[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 610 Reported in Senate (RS)]
Calendar No. 236
108th CONGRESS
1st Session
S. 610
[Report No. 108-113]
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 (for himself, Mr. Nelson of Florida, Mr. Lott, Mr.
Cochran, Mr. Stevens, Mr. Sessions, Mr. Shelby, Mr. Allen, and Mr.
Coleman) introduced the following bill; which was read twice and
referred to the Committee on Governmental Affairs
July 28 (legislative day, July 21), 2003
Reported by Ms. Collins, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``NASA Workforce Flexibility
Act of 2003''.</DELETED>
<DELETED>SEC. 2. WORKFORCE AUTHORITIES AND PERSONNEL
PROVISIONS.</DELETED>
<DELETED> (a) In General.--Subpart I of part III of title 5, United
States Code, is amended by adding at the end the following:</DELETED>
<DELETED>``CHAPTER 99--NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION</DELETED>
<DELETED>``SUBCHAPTER I--WORKFORCE AUTHORITIES
<DELETED>``Sec.
<DELETED>``9901. Definitions.
<DELETED>``9902. Planning, notification, and reporting requirements.
<DELETED>``9903. Workforce authorities.
<DELETED>``9904. Recruitment, redesignation, and relocation bonuses.
<DELETED>``9905. Retention bonuses.
<DELETED>``9906. Term appointments.
<DELETED>``9907. Pay authority for critical positions.
<DELETED>``9908. Assignments of intergovernmental personnel.
<DELETED>``9909. Enhanced demonstration project authority.
<DELETED>``SUBCHAPTER II--PERSONNEL PROVISIONS
<DELETED>``9931. Definitions.
<DELETED>``9932. Administration and private sector exchange
assignments.
<DELETED>``9933. Science and technology scholarship program.
<DELETED>``9934. Distinguished scholar appointment authority.
<DELETED>``9935. Travel and transportation expenses of certain new
appointees.
<DELETED>``9936. Annual leave enhancements.
<DELETED>``9937. Limited appointments to Senior Executive Service
positions.
<DELETED>``9938. Superior qualifications pay.
<DELETED>``SUBCHAPTER I--WORKFORCE AUTHORITIES</DELETED>
<DELETED>``Sec. 9901. Definitions</DELETED>
<DELETED> In this subchapter--</DELETED>
<DELETED> ``(1) the term `Administration' means the National
Aeronautics and Space Administration;</DELETED>
<DELETED> ``(2) the term `Administrator' means the
Administrator of the National Aeronautics and Space
Administration;</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(A) the inability to fill positions;
or</DELETED>
<DELETED> ``(B) employees do not possess the
requisite skills;</DELETED>
<DELETED> ``(4) the term `employee' means an individual
employed in or under the Administration; and</DELETED>
<DELETED> ``(5) the term `workforce plan' means the plan
required under section 9902(a).</DELETED>
<DELETED>``Sec. 9902. Planning, notification, and reporting
requirements</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) A workforce plan shall include a description of--
</DELETED>
<DELETED> ``(1) each critical need of the Administration and
the criteria used in the identification of that need;</DELETED>
<DELETED> ``(2)(A) the functions, approximate number, and
classes or other categories of positions or employees that--
</DELETED>
<DELETED> ``(i) address critical needs;
and</DELETED>
<DELETED> ``(ii) would be eligible for each
authority proposed to be exercised under section 9903;
and</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(3)(A) any critical need identified under
paragraph (1) which would not be addressed by the authorities
made available under section 9903; and</DELETED>
<DELETED> ``(B) the reasons why those needs would not be so
addressed;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(6) the means by which employees will be
afforded the notification required under subsections (c) and
(d)(1)(B); and</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(e) None of the workforce authorities made available
under section 9903 may be exercised in a manner inconsistent with the
workforce plan.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) the Committee on Governmental Affairs and
the Committee on Appropriations of the Senate; and</DELETED>
<DELETED> ``(2) the Committee on Government Reform and the
Committee on Appropriations of the House of
Representatives.</DELETED>
<DELETED>``Sec. 9903. Workforce authorities</DELETED>
<DELETED> ``(a) The workforce authorities under this subchapter are
the following:</DELETED>
<DELETED> ``(1) The authority to pay recruitment,
redesignation, and relocation bonuses under section
9904.</DELETED>
<DELETED> ``(2) The authority to pay retention bonuses under
section 9905.</DELETED>
<DELETED> ``(3) The authority to make term appointments and
to take related personnel actions under section 9906.</DELETED>
<DELETED> ``(4) The authority to fix rates of basic pay for
critical positions under section 9907.</DELETED>
<DELETED> ``(5) The authority to extend intergovernmental
personnel act assignments under section 9908.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Unless specifically stated otherwise, all
authorities provided under this subchapter are subject to section
5307.</DELETED>
<DELETED>``Sec. 9904. Recruitment, redesignation, and relocation
bonuses</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) the Administrator determines that the
Administration would be likely, in the absence of a bonus, to
encounter difficulty in filling a position; and</DELETED>
<DELETED> ``(2) the individual--</DELETED>
<DELETED> ``(A) is newly appointed as an employee of
the Federal Government;</DELETED>
<DELETED> ``(B) is currently employed by the Federal
Government and is newly appointed to another position
in the same geographic area; or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d)(1)(A) Payment of a bonus under this section shall be
contingent upon the individual entering into a service agreement with
the Administration.</DELETED>
<DELETED> ``(B) At a minimum, the service agreement shall include--
</DELETED>
<DELETED> ``(i) the required service period;</DELETED>
<DELETED> ``(ii) the method of payment, including a payment
schedule, which may include a lump-sum payment, installment
payments, or a combination thereof;</DELETED>
<DELETED> ``(iii) the amount of the bonus and the basis for
calculating that amount; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) A bonus under this section may not be considered to
be part of the basic pay of an employee.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 9905. Retention bonuses</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(2) the employee would be likely to leave in the
absence of a retention bonus.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(d)(1)(A) Payment of a bonus under this section shall be
contingent upon the employee entering into a service agreement with the
Administration.</DELETED>
<DELETED> ``(B) At a minimum, the service agreement shall include--
</DELETED>
<DELETED> ``(i) the required service period;</DELETED>
<DELETED> ``(ii) the method of payment, including a payment
schedule, which may include a lump-sum payment, installment
payments, or a combination thereof;</DELETED>
<DELETED> ``(iii) the amount of the bonus and the basis for
calculating the amount; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(e) A bonus under this section may not be considered to
be part of the basic pay of an employee.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 9906. Term appointments</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) such individual was appointed under open,
competitive examination under subchapter I of chapter 33, to
the term position;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(3) the employee has completed at least 2 years
of current continuous service under a term appointment in the
competitive service;</DELETED>
<DELETED> ``(4) the employee's performance under such term
appointment was at least fully successful or equivalent;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) An employee converted under this section becomes a
career-conditional employee, unless the employee has otherwise
completed the service requirements for career tenure.</DELETED>
<DELETED> ``(e) An employee converted to career or career-
conditional employment under this section acquires competitive status
upon conversion.</DELETED>
<DELETED>``Sec. 9907. Pay authority for critical positions</DELETED>
<DELETED> ``(a) In this section, the term `position' means--
</DELETED>
<DELETED> ``(1) a position to which chapter 51 applies,
including a position in the Senior Executive Service;</DELETED>
<DELETED> ``(2) a position under the Executive Schedule
under sections 5312 through 5317;</DELETED>
<DELETED> ``(3) a position established under section 3104;
or</DELETED>
<DELETED> ``(4) a senior-level position to which section
5376(a)(1) applies.</DELETED>
<DELETED> ``(b) Authority under this section--</DELETED>
<DELETED> ``(1) may be exercised only with respect to a
position that--</DELETED>
<DELETED> ``(A) is described as addressing a
critical need in the workforce plan under section
9902(b)(2)(A); and</DELETED>
<DELETED> ``(B) requires expertise of an extremely
high level in a scientific, technical, professional, or
administrative field;</DELETED>
<DELETED> ``(2) may be exercised only to the extent
necessary to recruit or retain an individual exceptionally well
qualified for the position; and</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) The number of positions with pay fixed under this
section may not exceed 10 at any time.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 9908. Assignments of intergovernmental
personnel</DELETED>
<DELETED> ``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'.</DELETED>
<DELETED>``Sec. 9909. Enhanced demonstration project
authority</DELETED>
<DELETED> ``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'.</DELETED>
<DELETED>``SUBCHAPTER II--PERSONNEL PROVISIONS</DELETED>
<DELETED>``Sec. 9931. Definitions</DELETED>
<DELETED> In this subchapter--</DELETED>
<DELETED> ``(1) the term `Administration' means the National
Aeronautics and Space Administration; and</DELETED>
<DELETED> ``(2) the term `Administrator' means the
Administrator of the National Aeronautics and Space
Administration.</DELETED>
<DELETED>``Sec. 9932. Administration and private sector exchange
assignments</DELETED>
<DELETED> ``(a) In this section--</DELETED>
<DELETED> ``(1) the term `private sector employee' means an
employee of a private sector entity; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) an employee of a private sector entity to
the Administration,</DELETED>
<DELETED>for work of mutual concern to the Administration and the
private sector entity that the Administrator determines will be
beneficial to both.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) During the period of assignment, a private sector
employee on detail to the Administration--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(D) is subject to such regulations as the
Administrator may prescribe.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) a private sector employee assigned to the
Administration under this section;</DELETED>
<DELETED> ``(ii) such employee's legal representative,
spouse, dependents, survivors, or next of kin; or</DELETED>
<DELETED> ``(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,</DELETED>
<DELETED>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.</DELETED>
<DELETED> ``(e)(1) Appropriations of the Administration are
available to pay, or reimburse, an Administration or private sector
employee in accordance with--</DELETED>
<DELETED> ``(A) subchapter I of chapter 57 for the expenses
of--</DELETED>
<DELETED> ``(i) travel, including a per diem
allowance, to and from the assignment
location;</DELETED>
<DELETED> ``(ii) a per diem allowance at the
assignment location during the period of the
assignment; and</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(C) section 5724a(a) for the expenses of per
diem allowances for the immediate family of the employee to and
from the assignment location;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(F) section 5726(c) for the expenses of
nontemporary storage of household goods and personal effects in
connection with assignment at an isolated location.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 9933. Science and technology scholarship
program</DELETED>
<DELETED> ``(a)(1) The Administrator may carry out a program of
entering into contractual agreements with individuals described under
paragraph (2) under which--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) The individuals referred to under paragraph (1) are
individuals who--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(B) are United States citizens; and</DELETED>
<DELETED> ``(C) at the time of the initial scholarship
award, are not Federal employees as defined under section
2105.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c)(1) The Administrator may provide a scholarship under
subsection (a) for an academic year if--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) the individual agrees that the program will
not be altered without the approval of the
Administrator.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) The dollar amount of a scholarship for an academic
year shall not exceed--</DELETED>
<DELETED> ``(A) the limits established by regulation under
paragraph (4); or</DELETED>
<DELETED> ``(B) the total costs incurred in attending the
institution involved.</DELETED>
<DELETED> ``(4) A scholarship may be expended for tuition, fees, and
other authorized expenses as established by regulation.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(6) An individual may not receive a scholarship for
longer than 4 academic years, unless an extension is granted by the
Administrator.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) be in breach of the contractual agreement;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B)(i) In this subparagraph--</DELETED>
<DELETED> ``(I) the term `A' means the amount the United
States is entitled to recover;</DELETED>
<DELETED> ``(II) the term `F' means the sum of the amounts
paid to or on behalf of the participant;</DELETED>
<DELETED> ``(III) the term `t' means the total number of
months of the period of obligated service the participant is
required to serve; and</DELETED>
<DELETED> ``(IV) the term `s' means the number of months of
the period of obligated service served by the
participant.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``A=(3F)[(t-s)/
t]</DELETED>
<DELETED> ``(C) The damages that the United States is entitled to
recover shall be paid within 1 year after the date of
default.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the compliance by the individual is
impossible or would involve extreme hardship to the individual;
or</DELETED>
<DELETED> ``(B) enforcement of such obligation with respect
to any individual would be contrary to the best interests of
the Government.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Amounts appropriated for a fiscal year for
scholarships under this section shall remain available for 2 fiscal
years.</DELETED>
<DELETED>``Sec. 9934. Distinguished scholar appointment
authority</DELETED>
<DELETED> ``(a) In this section--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) is covered by the Group Coverage
Qualification Standard for Professional and Scientific
Positions; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) with respect to a position at the GS-7
level, the individual--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(2) with respect to a position at the GS-9
level, the individual--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(3) with respect to a position at the GS-11
level, the individual--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(4) with respect to a research position at the
GS-12 level, the individual--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) An appointment made under this authority shall be a
career conditional appointment in the competitive civil
service.</DELETED>
<DELETED>``Sec. 9935. Travel and transportation expenses of certain new
appointees</DELETED>
<DELETED> ``(a) In this section, the term `new appointee' means--
</DELETED>
<DELETED> ``(1) a person newly appointed or reinstated to
Federal service to the Administration to--</DELETED>
<DELETED> ``(A) a career or career-conditional
appointment;</DELETED>
<DELETED> ``(B) a term appointment;</DELETED>
<DELETED> ``(C) an excepted service appointment that
provides for noncompetitive conversion to a career or
career-conditional appointment;</DELETED>
<DELETED> ``(D) a career or limited term Senior
Executive Service appointment;</DELETED>
<DELETED> ``(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));</DELETED>
<DELETED> ``(F) an appointment to a position
established under section 3104; or</DELETED>
<DELETED> ``(G) an appointment to a position
established under section 5108; or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 9936. Annual leave enhancements</DELETED>
<DELETED> ``(a)(1) In this subsection--</DELETED>
<DELETED> ``(A) the term `newly appointed employee' means an
individual who is first appointed--</DELETED>
<DELETED> ``(i) regardless of tenure, as an employee
of the Federal Government; or</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(I) employment under the Student
Educational Employment Program administered by
the Office of Personnel Management;</DELETED>
<DELETED> ``(II) employment as a law clerk
trainee;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(IV) employment under a
provisional appointment if the new appointment
is permanent and immediately follows the
provisional appointment; or</DELETED>
<DELETED> ``(V) employment under a temporary
appointment that is neither full-time nor the
principal employment of the
individual;</DELETED>
<DELETED> ``(B) the term `period of qualified non-Federal
service' means any period of service performed by an individual
that--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) except for this section would not
otherwise be service performed by an employee for
purposes of section 6303; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) A period deemed by the Administrator under
subparagraph (A) shall continue to apply to the employee during--
</DELETED>
<DELETED> ``(i) the period of Federal service in which the
deeming is made; and</DELETED>
<DELETED> ``(ii) any subsequent period of Federal
service.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) The accrual rate established under this paragraph
shall continue to apply to the employee during--</DELETED>
<DELETED> ``(i) the period of Federal service in which such
accrual rate first applies; and</DELETED>
<DELETED> ``(ii) any subsequent period of Federal
service.</DELETED>
<DELETED>``Sec. 9937. Limited appointments to Senior Executive Service
positions</DELETED>
<DELETED> ``(a) In this section--</DELETED>
<DELETED> ``(1) the term `career reserved position' means a
position in the Administration designated under section 3132(b)
which may be filled only by--</DELETED>
<DELETED> ``(A) a career appointee; or</DELETED>
<DELETED> ``(B) a limited emergency appointee or a
limited term appointee--</DELETED>
<DELETED> ``(i) who, immediately before
entering the career reserved position, was
serving under a career or career-conditional
appointment outside the Senior Executive
Service; or</DELETED>
<DELETED> ``(ii) whose limited emergency or
limited term appointment is approved in advance
by the Office of Personnel
Management;</DELETED>
<DELETED> ``(2) the term `limited emergency appointee' has
the meaning given under section 3132; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Notwithstanding sections 3132 and 3394(b)--
</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) 4 years or less to a position the
duties of which will expire at the end of such term;
or</DELETED>
<DELETED> ``(B) 1 year or less to a position the
duties of which are continuing; and</DELETED>
<DELETED> ``(2) in rare circumstances, the Administrator may
authorize an extension of a limited appointment under--
</DELETED>
<DELETED> ``(A) paragraph (1)(A) for a period not to
exceed 2 years; and</DELETED>
<DELETED> ``(B) paragraph (1)(B) for a period not to
exceed 1 year.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(e) Notwithstanding section 3394(b) and section 3395--
</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(f) A limited term appointee may not serve more than 7
consecutive years under any combination of limited
appointments.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 9938. Superior qualifications pay</DELETED>
<DELETED> ``(a) In this section the term `employee' means an
employee as defined under section 2105 who is employed by the
Administration.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) Pay as set under this section is basic pay for such
purposes as pay set under section 5334.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(f) The Administrator may waive the restrictions in
subsection (e), based on criteria established in the plan required
under subsection (g).</DELETED>
<DELETED> ``(g) Before setting any employee's pay under this
section, the Administrator shall submit a plan to the Office of
Personnel Management, that includes--</DELETED>
<DELETED> ``(1) criteria for approval of actions to set pay
under this section;</DELETED>
<DELETED> ``(2) the level of approval required to set pay
under this section;</DELETED>
<DELETED> ``(3) all types of actions and positions to be
covered;</DELETED>
<DELETED> ``(4) the relationship between the exercise of
authority under this section and the use of other pay
incentives; and</DELETED>
<DELETED> ``(5) a process to evaluate the effectiveness of
this section.''.</DELETED>
<DELETED> (b) Technical and Conforming Amendment.--</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``99. National Aeronautics and Space Administration 9901''.
<DELETED> (2) Compensation for certain excepted personnel.--
</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Compensation clarification.--Section 209 of
title 18, United States Code, is amended by adding at the end
the following:</DELETED>
<DELETED> ``(g)(1) In this subsection, the term `private sector
entity' has the meaning given under section 9932(a) of title
5.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 3. EFFECTIVE DATE.</DELETED>
<DELETED> This Act shall take effect 180 days after the date of
enactment of this Act.</DELETED>
SECTION 1. NASA WORKFORCE AUTHORITIES AND PERSONNEL PROVISIONS.
(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
``SUBCHAPTER I--WORKFORCE AUTHORITIES
``Sec.
``9801. Definitions.
``9802. Planning, notification, and reporting requirements.
``9803. Workforce authorities.
``9804. Recruitment, redesignation, and relocation bonuses.
``9805. Retention bonuses.
``9806. Term appointments.
``9807. Pay authority for critical positions.
``9808. Assignments of intergovernmental personnel.
``SUBCHAPTER II--PERSONNEL PROVISIONS
``9831. Definitions.
``9832. Administration and private sector exchange assignments.
``9833. Science and technology scholarship program.
``9834. Distinguished scholar appointment authority.
``9835. Travel and transportation expenses of certain new appointees.
``9836. Annual leave enhancements.
``9837. Limited appointments to Senior Executive Service positions.
``9838. Superior qualifications pay.
``SUBCHAPTER I--WORKFORCE AUTHORITIES
``Sec. 9801. Definitions
``For purposes of 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--
``(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; and
``(7) the term `redesignation bonus' means a bonus under
section 9804 paid to an individual described in subsection
(a)(2) thereof.
``Sec. 9802. Planning, notification, and reporting requirements
``(a) Not later than 60 days before exercising any of the workforce
authorities under this subchapter, the Administrator shall submit a
written plan to the appropriate committees of Congress. 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 9803; 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 subchapter; 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 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);
``(7) the methods that will be used to determine if the
authorities exercised under this subchapter have successfully
addressed each critical need identified under paragraph (1);
and
``(8)(A) the recruitment methods used by the Administration
before the enactment of this chapter to recruit highly
qualified individuals;
``(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 reforms to the Administration's workforce
management practices recommended by the Columbia Accident
Investigation Board, the extent to which those recommendations
will be accepted, and, if necessary, the reasons why any
recommendations were not accepted.
``(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 and to the
appropriate committees of Congress.
``(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) 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
subchapter 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 date of enactment of this
subchapter, the Administrator shall submit to the appropriate
committees of Congress an evaluation and analysis of the actions taken
by the Administration under this subchapter, including--
``(1) an evaluation, using the methods described in
subsection (b)(7), of whether the authorities exercised under
this subchapter 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.
``Sec. 9803. Workforce authorities
``(a) The workforce authorities under this subchapter are the
following:
``(1) The authority to pay recruitment, redesignation, and
relocation bonuses under section 9804.
``(2) The authority to pay retention bonuses under section
9805.
``(3) The authority to make term appointments and to take
related personnel actions under section 9806.
``(4) The authority to fix rates of basic pay for critical
positions under section 9807.
``(5) The authority to extend intergovernmental personnel
act assignments under section 9808.
``(6) The authority to apply subchapter II of chapter 35 in
accordance with section 9810.
``(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. 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--
``(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.
``(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 (as such terms are defined in section 7103(a)
(10) and (11), respectively).
``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 (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 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 (as such terms are defined in section 7103(a)
(10) and (11), respectively).
``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'.
``SUBCHAPTER II--PERSONNEL PROVISIONS
``Sec. 9831. Definitions
``For purposes of this subchapter, the terms `Administration' and
`Administrator' have the meanings set forth in section 9801.
``Sec. 9832. 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 in a
scientific or technical position as designated by the
Administrator, to a private sector entity; and
``(B) an employee of a private sector entity serving in a
scientific or technical position 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. 9833. 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; 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), 12 months for each academic year for
which a scholarship under this section is provided.
``(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. 9834. 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. 9835. 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. 9836. Annual leave enhancements
``(a)(1) In this section--
``(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.
``(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 period deemed by the Administrator under paragraph (1)
shall continue to apply to the employee during--
``(A) the period of Federal service in which the deeming is
made; and
``(B) any subsequent period of Federal service.
``(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 paragraph shall
continue to apply to the employee during--
``(A) the period of Federal service in which such accrual
rate first applies; and
``(B) any subsequent period of Federal service.
``Sec. 9837. 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. 9838. 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 Amendments.--
(1) Table of chapters.--The table of chapters for
subchapter I of part III of title 5, United States Code, is
amended by adding after the item relating to chapter 97 the
following:
``98. National Aeronautics and Space Administration 9801''.
(2) Compensation for certain excepted personnel.--
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,''.
(3) Compensation clarification.--Section 209 of title 18,
United States Code, as amended by section 209(g)(2) of the E-
Government Act of 2002 (Public Law 107-347; 116 Stat. 2932), is
amended by adding at the end the following:
``(h) This section does not prohibit an employee of a private
sector organization, while assigned to the National Aeronautics and
Space Administration under section 9832 of title 5, from continuing to
receive pay and benefits from that organization in accordance with
section 9832 of that title.''.
(4) Continued tsp eligibility.--Section 125(c)(1) of Public
Law 100-238 (5 U.S.C. 8432 note), as amended by section
209(g)(3) of the E-Government Act of 2002 (Public Law 107-347;
116 Stat. 2932), is amended--
(A) in subparagraph (C), by striking ``or'' at the
end;
(B) in subparagraph (D), by striking ``and'' at the
end and inserting ``or''; and
(C) by adding at the end the following:
``(E) an individual assigned from the National
Aeronautics and Space Administration to a private
sector organization under section 9832 of title 5,
United States Code; and''.
(5) Ethics provisions.--
(A) One-year restriction on certain
communications.--Section 207(c)(2)(A)(v) of title 18,
United States Code, is amended by inserting ``or
section 9832'' after ``chapter 37''.
(B) Disclosure of confidential information.--
Section 1905 of title 18, United States Code, is
amended by inserting ``or section 9832'' after
``chapter 37''.
(6) Contract advice.--Section 207(l) of title 18, United
States Code, is amended by inserting ``or section 9832'' after
``chapter 37''.
(7) Amendments to title 5, united states code.--Title 5,
United States Code, is amended--
(A) in section 3111(d), by inserting ``or section
9832'' after ``chapter 37''; and
(B) in section 7353(b)(4), by inserting ``or
section 9832'' after ``chapter 37''.
Calendar No. 236
108th CONGRESS
1st Session
S. 610
[Report