Home > 106th Congressional Bills > S. 610 (is) To direct the Secretary of the Interior to convey certain land under the jurisdiction of the Bureau of Land Management in Washakie County and Big Horn County, Wyoming, to the Westside Irrigation District, Wyoming, and for other purposes. [Intr...

S. 610 (is) To direct the Secretary of the Interior to convey certain land under the jurisdiction of the Bureau of Land Management in Washakie County and Big Horn County, Wyoming, to the Westside Irrigation District, Wyoming, and for other purposes. [Intr...


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108th CONGRESS
  1st Session
                                 S. 610

_______________________________________________________________________

                                 AN ACT


 
 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.

    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 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 

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