I 
108TH CONGRESS 
1ST SESSION H. R. 1085
To make certain workforce authorities available to the National Aeronautics 
and Space Administration, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 5, 2003
Mr. BOEHLERT introduced the following bill; which was referred to the 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 
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 Classification Act of 1949, as amended,’’ and inserting 
‘‘the rate of basic pay payable for level III of the Executive 
Schedule,’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall take effect on the first day of the first 
pay period beginning on or after the date of enactment 
of this Act. 
SEC. 3. WORKFORCE AUTHORITIES. 
The National Aeronautics and Space Act of 1958 (42 
U.S.C. 2451 and following) is amended by adding at the 
end the following: 
‘‘TITLE V—WORKFORCE AUTHORITIES 
‘‘DEFINITIONS 
‘‘SEC. 501. For purposes of this title—
‘‘(1) the term ‘employee’ means an individual 
employed in or under the Administration; 
‘‘(2) the term ‘appropriate committees of Con-
gress’ means—
‘‘(A) the Committee on Science and the 
Committee on Appropriations of the House of 
Representatives; and 
‘‘(B) 
the 
Committee 
on 
Commerce, 
Science, and Transportation and the Committee 
on Appropriations of the Senate; 
‘‘(3) the term ‘critical need’ means a specific 
and important requirement of the Administration’s 
mission that the Administration is unable to fulfill 
because the Administration lacks the appropriate 
employees either because of the inability to fill posi-
tions or because employees do not possess the req-
uisite skills; 
‘‘(4) the term ‘Workforce Plan’ means the plan 
required under section 502(a); and 
‘‘(5) the term ‘redesignation bonus’ means a 
bonus under section 504 paid to an individual de-
scribed in subsection (a)(2) thereof. 
‘‘PLANNING, NOTIFICATION, AND REPORTING 
REQUIREMENTS 
‘‘SEC. 502. (a) Not later than 90 days before first 
exercising any of the workforce authorities made available 
by this title, the Administrator shall submit to the appro-
priate committees of Congress a written plan, which shall 
include a description of—
‘‘(1) each critical need of the Administration 
and the criteria used in its identification; 
‘‘(2) the functions, approximate number, and 
classes or other categories of positions or employees 
that address critical needs and that would be eligible 
for each authority proposed to be exercised under 
section 503, and how the exercise of those authori-
ties with respect to the eligible positions or employ-
ees involved would address each critical need identi-
fied under paragraph (1); 
‘‘(3) any critical need identified under para-
graph (1) which would not be addressed by the au-
thorities made available by section 503, and the rea-
sons why those needs would not be so addressed; 
‘‘(4) the specific criteria to be used in deter-
mining which individuals may receive the benefits 
described in sections 504, 505, and 506 (including, 
in the case of sections 504 and 505, the criteria for 
granting bonuses in the absence of a critical need), 
and how the level of those benefits will be deter-
mined; 
‘‘(5) the safeguards or other measures that will 
be applied to ensure that this title is carried out in 
a manner consistent with merit system principles;
‘‘(6) the means by which employees will be af-
forded the notification required under subsection (b) 
and the third sentence of subsection (c)(1), respec-
tively; and 
‘‘(7) the methods that will be used to determine 
if the authorities exercised under section 503 have 
successfully addressed each critical need identified 
under paragraph (1). 
‘‘(b) Not later than 60 days before first exercising 
any of the workforce authorities made available by this 
title, the Administrator shall provide to all employees the 
Workforce Plan, along with any additional information 
which the Administrator considers appropriate. 
‘‘(c)(1) The Administrator may from time to time 
modify the Workforce Plan. Not later than 90 days before 
implementing any such modifications, the Administrator 
shall submit a description of the proposed modifications 
to the appropriate committees of Congress. Not later than 
60 days before implementing any such modifications, the 
Administrator shall provide an appropriately modified 
plan to all employees of the Administration. 
‘‘(2) Any reference in this title or any other provision 
of law to the Workforce Plan shall be considered to include 
any modification made in accordance with this subsection.
‘‘(d) None of the workforce authorities made available 
by section 503 may be exercised in a manner inconsistent 
with the Workforce Plan. 
‘‘(e) Not later than 6 years after the date of enact-
ment of this title, the Administrator shall submit to the 
appropriate committees of Congress an evaluation and 
analysis of the actions taken by the Administration under 
this title, including—
‘‘(1) an evaluation, using the methods described 
in subsection (a)(7), of whether the authorities exer-
cised under section 503 successfully addressed each 
critical need identified under subsection (a)(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 (a)(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 
recurring. 
‘‘(f) Whenever the Administration submits its per-
formance plan under section 1115 of title 31, United 
States Code, to the Office of Management and Budget for 
any year, the Administration shall at the same time sub-
mit a copy of such plan to the appropriate committees of 
Congress. 
‘‘WORKFORCE AUTHORITIES 
‘‘SEC. 503. (a) The workforce authorities made avail-
able by this title are as follows: 
‘‘(1) The authority to pay recruitment, redesig-
nation, and relocation bonuses, as provided by sec-
tion 504. 
‘‘(2) The authority to pay retention bonuses, as 
provided by section 505. 
‘‘(3) The authority to apply subchapter II of 
chapter 35 of title 5, United States Code (relating 
to voluntary separation incentive payments), as 
added by section 1313(a)(1)(A) of the Homeland Se-
curity Act of 2002 (Public Law 107–296), in accord-
ance with section 506. 
‘‘(4) The authority to make term appointments 
and to take related personnel actions, as provided by 
section 507. 
‘‘(5) The authority to fix rates of basic pay for 
critical positions, as provided by section 508. 
‘‘(6) The authority to extend intergovernmental 
personnel act assignments, as provided by section 
509.
‘‘(b) No authority under this title may be exercised 
with respect to any officer who is appointed by the Presi-
dent, by and with the advice and consent of the Senate. 
‘‘(c) Unless specifically stated otherwise, all authori-
ties provided under this title are subject to section 5307 
of title 5, United States Code. For purposes of applying 
such section 5307, cash payments made under authority 
of this title shall be treated in the same way as if they 
had instead been made under the corresponding provisions 
of such title 5 (if any).
‘‘RECRUITMENT, REDESIGNATION, AND RELOCATION 
BONUSES 
‘‘SEC. 504. (a) Notwithstanding section 5753 of title 
5, United States Code, the Administrator may pay a bonus 
to an individual, in accordance with the Workforce Plan 
and subject to the limitations in this section, if the Admin-
istrator determines that the Administration would be like-
ly, in the absence of a bonus, to encounter difficulty in 
filling a position, and if the individual—
‘‘(1) is newly appointed as an employee of the 
Federal Government; 
‘‘(2) is currently employed by the Federal Gov-
ernment and is newly appointed to another position 
in the same geographic area; or
‘‘(3) is currently employed by the Federal Gov-
ernment and must relocate to a different geographic 
area to accept a position with the Administration. 
‘‘(b) If the position is described as addressing a crit-
ical need in the Workforce Plan pursuant to section 
502(a)(2), the amount of a bonus may not exceed—
‘‘(1) 50 percent of the employee’s annual rate 
of basic pay (including comparability payments 
under sections 5304–5304a of title 5, United States 
Code) as of the beginning of the service period mul-
tiplied by the service period specified pursuant to 
subsection (d)(1)(A); or 
‘‘(2) 100 percent of the employee’s annual rate 
of basic pay (including comparability payments 
under sections 5304–5304a of title 5, United States 
Code) as of the beginning of the service period. 
‘‘(c) If the position is not described as addressing a 
critical need in the Workforce Plan pursuant to section 
502(a)(2), the amount of a bonus may not exceed—
‘‘(1) 25 percent of the employee’s annual rate 
of basic pay (including comparability payments 
under sections 5304–5304a of title 5, United States 
Code) as of the beginning of the service period mul-
tiplied by the service period specified pursuant to 
subsection (d)(1)(A); or
‘‘(2) 100 percent of the employee’s annual rate 
of basic pay (including comparability payments 
under sections 5304–5304a of title 5, United States 
Code) as of the beginning of the service period. 
‘‘(d)(1) Payment of a bonus under this section shall 
be contingent upon the individual entering into a service 
agreement with the Administration. The service agreement 
shall, at a minimum, set forth—
‘‘(A) the required service period; 
‘‘(B) the method of payment, including a pay-
ment schedule; the method of payment may include 
a lump-sum payment, installment payments, or a 
combination thereof; 
‘‘(C) the amount of the bonus and the basis for 
calculating such amount; and 
‘‘(D) the conditions under which the agreement 
may be terminated before the agreed-upon service 
period has been completed, and the effect of the ter-
mination. 
‘‘(2) For purposes of determinations under sub-
sections (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 consid-
ered 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 recruit-
ment, redesignation, and relocation bonuses, subject to ap-
proval by the Office of Personnel Management. 
‘‘(f) The Administrator shall submit to the appro-
priate committees of Congress, not later than February 
28 of each year, a summary of all bonuses paid under sub-
sections (b) and (c) during the previous calendar year. 
Such summary shall include the number of bonuses paid, 
the total amount of bonuses paid, and the average percent-
age used in calculating the total average bonus amount, 
under each such subsection.
‘‘RETENTION BONUSES 
‘‘SEC. 505. (a) Notwithstanding section 5754 of title 
5, United States Code, the Administrator may pay a bonus 
to an employee, in accordance with the Workforce Plan 
and subject to the limitations in this section, if the Admin-
istrator 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 crit-
ical need in the Workforce Plan pursuant to section 
502(a)(2), the amount of a bonus may not exceed 50 per-
cent of the employee’s annual rate of basic pay (including 
comparability payments under sections 5304–5304a of 
title 5, United States Code). 
‘‘(c) If the position is not described as addressing a 
critical need in the Workforce Plan pursuant to section 
502(a)(2), the amount of a bonus may not exceed 25 per-
cent of the employee’s annual rate of basic pay (including 
comparability payments under sections 5304–5304a of 
title 5, United States Code). 
‘‘(d)(1) Payment of a bonus under this section shall 
be contingent upon the employee entering into a service 
agreement with the Administration. The service agreement 
shall, at a minimum, set forth—
‘‘(A) the required service period; 
‘‘(B) the method of payment, including a pay-
ment schedule; the method of payment may include 
a lump-sum payment, installment payments, or a 
combination thereof; 
‘‘(C) the amount of the bonus and the basis for 
calculating such amount; and
‘‘(D) the conditions under which the agreement 
may be terminated before the agreed-upon service 
period has been completed, and the effect of the ter-
mination. 
‘‘(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 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 
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 consid-
ered 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 of title 5, 
United States Code, or under section 504.
‘‘(g) Before paying a bonus under this section, the 
Administration shall establish a plan for paying retention 
bonuses, subject to approval by the Office of Personnel 
Management. 
‘‘(h) The Administrator shall submit to the appro-
priate committees of Congress, not later than February 
28 of each year, a summary of all bonuses paid under sub-
sections (b) and (c) during the previous calendar year. 
Such summary shall include the number of bonuses paid, 
the total amount of bonuses paid, and the average percent-
age used in calculating the total average bonus amount, 
under each such subsection. 
‘‘VOLUNTARY SEPARATION INCENTIVE PAYMENTS 
‘‘SEC. 506. (a) In applying subchapter II of chapter 
35 of title 5, United States Code, the Administrator may 
provide for voluntary separation incentive payments in ex-
cess of the dollar-amount limitation that would otherwise 
apply under section 3523(b)(3)(B) of such title, subject 
to subsection (b). 
‘‘(b) Voluntary separation incentive payments de-
scribed in subsection (a)—
‘‘(1) may not exceed 50 percent of the annual 
rate of basic pay of the employee receiving such pay-
ments (computed disregarding any comparability 
payments under sections 5304–5304a of title 5, 
United States Code);
‘‘(2) may not, in any calendar year, be made to 
more than—
‘‘(A) 10 employees; or 
‘‘(B) such greater number of employees as 
the Administrator may, with the approval of the 
Office of Management and Budget, establish in 
lieu of the number specified in subparagraph 
(A) following notification to the appropriate 
committees of Congress; 
‘‘(3) may not be made to an employee if the 
employee has within the last 12 months received, or 
if the employee is then receiving, a bonus or allow-
ance under section 5753 or 5754 of title 5, United 
States Code, or under section 504 or 505; and 
‘‘(4) may be made only if the position in which 
the employee is serving addresses a critical need 
identified in the Workforce Plan pursuant to section 
502(a)(2). 
‘‘(c)(1) The proposed use of workforce authorities in 
this section shall be included in the plan required by sec-
tion 3522 of title 5, United States Code. 
‘‘(2) Whenever the Office of Personnel Management 
approves the Administration’s plan required in such sec-
tion 3522, the Administration shall submit a copy of the
approved plan to the appropriate committees of Congress 
within 15 days after the date on which it is so approved.
‘‘TERM APPOINTMENTS 
‘‘SEC. 507. (a) The Administrator may authorize 
term appointments within the Administration made under 
authority of subchapter I of chapter 33 of title 5, United 
States Code, for a period of not less than 1 year and not 
more than 6 years. 
‘‘(b) Notwithstanding chapter 33 of title 5, United 
States Code, 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 per-
manent appointment in the competitive service within the 
Administration without further competition if—
‘‘(1) such individual was appointed under open, 
competitive examination pursuant to provisions of 
subchapter I of chapter 33 of title 5, United States 
Code, to the term position; 
‘‘(2) the announcement for the term appoint-
ment 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 ap-
pointment 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 oc-
cupational series, is in the same geographic location, 
and provides no greater promotion potential than 
the term position for which the competitive examina-
tion was conducted. 
‘‘(c) Notwithstanding chapter 33 of title 5, United 
States Code, 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 per-
manent 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 be-
comes a career-conditional employee, unless the employee 
has otherwise completed the service requirements for ca-
reer tenure. 
‘‘(e) An employee converted to career or career-condi-
tional employment under this section acquires competitive 
status upon conversion.
‘‘(f) Not later than February 28 of each year, the 
Administrator shall submit to the appropriate committees 
of Congress—
‘‘(1) the total number of term appointments 
converted during the previous calendar year; and 
‘‘(2) of that total number, the number of con-
versions that were made to address a critical need 
described in the Workforce Plan pursuant to section 
502(a)(2). 
‘‘PAY AUTHORITY FOR CRITICAL POSITIONS 
‘‘SEC. 508. (a) For the purpose of this section, the 
term ‘position’ means—
‘‘(1) a position to which chapter 51 of title 5, 
United States Code, applies, including a position in 
the Senior Executive Service; 
‘‘(2) a position under the Executive Schedule 
under sections 5312–5317 of title 5, United States 
Code; 
‘‘(3) a position established under section 3104 
of title 5, United States Code; or 
‘‘(4) a senior-level position to which section 
5376(a)(1) of title 5, United States Code, applies. 
‘‘(b) Authority under this section—
‘‘(1) may be exercised only with respect to a po-
sition which is described as addressing a critical 
need in the Workforce Plan pursuant to section
502(a)(2), and which requires expertise of an ex-
tremely high level in a scientific, technical, profes-
sional, 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 
agency as defined by section 5102(a)(1) of title 5, 
United States Code. 
‘‘(c)(1) Notwithstanding section 5377 of title 5, 
United States Code, the Administrator may fix the rate 
of basic pay for a position in the Administration in accord-
ance with this section. The Administrator may not dele-
gate 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 pay-
able 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 pay-
able under section 104 of title 3, United States Code. 
‘‘(3) Notwithstanding any provision of section 5307 
of title 5, United States Code, 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 em-
ployee 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 of such title 5 applies), such payment 
would cause the total to exceed the per annum rate of sal-
ary which, as of the end of such calendar year, is payable 
under section 104 of title 3, United States Code. 
‘‘(e) The Administrator shall submit to the appro-
priate committees of Congress, not later than February 
28 of each year, the number of critical pay positions that 
were established and the number of critical pay positions 
that were disestablished during the previous calendar year. 
‘‘ASSIGNMENTS UNDER THE INTERGOVERNMENTAL 
PERSONNEL ACT MOBILITY PROGRAM 
‘‘SEC. 509. For purposes of applying the third sen-
tence of section 3372(a) of title 5, United States Code 
(relating to the authority of the head of a Federal agency