[Congressional Record Volume 150, Number 7 (Wednesday, January 28, 2004)]
[House]
[Pages H132-H143]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NASA FLEXIBILITY ACT OF 2003
The SPEAKER pro tempore. Pursuant to House Resolution 502 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the consideration of the Senate bill, S.
610.
{time} 1056
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the
Senate bill (S. 610) to amend the provision of title 5, United States
Code, to provide for workforce flexibilities and certain Federal
personnel provisions relating to the National Aeronautics and Space
Administration, and for other purposes, with Mr. Isakson in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered as having
been read the first time.
Under the rule, the gentleman from New York (Mr. Boehlert) and the
gentleman from Tennessee (Mr. Gordon) each will control 20 minutes; and
the gentleman from Virginia (Mr. Tom Davis) and the gentleman from
Illinois (Mr. Davis) each will control 10 minutes.
The Chair recognizes the gentleman from New York (Mr. Boehlert).
Mr. BOEHLERT. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I rise in strong support of S. 610 and I urge my
colleagues to approve it and send it to the White House for the
President's signature.
This measure is a top priority of the entire administration,
especially, of course, of the NASA Administrator. We have taken more
than long enough to turn the bill into law.
The need for this bill, it seems to me, is beyond dispute. Events of
the past year have highlighted NASA's need to attract and retain the
best workforce imaginable, and yet NASA is on the brink of losing the
talent that it already has.
Within just 5 years, 5 years, fully one-quarter of NASA's workforce
will be eligible to retire. It is no wonder that the General Accounting
Office has repeatedly cited strengthening human capital as one of
NASA's top management challenges. We must stem the tide of the brain
drain. S. 610 is a targeted, carefully crafted, moderate approach to
giving NASA additional tools to meet that challenge. The bill does not
make any radical departures from current law. Rather, it modifies and
expands existing workforce authorities so that NASA can compete with
the private sector in the labor market. That is just common sense.
Will changes in civil service laws solve all of NASA's workforce
problems? Of course not. But NASA will not be better prepared to
recruit and retain the workforce it needs if it is competing with one
hand tied behind its back, as it is with current law.
This bill began as a proposal from NASA. We went over that proposal
with a fine tooth comb, accepted some provisions, rejected others, and
modified many more to clarify and target the new authority.
As a result of those negotiations and additional work in the other
body, we
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have finally ended up with the noncontroversial product that is before
us today. A bill eagerly awaited by the administration, a bill that
faces no opposition from organized labor, a bill that passed the Senate
by unanimous consent.
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In short, this is a bill that will make a real difference to NASA and
the work we charge it to do without taking any untested approaches or
crossing any ideological trip wires.
I should note that the bill before us is nearly identical to my
original bill, H.R. 1085, as reported by the House Committee on Science
almost 6 months ago.
The most significant difference between the two measures is that S.
610 no longer includes a provision that would have increased the number
of employees who could participate in a personnel demonstration
project. We are trying to minimize the number of people that can be in
a pilot project. If we do not limit the number, we end up having a
universal project. NASA was never able to give us any sense of how it
would use the requested new authority, and I have no regrets that it
has not remained in the bill.
I probably should also point out that we never included in H.R. 1085
authority the administration sought to allow private sector employees
to work as government employees for a set period of time. This reverse
Intergovernmental Personnel Act program seemed destined to confuse
further the line between contract and government workers that already
bedevils NASA.
The result of these kinds of decisions, once again, is that we have
before us a bill that is not the least bit controversial, but is no
less significant for that. It took a lot of work to get us to this
point, but it will be worth it.
I want to thank the gentleman from Virginia (Chairman Tom Davis) and
the rest of the Committee on Government Reform for working so closely
with us on this measure. The gentleman from Virginia (Mr. Tom Davis)
had his own NASA provision as a part of a larger workforce bill, H.R.
1836.
I also want to thank the gentleman from Tennessee (Mr. Gordon), our
new ranking member, for getting us off to such an amicable start. It
has been a pleasure to work with the gentleman from Tennessee (Mr.
Gordon) all these years, and I welcome him to this position of new
responsibility and authority and am confident he will serve us all well
in this post and will carry on the tradition that we have established
in the Committee on Science of working across the aisle, working
together to sort out things, to minimize our differences and maximize
the opportunities we have to address real problems and deal with them
responsibly.
The gentleman from Tennessee (Mr. Gordon) was willing to look at this
bill afresh in light of the work we had done with the Senate and events
that had transpired since our markup. As a result, we are coming to the
floor as a team. Not everyone in this Chamber would have been willing
to do that, and I greatly appreciate it.
I also want to thank the gentleman from California (Mr. Rohrabacher),
the chairman of our Subcommittee on Space and Aeronautics, who
contributed important scholarship provisions to the bill, and to
welcome the gentleman from Texas (Mr. Lampson), the new ranking member
of the subcommittee, my friend and colleague.
Mr. Chairman, as I have mentioned, this bill is ready for the
President's signature. I urge my colleagues to oppose any amendments
that might arise and to give this bill the overwhelming support it
deserves and that NASA so needs.
Mr. Chairman, I reserve the balance of my time.
Mr. GORDON. Mr. Chairman, I yield myself such time as I may consume.
First, Mr. Chairman, let me thank the gentleman from New York (Mr.
Boehlert), my chairman, for his kind remarks; and let me concur in that
our committee has a long tradition of working in a bipartisan manner. I
cannot think of anyone that I would rather work with than our chairman,
and I look forward to continuing that progress for our country.
Mr. Chairman, the NASA workforce is a critical national asset. We
need to ensure that its strength is maintained if NASA is to undertake
all the challenging activities envisioned for it in the coming decades.
NASA's workforce is a highly skilled workforce. They truly are rocket
scientists.
Yet the NASA workforce is under stress. Those stresses include
infrastructure that is aging and in need of repair and upgrading,
diversion of resources from existing tasks to provide money for
proposed new initiatives, and outsourcing and privatization agendas
that call into question the agency's commitment to careers at NASA.
Last year, I would have added another item to that list, namely, a lack
of long-term goals for the agency.
However, President Bush has now proposed an initiative to go back to
the Moon and then at some point in the future send humans to Mars. I
have long supported the idea that the space program needs some clear
and compelling long-term goals. So I welcome the President's decision
to propose an initiative. Of course, setting goals is an important
first step, but we will still need to assess whether or not the
President's plan to achieve these goals is viable. We will have a
better idea of that once the fiscal year 2005 budget request is
released next week and once NASA provides more information on specifics
of the initiative.
Clearly, it will not send a good signal to NASA's workforce if the
new initiative winds up being paid for by cannibalizing other important
NASA activities. It will not be fair to the NASA workforce if they are
tasked with a set of challenging and ambitious goals and a budget that
is inadequate to achieve those goals.
Turning to S. 610, the NASA Flexibility Act of 2003, I believe that
it is an improvement over the legislation considered by the Committee
on Science last year. It modifies or eliminates a number of provisions
that I and other Members have found objectionable; and at the same
time, we should not lull ourselves into believing that this bill will
solve all of NASA's workforce problems. For example, S. 610 includes a
number of enhanced recruitment and retention bonuses. Yet I have been
troubled by the indications from NASA's own data that NASA may not be
using its existing authorities to the fullest extent due to competing
budgetary pressures at the various centers, pressures that may well be
increased.
Apparently my concerns are shared by NASA's inspector general. He has
initiated an investigation into the extent to which NASA is making use
of its existing workforce authorities. I look forward to hearing the
results of that investigation.
With respect to the space shuttle, under the President's plan, the
civil servants and contract personnel supporting the shuttle program
will see their jobs disappear over the next 6 years. The best of those
employees are not going to wait around for the inevitable. That fact
puts the onus on NASA's management to ensure that the critical skills
needed to fly the shuttle safely will be retained over the entire
period. I certainly hope that NASA has a credible shuttle workforce
retention plan ready to go. If not, NASA's management needs to put one
in place as soon as possible if we are to avoid a hemorrhaging of
critical skills from the shuttle program.
Finally, I remain concerned that S. 610 is a bill focused solely on
the NASA workforce. However, the leadership of NASA has argued strongly
that they need this legislation to maintain a strong workforce. As a
result of that and as a result of the gentleman from New York (Chairman
Boehlert) graciously accepting some improvements to the bill, I will
support passage of S. 610 today; and I will be watching over the coming
years to make sure that NASA's performance on workforce issues matches
its stated intentions.
Mr. Chairman, I reserve the balance of my time.
Mr. BOEHLERT. Mr. Chairman, I yield 3 minutes to the gentleman from
California (Mr. Rohrabacher), the distinguished chairman of the
Subcommittee on Space and Aeronautics.
Mr. ROHRABACHER. Mr. Chairman, I rise in support of S. 610, the NASA
Flexibility Act of 2003. NASA engineers, scientists, and technicians
have been the space agency's true pioneers. These talented men and
women dedicated to pushing the technological envelope are credited with
opening new vistas of progress for all of humankind. We must look at
them as a valuable, valuable asset.
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With the recent announcement of our President, NASA's workforce will
again be looked upon to extend the reach of our capabilities, to extend
our reach to the Moon and then farther on into the heavens. Let us hope
that the can-do spirit of the past will be reawakened in NASA as a
result of the President's visionary goals-setting coupled with what I
consider to be a very pragmatic strategy as set forward by the
President.
Let us hope the young people throughout America will hear the
President's words and are excited and activated by this new goal-
setting by the President of the United States and thus by the executive
branch of the United States Government.
As we begin a new chapter in America's space experience, we are doing
our job on the legislative end. S. 610 will help ensure that talented
and creative people continue to commit their time and services to
America's space effort so we can achieve the goals that I just referred
to.
An aging workforce today threatens the future of our civil space
program. In response to this impending crisis, this legislation calls
for remedies aimed at helping NASA become more flexible in recruiting,
retaining, and restructuring its workforce to address the agency's
critical needs. For example, major provisions of the bill authorize
NASA to provide greater pay and bonuses to individuals critical to the
goals, missions, and objectives of the agency, as well as to authorize
and set up a scholarship for a service program in which NASA can pay a
student's tuition in exchange for accepting employment at NASA upon
graduation; and I am particularly proud of that provision.
The gentleman from New York's (Chairman Boehlert) continuing
leadership and all of his hard work have been making this reform
possible; and given the administration's new vision for NASA, there is
no better time for us to be tackling this workforce problem. I thank
the chairman; I thank the ranking member; I thank the people on both
sides of the aisle. We have worked on this in a bipartisan spirit, and
this will give us the ability to accomplish great things in the future
for our country.
Mr. GORDON. Mr. Chairman, I yield 5 minutes to the gentleman from
Texas (Mr. Lampson), the new ranking member of the Subcommittee on
Space and Aeronautics.
Mr. LAMPSON. Mr. Chairman, I thank the gentleman from Tennessee (Mr.
Gordon), the ranking member, and want to commend him on his ascension
to being ranking member on the Committee on Science and thank him not
only for what he is going to be doing as ranking member but for the
great work the gentleman has done on the committee along the way.
It is a pleasure also to work with the gentleman from New York
(Chairman Boehlert) and the gentleman from California (Mr.
Rohrabacher), the chairman of the Subcommittee on Space and
Aeronautics, as well; and I look forward to that.
Mr. Chairman, I rise in support of S. 610; and even though it does
not address all of the important issues facing the NASA workforce,
including those outlined by the gentleman from Tennessee (Mr. Gordon)
earlier, it is the only NASA workforce bill that we are likely to get
out of this Congress this year, and as such, I intend to support it.
When a House version of this workforce legislation was marked up by
the Committee on Science last year, I objected to the lack of any
challenging goals for NASA's human space flight program. I offered an
amendment to establish some specific goals. Unfortunately, my amendment
was defeated on a party-line vote. I thought that was a mistake, and
now it appears that President Bush agrees with me; and he has announced
this ambitious, long-term exploration initiative that mirrors my
amendment in earlier legislation that I had introduced; and I am very
pleased to see that happen.
The challenge, however, will be in turning those goals into a reality
in a manner that does not damage NASA's other important programs or
take away from our commitments to those members of society who do
indeed need our help.
Mr. Chairman, NASA's management has said that they need this
workforce legislation. I am prepared to support it because I deeply
care about the hardworking, dedicated men and women who work at NASA
and especially at the Johnson Space Center, and I want to do whatever
might help them achieve their full potential. Yet simply increasing the
size of the bonuses available to NASA employees is not a cure-all,
especially if NASA is not making full use of its existing bonus
authority, a possibility that is being investigated, as we speak, by
NASA's inspector general.
I do not believe that NASA's best and brightest are motivated
primarily by money anyway. Rather, I think it is the chance to work on
cutting-edge research and development and to attempt the near
impossible that attracts them to NASA, and that is what is going to
keep them there.
I remember a year or so ago getting up and leaving our table at the
committee hearing and going out into the audience and sitting with
about 20 or 25 college students and asking them, when we were talking
about financial benefits that would supposedly motivate them to go to
work for NASA, what it was that they wanted to see, and the response
was destination goals: it will give me an opportunity to live my dream,
give me an opportunity to go work on something that will make a
difference to society.
That is also why I was so upset a few years ago when the NASA
leadership decided to cancel the X-38 crew return vehicle project. The
X-38/CRV was an exciting example of NASA employees coming up with an
innovative, low-cost way of meeting an important space station
requirement, and they were working hard to turn it into a reality. Yet
it was cancelled just as it was nearing completion, and I might add, at
a greater cost than it would have taken to complete it. The dedicated
NASA team that had worked on that project was broken up and dispersed.
So where are we now? It appears that after several years of false
starts on a more expensive project for the X-38/CRV, NASA leadership
has now decided to pay the Russians to provide the same capability,
create jobs in Russia.
I sponsored legislation to allow the United States to use the Soyuz
after the Columbia tragedy, to give more flexibility to the
administration.
{time} 1115
The Congress is going to have to revisit the Iran Nonproliferation
Act if we are going to rely on Soyuz, as the administration wants, to
get us to and from the Space Station after the Shuttle is retired in
2010.
So whatever we may think of the wisdom of sending U.S. taxpayer
dollars to Russia, it certainly does not strike me as being the way to
reward innovation by the NASA workforce. Quite the contrary.
I intend to take a close look at NASA's plans for the Space Station
and the Space Shuttle as we review the fiscal 2005 budget request over
the coming months. We owe it to the NASA workforce to ask the tough
questions. We need to ensure that they are being given sensible plans
to implement, as well as the tools to carry them out. In the meantime,
I think that S. 610 represents an improvement over legislation that we
considered earlier, and I am prepared to support it.
Mr. BOEHLERT. Mr. Chairman, I yield 3 minutes to the distinguished
gentleman from Michigan (Mr. Ehlers), a very valued member of the
Committee on Science.
Mr. EHLERS. Mr. Chairman, I thank the gentleman for yielding me this
time.
Mr. Chairman, today I rise in strong support of S. 610, the NASA
Flexibility Act. The Committee on Science chairman, the gentleman from
New York (Mr. Boehlert), and the Committee on Government Reform
chairman, the gentleman from Virginia (Mr. Tom Davis) are to be
commended for working closely with our colleagues in the other body, as
well as with NASA and NASA's unions, in crafting the moderate, targeted
and careful package of civil service modifications that resulted in S.
610.
All proposals from NASA, its unions, the House and Senate were
considered, refined, debated and discussed in a series of hearings in
both the House and Senate committees. Differences were debated openly
and in a straightforward manner. These measures were
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carefully crafted after a year and a half of thorough deliberation.
This has been an arduous process, but the outcome is an excellent piece
of legislation with S. 610.
The real winner from all this hard work that went into this
legislation will be the scientists and engineers at NASA. NASA is
having a difficult time recruiting and retaining the best and the
brightest workforce, as many NASA employees from the Apollo era have
retired; and unfortunately, the bright, prospective, new talent we need
in the agency is instead sometimes attracted to jobs paying more than
the government can provide.
NASA does many amazing things, as the Mars exploration rovers have
demonstrated, but the agency also faces a number of challenges in
addressing the recommendations of the Columbia Accident Investigation
Board report. S. 610 will help to revitalize the agency, and I ask all
Members to support this bill.
Let me also mention another important aspect of this issue. We cannot
do good science without good scientists, and we cannot do good
engineering without good engineers. In our Nation, unfortunately, the
engineering enrollments have been declining for 20 years, in a steady,
slow decline. We are having problems in this Nation with getting good,
bright engineers and scientists to do the work we need, not only at
NASA but elsewhere.
I am very pleased that the President recognized this important factor
in his State of the Union speech when he mentioned the need to improve
math and science education in this Nation. Today, over half of the
graduate students in science and engineering in our Nation are from
other countries. Our students are not competing well on graduate
student admissions. And when we trace it back, it is because they were
not excited about science by the time they finished the K-12 system,
even though many are excited going into it. We must address that
problem.
We have addressed it to the best of our ability through math-science
partnerships in the National Science Foundation and in the Department
of Education. We must continue to support that, plus we also have to
provide the resources for our Nation's teachers and our education
system to provide the education that our future scientists and
engineers need.
I believe a combination of improving our K-12 system plus this bill
will be a great asset not only for NASA but also for our Nation in the
years ahead.
Mr. GORDON. Mr. Chairman, I reserve the balance of my time.
Mr. BOEHLERT. Mr. Chairman, I reserve the balance of my time.
Mr. TOM DAVIS of Virginia. Mr. Chairman, I yield myself such time as
I may consume.
Mr. Chairman, for years we have been sounding the alarm that the
Federal Government faces grave danger when it comes to losing highly
specialized employees. NASA is certainly no exception. In fact, it
leads the pack. Fifteen percent of NASA's workforce is currently
eligible to retire. A quarter of the agency will be eligible to retire
over the next 5 years. Scientists and engineers over 60 outnumber those
under 30 by nearly three to one. The potential loss of institutional
knowledge is staggering.
Why are we in the midst of a human capital crisis? When it comes to
the kind of very smart, very well-educated, highly specialized people
who work in our space program? It is largely because we are competing
directly with the higher-paying private sector firms. But it is also
because when it comes to the civil service, preserving traditions has
become a tradition unto itself, and I think it is time to change that
tradition.
NASA, as well as the country as a whole, scored a major victory this
month by safely landing two unmanned rovers on the face of Mars. In
order to make sure that NASA's successes such as this outweigh its
failures, we need to provide NASA with as much flexibility as possible
in order to recruit and retain the best and the brightest that this
country has to offer for our space program.
The simple fact is that NASA's personnel policies are dated and are
holding the agency back. The modernization that this bipartisan
legislation promises marks a significant step in the right direction
for NASA, for the government, for science and for taxpayers.
It has been over a year since NASA Administrator Sean O'Keefe first
came to Capitol Hill requesting these much-needed personnel
flexibilities. And while I wish we could have responded sooner, I am
pleased to be here today to see the legislation finally making its way
through the process.
The Committee on Government Reform, which I chair, marked up similar
legislation last May, and the House Committee on Science marked up the
legislation last July. I want to thank my friend and colleague, the
chairman of the Committee on Science, the gentleman from New York (Mr.
Boehlert) for his tremendous efforts in moving this important
legislation forward, as well as the subcommittee chairman, the
gentleman from California (Mr. Rohrabacher), and the ranking minority
members as well; and I look forward to working with them in the future
to improve workforce flexibilities available to NASA, as well as to
other Federal agencies that work to expand the frontier of science.
One of the difficulties we have in recruiting employees today for
NASA and other agencies, is that when they go to a job fair and they
talk to a college recruiter, by the time they go back and go through
all the rules and regulations in hiring, sometimes background checks,
it is months before they can put an offer on the table. In the
meantime, the private sector is up there with hiring bonuses, and they
are up there with an offer on the table immediately with a job
guarantee. We cannot compete in that kind of environment.
I know some of my friends on the Committee on Science on the other
side of the aisle are concerned about paying bonuses, but this is
commonplace in the private sector with which we are competing. We are
talking about some of the brightest people in the world, scientists,
engineers, literally rocket scientists that we want running our space
program. We do not want to go second tier with people who are salaried
and getting bogged down making sometimes one-tenth of what they could
make in the private sector. It does not work that way.
So I support this legislation, and I am proud to see it moving
forward.
Mr. Chairman, I reserve the balance of my time.
Mr. DAVIS of Illinois. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, in July 2001, the Office of Personnel Management
updated its report entitled Human Resources Flexibilities and
Authorities in the Federal Government. The report states that the
government as a single employer remains sound public policy.
Consequently, it is important to retain government-wide approaches,
authorities, entitlements, and requirements in several areas, including
collective bargaining, merit system principles, due process protections
related to adverse actions and, among other things, veterans preference
in employment and retention.
If, as the report states, government as a single employer is sound
public policy, the overly broad and hastily developed human resources
authorities granted to the Department of Homeland Security, the
Department of Defense, and now the National Aeronautics and Space
Administration, NASA, are simply not the best sound public policy.
That is not to say that the current civil service system is not in
need of reform. It is. Members of Congress, their staffs and
stakeholders have worked diligently to improve agency-specific reform
proposals as they speed to enactment, but that is not the way to create
a fair and equitable civil service. Congress, the Office of Personnel
Management and Federal employee groups should be concentrating our
efforts on government-wide reforms rather than agency-by-agency
requests.
The bill being considered today is no exception. Although S. 610 has
been greatly improved since its initial introduction, it serves only to
further fragment the civil service. I applaud the fact that the bill
includes a provision that mandates that NASA's Administrator submit a
plan for OPM approval detailing the workforce needs of NASA, how NASA
intends to use new workforce flexibilities to meet those needs,
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and how the agency has utilized existing flexibilities.
NASA is also required to submit a workforce plan to Congress and
provide it to all employees at least 60 days before exercising any of
the flexibilities in the plan. These are very prudent steps for
Congress to require NASA to take. However, they are steps that should
have been taken before granting NASA the authority.
Mr. Chairman, I would urge that the Subcommittee on Civil Service and
Agency Organization of the Committee on Government Reform exercise its
authority over NASA and other agencies that have received new human
capital flexibilities. If nothing else, we can examine how effective
these agencies are in implementing these new flexibilities before
granting them to other agencies.
There has been a great deal of effort to reach bipartisan agreement
on this legislation. I commend the chairman of the Committee on
Government Reform, the gentleman from Virginia (Mr. Tom Davis), and the
ranking member, the gentleman from California (Mr. Waxman), for the
leadership and civility that they have displayed. So I am going to vote
in favor of this legislation and further urge that we continue to take
a good, hard look at the implementation of these flexibilities before
granting them to other agencies on an individual-by-individual agency
request. I still believe that agency-wide reform throughout the entire
government is the best approach.
Mr. Chairman, I yield back the balance of my time.
Mr. BOEHLERT. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I want to conclude my remarks by thanking our very
capable staff of the Committee on Science on our side, David Goldston
and Chris Shank, and this was the last bill worked on by our deceased
former counsel, Mr. Barry Berringer, who always gave so much, such
great value added to the committee with his outstanding work.
We cannot function in this Congress without the commitment, the
ability and the hard work of dedicated professional staff, and we are
blessed in the Committee on Science. But we are not the only ones. All
across Capitol Hill, the people and the background are there every
single day working hard to prepare us to deal responsibly in shaping
public policy.
So I want to conclude my remarks by thanking the staff for their
outstanding work.
Mr. Chairman, I submit for the Record letters to and from myself and
the Chairman of the Committee on Government Reform regarding the
appointment of conferees on this bill.
House of Representatives,
Committee on Government Reform,
Washington, DC, January 27, 2004.
Hon. Sherwood L. Boehlert,
Chairman, Committee on Science, House of Representatives,
Washington, DC.
Dear Mr. Chairman: Thank you for working with me in
developing the H.R. 1085, the NASA Flexibility Act of 2003.
As you know, the Committee on Government Reform reported the
bill, H.R. 1836, the Civil Service and National Security
Personnel Improvement Act. Included in that Act was Title
III, Subtitle B, National Aeronautics and Space
Administration. The House is scheduled to consider S. 610,
the Senate companion to H.R. 1085 tomorrow. Although S. 610
has been held at the Speaker's desk it is my understanding
that the bill would have been referred to the Committees on
Science and on Government Reform.
I support moving this important legislation forward
expeditiously; however, I do so only with the understanding
that this procedural route should not be construed to
prejudice the Committee on Government Reform's or the
Committee on Science's jurisdictional interest and
prerogatives on this bill or any other similar legislation.
I respectfully request your support for the appointment of
outside conferees from the Committee on Government Reform
should this bill or a similar bill be considered in a
conference with the Senate. Finally, I would ask that you
include a copy of our exchange of letters on this matter in
the Congressional Record during floor consideration of S.
610. Thank you for your assistance and cooperation in this
matter.
Sincerely,
Tom Davis,
Chairman.
____
House of Representatives,
Committee on Science,
Washington, DC, January 27, 2004.
Hon. Tom Davis,
Chairman, Committee on Government Reform, House of
Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter concerning
H.R. 1085, the NASA Flexibility Act of 2003, and S. 610, the
Senate's companion bill. As you know, the House will consider
S. 610 on the floor tomorrow.
It is also my understanding that had S. 610 not been held
at the Speaker's desk, it would have been referred to the
Committee on Science and to the Committee on Government
Reform. I agree that by agreeing to have the bill held at the
desk, the Committee on Science and the Committee on
Government Reform have not adversely affected their
respective jurisdictional interests or their prerogatives in
this bill or similar legislation.
I would be happy to support your request for conferees on
this bill or similar legislation should a conference with the
Senate become necessary.
Thank you for your consideration and attention to this
bill.
Sincerely,
Sherwood Boehlert,
Chairman.
Mr. Chairman, I yield back the balance of my time.
{time} 1130
Mr. GORDON. Mr. Chairman, I yield myself such time as I may consume.
In conclusion, I want to thank the gentleman from Virginia (Mr. Tom
Davis) and the gentleman from New York (Mr. Boehlert) for bringing
forth a better bill, and also thank the gentleman from Texas (Mr.
Lampson) for improving the bill and for the gentleman's accession as
the ranking member on the Subcommittee on Space and Aeronautics and let
the gentleman know he could not possibly find a better partner than the
gentleman from California (Mr. Rohrabacher) as the chairman of their
subcommittee.
Again, I thank the gentleman from New York (Chairman Boehlert) for
helping us make this a better bill. I want to say to our Members that I
intend to support this bill and recommend that they support it in final
passage.
Mrs. JO-ANN DAVIS of Virginia. Mr. Chairman, I am pleased to be here
today to speak in favor of S. 610, the NASA Flexibility Act of 2003.
Since its creation in 1958, NASA has been the foremost symbol of
American ingenuity, daring and accomplishment. Its talented employees
have helped us explore new worlds and peek into distant galaxies. Time
and again, NASA has shaped our Nation's future.
But in one respect, NASA is still stuck in the past. This bill will
help us transform NASA's personnel system into a modern, flexible and
responsive system, one that is absolutely necessary for a 21st Century
workforce.
This legislation gives NASA powerful tools to win the recruitment and
retention battles it faces everyday. Just last year, NASA Administrator
Sean O'Keefe described the agency's personnel situation as
``alarming,'' given that 1 out of every 4 of the agency's scientists
and engineers is eligible to retire, and that those above the age of 60
outnumber those below the age of 30 by a nearly 3-to-1 ratio. NASA
faces a potential ``brain drain''--and that is not a scenario we can
allow to happen.
By authorizing higher pay for certain exceptional employees, offering
more vacation time to mid-career hires, and allowing for recruitment,
retention and relocation bonuses, S. 610 addresses these concerns.
And this legislation has been created to address some of the concerns
of employees, too. In exchange for these flexibilities, NASA is
required to submit a written plan to the Office of Personnel Management
stating the workforce needs of NASA, how NASA will use increased
workforce flexibilities to meet those needs, and how NASA has used
existing flexibilities. A workforce plan must also be submitted to
Congress and to all employees at least 60 days before exercising any
part of the plan. Prior to submitting a plan to Congress, however, a
proposed plan must be provided to employee representatives and NASA is
required to give their recommendations ``full and fair consideration.''
These are provisions that I had pushed for in the House version of
this bill, H.R. 1085, and I am pleased that they will be included in
the final version that is poised to become law.
Mr. Chairman, I urge passage of S. 610.
Ms. JACKSON-LEE of Texas. Mr. Chairman, it is with mild apprehension
that I rise today in support of S. 610, the NASA Flexibility Act. My
vote today is not really an endorsement of this bill. Instead it is a
vote of confidence for the people at NASA, and a demonstration of my
heart-felt desire to work together in a bipartisan fashion here in
Congress, with the Administrator at NASA, and with the administration,
to help NASA achieve the greatness of which it is capable.
NASA is at a turning point. The past two decades have seen drastic
cuts in the NASA budgets and the NASA workforce. Its mission has been
unambitious, and its programs have seemed to drift. We have lost two
space shuttles and 14 brave astronauts. But today, there is
unprecedented hope for the future. Two rovers on the surface of Mars
are beaming back
[[Page H137]]
data that could help us unlock some of the greatest mysteries of our
universe. They have captured the imaginations of the American people,
with over 30 million people logging on to the NASA website in the last
weeks. The President has launched a dialog that could lead to a bold
new mission for NASA, to go back to the Moon, then on to Mars, and
beyond. The excitement in my district of Houston is palpable.
If we start this new phase on the right foot, there is nothing that
NASA, driven by the American spirit, cannot accomplish. But if we
stumble, we could set back human space exploration for generations.
That would be tragic for our scientists, our society, and our economy.
When the Workforce Flexibility bill first came to us in the Science
Committee, I was absolutely against it. It gave too much latitude to
the Administrator to tinker with the loyal NASA workforce through huge
demonstration projects. It allowed big bonuses for political
appointees--and I don't hear anyone arguing that there is a critical
need for more political appointees in this town. After some intense
bipartisan work in the Science Committee, and with help from the
unions, and with some strong leadership from Senator Hollings, the most
egregious parts of the bill have been removed.
But the most important reason I was against the bill before us in
Fall, is that I felt it was irresponsible to give the Administrator of
NASA the flexibility to move faster--when we had no idea where he was
going. We were hearing that they needed the ability to bring in key
personnel, but they couldn't tell us what project those people were
going to work on, because NASA was severely lacking in vision and
mission. This is why I and many other of our colleagues supported
Congressman Nick Lampson's Space Exploration Act of 2003, which would
have set a series of bold, yet attainable goals for NASA. I am pleased
that the President has heard our call, and has put forth his plan for
the future of the manned-space mission of NASA.
We are far from finalizing that plan, but there has been a surge of
momentum and enthusiasm, and I hope we capitalize on it. The bold new
mission will take creativity at every level of NASA. That is why I am
lending my voice in support of this workforce bill. But I am still
concerned. I hope this and future NASA administrators are judicious in
their use of this new ``flexibility.'' My district is a stone's-throw
from Johnson Space Center, and I consider the people there my friends
and neighbors. They come to Houston out of a noble sense of purpose, to
do something extraordinary and be a part of something unlike anything
else in the history of this planet.
Sure, bonuses and travel expenses like those authorized in this bill
can make it a bit more comfortable for those in government jobs--but
that is not what will keep the best people at NASA. They want a sense
of purpose--and that will come from a bold mission. They want a sense
of community--and that will come from stability and fairness in the
workplace. They want to feel that they are making a difference--and
that will come from changing the culture at NASA so that bright
thoughtful people are heard and respected. And they want to feel safe--
and that will come from making safety a priority and not an
afterthought as it has been in the past.
To make NASA all it should be, we will all need to work together. I
will do my part, and by supporting this bill I am giving the
Administrator the tools he says he needs to do his. But, I will be
following closely as the future of NASA unfolds. Today we are hearing a
new level of interest and commitment from the administration. However,
as we have seen with education, and homeland security, and HIV/AIDS--
often the words are not backed up by adequate funding and political
capital. I hope that will not be the case with NASA.
This act creates scholarship for work programs that will help get the
best young people to choose NASA for their careers. I hope various
retention bonuses will enable the Administrator to encourage top people
to stay through the transition that will occur over the next decade as
we move from the space shuttle and the space station, into the work
beyond. For example, we must harvest the talents of the fabulous space
shuttle team in Houston, and not risk letting them run to private
industry while Congress or the administration sits on its hands.
It should be an exciting year for NASA, and space enthusiasts around
the world. I hope this act will help drive NASA to greatness. I support
it and urge my colleagues to do the same.
Mr. GORDON. Mr. Chairman, I yield back the balance of my time.
Mr. TOM DAVIS of Virginia. Mr. Chairman, I yield back the balance of
my time.
The CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, the bill is considered read for amendment under
the 5-minute rule.
The text of S. 610 is as follows:
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 Flexibility Act of
2003''.
SEC. 2. COMPENSATION FOR CERTAIN EXCEPTED PERSONNEL.
(a) In General.--Subparagraph (A) of section 203(c)(2) of
the National Aeronautics and Space Act of 1958 (42 U.S.C.
2473(c)(2)(A)) is amended by striking ``the highest rate of
grade 18 of the General Schedule of the Classification Act of
1949, as amended,'' and inserting ``the rate of basic pay
payable for level III of the Executive Schedule,''.
(b) Effective Date.--The amendment made by this section
shall take effect on the first day of the first pay period
beginning on or after the date of enactment of this Act.
SEC. 3. WORKFORCE AUTHORITIES.
(a) In General.--Subpart I of part III of title 5, United
States Code, is amended by inserting after chapter 97, as
added by section 841(a)(2) of the Homeland Security Act of
2002 (Public Law 107-296; 116 Stat. 2229), the following:
``CHAPTER 98--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
``Sec.
``9801. Definitions.
``9802. Planning, notification, and reporting requirements.
``9803. Restrictions.
``9804. Recruitment, redesignation, and relocation bonuses.
``9805. Retention bonuses.
``9806. Term appointments.
``9807. Pay authority for critical positions.
``9808. Assignments of intergovernmental personnel.
``9809. Science and technology scholarship program.
``9810. Distinguished scholar appointment authority.
``9811. Travel and transportation expenses of certain new appointees
``9812. Annual leave enhancements.
``9813. Limited appointments to Senior Executive Service positions.
``9814. Qualifications pay.
``9815. Reporting requirement.
``Sec. 9801. Definitions
``For purposes of this chapter--
``(1) the term `Administration' means the National
Aeronautics and Space Administration;
``(2) the term `Administrator' means the Administrator of
the National Aeronautics and Space Administration;
``(3) the term `critical need' means a specific and
important safety, management, engineering, science, research,
or operations requirement of the Administration's mission
that the Administration is unable to fulfill because the
Administration lacks the appropriate employees because--
``(A) of the inability to fill positions; or
``(B) employees do not possess the requisite skills;
``(4) the term `employee' means an individual employed in
or under the Administration;
``(5) the term `workforce plan' means the plan required
under section 9802(a);
``(6) the term `appropriate committees of Congress' means--
``(A) the Committees on Government Reform, Science, and
Appropriations of the House of Representatives; and
``(B) the Committees on Governmental Affairs, Commerce,
Science, and Transportation, and Appropriations of the
Senate;
``(7) the term `redesignation bonus' means a bonus under
section 9804 paid to an individual described in subsection
(a)(2) thereof;
``(8) the term `supervisor' has the meaning given such term
by section 7103(a)(10); and
``(9) the term `management official' has the meaning given
such term by section 7103(a)(11).
``Sec. 9802. Planning, notification, and reporting
requirements
``(a) Not later than 90 days before exercising any of the
workforce authorities made available under this chapter, the
Administrator shall submit a written plan to the appropriate
committees of Congress. Such plan shall be approved by the
Office of Personnel Management.
``(b) A workforce plan shall include a description of--
``(1) each critical need of the Administration and the
criteria used in the identification of that need;
``(2)(A) the functions, approximate number, and classes or
other categories of positions or employees that--
``(i) address critical needs; and
``(ii) would be eligible for each authority proposed to be
exercised under this chapter; and
``(B) how the exercise of those authorities with respect to
the eligible positions or employees involved would address
each critical need identified under paragraph (1);
``(3)(A) any critical need identified under paragraph (1)
which would not be addressed by the authorities made
available under this chapter; and
``(B) the reasons why those needs would not be so
addressed;
``(4) the specific criteria to be used in determining which
individuals may receive the benefits described under sections
9804 and 9805 (including the criteria for granting bonuses in
the absence of a critical need), and
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how the level of those benefits will be determined;
``(5) the safeguards or other measures that will be applied
to ensure that this chapter is carried out in a manner
consistent with merit system principles;
``(6) the means by which employees will be afforded the
notification required under subsections (c) and (d)(1)(B);
``(7) the methods that will be used to determine if the
authorities exercised under this chapter have successfully
addressed each critical need identified under paragraph (1);
``(8)(A) the recruitment methods used by the Administration
before the enactment of this chapter to recruit highly
qualified individuals; and
``(B) the changes the Administration will implement after
the enactment of this chapter in order to improve its
recruitment of highly qualified individuals, including how it
intends to use--
``(i) nongovernmental recruitment or placement agencies;
and
``(ii) Internet technologies; and
``(9) any workforce-related reforms required to resolve the
findings and recommendations of the Columbia Accident
Investigation Board, the extent to which those
recommendations were accepted, and, if necessary, the reasons
why any of those recommendations were not accepted.
``(c) Not later than 60 days before first exercising any of
the workforce authorities made available under this chapter,
the Administrator shall provide to all employees the
workforce plan and any additional information which the
Administrator considers appropriate.
``(d)(1)(A) The Administrator may from time to time modify
the workforce plan. Any modification to the workforce plan
shall be submitted to the Office of Personnel Management for
approval by the Office before the modification may be
implemented.
``(B) Not later than 60 days before implementing any such
modifications, the Administrator shall provide an
appropriately modified plan to all employees of the
Administration and to the appropriate committees of Congress.
``(2) Any reference in this chapter or any other provision
of law to the workforce plan shall be considered to include
any modification made in accordance with this subsection.
``(e) Before submitting any written plan under subsection
(a) (or modification under subsection (d)) to the Office of
Personnel Management, the Administrator shall--
``(1) provide to each employee representative representing
any employees who might be affected by such plan (or
modification) a copy of the proposed plan (or modification);
``(2) give each representative 30 calendar days (unless
extraordinary circumstances require earlier action) to review
and make recommendations with respect to the proposed plan
(or modification); and
``(3) give any recommendations received from any such
representatives under paragraph (2) full and fair
consideration in deciding whether or how to proceed with
respect to the proposed plan (or modification).
``(f) None of the workforce authorities made available
under this chapter may be exercised in a manner inconsistent
with the workforce plan.
``(g) Whenever the Administration submits its performance
plan under section 1115 of title 31 to the Office of
Management and Budget for any year, the Administration shall
at the same time submit a copy of such plan to the
appropriate committees of Congress.
``(h) Not later than 6 years after the date of enactment of
this chapter, the Administrator shall submit to the
appropriate committees of Congress an evaluation and analysis
of the actions taken by the Administration under this
chapter, including--
``(1) an evaluation, using the methods described in
subsection (b)(7), of whether the authorities exercised under
this chapter successfully addressed each critical need
identified under subsection (b)(1);
``(2) to the extent that they did not, an explanation of
the reasons why any critical need (apart from the ones under
subsection (b)(3)) was not successfully addressed; and
``(3) recommendations for how the Administration could
address any remaining critical need and could prevent those
that have been addressed from recurring.
``(i) The budget request for the Administration for the
first fiscal year beginning after the date of enactment of
this chapter and for each fiscal year thereafter shall
include a statement of the total amount of appropriations
requested for such fiscal year to carry out this chapter.
``Sec. 9803. Restrictions
``(a) None of the workforce authorities made available
under this chapter may be exercised with respect to any
officer who is appointed by the President, by and with the
advice and consent of the Senate.
``(b) Unless specifically stated otherwise, all workforce
authorities made available under this chapter shall be
subject to section 5307.
``(c)(1) None of the workforce authorities made available
under section 9804, 9805, 9806, 9807, 9809, 9812, 9813, 9814,
or 9815 may be exercised with respect to a political
appointee.
``(2) For purposes of this subsection, the term `political
appointee' means an employee who holds--
``(A) a position which has been excepted from the
competitive service by reason of its confidential, policy-
determining, policy-making, or policy-advocating character;
or
``(B) a position in the Senior Executive Service as a
noncareer appointee (as such term is defined in section
3132(a)).
``Sec. 9804. Recruitment, redesignation, and relocation
bonuses
``(a) Notwithstanding section 5753, the Administrator may
pay a bonus to an individual, in accordance with the
workforce plan and subject to the limitations in this
section, if--
``(1) the Administrator determines that the Administration
would be likely, in the absence of a bonus, to encounter
difficulty in filling a position; and
``(2) the individual--
``(A) is newly appointed as an employee of the Federal
Government;
``(B) is currently employed by the Federal Government and
is newly appointed to another position in the same geographic
area; or
``(C) is currently employed by the Federal Government and
is required to relocate to a different geographic area to
accept a position with the Administration.
``(b) If the position is described as addressing a critical
need in the workforce plan under section 9802(b)(2)(A), the
amount of a bonus may not exceed--
``(1) 50 percent of the employee's annual rate of basic pay
(including comparability payments under sections 5304 and
5304a) as of the beginning of the service period multiplied
by the service period specified under subsection
(d)(1)(B)(i); or
``(2) 100 percent of the employee's annual rate of basic
pay (including comparability payments under sections 5304 and
5304a) as of the beginning of the service period.
``(c) If the position is not described as addressing a
critical need in the workforce plan under section
9802(b)(2)(A), the amount of a bonus may not exceed 25
percent of the employee's annual rate of basic pay (excluding
comparability payments under sections 5304 and 5304a) as of
the beginning of the service period.
``(d)(1)(A) Payment of a bonus under this section shall be
contingent upon the individual entering into a service
agreement with the Administration.
``(B) At a minimum, the service agreement shall include--
``(i) the required service period;
``(ii) the method of payment, including a payment schedule,
which may include a lump-sum payment, installment payments,
or a combination thereof;
``(iii) the amount of the bonus and the basis for
calculating that amount; and
``(iv) the conditions under which the agreement may be
terminated before the agreed-upon service period has been
completed, and the effect of the termination.
``(2) For purposes of determinations under subsections
(b)(1) and (c)(1), the employee's service period shall be
expressed as the number equal to the full years and twelfth
parts thereof, rounding the fractional part of a month to the
nearest twelfth part of a year. The service period may not be
less than 6 months and may not exceed 4 years.
``(3) A bonus under this section may not be considered to
be part of the basic pay of an employee.
``(e) Before paying a bonus under this section, the
Administration shall establish a plan for paying recruitment,
redesignation, and relocation bonuses, subject to approval by
the Office of Personnel Management.
``(f) No more than 25 percent of the total amount in
bonuses awarded under subsection (a) in any year may be
awarded to supervisors or management officials.
``Sec. 9805. Retention bonuses
``(a) Notwithstanding section 5754, the Administrator may
pay a bonus to an employee, in accordance with the workforce
plan and subject to the limitations in this section, if the
Administrator determines that--
``(1) the unusually high or unique qualifications of the
employee or a special need of the Administration for the
employee's services makes it essential to retain the
employee; and
``(2) the employee would be likely to leave in the absence
of a retention bonus.
``(b) If the position is described as addressing a critical
need in the workforce plan under section 9802(b)(2)(A), the
amount of a bonus may not exceed 50 percent of the employee's
annual rate of basic pay (including comparability payments
under sections 5304 and 5304a).
``(c) If the position is not described as addressing a
critical need in the workforce plan under section
9802(b)(2)(A), the amount of a bonus may not exceed 25
percent of the employee's annual rate of basic pay (excluding
comparability payments under sections 5304 and 5304a).
``(d)(1)(A) Payment of a bonus under this section shall be
contingent upon the employee entering into a service
agreement with the Administration.
``(B) At a minimum, the service agreement shall include--
``(i) the required service period;
``(ii) the method of payment, including a payment schedule,
which may include a lump-sum payment, installment payments,
or a combination thereof;
``(iii) the amount of the bonus and the basis for
calculating the amount; and
``(iv) the conditions under which the agreement may be
terminated before the agreed-upon service period has been
completed, and the effect of the termination.
``(2) The employee's service period shall be expressed as
the number equal to the full
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years and twelfth parts thereof, rounding the fractional part
of a month to the nearest twelfth part of a year. The service
period may not be less than 6 months and may not exceed 4
years.
``(3) Notwithstanding paragraph (1), a service agreement is
not required if the Administration pays a bonus in biweekly
installments and sets the installment payment at the full
bonus percentage rate established for the employee, with no
portion of the bonus deferred. In this case, the
Administration shall inform the employee in writing of any
decision to change the retention bonus payments. The employee
shall continue to accrue entitlement to the retention bonus
through the end of the pay period in which such written
notice is provided.
``(e) A bonus under this section may not be considered to
be part of the basic pay of an employee.
``(f) An employee is not entitled to a retention bonus
under this section during a service period previously
established for that employee under section 5753 or under
section 9804.
``(g) No more than 25 percent of the total amount in
bonuses awarded under subsection (a) in any year may be
awarded to supervisors or management officials.
``Sec. 9806. Term appointments
``(a) The Administrator may authorize term appointments
within the Administration under subchapter I of chapter 33,
for a period of not less than 1 year and not more than 6
years.
``(b) Notwithstanding chapter 33 or any other provision of
law relating to the examination, certification, and
appointment of individuals in the competitive service, the
Administrator may convert an employee serving under a term
appointment to a permanent appointment in the competitive
service within the Administration without further competition
if--
``(1) such individual was appointed under open, competitive
examination under subchapter I of chapter 33 to the term
position;
``(2) the announcement for the term appointment from which
the conversion is made stated that there was potential for
subsequent conversion to a career-conditional or career
appointment;
``(3) the employee has completed at least 2 years of
current continuous service under a term appointment in the
competitive service;
``(4) the employee's performance under such term
appointment was at least fully successful or equivalent; and
``(5) the position to which such employee is being
converted under this section is in the same occupational
series, is in the same geographic location, and provides no
greater promotion potential than the term position for which
the competitive examination was conducted.
``(c) Notwithstanding chapter 33 or any other provision of
law relating to the examination, certification, and
appointment of individuals in the competitive service, the
Administrator may convert an employee serving under a term
appointment to a permanent appointment in the competitive
service within the Administration through internal
competitive promotion procedures if the conditions under
paragraphs (1) through (4) of subsection (b) are met.
``(d) An employee converted under this section becomes a
career-conditional employee, unless the employee has
otherwise completed the service requirements for career
tenure.
``(e) An employee converted to career or career-conditional
employment under this section acquires competitive status
upon conversion.
``Sec. 9807. Pay authority for critical positions
``(a) In this section, the term `position' means--
``(1) a position to which chapter 51 applies, including a
position in the Senior Executive Service;
``(2) a position under the Executive Schedule under
sections 5312 through 5317;
``(3) a position established under section 3104; or
``(4) a senior-level position to which section 5376(a)(1)
applies.
``(b) Authority under this section--
``(1) may be exercised only with respect to a position
that--
``(A) is described as addressing a critical need in the
workforce plan under section 9802(b)(2)(A); and
``(B) requires expertise of an extremely high level in a
scientific, technical, professional, or administrative field;
``(2) may be exercised only to the extent necessary to
recruit or retain an individual exceptionally well qualified
for the position; and
``(3) may be exercised only in retaining employees of the
Administration or in appointing individuals who were not
employees of another Federal agency as defined under section
5102(a)(1).
``(c)(1) Notwithstanding section 5377, the Administrator
may fix the rate of basic pay for a position in the
Administration in accordance with this section. The
Administrator may not delegate this authority.
``(2) The number of positions with pay fixed under this
section may not exceed 10 at any time.
``(d)(1) The rate of basic pay fixed under this section may
not be less than the rate of basic pay (including any
comparability payments) which would otherwise be payable for
the position involved if this section had never been enacted.
``(2) The annual rate of basic pay fixed under this section
may not exceed the per annum rate of salary payable under
section 104 of title 3.
``(3) Notwithstanding any provision of section 5307, in the
case of an employee who, during any calendar year, is
receiving pay at a rate fixed under this section, no
allowance, differential, bonus, award, or similar cash
payment may be paid to such employee if, or to the extent
that, when added to basic pay paid or payable to such
employee (for service performed in such calendar year as an
employee in the executive branch or as an employee outside
the executive branch to whom chapter 51 applies), such
payment would cause the total to exceed the per annum rate of
salary which, as of the end of such calendar year, is payable
under section 104 of title 3.
``Sec. 9808. Assignments of intergovernmental personnel
``For purposes of applying the third sentence of section
3372(a) (relating to the authority of the head of a Federal
agency to extend the period of an employee's assignment to or
from a State or local government, institution of higher
education, or other organization), the Administrator may,
with the concurrence of the employee and the government or
organization concerned, take any action which would be
allowable if such sentence had been amended by striking `two'
and inserting `four'.
``Sec. 9809. Science and technology scholarship program
``(a)(1) The Administrator shall establish a National
Aeronautics and Space Administration Science and Technology
Scholarship Program to award scholarships to individuals that
is designed to recruit and prepare students for careers in
the Administration.
``(2) Individuals shall be selected to receive scholarships
under this section through a competitive process primarily on
the basis of academic merit, with consideration given to
financial need and the goal of promoting the participation of
individuals identified in section 33 or 34 of the Science and
Engineering Equal Opportunities Act.
``(3) To carry out the Program the Administrator shall
enter into contractual agreements with individuals selected
under paragraph (2) under which the individuals agree to
serve as full-time employees of the Administration, for the
period described in subsection (f)(1), in positions needed by
the Administration and for which the individuals are
qualified, in exchange for receiving a scholarship.
``(b) In order to be eligible to participate in the
Program, an individual must--
``(1) be enrolled or accepted for enrollment as a full-time
student at an institution of higher education in an academic
field or discipline described in the list made available
under subsection (d);
``(2) be a United States citizen or permanent resident; and
``(3) at the time of the initial scholarship award, not be
an employee (as defined in section 2105).
``(c) An individual seeking a scholarship under this
section shall submit an application to the Administrator at
such time, in such manner, and containing such information,
agreements, or assurances as the Administrator may require.
``(d) The Administrator shall make publicly available a
list of academic programs and fields of study for which
scholarships under the Program may be utilized and shall
update the list as necessary.
``(e)(1) The Administrator may provide a scholarship under
the Program for an academic year if the individual applying
for the scholarship has submitted to the Administrator, as
part of the application required under subsection (c), a
proposed academic program leading to a degree in a program or
field of study on the list made available under subsection
(d).
``(2) An individual may not receive a scholarship under
this section for more than 4 academic years, unless the
Administrator grants a waiver.
``(3) The dollar amount of a scholarship under this section
for an academic year shall be determined under regulations
issued by the Administrator, but shall in no case exceed the
cost of attendance.
``(4) A scholarship provided under this section may be
expended for tuition, fees, and other authorized expenses as
established by the Administrator by regulation.
``(5) The Administrator may enter into a contractual
agreement with an institution of higher education under which
the amounts provided for a scholarship under this section for
tuition, fees, and other authorized expenses are paid
directly to the institution with respect to which the
scholarship is provided.
``(f)(1) The period of service for which an individual
shall be obligated to serve as an employee of the
Administration is, except as provided in subsection (h)(2),
24 months for each academic year for which a scholarship
under this section is provided. Under no circumstances shall
the total period of obligated service be more than 4 years.
``(2)(A) Except as provided in subparagraph (B), obligated
service under paragraph (1) shall begin not later than 60
days after the individual obtains the educational degree for
which the scholarship was provided.
``(B) The Administrator may defer the obligation of an
individual to provide a period of service under paragraph (1)
if the Administrator determines that such a deferral is
appropriate. The Administrator shall prescribe
[[Page H140]]
the terms and conditions under which a service obligation may
be deferred through regulation.
``(g)(1) Scholarship recipients who fail to maintain a high
level of academic standing, as defined by the Administrator
by regulation, who are dismissed from their educational
institutions for disciplinary reasons, or who voluntarily
terminate academic training before graduation from the
educational program for which the scholarship was awarded,
shall be in breach of their contractual agreement and, in
lieu of any service obligation arising under such agreement,
shall be liable to the United States for repayment within 1
year after the date of default of all scholarship funds paid
to them and to the institution of higher education on their
behalf under the agreement, except as provided in subsection
(h)(2). The repayment period may be extended by the
Administrator when determined to be necessary, as established
by regulation.
``(2) Scholarship recipients who, for any reason, fail to
begin or complete their service obligation after completion
of academic training, or fail to comply with the terms and
conditions of deferment established by the Administrator
pursuant to subsection (f)(2)(B), shall be in breach of their
contractual agreement. When recipients breach their
agreements for the reasons stated in the preceding sentence,
the recipient shall be liable to the United States for an
amount equal to--
``(A) the total amount of scholarships received by such
individual under this section; plus
``(B) the interest on the amounts of such awards which
would be payable if at the time the awards were received they
were loans bearing interest at the maximum legal prevailing
rate, as determined by the Treasurer of the United States,
multiplied by 3.
``(h)(1) Any obligation of an individual incurred under the
Program (or a contractual agreement thereunder) for service
or payment shall be canceled upon the death of the
individual.
``(2) The Administrator shall by regulation provide for the
partial or total waiver or suspension of any obligation of
service or payment incurred by an individual under the
Program (or a contractual agreement thereunder) whenever
compliance by the individual is impossible or would involve
extreme hardship to the individual, or if enforcement of such
obligation with respect to the individual would be contrary
to the best interests of the Government.
``(i) For purposes of this section--
``(1) the term `cost of attendance' has the meaning given
that term in section 472 of the Higher Education Act of 1965;
``(2) the term `institution of higher education' has the
meaning given that term in section 101(a) of the Higher
Education Act of 1965; and
``(3) the term `Program' means the National Aeronautics and
Space Administration Science and Technology Scholarship
Program established under this section.
``(j)(1) There is authorized to be appropriated to the
Administration for the Program $10,000,000 for each fiscal
year.
``(2) Amounts appropriated under this section shall remain
available for 2 fiscal years.
``Sec. 9810. Distinguished scholar appointment authority
``(a) In this section--
``(1) the term `professional position' means a position
that is classified to an occupational series identified by
the Office of Personnel Management as a position that--
``(A) requires education and training in the principles,
concepts, and theories of the occupation that typically can
be gained only through completion of a specified curriculum
at a recognized college or university; and
``(B) is covered by the Group Coverage Qualification
Standard for Professional and Scientific Positions; and
``(2) the term `research position' means a position in a
professional series that primarily involves scientific
inquiry or investigation, or research-type exploratory
development of a creative or scientific nature, where the
knowledge required to perform the work successfully is
acquired typically and primarily through graduate study.
``(b) The Administration may appoint, without regard to the
provisions of section 3304(b) and sections 3309 through 3318,
but subject to subsection (c), candidates directly to General
Schedule professional, competitive service positions in the
Administration for which public notice has been given (in
accordance with regulations of the Office of Personnel
Management), if--
``(1) with respect to a position at the GS-7 level, the
individual--
``(A) received, within 2 years before the effective date of
the appointment, from an accredited institution authorized to
grant baccalaureate degrees, a baccalaureate degree in a
field of study for which possession of that degree in
conjunction with academic achievements meets the
qualification standards as prescribed by the Office of
Personnel Management for the position to which the individual
is being appointed; and
``(B) achieved a cumulative grade point average of 3.0 or
higher on a 4.0 scale and a grade point average of 3.5 or
higher for courses in the field of study required to qualify
for the position;
``(2) with respect to a position at the GS-9 level, the
individual--
``(A) received, within 2 years before the effective date of
the appointment, from an accredited institution authorized to
grant graduate degrees, a graduate degree in a field of study
for which possession of that degree meets the qualification
standards at this grade level as prescribed by the Office of
Personnel Management for the position to which the individual
is being appointed; and
``(B) achieved a cumulative grade point average of 3.5 or
higher on a 4.0 scale in graduate coursework in the field of
study required for the position;
``(3) with respect to a position at the GS-11 level, the
individual--
``(A) received, within 2 years before the effective date of
the appointment, from an accredited institution authorized to
grant graduate degrees, a graduate degree in a field of study
for which possession of that degree meets the qualification
standards at this grade level as prescribed by the Office of
Personnel Management for the position to which the individual
is being appointed; and
``(B) achieved a cumulative grade point average of 3.5 or
higher on a 4.0 scale in graduate coursework in the field of
study required for the position; or
``(4) with respect to a research position at the GS-12
level, the individual--
``(A) received, within 2 years before the effective date of
the appointment, from an accredited institution authorized to
grant graduate degrees, a graduate degree in a field of study
for which possession of that degree meets the qualification
standards at this grade level as prescribed by the Office of
Personnel Management for the position to which the individual
is being appointed; and
``(B) achieved a cumulative grade point average of 3.5 or
higher on a 4.0 scale in graduate coursework in the field of
study required for the position.
``(c) In making any selections under this section,
preference eligibles who meet the criteria for distinguished
scholar appointments shall be considered ahead of
nonpreference eligibles.
``(d) An appointment made under this authority shall be a
career-conditional appointment in the competitive civil
service.
``Sec. 9811. Travel and transportation expenses of certain
new appointees
``(a) In this section, the term `new appointee' means--
``(1) a person newly appointed or reinstated to Federal
service to the Administration to--
``(A) a career or career-conditional appointment or an
excepted service appointment to a continuing position;
``(B) a term appointment;
``(C) an excepted service appointment that provides for
noncompetitive conversion to a career or career-conditional
appointment;
``(D) a career or limited term Senior Executive Service
appointment;
``(E) an appointment made under section 203(c)(2)(A) of the
National Aeronautics and Space Act of 1958 (42 U.S.C.
2473(c)(2)(A));
``(F) an appointment to a position established under
section 3104; or
``(G) an appointment to a position established under
section 5108; or
``(2) a student trainee who, upon completion of academic
work, is converted to an appointment in the Administration
that is identified in paragraph (1) in accordance with an
appropriate authority.
``(b) The Administrator may pay the travel, transportation,
and relocation expenses of a new appointee to the same
extent, in the same manner, and subject to the same
conditions as the payment of such expenses under sections
5724, 5724a, 5724b, and 5724c to an employee transferred in
the interests of the United States Government.
``Sec. 9812. Annual leave enhancements
``(a) In this section--
``(1) the term `newly appointed employee' means an
individual who is first appointed--
``(A) as an employee of the Federal Government; or
``(B) as an employee of the Federal Government following a
break in service of at least 90 days after that individual's
last period of Federal employment, other than--
``(i) employment under the Student Educational Employment
Program administered by the Office of Personnel Management;
``(ii) employment as a law clerk trainee;
``(iii) employment under a short-term temporary appointing
authority while a student during periods of vacation from the
educational institution at which the student is enrolled;
``(iv) employment under a provisional appointment if the
new appointment is permanent and immediately follows the
provisional appointment; or
``(v) employment under a temporary appointment that is
neither full-time nor the principal employment of the
individual;
``(2) the term `period of qualified non-Federal service'
means any period of service performed by an individual that--
``(A) was performed in a position the duties of which were
directly related to the duties of the position in the
Administration which that individual will fill as a newly
appointed employee; and
``(B) except for this section, would not otherwise be
service performed by an employee for purposes of section
6303; and
``(3) the term `directly related to the duties of the
position' means duties and responsibilities in the same line
of work which require similar qualifications.
``(b)(1) For purposes of section 6303, the Administrator
may deem a period of qualified non-Federal service performed
by a newly appointed employee to be a period of service of
equal length performed as an employee.
``(2) A decision under paragraph (1) to treat a period of
qualified non-Federal service as if
[[Page H141]]
it were service performed as an employee shall continue to
apply so long as that individual serves in or under the
Administration.
``(c)(1) Notwithstanding section 6303(a), the annual leave
accrual rate for an employee of the Administration in a
position paid under section 5376 or 5383, or for an employee
in an equivalent category whose rate of basic pay is greater
than the rate payable at GS-15, step 10, shall be 1 day for
each full biweekly pay period.
``(2) The accrual rate established under this subsection
shall continue to apply to the employee so long as such
employee serves in or under the Administration.
``Sec. 9813. Limited appointments to Senior Executive Service
positions
``(a) In this section--
``(1) the term `career reserved position' means a position
in the Administration designated under section 3132(b) which
may be filled only by--
``(A) a career appointee; or
``(B) a limited emergency appointee or a limited term
appointee--
``(i) who, immediately before entering the career reserved
position, was serving under a career or career-conditional
appointment outside the Senior Executive Service; or
``(ii) whose limited emergency or limited term appointment
is approved in advance by the Office of Personnel Management;
``(2) the term `limited emergency appointee' has the
meaning given under section 3132; and
``(3) the term `limited term appointee' means an individual
appointed to a Senior Executive Service position in the
Administration to meet a bona fide temporary need, as
determined by the Administrator.
``(b) The number of career reserved positions which are
filled by an appointee as described under subsection
(a)(1)(B) may not exceed 10 percent of the total number of
Senior Executive Service positions allocated to the
Administration.
``(c) Notwithstanding sections 3132 and 3394(b)--
``(1) the Administrator may appoint an individual to any
Senior Executive Service position in the Administration as a
limited term appointee under this section for a period of--
``(A) 4 years or less to a position the duties of which
will expire at the end of such term; or
``(B) 1 year or less to a position the duties of which are
continuing; and
``(2) in rare circumstances, the Administrator may
authorize an extension of a limited appointment under--
``(A) paragraph (1)(A) for a period not to exceed 2 years;
and
``(B) paragraph (1)(B) for a period not to exceed 1 year.
``(d) A limited term appointee who has been appointed in
the Administration from a career or career-conditional
appointment outside the Senior Executive Service shall have
reemployment rights in the agency from which appointed, or in
another agency, under requirements and conditions established
by the Office of Personnel Management. The Office shall have
the authority to direct such placement in any agency.
``(e) Notwithstanding section 3394(b) and section 3395--
``(1) a limited term appointee serving under a term
prescribed under this section may be reassigned to another
Senior Executive Service position in the Administration, the
duties of which will expire at the end of a term of 4 years
or less; and
``(2) a limited term appointee serving under a term
prescribed under this section may be reassigned to another
continuing Senior Executive Service position in the
Administration, except that the appointee may not serve in 1
or more positions in the Administration under such
appointment in excess of 1 year, except that in rare
circumstances, the Administrator may approve an extension up
to an additional 1 year.
``(f) A limited term appointee may not serve more than 7
consecutive years under any combination of limited
appointments.
``(g) Notwithstanding section 5384, the Administrator may
authorize performance awards to limited term appointees in
the Administration in the same amounts and in the same manner
as career appointees.
``Sec. 9814. Qualifications pay
``(a) Notwithstanding section 5334, the Administrator may
set the pay of an employee paid under the General Schedule at
any step within the pay range for the grade of the position,
if such employee--
``(1) possesses unusually high or unique qualifications;
and
``(2) is assigned--
``(A) new duties, without a change of position; or
``(B) to a new position.
``(b) If an exercise of the authority under this section
relates to a current employee selected for another position
within the Administration, a determination shall be made that
the employee's contribution in the new position will exceed
that in the former position, before setting pay under this
section.
``(c) Pay as set under this section is basic pay for such
purposes as pay set under section 5334.
``(d) If the employee serves for at least 1 year in the
position for which the pay determination under this section
was made, or a successor position, the pay earned under such
position may be used in succeeding actions to set pay under
chapter 53.
``(e) Before setting any employee's pay under this section,
the Administrator shall submit a plan to the Office of
Personnel Management and the appropriate committees of
Congress, that includes--
``(1) criteria for approval of actions to set pay under
this section;
``(2) the level of approval required to set pay under this
section;
``(3) all types of actions and positions to be covered;
``(4) the relationship between the exercise of authority
under this section and the use of other pay incentives; and
``(5) a process to evaluate the effectiveness of this
section.
``Sec. 9815. Reporting requirement
``The Administrator shall submit to the appropriate
committees of Congress, not later than February 28 of each of
the next 6 years beginning after the date of enactment of
this chapter, a report that provides the following:
``(1) A summary of all bonuses paid under subsections (b)
and (c) of section 9804 during the preceding fiscal year.
Such summary shall include the total amount of bonuses paid,
the total number of bonuses paid, the percentage of the
amount of bonuses awarded to supervisors and management
officials, and the average percentage used to calculate the
total average bonus amount, under each of those subsections.
``(2) A summary of all bonuses paid under subsections (b)
and (c) of section 9805 during the preceding fiscal year.
Such summary shall include the total amount of bonuses paid,
the total number of bonuses paid, the percentage of the
amount of bonuses awarded to supervisors and management
officials, and the average percentage used to calculate the
total average bonus amount, under each of those subsections.
``(3) The total number of term appointments converted
during the preceding fiscal year under section 9806 and, of
that total number, the number of conversions that were made
to address a critical need described in the workforce plan
pursuant to section 9802(b)(2).
``(4) The number of positions for which the rate of basic
pay was fixed under section 9807 during the preceding fiscal
year, the number of positions for which the rate of basic pay
under such section was terminated during the preceding fiscal
year, and the number of times the rate of basic pay was fixed
under such section to address a critical need described in
the workforce plan pursuant to section 9802(b)(2).
``(5) The number of scholarships awarded under section 9809
during the preceding fiscal year and the number of
scholarship recipients appointed by the Administration during
the preceding fiscal year.
``(6) The total number of distinguished scholar
appointments made under section 9810 during the preceding
fiscal year and, of that total number, the number of
appointments that were made to address a critical need
described in the workforce plan pursuant to section
9802(b)(2).
``(7) The average amount paid per appointee, and the
largest amount paid to any appointee, under section 9811
during the preceding fiscal year for travel and
transportation expenses.
``(8) The total number of employees who were awarded
enhanced annual leave under section 9812 during the preceding
fiscal year; of that total number, the number of employees
who were serving in a position addressing a critical need
described in the workforce plan pursuant to section
9802(b)(2); and, for employees in each of those respective
groups, the average amount of additional annual leave such
employees earned in the preceding fiscal year (over and above
what they would have earned absent section 9812).
``(9) The total number of appointments made under section
9813 during the preceding fiscal year and, of that total
number, the number of appointments that were made to address
a critical need described in the workforce plan pursuant to
section 9802(b)(2).
``(10) The number of employees for whom the Administrator
set the pay under section 9814 during the preceding fiscal
year and the number of times pay was set under such section
to address a critical need described in the workforce plan
pursuant to section 9802(b)(2).
``(11) A summary of all recruitment, relocation,
redesignation, and retention bonuses paid under authorities
other than this chapter and excluding the authorities
provided in sections 5753 and 5754 of this title, during the
preceding fiscal year. Such summary shall include, for each
type of bonus, the total amount of bonuses paid, the total
number of bonuses paid, the percentage of the amount of
bonuses awarded to supervisors and management officials, and
the average percentage used to calculate the total average
bonus amount.''.
(b) Clerical Amendment.--The table of chapters for part III
of title 5, United States Code, is amended by adding at the
end the following:
``98. National Aeronautics and Space Administration.........9801''.....
The CHAIRMAN. During consideration of the bill for amendment, the
Chair may accord priority in recognition to a Member offering an
amendment that he has printed in the designated place in the
Congressional Record. Those amendments will be considered read.
Are there any amendments to the bill?
[[Page H142]]
Amendment Offered by Mr. Flake
Mr. FLAKE. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Flake:
Page 9, after line 15, insert the following:
``(j) The budget requests for the Administration for the
second fiscal year beginning after the date of enactment of
this chapter and for each fiscal year thereafter shall
include a statement that demonstrates that the amount that
was requested to carry out this chapter for the previous year
was equal to or less than reductions in specific item budget
requests made for that same year.
Page 42, line 2, strike the closing quotation marks and the
last period.
Page 42, after line 2, insert the following:
``(12) A statement including the following:
``(A) The total amount of appropriations requested for the
previous fiscal year to carry out this chapter.
``(B) Total outlays expended during the previous fiscal
year to carry out this chapter.
``(C) A summary of all cost-cutting initiatives implemented
and carried out by the Administration during the previous
fiscal year to carry out this chapter.
``(D) An estimate of the total amount of appropriations to
be requested by the Administration for the next fiscal year
to carry out this chapter.
``(E) A written plan to implement cost-cutting initiatives
during the next fiscal year to carry out this chapter. Such
plan shall demonstrate that the estimated savings resulting
from cost-cutting initiatives to be implemented during the
next fiscal year shall be equal to or exceed the estimate of
the appropriations request for the next fiscal year to carry
out this chapter.''.
Mr. FLAKE. Mr. Chairman, what the Flake amendment does, and I
listened to the discussion about the merits of the bill, and I am
compelled that we do need to do this. This is a good bill. We need to
give NASA the flexibility they need to hire good people and retain
them. I am not questioning the merits of the bill at all. I am simply
saying in this era of big deficits and the spending problem that we
have in Congress, we ought to ensure that any new authorization is met
with some spending restraint on the other side and we pay for the money
we are spending here.
The Flake amendment would require NASA to submit to Congress a plan
to offset new spending authorized under this legislation with budget
reductions elsewhere in the NASA budget. The Flake amendment gives NASA
the flexibility to choose which budget request to target for reduction.
We are not telling them how to do it; we are simply saying please match
this funding with similar reductions.
The report that NASA must give when they get this money must
demonstrate that spending requests for provisions authorized under this
legislation are matched with corresponding budget cuts in other
specific budget items. Adoption of the Flake amendment gives Congress
the opportunity to ensure that new spending authorization for must-have
workplace flexibility is met with spending restraints.
The CBO estimates that S. 610 will cost $80 million over the 2004-
2008 period. There has been no indication that the new authorized
spending will be prioritized against the spending accounts. While the
workforce flexibility afforded to NASA under S. 610 is positive and
market-oriented, NASA should identify areas of spending that can be
reduced to offset new costs.
In November, Congress passed a $400 billion Medicare bill. The Senate
passed the final omnibus package which totaled over $370 billion in
spending. That has been signed into law. Two days ago, the CBO
announced that we have a $477 billion projected deficit. If you include
draws on the trust fund, that brings it all of the way up to just under
$700 billion for the coming year. It is time to exercise some fiscal
restraint. That is what the Flake amendment is designed to do.
Mr. BOEHLERT. Mr. Chairman, I rise in opposition to the amendment.
I want to thank the gentleman for his explanation of the amendment.
The gentleman from Arizona is a very thoughtful Member, and he
contributes significantly to the deliberations of this body. However,
let me say a couple of things.
First of all, this legislation will give flexibility to NASA to work
within the existing constraints. No new money, we are not coming up
with a ton of new money or anything else. We are saying they have an
existing budget for personnel and they have more flexibility with it.
We are treating them like a business. I think that is very important.
We have to stem the tide of this brain drain. It is very serious. As
the gentleman from Virginia (Mr. Tom Davis) pointed out, within 5
years, 25 percent of the workforce is eligible for retirement. We have
15 percent eligible for retirement right now. Those over 60 outnumber
by three to one those under 30. It is a very serious problem. We tried
to address it in a very responsible way. We did not address like some
people around here suggest we address problems, give them a blank
check. We did not do that. We said, no, they have to use their existing
personnel accounts, no additional money; but we give them flexibility.
Having said that, let me point out something else. There is a very
practical reason why we should not accept this amendment and should go
forward today. We have to get the bill to the President for his
signature. This is a bill that has passed unanimously in the Senate, a
bill that is going to pass by substantial margin here in the House,
hopefully unanimously.
If we amend it, here is what is going to happen. This is something
which has been cooking for months now. We just got the amendment today,
and that is why I appreciate the explanation. I had not seen the
amendment before. We received a thorough, sound, reasoned explanation;
but if we pass this amendment, the bill is amended, and it goes back to
the Senate, and we start all over again back and forth like a ping-pong
match. We have preconferenced this bill. We worked it out with the
Senate. They send it back here, we vote ``aye'' today, it goes to the
President, he signs it, and we get on with the job of giving NASA the
flexibility it needs.
I would urge my colleagues to vote against the amendment. I thank the
gentleman from Arizona (Mr. Flake) for his thoughtful presentation.
Mr. FLAKE. Mr. Chairman, will the gentleman yield?
Mr. BOEHLERT. I yield to the gentleman from Arizona.
Mr. FLAKE. Mr. Chairman, I think it is not unreasonable to ask to go
back to the Senate. I think Members agree this flexibility is needed.
It is market-oriented. We need to make sure that NASA retains and hires
good people.
Many of my colleagues that I have spoken to in the last day on this
subject have indicated that they were informed this would not cost
anything, this would be totally from NASA's own budget. Yet the CBO
estimates that it will cost $80 billion over the next 4 years. If that
is the case that it draws only on NASA's budget, if it is the case that
it does not cost anything, I would submit that there is no problem
here, that it does not increase spending.
So all our amendment says is to the degree it does, if it is going to
increase spending and if we are going to have to authorize new
spending, it should be matched with spending reductions elsewhere in
the budget.
The NASA budget for personnel is $2 billion a year. I do not believe
it is unreasonable to ask for those kinds of spending reductions.
Mr. TOM DAVIS of Virginia. Mr. Chairman, will the gentleman yield?
Mr. BOEHLERT. I yield to the gentleman from Virginia.
Mr. TOM DAVIS of Virginia. Mr. Chairman, my question is what are the
CBO costs on this?
Mr. FLAKE. Mr. Chairman, will the gentleman yield?
Mr. BOEHLERT. I yield to the gentleman from Arizona.
Mr. FLAKE. Mr. Chairman, I would say to the gentleman that the
personnel costs for NASA are $2 billion per year, with a ``B.'' The
costs that CBO projects for this are $80 million.
Mr. BOEHLERT. Reclaiming my time, that is within the existing
personnel allocation. This is not additional money, additional to the
$2 billion. They are saying if NASA took advantage of all these
programs, scholarships, retention incentives, moving expenses, the
types of things that happen every single day in the business community,
they have to do it with the existing personnel budget, no new money.
I am like the gentleman from Arizona, perhaps not as fiscally
conservative, but I am moving in that direction. But the point is this
does not add money; it allows more flexibility. The estimates that the
gentleman from Arizona are referring to are estimates on what this
could cost from the existing budget by using the flexibility that we
are proposing.
[[Page H143]]
Mr. TOM DAVIS of Virginia. Mr. Chairman, I move to strike the last
word.
Again, the gentleman from Arizona (Mr. Flake) and I have worked
together on so many battles. I respect what the gentleman is trying to
do here, but I have to oppose this amendment for several reasons.
First of all, as the chairman of the Committee on Science noted, if
we amend this bill today, it goes back to the other body, the black
hole. We have been waiting a long time to get these personnel changes
into effect so we can go out and retain part of that workforce that is
now contemplating retiring, and we can start retaining the best and
brightest out of our universities. Every day we delay that, we lose
flexibility to do that.
The NASA budget is $15.5 billion. The personnel costs are only $2
billion. If we want to go after NASA's budget or start holding it down,
the way to control that is by their section 302(b) allocation through
the appropriations process. It is designed that NASA will eat these
costs under the current appropriations. They may pay a little more for
personnel in some areas and may pay less in some areas, but they have
to do it under the budget that we pass. This appropriates no additional
money, but it does give them flexibility to pay people at the top, our
top rocket scientists, top engineers, and top program managers, the
kind of dollars that will keep them in the program and recruit some of
our best people into our space program instead of going out into the
private sector where they can gain a lot more money.
The costs of failure of not doing this are much greater. A failed
launch, cost delays, those costs are literally astronomical, if we are
to do that; and that is what we are trying to eliminate here, the
downside of not passing this. It is a cost-avoidance issue.
We control this through the budget process, the section 302(b)
allocations that we make and budget, and there are no additional monies
appropriated. These costs will be eaten up within the NASA budget, and
there is plenty of flexibility to do this. There is a $15.5 billion
budget, $2 billion for personnel costs, and $80 million can be
reallocated without any additional cost to American taxpayers; and we
can retain and recruit some of the quality people that are needed to
run this space program and keep it going on the right track.
It is for those reasons that I urge my colleagues to vote against
this amendment.
Mr. GORDON. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, we were not given notice of this amendment; but on
quick and brief review, it seems to be a well-intentioned amendment
that does not improve the bill. It seeks to solve a problem that does
not exist, so I want to concur with the gentleman from Virginia (Mr.
Tom Davis) and the gentleman from New York (Mr. Boehlert) in opposing
this amendment.
Mr. FLAKE. Mr. Chairman, I ask unanimous consent to strike the
requisite number of words.
The CHAIRMAN. Is there objection to the request of the gentleman from
Arizona?
There was no objection.
Mr. FLAKE. Mr. Chairman, I would like to engage in a colloquy with
the sponsor of the bill. There seems to be some confusion as to whether
or not this is new authorization for additional spending over and above
NASA's personnel costs which have already been approved.
Mr. BOEHLERT. Mr. Chairman, will the gentleman yield?
Mr. FLAKE. I yield to the gentleman from New York.
{time} 1145
Mr. BOEHLERT. Mr. Chairman, that is a legitimate concern expressed by
the gentleman. Let me assure him, this is not additional money. This
says to NASA, using your existing personnel allocation, we are giving
you flexibility.
We say constantly, why does government not operate more like
business, like they do in the real world? We are trying to give NASA
that opportunity. We are not giving them a blank check. We are not
giving them the key to the Treasury. We are just saying, existing
dollars, you have more flexibility to retain the workforce you need to
do the job we expect you to do.
Mr. FLAKE. Let me rephrase the question. If NASA takes advantage of
the new flexibility given them to the fullest extent, will it have an
additional draw on the Treasury or will it be totally within NASA's
existing budget?
Mr. BOEHLERT. My counsel just advises me, it depends on what the
appropriators do in future appropriations. But the answer is clearly
``no.'' I know what the gentleman's intent is, his intent as I
understand it, and that is why I appreciate the thoughtful presentation
he gave on the floor today. I wish we had had it earlier. As Chairman
Rohrabacher has said, he takes a back seat to no one in being concerned
about how we spend money around here.
So I agree with the basic intention. It is not to have additional
money spent for NASA on personnel. It is to give them flexibility on
the existing money we appropriate for them. Who knows, with the
President's vision outlined, for this new Mars vision, eventually a
generation or two ahead of us and the Moon in this generation, if the
Congress decides to be supportive of that, there are going to be budget
differences; but I want to assure the gentleman that our intent is to
give NASA the flexibility to use existing dollars, not to add to the
allocation or appropriation for NASA on personnel or any other thing.
Mr. FLAKE. So the CBO estimates of the cost are simply within NASA's
own budget?
Mr. BOEHLERT. That is right.
Mr. FLAKE. With that explanation, I will withdraw the amendment
assuming that we are on the same page.
Mr. BOEHLERT. I thank the gentleman.
Mr. FLAKE. Mr. Chairman, I ask unanimous consent to withdraw the
amendment.
The CHAIRMAN. Is there objection to the request of the gentleman from
Arizona?
There was no objection.
The CHAIRMAN. Are there any other amendments?
Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Flake) having assumed the chair, Mr. Isakson, Chairman of the Committee
of the Whole House on the State of the Union, reported that that
Committee, having had under consideration the Senate bill (S. 610) to
amend the provisions of title 5, United States Code, to provide for
workforce flexibilities and certain Federal personnel provisions
relating to the National Aeronautics and Space Administration, and for
other purposes, pursuant to House Resolution 502, he reported the
Senate bill back to the House.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
The question is on the third reading of the Senate bill.
The Senate bill was ordered to be read a third time, was read the
third time, and passed, and a motion to reconsider was laid on the
table.
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