonuses 
awarded under subsection (a) in any year may be awarded to supervisors 
or management officials.
``Sec. 9805. Retention bonuses
    ``(a) Notwithstanding section 5754, the Administrator may pay a 
bonus to an employee, in accordance with the workforce plan and subject 
to the limitations in this section, if the Administrator determines 
that--
            ``(1) the unusually high or unique qualifications of the 
        employee or a special need of the Administration for the 
        employee's services makes it essential to retain the employee; 
        and
            ``(2) the employee would be likely to leave in the absence 
        of a retention bonus.
    ``(b) If the position is described as addressing a critical need in 
the workforce plan under section 9802(b)(2)(A), the amount of a bonus 
may not exceed 50 percent of the employee's annual rate of basic pay 
(including comparability payments under sections 5304 and 5304a).
    ``(c) If the position is not described as addressing a critical 
need in the workforce plan under section 9802(b)(2)(A), the amount of a 
bonus may not exceed 25 percent of the employee's annual rate of basic 
pay (excluding comparability payments under sections 5304 and 5304a).
    ``(d)(1)(A) Payment of a bonus under this section shall be 
contingent upon the employee entering into a service agreement with the 
Administration.
    ``(B) At a minimum, the service agreement shall include--
            ``(i) the required service period;
            ``(ii) the method of payment, including a payment schedule, 
        which may include a lump-sum payment, installment payments, or 
        a combination thereof;
            ``(iii) the amount of the bonus and the basis for 
        calculating the amount; and
            ``(iv) the conditions under which the agreement may be 
        terminated before the agreed-upon service period has been 
        completed, and the effect of the termination.
    ``(2) The employee's service period shall be expressed as the 
number equal to the full years and twelfth parts thereof, rounding the 
fractional part of a month to the nearest twelfth part of a year. The 
service period may not be less than 6 months and may not exceed 4 
years.
    ``(3) Notwithstanding paragraph (1), a service agreement is not 
required if the Administration pays a bonus in biweekly installments 
and sets the installment payment at the full bonus percentage rate 
established for the employee, with no portion of the bonus deferred. In 
this case, the Administration shall inform the employee in writing of 
any decision to change the retention bonus payments. The employee shall 
continue to accrue entitlement to the retention bonus through the end 
of the pay period in which such written notice is provided.
    ``(e) A bonus under this section may not be considered to be part 
of the basic pay of an employee.
    ``(f) An employee is not entitled to a retention bonus under this 
section during a service period previously established for that 
employee under section 5753 or under section 9804.
    ``(g) No more than 25 percent of the total amount in bonuses 
awarded under subsection (a) in any year may be awarded to supervisors 
or management officials.
``Sec. 9806. Term appointments
    ``(a) The Administrator may authorize term appointments within the 
Administration under subchapter I of chapter 33, for a period of not 
less than 1 year and not more than 6 years.
    ``(b) Notwithstanding chapter 33 or any other provision of law 
relating to the examination, certification, and appointment of 
individuals in the competitive service, the Administrator may convert 
an employee serving under a term appointment to a permanent appointment 
in the competitive service within the Administration without further 
competition if--
            ``(1) such individual was appointed under open, competitive 
        examination under subchapter I of chapter 33 to the term 
        position;
            ``(2) the announcement for the term appointment from which 
        the conversion is made stated that there was potential for 
        subsequent conversion to a career-conditional or career 
        appointment;
            ``(3) the employee has completed at least 2 years of 
        current continuous service under a term appointment in the 
        competitive service;
            ``(4) the employee's performance under such term 
        appointment was at least fully successful or equivalent; and
            ``(5) the position to which such employee is being 
        converted under this section is in the same occupational 
        series, is in the same geographic location, and provides no 
        greater promotion potential than the term position for which 
        the competitive examination was conducted.
    ``(c) Notwithstanding chapter 33 or any other provision of law 
relating to the examination, certification, and appointment of 
individuals in the competitive service, the Administrator may convert 
an employee serving under a term appointment to a permanent appointment 
in the competitive service within the Administration through internal 
competitive promotion procedures if the conditions under paragraphs (1) 
through (4) of subsection (b) are met.
    ``(d) An employee converted under this section becomes a career-
conditional employee, unless the employee has otherwise completed the 
service requirements for career tenure.
    ``(e) An employee converted to career or career-conditional 
employment under this section acquires competitive status upon 
conversion.
``Sec. 9807. Pay authority for critical positions
    ``(a) In this section, the term `position' means--
            ``(1) a position to which chapter 51 applies, including a 
        position in the Senior Executive Service;
            ``(2) a position under the Executive Schedule under 
        sections 5312 through 5317;
            ``(3) a position established under section 3104; or
            ``(4) a senior-level position to which section 5376(a)(1) 
        applies.
    ``(b) Authority under this section--
            ``(1) may be exercised only with respect to a position 
        that--
                    ``(A) is described as addressing a critical need in 
                the workforce plan under section 9802(b)(2)(A); and
                    ``(B) requires expertise of an extremely high level 
                in a scientific, technical, professional, or 
                administrative field;
            ``(2) may be exercised only to the extent necessary to 
        recruit or retain an individual exceptionally well qualified 
        for the position; and
            ``(3) may be exercised only in retaining employees of the 
        Administration or in appointing individuals who were not 
        employees of another Federal agency as defined under section 
        5102(a)(1).
    ``(c)(1) Notwithstanding section 5377, the Administrator may fix 
the rate of basic pay for a position in the Administration in 
accordance with this section. The Administrator may not delegate this 
authority.
    ``(2) The number of positions with pay fixed under this section may 
not exceed 10 at any time.
    ``(d)(1) The rate of basic pay fixed under this section may not be 
less than the rate of basic pay (including any comparability payments) 
which would otherwise be payable for the position involved if this 
section had never been enacted.
    ``(2) The annual rate of basic pay fixed under this section may not 
exceed the per annum rate of salary payable under section 104 of title 
3.
    ``(3) Notwithstanding any provision of section 5307, in the case of 
an employee who, during any calendar year, is receiving pay at a rate 
fixed under this section, no allowance, differential, bonus, award, or 
similar cash payment may be paid to such employee if, or to the extent 
that, when added to basic pay paid or payable to such employee (for 
service performed in such calendar year as an employee in the executive 
branch or as an employee outside the executive branch to whom chapter 
51 applies), such payment would cause the total to exceed the per annum 
rate of salary which, as of the end of such calendar year, is payable 
under section 104 of title 3.
``Sec. 9808. Assignments of intergovernmental personnel
    ``For purposes of applying the third sentence of section 3372(a) 
(relating to the authority of the head of a Federal agency to extend 
the period of an employee's assignment to or from a State or local 
government, institution of higher education, or other organization), 
the Administrator may, with the concurrence of the employee and the 
government or organization concerned, take any action which would be 
allowable if such sentence had been amended by striking `two' and 
inserting `four'.
``Sec. 9809. Science and technology scholarship program
    ``(a)(1) The Administrator shall establish a National Aeronautics 
and Space Administration Science and Technology Scholarship Program to 
award scholarships to individuals that is designed to recruit and 
prepare students for careers in the Administration.
    ``(2) Individuals shall be selected to receive scholarships under 
this section through a competitive process primarily on the basis of 
academic merit, with consideration given to financial need and the goal 
of promoting the participation of individuals identified in section 33 
or 34 of the Science and Engineering Equal Opportunities Act.
    ``(3) To carry out the Program the Administrator shall enter into 
contractual agreements with individuals selected under paragraph (2) 
under which the individuals agree to serve as full-time employees of 
the Administration, for the period described in subsection (f)(1), in 
positions needed by the Administration and for which the individuals 
are qualified, in exchange for receiving a scholarship.
    ``(b) In order to be eligible to participate in the Program, an 
individual must--
            ``(1) be enrolled or accepted for enrollment as a full-time 
        student at an institution of higher education in an academic 
        field or discipline described in the list made available under 
        subsection (d);
            ``(2) be a United States citizen or permanent resident; and
            ``(3) at the time of the initial scholarship award, not be 
        an employee (as defined in section 2105).
    ``(c) An individual seeking a scholarship under this section shall 
submit an application to the Administrator at such time, in such 
manner, and containing such information, agreements, or assurances as 
the Administrator may require.
    ``(d) The Administrator shall make publicly available a list of 
academic programs and fields of study for which scholarships under the 
Program may be utilized and shall update the list as necessary.
    ``(e)(1) The Administrator may provide a scholarship under the 
Program for an academic year if the individual applying for the 
scholarship has submitted to the Administrator, as part of the 
application required under subsection (c), a proposed academic program 
leading to a degree in a program or field of study on the list made 
available under subsection (d).
    ``(2) An individual may not receive a scholarship under this 
section for more than 4 academic years, unless the Administrator grants 
a waiver.
    ``(3) The dollar amount of a scholarship under this section for an 
academic year shall be determined under regulations issued by the 
Administrator, but shall in no case exceed the cost of attendance.
    ``(4) A scholarship provided under this section may be expended for 
tuition, fees, and other authorized expenses as established by the 
Administrator by regulation.
    ``(5) The Administrator may enter into a contractual agreement with 
an institution of higher education under which the amounts provided for 
a scholarship under this section for tuition, fees, and other 
authorized expenses are paid directly to the institution with respect 
to which the scholarship is provided.
    ``(f)(1) The period of service for which an individual shall be 
obligated to serve as an employee of the Administration is, except as 
provided in subsection (h)(2), 24 months for each academic year for 
which a scholarship under this section is provided. Under no 
circumstances shall the total period of obligated service be more than 
4 years.
    ``(2)(A) Except as provided in subparagraph (B), obligated service 
under paragraph (1) shall begin not later than 60 days after the 
individual obtains the educational degree for which the scholarship was 
provided.
    ``(B) The Administrator may defer the obligation of an individual 
to provide a period of service under paragraph (1) if the Administrator 
determines that such a deferral is appropriate. The Administrator shall 
prescribe the terms and conditions under which a service obligation may 
be deferred through regulation.
    ``(g)(1) Scholarship recipients who fail to maintain a high level 
of academic standing, as defined by the Administrator by regulation, 
who are dismissed from their educational institutions for disciplinary 
reasons, or who voluntarily terminate academic training before 
graduation from the educational program for which the scholarship was 
awarded, shall be in breach of their contractual agreement and, in lieu 
of any service obligation arising under such agreement, shall be liable 
to the United States for repayment within 1 year after the date of 
default of all scholarship funds paid to them and to the institution of 
higher education on their behalf under the agreement, except as 
provided in subsection (h)(2). The repayment period may be extended by 
the Administrator when determined to be necessary, as established by 
regulation.
    ``(2) Scholarship recipients who, for any reason, fail to begin or 
complete their service obligation after completion of academic 
training, or fail to comply with the terms and conditions of deferment 
established by the Administrator pursuant to subsection (f)(2)(B), 
shall be in breach of their contractual agreement. When recipients 
breach their agreements for the reasons stated in the preceding 
sentence, the recipient shall be liable to the United States for an 
amount equal to--
            ``(A) the total amount of scholarships received by such 
        individual under this section; plus
            ``(B) the interest on the amounts of such awards which 
        would be payable if at the time the awards were received they 
        were loans bearing interest at the maximum legal prevailing 
        rate, as determined by the Treasurer of the United States,
multiplied by 3.
    ``(h)(1) Any obligation of an individual incurred under the Program 
(or a contractual agreement thereunder) for service or payment shall be 
canceled upon the death of the individual.
    ``(2) The Administrator shall by regulation provide for the partial 
or total waiver or suspension of any obligation of service or payment 
incurred by an individual under the Program (or a contractual agreement 
thereunder) whenever compliance by the individual is impossible or 
would involve extreme hardship to the individual, or if enforcement of 
such obligation with respect to the individual would be contrary to the 
best interests of the Government.
    ``(i) For purposes of this section--
            ``(1) the term `cost of attendance' has the meaning given 
        that term in section 472 of the Higher Education Act of 1965;
            ``(2) the term `institution of higher education' has the 
        meaning given that term in section 101(a) of the Higher 
        Education Act of 1965; and
            ``(3) the term `Program' means the National Aeronautics and 
        Space Administration Science and Technology Scholarship Program 
        established under this section.
    ``(j)(1) There is authorized to be appropriated to the 
Administration for the Program $10,000,000 for each fiscal year.
    ``(2) Amounts appropriated under this section shall remain 
available for 2 fiscal years.
``Sec. 9810. Distinguished scholar appointment authority
    ``(a) In this section--
            ``(1) the term `professional position' means a position 
        that is classified to an occupational series identified by the 
        Office of Personnel Management as a position that--
                    ``(A) requires education and training in the 
                principles, concepts, and theories of the occupation 
                that typically can be gained only through completion of 
                a specified curriculum at a recognized college or 
                university; and
                    ``(B) is covered by the Group Coverage 
                Qualification Standard for Professional and Scientific 
                Positions; and
            ``(2) the term `research position' means a position in a 
        professional series that primarily involves scientific inquiry 
        or investigation, or research-type exploratory development of a 
        creative or scientific nature, where the knowledge required to 
        perform the work successfully is acquired typically and 
        primarily through graduate study.
    ``(b) The Administration may appoint, without regard to the 
provisions of section 3304(b) and sections 3309 through 3318, but 
subject to subsection (c), candidates directly to General Schedule 
professional, competitive service positions in the Administration for 
which public notice has been given (in accordance with regulations of 
the Office of Personnel Management), if--
            ``(1) with respect to a position at the GS-7 level, the 
        individual--
                    ``(A) received, within 2 years before the effective 
                date of the appointment, from an accredited institution 
                authorized to grant baccalaureate degrees, a 
                baccalaureate degree in a field of study for which 
                possession of that degree in conjunction with academic 
                achievements meets the qualification standards as 
                prescribed by the Office of Personnel Management for 
                the position to which the individual is being 
                appointed; and
                    ``(B) achieved a cumulative grade point average of 
                3.0 or higher on a 4.0 scale and a grade point average 
                of 3.5 or higher for courses in the field of study 
                required to qualify for the position;
            ``(2) with respect to a position at the GS-9 level, the 
        individual--
                    ``(A) received, within 2 years before the effective 
                date of the appointment, from an accredited institution 
                authorized to grant graduate degrees, a graduate degree 
                in a field of study for which possession of that degree 
                meets the qualification standards at this grade level 
                as prescribed by the Office of Personnel Management for 
                the position to which the individual is being 
                appointed; and
                    ``(B) achieved a cumulative grade point average of 
                3.5 or higher on a 4.0 scale in graduate coursework in 
                the field of study required for the position;
            ``(3) with respect to a position at the GS-11 level, the 
        individual--
                    ``(A) received, within 2 years before the effective 
                date of the appointment, from an accredited institution 
                authorized to grant graduate degrees, a graduate degree 
                in a field of study for which possession of that degree 
                meets the qualification standards at this grade level 
                as prescribed by the Office of Personnel Management for 
                the position to which the individual is being 
                appointed; and
                    ``(B) achieved a cumulative grade point average of 
                3.5 or higher on a 4.0 scale in graduate coursework in 
                the field of study required for the position; or
            ``(4) with respect to a research position at the GS-12 
        level, the individual--
                    ``(A) received, within 2 years before the effective 
                date of the appointment, from an accredited institution 
                authorized to grant graduate degrees, a graduate degree 
                in a field of study for which possession of that degree 
                meets the qualification standards at this grade level 
                as prescribed by the Office of Personnel Management for 
                the position to which the individual is being 
                appointed; and
                    ``(B) achieved a cumulative grade point average of 
                3.5 or higher on a 4.0 scale in graduate coursework in 
                the field of study required for the position.
    ``(c) In making any selections under this section, preference 
eligibles who meet the criteria for distinguished scholar appointments 
shall be considered ahead of nonpreference eligibles.
    ``(d) An appointment made under this authority shall be a career-
conditional appointment in the competitive civil service.
``Sec. 9811. Travel and transportation expenses of certain new 
              appointees
    ``(a) In this section, the term `new appointee' means--
            ``(1) a person newly appointed or reinstated to Federal 
        service to the Administration to--
                    ``(A) a career or career-conditional appointment or 
                an excepted service appointment to a continuing 
                position;
                    ``(B) a term appointment;
                    ``(C) an excepted service appointment that provides 
                for noncompetitive conversion to a career or career-
                conditional appointment;
                    ``(D) a career or limited term Senior Executive 
                Service appointment;
                    ``(E) an appointment made under section 
                203(c)(2)(A) of the National Aeronautics and Space Act 
                of 1958 (42 U.S.C. 2473(c)(2)(A));
                    ``(F) an appointment to a position established 
                under section 3104; or
                    ``(G) an appointment to a position established 
                under section 5108; or
            ``(2) a student trainee who, upon completion of academic 
        work, is converted to an appointment in the Administration that 
        is identified in paragraph (1) in accordance with an 
        appropriate authority.
    ``(b) The Administrator may pay the travel, transportation, and 
relocation expenses of a new appointee to the same extent, in the same 
manner, and subject to the same conditions as the payment of such 
expenses under sections 5724, 5724a, 5724b, and 5724c to an employee 
transferred in the interests of the United States Government.
``Sec. 9812. Annual leave enhancements
    ``(a) In this section--
            ``(1) the term `newly appointed employee' means an 
        individual who is first appointed--
                    ``(A) as an employee of the Federal Government; or
                    ``(B) as an employee of the Federal Government 
                following a break in service of at least 90 days after 
                that individual's last period of Federal employment, 
                other than--
                            ``(i) employment under the Student 
                        Educational Employment Program administered by 
                        the Office of Personnel Management;
                            ``(ii) employment as a law clerk trainee;
                            ``(iii) employment under a short-term 
                        temporary appointing authority while a student 
                        during periods of vacation from the educational 
                        institution at which the student is enrolled;
                            ``(iv) employment under a provisional 
                        appointment if the new appointment is permanent 
                        and immediately follows the provisional 
                        appointment; or
                            ``(v) employment under a temporary 
                        appointment that is neither full-time nor the 
                        principal employment of the individual;
            ``(2) the term `period of qualified non-Federal service' 
        means any period of service performed by an individual that--
                    ``(A) was performed in a position the duties of 
                which were directly related to the duties of the 
                position in the Administration which that individual 
                will fill as a newly appointed employee; and
                    ``(B) except for this section, would not otherwise 
                be service performed by an employee for purposes of 
                section 6303; and
            ``(3) the term `directly related to the duties of the 
        position' means duties and responsibilities in the same line of 
        work which require similar qualifications.
    ``(b)(1) For purposes of section 6303, the Administrator may deem a 
period of qualified non-Federal service performed by a newly appointed 
employee to be a period of service of equal length performed as an 
employee.
    ``(2) A decision under paragraph (1) to treat a period of qualified 
non-Federal service as if it were service performed as an employee 
shall continue to apply so long as that individual serves in or under 
the Administration.
    ``(c)(1) Notwithstanding section 6303(a), the annual leave accrual 
rate for an employee of the Administration in a position paid under 
section 5376 or 5383, or for an employee in an equivalent category 
whose rate of basic pay is greater than the rate payable at GS-15, step 
10, shall be 1 day for each full biweekly pay period.
    ``(2) The accrual rate established under this subsection shall 
continue to apply to the employee so long as such employee serves in or 
under the Administration.
``Sec. 9813. Limited appointments to Senior Executive Service positions
    ``(a) In this section--
            ``(1) the term `career reserved position' means a position 
        in the Administration designated under section 3132(b) which 
        may be filled only by--
                    ``(A) a career appointee; or
                    ``(B) a limited emergency appointee or a limited 
                term appointee--
                            ``(i) who, immediately before entering the 
                        career reserved position, was serving under a 
                        career or career-conditional appointment 
                        outside the Senior Executive Service; or
                            ``(ii) whose limited emergency or limited 
                        term appointment is approved in advance by the 
                        Office of Personnel Management;
            ``(2) the term `limited emergency appointee' has the 
        meaning given under section 3132; and
            ``(3) the term `limited term appointee' means an individual 
        appointed to a Senior Executive Service position in the 
        Administration to meet a bona fide temporary need, as 
        determined by the Administrator.
    ``(b) The number of career reserved positions which are filled by 
an appointee as described under subsection (a)(1)(B) may not exceed 10 
percent of the total number of Senior Executive Service positions 
allocated to the Administration.
    ``(c) Notwithstanding sections 3132 and 3394(b)--
            ``(1) the Administrator may appoint an individual to any 
        Senior Executive Service position in the Administration as a 
        limited term appointee under this section for a period of--
                    ``(A) 4 years or less to a position the duties of 
                which will expire at the end of such term; or
                    ``(B) 1 year or less to a position the duties of 
                which are continuing; and
            ``(2) in rare circumstances, the Administrator may 
        authorize an extension of a limited appointment under--
                    ``(A) paragraph (1)(A) for a period not to exceed 2 
                years; and
                    ``(B) paragraph (1)(B) for a period not to exceed 1 
                year.
    ``(d) A limited term appointee who has been appointed in the 
Administration from a career or career-conditional appointment outside 
the Senior Executive Service shall have reemployment rights in the 
agency from which appointed, or in another agency, under requirements 
and conditions established by the Office of Personnel Management. The 
Office shall have the authority to direct such placement in any agency.
    ``(e) Notwithstanding section 3394(b) and section 3395--
            ``(1) a limited term appointee serving under a term 
        prescribed under this section may be reassigned to another 
        Senior Executive Service position in the Administration, the 
        duties of which will expire at the end of a term of 4 years or 
        less; and
            ``(2) a limited term appointee serving under a term 
        prescribed under this section may be reassigned to another 
        continuing Senior Executive Service position in the 
        Administration, except that the appointee may not serve in 1 or 
        more positions in the Administration under such appointment in 
        excess of 1 year, except that in rare circumstances, the 
        Administrator may approve an extension up to an additional 1 
        year.
    ``(f) A limited term appointee may not serve more than 7 
consecutive years under any combination of limited appointments.
    ``(g) Notwithstanding section 5384, the Administrator may authorize 
performance awards to limited term appointees in the Administration in 
the same amounts and in the same manner as career appointees.
``Sec. 9814. Qualifications pay
    ``(a) Notwithstanding section 5334, the Administrator may set the 
pay of an employee paid under the General Schedule at any step within 
the pay range for the grade of the position, if such employee--
            ``(1) possesses unusually high or unique qualifications; 
        and
            ``(2) is assigned--
                    ``(A) new duties, without a change of position; or
                    ``(B) to a new position.
    ``(b) If an exercise of the authority under this section relates to 
a current employee selected for another position within the 
Administration, a determination shall be made that the employee's 
contribution in the new position will exceed that in the former 
position, before setting pay under this section.
    ``(c) Pay as set under this section is basic pay for such purposes 
as pay set under section 5334.
    ``(d) If the employee serves for at least 1 year in the position 
for which the pay determination under this section was made, or a 
successor position, the pay earned under such position may be used in 
succeeding actions to set pay under chapter 53.
    ``(e) Before setting any employee's pay under this section, the 
Administrator shall submit a plan to the Office of Personnel Management 
and the appropriate committees of Congress, that includes--
            ``(1) criteria for approval of actions to set pay under 
        this section;
            ``(2) the level of approval required to set pay under this 
        section;
            ``(3) all types of actions and positions to be covered;
            ``(4) the relationship between the exercise of authority 
        under this section and the use of other pay incentives; and
            ``(5) a process to evaluate the effectiveness of this 
        section.
``Sec. 9815. Reporting requirement
    ``The Administrator shall submit to the appropriate committees of 
Congress, not later than February 28 of each of the next 6 years 
beginning after the date of enactment of this chapter, a report that 
provides the following:
            ``(1) A summary of all bonuses paid under subsections (b) 
        and (c) of section 9804 during the preceding fiscal year. Such 
        summary shall include the total amount of bonuses paid, the 
        total number of bonuses paid, the percentage of the amount of 
        bonuses awarded to supervisors and management officials, and 
        the average percentage used to calculate the total average 
        bonus amount, under each of those subsections.
            ``(2) A summary of all bonuses paid under subsections (b) 
        and (c) of section 9805 during the preceding fiscal year. Such 
        summary shall include the total amount of bonuses paid, the 
        total number of bonuses paid, the percentage of the amount of 
        bonuses awarded to supervisors and management officials, and 
        the average percentage used to calculate the total average 
        bonus amount, under each of those subsections.
            ``(3) The total number of term appointments converted 
        during the preceding fiscal year under section 9806 and, of 
        that total number, the number of conversions that were made to 
        address a critical need described in the workforce plan 
        pursuant to section 9802(b)(2).
            ``(4) The number of positions for which the rate of basic 
        pay was fixed under section 9807 during the preceding fiscal 
        year, the number of positions for which the rate of basic pay 
        under such section was terminated during the preceding fiscal 
        year, and the number of times the rate of basic pay was fixed 
        under such section to address a critical need described in the 
        workforce plan pursuant to section 9802(b)(2).
            ``(5) The number of scholarships awarded under section 9809 
        during the preceding fiscal year and the number of scholarship 
        recipients appointed by the Administration during the preceding 
        fiscal year.
            ``(6) The total number of distinguished scholar 
        appointments made under section 9810 during the preceding 
        fiscal year and, of that total number, the number of 
        appointments that were made to address a critical need 
        described in the workforce plan pursuant to section 9802(b)(2).
            ``(7) The average amount paid per appointee, and the 
        largest amount paid to any appointee, under section 9811 during 
        the preceding fiscal year for travel and transportation 
        expenses.
            ``(8) The total number of employees who were awarded 
        enhanced annual leave under section 9812 during the preceding 
        fiscal year; of that total number, the number of employees who 
        were serving in a position addressing a critical need described 
        in the workforce plan pursuant to section 9802(b)(2); and, for 
        employees in each of those respective groups, the average 
        amount of additional annual leave such employees earned in the 
        preceding fiscal year (over and above what they would have 
        earned absent section 9812).
            ``(9) The total number of appointments made under section 
        9813 during the preceding fiscal year and, of that total 
        number, the number of appointments that were made to address a 
        critical need described in the workforce plan pursuant to 
        section 9802(b)(2).
            ``(10) The number of employees for whom the Administrator 
        set the pay under section 9814 during the preceding fiscal year 
        and the number of times pay was set under such section to 
        address a critical need described in the workforce plan 
        pursuant to section 9802(b)(2).
            ``(11) A summary of all recruitment, relocation, 
        redesignation, and retention bonuses paid under authorities 
        other than this chapter and excluding the authorities provided 
        in sections 5753 and 5754 of this title, during the preceding 
        fiscal year. Such summary shall include, for each type of 
        bonus, the total amount of bonuses paid, the total number of 
        bonuses paid, the percentage of the amount of bonuses awarded 
        to supervisors and management officials, and the average 
        percentage used to calculate the total average bonus amount.''.
    (b) Clerical Amendment.--The table of chapters for part III of 
title 5, United States Code, is amended by adding at the end the 
following:

``98. National Aeronautics and Space Administration.........    9801''.

            Passed the Senate November 24, 2003.

            Attest:

                                                             Secretary.
108th CONGRESS

  1st Session

                                 S. 610

_______________________________________________________________________

                                 AN ACT

 To amend the provision of title 5, United States Code, to provide for 
   workforce flexibilities and certain Federal personnel provisions 
relating to the National Aeronautics and Space Administration, and for 
                            other purposes.