[Congressional Record Volume 167, Number 90 (Monday, May 24, 2021)]
[Senate]
[Page S3351]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1935. 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.
       (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) 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, during 
     the 7-year period beginning on the date of enactment of the 
     United States Innovation and Competition Act of 2021, 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''.
       (b) Early Retirement.--Title 5, United States Code, is 
     amended--
       (1) in section 8336(d), in the matter preceding paragraph 
     (1), by inserting ``(including, for the purposes of paragraph 
     (2), 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))'' after ``An 
     employee''; and
       (2) in section 8414(b)(1), in the matter preceding 
     subparagraph (A), by inserting ``(including, for the purposes 
     of subparagraph (B), 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))'' 
     after ``an employee''.
                                 ______