[Congressional Record Volume 149, Number 173 (Monday, November 24, 2003)]
[Senate]
[Pages S15853-S15863]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      NASA FLEXIBILITY ACT OF 2003

  Mr. ENSIGN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar item No. 236, S. 
610.
  The PRESIDING OFFICER. The clerk will State the bill by title.

       A bill (S. 610) to amend the provision of title 5, United 
     States Code, to provide for workforce flexibilities and 
     certain Federal personnel positions to the National 
     Aeronautics and Space Administration, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Governmental Affairs, 
with an amendment to strike all after the enacting clause and insert in 
lieu thereof the following:
  [Strike the part shown in black brackets and insert the part shown in 
italic.]

                                 S. 610

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     [SECTION 1. SHORT TITLE.

       [This Act may be cited as the ``NASA Workforce Flexibility 
     Act of 2003''.

     [SEC. 2. WORKFORCE AUTHORITIES AND PERSONNEL PROVISIONS.

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

      [``CHAPTER 99--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

                 ``SUBCHAPTER I--WORKFORCE AUTHORITIES

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

                 [``SUBCHAPTER II--PERSONNEL PROVISIONS

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

                 [``SUBCHAPTER I--WORKFORCE AUTHORITIES

     [``Sec. 9901. Definitions

       [In this subchapter--
       [``(1) the term `Administration' means the National 
     Aeronautics and Space Administration;
       [``(2) the term `Administrator' means the Administrator of 
     the National Aeronautics and Space Administration;
       [``(3) the term `critical need' means a specific and 
     important requirement of the Administration's mission that 
     the Administration is unable to fulfill because the 
     Administration lacks the appropriate employees because of--

[[Page S15854]]

       [``(A) the inability to fill positions; or
       [``(B) employees do not possess the requisite skills;
       [``(4) the term `employee' means an individual employed in 
     or under the Administration; and
       [``(5) the term `workforce plan' means the plan required 
     under section 9902(a).

     [``Sec. 9902. Planning, notification, and reporting 
       requirements

       [``(a) Before exercising any of the workforce authorities 
     under this subchapter, the Administrator shall submit a 
     written plan to the Office of Personnel Management for 
     approval. A plan under this subchapter may not be implemented 
     without the approval of the Office of Personnel Management.
       [``(b) A workforce plan shall include a description of--
       [``(1) each critical need of the Administration and the 
     criteria used in the identification of that need;
       [``(2)(A) the functions, approximate number, and classes or 
     other categories of positions or employees that--
       [``(i) address critical needs; and
       [``(ii) would be eligible for each authority proposed to be 
     exercised under section 9903; and
       [``(B) how the exercise of those authorities with respect 
     to the eligible positions or employees involved would address 
     each critical need identified under paragraph (1);
       [``(3)(A) any critical need identified under paragraph (1) 
     which would not be addressed by the authorities made 
     available under section 9903; and
       [``(B) the reasons why those needs would not be so 
     addressed;
       [``(4) the specific criteria to be used in determining 
     which individuals may receive the benefits described under 
     sections 9904 and 9905 (including the criteria for granting 
     bonuses in the absence of a critical need), and how the level 
     of those benefits will be determined;
       [``(5) the safeguards or other measures that will be 
     applied to ensure that this subchapter is carried out in a 
     manner consistent with merit system principles;
       [``(6) the means by which employees will be afforded the 
     notification required under subsections (c) and (d)(1)(B); 
     and
       [``(7) the methods that will be used to determine if the 
     authorities exercised under section 9903 have successfully 
     addressed each critical need identified under paragraph (1).
       [``(c) Not later than 60 days before first exercising any 
     of the workforce authorities made available under this 
     subchapter, the Administrator shall provide to all employees 
     the workforce plan, and any additional information which the 
     Administrator considers appropriate.
       [``(d)(1)(A) The Administrator may submit any modifications 
     to the workforce plan to the Office of Personnel Management. 
     Modifications to the workforce plan may not be implemented 
     without the approval of the Office of Personnel Management.
       [``(B) Not later than 60 days before implementing any such 
     modifications, the Administrator shall provide an 
     appropriately modified plan to all employees of the 
     Administration.
       [``(2) Any reference in this subchapter or any other 
     provision of law to the workforce plan shall be considered to 
     include any modification made in accordance with this 
     subsection.
       [``(e) None of the workforce authorities made available 
     under section 9903 may be exercised in a manner inconsistent 
     with the workforce plan.
       [``(f) Whenever the Administration submits its performance 
     plan under section 1115 of title 31 to the Office of 
     Management and Budget for any year, the Administration shall 
     at the same time submit a copy of such plan to--
       [``(1) the Committee on Governmental Affairs and the 
     Committee on Appropriations of the Senate; and
       [``(2) the Committee on Government Reform and the Committee 
     on Appropriations of the House of Representatives.

     [``Sec. 9903. Workforce authorities

       [``(a) The workforce authorities under this subchapter are 
     the following:
       [``(1) The authority to pay recruitment, redesignation, and 
     relocation bonuses under section 9904.
       [``(2) The authority to pay retention bonuses under section 
     9905.
       [``(3) The authority to make term appointments and to take 
     related personnel actions under section 9906.
       [``(4) The authority to fix rates of basic pay for critical 
     positions under section 9907.
       [``(5) The authority to extend intergovernmental personnel 
     act assignments under section 9908.
       [``(b) No authority under this subchapter may be exercised 
     with respect to any officer who is appointed by the 
     President, by and with the advice and consent of the Senate.
       [``(c) Unless specifically stated otherwise, all 
     authorities provided under this subchapter are subject to 
     section 5307.

     [``Sec. 9904. Recruitment, redesignation, and relocation 
       bonuses

       [``(a) Notwithstanding section 5753, the Administrator may 
     pay a bonus to an individual, in accordance with the 
     workforce plan and subject to the limitations in this 
     section, if--
       [``(1) the Administrator determines that the Administration 
     would be likely, in the absence of a bonus, to encounter 
     difficulty in filling a position; and
       [``(2) the individual--
       [``(A) is newly appointed as an employee of the Federal 
     Government;
       [``(B) is currently employed by the Federal Government and 
     is newly appointed to another position in the same geographic 
     area; or
       [``(C) is currently employed by the Federal Government and 
     is required to relocate to a different geographic area to 
     accept a position with the Administration.
       [``(b) If the position is described as addressing a 
     critical need in the workforce plan under section 
     9902(b)(2)(A), the amount of a bonus may not exceed--
       [``(1) 50 percent of the employee's annual rate of basic 
     pay (including comparability payments under sections 5304 and 
     5304a, as of the beginning of the service period multiplied 
     by the service period specified under subsection 
     (d)(1)(B)(i); or
       [``(2) 100 percent of the employee's annual rate of basic 
     pay (including comparability payments under sections 5304 and 
     5304a) as of the beginning of the service period.
       [``(c) If the position is not described as addressing a 
     critical need in the workforce plan under section 
     9902(b)(2)(A), the amount of a bonus may not exceed--
       [``(1) 25 percent of the employee's annual rate of basic 
     pay (including comparability payments under sections 5304 and 
     5304a) as of the beginning of the service period multiplied 
     by the service period specified under subsection 
     (d)(1)(B)(i); or
       [``(2) 100 percent of the employee's annual rate of basic 
     pay (including comparability payments under sections 5304 and 
     5304a) as of the beginning of the service period.
       [``(d)(1)(A) Payment of a bonus under this section shall be 
     contingent upon the individual entering into a service 
     agreement with the Administration.
       [``(B) At a minimum, the service agreement shall include--
       [``(i) the required service period;
       [``(ii) the method of payment, including a payment 
     schedule, which may include a lump-sum payment, installment 
     payments, or a combination thereof;
       [``(iii) the amount of the bonus and the basis for 
     calculating that amount; and
       [``(iv) the conditions under which the agreement may be 
     terminated before the agreed-upon service period has been 
     completed, and the effect of the termination.
       [``(2) For purposes of determinations under subsections 
     (b)(1) and (c)(1), the employee's service period shall be 
     expressed as the number equal to the full years and twelfth 
     parts thereof, rounding the fractional part of a month to the 
     nearest twelfth part of a year. The service period may not be 
     less than 6 months and may not exceed 4 years.
       [``(3) A bonus under this section may not be considered to 
     be part of the basic pay of an employee.
       [``(e) Before paying a bonus under this section, the 
     Administration shall establish a plan for paying recruitment, 
     redesignation, and relocation bonuses, subject to approval by 
     the Office of Personnel Management.

     [``Sec. 9905. Retention bonuses

       [``(a) Notwithstanding section 5754, the Administrator may 
     pay a bonus to an employee, in accordance with the workforce 
     plan and subject to the limitations in this section, if the 
     Administrator determines that--
       [``(1) the unusually high or unique qualifications of the 
     employee or a special need of the Administration for the 
     employee's services makes it essential to retain the 
     employee; and
       [``(2) the employee would be likely to leave in the absence 
     of a retention bonus.
       [``(b) If the position is described as addressing a 
     critical need in the workforce plan under section 
     9902(b)(2)(A), the amount of a bonus may not exceed 50 
     percent of the employee's annual rate of basic pay (including 
     comparability payments under sections 5304 and 5304a).
       [``(c) If the position is not described as addressing a 
     critical need in the workforce plan under section 
     9902(b)(2)(A), the amount of a bonus may not exceed 25 
     percent of the employee's annual rate of basic pay (including 
     comparability payments under sections 5304 and 5304a).
       [``(d)(1)(A) Payment of a bonus under this section shall be 
     contingent upon the employee entering into a service 
     agreement with the Administration.
       [``(B) At a minimum, the service agreement shall include--
       [``(i) the required service period;
       [``(ii) the method of payment, including a payment 
     schedule, which may include a lump-sum payment, installment 
     payments, or a combination thereof;
       [``(iii) the amount of the bonus and the basis for 
     calculating the amount; and
       [``(iv) the conditions under which the agreement may be 
     terminated before the agreed-upon service period has been 
     completed, and the effect of the termination.
       [``(2) The employee's service period shall be expressed as 
     the number equal to the full years and twelfth parts thereof, 
     rounding the fractional part of a month to the nearest 
     twelfth part of a year. The service period may not be less 
     than 6 months and may not exceed 4 years.
       [``(3) Notwithstanding paragraph (1), a service agreement 
     is not required if the Administration pays a bonus in 
     biweekly installments and sets the installment payment at the 
     full bonus percentage rate established for the employee with 
     no portion of the bonus deferred. In this case, the 
     Administration shall inform the employee in writing of

[[Page S15855]]

     any decision to change the retention bonus payments. The 
     employee shall continue to accrue entitlement to the 
     retention bonus through the end of the pay period in which 
     such written notice is provided.
       [``(e) A bonus under this section may not be considered to 
     be part of the basic pay of an employee.
       [``(f) An employee is not entitled to a retention bonus 
     under this section during a service period previously 
     established for that employee under section 5753, or under 
     section 9904.

     [``Sec. 9906. Term appointments

       [``(a) The Administrator may authorize term appointments 
     within the Administration under subchapter I of chapter 33, 
     for a period of not less than 1 year and not more than 6 
     years.
       [``(b) Notwithstanding chapter 33, or any other provision 
     of law relating to the examination, certification, and 
     appointment of individuals in the competitive service, the 
     Administrator may convert an employee serving under a term 
     appointment to a permanent appointment in the competitive 
     service within the Administration without further competition 
     if--
       [``(1) such individual was appointed under open, 
     competitive examination under subchapter I of chapter 33, to 
     the term position;
       [``(2) the announcement for the term appointment from which 
     the conversion is made stated that there was potential for 
     subsequent conversion to a career-conditional or career 
     appointment;
       [``(3) the employee has completed at least 2 years of 
     current continuous service under a term appointment in the 
     competitive service;
       [``(4) the employee's performance under such term 
     appointment was at least fully successful or equivalent; and
       [``(5) the position to which such employee is being 
     converted under this section is in the same occupational 
     series, is in the same geographic location, and provides no 
     greater promotion potential than the term position for which 
     the competitive examination was conducted.
       [``(c) Notwithstanding chapter 33, or any other provision 
     of law relating to the examination, certification, and 
     appointment of individuals in the competitive service, the 
     Administrator may convert an employee serving under a term 
     appointment to a permanent appointment in the competitive 
     service within the Administration through internal 
     competitive promotion procedures if the conditions under 
     paragraphs (1) through (4) of subsection (b) are met.
       [``(d) An employee converted under this section becomes a 
     career-conditional employee, unless the employee has 
     otherwise completed the service requirements for career 
     tenure.
       [``(e) An employee converted to career or career-
     conditional employment under this section acquires 
     competitive status upon conversion.

     [``Sec. 9907. Pay authority for critical positions

       [``(a) In this section, the term `position' means--
       [``(1) a position to which chapter 51 applies, including a 
     position in the Senior Executive Service;
       [``(2) a position under the Executive Schedule under 
     sections 5312 through 5317;
       [``(3) a position established under section 3104; or
       [``(4) a senior-level position to which section 5376(a)(1) 
     applies.
       [``(b) Authority under this section--
       [``(1) may be exercised only with respect to a position 
     that--
       [``(A) is described as addressing a critical need in the 
     workforce plan under section 9902(b)(2)(A); and
       [``(B) requires expertise of an extremely high level in a 
     scientific, technical, professional, or administrative field;
       [``(2) may be exercised only to the extent necessary to 
     recruit or retain an individual exceptionally well qualified 
     for the position; and
       [``(3) may be exercised only in retaining employees of the 
     Administration or in appointing individuals who were not 
     employees of another Federal agency as defined under section 
     5102(a)(1).
       [``(c)(1) Notwithstanding section 5377, the Administrator 
     may fix the rate of basic pay for a position in the 
     Administration in accordance with this section. The 
     Administrator may not delegate this authority.
       [``(2) The number of positions with pay fixed under this 
     section may not exceed 10 at any time.
       [``(d)(1) The rate of basic pay fixed under this section 
     may not be less than the rate of basic pay (including any 
     comparability payments) which would otherwise be payable for 
     the position involved if this section had never been enacted.
       [``(2) The annual rate of basic pay fixed under this 
     section may not exceed the per annum rate of salary payable 
     under section 104 of title 3.
       [``(3) Notwithstanding any provision of section 5307, in 
     the case of an employee who, during any calendar year, is 
     receiving pay at a rate fixed under this section, no 
     allowance, differential, bonus, award, or similar cash 
     payment may be paid to such employee if, or to the extent 
     that, when added to basic pay paid or payable to such 
     employee (for service performed in such calendar year as an 
     employee in the executive branch or as an employee outside 
     the executive branch to whom chapter 51 applies), such 
     payment would cause the total to exceed the per annum rate of 
     salary which, as of the end of such calendar year, is payable 
     under section 104 of title 3.

     [``Sec. 9908. Assignments of intergovernmental personnel

       [``For purposes of applying the third sentence of section 
     3372(a) (relating to the authority of the head of a Federal 
     agency to extend the period of an employee's assignment to or 
     from a State or local government, institution of higher 
     education, or other organization), the Administrator may, 
     with the concurrence of the employee and the government or 
     organization concerned, take any action which would be 
     allowable if such sentence had been amended by striking `two' 
     and inserting `four'.

     [``Sec. 9909. Enhanced demonstration project authority

       [``When conducting a demonstration project at the 
     Administration, section 4703(d)(1)(A) may be applied by 
     substituting `such numbers of individuals as determined by 
     the Administrator' for `not more than 5,000 individuals'.

                 ``SUBCHAPTER II--PERSONNEL PROVISIONS

     [``Sec. 9931. Definitions

       [In this subchapter--
       [``(1) the term `Administration' means the National 
     Aeronautics and Space Administration; and
       [``(2) the term `Administrator' means the Administrator of 
     the National Aeronautics and Space Administration.

     [``Sec. 9932. Administration and private sector exchange 
       assignments

       [``(a) In this section--
       [``(1) the term `private sector employee' means an employee 
     of a private sector entity; and
       [``(2) the term `private sector entity' means an 
     organization, company, corporation, or other business 
     concern, or a foreign government or agency of a foreign 
     government, that is not a State, local government, Federal 
     agency, or other organization as defined under section 3371 
     (1), (2), (3), and (4), respectively.
       [``(b)(1) On request from or with the concurrence of a 
     private sector entity, and with the consent of the employee 
     concerned, the Administrator may arrange for the assignment 
     of--
       [``(A) an employee of the Administration serving under a 
     career or career-conditional appointment, a career appointee 
     in the Senior Executive Service, or an individual under an 
     appointment of equivalent tenure in an excepted service 
     position, but excluding employees in positions which have 
     been excepted from the competitive service by reasons of 
     their confidential, policy-determining, policymaking, or 
     policy-advocating character, to a private sector entity; and
       [``(B) an employee of a private sector entity to the 
     Administration,
     for work of mutual concern to the Administration and the 
     private sector entity that the Administrator determines will 
     be beneficial to both.
       [``(2) The period of an assignment under this section may 
     not exceed 2 years. However, the Administrator may extend the 
     period of assignment for not more than 2 additional years.
       [``(3) An employee of the Administration may be assigned 
     under this section only if the employee agrees, as a 
     condition of accepting an assignment, to serve in the 
     Administration upon the completion of the assignment for a 
     period equal to the length of the assignment. The 
     Administrator may waive the requirement under this paragraph, 
     with the approval of the Office of Management and Budget, 
     with respect to any employee if the Administrator determines 
     it to be in the best interests of the United States to do so.
       [``(4) Each agreement required under paragraph (3) shall 
     provide that if the employee fails to carry out the agreement 
     (except in the case of a waiver made under paragraph (3)), 
     the employee shall be liable to the United States for payment 
     of all expenses (excluding salary) of the assignment. The 
     amount due shall be treated as a debt due the United States.
       [``(c)(1) An Administration employee assigned to a private 
     sector entity under this section is deemed, during the 
     assignment, to be on detail to a work assignment (as a 
     detailee to the entity).
       [``(2) An Administration employee assigned under this 
     section on detail remains an employee of the Administration. 
     Chapter 171 of title 28 and any other Federal tort liability 
     statute apply to the Administration employee so assigned, and 
     all defenses available to the United States under these laws 
     or applicable provisions of State law shall remain in effect. 
     The supervision of the duties of an Administration employee 
     assigned to the private sector entity through detail may be 
     governed by agreement between the Administration and the 
     private sector entity concerned.
       [``(3) The assignment of an Administration employee on 
     detail to a private sector entity under this section may be 
     made with or without reimbursement by the private sector 
     entity for the travel and transportation expenses to or from 
     the place of assignment, for the pay, or supplemental pay, or 
     a part thereof, of the employee, or for the contribution of 
     the Administration to the employee's benefit systems during 
     the assignment. Any reimbursements shall be credited to the 
     appropriation of the Administration used for paying the 
     travel and transportation expenses, pay, or benefits, and not 
     paid to the employee.

[[Page S15856]]

       [``(d)(1) An employee of a private sector entity who is 
     assigned to the Administration under an arrangement under 
     this section shall be deemed on detail to the Administration.
       [``(2) During the period of assignment, a private sector 
     employee on detail to the Administration--
       [``(A) is not entitled to pay from the Administration, 
     except to the extent that the pay received from the private 
     sector entity is less than the appropriate rate of pay which 
     the duties would warrant under the pay provisions of this 
     title or other applicable authority;
       [``(B) is deemed an employee of the Administration for the 
     purpose of chapter 73 of this title, the Ethics in Government 
     Act of 1978, section 27 of the Office of Federal Procurement 
     Policy Act, sections 201, 203, 205, 207, 208, 209, 602, 603, 
     606, 607, 610, 643, 654, 1905, and 1913 of title 18, sections 
     1343, 1344, and 1349(b) of title 31, chapter 171 of title 28, 
     and any other Federal tort liability statute, and any other 
     provision of Federal criminal law, unless otherwise 
     specifically exempted;
       [``(C) notwithstanding subparagraph (B), is also deemed to 
     be an employee of his or her private sector employer for 
     purposes of section 208 of title 18; and
       [``(D) is subject to such regulations as the Administrator 
     may prescribe.
       [``(3) The supervision of the duties of an employee 
     assigned under this subsection may be governed by agreement 
     between the Administration and the private sector entity.
       [``(4) A detail of a private sector employee to the 
     Administration may be made with or without reimbursement by 
     the Administration for the pay, or a part thereof, of the 
     employee during the period of assignment, or for the 
     contribution of the private sector entity, or a part thereof, 
     to employee benefit systems.
       [``(5)(A) A private sector employee on detail to the 
     Administration under this section who suffers disability or 
     dies as a result of personal injury sustained while in the 
     performance of duties during the assignment shall be treated, 
     for the purpose of subchapter I of chapter 81 as an employee 
     as defined under section 8101 who had sustained the injury in 
     the performance of duties.
       [``(B) When an employee (or the employee's dependents in 
     case of death) entitled by reason of injury or death to 
     benefits under subchapter I of chapter 81 is also entitled to 
     benefits from the employee's private sector employer for the 
     same injury or death, the employee (or the employee's 
     dependents in case of death) shall elect which benefits the 
     employee will receive. The election shall be made within 1 
     year after the injury or death, or such further time as the 
     Secretary of Labor may allow for reasonable cause shown. When 
     made, the election is irrevocable.
       [``(C) Except as provided in subparagraphs (A) and (B), and 
     notwithstanding any other law, the United States, any 
     instrumentality of the United States, or an employee, agent, 
     or assign of the United States shall not be liable to--
       [``(i) a private sector employee assigned to the 
     Administration under this section;
       [``(ii) such employee's legal representative, spouse, 
     dependents, survivors, or next of kin; or
       [``(iii) any other person, including any third party as to 
     whom such employee, or that employee's legal representative, 
     spouse, dependents, survivors, or next of kin, has a cause of 
     action arising out of an injury or death sustained in the 
     performance of duty pursuant to an assignment under this 
     section, otherwise entitled to recover damages from the 
     United States, any instrumentality of the United States, or 
     any employee, agency, or assign of the United States, with 
     respect to any injury or death suffered by a private sector 
     employee sustained in the performance of duties pursuant to 
     an assignment under this section.
       [``(e)(1) Appropriations of the Administration are 
     available to pay, or reimburse, an Administration or private 
     sector employee in accordance with--
       [``(A) subchapter I of chapter 57 for the expenses of--
       [``(i) travel, including a per diem allowance, to and from 
     the assignment location;
       [``(ii) a per diem allowance at the assignment location 
     during the period of the assignment; and
       [``(iii) travel, including a per diem allowance, while 
     traveling on official business away from the employee's 
     designated post of duty during the assignment when the 
     Administrator considers the travel to be in the interest of 
     the United States;
       [``(B) section 5724 for the expenses of transportation of 
     the employee's immediate family, household goods, and 
     personal effects to and from the assignment location;
       [``(C) section 5724a(a) for the expenses of per diem 
     allowances for the immediate family of the employee to and 
     from the assignment location;
       [``(D) section 5724a(c) for subsistence expenses of the 
     employee and immediate family while occupying temporary 
     quarters at the assignment location and on return to the 
     employee's former post of duty;
       [``(E) section 5724a(g) to be used by the employee for 
     miscellaneous expenses related to change of station where 
     movement or storage of household goods is involved; and
       [``(F) section 5726(c) for the expenses of nontemporary 
     storage of household goods and personal effects in connection 
     with assignment at an isolated location.
       [``(2) Expenses specified in paragraph (1), other than 
     those in paragraph (1)(A)(iii), may not be allowed in 
     connection with the assignment of an Administration or 
     private sector employee under this section, unless and until 
     the employee agrees in writing to complete the entire period 
     of his assignment or 1 year, whichever is shorter, unless 
     separated or reassigned for reasons beyond his control that 
     are acceptable to the Administrator. If the employee violates 
     the agreement, the money spent by the United States for these 
     expenses is recoverable from the employee as a debt due the 
     United States. The Administrator may waive in whole or in 
     part a right of recovery under this paragraph with respect to 
     a private sector employee on assignment with the 
     Administration or an Administration employee on assignment 
     with a private sector entity.
       [``(3) Appropriations of the Administration are available 
     to pay expenses under section 5742 with respect to an 
     Administration or private sector employee assigned under this 
     authority.
       [``(f) A private sector entity may not charge the Federal 
     Government, as direct or indirect costs under a Federal 
     contract, the costs of pay or benefits paid by the entity to 
     an employee assigned to the Administration under this section 
     for the period of the assignment.

     [``Sec. 9933. Science and technology scholarship program

       [``(a)(1) The Administrator may carry out a program of 
     entering into contractual agreements with individuals 
     described under paragraph (2) under which--
       [``(A) the Administrator agrees to provide to the 
     individuals scholarships for pursuing, at accredited 
     institutions of higher education, academic programs 
     appropriate for careers in professions needed by the 
     Administration; and
       [``(B) the individuals agree to serve as employees of the 
     Administration, for the period described under subsection 
     (b), in positions needed by the Administration and for which 
     the individuals are qualified.
       [``(2) The individuals referred to under paragraph (1) are 
     individuals who--
       [``(A) are enrolled or accepted for enrollment as full-time 
     students at accredited institutions of higher education in an 
     academic field or discipline prescribed by the 
     Administration;
       [``(B) are United States citizens; and
       [``(C) at the time of the initial scholarship award, are 
     not Federal employees as defined under section 2105.
       [``(b)(1) For purposes of subsection (a)(1)(B), the period 
     of service for which an individual is obligated to serve as 
     an employee of the Administration is, subject to subparagraph 
     (A) of paragraph (2), 12 months for each academic year for 
     which the scholarship under such subsection is provided.
       [``(2)(A) Subject to subparagraph (B), the Administrator 
     may provide a scholarship under this section if the 
     individual applying for the scholarship agrees that, not 
     later than 60 days after obtaining the educational degree 
     involved, the individual will begin serving full-time as an 
     employee in satisfaction of the period of service that the 
     individual is obligated to provide.
       [``(B) The Administrator may defer the obligation of an 
     individual to provide a period of service under this 
     subsection, if the Administrator determines that such a 
     deferral is appropriate.
       [``(c)(1) The Administrator may provide a scholarship under 
     subsection (a) for an academic year if--
       [``(A) the individual applying for the scholarship has 
     submitted to the Administrator a proposed academic program 
     leading to a degree in an academic field or discipline 
     approved by the Administration; or
       [``(B) the individual agrees that the program will not be 
     altered without the approval of the Administrator.
       [``(2) The Administrator may provide a scholarship under 
     this section for an academic year if the individual applying 
     for the scholarship agrees to maintain a high level of 
     academic standing as defined by regulation.
       [``(3) The dollar amount of a scholarship for an academic 
     year shall not exceed--
       [``(A) the limits established by regulation under paragraph 
     (4); or
       [``(B) the total costs incurred in attending the 
     institution involved.
       [``(4) A scholarship may be expended for tuition, fees, and 
     other authorized expenses as established by regulation.
       [``(5) The Administrator may enter into a contractual 
     agreement with an institution of higher education under which 
     the amounts provided in the scholarship for tuition, fees, 
     and other authorized expenses are paid directly to the 
     institution with respect to which a scholarship is provided.
       [``(6) An individual may not receive a scholarship for 
     longer than 4 academic years, unless an extension is granted 
     by the Administrator.
       [``(d)(1)(A) Any scholarship recipient who fails to 
     maintain a high level of academic standing, who is dismissed 
     from an educational institution for disciplinary reasons, or 
     who voluntarily terminates academic training before 
     graduation from the educational program for which the 
     scholarship was awarded, shall--
       [``(i) be in breach of the contractual agreement; and
       [``(ii) in lieu of any service obligation arising under 
     such agreement, be liable to the United States for repayment 
     of all scholarship funds paid to that recipient and to the

[[Page S15857]]

     educational institution on their behalf under the agreement 
     within 1 year after the date of default.
       [``(B) The repayment period may be extended by the 
     Administrator when determined to be necessary, as established 
     by regulation. A penalty for failure to complete the academic 
     program for which the scholarship was awarded may be assessed 
     at the discretion of the Administrator, in addition to the 
     repayment with interest as provided under paragraph (3).
       [``(2)(A) A scholarship recipient who, for any reason, 
     fails to begin or complete that recipient's service 
     obligation after completion of academic training, or fails to 
     comply with the terms and conditions of deferment established 
     by the Administrator, shall be in breach of the contractual 
     agreement.
       [``(B)(i) In this subparagraph--
       [``(I) the term `A' means the amount the United States is 
     entitled to recover;
       [``(II) the term `F' means the sum of the amounts paid to 
     or on behalf of the participant;
       [``(III) the term `t' means the total number of months of 
     the period of obligated service the participant is required 
     to serve; and
       [``(IV) the term `s' means the number of months of the 
     period of obligated service served by the participant.
       [``(ii) When a recipient breaches the agreement as provided 
     under subparagraph (A), the United States shall be entitled 
     to recover damages equal to 3 times the scholarship award, in 
     accordance with the following formula:

       [``A=(3F)[(t-s)/t]

       [``(C) The damages that the United States is entitled to 
     recover shall be paid within 1 year after the date of 
     default.
       [``(3) Beginning 90 days after default, interest shall 
     accrue on the payments required to be made under this 
     subsection, at a rate to be determined by regulation 
     established by the Administrator.
       [``(e)(1) Any obligation of an individual incurred under 
     this section for service or payment of damages may be 
     canceled upon the death of the individual.
       [``(2) The Administrator shall by regulation provide for 
     the partial or total waiver or suspension of any obligation 
     of service or payment incurred by an individual under this 
     section if--
       [``(A) the compliance by the individual is impossible or 
     would involve extreme hardship to the individual; or
       [``(B) enforcement of such obligation with respect to any 
     individual would be contrary to the best interests of the 
     Government.
       [``(f) The Administrator may provide a scholarship under 
     this section if an application for the scholarship is 
     submitted to the Administrator and the application is in such 
     form, is made in such manner, and contains such agreements, 
     assurance, and information as the Administrator determines to 
     be necessary to carry out this section.
       [``(g)(1) There are authorized to be appropriated to the 
     Administration to carry out this section $10,000,000 for 
     fiscal year 2004 and $10,000,000 for each succeeding fiscal 
     year.
       [``(2) Amounts appropriated for a fiscal year for 
     scholarships under this section shall remain available for 2 
     fiscal years.

     [``Sec. 9934. Distinguished scholar appointment authority

       [``(a) In this section--
       [``(1) the term `professional position' means a position 
     that is classified to an occupational series identified by 
     the Office of Personnel Management as a position that--
       [``(A) requires education and training in the principles, 
     concepts, and theories of the occupation that typically can 
     be gained only through completion of a specified curriculum 
     at a recognized college or university; and
       [``(B) is covered by the Group Coverage Qualification 
     Standard for Professional and Scientific Positions; and
       [``(2) the term `research position' means a position in a 
     professional series that primarily involves scientific 
     inquiry or investigation, or research-type exploratory 
     development of a creative or scientific nature, where the 
     knowledge required to perform the work successfully is 
     acquired typically and primarily through graduate study.
       [``(b) The Administration may appoint, without regard to 
     the provisions of sections 3304(b) and 3309 through 3318, 
     candidates directly to General Schedule professional 
     positions in the Administration for which public notice has 
     been given, if--
       [``(1) with respect to a position at the GS-7 level, the 
     individual--
       [``(A) received, from an accredited institution authorized 
     to grant baccalaureate degrees, a baccalaureate degree in a 
     field of study for which possession of that degree in 
     conjunction with academic achievements meets the 
     qualification standards as prescribed by the Office of 
     Personnel Management for the position to which the individual 
     is being appointed; and
       [``(B) achieved a cumulative grade point average of 3.0 or 
     higher on a 4.0 scale and a grade point average of 3.5 or 
     higher for courses in the field of study required to qualify 
     for the position;
       [``(2) with respect to a position at the GS-9 level, the 
     individual--
       [``(A) received, from an accredited institution authorized 
     to grant graduate degrees, a graduate degree in a field of 
     study for which possession of that degree meets the 
     qualification standards at this grade level as prescribed by 
     the Office of Personnel Management for the position to which 
     the individual is being appointed; and
       [``(B) achieved a cumulative grade point average of 3.5 or 
     higher on a 4.0 scale in graduate coursework in the field of 
     study required for the position;
       [``(3) with respect to a position at the GS-11 level, the 
     individual--
       [``(A) received, from an accredited institution authorized 
     to grant graduate degrees, a graduate degree in a field of 
     study for which possession of that degree meets the 
     qualification standards at this grade level as prescribed by 
     the Office of Personnel Management for the position to which 
     the individual is being appointed; and
       [``(B) achieved a cumulative grade point average of 3.5 or 
     higher on a 4.0 scale in graduate coursework in the field of 
     study required for the position; or
       [``(4) with respect to a research position at the GS-12 
     level, the individual--
       [``(A) received, from an accredited institution authorized 
     to grant graduate degrees, a graduate degree in a field of 
     study for which possession of that degree meets the 
     qualification standards at this grade level as prescribed by 
     the Office of Personnel Management for the position to which 
     the individual is being appointed; and
       [``(B) achieved a cumulative grade point average of 3.5 or 
     higher on a 4.0 scale in graduate coursework in the field of 
     study required for the position.
       [``(c) Veterans' preference procedures shall apply when 
     selecting candidates under this section. Preference eligibles 
     who meet the criteria for distinguished scholar appointments 
     shall be considered ahead of nonpreference eligibles.
       [``(d) An appointment made under this authority shall be a 
     career conditional appointment in the competitive civil 
     service.

     [``Sec. 9935. Travel and transportation expenses of certain 
       new appointees

       [``(a) In this section, the term `new appointee' means--
       [``(1) a person newly appointed or reinstated to Federal 
     service to the Administration to--
       [``(A) a career or career-conditional appointment;
       [``(B) a term appointment;
       [``(C) an excepted service appointment that provides for 
     noncompetitive conversion to a career or career-conditional 
     appointment;
       [``(D) a career or limited term Senior Executive Service 
     appointment;
       [``(E) an appointment made under section 203(c)(2)(A) of 
     the National Aeronautics and Space Act of 1958 (42 U.S.C. 
     2473(c)(2)(A));
       [``(F) an appointment to a position established under 
     section 3104; or
       [``(G) an appointment to a position established under 
     section 5108; or
       [``(2) a student trainee who, upon completion of academic 
     work, is converted to an appointment in the Administration 
     that is identified in paragraph (1) in accordance with an 
     appropriate authority.
       [``(b) The Administrator may pay the travel, 
     transportation, and relocation expenses of a new appointee to 
     the same extent, in the same manner, and subject to the same 
     conditions as the payment of such expenses under sections 
     5724, 5724a, 5724b, and 5724c to an employee transferred in 
     the interests of the United States Government.

     [``Sec. 9936. Annual leave enhancements

       [``(a)(1) In this subsection--
       [``(A) the term `newly appointed employee' means an 
     individual who is first appointed--
       [``(i) regardless of tenure, as an employee of the Federal 
     Government; or
       [``(ii) as an employee of the Federal Government following 
     a break in service of at least 90 days after that 
     individual's last period of Federal employment, other than--
       [``(I) employment under the Student Educational Employment 
     Program administered by the Office of Personnel Management;
       [``(II) employment as a law clerk trainee;
       [``(III) employment under a short-term temporary appointing 
     authority while a student during periods of vacation from the 
     educational institution at which the student is enrolled;
       [``(IV) employment under a provisional appointment if the 
     new appointment is permanent and immediately follows the 
     provisional appointment; or
       [``(V) employment under a temporary appointment that is 
     neither full-time nor the principal employment of the 
     individual;
       [``(B) the term `period of qualified non-Federal service' 
     means any period of service performed by an individual that--
       [``(i) was performed in a position the duties of which were 
     directly related to the duties of the position in the 
     Administration to which that individual will fill as a newly 
     appointed employee; and
       [``(ii) except for this section would not otherwise be 
     service performed by an employee for purposes of section 
     6303; and
       [``(C) the term `directly related to the duties of the 
     position' means duties and responsibilities in the same line 
     of work which require similar qualifications.
       [``(2)(A) For purposes of section 6303, the Administrator 
     may deem a period of qualified non-Federal service performed 
     by a newly appointed employee to be a period of service of 
     equal length performed as an employee.
       [``(B) A period deemed by the Administrator under 
     subparagraph (A) shall continue to apply to the employee 
     during--
       [``(i) the period of Federal service in which the deeming 
     is made; and
       [``(ii) any subsequent period of Federal service.
       [``(3)(A) Notwithstanding section 6303(a), the annual leave 
     accrual rate for an employee of the Administration in a 
     position

[[Page S15858]]

     paid under section 5376 or 5383, or for an employee in an 
     equivalent category whose rate of basic pay is greater than 
     the rate payable at GS-15, step 10, shall be 1 day for each 
     full biweekly pay period.
       [``(B) The accrual rate established under this paragraph 
     shall continue to apply to the employee during--
       [``(i) the period of Federal service in which such accrual 
     rate first applies; and
       [``(ii) any subsequent period of Federal service.

     [``Sec. 9937. Limited appointments to Senior Executive 
       Service positions

       [``(a) In this section--
       [``(1) the term `career reserved position' means a position 
     in the Administration designated under section 3132(b) which 
     may be filled only by--
       [``(A) a career appointee; or
       [``(B) a limited emergency appointee or a limited term 
     appointee--
       [``(i) who, immediately before entering the career reserved 
     position, was serving under a career or career-conditional 
     appointment outside the Senior Executive Service; or
       [``(ii) whose limited emergency or limited term appointment 
     is approved in advance by the Office of Personnel Management;
       [``(2) the term `limited emergency appointee' has the 
     meaning given under section 3132; and
       [``(3) the term `limited term appointee' means an 
     individual appointed to a Senior Executive Service position 
     in the Administration to meet a bona fide temporary need, as 
     determined by the Administrator.
       [``(b) The number of career reserved positions which are 
     filled by an appointee as described under subsection 
     (a)(1)(B) may not exceed 10 percent of the total number of 
     Senior Executive Service positions allocated to the 
     Administration.
       [``(c) Notwithstanding sections 3132 and 3394(b)--
       [``(1) the Administrator may appoint an individual to any 
     Senior Executive Service position in the Administration as a 
     limited term appointee under this section for a period of--
       [``(A) 4 years or less to a position the duties of which 
     will expire at the end of such term; or
       [``(B) 1 year or less to a position the duties of which are 
     continuing; and
       [``(2) in rare circumstances, the Administrator may 
     authorize an extension of a limited appointment under--
       [``(A) paragraph (1)(A) for a period not to exceed 2 years; 
     and
       [``(B) paragraph (1)(B) for a period not to exceed 1 year.
       [``(d) A limited term appointee who has been appointed in 
     the Administration from a career or career-conditional 
     appointment outside the Senior Executive Service shall have 
     reemployment rights in the agency from which appointed, or in 
     another agency, under requirements and conditions established 
     by the Office of Personnel Management. The Office shall have 
     the authority to direct such placement in any agency.
       [``(e) Notwithstanding section 3394(b) and section 3395--
       [``(1) a limited term appointee serving under a term 
     prescribed under this section may be reassigned to another 
     Senior Executive Service position in the Administration, the 
     duties of which will expire at the end of a term of 4 years 
     or less; and
       [``(2) a limited term appointee serving under a term 
     prescribed under this section may be reassigned to another 
     continuing Senior Executive Service position in the 
     Administration, except that the appointee may not serve in 1 
     or more positions in the Administration under such 
     appointment in excess of 1 year, except that in rare 
     circumstances, the Administrator may approve an extension up 
     to an additional 1 year.
       [``(f) A limited term appointee may not serve more than 7 
     consecutive years under any combination of limited 
     appointments.
       [``(g) Notwithstanding section 5384, the Administrator may 
     authorize performance awards to limited term appointees in 
     the Administration in the same amounts and in the same manner 
     as career appointees.

     [``Sec. 9938. Superior qualifications pay

       [``(a) In this section the term `employee' means an 
     employee as defined under section 2105 who is employed by the 
     Administration.
       [``(b) Notwithstanding section 5334, the Administrator may 
     set the pay of an employee paid under the General Schedule at 
     any step within the pay range for the grade of the position, 
     based on the superior qualifications of the employee, or the 
     special need of the Administration.
       [``(c) If an exercise of the authority under this section 
     relates to a current employee selected for another position 
     within the Administration, a determination shall be made that 
     the employee's contribution in the new position will exceed 
     that in the former position, before setting pay under this 
     section.
       [``(d) Pay as set under this section is basic pay for such 
     purposes as pay set under section 5334.
       [``(e) If the employee serves for at least 1 year in the 
     position for which the pay determination under this section 
     was made, or a successor position, the pay earned under such 
     position may be used in succeeding actions to set pay under 
     chapter 53.
       [``(f) The Administrator may waive the restrictions in 
     subsection (e), based on criteria established in the plan 
     required under subsection (g).
       [``(g) Before setting any employee's pay under this 
     section, the Administrator shall submit a plan to the Office 
     of Personnel Management, that includes--
       [``(1) criteria for approval of actions to set pay under 
     this section;
       [``(2) the level of approval required to set pay under this 
     section;
       [``(3) all types of actions and positions to be covered;
       [``(4) the relationship between the exercise of authority 
     under this section and the use of other pay incentives; and
       [``(5) a process to evaluate the effectiveness of this 
     section.''.
       [(b) Technical and Conforming Amendment.--
       [(1) Table of chapters.--The table of chapters for part III 
     of title 5, United States Code, is amended by adding at the 
     end the following:

[ ``99. National Aeronautics and Space Administration.......9901''.....

       [(2) Compensation for certain excepted personnel.--
       [(A) In general.--Subparagraph (A) of section 203(c)(2) of 
     the National Aeronautics and Space Act of 1958 (42 U.S.C. 
     2473(c)(2)(A)) is amended by striking ``the highest rate of 
     grade 18 of the General Schedule of the Classification Act of 
     1949, as amended,'' and inserting ``the rate of basic pay 
     payable for level III of the Executive Schedule,''.
       [(B) Effective date.--Notwithstanding section 3, the 
     amendment made by this paragraph shall take effect on the 
     first day of the first pay period beginning on or after the 
     effective date of this Act.
       [(3) Compensation clarification.--Section 209 of title 18, 
     United States Code, is amended by adding at the end the 
     following:
       [``(g)(1) In this subsection, the term `private sector 
     entity' has the meaning given under section 9932(a) of title 
     5.
       [``(2) This section does not prohibit an employee of a 
     private sector entity, while assigned to the National 
     Aeronautics and Space Administration under section 9932 of 
     title 5, from continuing to receive pay and benefits from 
     that entity in accordance with section 9932 of that title.''.

     [SEC. 3. EFFECTIVE DATE.

       [This Act shall take effect 180 days after the date of 
     enactment of this Act.]

     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

[[Page S15859]]

     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.

[[Page S15860]]

       ``(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--

[[Page S15861]]

       ``(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--

[[Page S15862]]

       ``(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)--

[[Page S15863]]

       ``(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''.
  Mr. ENSIGN. Mr. President, I ask unanimous consent that the 
substitute amendment at the desk be agreed to, the committee amendment, 
as amended, be agreed to, the bill, as amended, be read the third time 
and passed, the motion to reconsider be laid upon the table, and that 
any statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2214) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The committee amendment, as amended, was agreed to.
  The bill, as amended, was read the third time and passed.

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