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







108th CONGRESS
  1st Session
                                 S. 610

To amend the provisions 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 13, 2003

 Mr. Voinovich introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To amend the provisions 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 Workforce Flexibility Act of 
2003''.

SEC. 2. WORKFORCE AUTHORITIES AND PERSONNEL PROVISIONS.

    (a) In General.--Subpart I of part III of title 5, United States 
Code, is amended by adding at the end the following:

      ``CHAPTER 99--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

                 ``SUBCHAPTER I--WORKFORCE AUTHORITIES

``Sec.
``9901. Definitions.
``9902. Planning, notification, and reporting requirements.
``9903. Workforce authorities.
``9904. Recruitment, redesignation, and relocation bonuses.
``9905. Retention bonuses.
``9906. Term appointments.
``9907. Pay authority for critical positions.
``9908. Assignments of intergovernmental personnel.
``9909. Enhanced demonstration project authority.
                 ``SUBCHAPTER II--PERSONNEL PROVISIONS

``9931. Definitions.
``9932. Administration and private sector exchange assignments.
``9933. Science and technology scholarship program.
``9934. Distinguished scholar appointment authority.
``9935. Travel and transportation expenses of certain new appointees.
``9936. Annual leave enhancements.
``9937. Limited appointments to Senior Executive Service positions.
``9938. Superior qualifications pay.

                 ``SUBCHAPTER I--WORKFORCE AUTHORITIES

``Sec. 9901. Definitions
    In this subchapter--
            ``(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 requirement of the Administration's mission that the 
        Administration is unable to fulfill because the Administration 
        lacks the appropriate employees because of--
                    ``(A) 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; and
            ``(5) the term `workforce plan' means the plan required 
        under section 9902(a).
``Sec. 9902. Planning, notification, and reporting requirements
    ``(a) Before exercising any of the workforce authorities under this 
subchapter, the Administrator shall submit a written plan to the Office 
of Personnel Management for approval. A plan under this subchapter may 
not be implemented without the approval of 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 section 9903; 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 section 9903; 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 
        9904 and 9905 (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 subchapter 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); and
            ``(7) the methods that will be used to determine if the 
        authorities exercised under section 9903 have successfully 
        addressed each critical need identified under paragraph (1).
    ``(c) Not later than 60 days before first exercising any of the 
workforce authorities made available under this subchapter, 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 submit any modifications to the 
workforce plan to the Office of Personnel Management. Modifications to 
the workforce plan may not be implemented without the approval of the 
Office of Personnel Management.
    ``(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.
    ``(2) Any reference in this subchapter or any other provision of 
law to the workforce plan shall be considered to include any 
modification made in accordance with this subsection.
    ``(e) None of the workforce authorities made available under 
section 9903 may be exercised in a manner inconsistent with the 
workforce plan.
    ``(f) 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--
            ``(1) the Committee on Governmental Affairs and the 
        Committee on Appropriations of the Senate; and
            ``(2) the Committee on Government Reform and the Committee 
        on Appropriations of the House of Representatives.
``Sec. 9903. Workforce authorities
    ``(a) The workforce authorities under this subchapter are the 
following:
            ``(1) The authority to pay recruitment, redesignation, and 
        relocation bonuses under section 9904.
            ``(2) The authority to pay retention bonuses under section 
        9905.
            ``(3) The authority to make term appointments and to take 
        related personnel actions under section 9906.
            ``(4) The authority to fix rates of basic pay for critical 
        positions under section 9907.
            ``(5) The authority to extend intergovernmental personnel 
        act assignments under section 9908.
    ``(b) No authority under this subchapter may be exercised with 
respect to any officer who is appointed by the President, by and with 
the advice and consent of the Senate.
    ``(c) Unless specifically stated otherwise, all authorities 
provided under this subchapter are subject to section 5307.
``Sec. 9904. 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 9902(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 9902(b)(2)(A), the amount of a 
bonus may not exceed--
            ``(1) 25 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.
    ``(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.
``Sec. 9905. 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 9902(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 9902(b)(2)(A), the amount of a 
bonus may not exceed 25 percent of the employee's annual rate of basic 
pay (including 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 9904.
``Sec. 9906. 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. 9907. 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 9902(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. 9908. 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. 9909. Enhanced demonstration project authority
    ``When conducting a demonstration project at the Administration, 
section 4703(d)(1)(A) may be applied by substituting `such numbers of 
individuals as determined by the Administrator' for `not more than 
5,000 individuals'.

                 ``SUBCHAPTER II--PERSONNEL PROVISIONS

``Sec. 9931. Definitions
    In this subchapter--
            ``(1) the term `Administration' means the National 
        Aeronautics and Space Administration; and
            ``(2) the term `Administrator' means the Administrator of 
        the National Aeronautics and Space Administration.
``Sec. 9932. Administration and private sector exchange assignments
    ``(a) In this section--
            ``(1) the term `private sector employee' means an employee 
        of a private sector entity; and
            ``(2) the term `private sector entity' means an 
        organization, company, corporation, or other business concern, 
        or a foreign government or agency of a foreign government, that 
        is not a State, local government, Federal agency, or other 
        organization as defined under section 3371 (1), (2), (3), and 
        (4), respectively.
    ``(b)(1) On request from or with the concurrence of a private 
sector entity, and with the consent of the employee concerned, the 
Administrator may arrange for the assignment of--
            ``(A) an employee of the Administration serving under a 
        career or career-conditional appointment, a career appointee in 
        the Senior Executive Service, or an individual under an 
        appointment of equivalent tenure in an excepted service 
        position, but excluding employees in positions which have been 
        excepted from the competitive service by reasons of their 
        confidential, policy-determining, policymaking, or policy-
        advocating character, to a private sector entity; and
            ``(B) an employee of a private sector entity to the 
        Administration,
for work of mutual concern to the Administration and the private sector 
entity that the Administrator determines will be beneficial to both.
    ``(2) The period of an assignment under this section may not exceed 
2 years. However, the Administrator may extend the period of assignment 
for not more than 2 additional years.
    ``(3) An employee of the Administration may be assigned under this 
section only if the employee agrees, as a condition of accepting an 
assignment, to serve in the Administration upon the completion of the 
assignment for a period equal to the length of the assignment. The 
Administrator may waive the requirement under this paragraph, with the 
approval of the Office of Management and Budget, with respect to any 
employee if the Administrator determines it to be in the best interests 
of the United States to do so.
    ``(4) Each agreement required under paragraph (3) shall provide 
that if the employee fails to carry out the agreement (except in the 
case of a waiver made under paragraph (3)), the employee shall be 
liable to the United States for payment of all expenses (excluding 
salary) of the assignment. The amount due shall be treated as a debt 
due the United States.
    ``(c)(1) An Administration employee assigned to a private sector 
entity under this section is deemed, during the assignment, to be on 
detail to a work assignment (as a detailee to the entity).
    ``(2) An Administration employee assigned under this section on 
detail remains an employee of the Administration. Chapter 171 of title 
28 and any other Federal tort liability statute apply to the 
Administration employee so assigned, and all defenses available to the 
United States under these laws or applicable provisions of State law 
shall remain in effect. The supervision of the duties of an 
Administration employee assigned to the private sector entity through 
detail may be governed by agreement between the Administration and the 
private sector entity concerned.
    ``(3) The assignment of an Administration employee on detail to a 
private sector entity under this section may be made with or without 
reimbursement by the private sector entity for the travel and 
transportation expenses to or from the place of assignment, for the 
pay, or supplemental pay, or a part thereof, of the employee, or for 
the contribution of the Administration to the employee's benefit 
systems during the assignment. Any reimbursements shall be credited to 
the appropriation of the Administration used for paying the travel and 
transportation expenses, pay, or benefits, and not paid to the 
employee.
    ``(d)(1) An employee of a private sector entity who is assigned to 
the Administration under an arrangement under this section shall be 
deemed on detail to the Administration.
    ``(2) During the period of assignment, a private sector employee on 
detail to the Administration--
            ``(A) is not entitled to pay from the Administration, 
        except to the extent that the pay received from the private 
        sector entity is less than the appropriate rate of pay which 
        the duties would warrant under the pay provisions of this title 
        or other applicable authority;
            ``(B) is deemed an employee of the Administration for the 
        purpose of chapter 73 of this title, the Ethics in Government 
        Act of 1978, section 27 of the Office of Federal Procurement 
        Policy Act, sections 201, 203, 205, 207, 208, 209, 602, 603, 
        606, 607, 610, 643, 654, 1905, and 1913 of title 18, sections 
        1343, 1344, and 1349(b) of title 31, chapter 171 of title 28, 
        and any other Federal tort liability statute, and any other 
        provision of Federal criminal law, unless otherwise 
        specifically exempted;
            ``(C) notwithstanding subparagraph (B), is also deemed to 
        be an employee of his or her private sector employer for 
        purposes of section 208 of title 18; and
            ``(D) is subject to such regulations as the Administrator 
        may prescribe.
    ``(3) The supervision of the duties of an employee assigned under 
this subsection may be governed by agreement between the Administration 
and the private sector entity.
    ``(4) A detail of a private sector employee to the Administration 
may be made with or without reimbursement by the Administration for the 
pay, or a part thereof, of the employee during the period of 
assignment, or for the contribution of the private sector entity, or a 
part thereof, to employee benefit systems.
    ``(5)(A) A private sector employee on detail to the Administration 
under this section who suffers disability or dies as a result of 
personal injury sustained while in the performance of duties during the 
assignment shall be treated, for the purpose of subchapter I of chapter 
81 as an employee as defined under section 8101 who had sustained the 
injury in the performance of duties.
    ``(B) When an employee (or the employee's dependents in case of 
death) entitled by reason of injury or death to benefits under 
subchapter I of chapter 81 is also entitled to benefits from the 
employee's private sector employer for the same injury or death, the 
employee (or the employee's dependents in case of death) shall elect 
which benefits the employee will receive. The election shall be made 
within 1 year after the injury or death, or such further time as the 
Secretary of Labor may allow for reasonable cause shown. When made, the 
election is irrevocable.
    ``(C) Except as provided in subparagraphs (A) and (B), and 
notwithstanding any other law, the United States, any instrumentality 
of the United States, or an employee, agent, or assign of the United 
States shall not be liable to--
            ``(i) a private sector employee assigned to the 
        Administration under this section;
            ``(ii) such employee's legal representative, spouse, 
        dependents, survivors, or next of kin; or
            ``(iii) any other person, including any third party as to 
        whom such employee, or that employee's legal representative, 
        spouse, dependents, survivors, or next of kin, has a cause of 
        action arising out of an injury or death sustained in the 
        performance of duty pursuant to an assignment under this 
        section, otherwise entitled to recover damages from the United 
        States, any instrumentality of the United States, or any 
        employee, agency, or assign of the United States,
with respect to any injury or death suffered by a private sector 
employee sustained in the performance of duties pursuant to an 
assignment under this section.
    ``(e)(1) Appropriations of the Administration are available to pay, 
or reimburse, an Administration or private sector employee in 
accordance with--
            ``(A) subchapter I of chapter 57 for the expenses of--
                    ``(i) travel, including a per diem allowance, to 
                and from the assignment location;
                    ``(ii) a per diem allowance at the assignment 
                location during the period of the assignment; and
                    ``(iii) travel, including a per diem allowance, 
                while traveling on official business away from the 
                employee's designated post of duty during the 
                assignment when the Administrator considers the travel 
                to be in the interest of the United States;
            ``(B) section 5724 for the expenses of transportation of 
        the employee's immediate family, household goods, and personal 
effects to and from the assignment location;
            ``(C) section 5724a(a) for the expenses of per diem 
        allowances for the immediate family of the employee to and from 
        the assignment location;
            ``(D) section 5724a(c) for subsistence expenses of the 
        employee and immediate family while occupying temporary 
        quarters at the assignment location and on return to the 
        employee's former post of duty;
            ``(E) section 5724a(g) to be used by the employee for 
        miscellaneous expenses related to change of station where 
        movement or storage of household goods is involved; and
            ``(F) section 5726(c) for the expenses of nontemporary 
        storage of household goods and personal effects in connection 
        with assignment at an isolated location.
    ``(2) Expenses specified in paragraph (1), other than those in 
paragraph (1)(A)(iii), may not be allowed in connection with the 
assignment of an Administration or private sector employee under this 
section, unless and until the employee agrees in writing to complete 
the entire period of his assignment or 1 year, whichever is shorter, 
unless separated or reassigned for reasons beyond his control that are 
acceptable to the Administrator. If the employee violates the 
agreement, the money spent by the United States for these expenses is 
recoverable from the employee as a debt due the United States. The 
Administrator may waive in whole or in part a right of recovery under 
this paragraph with respect to a private sector employee on assignment 
with the Administration or an Administration employee on assignment 
with a private sector entity.
    ``(3) Appropriations of the Administration are available to pay 
expenses under section 5742 with respect to an Administration or 
private sector employee assigned under this authority.
    ``(f) A private sector entity may not charge the Federal 
Government, as direct or indirect costs under a Federal contract, the 
costs of pay or benefits paid by the entity to an employee assigned to 
the Administration under this section for the period of the assignment.
``Sec. 9933. Science and technology scholarship program
    ``(a)(1) The Administrator may carry out a program of entering into 
contractual agreements with individuals described under paragraph (2) 
under which--
            ``(A) the Administrator agrees to provide to the 
        individuals scholarships for pursuing, at accredited 
        institutions of higher education, academic programs appropriate 
        for careers in professions needed by the Administration; and
            ``(B) the individuals agree to serve as employees of the 
        Administration, for the period described under subsection (b), 
        in positions needed by the Administration and for which the 
        individuals are qualified.
    ``(2) The individuals referred to under paragraph (1) are 
individuals who--
            ``(A) are enrolled or accepted for enrollment as full-time 
        students at accredited institutions of higher education in an 
        academic field or discipline prescribed by the Administration;
            ``(B) are United States citizens; and
            ``(C) at the time of the initial scholarship award, are not 
        Federal employees as defined under section 2105.
    ``(b)(1) For purposes of subsection (a)(1)(B), the period of 
service for which an individual is obligated to serve as an employee of 
the Administration is, subject to subparagraph (A) of paragraph (2), 12 
months for each academic year for which the scholarship under such 
subsection is provided.
    ``(2)(A) Subject to subparagraph (B), the Administrator may provide 
a scholarship under this section if the individual applying for the 
scholarship agrees that, not later than 60 days after obtaining the 
educational degree involved, the individual will begin serving full-
time as an employee in satisfaction of the period of service that the 
individual is obligated to provide.
    ``(B) The Administrator may defer the obligation of an individual 
to provide a period of service under this subsection, if the 
Administrator determines that such a deferral is appropriate.
    ``(c)(1) The Administrator may provide a scholarship under 
subsection (a) for an academic year if--
            ``(A) the individual applying for the scholarship has 
        submitted to the Administrator a proposed academic program 
        leading to a degree in an academic field or discipline approved 
        by the Administration; or
            ``(B) the individual agrees that the program will not be 
        altered without the approval of the Administrator.
    ``(2) The Administrator may provide a scholarship under this 
section for an academic year if the individual applying for the 
scholarship agrees to maintain a high level of academic standing as 
defined by regulation.
    ``(3) The dollar amount of a scholarship for an academic year shall 
not exceed--
            ``(A) the limits established by regulation under paragraph 
        (4); or
            ``(B) the total costs incurred in attending the institution 
        involved.
    ``(4) A scholarship may be expended for tuition, fees, and other 
authorized expenses as established by regulation.
    ``(5) The Administrator may enter into a contractual agreement with 
an institution of higher education under which the amounts provided in 
the scholarship for tuition, fees, and other authorized expenses are 
paid directly to the institution with respect to which a scholarship is 
provided.
    ``(6) An individual may not receive a scholarship for longer than 4 
academic years, unless an extension is granted by the Administrator.
    ``(d)(1)(A) Any scholarship recipient who fails to maintain a high 
level of academic standing, who is dismissed from an educational 
institution for disciplinary reasons, or who voluntarily terminates 
academic training before graduation from the educational program for 
which the scholarship was awarded, shall--
            ``(i) be in breach of the contractual agreement; and
            ``(ii) in lieu of any service obligation arising under such 
        agreement, be liable to the United States for repayment of all 
        scholarship funds paid to that recipient and to the educational 
        institution on their  behalf under the agreement within 1 year 
after the date of default.
    ``(B) The repayment period may be extended by the Administrator 
when determined to be necessary, as established by regulation. A 
penalty for failure to complete the academic program for which the 
scholarship was awarded may be assessed at the discretion of the 
Administrator, in addition to the repayment with interest as provided 
under paragraph (3).
    ``(2)(A) A scholarship recipient who, for any reason, fails to 
begin or complete that recipient's service obligation after completion 
of academic training, or fails to comply with the terms and conditions 
of deferment established by the Administrator, shall be in breach of 
the contractual agreement.
    ``(B)(i) In this subparagraph--
            ``(I) the term `A' means the amount the United States is 
        entitled to recover;
            ``(II) the term `F' means the sum of the amounts paid to or 
        on behalf of the participant;
            ``(III) the term `t' means the total number of months of 
        the period of obligated service the participant is required to 
        serve; and
            ``(IV) the term `s' means the number of months of the 
        period of obligated service served by the participant.
    ``(ii) When a recipient breaches the agreement as provided under 
subparagraph (A), the United States shall be entitled to recover 
damages equal to 3 times the scholarship award, in accordance with the 
following formula:
                                    ``A=(3F)[(t-s)/t]
    ``(C) The damages that the United States is entitled to recover 
shall be paid within 1 year after the date of default.
    ``(3) Beginning 90 days after default, interest shall accrue on the 
payments required to be made under this subsection, at a rate to be 
determined by regulation established by the Administrator.
    ``(e)(1) Any obligation of an individual incurred under this 
section for service or payment of damages may 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 this section if--
            ``(A) the compliance by the individual is impossible or 
        would involve extreme hardship to the individual; or
            ``(B) enforcement of such obligation with respect to any 
        individual would be contrary to the best interests of the 
        Government.
    ``(f) The Administrator may provide a scholarship under this 
section if an application for the scholarship is submitted to the 
Administrator and the application is in such form, is made in such 
manner, and contains such agreements, assurance, and information as the 
Administrator determines to be necessary to carry out this section.
    ``(g)(1) There are authorized to be appropriated to the 
Administration to carry out this section $10,000,000 for fiscal year 
2004 and $10,000,000 for each succeeding fiscal year.
    ``(2) Amounts appropriated for a fiscal year for scholarships under 
this section shall remain available for 2 fiscal years.
``Sec. 9934. 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 sections 3304(b) and 3309 through 3318, candidates 
directly to General Schedule professional positions in the 
Administration for which public notice has been given, if--
            ``(1) with respect to a position at the GS-7 level, the 
        individual--
                    ``(A) received, 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, 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, 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, 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) Veterans' preference procedures shall apply when selecting 
candidates 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. 9935. 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;
                    ``(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. 9936. Annual leave enhancements
    ``(a)(1) In this subsection--
            ``(A) the term `newly appointed employee' means an 
        individual who is first appointed--
                    ``(i) regardless of tenure, as an employee of the 
                Federal Government; or
                    ``(ii) 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;
            ``(B) the term `period of qualified non-Federal service' 
        means any period of service performed by an individual that--
                    ``(i) was performed in a position the duties of 
                which were directly related to the duties of the 
                position in the Administration to which that individual 
                will fill as a newly appointed employee; and
                    ``(ii) except for this section would not otherwise 
                be service performed by an employee for purposes of 
                section 6303; and
            ``(C) the term `directly related to the duties of the 
        position' means duties and responsibilities in the same line of 
        work which require similar qualifications.
    ``(2)(A) 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.
    ``(B) A period deemed by the Administrator under subparagraph (A) 
shall continue to apply to the employee during--
            ``(i) the period of Federal service in which the deeming is 
        made; and
            ``(ii) any subsequent period of Federal service.
    ``(3)(A) 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.
    ``(B) The accrual rate established under this paragraph shall 
continue to apply to the employee during--
            ``(i) the period of Federal service in which such accrual 
        rate first applies; and
            ``(ii) any subsequent period of Federal service.
``Sec. 9937. 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. 9938. Superior qualifications pay
    ``(a) In this section the term `employee' means an employee as 
defined under section 2105 who is employed by the Administration.
    ``(b) 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, based on the superior 
qualifications of the employee, or the special need of the 
Administration.
    ``(c) 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.
    ``(d) Pay as set under this section is basic pay for such purposes 
as pay set under section 5334.
    ``(e) 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.
    ``(f) The Administrator may waive the restrictions in subsection 
(e), based on criteria established in the plan required under 
subsection (g).
    ``(g) Before setting any employee's pay under this section, the 
Administrator shall submit a plan to the Office of Personnel 
Management, 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.''.
    (b) Technical and Conforming Amendment.--
            (1) Table of chapters.--The table of chapters for part III 
        of title 5, United States Code, is amended by adding at the end 
        the following:

``99. National Aeronautics and Space Administration.........    9901''.
            (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.--Notwithstanding section 3, the 
                amendment made by this paragraph shall take effect on 
                the first day of the first pay period beginning on or 
                after the effective date of this Act.
            (3) Compensation clarification.--Section 209 of title 18, 
        United States Code, is amended by adding at the end the 
        following:
    ``(g)(1) In this subsection, the term `private sector entity' has 
the meaning given under section 9932(a) of title 5.
    ``(2) This section does not prohibit an employee of a private 
sector entity, while assigned to the National Aeronautics and Space 
Administration under section 9932 of title 5, from continuing to 
receive pay and benefits from that entity in accordance with section 
9932 of that title.''.

SEC. 3. EFFECTIVE DATE.

    This Act shall take effect 180 days after the date of enactment of 
this Act.
                                 <all>