[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