-CITE-
    5 USC CHAPTER 98 - NATIONAL AERONAUTICS AND SPACE
           ADMINISTRATION                                  01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart I - Miscellaneous
    CHAPTER 98 - NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

-HEAD-
        CHAPTER 98 - NATIONAL AERONAUTICS AND SPACE ADMINISTRATION    

-MISC1-
    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.                                

-End-



-CITE-
    5 USC Sec. 9801                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart I - Miscellaneous
    CHAPTER 98 - NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

-HEAD-
    Sec. 9801. Definitions

-STATUTE-
      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).

-SOURCE-
    (Added Pub. L. 108-201, Sec. 3(a), Feb. 24, 2004, 118 Stat. 461.)

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Governmental Affairs of Senate changed to Committee
    on Homeland Security and Governmental Affairs of Senate, effective
    Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth
    Congress, Oct. 9, 2004.

-End-



-CITE-
    5 USC Sec. 9802                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart I - Miscellaneous
    CHAPTER 98 - NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

-HEAD-
    Sec. 9802. Planning, notification, and reporting requirements

-STATUTE-
      (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.

-SOURCE-
    (Added Pub. L. 108-201, Sec. 3(a), Feb. 24, 2004, 118 Stat. 462.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of this chapter, referred to in subsecs.
    (h) and (i), is the date of enactment of Pub. L. 108-201, which was
    approved Feb. 24, 2004.

-End-



-CITE-
    5 USC Sec. 9803                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart I - Miscellaneous
    CHAPTER 98 - NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

-HEAD-
    Sec. 9803. Restrictions

-STATUTE-
      (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)).

-SOURCE-
    (Added Pub. L. 108-201, Sec. 3(a), Feb. 24, 2004, 118 Stat. 464.)

-End-



-CITE-
    5 USC Sec. 9804                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart I - Miscellaneous
    CHAPTER 98 - NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

-HEAD-
    Sec. 9804. Recruitment, redesignation, and relocation bonuses

-STATUTE-
      (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.

-SOURCE-
    (Added Pub. L. 108-201, Sec. 3(a), Feb. 24, 2004, 118 Stat. 464.)

-End-



-CITE-
    5 USC Sec. 9805                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart I - Miscellaneous
    CHAPTER 98 - NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

-HEAD-
    Sec. 9805. Retention bonuses

-STATUTE-
      (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 employee's
      services makes it essential to retain the employee; and
        (2) the employee would be likely to leave in the absence of a
      retention bonus.

      (b) If the position is described as addressing a critical need in
    the workforce plan under section 9802(b)(2)(A), the amount of a
    bonus may not exceed 50 percent of the employee's annual rate of
    basic pay (including comparability payments under sections 5304 and
    5304a).
      (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).
      (d)(1)(A) Payment of a bonus under this section shall be
    contingent upon the employee 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 the
      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) The employee's service period shall be expressed as the
    number equal to the full years and twelfth parts thereof, rounding
    the fractional part of a month to the nearest twelfth part of a
    year. The service period may not be less than 6 months and may not
    exceed 4 years.
      (3) Notwithstanding paragraph (1), a service agreement is not
    required if the Administration pays a bonus in biweekly
    installments and sets the installment payment at the full bonus
    percentage rate established for the employee, with no portion of
    the bonus deferred. In this case, the Administration shall inform
    the employee in writing of any decision to change the retention
    bonus payments. The employee shall 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 may not be considered to be part
    of the basic pay of an employee.
      (f) An employee is not entitled to a retention bonus under this
    section during a service period previously established for that
    employee under section 5753 or under section 9804.
      (g) 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.

-SOURCE-
    (Added Pub. L. 108-201, Sec. 3(a), Feb. 24, 2004, 118 Stat. 465.)

-End-



-CITE-
    5 USC Sec. 9806                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart I - Miscellaneous
    CHAPTER 98 - NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

-HEAD-
    Sec. 9806. Term appointments

-STATUTE-
      (a) The Administrator may authorize term appointments within the
    Administration under subchapter I of chapter 33, for a period of
    not less than 1 year and not more than 6 years.
      (b) Notwithstanding chapter 33 or any other provision of law
    relating to the examination, certification, and appointment of
    individuals in the competitive service, the Administrator may
    convert an employee serving under a term appointment to a permanent
    appointment in the competitive service within the Administration
    without further competition if - 
        (1) such individual was appointed under open, competitive
      examination under subchapter I of chapter 33 to the term
      position;
        (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 2 years of current
      continuous service under a term appointment in the competitive
      service;
        (4) the employee's performance under such 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, is in the
      same geographic location, and provides no greater promotion
      potential than the term position for which the competitive
      examination was conducted.

      (c) Notwithstanding chapter 33 or any other provision of law
    relating to the examination, certification, and appointment of
    individuals in the competitive service, the Administrator may
    convert an employee serving under a term appointment to a permanent
    appointment in the competitive service within the Administration
    through internal competitive promotion procedures if the conditions
    under paragraphs (1) through (4) of subsection (b) are met.
      (d) An employee converted under this section becomes 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 acquires competitive status upon
    conversion.

-SOURCE-
    (Added Pub. L. 108-201, Sec. 3(a), Feb. 24, 2004, 118 Stat. 466.)

-End-



-CITE-
    5 USC Sec. 9807                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart I - Miscellaneous
    CHAPTER 98 - NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

-HEAD-
    Sec. 9807. Pay authority for critical positions

-STATUTE-
      (a) In this section, the term "position" means - 
        (1) a position to which chapter 51 applies, including a
      position in the Senior Executive Service;
        (2) a position under the Executive Schedule under sections 5312
      through 5317;
        (3) a position established under section 3104; or
        (4) a senior-level position to which section 5376(a)(1)
      applies.

      (b) Authority under this section - 
        (1) may be exercised only with respect to a position that - 
          (A) is described as addressing a critical need in the
        workforce plan under section 9802(b)(2)(A); and
          (B) requires expertise of an extremely high level in a
        scientific, technical, professional, or administrative field;

        (2) may be exercised only to the extent necessary to recruit or
      retain an individual exceptionally well qualified for the
      position; and
        (3) may be exercised only in retaining employees of the
      Administration or in appointing individuals who were not
      employees of another Federal agency as defined under section
      5102(a)(1).

      (c)(1) Notwithstanding section 5377, the Administrator may fix
    the rate of basic pay for a position in the Administration in
    accordance with this section. The Administrator may not delegate
    this authority.
      (2) The number of positions with pay fixed under this section may
    not exceed 10 at any time.
      (d)(1) The rate of basic pay fixed under this section may not be
    less than the rate of basic pay (including any comparability
    payments) which would otherwise be payable for the position
    involved if this section had never been enacted.
      (2) The annual rate of basic pay fixed under this section may not
    exceed the per annum rate of salary payable under section 104 of
    title 3.
      (3) Notwithstanding any provision of section 5307, in the case of
    an employee who, during any calendar year, is receiving pay at a
    rate fixed under this section, no allowance, differential, bonus,
    award, or similar cash payment may 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 chapter 51 applies), such payment would
    cause the total to exceed the per annum rate of salary which, as of
    the end of such calendar year, is payable under section 104 of
    title 3.

-SOURCE-
    (Added Pub. L. 108-201, Sec. 3(a), Feb. 24, 2004, 118 Stat. 467.)

-End-



-CITE-
    5 USC Sec. 9808                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart I - Miscellaneous
    CHAPTER 98 - NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

-HEAD-
    Sec. 9808. Assignments of intergovernmental personnel

-STATUTE-
      For purposes of applying the third sentence of section 3372(a)
    (relating to the authority of the head of a Federal agency to
    extend the period of an employee's assignment to or from a State or
    local government, institution of higher education, or other
    organization), the Administrator may, with the concurrence of the
    employee and the government or organization concerned, take any
    action which would be allowable if such sentence had been amended
    by striking "two" and inserting "four".

-SOURCE-
    (Added Pub. L. 108-201, Sec. 3(a), Feb. 24, 2004, 118 Stat. 468.)

-End-



-CITE-
    5 USC Sec. 9809                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart I - Miscellaneous
    CHAPTER 98 - NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

-HEAD-
    Sec. 9809. Science and technology scholarship program

-STATUTE-
      (a)(1) The Administrator shall establish a National Aeronautics
    and Space Administration Science and Technology Scholarship Program
    to award scholarships to individuals that is designed to recruit
    and prepare students for careers in the Administration.
      (2) Individuals shall be selected to receive scholarships under
    this section through a competitive process primarily on the basis
    of academic merit, with consideration given to financial need and
    the goal of promoting the participation of individuals identified
    in section 33 or 34 of the Science and Engineering Equal
    Opportunities Act (42 U.S.C. 1885a or 1885b).
      (3) To carry out the Program the Administrator shall enter into
    contractual agreements with individuals selected under paragraph
    (2) under which the individuals agree to serve as full-time
    employees of the Administration, for the period described in
    subsection (f)(1), in positions needed by the Administration and
    for which the individuals are qualified, in exchange for receiving
    a scholarship.
      (b) In order to be eligible to participate in the Program, an
    individual must - 
        (1) be enrolled or accepted for enrollment as a full-time
      student at an institution of higher education in an academic
      field or discipline described in the list made available under
      subsection (d);
        (2) be a United States citizen or permanent resident; and
        (3) at the time of the initial scholarship award, not be an
      employee (as defined in section 2105).

      (c) An individual seeking a scholarship under this section shall
    submit an application to the Administrator at such time, in such
    manner, and containing such information, agreements, or assurances
    as the Administrator may require to carry out this section.
      (d) The Administrator shall make publicly available a list of
    academic programs and fields of study for which scholarships under
    the Program may be utilized and shall update the list as necessary.
      (e)(1) The Administrator may provide a scholarship under the
    Program for an academic year if the individual applying for the
    scholarship has submitted to the Administrator, as part of the
    application required under subsection (c), a proposed academic
    program leading to a degree in a program or field of study on the
    list made available under subsection (d).
      (2) An individual may not receive a scholarship under this
    section for more than 4 academic years, unless the Administrator
    grants a waiver.
      (3) The dollar amount of a scholarship under this section for an
    academic year shall be determined under regulations issued by the
    Administrator, but shall in no case exceed the cost of attendance.
      (4) A scholarship provided under this section may be expended for
    tuition, fees, and other authorized expenses as established by the
    Administrator by regulation.
      (5) The Administrator may enter into a contractual agreement with
    an institution of higher education under which the amounts provided
    for a scholarship under this section 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 individual shall be
    obligated to serve as an employee of the Administration is, except
    as provided in subsection (h)(2), 24 months for each academic year
    for which a scholarship under this section is provided.
      (2)(A) Except as provided in subparagraph (B), obligated service
    under paragraph (1) shall begin not later than 60 days after the
    individual obtains the educational degree for which the scholarship
    was provided.
      (B) The Administrator may defer the obligation of an individual
    to provide a period of service under paragraph (1) if the
    Administrator determines that such a deferral is appropriate. The
    Administrator shall prescribe the terms and conditions under which
    a service obligation may be deferred 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, shall be in breach of their
    contractual agreement and, in lieu of any service obligation
    arising under such agreement, shall be liable to the United States
    for repayment within 1 year after the date of 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 subsection (h)(2). The repayment period may be extended by the
    Administrator when determined to be necessary, as established by
    regulation.
      (2) Scholarship recipients who, for any reason, fail to begin or
    complete their service obligation after completion of academic
    training, or fail to comply with the terms and conditions of
    deferment established by the Administrator pursuant to subsection
    (f)(2)(B), shall be in breach of their contractual agreement. When
    recipients breach their agreements for the reasons stated in the
    preceding sentence, the recipient shall be liable to the United
    States for an amount equal to - 
        (A) the total amount of scholarships received by such
      individual under this section; 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.

      (h)(1) Any obligation of an individual incurred under the Program
    (or a contractual agreement thereunder) for service or payment
    shall be canceled upon the death of the individual.
      (2) The Administrator shall 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 hardship to the
    individual, or if enforcement of such obligation with respect to
    the individual would be contrary to the best interests of the
    Government.
      (i) For purposes of this section - 
        (1) the term "cost of attendance" has the meaning given that
      term in section 472 of the Higher Education Act of 1965;
        (2) the term "institution of higher education" has the meaning
      given that term in section 101(a) of the Higher Education Act of
      1965; and
        (3) the term "Program" means the National Aeronautics and Space
      Administration Science and Technology Scholarship Program
      established under this section.

      (j)(1) There is authorized to be appropriated to the
    Administration for the Program $10,000,000 for each fiscal year.
      (2) Amounts appropriated under this section shall remain
    available for 2 fiscal years.

-SOURCE-
    (Added Pub. L. 108-201, Sec. 3(a), Feb. 24, 2004, 118 Stat. 468;
    amended Pub. L. 109-155, title VII, Sec. 703(a), Dec. 30, 2005, 119
    Stat. 2936.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 101(a) and 472 of the Higher Education Act of 1965,
    referred to in subsec. (i), are classified to sections 1001(a) and
    1087ll, respectively, of Title 20, Education.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a)(2). Pub. L. 109-155, Sec. 703(a)(1),
    substituted "Act (42 U.S.C. 1885a or 1885b)." for "Act."
      Subsec. (c). Pub. L. 109-155, Sec. 703(a)(2), substituted
    "require to carry out this section." for "require."
      Subsec. (f)(1). Pub. L. 109-155, Sec. 703(a)(3), struck out at
    end "Under no circumstances shall the total period of obligated
    service be more than 4 years."
      Subsec. (g)(2). Pub. L. 109-155, Sec. 703(a)(4), substituted a
    period for a comma at end of subpar. (B) and struck out concluding
    provisions which read: "multiplied by 3."

-End-



-CITE-
    5 USC Sec. 9810                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart I - Miscellaneous
    CHAPTER 98 - NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

-HEAD-
    Sec. 9810. Distinguished scholar appointment authority

-STATUTE-
      (a) In this section - 
        (1) the term "professional position" means a position that is
      classified to an occupational series identified by the Office of
      Personnel Management as a position that - 
          (A) requires education and training in the principles,
        concepts, and theories of the occupation that typically can be
        gained only through completion of a specified curriculum at a
        recognized college or university; and
          (B) is covered by the Group Coverage Qualification Standard
        for Professional and Scientific Positions; and

        (2) the term "research position" means 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) The Administration may appoint, without regard to the
    provisions of section 3304(b) and sections 3309 through 3318, but
    subject to subsection (c), candidates directly to General Schedule
    professional, competitive service positions in the Administration
    for which public notice has been given (in accordance with
    regulations of the Office of Personnel Management), if - 
        (1) with respect to a position at the GS-7 level, the
      individual - 
          (A) received, within 2 years before the effective date of the
        appointment, from an accredited institution authorized to grant
        baccalaureate degrees, a baccalaureate degree in a field of
        study for which possession of that degree in conjunction with
        academic achievements meets the qualification standards as
        prescribed by the Office of Personnel Management for the
        position to which the individual is being appointed; and
          (B) achieved a cumulative grade point average of 3.0 or
        higher on a 4.0 scale and a grade point average of 3.5 or
        higher for courses in the field of study required to qualify
        for the position;

        (2) with respect to a position at the GS-9 level, the
      individual - 
          (A) received, within 2 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 the Office of
        Personnel Management for the position to which the individual
        is being appointed; and
          (B) achieved a cumulative grade point average of 3.5 or
        higher on a 4.0 scale in graduate coursework in the field of
        study required for the position;

        (3) with respect to a position at the GS-11 level, the
      individual - 
          (A) received, within 2 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 the Office of
        Personnel Management for the position to which the individual
        is being appointed; and
          (B) achieved a cumulative grade point average of 3.5 or
        higher on a 4.0 scale in graduate coursework in the field of
        study required for the position; or

        (4) with respect to a research position at the GS-12 level, the
      individual - 
          (A) received, within 2 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 the Office of
        Personnel Management for the position to which the individual
        is being appointed; and
          (B) achieved a cumulative grade point average of 3.5 or
        higher on a 4.0 scale in graduate coursework in the field of
        study required for the position.

      (c) In making any selections under this section, preference
    eligibles who meet the criteria for distinguished scholar
    appointments shall be considered ahead of nonpreference eligibles.
      (d) An appointment made under this authority shall be a career-
    conditional appointment in the competitive civil service.

-SOURCE-
    (Added Pub. L. 108-201, Sec. 3(a), Feb. 24, 2004, 118 Stat. 470.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The General Schedule, referred to in subsec. (b), is set out
    under section 5332 of this title.

-End-



-CITE-
    5 USC Sec. 9811                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart I - Miscellaneous
    CHAPTER 98 - NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

-HEAD-
    Sec. 9811. Travel and transportation expenses of certain new
      appointees

-STATUTE-
      (a) In this section, the term "new appointee" means - 
        (1) a person newly appointed or reinstated to Federal service
      to the Administration to - 
          (A) a career or career-conditional appointment or an excepted
        service appointment to a continuing position;
          (B) a term appointment;
          (C) an excepted service appointment that provides for
        noncompetitive conversion to a career or career-conditional
        appointment;
          (D) a career or limited term Senior Executive Service
        appointment;
          (E) an appointment made under section 203(c)(2)(A) of the
        National Aeronautics and Space Act of 1958 (42 U.S.C.
        2473(c)(2)(A));
          (F) an appointment to a position established under section
        3104; or
          (G) an appointment to a position established under section
        5108; or

        (2) a student trainee who, upon completion of academic work, is
      converted to an appointment in the Administration that is
      identified in paragraph (1) in accordance with an appropriate
      authority.

      (b) The Administrator may pay the travel, transportation, and
    relocation expenses of a new appointee to the same extent, in the
    same manner, and subject to the same conditions as the payment of
    such expenses under sections 5724, 5724a, 5724b, and 5724c to an
    employee transferred in the interests of the United States
    Government.

-SOURCE-
    (Added Pub. L. 108-201, Sec. 3(a), Feb. 24, 2004, 118 Stat. 472.)

-End-



-CITE-
    5 USC Sec. 9812                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart I - Miscellaneous
    CHAPTER 98 - NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

-HEAD-
    Sec. 9812. Annual leave enhancements

-STATUTE-
      (a) In this section - 
        (1) the term "newly appointed employee" means an individual who
      is first appointed - 
          (A) as an employee of the Federal Government; or
          (B) as an employee of the Federal Government following a
        break in service of at least 90 days after that individual's
        last period of Federal employment, other than - 
            (i) employment under the Student Educational Employment
          Program administered by the Office of Personnel Management;
            (ii) employment as a law clerk trainee;
            (iii) employment under a short-term temporary appointing
          authority while a student during periods of 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 principal employment of the
          individual;

        (2) the term "period of qualified non-Federal service" means
      any period of service performed by an individual that - 
          (A) was performed in a position the duties of which were
        directly related to the duties of the position in the
        Administration which that individual will fill as a newly
        appointed employee; and
          (B) except for this section, would not otherwise be service
        performed by an employee for purposes of section 6303; and

        (3) the term "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 section 6303, the Administrator may 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 paragraph (1) to treat a period of qualified
    non-Federal service as if it were service performed as an employee
    shall continue to apply so long as that individual serves in or
    under the Administration.
      (c)(1) Notwithstanding section 6303(a), the annual leave accrual
    rate for an employee of the Administration in a position paid under
    section 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, shall be 1 day for each full biweekly pay period.
      (2) The accrual rate established under this subsection shall
    continue to apply to the employee so long as such employee serves
    in or under the Administration.

-SOURCE-
    (Added Pub. L. 108-201, Sec. 3(a), Feb. 24, 2004, 118 Stat. 472.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      GS-15, referred to in subsec. (c)(1), is contained in the General
    Schedule, which is set out under section 5332 of this title.

-End-



-CITE-
    5 USC Sec. 9813                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart I - Miscellaneous
    CHAPTER 98 - NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

-HEAD-
    Sec. 9813. Limited appointments to Senior Executive Service
      positions

-STATUTE-
      (a) In this section - 
        (1) the term "career reserved position" means a position in the
      Administration designated under section 3132(b) which may be
      filled only by - 
          (A) a career appointee; or
          (B) a limited emergency appointee or a limited term appointee
        - 
            (i) who, immediately before entering the career reserved
          position, was serving under a career or career-conditional
          appointment outside the Senior Executive Service; or
            (ii) whose limited emergency or limited term appointment is
          approved in advance by the Office of Personnel Management;

        (2) the term "limited emergency appointee" has the meaning
      given under section 3132; and
        (3) the term "limited term appointee" means an individual
      appointed to a Senior Executive Service position in the
      Administration to meet a bona fide temporary need, as determined
      by the Administrator.

      (b) The number of career reserved positions which are filled by
    an appointee as described under subsection (a)(1)(B) may not exceed
    10 percent of the total number of Senior Executive Service
    positions allocated to the Administration.
      (c) Notwithstanding sections 3132 and 3394(b) - 
        (1) the Administrator may appoint an individual to any Senior
      Executive Service position in the Administration as a limited
      term appointee under this section for a period of - 
          (A) 4 years or less to a position the duties of which will
        expire at the end of such term; or
          (B) 1 year or less to a position the duties of which are
        continuing; and

        (2) in rare circumstances, the Administrator may authorize an
      extension of a limited appointment under - 
          (A) paragraph (1)(A) for a period not to exceed 2 years; and
          (B) paragraph (1)(B) for a period not to exceed 1 year.

      (d) A limited term appointee who has been appointed in the
    Administration from a career or career-conditional appointment
    outside the Senior Executive Service shall have reemployment rights
    in the agency from which appointed, or in another agency, under
    requirements and conditions established by the Office of Personnel
    Management. The Office shall have the authority to direct such
    placement in any agency.
      (e) Notwithstanding section 3394(b) and section 3395 - 
        (1) a limited term appointee serving under a term prescribed
      under this section may be reassigned to another Senior Executive
      Service position in the Administration, the duties of which will
      expire at the end of a term of 4 years or less; and
        (2) a limited term appointee serving under a term prescribed
      under this section may be reassigned to another continuing Senior
      Executive Service position in the Administration, except that the
      appointee may not serve in 1 or more positions in the
      Administration under such appointment in excess of 1 year, except
      that in rare circumstances, the Administrator may approve an
      extension up to an additional 1 year.

      (f) A limited term appointee may not serve more than 7
    consecutive years under any combination of limited appointments.
      (g) Notwithstanding section 5384, the Administrator may authorize
    performance awards to limited term appointees in the Administration
    in the same amounts and in the same manner as career appointees.

-SOURCE-
    (Added Pub. L. 108-201, Sec. 3(a), Feb. 24, 2004, 118 Stat. 473.)

-End-



-CITE-
    5 USC Sec. 9814                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart I - Miscellaneous
    CHAPTER 98 - NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

-HEAD-
    Sec. 9814. Qualifications pay

-STATUTE-
      (a) Notwithstanding section 5334, the Administrator may set the
    pay of an employee paid under the General Schedule at any step
    within the pay range for the grade of the position, if such
    employee - 
        (1) possesses unusually high or unique qualifications; and
        (2) is assigned - 
          (A) new duties, without a change of position; or
          (B) to a new position.

      (b) If an exercise of the authority under this section relates to
    a current employee selected for another position within the
    Administration, a determination shall be made that the employee's
    contribution in the new position will exceed that in the former
    position, before setting pay under this section.
      (c) Pay as set under this section is basic pay for such purposes
    as pay set under section 5334.
      (d) If the employee serves for at least 1 year in the position
    for which the pay determination under this section was made, or a
    successor position, the pay earned under such position may be used
    in succeeding actions to set pay under chapter 53.
      (e) Before setting any employee's pay under this section, the
    Administrator shall submit a plan to the Office of Personnel
    Management and the appropriate committees of Congress, that
    includes - 
        (1) criteria for approval of actions to set pay under this
      section;
        (2) the level of approval required to set pay under this
      section;
        (3) all types of actions and 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.

-SOURCE-
    (Added Pub. L. 108-201, Sec. 3(a), Feb. 24, 2004, 118 Stat. 474.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The General Schedule, referred to in subsec. (a), is set out
    under section 5332 of this title.

-End-



-CITE-
    5 USC Sec. 9815                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart I - Miscellaneous
    CHAPTER 98 - NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

-HEAD-
    Sec. 9815. Reporting requirement

-STATUTE-
      The Administrator shall submit to the appropriate committees of
    Congress, not later than February 28 of each of the next 6 years
    beginning after the date of enactment of this chapter, a report
    that provides the following:
        (1) A summary of all bonuses paid under subsections (b) and (c)
      of section 9804 during the preceding fiscal year. Such summary
      shall include the total amount of bonuses paid, the total number
      of bonuses paid, the percentage of the amount of bonuses awarded
      to supervisors 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 subsections (b) and (c)
      of section 9805 during the preceding fiscal year. Such summary
      shall include the total amount of bonuses paid, the total number
      of bonuses paid, the percentage of the amount of bonuses awarded
      to supervisors and management 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 converted during the
      preceding fiscal year under section 9806 and, of that total
      number, the number of conversions that were made to address a
      critical need described in the workforce plan pursuant to section
      9802(b)(2).
        (4) The number of positions for which the rate of basic pay was
      fixed under section 9807 during the preceding fiscal year, the
      number of positions for which the rate of basic pay under such
      section was terminated during the preceding fiscal year, and the
      number of times the rate of basic pay was fixed under such
      section to address a critical need described in the workforce
      plan pursuant to section 9802(b)(2).
        (5) The number of scholarships awarded under section 9809
      during the preceding fiscal year and the number of scholarship
      recipients appointed by the Administration during the preceding
      fiscal year.
        (6) The total number of distinguished scholar appointments made
      under section 9810 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 pursuant
      to section 9802(b)(2).
        (7) The average amount paid per appointee, and the largest
      amount paid to any appointee, under section 9811 during the
      preceding fiscal year for travel and transportation expenses.
        (8) The total number of employees who were awarded enhanced
      annual leave under section 9812 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 pursuant to section 9802(b)(2); and, for employees in each
      of those respective groups, the average amount of additional
      annual leave such employees earned in the preceding fiscal year
      (over and above what they would have earned absent section 9812).
        (9) The total number of appointments made under section 9813
      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 pursuant to section 9802(b)(2).
        (10) The number of employees for whom the Administrator set the
      pay under section 9814 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 pursuant to section
      9802(b)(2).
        (11) A summary of all recruitment, relocation, redesignation,
      and retention bonuses paid under authorities other than this
      chapter and excluding the authorities provided in sections 5753
      and 5754 of this title, during the preceding fiscal year. Such
      summary shall include, for each type of bonus, the total amount
      of bonuses paid, the total number of bonuses paid, the percentage
      of the amount of bonuses awarded to supervisors and management
      officials, and the average percentage used to calculate the total
      average bonus amount.

-SOURCE-
    (Added Pub. L. 108-201, Sec. 3(a), Feb. 24, 2004, 118 Stat. 475.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of this chapter, referred to in
    introductory provisions, is the date of enactment of Pub. L. 108-
    201, which was approved Feb. 24, 2004.

-End-