[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''.
                                 ______