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108th CONGRESS
1st Session
H. R. 1085
To make certain workforce authorities available to the National
Aeronautics and Space Administration, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 5, 2003
Mr. Boehlert introduced the following bill; which was referred to the
Committee on Science, and in addition to the Committee on Government
Reform, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To make certain workforce authorities available to the National
Aeronautics and Space Administration, and for other purposes.
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.
The National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 and
following) is amended by adding at the end the following:
``TITLE V--WORKFORCE AUTHORITIES
``definitions
``Sec. 501. For purposes of this title--
``(1) the term `employee' means an individual employed in
or under the Administration;
``(2) the term `appropriate committees of Congress' means--
``(A) the Committee on Science and the Committee on
Appropriations of the House of Representatives; and
``(B) the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of
the Senate;
``(3) the term `critical need' means a specific and
important requirement of the Administration's mission that the
Administration is unable to fulfill because the Administration
lacks the appropriate employees either because of the inability
to fill positions or because employees do not possess the
requisite skills;
``(4) the term `Workforce Plan' means the plan required
under section 502(a); and
``(5) the term `redesignation bonus' means a bonus under
section 504 paid to an individual described in subsection
(a)(2) thereof.
``planning, notification, and reporting requirements
``Sec. 502. (a) Not later than 90 days before first exercising any
of the workforce authorities made available by this title, the
Administrator shall submit to the appropriate committees of Congress a
written plan, which shall include a description of--
``(1) each critical need of the Administration and the
criteria used in its identification;
``(2) the functions, approximate number, and classes or
other categories of positions or employees that address
critical needs and that would be eligible for each authority
proposed to be exercised under section 503, and 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) any critical need identified under paragraph (1)
which would not be addressed by the authorities made available
by section 503, and 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 in sections 504,
505, and 506 (including, in the case of sections 504 and 505,
the criteria for granting bonuses in the absence of a critical
need), and how the level of those benefits will be determined;
``(5) the safeguards or other measures that will be applied
to ensure that this title is carried out in a manner consistent
with merit system principles;
``(6) the means by which employees will be afforded the
notification required under subsection (b) and the third
sentence of subsection (c)(1), respectively; and
``(7) the methods that will be used to determine if the
authorities exercised under section 503 have successfully
addressed each critical need identified under paragraph (1).
``(b) Not later than 60 days before first exercising any of the
workforce authorities made available by this title, the Administrator
shall provide to all employees the Workforce Plan, along with any
additional information which the Administrator considers appropriate.
``(c)(1) The Administrator may from time to time modify the
Workforce Plan. Not later than 90 days before implementing any such
modifications, the Administrator shall submit a description of the
proposed modifications to the appropriate committees of Congress. Not
later than 60 days before implementing any such modifications, the
Administrator shall provide an appropriately modified plan to all
employees of the Administration.
``(2) Any reference in this title or any other provision of law to
the Workforce Plan shall be considered to include any modification made
in accordance with this subsection.
``(d) None of the workforce authorities made available by section
503 may be exercised in a manner inconsistent with the Workforce Plan.
``(e) Not later than 6 years after the date of enactment of this
title, the Administrator shall submit to the appropriate committees of
Congress an evaluation and analysis of the actions taken by the
Administration under this title, including--
``(1) an evaluation, using the methods described in
subsection (a)(7), of whether the authorities exercised under
section 503 successfully addressed each critical need
identified under subsection (a)(1);
``(2) to the extent that they did not, an explanation of
the reasons why any critical need (apart from the ones under
subsection (a)(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.
``(f) Whenever the Administration submits its performance plan
under section 1115 of title 31, United States Code, 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.
``workforce authorities
``Sec. 503. (a) The workforce authorities made available by this
title are as follows:
``(1) The authority to pay recruitment, redesignation, and
relocation bonuses, as provided by section 504.
``(2) The authority to pay retention bonuses, as provided
by section 505.
``(3) The authority to apply subchapter II of chapter 35 of
title 5, United States Code (relating to voluntary separation
incentive payments), as added by section 1313(a)(1)(A) of the
Homeland Security Act of 2002 (Public Law 107-296), in
accordance with section 506.
``(4) The authority to make term appointments and to take
related personnel actions, as provided by section 507.
``(5) The authority to fix rates of basic pay for critical
positions, as provided by section 508.
``(6) The authority to extend intergovernmental personnel
act assignments, as provided by section 509.
``(b) No authority under this title may be exercised with respect
to any officer who is appointed by the President, by and with the
advice and consent of the Senate.
``(c) Unless specifically stated otherwise, all authorities
provided under this title are subject to section 5307 of title 5,
United States Code. For purposes of applying such section 5307, cash
payments made under authority of this title shall be treated in the
same way as if they had instead been made under the corresponding
provisions of such title 5 (if any).
``recruitment, redesignation, and relocation bonuses
``Sec. 504. (a) Notwithstanding section 5753 of title 5, United
States Code, the Administrator may pay a bonus to an individual, in
accordance with the Workforce Plan and subject to the limitations in
this section, if the Administrator determines that the Administration
would be likely, in the absence of a bonus, to encounter difficulty in
filling a position, and if the individual--
``(1) is newly appointed as an employee of the Federal
Government;
``(2) is currently employed by the Federal Government and
is newly appointed to another position in the same geographic
area; or
``(3) is currently employed by the Federal Government and
must 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 pursuant to section 502(a)(2), 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 5304-5304a of
title 5, United States Code) as of the beginning of the service
period multiplied by the service period specified pursuant to
subsection (d)(1)(A); or
``(2) 100 percent of the employee's annual rate of basic
pay (including comparability payments under sections 5304-5304a
of title 5, United States Code) as of the beginning of the
service period.
``(c) If the position is not described as addressing a critical
need in the Workforce Plan pursuant to section 502(a)(2), the amount of
a bonus may not exceed--
``(1) 25 percent of the employee's annual rate of basic pay
(including comparability payments under sections 5304-5304a of
title 5, United States Code) as of the beginning of the service
period multiplied by the service period specified pursuant to
subsection (d)(1)(A); or
``(2) 100 percent of the employee's annual rate of basic
pay (including comparability payments under sections 5304-5304a
of title 5, United States Code) as of the beginning of the
service period.
``(d)(1) Payment of a bonus under this section shall be contingent
upon the individual entering into a service agreement with the
Administration. The service agreement shall, at a minimum, set forth--
``(A) the required service period;
``(B) the method of payment, including a payment schedule;
the method of payment may include a lump-sum payment,
installment payments, or a combination thereof;
``(C) the amount of the bonus and the basis for calculating
such amount; and
``(D) 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) The Administrator shall submit to the appropriate committees
of Congress, not later than February 28 of each year, a summary of all
bonuses paid under subsections (b) and (c) during the previous calendar
year. Such summary shall include the number of bonuses paid, the total
amount of bonuses paid, and the average percentage used in calculating
the total average bonus amount, under each such subsection.
``retention bonuses
``Sec. 505. (a) Notwithstanding section 5754 of title 5, United
States Code, 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 pursuant to section 502(a)(2), the amount of a bonus
may not exceed 50 percent of the employee's annual rate of basic pay
(including comparability payments under sections 5304-5304a of title 5,
United States Code).
``(c) If the position is not described as addressing a critical
need in the Workforce Plan pursuant to section 502(a)(2), the amount of
a bonus may not exceed 25 percent of the employee's annual rate of
basic pay (including comparability payments under sections 5304-5304a
of title 5, United States Code).
``(d)(1) Payment of a bonus under this section shall be contingent
upon the employee entering into a service agreement with the
Administration. The service agreement shall, at a minimum, set forth--
``(A) the required service period;
``(B) the method of payment, including a payment schedule;
the method of payment may include a lump-sum payment,
installment payments, or a combination thereof;
``(C) the amount of the bonus and the basis for calculating
such amount; and
``(D) the conditions under which the agreement may be
terminated before the agreed-upon service period has been
completed, and the effect of the termination.
``(2) The employee's service period shall be expressed as the
number equal to the full years and twelfth parts thereof, rounding the
fractional part of a month to the nearest twelfth part of a year. The
service period may not be less than 6 months and may not exceed 4
years.
``(3) Notwithstanding paragraph (1), a service agreement is not
required if the Administration pays a bonus in biweekly installments
and sets the installment payment at the full bonus percentage rate
established for the employee with no portion of the bonus deferred. In
this case, the Administration shall inform the employee in writing of
any decision to change the retention bonus payments. The employee shall
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