[Congressional Record Volume 167, Number 88 (Thursday, May 20, 2021)]
[Senate]
[Pages S3293-S3294]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1881. Mr. PETERS submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to
establish a new Directorate for Technology and Innovation in the
National Science Foundation, to establish a regional technology hub
program, to require a strategy and report on economic security,
science, research, innovation, manufacturing, and job creation, to
establish a critical supply chain resiliency program, and for other
purposes; which was ordered to lie on the table; as follows:
On page 61, on line 20, insert ``Appointment as a program
director under this section shall be voluntary, and the
Director is not authorized to remove a program director
during their appointed term unless for cause.'' after
``tor.''
Beginning on page 113, strike line 24 and all that follows
through line 3 on page 115 and insert the following:
(3) Direct hire authority.--
(A) In general.--During fiscal year 2021 and any fiscal
year thereafter, the head of any Federal agency may appoint,
without regard to the provisions of subchapter I of chapter
33 of title 5, United States Code, other than sections 3303,
3304(b), and 3328 of that title, a qualified candidate
described in subparagraph (B) directly to a position in the
competitive service with the Federal agency for which the
candidate meets Office of Personnel Management qualification
standards.
(B) Fellowship or temporary rotational posting.--
Subparagraph (A) applies with respect to a former recipient
of an award under this subsection who--
(i) earned a doctoral degree in a STEM field from an
institution of higher education; and
(ii) successfully fulfilled the requirements of the
fellowship or temporary rotational posting within a Federal
agency.
(C) Limitation.--The direct hire authority under this
paragraph shall be exercised with respect to a specific
qualified candidate not later than 2 years after the date
that the candidate completed the requirements related to the
fellowship or temporary rotational posting described under
this subsection.
(D) Number.--The number of employees appointed and retained
by the Federal Government under this paragraph shall not
exceed 10 at any time.
Strike section 2204 and insert the following:
SEC. 2204. PERSONNEL MANAGEMENT AUTHORITIES FOR THE
FOUNDATION.
(a) Study.--Not later than 30 days after the date of
enactment of this division, the Director shall contract with
the National Academy of Public Administration to conduct a
study on the organizational and management structure of the
Foundation, to--
(1) evaluate and make recommendations to efficiently and
effectively implement the Directorate for Technology and
Innovation;
(2) evaluate and make recommendations to ensure
coordination of the Directorate for Technology and Innovation
with other directorates and offices of the Foundation and
other Federal agencies; and
(3) make recommendations for the management of the
Foundation's business and personnel practices, including
implementation of the new hiring authorities and program
director authorities provided in section 2103.
(b) Review.--Upon completion of the study under paragraph
(1), the Foundation shall review the recommendations from the
National Academy of Public Administration and provide a
briefing to Congress on the plans of the Foundation to
implement any such recommendations.
Strike section 2665 and insert the following:
SEC. 2665. APPOINTMENT AND COMPENSATION PILOT PROGRAM.
(a) Definition of Covered Provisions.--In this section, the
term ``covered provisions'' means the provisions of title 5,
United States Code, other than--
(1) section 2301 of that title;
(2) section 2302 of that title;
(3) chapter 33 of that title;
(4) chapter 71 of that title;
(5) chapter 72 of that title; and
(6) chapter 73 of that title.
(b) Establishment.--There is established a 3-year pilot
program under which, notwithstanding section 20113 of title
51, United States Code, the Administrator may, with respect
to not more than 3,000 designated personnel--
(1) appoint and manage such designated personnel of the
Administration, without regard to the covered provisions; and
(2) fix the compensation of such designated personnel of
the Administration, without regard to chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
at a rate that does not exceed the per annum rate of salary
of the Vice President of the United States under section 104
of title 3, United States Code.
[[Page S3294]]
(c) Administrator Responsibilities.--In carrying out the
pilot program established under subsection (b), the
Administrator shall ensure that the pilot program--
(1) uses--
(A) state-of-the-art recruitment techniques;
(B) simplified classification methods with respect to
personnel of the Administration; and
(C) broad banding; and
(2) offers--
(A) competitive compensation; and
(B) the opportunity for career mobility.
(d) Report.--Not later than 2 years after the date of the
enactment of this division, the Administrator shall submit to
the appropriate committees of Congress a report that--
(1) describes in detail--
(A) the use of the pilot program hiring authority under
this section, including pay, qualifications, and
classification of individuals hired under such authority;
(B) the methods for recruitment under the program; and
(C) efforts being made by the NASA to address any
compensation equity issue that may arise as a result of the
program;
(2) analyzes the impact of the program on participants,
disaggregated by demographic factors including age, race,
ethnicity, gender, education, compensation, and job
classification;
(3) compares the demographics of the program participants
with the demographics of NASA employees outside the program;
(4) assesses the morale and engagement of the NASA
workforce participating in the program, as compared to the
morale and engagement of the NASA workforce outside the
program; and
(5) makes recommendations with respect to the continuation,
modification, or permanent codification of the program.
Strike section 2669 and insert the following:
SEC. 2669. SEPARATIONS AND RETIREMENT INCENTIVES.
(a) In General.--Section 20113 of title 51, United States
Code, is amended by adding at the end the following:
``(o) Provisions Related to Separation and Retirement
Incentives.--
``(1) Definition.--In this subsection, the term
`employee'--
``(A) means an employee of the Administration serving under
an appointment without time limitation; and
``(B) does not include--
``(i) a reemployed annuitant under subchapter III of
chapter 83 or chapter 84 of title 5 or any other retirement
system for employees of the Federal Government;
``(ii) an employee having a disability on the basis of
which such employee is or would be eligible for disability
retirement under any of the retirement systems referred to in
clause (i); or
``(iii) for purposes of eligibility for separation
incentives under this subsection, an employee who is in
receipt of a decision notice of involuntary separation for
misconduct or unacceptable performance.
``(2) Authority.--The Administrator may establish a program
under which employees may be eligible for early retirement,
offered separation incentive pay to separate from service
voluntarily, or both. This authority may be used to reduce
the number of personnel employed or to restructure the
workforce to meet mission objectives without reducing the
overall number of personnel. This authority is in addition
to, and notwithstanding, any other authorities established by
law or regulation for such programs.
``(3) Early retirement.--An employee who is at least 50
years of age and has completed 20 years of service, or has at
least 25 years of service, may, pursuant to regulations
promulgated under this subsection, apply and be retired from
the Administration and receive benefits in accordance with
subchapter III of chapter 83 or 84 of title 5 if the employee
has been employed continuously within the Administration for
more than 30 days before the date on which the determination
to conduct a reduction or restructuring within 1 or more
Administration centers is approved.
``(4) Limitations on reemployment.--
``(A) An employee who receives separation pay under such
program may not be reemployed by the Administration for a 12-
month period beginning on the effective date of the
employee's separation, unless this prohibition is waived by
the Administrator on a case-by-case basis.
``(B) An employee who receives separation pay under this
section on the basis of a separation and accepts employment
with the Government of the United States, or who commences
work through a personal services contract with the United
States within 5 years after the date of the separation on
which payment of the separation pay is based, shall be
required to repay the entire amount of the separation pay to
the Administration. If the employment is with an Executive
agency (as defined by section 105 of title 5) other than the
Administration, the Administrator may, at the request of the
head of that agency, waive the repayment if the individual
involved possesses unique abilities and is the only qualified
applicant available for the position. If the employment is
within the Administration, the Administrator may waive the
repayment if the individual involved is the only qualified
applicant available for the position. If the employment is
with an entity in the legislative branch, the head of the
entity or the appointing official may waive the repayment if
the individual involved possesses unique abilities and is the
only qualified applicant available for the position. If the
employment is with the judicial branch, the Director of the
Administrative Office of the United States Courts may waive
the repayment if the individual involved possesses unique
abilities and is the only qualified applicant available for
the position.
``(5) Regulations.--Under the program established under
paragraph (2), early retirement and separation pay may be
offered only pursuant to regulations established by the
Administrator, subject to such limitations or conditions as
the Administrator may require.
``(6) Use of existing funds.--The Administrator shall carry
out this subsection using amounts otherwise made available to
the Administrator and no additional funds are authorized to
be appropriated to carry out this subsection.''.
(b) Voluntary Separation Incentive Payments.--
Subchapter II of chapter 35 of title 5, United States Code,
is amended--
(1) in section 3521--
(A) by striking paragraph (1) and inserting the following:
``(1) `agency'--
``(A) means an Executive agency as defined under section
105 (other than the Government Accountability Office); and
``(B) includes the National Aeronautics and Space
Administration; and''; and
(B) in paragraph (2)--
(i) in subparagraph (A)(ii), by striking ``and'' at the
end;
(ii) in subparagraph (B)(vi)(III), by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) shall include an employee of the National Aeronautics
and Space Administration appointed in accordance with
paragraph (1) or (2) of section 20113(b) of title 51, without
regard to any other provision of such section 20113(b).'';
and
(2) in section 3523(b)(3)(B), by inserting ``, or, with
respect to an employee of the National Aeronautics and Space
Administration, including an employee described in section
3521(2)(C), not to exceed $40,000'' after ``$25,000''.
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