IB 
Union Calendar No. 134
108TH CONGRESS 
1ST SESSION H. R. 1085
[Report No. 108–244, Part I] 
To make certain workforce authorities available to the National Aeronautics 
and Space Administration, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 5, 2003
Mr. BOEHLERT introduced the following bill; which was referred to the Com-
mittee on Science, and in addition to the Committee on Government Re-
form, for a period to be subsequently determined by the Speaker, in each 
case for consideration of such provisions as fall within the jurisdiction of 
the committee concerned 
AUGUST 4, 2003
Additional sponsors: Mr. BISHOP of Utah, Mr. BURGESS, Mr. ROHRABACHER, 
Mr. SCHROCK, Mr. BAKER, Mr. CRAMER, Mr. WICKER, and Ms. ESHOO 
AUGUST 4, 2003
Reported from the Committee on Science with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
AUGUST 4, 2003
Referral to the Committee on Government Reform extended for a period 
ending not later than August 4, 2003
AUGUST 4, 2003
Committee on Government Reform discharged; committed to the Committee 
of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on March 5, 2003] 
A BILL 
To make certain workforce authorities available to the Na-
tional Aeronautics and Space Administration, and for 
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘NASA Flexibility Act 
of 2003’’. 
SEC. 2. COMPENSATION FOR CERTAIN EXCEPTED PER-
SONNEL. 
(a) IN
GENERAL.—Subparagraph (A) of section 
203(c)(2) of the National Aeronautics and Space Act of 
1958 (42 U.S.C. 2473(c)(2)(A)) is amended by striking ‘‘the 
highest rate of grade 18 of the General Schedule of the Clas-
sification Act of 1949, as amended,’’ and inserting ‘‘the rate 
of basic pay payable for level III of the Executive Sched-
ule,’’. 
(b) EFFECTIVE DATE.—The amendment made by this 
section shall take effect on the first day of the first pay pe-
riod beginning on or after the date of enactment of this Act.
SEC. 3. WORKFORCE AUTHORITIES. 
(a) IN GENERAL.—Subpart I of part III of title 5, 
United States Code, is amended by inserting after chapter 
97, as added by section 841(a)(2) of the Homeland Security 
Act of 2002 (Public Law 107–296; 116 Stat. 2229), the fol-
lowing:
‘‘CHAPTER 98—NATIONAL AERONAUTICS 
AND SPACE ADMINISTRATION
‘‘Sec. 
‘‘9801. Definitions. 
‘‘9802. Planning, notification, and reporting requirements. 
‘‘9803. Restrictions. 
‘‘9804. Recruitment, redesignation, and relocation bonuses. 
‘‘9805. Retention bonuses. 
‘‘9806. Term appointments. 
‘‘9807. Pay authority for critical positions. 
‘‘9808. Assignments of intergovernmental personnel. 
‘‘9809. Enhanced demonstration project authority. 
‘‘9810. Science and technology scholarship program. 
‘‘9811. Distinguished scholar appointment authority. 
‘‘9812. Travel and transportation expenses of certain new appointees. 
‘‘9813. Annual leave enhancements. 
‘‘9814. Limited appointments to Senior Executive Service positions. 
‘‘9815. Qualifications pay. 
‘‘9816. Reporting requirement.
‘‘§ 9801. Definitions 
‘‘For purposes of this chapter—
‘‘(1) the term ‘Administration’ means the Na-
tional Aeronautics and Space Administration; 
‘‘(2) the term ‘Administrator’ means the Admin-
istrator of the National Aeronautics and Space Ad-
ministration; 
‘‘(3) the term ‘critical need’ means a specific and 
important requirement of the Administration’s mis-
sion that the Administration is unable to fulfill be-
cause the Administration lacks the appropriate em-
ployees 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 re-
quired under section 9802(a); 
‘‘(6) the term ‘appropriate committees of Con-
gress’ means— 
‘‘(A) the Committees on Government Re-
form, Science, and Appropriations of the House 
of Representatives; and 
‘‘(B) the Committees on Governmental Af-
fairs, Commerce, Science, and Transportation, 
and Appropriations of the Senate; 
‘‘(7) the term ‘redesignation bonus’ means a 
bonus under section 9804 paid to an individual de-
scribed 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).
‘‘§ 9802. Planning, notification, and reporting require-
ments 
‘‘(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 appro-
priate committees of Congress. Such plan shall be developed 
in consultation with 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 para-
graph (1) which would not be addressed by the au-
thorities 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 deter-
mining which individuals may receive the benefits de-
scribed under sections 9804 and 9805 (including the 
criteria for granting bonuses in the absence of a crit-
ical 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 af-
forded 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 Ad-
ministration before the enactment of this chapter to 
recruit highly qualified individuals; and 
‘‘(B) the changes the Administration will imple-
ment after the enactment of this chapter in order to 
improve its recruitment of highly qualified individ-
uals, including how it intends to use—
‘‘(i) nongovernmental recruitment or place-
ment agencies; and
‘‘(ii) Internet technologies; 
‘‘(9) any reforms to the Administration’s work-
force management practices recommended by the Co-
lumbia Accident Investigation Board, the extent to 
which those recommendations were accepted, and, if 
necessary, the reasons why any of those recommenda-
tions were not accepted; and 
‘‘(10) the safeguards and other measures that 
will be applied to ensure that this chapter 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 made available under this chap-
ter, 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. Not later than 60 days before 
implementing any such modifications, the Administrator 
shall submit a description of the proposed modifications to 
the appropriate committees of Congress. 
‘‘(B) Not later than 60 days before implementing any 
such modifications, the Administrator shall provide an ap-
propriately modified plan to all employees of the Adminis-
tration and to the appropriate committees of Congress.
‘‘(2) Any reference in this chapter or any other provi-
sion of law to the workforce plan shall be considered to in-
clude any modification made in accordance with this sub-
section. 
‘‘(e) Before submitting any written plan under sub-
section (a) (or modification under subsection (d)) to the ap-
propriate committees of Congress, the Administrator 
shall—
‘‘(1) provide to each employee representative rep-
resenting 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 re-
spect 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 modi-
fication). 
‘‘(f) None of the workforce authorities made available 
under this chapter may be exercised in a manner incon-
sistent with the workforce plan.
‘‘(g) Whenever the Administration submits its perform-
ance 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 appro-
priate committees of Congress an evaluation and analysis 
of the actions taken by the Administration under this chap-
ter, including—
‘‘(1) an evaluation, using the methods described 
in subsection (b)(7), of whether the authorities exer-
cised under this chapter successfully addressed each 
critical need identified under subsection (b)(1); 
‘‘(2) to the extent that they did not, an expla-
nation of the reasons why any critical need (apart 
from the ones under subsection (b)(3)) was not suc-
cessfully addressed; and 
‘‘(3) recommendations for how the Administra-
tion could address any remaining critical need and 
could prevent those that have been addressed from re-
curring. 
‘‘(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. 
‘‘§ 9803. Restrictions 
‘‘(a) None of the workforce authorities made available 
under this chapter may be exercised with respect to any 
officer who is appointed by the President, by and with the 
advice and consent of the Senate.
‘‘(b) Unless specifically stated otherwise, all workforce 
authorities made available under this chapter shall be sub-
ject to section 5307. 
‘‘(c)(1) None of the workforce authorities made avail-
able under section 9804, 9805, 9806, 9807, 9810, 9813, 
9814, 9815, or 9816 may be exercised with respect to a po-
litical 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, pol-
icy-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)).
‘‘§ 9804. Recruitment, redesignation, and relocation 
bonuses 
‘‘(a) Notwithstanding section 5753, the Administrator 
may pay a bonus to an individual, in accordance with the 
workforce plan and subject to the limitations in this section, 
if— 
‘‘(1) the Administrator determines that the Ad-
ministration 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 dif-
ferent 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 speci-
fied 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—
‘‘(1) 25 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 speci-
fied 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. 
‘‘(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 in-
clude—
‘‘(i) the required service period;
‘‘(ii) the method of payment, including a pay-
ment schedule, which may include a lump-sum pay-
ment, installment payments, or a combination there-
of; 
‘‘(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 pe-
riod has been completed, and the effect of the termi-
nation. 
‘‘(2) For purposes of determinations under subsections 
(b)(1) and (c)(1), the employee’s service period shall be ex-
pressed 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 Ad-
ministration 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.
‘‘§ 9805. Retention bonuses 
‘‘(a) Notwithstanding section 5754, the Administrator 
may pay a bonus to an employee, in accordance with the 
workforce plan and subject to the limitations in this section, 
if the Administrator determines that—
‘‘(1) the unusually high or unique qualifications 
of the employee or a special need of the Administra-
tion 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 employ-
ee’s annual rate of basic pay (including comparability pay-
ments 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 (includ-
ing 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 in-
clude—
‘‘(i) the required service period; 
‘‘(ii) the method of payment, including a pay-
ment schedule, which may include a lump-sum pay-
ment, installment payments, or a combination there-
of; 
‘‘(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 pe-
riod has been completed, and the effect of the termi-
nation. 
‘‘(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 near-
est 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 agree-
ment 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 em-
ployee, 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 reten-
tion 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 estab-
lished 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. 
‘‘§ 9806. Term appointments 
‘‘(a) The Administrator may authorize term appoint-
ments 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 provi-
sion 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 com-
petitive service within the Administration without further 
competition if—
‘‘(1) such individual was appointed under open, 
competitive examination under subchapter I of chap-
ter 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 appoint-
ment in the competitive service; 
‘‘(4) the employee’s performance under such term 
appointment was at least fully successful or equiva-
lent; and 
‘‘(5) the position to which such employee is being 
converted under this section is in the same occupa-
tional 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 provi-
sion 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 com-
petitive 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 oth-
erwise completed the service requirements for career tenure. 
‘‘(e) An employee converted to career or career-condi-
tional employment under this section acquires competitive 
status upon conversion. 
‘‘§ 9807. Pay authority for critical positions 
‘‘(a) In this section, the term ‘position’ means—
‘‘(1) a position to which chapter 51 applies, in-
cluding 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 po-
sition 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 nec-
essary to recruit or retain an individual exceptionally 
well qualified for the position; and
‘‘(3) may be exercised only in retaining employ-
ees of the Administration or in appointing individ-
uals who were not employees of another Federal agen-
cy as defined under section 5102(a)(1). 
‘‘(c)(1) Notwithstanding section 5377, the Adminis-
trator may fix the rate of basic pay for a position in the 
Administration in accordance with this section. The Ad-
ministrator 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 en-
acted. 
‘‘(2) The annual rate of basic pay fixed under this sec-
tion 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 allow-
ance, 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. 
‘‘§ 9808. Assignments of intergovernmental personnel 
‘‘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’.
‘‘§ 9809. Enhanced demonstration project authority 
‘‘When conducting a demonstration project at the Ad-
ministration, section 4703(d)(1)(A) may be applied by sub-
stituting ‘8,000’ for ‘5,000’. 
‘‘§ 9810. Science and technology scholarship program 
‘‘(a)(1) The Administrator shall establish a National 
Aeronautics and Space Administration Science and Tech-
nology Scholarship Program to award scholarships to indi-
viduals that is designed to recruit and prepare students for 
careers in the Administration. 
‘‘(2) Individuals shall be selected to receive scholar-
ships under this section through a competitive process pri-
marily on the basis of academic merit, with consideration 
given to financial need and the goal of promoting the par-
ticipation of individuals identified in section 33 or 34 of 
the Science and Engineering Equal Opportunities Act. 
‘‘(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 quali-
fied, in exchange for receiving a scholarship. 
‘‘(b) In order to be eligible to participate in the Pro-
gram, an individual must—
‘‘(1) be enrolled or accepted for enrollment as a 
full-time student at an institution of higher edu-
cation, as a junior or senior undergraduate or grad-
uate student, in an academic field or discipline de-
scribed 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 infor-
mation, agreements, or assurances as the Administrator 
may require. 
‘‘(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 Adminis-
trator, 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 sec-
tion for an academic year shall be determined under regula-
tions issued by the Administrator, but shall in no case ex-
ceed 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 Administra-
tion 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), obli-
gated 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 para-
graph (1) if the Administrator determines that such a defer-
ral 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 Adminis-
trator by regulation, who are dismissed from their edu-
cational institutions for disciplinary reasons, or who volun-
tarily 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 repay-
ment within 1 year after the date of default of all scholar-
ship 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 comple-
tion of academic training, or fail to comply with the terms 
and conditions of deferment established by the Adminis-
trator 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, 
multiplied by 3. 
‘‘(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 con-
trary to the best interests of the Government. 
‘‘(i) For purposes of this section—
‘‘(1) the term ‘cost of attendance’ has the mean-
ing given that term in section 472 of the Higher Edu-
cation 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 Aer-
onautics 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 re-
main available for 2 fiscal years. 
‘‘§ 9811. Distinguished scholar appointment authority 
‘‘(a) In this section—
‘‘(1) the term ‘professional position’ means a po-
sition that is classified to an occupational series iden-
tified by the Office of Personnel Management as a po-
sition that—
‘‘(A) requires education and training in the 
principles, concepts, and theories of the occupa-
tion that typically can be gained only through 
completion of a specified curriculum at a recog-
nized college or university; and 
‘‘(B) is covered by the Group Coverage 
Qualification Standard for Professional and Sci-
entific Positions; and 
‘‘(2) the term ‘research position’ means a posi-
tion in a professional series that primarily involves 
scientific inquiry or investigation, or research-type 
exploratory development of a creative or scientific na-
ture, 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 di-
rectly 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 ef-
fective date of the appointment, from an accred-
ited institution authorized to grant bacca-
laureate 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 ap-
pointed; and 
‘‘(B) achieved a cumulative grade point av-
erage 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 ef-
fective date of the appointment, from an accred-
ited institution authorized to grant graduate de-
grees, a graduate degree in a field of study for 
which possession of that degree meets the quali-
fication standards at this grade level as pre-
scribed by the Office of Personnel Management 
for the position to which the individual is being 
appointed; and
‘‘(B) achieved a cumulative grade point av-
erage 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 ef-
fective date of the appointment, from an accred-
ited institution authorized to grant graduate de-
grees, a graduate degree in a field of study for 
which possession of that degree meets the quali-
fication standards at this grade level as pre-
scribed by the Office of Personnel Management 
for the position to which the individual is being 
appointed; and 
‘‘(B) achieved a cumulative grade point av-
erage 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 ef-
fective date of the appointment, from an accred-
ited institution authorized to grant graduate de-
grees, a graduate degree in a field of study for
which possession of that degree meets the quali-
fication standards at this grade level as pre-
scribed by the Office of Personnel Management 
for the position to which the individual is being 
appointed; and 
‘‘(B) achieved a cumulative grade point av-
erage 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, pref-
erence eligibles who meet the criteria for distinguished schol-
ar 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. 
‘‘§ 9812. Travel and transportation expenses of certain 
new appointees 
‘‘(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 appoint-
ment; 
‘‘(B) a term appointment;
‘‘(C) an excepted service appointment that 
provides for noncompetitive conversion to a ca-
reer or career-conditional appointment; 
‘‘(D) a career or limited term Senior Execu-
tive 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 estab-
lished under section 3104; or 
‘‘(G) an appointment to a position estab-
lished 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, transpor-
tation, 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. 
‘‘§ 9813. Annual leave enhancements 
‘‘(a) In this section—
‘‘(1) the term ‘newly appointed employee’ means 
an individual who is first appointed—
‘‘(A) as an employee of the Federal Govern-
ment; or 
‘‘(B) as an employee of the Federal Govern-
ment following a break in service of at least 90 
days after that individual’s last period of Fed-
eral employment, other than—
‘‘(i) employment under the Student 
Educational Employment Program admin-
istered by the Office of Personnel Manage-
ment; 
‘‘(ii) employment as a law clerk train-
ee; 
‘‘(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 per-
manent and immediately follows the provi-
sional 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 indi-
vidual will fill as a newly appointed employee; 
and 
‘‘(B) except for this section, would not oth-
erwise 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 qualifica-
tions. 
‘‘(b)(1) For purposes of section 6303, the Adminis-
trator 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 per-
formed 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 em-
ployee serves in or under the Administration. 
‘‘§ 9814. Limited appointments to Senior Executive 
Service positions 
‘‘(a) In this section, the terms ‘career reserved posi-
tion’, ‘Senior Executive Service position’, ‘senior executive’ 
and ‘career appointee’ have the meanings set forth in sec-
tion 3132(a). 
‘‘(b) Subject to succeeding provisions of this section, 
the Administrator may, notwithstanding any other provi-
sion of this title, fill a career reserved position on a tem-
porary basis, but only if—
‘‘(1) such position is vacant as a result of—
‘‘(A) the separation of the incumbent; or 
‘‘(B) the temporary absence of the incum-
bent due to illness, training, or reassignment; or
‘‘(2) such position is or would be difficult to fill 
in any other manner due to the fact that such posi-
tion is likely to be eliminated within the next 2 years. 
‘‘(c) Notwithstanding sections 3132 and 3394(b), an 
appointment made by the Administrator under subsection 
(b) shall not exceed 2 years. 
‘‘(d) The Administrator may extend an appointment 
under subsection (b) for as long as necessary to meet a con-
tingency described in subsection (b)(1), but for not to exceed 
1 year and not if the circumstance described in subsection 
(b)(2) pertains. 
‘‘(e) The number of career reserved positions filled 
under subsection (b) may not at any time exceed 10 percent 
of the total number of Senior Executive Service positions 
then authorized for the Administration under section 3133. 
‘‘(f) An individual appointed to a career reserved posi-
tion on a temporary basis under subsection (b) shall, if such 
individual was so appointed from a civil service position 
held under a career or career-conditional appointment, be 
entitled, upon completion of that temporary appointment, 
to be reemployed in the position from which such individual 
was so appointed (or an equivalent position), in accordance 
with such regulations as the Office of Personnel Manage-
ment may prescribe.
‘‘(g) An appointment to a career reserved position on 
a temporary basis under subsection (b) may not be made 
without the prior approval of the Office of Personnel Man-
agement if the individual—
‘‘(1) is to be appointed—
‘‘(A) from outside the Federal Government; 
or 
‘‘(B) from a civil service position held 
under an appointment other than a career or ca-
reer-conditional appointment; or 
‘‘(2) is a senior executive, but not a career ap-
pointee. 
‘‘(h) An individual appointed to a career reserved po-
sition on a temporary basis under subsection (b) who is 
not a career appointee shall, for purposes of performance 
awards under section 5384, be treated as a career appointee. 
‘‘§ 9815. Qualifications pay 
‘‘(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 quali-
fications; and 
‘‘(2) is assigned—
‘‘(A) new duties, without a change of posi-
tion; 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 sec-
tion, 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 cov-
ered; 
‘‘(4) the relationship between the exercise of au-
thority under this section and the use of other pay in-
centives; and 
‘‘(5) a process to evaluate the effectiveness of this 
section.
‘‘§ 9816. Reporting requirement 
‘‘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 sub-
sections (b)–(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 bonuses awarded to super-
visors and management officials, and the average per-
centage used to calculate the total average bonus 
amount, under each of those subsections. 
‘‘(2) A summary of all bonuses paid under sub-
sections (b)–(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 bonuses awarded to super-
visors and management officials, and the average per-
centage used to calculate the total average bonus 
amount, under each of those subsections. 
‘‘(3) The total number of term appointments con-
verted during the preceding fiscal year under section 
9806 and, of that total number, the number of conver-
sions that were made to address a critical need de-
scribed 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 9810 during the preceding fiscal year and the 
number of scholarship recipients appointed by the Ad-
ministration during the preceding fiscal year. 
‘‘(6) The total number of distinguished scholar 
appointments made under 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 pursuant 
to section 9802(b)(2). 
‘‘(7) The average amount paid per appointee, 
and the largest amount paid to any appointee, under 
section 9812 during the preceding fiscal year for trav-
el and transportation expenses. 
‘‘(8) The total number of employees who were 
awarded enhanced annual leave under section 9813 
during the preceding fiscal year; of that total number, 
the number of employees who were serving in a posi-
tion addressing a critical need described in the work-
force plan pursuant to section 9802(b)(2); and, for 
employees in each of those respective groups, the aver-
age amount of additional annual leave such employ-
ees earned in the preceding fiscal year (over and 
above what they would have earned absent section 
9813). 
‘‘(9) The total number of appointments made 
under section 9814 during the preceding fiscal year 
and, of that total number, the number of appoint-
ments that were made to address a critical need de-
scribed in the workforce plan pursuant to section 
9802(b)(2). 
‘‘(10) The number of employees for whom the Ad-
ministrator set the pay under 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 pursuant to section 
9802(b)(2).’’. 
(b) CLERICAL AMENDMENT.—The table of chapters for 
part III of title 5, United States Code, is amended by add-
ing at the end the following:
‘‘98. National Aeronautics and Space Administration ................................
9801’’.
SEC. 4. WORKFORCE DIVERSITY. 
It is the sense of the Congress that the National Aero-
nautics and Space Administration should, in accordance 
with section 7201 of title 5, United States Code, conduct 
a continuing program for the recruitment of members of 
minority groups for positions in the Administration to 
carry out the policy set forth in subsection (b) of such sec-
tion in a manner designed to eliminate underrepresentation 
of minorities in the various categories of civil service em-
ployment within the Federal service, with special efforts di-
rected at recruiting in minority communities, in edu-
cational institutions, and from other sources from which 
minorities can be recruited.
Union Calendar No. 134
108TH CONGRESS 
1ST SESSION 
H. R. 1085
[Report No. 108–244, Part I] 
A BILL 
To make certain workforce authorities available to 
the National Aeronautics and Space Administra-
tion, and for other purposes. 
AUGUST 4, 2003
Reported from the Committee on Science with an 
amendment 
AUGUST 4, 2003
Referral to the Committee on Government Reform ex-
tended for a period ending not later than August 4, 
2003
AUGUST 4, 2003
Committee on Government Reform discharged; com-
mitted to the Committee of the Whole House on the 
State of the Union and ordered to be printed