NASA Workforce Flexibilities: H.R. 1085 and S. 610, 108th Congress
CRS Report for Congress
NASA Workforce Flexibilities:
th
H.R. 1085 and S. 610, 108 Congress
Updated January 16, 2004
Barbara L. Schwemle
Analyst in American National Government
Government and Finance Division
Congressional Research Service ˜ The Library of Congress
NASA Workforce Flexibilities:
H.R. 1085 and S. 610, 108th Congress
Summary
Various personnel flexibilities would be provided to the National Aeronautics
and Space Administration (NASA) under legislation currently pending in both the
House of Representatives and the Senate. H.R. 1085, the NASA Flexibility Act of
610, the NASA Flexibility Act of 2003, was introduced by Senator George
Voinovich on March 13, 2003. H.R. 1836, the Civil Service and National Security
Personnel Improvement Act, introduced by Representative Tom Davis on April 29,
2003, includes, in Title III, Subtitle B, provisions similar to those in S. 610, as
introduced.
This report compares H.R. 1085, as reported to the House, and S. 610, as passed
by the Senate, with current law. (See CRS Report RL31924 for H.R. 1836.) Both
bills would provide enhanced flexibilities for human resources management at NASA
by creating a new Chapter 98 on NASA in Title 5 of the United States Code.
H.R. 1085 and S. 610, among other provisions, would provide more
remunerative amounts of, and greater flexibility in administering, recruitment,
relocation, and retention bonuses; permit term appointments of up to six years; and
authorize pay up to the Vice President’s salary for critically needed scientific,
technical, professional, or administrative personnel. Both bills also would allow the
Administrator of NASA to place limited term and limited emergency appointees in
career-reserved positions in the Senior Executive Service. Career-reserved positions
are required by statute to be filled by career appointees. Unlike, S. 610, H.R. 1085
would allow a personnel management demonstration project at NASA to cover up
to 8,000 employees, rather than the up to 5,000 employees permitted under current
law.
This report will be updated as legislative actions occur.
Contents
Introduction and Background.........................................1
Table 1. H.R. 1085 and S. 610 Compared with Current Law...............11
Compensation for Certain Excepted Personnel......................11
Definitions ..................................................11
Planning, Notification, and Reporting Requirements.................12
Restrictions .................................................17
Recruitment, Redesignation, and Relocation Bonuses................19
Retention Bonuses............................................21
Term Appointments...........................................24
Pay Authority for Critical Positions...............................25
Assignments of Intergovernmental Personnel.......................28
Enhanced Demonstration Project Authority........................28
Science and Technology Scholarship Program......................29
Distinguished Scholar Appointment Authority......................35
Travel and Transportation Expenses of Certain New Appointees........37
Annual Leave Enhancements....................................38
Limited Appointments to Senior Executive Service Positions..........41
Qualifications Pay............................................45
Reporting Requirement........................................47
Contributing Policy Analysts........................................51
NASA Workforce Flexibilities:
th
H.R. 1085 and S. 610, 108 Congress
Introduction and Background
Legislation is pending in both the House of Representatives and the Senate to
provide various personnel flexibilities to the National Aeronautics and Space
Administration (NASA).
Two bills were introduced in March 2003. In the House, Representative
Sherwood Boehlert introduced H.R. 1085, the NASA Flexibility Act of 2003, on
March 5, 2003, and it was referred to the House Committees on Government Reform
and Science. The Science Committee conducted a hearing on H.R. 1085 on March
12, 2003, and its Subcommittee on Space and Aeronautics marked up the bill on June
26, 2003. The subcommittee forwarded H.R. 1085, as amended, to the full
committee, by voice vote the same day. Representative Bart Gordon, Ranking
Democrat on the subcommittee, opposed the bill. According to a Science Committee
Democratic Membership news release, Representative Gordon said that he is
“disappointed that we didn’t wait for the Columbia Accident Investigation Board to
report before marking up NASA workforce legislation.” He explained his opposition
as follows:
On May 13th of this year, all of the members of the Democratic caucus of the1
Science Committee sent a joint letter to Chairman Boehlert .... In that letter, we
asked him to delay the markup of any NASA workforce legislation until the
Columbia Accident Investigation Board has reported and the Committee has had
a chance to review its findings and recommendations. Admiral Gehman has said
on several occasions that the accident investigation board is examining issues
related to NASA’s personnel, contractors, and culture as it attempts to ascertain
the root causes of the accident. Indeed, Admiral Gehman was quoted in
yesterday’s Washington Post as saying a “goodly portion of the report, perhaps
half,” will deal with issues of management at NASA. We should wait to hear
what the board concludes before we adopt legislative provisions that might prove
either counterproductive or insufficient to address the underlying problems2
identified by the board.
Among Representative Gordon’s other concerns are these: that issues affecting
all NASA employees be considered, questions why the demonstration project
1 Letter to Representative Sherwood Boehlert, Chairman, House Committee on Science,
May 13, 2003.
2 House Science Committee, Democratic Membership, Ranking Democrat Gordon Opposes
Passage of NASA Workforce Bill, June 26, 2003. Available on the Internet at
[http://www.house.gov/ science_democrats/welcome.htm] .
authority is being requested by NASA and how it will be used, and wants to protect
the rights of NASA’s workers.3
On July 22, 2003, the House Committee on Science marked up the bill and
ordered it to be reported, as amended, on a 21-14 vote. During mark up, the
committee, by a 22-16 roll call vote, agreed to a manager’s amendment offered by
Representative Boehlert which removed the provision on voluntary separation
incentives (commonly referred to as buyouts), would require NASA’s workforce plan
to address reforms recommended by the Columbia Accident Investigation Board
(CAIB), and would require NASA to report any modifications to its workforce plan
to Congress and employees 60 days before implementation. Other amendments
agreed to by the committee by voice vote would establish eligibility requirements for
the science and technology scholarship program, would require that NASA’s
workforce plan include safeguards for not compromising the safety or survival of any
spacecraft or crew, would provide that certain workforce authorities authorized in the
bill would not apply to political appointees, and would express the sense of Congress
that NASA conduct a continuing program to recruit members of minority groups for
positions in the agency.
Among other amendments considered by the committee were the following.
!To remove the provision which would have increased the number of
employees that could be covered by a demonstration project. The
amendment was defeated on a 20-20 roll call vote.
!To enhance NASA’s independent safety office directing NASA to
address Space Shuttle crew escape; put a moratorium on buyouts
until the NASA Administrator certifies that critical safety skills will
not be lost; and put a moratorium on additional contracting out until
NASA has responded to Congress on the CAIB recommendations.
The amendment was ruled non-germane to the bill and the motion
to table the appeal of the ruling of the chair was adopted on a 22-19
roll call vote.
!To establish a requirement for a new strategic resource review for
the human spaceflight program. The amendment was withdrawn
after assurances from the committee chairman that the issue would
be addressed in the committee report on the bill.4
!To establish goals for NASA’s human spaceflight program. The
amendment was defeated on a 12-18 roll call vote.
3 Ibid.
4 The House Committee on Science report accompanying H.R. 1085 (H.Rept. 108-244, Part
1) “directs NASA to conduct a strategic resources review of its human space flight
programs” and “provide a report containing the results of the strategic resources review to
the House Science Committee and the Senate Commerce, Science and Transportation
Committee within one year of the enactment of this Act.” (p. 27)
!To require the National Academy of Public Administration to
conduct an independent assessment of NASA’s use of existing
workforce flexibilities. The amendment was defeated on a 9-13 roll
call vote.
!To reinstate the Minority University and Research Education
programs as a Division after it was demoted to program status by
NASA. The amendment was defeated on a 12-18 roll call vote.
!To add a new section to the bill on crew safety. The amendment was
ruled non-germane to the bill.5
H.R. 1085 was reported (H.Rept. 108-244 Part 1) on August 4, 2003. The
House Committee on Government Reform was discharged from considering the bill
the same day.
According to the Congressional Budget Office (CBO), H.R. 1085 would cost
an estimated $70 million dollars over the period FY2004 through FY2008.
Specifically, CBO estimates the cost at $5 million (FY2004), $11 million (FY2005),
$16 million (FY2006), $19 million (FY2007), and $19 million (FY2008).6
Commenting on the bill approved by the committee, the chairman,
Representative Boehlert said:
H.R. 1085 is a moderate, targeted, careful approach to enable NASA to overcome
one of its fundamental, pressing problems. In the next few months, this
Committee is going to spend a lot of time figuring out how to address a range of
issues at NASA. Here’s something we know how to do right now. It’s time to7
act.
A House Science Committee Democratic Caucus news release stated that the
Democrats opposed committee passage of H.R. 1085. The Ranking Democratic
Member, Representative Ralph Hall said:
The process by which we rushed to move this bill, and to defeat a series of
amendments that any fair observer would say could only enhance the bill,
disappointed and surprised me. I think we are doing too little, compared to what
the CAIB may recommend, too soon, since we could wait five weeks and come
5 U.S. House Science Committee Democratic Caucus, Committee Bill Fails to Deal With
Safety and Vision at NASA, July 22, 2003. Available on the Internet at
[http://www.house.gov/science_democrats/releases/03jul22.htm]. U.S. Congress, Houseth
Committee on Science, NASA Flexibility Act of 2003, report to accompany H.R. 1085, 108st
Cong., 1 sess., H.Rept. 108-244 Part 1 (Washington: GPO, 2003), pp. 219-220. Hereafter
referred to as H.Rept. 108-244 Part 1.
6 H.Rept. 108-244 Part 1, p. 29.
7 U.S. House Committee on Science, NASA Workforce Bill Approved by Committee, July 22,
back and do this with the Board report in hand. In any event, I am convinced that8
we will have to revisit all of these issues to build a safer NASA.
In the Senate, Senator George Voinovich introduced S. 610, the NASA
Workforce Flexibility Act of 2003, on March 13, 2003, and it was referred to the
Senate Committee on Governmental Affairs. The committee’s Subcommittee on
Oversight of Government Management, the Federal Workforce, and the District of
Columbia conducted a hearing on human capital at NASA on March 6, 2003. The
bill was marked-up by the full committee and ordered to be reported with an
amendment in the nature of a substitute on June 17, 2003. The amendment in the
nature of a substitute to the bill, offered by Senators Voinovich and Thomas Carper
and further modified by an amendment by Senator Richard Durbin, and agreed to by
the committee, included changes which would require NASA’s workforce plan to
discuss the CAIB’s workforce recommendations; would remove the provision which
would have lifted the cap on the number of employees who could participate in a
demonstration project at NASA; would provide that no more than 25% of the total
number of recruitment, redesignation, relocation, and retention bonuses awarded in
any year could be awarded to supervisors or management officials; and would add
language to restrict exchange assignments to individuals in scientific and technical9
positions. S. 610 was reported (S.Rept. 108-113) on July 28, 2003.
The CBO estimates that S. 610 would cost $80 million dollars over the period
FY2004 through FY2008. Specifically, CBO estimates the cost at $6 million
(FY2004), $13 million (FY2005), $18 million (FY2006), $21 million (FY2007), and
$22 million (FY2008).10 The estimate for S. 610 is higher than that for H.R. 1085
because the Senate bill, as reported, but not as passed, would have authorized an
exchange program between NASA and the private sector that is not included in the
House bill.
In the committee report accompanying S. 610, Senator Durbin expressed his
view that the provision in the bill which would authorize exchange assignments
between NASA and private sector employees “raises serious concerns about the
potential for conflicts of interest.”11 He noted Senator Voinovich’s commitment to
address such concerns and said that he was confident of making further progress on
the provision prior to consideration of the legislation by the Senate. Senator Daniel
Akaka also presented his views in the committee report, stating that, “As Congress
prepares to grant new personnel flexibilities to NASA, Congress must provide strong
8 U.S. House Science Committee Democratic Caucus, Committee Bill Fails to Deal With
Safety and Vision at NASA, July 22, 2003. Available on the Internet at
[http://www.house.gov/ science_democrats/releases/03j ul22.htm] .
9 U.S. Congress, Senate Committee on Governmental Affairs, NASA Workforce Flexibility
Act of 2003, report to accompany S. 610, 108th Cong., 1st sess., S.Rept. 108-113
(Washington: GPO, 2003).
10 Ibid., pp. 8-9.
11 Ibid., p. 11.
oversight over the agency’s operational, managerial, and safety challenges.”12
Specifically, with regard to the provision on the exchange assignments, Mr. Akaka
believes that
For the [exchange] program to be effective, there must be in place an adequate
internal management structure that is transparent and accountable.
For the proposed exchange program to work there needs to be sufficient
safeguards to make certain that the program does not result in workforce
shortfalls. NASA should not lose more employees and talent than it gains from
the private sector. As such, there should be controls over the proportion and
number of private sector and NASA employees who participate in the program.
The provision would benefit from additional safeguards to ensure that
contractors do not use the program to gain a competitive advantage in future
contracts with NASA. One way to address that concern is to institute a cooling
off period whereby contractors participating in the program would be restricted
from contracting with NASA for an appropriate period of time. Moreover, there
need to be assurances that minority owned and small businesses have the access
to participate in the exchange program.
Although S. 610 does not specifically address contract management, I believe
that with such heavy reliance on contract personnel, it is critical that there is13
effective and strong contract management at NASA.
When the Senate proceeded to the consideration of S. 610 on November 24,
2003, Senator Voinovich, for himself and Senator Carper, offered a substitute
amendment (No. 2214) that was agreed to by voice vote. The same day, the Senate
agreed to the committee amendment, as amended, and passed the bill, as amended
by voice vote and without debate. The substitute amendment dropped provisions in
S. 610, as reported, that would have authorized exchange assignments for scientific
and technical personnel between private-sector entities and NASA. It also reconciled
differences between the H.R. 1085 and S. 610 provisions on distinguished scholar
appointment authority, annual leave enhancements, and qualifications pay; and added
reporting requirements that are similar to those in H.R. 1085.
On April 29, 2003, Representative Tom Davis introduced H.R. 1836, the Civil
Service and National Security Personnel Improvement Act, and it was referred to the
House Committees on Armed Services, Government Reform, Science, and Ways and14
Means. Title III, Subtitle B of the bill includes provisions on personnel flexibilities
for NASA which are similar to those in S. 610, as introduced.15 The Government
12 Ibid., p. 13.
13 Ibid.
14 H.R. 1836 was introduced pursuant to the Department of Defense’s (DOD’s)
promulgating the proposal to transform the DOD civilian personnel system. See CRS
Report RL31954, Civil Service Reform: Analysis of the National Defense Authorization Act
for FY2004, by Barbara L. Schwemle.
15 See CRS Report RL31924, Civil Service Reform — H.R. 1836, Homeland Security Act,
(continued...)
Reform Committee conducted a hearing on H.R. 1836 on May 6, 2003. The
committee marked-up the bill and ordered it to be reported, amended, by voice vote
on May 7, 2003. H.R. 1836 was reported to the House (H.Rept. 108-116 part 1) on
May 19, 2003.16
This report compares H.R. 1085,17 as reported to the House, and S. 610, as
passed by the Senate, with current law. Both bills would create a new Chapter 98 in
Title 5 (Government Organization and Management) of the United States Code to
provide enhanced flexibilities for human resources management at NASA.18 The
side-by-side comparison follows the organization of H.R. 1085.
H.R. 1085 and S. 610 would, among other provisions, provide more
remunerative amounts of, and greater flexibility in administering, recruitment,
relocation, and retention bonuses; permit term appointments up to six years; and
authorize pay up to the Vice President’s salary (currently, $201,600 in January 2004
until enactment of the omnibus appropriations bill, then expected to be $203,000) for
critically needed scientific, technical, professional, or administrative personnel.
Unlike S. 610, H.R. 1085 would allow a personnel management demonstration
project at NASA to cover up to 8,000 employees, rather than the up to 5,000
employees permitted under current law.
Both bills (H.R. 1085, Section 9814; S. 610, Section 9813) also would allow the
Administrator of NASA to place limited term and limited emergency appointees in
career-reserved positions in the Senior Executive Service (SES). Career-reserved
positions are required by statute to be filled by career appointees and are designated
as such if placing a career appointee in the position is necessary to ensure
impartiality. As of June 30, 2002, NASA had 505 SES allocations; 330 of these were
15 (...continued)
and Current Law, by Barbara L. Schwemle and Thomas J. Nicola. The Title I (Department
of Defense National Security Personnel System), Title II (Department of Defense Civilian
Personnel), and Title IV (Human Capital Performance Fund) provisions of H.R. 1836 were
inserted in H.R. 1588, the National Defense Authorization Act for FY2004, during mark-up
of that bill and are in H.R. 1588, as passed by the House. The Title III, Subtitle A
(Securities and Exchange Commission) provisions of H.R. 1836 were included in H.R. 658
which was enacted as P.L. 108-044 on July 3, 2003.
16 U.S. Congress, House Committee on Government Reform, Civil Service and National
Security Personnel Improvement Act, report to accompany H.R. 1836, 108th Cong., 1st sess.,
H.Rept. 108-116 Part 1 (Washington: GPO, 2003).
17 As forwarded by the House Subcommittee on Space and Aeronautics to the Committee
on Science, H.R. 1085 would have authorized voluntary separation incentive payments
(VSIPs), commonly referred to as buyouts, of up to 50% of an employee’s annual rate of
basic pay for a limited number of employees. This provision is not included in H.R. 1085
as reported by the Committee on Science to the House of Representatives.
18 H.R. 1085, as introduced, would have added the chapter to Chapter 26 (National Space
Program) of Title 42 (The Public Health and Welfare), United States Code. The House
Space and Aeronautics Subcommittee amended H.R. 1085 during mark-up to add the
chapter to Title 5 (Government Organization and Management).
career-reserved positions and the remaining were general positions which may be
filled by a career, noncareer, or limited term appointees.19
If enacted, this provision would give the Administrator some additional
flexibility in filling career reserved positions, but might also be seen as an
encroachment upon the ranks of career appointments. On the one hand, it is likely
that the head of NASA could fill a career-reserved position more quickly through the
appointment of a limited appointee than through the hiring of a career appointee.
However, the exercise of this authority would reduce the number of career-reserved
positions within NASA available to career appointees. Finally, while this provision
applies only to NASA, it is possible that, should this section be enacted, other
agencies would view it as a precedent and request the same flexibility in filling
career- reserved positions.
H.R. 1085 also would permit the Administrator to appoint individuals who are
not career appointees in the SES to career-reserved positions. This provision,
however, does not use the terms “limited term appointee” or “limited emergency
appointee” to refer to an individual who would receive a temporary appointment.
Apparently, H.R. 1085 would establish another category of SES appointee, one that
is as yet unnamed and only for NASA. H.R. 1085 would be more restrictive than S.
610. Under the House bill, a career-reserved position would be vacant for someone
other than a career appointee to be appointed to it, and it would be likely that the
position would be eliminated within two years. A temporary appointment would be
allowed for only two years, with possibility of a one-year extension. The Senate bill
would provide the Administrator with broader authority, while H.R. 1085 perhaps
would address a very specific need (i.e., filling career- reserved positions that might
be eliminated within two years).
Other issues that may arise during consideration of the legislation include the
following.
!With regard to the enhanced IPA authority extending assignments by
four years instead of two years (H.R. 1085 and S. 610, 5 U.S.C.
9808): Should extensions of assignments continue to be reviewed
in two-year increments if the proposed four year extension is
adopted?
!With regard to the enhanced recruitment, relocation, and retention
bonuses (H.R. 1085 and S. 610, 5 U.S.C. 9804, 9805) and the annual
leave provisions (H.R. 1085, 5 U.S.C. 9813; S. 610, 5 U.S.C. 9812):
what is unique about NASA that would require these more generous
policies for NASA employees? According to the Office of Personnel
Management, the existing recruitment, relocation, and retention
bonus authorities are not being fully utilized by federal agencies.
How fully has NASA used these?
19 Information provided electronically to CRS by the U.S. Office of Personnel Management,
Office of Executive Resources Management, July 1, 2003.
During the March 6, 2003 Senate subcommittee hearing, Sean O’Keefe,
Administrator of NASA, testified as to the reasons NASA is seeking the enhanced
human resources management flexibilities. With regard to the various provisions of
the legislation, he said that
[t]he NASA Industry Exchange Program ... introduces a means for NASA to
engage in mutually beneficial, collaborate ventures with industry to infuse new
ideas and perspectives into the Agency, develop new skills within the workforce,
and strengthen mission capabilities. Without such authority, talented individuals
from industry remain an untapped resource for the Agency since the salaries and
benefits of the Federal sector are not competitive with the compensation
packages offered to industry’s most talented workers.
Enhancing the Intergovernmental Personnel Act authority [which allows for
exchanges between the federal government and state and local governments,
universities, and non-profits] ... will allow individuals from academia or other
institutions to continue working in support of long-term projects or programs
when the need for continuity is critical.
Enhanced recruitment, relocation, and retention bonuses [authority] .... would
base bonuses on the higher locality pay salaries, allow greater amounts when
coupled with longer service agreements, and make more flexible payment options
available ... [which] could be tailored to the situation at hand, and tie payment
of the incentive to actual performance.
The enhanced annual leave provisions are targeted particularly to mid-career
hires, who likely would give up attractive vacation packages to become first-time
Federal employees .... These flexibilities help NASA to compete with the
compensation packages available to private sector employers.
The bill’s provision to allow a limited number of term appointments to be
extended up to six years, rather than four, will enhance its usefulness by
accommodating the length of some NASA programs and projects. In addition,
the bill provides that a term employee may be converted to a permanent position
in the same line of work without further competition [provided requirements are
met] .... Ultimately, it may make the concept of term appointments more
attractive to potential applicants and thereby provide a more robust labor pool for
NASA management to consider.
In order to attract world-class talent into NASA’s most essential positions
[enhanced critical pay authority up to the Vice President’s salary is sought
which] .... will help us to compete in an enormously competitive job market.
Separation incentives (buyouts) are a valuable tool to encourage voluntary
attrition ... NASA needs the tools to encourage targeted attrition in areas in
which the need for certain skills has diminished so that it can recruit and reshape
a workforce that is aligned to current and future mission needs. [The authority
to pay a higher amount as a buyout is requested because the current amount] is
not always enough to entice highly paid NASA professionals to leave.
The [demonstration project] authority we are seeking would remove the coverage20
limit [of 5,000 employees] to allow widespread testing of new ideas.
The International Federation of Professional and Technical Engineers, AFL-CIO
(IFPTE) represents more than 8,000 NASA employees nationwide. In a June 25,
2003 letter to Representative Sherwood Boehlert, Chairman of the House Committee
on Science, IFPTE announced that the union was endorsing H.R. 1085 as amended
by the Subcommittee on Space and Aeronautics at its June 26, 2003 mark-up. Union
President Gregory J. Junemann wrote that
IFPTE is especially pleased with the rigorous notification, planning, and
monitoring portions of the bill, with the inclusion of financial incentives reserved
almost exclusively for the recruitment and retention of rank and file technical
staff. In addition, IFPTE applauds you for ensuring that the proposed Industry
Exchange Program not be included in your bill ... IFPTE believes that such a
program, in any form, would seriously compromise the agency’s independence
from the very contractors it must oversee.
The letter stated that the union “will be looking for acknowledgment of those
recommendations that come out of the final report of the Columbia Accident
Investigation Board, especially those pertaining to rectifying management problems
at NASA.”21
The American Federation of Government Employees (AFGE) represents
workers at NASA. At a March 12, 2003 House Science Committee hearing, Bobby
Harnage, National President of AFGE, testified about the union’s opposition to “most
of the human resources proposals contained in this legislation.” According to Mr.
Harnage:
Many of the proposals contemplated in this legislation have been presented
elsewhere as governmentwide changes or earlier in the form of legislation
prepared by NASA’s political leadership, and have been rejected largely on the
grounds that they undermine merit system principles, that they would exacerbate
the federal government’s “human capital” crisis, and that they would create
serious conflicts of interests between private sector interests and the public good.
In addition, they fail to address the root causes of NASA’s (and the other
executive branch agencies’) workforce problems: inadequate salaries, and22
mindless contracting out, privatization, and downsizing.
20 Statement of Sean O’Keefe, Administrator, National Aeronautics and Space
Administration, March 6, 2003. Available on the Senate Committee on Governmental
Affairs Web site at [http://govt-aff.senate.gov].
21 Letter to Representative Sherwood Boehlert from IFPTE, June 25, 2003. Provided to CRS
by IFPTE by electronic mail, June 26, 2003.
22 Statement of Bobby L. Harnage, National President, American Federation of Government
Employees, June 12, 2003. Available on the Internet at [http://www.house.gov/science/
hearings /full03/mar12/harnage.htm] .
He stated that “AFGE strongly opposes the implied policy of seeking changes
to civil service laws on an agency-by-agency basis.”23
L. Elaine Halchin contributed information on the Senior Executive Service to
the report.
23 Ibid.
Table 1. H.R. 1085 and S. 610 Compared with Current Law
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
Compensation for Certain Excepted Personnel
42 U.S.C. Chapter 26,Sec. 2, Compensation for CertainSec. 2, Compensation for Certain
Section 2473. FunctionsExcepted PersonnelExcepted Personnel
of Administration. Sec. 2(a) would amend 42 U.S.C.Same as H.R. 1085
Sec. 2473(c)(2)(A)2473(c)(2)(A) by striking GS-18 and
Authorizes theinserting EX level III.
Administrator to fix the Sec. 2(b) provides that the amendment
iki/CRS-RL31991compensation ofwould become effective on the first day of
g/wscientific, engineering,the first pay period beginning on or after
s.orand administrativethe act’s enactment date.
leakpersonnel at a rate not in
://wikiexcess of GS-18.
http Def i nitions
42 U.S.C. Chapter 26,Sec. 3, Workforce AuthoritiesSec. 3, Workforce Authorities
Section 2451. Sec. 3(a) would amend 5 U.S.C. Part Sec. 3(a) would amend 5 U.S.C. Part
CongressionalIII, Subpart I to create a new Chapter 98 inIII, Subpart I to create a new Chapter 98 in
Declaration of Policy andTitle 5 on the National Aeronautics andTitle 5 on the National Aeronautics and
Purpose.Space Administration.Space Administration.
5 U.S.C. 9801, Definitions 5 U.S.C. 9801, Definitions
National Aeronautics andAeronautics and Space Administration
Space Administration(NASA);
(defined)(2) “Administrator” means the
Administrator (defined)(3) “Critical need” means a specific and(3) “Critical need” means a specific and
important requirement of NASA’s missionimportant safety, management,
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
I, Miscellaneouslacks the appropriate employees becauseoperations requirement ... (remainder of
No similar provision;(A) of the inability to fill positions; or (B)the text is the same as H.R. 1085.)
related Title 5 sectionsemployees do not possess the requisite
are identified in theskills;
specific sections below.(4) “Employee” means an individual
employed in or under NASA;
(5) “Workforce plan” means the plan
required under the proposed new section
(6) “Appropriate committees of Congress”
iki/CRS-RL31991means the House Committees on
g/wGovernment Reform; Science; and
s.orAppropriations and the Senate Committees
leakon Governmental Affairs; Commerce,
://wikiScience, and Transportation; and
http Appropriations;
(7) “Redesignation bonus” means a bonus
paid under the proposed new Section 9804
to an individual described in section
(8) “Supervisor” has the meaning given
such term by 5 U.S.C. 7103(a)(10);
(9) “Management official” has the
meaning given such term by 5 U.S.C.
Planning, Notification, and Reporting Requirements
Authority forand reporting requirementsand reporting requirements
employment(a) Not later than 90 days before(a) Same as H.R. 1085, except that OPM
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
Employment of speciallymade available under the proposed new
qualified scientific andChapter 98, the Administrator wouldOther text is the same as H.R. 1085, except
professional personnelsubmit a written plan to the appropriateas noted.
Authorizes OPM directorcongressional committees. The plan
to establish scientific orwould be developed in consultation with
professional positionsthe Office of Personnel Management
which require services of(OPM).
specially qualified(b) The plan would include a description
personnel and which mayof
iki/CRS-RL31991be established outside the(1) each critical need of NASA and the
g/wGeneral Schedule.criteria used in its identification;
s.or(2)(A) the functions, approximate number,
leakand classes or other categories of positions
://wikior employees that (i) address critical needs
httpand (ii) would be eligible for each
authority proposed to be exercised under
the proposed new Chapter 98, and (B) how
the exercise of those authorities with
respect to the eligible positions or
employees involved would address each
critical need identified under (1);
(3)(A) any critical need identified under
(1) which would not be addressed by the
authorities made available under the
proposed new Chapter 98; 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 the
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
proposed new 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 the proposed
new Chapter 98 is carried out in a manner
consistent with merit system principles;
(6) the means by which employees will be
iki/CRS-RL31991afforded the notification required under (c)
g/wand (d)(1)(B); (7) the methods that will be
s.orused to determine if the authorities
leakexercised under the proposed new Chapter
://wiki98 have successfully addressed each
httpcritical need identified under (1); (8)(A)
the recruitment methods used by NASA
before the enactment of the proposed new
Chapter 98 to recruit highly qualified
individuals; and (B) the changes NASA
will implement after the enactment of the
proposed new Chapter 98 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; (9) any reforms to NASA’s(9) any workforce-related reforms required
workforce management practicesto resolve the findings and
recommended by the Columbia Accidentrecommendations of the Columbia
Investigation Board, the extent to whichAccident Investigation Board, ...
those recommendations were accepted,(remainder of the text is the same as H.R.
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
and, if necessary, the reasons why any of1085.)
those recommendations were not accepted;
and (10) the safeguards and other(10) No similar provision
measures that will be applied to ensure
that the proposed new Chapter 98 is
carried out in a manner that does not
compromise the safety or survival of any
spacecraft or crew thereof.
(c) Not later than 60 days before first
exercising any of the workforce authorities
iki/CRS-RL31991made available under the proposed new
g/wChapter 98, the Administrator would
s.orprovide to all employees, the workforce
leakplan and any additional information which
://wikithe Administrator considers appropriate.
http(d)(1)(A) The Administrator could from(d)(1)(A) The Administrator could from
time to time modify the workforce plan. time to time modify the workforce plan.
Not later than 60 days beforeAny modification would be submitted to
implementing any such modifications, theOPM for approval before it could be
Administrator would submit a descriptionimplemented.
of the proposed modifications to the
appropriate congressional committees. (B)
Not later than 60 days before
implementing any such modifications, the
Administrator would provide an
appropriately modified plan to all NASA
employees and to the appropriate
congressional committees.
(d)(2) Any reference in the proposed new
Chapter 98 or any other provision of law
to the workforce plan would be considered
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
to include any modification made in
accordance with (d).
(e) Before submitting any written plan(e) Same as H.R. 1085, except that any
under (a) (or modification under (d)) to thewritten plan or modification of it would be
appropriate congressional committees, thesubmitted to OPM.
Administrator would (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
iki/CRS-RL31991each representative 30 calendar days
g/w(unless extraordinary circumstances
s.orrequire earlier action) to review and make
leakrecommendations with respect to the
://wikiproposed plan (or modification); and (3)
httpgive any recommendations received from
any such representatives under (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 the proposed new Chapter
98 could be exercised in a manner
inconsistent with the workforce plan.
(g) Whenever NASA submits its
performance plan under 31 U.S.C. 1115 to
the Office of Management and Budget
(OMB) for any year, NASA would at the
same time submit a copy of the plan to the
appropriate congressional committees.
(h) Not later than six years after enactment
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
of the proposed new Chapter 98, the
Administrator would submit to the
appropriate congressional committees an
evaluation and analysis of the actions
taken by NASA under the proposed new
Chapter 98, including (1) an evaluation,
using the methods described in (b)(7), of
whether the authorities exercised under the
proposed new Chapter 98 successfully
addressed each critical need identified
iki/CRS-RL31991under (b)(1); (2) to the extent that they did
g/wnot, an explanation of the reasons why any
s.orcritical need (apart from the ones under
leak(b)(3)) was not successfully addressed; and
://wiki(3) recommendations for how NASA
httpcould address any remaining critical need
and could prevent those that have been
addressed from recurring.
(i) The budget request for NASA for the
first fiscal year beginning after enactment
of the proposed new Chapter 98 and for
each fiscal year thereafter would include a
statement of the total amount of
appropriations requested for such fiscal
year to carry out the proposed new Chapter
Restrictions
Relevant Title 5 sections 5 U.S.C. 9803, Restrictions 5 U.S.C. 9803, Restrictions
are noted in the specific(a) None of the workforce authoritiesSame as H.R. 1085, except as noted.
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
sections below.made available under the proposed new
Chapter 98 could 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 the proposed new Chapter 98 would
be subject to 5 U.S.C. 5307 (limitation on
certain payments).
iki/CRS-RL31991(c)(1) None of the workforce authorities
g/wmade available under the proposed newSections 9804, 9805, 9806, 9807, 9809,
s.orSections 9804, 9805, 9806, 9807, 9810,9812, 9813, 9814, or 9815
leak9813, 9814, 9815, or 9816 could be
://wikiexercised with respect to a political
http appointee.
(c)(2) 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 5 U.S.C. 3132(a)).
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
Recruitment, Redesignation, and Relocation Bonuses
Recruitment andredesignation, and relocation bonusesredesignation, and relocation bonuses
relocation bonuses(a) Notwithstanding 5 U.S.C. 5753, theSame as H.R. 1085, except as noted.
Authorizes bonuses of upAdministrator could pay a bonus to an
to 25% of basic payindividual, in accordance with the
(excluding locality-basedworkforce plan and subject to the
comparability payments)limitations in this section, if (1) the
and requires serviceAdministrator determines that NASA
iki/CRS-RL31991agreement.would be likely, in the absence of a bonus,
g/w5 U.S.C. 9504 -to encounter difficulty in filling a position,
s.orRecruitment, retention,and (2) the individual is (A) newly
leakrelocation incentives, andappointed as a federal employee; (B)
://wikirelocation expenses(Internal Revenuecurrently employed by the federalgovernment and newly appointed to
httpService)another position in the same geographic
Allows for IRS variationsarea; or (C) currently employed by the
from the Title 5 authorityfederal government and required to
for a 10-year period.relocate to a different geographic area to
accept a position with NASA.
(b) If the position is described as
addressing a critical need in the workforce
plan, the bonus could not exceed (1) 50%
of the employee’s annual rate of basic pay
(including locality-based comparability
payments) as of the beginning of the
service period multiplied by the service
period specified under (d)(1)(B)(i) below;
or (2) 100% of the employee’s annual rate
of basic pay (including locality-based
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
comparability payments) as of the
beginning of the service period.
(c) If the position is not described as(c) If the position is not described as
addressing a critical need in the workforceaddressing a critical need in the workforce
plan, the bonus could not exceed (1) 25%plan under the proposed new Section
of the employee’s annual rate of basic pay9802(b)(2)(A), the amount of a bonus
(including locality-based comparabilitycould not exceed 25% of the employee’s
payments) as of the beginning of theannual basic pay rate (excluding locality-
service period multiplied by the servicebased comparability payments) as of the
period specified under (d)(1)(B)(i) below;beginning of the service period.
iki/CRS-RL31991or (2) 100% of the employee’s annual rate
g/wof basic pay (including locality-based
s.orcomparability payments) as of the
leakbeginning of the service period.
://wiki(d)(1)(A) Payment of a bonus would be
httpcontingent upon the individuals entering
into a service agreement with NASA. (B)
The service agreement would, at a
minimum, include (i) the required service
period; (ii) the method of payment,
including a payment schedule, which
could 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 could be terminated before the
agreed-upon service period has been
completed, and the effect of the
termination.
(d)(2) For purposes of determinations
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
under (b)(1) and (c)(1), the employee’s
service period would be expressed as the
number equal to the full years and 12th
parts thereof, rounding the fractional part
of a month to the nearest 12th part of a
year. The service period could not be less
than six months and could not exceed four
years.
(d)(3) A bonus under this section could not
be considered to be part of an employee’s
iki/CRS-RL31991No similar provisionbasic pay.
g/w(e) Before paying a bonus, NASA would
s.orestablish a plan for paying recruitment,
leakredesignation, and relocation bonuses,
://wikisubject to OPM approval.
http(f) No more than 25% of the total amount
in bonuses awarded under (a) in any year
could be awarded to supervisors or
management officials.
Retention Bonuses
5 U.S.C. 5754 - 5 U.S.C. 9805, Retention bonuses 5 U.S.C. 9805, Retention bonuses
Retention allowances(a) Notwithstanding 5 U.S.C. 5754, theSame as H.R. 1085, except as noted.
Authorizes allowances ofAdministrator could pay a bonus to an
up to 25% of basic payemployee, in accordance with the
(excluding locality-basedworkforce plan and subject to the
comparability payments).limitations in this section, if the
5 U.S.C. 9504 -Administrator determines that (1) the
Recruitment, retention,employee’s unusually high or unique
relocation incentives, andqualifications or a special need of NASA
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
relocation expensesfor the employee’s services makes it
(Internal Revenueessential to retain the employee; and (2)
Service)the employee would be likely to leave in
Allows for IRS variationsthe absence of a retention bonus.
from the Title 5 authority(b) If the position is described as
for a 10-year period.addressing a critical need in the workforce
plan, the bonus could not exceed 50% of
the employee’s annual rate of basic pay
(including locality-based comparability
payments).
iki/CRS-RL31991(c) If the position is not described as
g/waddressing a critical need in the workforce
s.orplan, the bonus could not exceed 25% of
leakthe employee’s annual rate of basic pay
://wiki(including locality-based comparability(excluding locality-based comparability
http paym ents). paym ents)
(d)(1)(A) Payment of a bonus would be
contingent upon the employee entering
into a service agreement with NASA. (B)
The service agreement would, at a
minimum, include (i) the required service
period; (ii) the method of payment,
including a payment schedule which could
include a lump-sum payment, installment
payments, or a combination thereof; (iii)
the amount of the bonus and the basis for
calculating the amount; and (iv) the
conditions under which the agreement
could be terminated before the agreed-
upon service period has been completed,
and the effect of the termination.
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
(d)(2) The employee’s service period
would be expressed as the number equal to
the full years and 12th parts thereof,
rounding the fractional part of a month to
the nearest twelfth part of a year. The
service period could not be less than six
months and could not exceed four years.
(d)(3) Notwithstanding (1), a service
agreement would not be required if NASA
pays a bonus in biweekly installments and
iki/CRS-RL31991sets the installment payment at the full
g/wbonus percentage rate established for the
s.oremployee, with no portion of the bonus
leakdeferred. In this case, NASA would
://wikiinform the employee in writing of any
httpdecision to change the retention bonus
payments. The employee would continue
to accrue entitlement to the retention
bonus through the end of the pay period in
which such written notice is provided.
(e) A bonus under this section could not be
considered to be part of an employee’s
basic pay.
(f) An employee is not entitled to a
retention bonus under this section during a
service period previously established for
that employee under 5 U.S.C. 5753, or the
No similar provisionproposed new Section 9804.
(g) No more than 25% of the total amount
in bonuses awarded under (a) in any year
could be awarded to supervisors or
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
management officials.
Term Appointments
5 U.S.C. 3301 - Civil 5 U.S.C. 9806, Term appointments 5 U.S.C. 9806, Term appointments
Service; generally(a) The Administrator could authorize termSame as H.R. 1085.
5 U.S.C. 3302 -appointments within NASA under 5
Competitive service;U.S.C. Chapter 33, Subchapter I, for a
rulesperiod of not less than one year and not
iki/CRS-RL31991Temporary and TermEmployment(b) Notwithstanding 5 U.S.C. Chapter 33,or any other provision of law relating to
g/w
s.orAuthorizes termthe examination, certification, and
leakappointments for moreappointment of individuals in the
than one year, but notcompetitive service, the Administrator
://wikimore than four yearscould convert an employee serving under a
http(beyond four years couldterm appointment to a permanent
be authorized withappointment in the competitive service
justification) where thewithin NASA without further competition.
need for an employee’sThese conditions would apply: (1) the
services is notindividual was appointed to the term
permanent.position under open, competitive
examination under 5 U.S.C. Chapter 33,
Subchapter I; (2) the announcement for the
term appointment from which the
conversion is made stated that there was
potential for subsequent conversion to a
career-conditional or career appointment;
(3) the employee has completed at least
two years of current continuous service
under a term appointment in the
competitive service; (4) the employee’s
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
performance under the term appointment
was at least fully successful or equivalent;
and (5) the position to which such
employee is being converted under this
section is in the same occupational series,
in the same geographic location, and
provides no greater promotion potential
than the term position for which the
competitive examination was conducted.
(c) Notwithstanding 5 U.S.C. Chapter 33
iki/CRS-RL31991or any other provision of law relating to
g/wthe examination, certification, and
s.orappointment of individuals in the
leakcompetitive service, the Administrator
://wikicould convert an employee serving under a
httpterm appointment to a permanent
appointment in the competitive service
within NASA through internal competitive
promotion procedures if the conditions
under (b)(1) through (4) are met.
(d) An employee converted under this
section would become a career-conditional
employee, unless the employee has
otherwise completed the service
requirements for career tenure.
(e) An employee converted to career or
career-conditional employment under this
section would acquire competitive status
upon conversion.
Pay Authority for Critical Positions
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
5 U.S.C. 5377 - Pay 5 U.S.C. 9807, Pay authority for 5 U.S.C. 9807, Pay authority for
authority for criticalcritical positionscritical positions
positions(a) “Position” means (1) a position toSame as H.R. 1085.
Authorizes OMB towhich 5 U.S.C. Chapter 51 applies,
establish critical payincluding a Senior Executive Service
positions for positions atposition; (2) an Executive Schedule
an extremely high levelposition; (3) a position established under 5
and critical to agencyU.S.C. 3104; or (4) a senior-level position
missions; up to 800 mayto which 5 U.S.C. 5376(a)(1) applies.
be established at any(b) Authority under this section (1) could
iki/CRS-RL31991time. Compensationbe exercised only with respect to a
g/wcannot exceed Executiveposition that (A) is described as addressing
s.orSchedule level I withouta critical need in the workforce plan, and
leakthe President’s approval.(B) requires expertise of an extremely high
://wiki5 U.S.C. 9502 - Paylevel in a scientific, technical,
httpauthority for criticalprofessional, or administrative field; (2)
positions (Internalcould be exercised only to the extent
Revenue Service)necessary to recruit or retain an individual
Authorizes critical payexceptionally well qualified for the
positions. Compensationposition; and (3) could be exercised only
cannot exceed the Vicein retaining NASA employees or in
President’s salaryappointing individuals who were not
($198,600 as of Januaryemployees of another federal agency as
5 U.S.C. 9503 -(c)(1) Notwithstanding 5 U.S.C. 5377, the
Streamlined critical payAdministrator could fix the rate of basic
authority (Internalpay for a position in NASA in accordance
Revenue Service)with this section. The Administrator could
Secretary of the Treasurynot delegate this authority.
may establish critical pay(c)(2) The number of positions with pay
positions for positions atfixed under this section could not exceed
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
an extremely high level10 at any time.
and critical to the IRS(d)(1) The rate of basic pay fixed under
mission for a 10-yearthis section could not be less than the rate
period. Appointmentsof basic pay (including locality-based
are limited to four years. comparability payments) which would
Total compensationotherwise be payable for the position
cannot exceed the Viceinvolved if this section had never been
President’s salary.enacted.
(d)(2) The annual rate of basic pay fixed
under this section could not exceed the
iki/CRS-RL31991Vice President’s annual salary rate.
g/w(d)(3) Notwithstanding any provision of 5
s.orU.S.C. 5307, in the case of an employee
leakwho, during any calendar year, is receiving
://wikipay at a rate fixed under this section, no
httpallowance, differential, bonus, award, or
similar cash payment could be paid to such
employee if, or to the extent that, when
added to basic pay paid or payable to such
employee (for service performed in such
calendar year as an employee in the
executive branch or as an employee
outside the executive branch to whom 5
U.S.C. Chapter 51 applies), such payment
would cause the total to exceed the Vice
President’s annual salary.
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
Assignments of Intergovernmental Personnel
5 U.S.C. Chapter 33, 5 U.S.C. 9808, Assignments of 5 U.S.C. 9808, Assignments of
Subchapter VI -intergovernmental personnelintergovernmental personnel
Assignments to and fromFor purposes of applying the thirdSame as H.R. 1085.
States (5 U.S.C. 3371-sentence of 5 U.S.C. 3372(a) (relating to
3376)the authority of the head of a federal
5 U.S.C. 3372(a) Generalagency to extend the period of an
Provisionsemployee’s assignment to or from a state
third sentence:or local government, institution of higher
iki/CRS-RL31991However, the federaleducation, or other organization), the
g/wagency head may extendAdministrator could, with the concurrence
s.orthe period of assignmentof the employee and the government or
leakfor not more than twoorganization concerned, take any action
://wikiadditional years.which would be allowable if such sentencehad been amended by striking “two” and
httpinserting “four.”
Enhanced Demonstration Project Authority
Personnel researchdemonstration project authority
programs andWhen conducting a demonstration project
demonstration projectsat NASA, 5 U.S.C. 4703(d)(1)(A), could
5 U.S.C. 4703(d)(1)(A)be applied by substituting “8,000” for
limits size of“5,000.”
demonstration projects to
not more than 5,000
individuals.
Streamlined
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
demonstration project
authority (Internal
Revenue Service)
5 U.S.C. 4703(d) does
not apply to IRS
demonstration projects.
Science and Technology Scholarship Program
50 U.S.C. Chapter 37, 5 U.S.C. 9810, Science and 5 U.S.C. 9809, Science and technology
iki/CRS-RL31991Section 1902.Scholarship, fellowship,technology scholarship program(a)(1) The Administrator would establish ascholarship programSame as H.R. 1085, except as noted.
g/w
s.orand grant programNASA Science and Technology
leakAuthorizes the SecretaryScholarship Program to award
of Defense to carry out ascholarships to individuals that is designed
://wikiprogram for awardingto recruit and prepare students for careers
httpscholarships, fellowships,in NASA.
and grants for studies in(a)(2) Individuals would be selected to
foreign languages, areareceive scholarships through a competitive
studies,process primarily on the basis of academic
counterproliferation, andmerit, with consideration given to financial
other international fieldsneed and the goal of promoting the
related to United Statesparticipation of individuals identified in
national securitysection 33 or 34 of the Science and
interests. RecipientsEngineering Equal Opportunities Act.
agree to work in a(a)(3) To carry out the program, the
national security positionAdministrator would enter into contractual
with the government oragreements with individuals selected under
in the field of educationwhich the individuals agree to serve as
in the area of study.full-time employees of NASA, for the
period described in (f)(1) below, in
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
positions needed by NASA and for which
the individuals are qualified in exchange
for receiving a scholarship.
(b) In order to be eligible to participate in(b) In order to be eligible to participate in
the program, an individual must (1) bethe program, an individual must (1) be
enrolled or accepted for enrollment as aenrolled or accepted for enrollment as a
full-time student at an institution of higherfull-time student at an institution of higher
education, as a junior or senioreducation in an academic field or
undergraduate or graduate student, in andiscipline described in the list made
academic field or discipline described inavailable under (d);
iki/CRS-RL31991the list made available under (d) below; (2)
g/wbe a United States citizen or permanent
s.orresident; and (3) at the time of the initial
leakscholarship award, not be an employee (as
://wikidefined in 5 U.S.C. 2105).
http(c) An individual seeking a scholarship
would submit an application to the
Administrator at such time, in such
manner, and containing such information,
agreements, or assurances as the
Administrator may require.
(d) The Administrator would make
publicly available a list of academic
programs and fields of study for which
scholarships under the program could be
utilized and would update the list as
necessary.
(e)(1) The Administrator could provide a
scholarship under the program for an
academic year if the individual applying
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
for the scholarship has submitted to the
Administrator, as part of the application
required under (c), a proposed academic
program leading to a degree in a program
or field of study on the list made available
under (d).
(e)(2) An individual could not receive a
scholarship for more than four academic
years, unless the Administrator grants a
waiver.
iki/CRS-RL31991(e)(3) The dollar amount of a scholarship
g/wfor an academic year would be determined
s.orunder regulations issued by the
leakAdministrator, but would in no case
://wikiexceed the cost of attendance.
http(e)(4) A scholarship provided could be
expended for tuition, fees, and other
authorized expenses as established by the
Administrator by regulation.
(e)(5) The Administrator could enter into a
contractual agreement with an institution
of higher education under which the
amounts provided for a scholarship for
tuition, fees, and other authorized expenses
are paid directly to the institution with
respect to which the scholarship is
provided.
(f)(1) The period of service for which an(f) Same as H.R. 1085, except also
individual would be obligated to serve asprovides that under no circumstances
an employee of NASA is, except aswould the total period of obligated service
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
provided in (h)(2) below, 24 months forbe more than four years.
each academic year for which a
scholarship is provided.
(f)(2)(A) Except as provided in 2(B)
below, obligated service under (1) would
begin not later than 60 days after the
individual obtains the educational degree
for which the scholarship was provided.
(f)(2)(B) The Administrator could defer
the obligation of an individual to provide a
iki/CRS-RL31991period of service under (1) if the
g/wAdministrator determines that such a
s.ordeferral is appropriate. The Administrator
leakwould prescribe the terms and conditions
://wikiunder which a service obligation could be
httpdeferred through regulation.
(g)(1) Scholarship recipients who fail to
maintain a high level of academic
standing, as defined by the Administrator
by regulation, who are dismissed from
their educational institutions for
disciplinary reasons, or who voluntarily
terminate academic training before
graduation from the educational program
for which the scholarship was awarded,
would be in breach of their contractual
agreement and, in lieu of any service
obligation arising under such agreement,
would be liable to the United States for
repayment within 1 year after the date of
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
default of all scholarship funds paid to
them and to the institution of higher
education on their behalf under the
agreement, except as provided in (h)(2).
The repayment period could be extended
by the Administrator when determined to
be necessary, as established by regulation.
(g)(2) Scholarship recipients who, for any
reason, fail to begin or complete their
service obligation after completion of
iki/CRS-RL31991academic training, or fail to comply with
g/wthe terms and conditions of deferment
s.orestablished by the Administrator pursuant
leakto (f)(2)(B), would be in breach of their
://wikicontractual agreement. When recipients
httpbreach their agreements for the reasons
stated in the preceding sentence, the
recipient would be liable to the United
States for an amount equal to (A) the total
amount of scholarships received by such
individual; plus (B) the interest on the
amounts of such awards which would be
payable if at the time the awards were
received they were loans bearing interest
at the maximum legal prevailing rate, as
determined by the Treasurer of the United
States, multiplied by 3.
(h)(1) Any obligation of an individual
incurred under the program (or a
contractual agreement thereunder) for
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
service or payment would be canceled
upon the death of the individual.
(h)(2) The Administrator would by
regulation provide for the partial or total
waiver or suspension of any obligation of
service or payment incurred by an
individual under the program (or a
contractual agreement thereunder)
whenever compliance by the individual is
impossible or would involve extreme
iki/CRS-RL31991hardship to the individual, or if
g/wenforcement of such obligation with
s.orrespect to the individual would be contrary
leakto the best interests of the government.
://wiki(i) For purposes of this section (1) ‘cost of
httpattendance’ has the meaning given that
term in section 472 of the Higher
Education Act of 1965; (2) ‘institution of
higher education’ has the meaning given
that term in section 101(a) of the Higher
Education Act of 1965; and (3) ‘program’
means the NASA Science and Technology
Scholarship Program.
(j)(1) There is authorized to be
appropriated to NASA for the program
$10 million dollars for each fiscal year.
(j)(2) Amounts appropriated would remain
available for two fiscal years.
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
Distinguished Scholar Appointment Authority
5 U.S.C. 3104 - 5 U.S.C. 9811, Distinguished scholar 5 U.S.C. 9810, Distinguished scholar
Employment of speciallyappointment authorityappointment authority
qualified scientific and(a)(1) “Professional position” means aSame as H.R. 1085.
professional personnelposition that is classified to an
Authorizes OPM directoroccupational series identified by OPM as a
to establish scientific orposition that (A) requires education and
professional positionstraining in the principles, concepts, and
which require services oftheories of the occupation that typically
iki/CRS-RL31991specially qualifiedcan be gained only through completion of
g/wpersonnel and which maya specified curriculum at a recognized
s.orbe established outside thecollege or university; and (B) is covered
leakGeneral Schedule.by the Group Coverage Qualification
://wikiStandard for Professional and ScientificPositions; and (2) “research position”
httpmeans a position in a professional series
that primarily involves scientific inquiry or
investigation, or research-type exploratory
development of a creative or scientific
nature, where the knowledge required to
perform the work successfully is acquired
typically and primarily through graduate
study.
(b) NASA could appoint, without regard to
but subject to (c), candidates directly to
General Schedule professional,
competitive service positions in NASA for
which public notice has been given (in
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
accordance with OPM regulations), if (1)
with respect to a GS-7 position, the
individual (A) received, within two years
before the effective date of the
appointment, from an accredited
institution authorized to grant
baccalaureate degrees (BAs), a BA in a
field of study for which possession of that
degree in conjunction with academic
achievements meets the qualification
iki/CRS-RL31991standards as prescribed by OPM for the
g/wposition to which the individual is being
s.orappointed; and (B) achieved a cumulative
leakgrade point average (GPA) of 3.0 or higher
://wikion a 4.0 scale and a GPA of 3.5 or higher
httpfor courses in the field of study required to
qualify for the position; (2)-(4) with
respect to a GS-9, GS-11, GS-12 position,
the individual (A) received, within two
years before the effective date of the
appointment, from an accredited
institution authorized to grant graduate
degrees, a graduate degree in a field of
study for which possession of that degree
meets the qualification standards at this
grade level as prescribed by OPM for the
position to which the individual is being
appointed; and (B) achieved a cumulative
GPA of 3.5 or higher on a 4.0 scale in
graduate coursework in the field of study
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
required for the position.
(c) In making any selections under this
section, preference eligibles who meet the
criteria for distinguished scholar
appointments would be considered ahead
of nonpreference eligibles.
(d) An appointment made under this
authority would be a career-conditional
appointment in the competitive civil
service.
iki/CRS-RL31991
g/wTravel and Transportation Expenses of Certain New Appointees
s.or
leak5 U.S.C. Chapter 57, 5 U.S.C. 9812, Travel and 5 U.S.C. 9811, Travel and
Subchapter II - Traveltransportation expenses of certain newtransportation expenses of certain new
://wikiand transportationappointeesappointees
httpexpenses; new(a) “New Appointee” means (1) a personSame as H.R. 1085, except as noted.
appointees, studentnewly appointed or reinstated to federal
trainees, and transferredservice to NASA to (A) a career or career-(A) a career or career-conditional
employeesconditional appointment; (B) a termappointment or an excepted service
appointment; (C) an excepted serviceappointment to a continuing position;
5 U.S.C. 5724 - Travelappointment that provides for
and transportationnoncompetitive conversion to a career or
expenses of employeescareer-conditional appointment; (D) a
transferred; advancementcareer or limited term Senior Executive
of funds; reimbursementService appointment; (E) an appointment
on commuted basis; 5made under 42 U.S.C. 2473(c)(2)(A); (F)
U.S.C. 5724a -an appointment to a position established
Relocation expenses ofunder 5 U.S.C. 3104; or (G) an
employees transferred orappointment to a position established
reemployed; 5 U.S.C.under 5 U.S.C. 5108; or (2) a student
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
5724b - Taxes ontrainee who, upon completion of academic
reimbursements forwork, is converted to an appointment in
travel, transportation, andNASA that is identified in (1) in
relocation expenses ofaccordance with an appropriate authority.
employees transferred; 5(b) The Administrator could pay the travel,
U.S.C. 5724c -transportation, and relocation expenses of
Relocation servicesa new appointee to the same extent, in the
same manner, and subject to the same
conditions as the payment of such
expenses under 5 U.S.C. 5724, 5724a,
iki/CRS-RL319915724b, and 5724c to an employee
g/wtransferred in the interests of the U.S.
s.or Government.
leak
://wikiAnnual Leave Enhancements
http5 U.S.C. 6303 - Annual 5 U.S.C. 9813, Annual leave 5 U.S.C. 9812, Annual leave
leave accrualenhancementsenhancements
leave accumulationan individual who is first appointed (A) as
Only employees whoan employee of the federal government; or
have at least 15 years of(B) as an employee of the federal
service accrue one day ofgovernment following a break in service of
annual leave for each fullat least 90 days after that individual’s last
biweekly pay period.period of federal employment, other than
(i) employment under the Student
Educational Employment Program
administered by OPM; (ii) employment as
a law clerk trainee; (iii) employment under
a short-term temporary appointing
authority while a student during periods of
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
vacation from the educational institution at
which the student is enrolled; (iv)
employment under a provisional
appointment if the new appointment is
permanent and immediately follows the
provisional appointment; or (v)
employment under a temporary
appointment that is neither full-time nor
the individual’s principal employment. (2)
“period of qualified non-federal service”
iki/CRS-RL31991means any period of service performed by
g/wan individual that (A) was performed in a
s.orposition the duties of which were directly
leakrelated to the duties of the position in
://wikiNASA to which that individual will fill as
httpa newly appointed employee; and (B)
except for this section would not otherwise
be service performed by an employee for
purposes of 5 U.S.C. 6303; and (3)
“directly related to the duties of the
position” means duties and responsibilities
in the same line of work which require
similar qualifications. (b)(1) For purposes
of 5 U.S.C. 6303, the Administrator could
deem a period of qualified non-federal
service performed by a newly appointed
employee to be a period of service of equal
length performed as an employee. (2) A
decision under (1) to treat a period of
qualified non-federal service as if it were
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
service performed as an employee would
continue to apply so long as that individual
serves in or under NASA. (c)(1)
Notwithstanding 5 U.S.C. 6303(a), the
annual leave accrual rate for a NASA
employee in a position paid under 5 U.S.C.
5376 or 5383, or for an employee in an
equivalent category whose rate of basic
pay is greater than the rate payable at GS-
15, step 10, would be one day for each full
iki/CRS-RL31991biweekly pay period. (2) The accrual rate
g/westablished under this subsection would
s.orcontinue to apply to the employee so long
leakas such employee serves in or under
://wiki NAS A.
http
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
Limited Appointments to Senior Executive Service Positions
5 U.S.C. 3132. 5 U.S.C. 9814, Limited appointments 5 U.S.C. 9813, Limited appointments
Definitions andto Senior Executive Service positionsto Senior Executive Service positions
exclusionsSec. 9814 does not use the terms “limitedSec. 9813(a)(1)
(a)(8)emergency appointee” or “limited termA career appointee, or a limited emergency
A career reservedappointee.”or limited term appointee who meets
position is required to be(b) The Administrator may fill a careercertain conditions, may fill a career
filled by a careerreserved position on a temporary basis, butreserved position.
appointee.only if the position is vacant because the
iki/CRS-RL31991incumbent separated or is otherwise absent
g/wdue to illness, training, or reassignment; or
s.orif it would be difficult to fill the position in
leakany other manner due to the fact the
://wikiposition is likely to be eliminated withinthe next two years.
http
Definitions andLanguage similar to 5 U.S.C. 3132(a)(6)
exclusions
(a)(6)
A limited emergency
appointee is an individual
appointed to a
nonrenewable
appointment for a
position that was
established to meet a
bona fide, unanticipated,
urgent need. The
appointment cannot
exceed 18 months.
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
Definitions andA limited term appointee is an individual
exclusionsappointed to an SES position in NASA to
(a)(5)meet a bona fide temporary need, as
A limited term appointeedetermined by the Administrator.
is an individual
appointed to a
nonrenewable
appointment that cannot
exceed three years. The
iki/CRS-RL31991duties of the SES
g/wposition will expire at the
s.orend of the appointment.
leak
://wikiNo similar languageSec. 9814(e)Language similar to S. 610Sec. 9813(b)The number of career reserved positions
httpfilled by limited emergency or limited term
appointees may not exceed 10% of the
total number of SES positions allocated to
NASA.
Definitions and(c) A temporary appointment shall notThe Administrator may appoint an
exclusionsexceed two years.individual as a limited term appointee for
(a)(5) A limited term(d) The Administrator may grant anno more than four years to a position the
appointment cannotextension of up to one year.duties of which will expire at the end of
exceed three years.the term, or for no more than one year to a
position the duties of which are continuing.
In rare circumstances, the Administrator
may extend a limited appointment for no
more than two years or no more than one
year, respectively.
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
appointeesAn individual who was appointed to aA limited term appointee who was
A limited term or limitedcareer reserved position from a civilappointed in NASA from a career or
emergency appointeeservice position held under a career orcareer-conditional appointment outside the
who received the limitedcareer-conditional appointment shall beSES shall have reemployment rights in the
term appointmententitled, upon completion of the temporaryagency from which appointed, or in
without a break ofappointment, to be reemployed in theanother agency, under requirements and
service in the sameposition from which such individual wasconditions established by OPM. OPM
agency and whoseso appointed. Reemployment shall beshall have the authority to direct such
appointment iscarried out under such regulations thatplacement in any agency.
iki/CRS-RL31991terminated for reasonsOPM may prescribe.
g/wother than misconduct,
s.orneglect of duty, or
leakmalfeasance, is entitled
://wikito be placed in his/her
httpformer position or a
position of like status,
tenure, and grade.
Reassignment andA limited term appointee serving in an
transfer within the SeniorSES position may be reassigned to another
Executive ServiceSES position in NASA, the duties of which
A limited term appointeewill expire at the end of a term of four
may be reassigned toyears or less. A limited term appointee
another SES position inserving under a term prescribed under this
the same agency, thesection may be reassigned to another
duties of which willcontinuing SES position in NASA, except
expire at the end of athat the appointee may not serve in one or
term of three years ormore position in NASA under such
less. Appointees may notappointment in excess of one year, except
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
serve in one of morethat in rare circumstances, the
positions in the agencyAdministrator may approve an extension
under such appointmentup to an additional year.
in excess of three years.
A limited term or aA limited term appointee may not serve
limited emergencymore than seven consecutive years under
appointee may not beany combination of limited appointments.
appointed to, or continue
iki/CRS-RL31991to hold, a position under
g/wsuch an appointment if,
s.orwithin the preceding 48
leakmonths, the individual
://wikihas served more than 36months, in aggregate,
httpunder any combination of
such types of
appointment.
5 U.S.C. 3394. NoncareerSec. 9814(g)No language similar to 5 U.S.C. 3394(a) or
and limited appointmentsPrior approval of OPM is required if theH.R. 1085
(a) Each noncareer,individual to be appointed to a career
limited term, and limitedreserved position on a temporary basis is
emergency appointeecoming from outside the federal
shall meet thegovernment, held a civil service position
qualifications of thethat was other than career or career-
position to whichconditional, or is a senior executive but not
appointed, as determineda career appointee.
in writing by the
appointing authority.Sec. 9813(a)(1)(B)(ii)
(b) An individual mayLanguage similar to 5 U.S.C. 3394(b)
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
not be appointed as a
limited term or limited
emergency appointee
without prior approval of
the exercise of such
authority by OPM.
Performance awards inAn individual appointed to a careerThe Administrator may authorize
the Senior Executivereserved position on a temporary basisperformance awards to limited term
iki/CRS-RL31991Serviceshall, for purposes of performance awardsappointees in NASA in the same amounts
g/w(a) An agency may giveunder 5 U.S.C. 5384, be treated as a careerand in the same manner as career
s.orperformance awards toappointee.appointees.
leakcareer appointees.
://wikiQualifications Pay
http
5 U.S.C. 5377 - Pay 5 U.S.C. 9815, Qualifications pay 5 U.S.C. 9814, Qualifications pay
authority for critical(a) Notwithstanding 5 U.S.C. 5334, theSame as H.R. 1085.
positionsAdministrator could set the pay of an
Authorizes OMB toemployee paid under the General Schedule
establish critical payat any step within the pay range for the
positions for positions atgrade of the position, if the employee (1)
an extremely high levelpossesses unusually high or unique
and critical to agencyqualifications; and (2) is assigned (A) new
missions; up to 800 mayduties, without a change of position; or (B)
be established at anyto a new position.
time. Compensation(b) If an exercise of the authority under
cannot exceed Executivethis section relates to a current employee
Schedule level I withoutselected for another position within
the President’s approval.NASA, a determination would be made
5 U.S.C. 9502 - Paythat the employee’s contribution in the
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
authority for criticalnew position will exceed that in the former
positions (Internalposition, before setting pay under this
Revenue Service)section.
Authorizes critical pay(c) Pay as set under this section is basic
positions. Compensationpay for such purposes as pay set under 5
cannot exceed the ViceU.S.C. 5334.
President’s salary.(d) If the employee serves for at least one
5 U.S.C. 9503 -year in the position for which the pay
Streamlined critical paydetermination under this section was
authority (Internalmade, or a successor position, the pay
iki/CRS-RL31991Revenue Service)earned under such position could be used
g/wSecretary of the Treasuryin succeeding actions to set pay under 5
s.ormay establish critical payU.S.C. Chapter 53.
leakpositions for positions at(e) Before setting any employee’s pay
://wikian extremely high levelunder this section, the Administrator
httpand critical to the IRSwould submit a plan to OPM, and the
mission for a 10-yearappropriate congressional committees, that
period. Appointmentsincludes (1) criteria for approval of actions
are limited to four years. to set pay under this section; (2) the level
Total compensationof approval required to set pay under this
cannot exceed the Vicesection; (3) all types of actions and
President’s salary.positions to be covered; (4) the
relationship between the exercise of
authority under this section and the use of
other pay incentives; and (5) a process to
evaluate the effectiveness of this section.
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
Reporting Requirement
No similar provision 5 U.S.C. 9816, Reporting 5 U.S.C. 9815, Reporting requirement
requirementSame as H.R. 1085, except as noted.
The Administrator would submit to the
appropriate congressional committees, not
later than February 28 of each of the next 6
years beginning after the enactment date of
the proposed new Chapter 98, a report that
would provide the following: (1) A
iki/CRS-RL31991summary of all bonuses paid under (b)-(c)
g/wof the proposed new Section 9804 during
s.orthe preceding fiscal year. The summary
leakwould include the total amount and the
://wikitotal number of bonuses paid, thepercentage of bonuses awarded tothe percentage of the amount of bonusesawarded
httpsupervisors and management officials, and
the average percentage used to calculate
the total average bonus amount under each
of those subsections. (2) A summary of all
bonuses paid under (b)-(c) of the proposed
new section 9805 during the preceding
fiscal year. The summary would include
the total amount and the total number of
bonuses paid, the percentage of bonusesthe percentage of the amount of bonuses
awarded to supervisors and managementawarded
officials, and the average percentage used
to calculate the total average bonus
amount under each of those subsections.
(3) The total number of term appointments
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
converted during the preceding fiscal year
under the proposed new Section 9806 and,
of that total number, the number of
conversions that were made to address a
critical need described in the workforce
plan. (4) The number of positions for
which the rate of basic pay was fixed
under the proposed new Section 9807
during the preceding fiscal year, the
number of positions for which the rate of
iki/CRS-RL31991basic pay under such section was
g/wterminated during the preceding fiscal
s.oryear, and the number of times the rate of
leakbasic pay was fixed under such section to
://wikiaddress a critical need described in the
httpworkforce plan. (5) The number of
scholarships awarded under the proposed
new Section 9810 and the number of
scholarship recipients appointed by
NASA, during the preceding fiscal year.
(6) The total number of distinguished
scholar appointments made under the
proposed new Section 9811 during the
preceding fiscal year and, of that total
number, the number of appointments that
were made to address a critical need
described in the workforce plan. (7) The
average amount paid per appointee, and
the largest amount paid to any appointee,
under the proposed new Section 9812
during the preceding fiscal year for travel
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
and transportation expenses. (8) The total
number of employees who were awarded
enhanced annual leave under the proposed
new Section 9813 during the preceding
fiscal year; of that total number, the
number of employees who were serving in
a position addressing a critical need
described in the workforce plan; and, for
employees in each of the respective
groups, the average amount of additional
iki/CRS-RL31991annual leave such employees earned in the
g/wpreceding fiscal year (over and above what
s.orthey would have earned absent the
leakproposed new Section 9813). (9) The total
://wikinumber of appointments made under the
httpproposed new Section 9814 during the
preceding fiscal year, and of that total
number, the number of appointments that
were made to address a critical need
described in the workforce plan. (10) The
number of employees for whom the
Administrator set the pay under the
proposed new Section 9815 during the
preceding fiscal year and the number of
times pay was set under such section to
address a critical need described in the
workforce plan.
Current Law108th Congress Proposals
NASA Flexibility Act
U.S. CodeNASA Flexibility Act of 2003:H.R. 1085, as reportedof 2003:
S. 610, as passed by Senate
No similar provision(11) A summary of all recruitment,
relocation, redesignation, and retention
bonuses paid under authorities other than
this chapter and excluding the authorities
provided in 5 U.S.C. 5753 and 5754,
during the preceding fiscal year. The
summary would include, for each type of
bonus, the total amount and the total
number of bonuses paid, the percentage of
the amount of bonuses awarded to
iki/CRS-RL31991supervisors and management officials, and
g/wthe average percentage used to calculate
s.orthe total average bonus amount.
leak
://wikiWorkforce Diversity
httpNo similar provisionSec. 4, Workforce diversityNo similar provision
It is the sense of the Congress that
NASA should, in accordance with 5
U.S.C. 7201, conduct a continuing
program for the recruitment of members of
minority groups for positions in NASA to
carry out the policy set forth in subsection
(b) of such section in a manner designed to
eliminate underrepresentation of
minorities in the various categories of civil
service employment within the Federal
service, with special efforts directed at
recruiting in minority communities, in
educational institutions, and from other
sources from which minorities can be
recruited.
Contributing Policy Analysts
Area of ExpertiseNamePhone
Civil Service/PersonnelBarbara L. Schwemle7-8655
Flexibilities
Senior Executive ServiceL. Elaine Halchin7-0646
iki/CRS-RL31991
g/w
s.or
leak
://wiki
http