NASA Flexibility Act of 2004

Bill: 108-s-610
Sponsor: Sen. Voinovich, George V. [R-OH]
Introduced: 2003-03-13 in the Senate
Policy area: Government Operations and Politics
Subjects: Armed Forces and National Security
Astronautics
Congress
Congressional reporting requirements
Education
Employee selection
Federal employees
Federal officials
Fringe benefits
Government contractors
Government travel
Higher education
Leave of absence
National Aeronautics and Space Administration
Personnel management
Planning
Planning-programming-budgeting
Position classification
Recruiting of employees
Relocation
Salaries
Scholarships
Science, Technology, Communications
Scientific education
Space activities
Space shuttles
Temporary employment
Transfer of employees
Transportation and Public Works
Travel costs
Veterans' employment

Summary:
action_date: 2003-03-13
text: NASA Workforce Flexibility Act of 2003 - Adds new Federal employee provisions concerning National Aeronautics and Space Administration (NASA) workforce authorities. Provides the authority to: (1) pay recruitment, redesignation, and relocation bonuses; (2) make term appointments and related personnel actions; (3) fix basic rates of pay; and (4) extend intergovernmental personnel act assignments.
Requires the NASA Administrator, before exercising any such authorities, to submit a written workforce plan to the Office of Personnel Management for approval. Requires such plan to be provided to all NASA employees at least 60 days in advance of its implementation. Outlines requirements for each of the authorities.
Authorizes the Administrator to: (1) conduct employee exchanges with private entities; (2) carry out a program under which science and technology scholarships are provided to students in exchange for their agreement to be employed by NASA upon graduation; (3) appoint distinguished scholars as NASA employees; (4) pay travel, transportation, and relocation expenses of new appointees; (5) deem periods of certain non-Federal service as Federal service for annual leave qualification purposes; and (6) provide superior qualifications pay to certain employees.
Limits the number of NASA limited emergency appointees to ten percent of the total number of Senior Executive Service positions allocated to NASA.
action_date: 2003-07-28
text: 
Amends Federal employee provisions to establish separate workforce authorities and personnel provisions for the National Aeronautics and Space Administration (NASA).
 
Requires the NASA Administrator, before exercising any such authorities, to submit to specified congressional committees a written workforce plan and to obtain plan approval from the Office of Personnel Management (OPM). Requires the plan to, among other things, describe: (1) NASA's critical needs (important mission requirements that NASA can't fulfill because it lacks the appropriate employees); (2) the employee functions or positions needed to address those critical needs; (3) the methods to determine if the newly established workforce authorities have successfully addressed each critical need; (4) administrative changes to improve NASA recruitment of highly qualified individuals for fulfilling critical needs; and (5) any reforms to NASA workforce management practices recommended by the Columbia Accident Investigation Board. Requires the plan, as well as plan modifications, to be submitted to all NASA employees 60 days in advance of implementation. Requires plans to also be submitted to NASA employee representatives and requires the Administrator to give recommendations from such representatives full and fair consideration. Requires: (1) the current workforce plan to be submitted to the Office of Management and Budget whenever a NASA performance plan is so submitted for any year; and (2) the Administrator, within six years, to submit to specified committees an evaluation and analysis of the actions taken under this section.
 
Includes among NASA workforce authorities the authority to: (1) pay recruitment, redesignation, relocation, and retention bonuses; (2) make term appointments of one to six years and take related personnel actions; (3) fix basic rates of pay for critical-need, senior level positions; and (4) extend intergovernmental personnel act assignments to up to four years.
 
Authorizes the Administrator to arrange for the assignment of a NASA scientific or technical employee to a private sector entity or of a scientific or technical employee of a private sector entity to NASA, with the concurrence of the entity and the employee. Makes such period of assignment two years, with the possibility of extension for two additional years. Makes employees assigned to NASA subject to all conflict of interest and ethics statutes applicable to Federal employees.
 
Directs the Administrator to establish a National Aeronautics and Space Administration Science and Technology Scholarship Program to award scholarships to individuals in return for contractual agreements under which such individuals agree to serve as full-time NASA employees for one year for each year of such scholarships. Requires such students to be U.S. citizens and not Federal employees. Prohibits: (1) the scholarship from lasting more than four academic years, unless the Administrator grants a waiver; and (2) scholarship amounts from exceeding college or university attendance costs. Requires repayment of full scholarship amounts for students who fail to maintain a high level of academic standing, who are dismissed for disciplinary reasons, or who do not successfully complete their program of study. Requires the student to begin the required service period within 60 days after obtaining the educational degree, unless the Administrator defers such obligation.
 
Authorizes NASA to appoint directly to the General Schedule of Compensation for Federal Employees in GS-7 through 12 positions individuals in professional and research fields who meet specified educational requirements. Makes veterans' preference procedures applicable to such appointments and requires public notice of vacancies.
 
Authorizes the Administrator to pay the travel, transportation, and relocation expenses of certain new appointees to the same extent and in the same manner as the payment of such expenses for transferred employees.
 
Allows the Administrator to deem a period of qualified non-Federal career service of an individual as an equal period of service performed as a Federal employee for purposes of annual leave eligibility. Requires that all NASA senior executives and other senior-level employees accrue annual leave at the maximum rate of one day for each biweekly pay period.
 
Limits the number of NASA limited emergency appointees to ten percent of the total number of Senior Executive Service (SES) positions allocated to NASA. Permits the appointment of limited SES appointees to career reserved positions as long as the limited appointee, immediately before the limited appointment, was serving under a career or career-conditional appointment outside of the SES (or an appointment of equivalent tenure).
 
Authorizes the Administrator, with the approval of OPM, to set the pay of an employee paid under the General Schedule at any step within the pay range for the grade of the position, based on the superior qualifications of the employee or the special needs of NASA. Requires the Administrator, before setting any employee's pay under this section, to submit a pay plan to OPM.

action_date: 2003-11-24
text: 
NASA Flexibility Act of 2003 - (Sec. 2) Amends the National Aeronautics and Space Act of 1958 to provide the Administrator of the National Aeronautics and Space Administration the authority to compensate certain excepted personnel at the basic rate payable for level III of the Executive Schedule. 
 
(Sec. 3) Amends Federal employee provisions to establish separate workforce authorities and personnel provisions for NASA.
 
Requires the NASA Administrator, before exercising any such authorities, to submit to specified congressional committees a written workforce plan and to obtain plan approval from the Office of Personnel Management (OPM). Requires the plan to, among other things, describe: (1) NASA's critical needs (important safety, management, engineering, science, research, or operations requirements that NASA is unable to fulfill because it lacks the appropriate employees); (2) the employee functions or positions needed to address those critical needs; (3) the methods to determine if the newly established workforce authorities have successfully addressed each critical need; (4) changes to improve NASA recruitment of highly qualified individuals for fulfilling critical needs; and (5) any workforce-related reforms required to resolve the findings and recommendations of the Columbia Accident Investigation Board. Requires the plan, as well as plan modifications, to be submitted to all NASA employees 60 in advance of implementation. Requires plans to also be submitted to NASA employee representatives and requires the Administrator to give recommendations from such representatives full and fair consideration. Requires: (1) the current workforce plan to be submitted to the Office of Management and Budget whenever a NASA performance plan is so submitted for any year; and (2) the Administrator, within six years, to submit to the Committees on Government Reform, Science, and Appropriations of the House of Representatives and the Committees on Governmental Affairs, Commerce, Science, and Transportation of the Senate (the appropriate committees of Congress) an evaluation and analysis of the actions taken under this section.
 
Includes among NASA workforce authorities the authority to: (1) pay recruitment, redesignation, relocation, and retention bonuses in exchange for service agreements; (2) make term appointments of one to six years and permanent conversions; (3) fix basic rates of pay for critical positions; and (4) extend intergovernmental personnel act assignments to up to four years.
 
Directs the Administrator to establish a National Aeronautics and Space Administration Science and Technology Scholarship Program to award scholarships to individuals in return for contractual agreements under which such individuals agree to serve as full-time NASA employees for two years for each year of such scholarships. Requires such students to be U.S. citizens and not Federal employees. Prohibits: (1) the scholarship from lasting more than four academic years, unless the Administrator grants a waiver; and (2) scholarship amounts from exceeding college or university attendance costs. Provides that the total period of obligated service shall not, under any circumstances, be more than four years. Requires repayment of full scholarship amounts for students who fail to maintain a high level of academic standing, who are dismissed for disciplinary reasons, or who do not successfully complete their program of study. Requires the student to begin the required service period within 60 days after obtaining the educational degree, unless the Administrator defers such obligation.
 
Authorizes the Administrator to appoint directly to the General Schedule of Compensation for Federal Employees in GS-7 through 12 positions individuals in professional and research fields who meet specified educational requirements. Provides for the consideration of veterans' preference eligibles who meet the criteria for appointment ahead of non-preference eligibles and requires public notice of vacancies.
 
Authorizes the Administrator to pay the travel, transportation, and relocation expenses of certain new appointees to the same extent and in the same manner as the payment of such expenses for transferred employees.
 
Allows the Administrator to deem a period of qualified non-Federal career service of an individual as an equal period of service performed as a Federal employee for purposes of annual leave eligibility. Continues to apply such a period of non-Federal service as if it were service performed as an employee so long as that individual serves in or under NASA. Requires that all NASA senior executives and other senior-level employees accrue annual leave at the maximum rate of one day for each bi-weekly period.
 
Permits the appointment of limited SES appointees to career reserved positions as long as the limited appointee, immediately before the limited appointment, was serving under a career or career-conditional appointment outside the SES (or an appointment of equivalent tenure). Limits the number of NASA career-reserved positions that are filled by limited Senior Executive Service (SES) emergency appointees to ten percent of the total number of SES positions allocated to NASA.
 
Authorizes the Administrator, with the approval of OPM, to 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 possesses unusually high or unique qualifications and is assigned new duties, without a change in position, or to a new position. Requires the Administrator, before setting any employee's pay under this section, to submit a pay plan to OPM and the appropriate committees of Congress.
 
Requires the Administrator to submit to such committees, not later than February 28 of each of the next six years, a report on the effectiveness of exercising such separate workforce authorities.

action_date: 2004-01-28
text: 
NASA Flexibility Act of 2003 - (Sec. 2) Amends the National Aeronautics and Space Act of 1958 to provide the Administrator of the National Aeronautics and Space Administration the authority to compensate certain excepted personnel at the basic rate payable for level III of the Executive Schedule. 
 
(Sec. 3) Amends Federal employee provisions to establish separate workforce authorities and personnel provisions for NASA.
 
Requires the NASA Administrator, before exercising any such authorities, to submit to specified congressional committees a written workforce plan and to obtain plan approval from the Office of Personnel Management (OPM). Requires the plan to, among other things, describe: (1) NASA's critical needs (important safety, management, engineering, science, research, or operations requirements that NASA is unable to fulfill because it lacks the appropriate employees); (2) the employee functions or positions needed to address those critical needs; (3) the methods to determine if the newly established workforce authorities have successfully addressed each critical need; (4) changes to improve NASA recruitment of highly qualified individuals for fulfilling critical needs; and (5) any workforce-related reforms required to resolve the findings and recommendations of the Columbia Accident Investigation Board. Requires the plan, as well as plan modifications, to be submitted to all NASA employees 60 in advance of implementation. Requires plans to also be submitted to NASA employee representatives and requires the Administrator to give recommendations from such representatives full and fair consideration. Requires: (1) the current workforce plan to be submitted to the Office of Management and Budget whenever a NASA performance plan is so submitted for any year; and (2) the Administrator, within six years, to submit to the Committees on Government Reform, Science, and Appropriations of the House of Representatives and the Committees on Governmental Affairs, Commerce, Science, and Transportation of the Senate (the appropriate committees of Congress) an evaluation and analysis of the actions taken under this section.
 
Includes among NASA workforce authorities the authority to: (1) pay recruitment, redesignation, relocation, and retention bonuses in exchange for service agreements; (2) make term appointments of one to six years and permanent conversions; (3) fix basic rates of pay for critical positions; and (4) extend intergovernmental personnel act assignments to up to four years.
 
Directs the Administrator to establish a National Aeronautics and Space Administration Science and Technology Scholarship Program to award scholarships to individuals in return for contractual agreements under which such individuals agree to serve as full-time NASA employees for two years for each year of such scholarships. Requires such students to be U.S. citizens and not Federal employees. Prohibits: (1) the scholarship from lasting more than four academic years, unless the Administrator grants a waiver; and (2) scholarship amounts from exceeding college or university attendance costs. Provides that the total period of obligated service shall not, under any circumstances, be more than four years. Requires repayment of full scholarship amounts for students who fail to maintain a high level of academic standing, who are dismissed for disciplinary reasons, or who do not successfully complete their program of study. Requires the student to begin the required service period within 60 days after obtaining the educational degree, unless the Administrator defers such obligation.
 
Authorizes the Administrator to appoint directly to the General Schedule of Compensation for Federal Employees in GS-7 through 12 positions individuals in professional and research fields who meet specified educational requirements. Provides for the consideration of veterans' preference eligibles who meet the criteria for appointment ahead of non-preference eligibles and requires public notice of vacancies.
 
Authorizes the Administrator to pay the travel, transportation, and relocation expenses of certain new appointees to the same extent and in the same manner as the payment of such expenses for transferred employees.
 
Allows the Administrator to deem a period of qualified non-Federal career service of an individual as an equal period of service performed as a Federal employee for purposes of annual leave eligibility. Continues to apply such a period of non-Federal service as if it were service performed as an employee so long as that individual serves in or under NASA. Requires that all NASA senior executives and other senior-level employees accrue annual leave at the maximum rate of one day for each bi-weekly period.
 
Permits the appointment of limited SES appointees to career reserved positions as long as the limited appointee, immediately before the limited appointment, was serving under a career or career-conditional appointment outside the SES (or an appointment of equivalent tenure). Limits the number of NASA career-reserved positions that are filled by limited Senior Executive Service (SES) emergency appointees to ten percent of the total number of SES positions allocated to NASA.
 
Authorizes the Administrator, with the approval of OPM, to 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 possesses unusually high or unique qualifications and is assigned new duties, without a change in position, or to a new position. Requires the Administrator, before setting any employee's pay under this section, to submit a pay plan to OPM and the appropriate committees of Congress.
 
Requires the Administrator to submit to such committees, not later than February 28 of each of the next six years, a report on the effectiveness of exercising such separate workforce authorities.

action_date: 2004-02-24
text: 

(This measure has not been amended since it was passed by the House on January 28, 2004. The summary of that version is repeated here, with an updated short title.)

 
NASA Flexibility Act of 2004 - (Sec. 2) Amends the National Aeronautics and Space Act of 1958 to provide the Administrator of the National Aeronautics and Space Administration (NASA) the authority to compensate certain excepted personnel at the basic rate payable for level III of the Executive Schedule. 
 
(Sec. 3) Amends Federal employee provisions to establish separate workforce authorities and personnel provisions for NASA.
 
Requires the NASA Administrator, before exercising any such authorities, to submit to specified congressional committees a written workforce plan and to obtain plan approval from the Office of Personnel Management (OPM). Requires the plan to, among other things, describe: (1) NASA's critical needs (important safety, management, engineering, science, research, or operations requirements that NASA is unable to fulfill because it lacks the appropriate employees); (2) the employee functions or positions needed to address those critical needs; (3) the methods to determine if the newly established workforce authorities have successfully addressed each critical need; (4) changes to improve NASA recruitment of highly qualified individuals for fulfilling critical needs; and (5) any workforce-related reforms required to resolve the findings and recommendations of the Columbia Accident Investigation Board. Requires the plan, as well as plan modifications, to be submitted to all NASA employees 60 in advance of implementation. Requires plans to also be submitted to NASA employee representatives and requires the Administrator to give recommendations from such representatives full and fair consideration. Requires: (1) the current workforce plan to be submitted to the Office of Management and Budget whenever a NASA performance plan is so submitted for any year; and (2) the Administrator, within six years, to submit to the Committees on Government Reform, Science, and Appropriations of the House of Representatives and the Committees on Governmental Affairs, Commerce, Science, and Transportation of the Senate (the appropriate committees of Congress) an evaluation and analysis of the actions taken under this section.
 
Includes among NASA workforce authorities the authority to: (1) pay recruitment, redesignation, relocation, and retention bonuses in exchange for service agreements; (2) make term appointments of one to six years and permanent conversions; (3) fix basic rates of pay for critical positions; and (4) extend intergovernmental personnel act assignments to up to four years.
 
Directs the Administrator to establish a National Aeronautics and Space Administration Science and Technology Scholarship Program to award scholarships to individuals in return for contractual agreements under which such individuals agree to serve as full-time NASA employees for two years for each year of such scholarships. Requires such students to be U.S. citizens and not Federal employees. Prohibits: (1) the scholarship from lasting more than four academic years, unless the Administrator grants a waiver; and (2) scholarship amounts from exceeding college or university attendance costs. Limits the total period of obligated service to four years. Requires repayment of full scholarship amounts for students who fail to maintain a high level of academic standing, who are dismissed for disciplinary reasons, or who do not successfully complete their program of study. Requires the student to begin the required service period within 60 days after obtaining the educational degree, unless the Administrator defers such obligation.
 
Authorizes the Administrator to appoint directly to the General Schedule of Compensation for Federal Employees in GS-7 through GS-12 positions individuals in professional and research fields who meet specified educational requirements. Provides for the consideration of veterans' preference eligibles who meet the criteria for appointment ahead of non-preference eligibles and requires public notice of vacancies.
 
Authorizes the Administrator to pay the travel, transportation, and relocation expenses of certain new appointees to the same extent and in the same manner as the payment of such expenses for transferred employees.
 
Allows the Administrator to deem a period of qualified non-Federal career service of an individual as an equal period of service performed as a Federal employee for purposes of annual leave eligibility. Continues to apply such a period of non-Federal service as if it were service performed as an employee so long as that individual serves in or under NASA. Requires that all NASA senior executives and other senior-level employees accrue annual leave at the maximum rate of one day for each bi-weekly period.
 
Permits the appointment of limited SES appointees to career reserved positions as long as the limited appointee, immediately before the limited appointment, was serving under a career or career-conditional appointment outside the SES (or an appointment of equivalent tenure). Limits the number of NASA career-reserved positions that are filled by limited Senior Executive Service (SES) emergency appointees to ten percent of the total number of SES positions allocated to NASA.
 
Authorizes the Administrator, with the approval of OPM, to 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 possesses unusually high or unique qualifications and is assigned new duties, without a change in position, or to a new position. Requires the Administrator, before setting any employee's pay under this section, to submit a pay plan to OPM and the appropriate committees of Congress.
 
Requires the Administrator to submit to such committees, not later than February 28 of each of the next six years, a report on the effectiveness of exercising such separate workforce authorities.


Legislative actions:
action_date: 2004-02-24
text: Became Public Law No: 108-201.
action_date: 2004-02-24
text: Became Public Law No: 108-201.
action_date: 2004-02-24
text: Signed by President.
action_date: 2004-02-24
text: Signed by President.
action_date: 2004-02-12
text: Presented to President.
action_date: 2004-02-12
text: Presented to President.
action_date: 2004-02-10
text: Pursuant to the provisions of H. Con. Res. 354, enrollment corrections on S. 610 have been made.
action_date: 2004-01-28
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2004-01-28
text: On passage Passed by voice vote.
action_date: 2004-01-28
text: Passed/agreed to in House: On passage Passed by voice vote.
action_date: 2004-01-28
text: The previous question was ordered pursuant to the rule.
action_date: 2004-01-28
text: The House rose from the Committee of the Whole House on the state of the Union to report S. 610.
action_date: 2004-01-28
text: DEBATE - The Committee of the Whole proceeded with debate on the Flake amendment under the five-minute rule.
action_date: 2004-01-28
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on S. 610.
action_date: 2004-01-28
text: The Speaker designated the Honorable Johnny Isakson to act as Chairman of the Committee.
action_date: 2004-01-28
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 502 and Rule XVIII.
action_date: 2004-01-28
text: Rule provides for consideration of S. 610 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is open to amendments.
action_date: 2004-01-28
text: Considered under the provisions of rule H. Res. 502. (consideration: CR H132-143)
action_date: 2004-01-28
text: Rule H. Res. 502 passed House.
action_date: 2004-01-27
text: Rules Committee Resolution H. Res. 502 Reported to House. Rule provides for consideration of S. 610 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is open to amendments.
action_date: 2003-11-25
text: Held at the desk.
action_date: 2003-11-25
text: Received in the House.
action_date: 2003-11-25
text: Message on Senate action sent to the House.
action_date: 2003-11-24
text: Passed Senate with an amendment by Unanimous Consent.
action_date: 2003-11-24
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
action_date: 2003-11-24
text: The committee substitute as amended agreed to by Unanimous Consent.
action_date: 2003-11-24
text: Measure laid before Senate. (consideration: CR S15863; text of measure as reported in Senate: CR S15853-15863)
action_date: 2003-09-09
text: Star Print ordered on Senate Report 108-113.
action_date: 2003-07-28
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 236.
action_date: 2003-07-28
text: Committee on Governmental Affairs. Reported by Senator Collins with an amendment in the nature of a substitute. With written report No. 108-113. Additional views filed.
action_date: 2003-07-28
text: Committee on Governmental Affairs. Reported by Senator Collins with an amendment in the nature of a substitute. With written report No. 108-113. Additional views filed.
action_date: 2003-06-17
text: Committee on Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2003-04-30
text: Committee on Governmental Affairs referred to Subcommittee on Oversight of Government Management, the Federal Workforce,  and the District of Columbia.
action_date: 2003-03-13
text: Read twice and referred to the Committee on Governmental Affairs.
action_date: 2003-03-13
text: Introduced in Senate

Enacted as: number: 108-201