NASA Flexibility Act of 2004
PL 108-201 (S.610), enacted 02/24/2004

118 STAT. 461
PUBLIC LAW 108–201—FEB. 24, 2004
Public Law 108–201
108th Congress
An Act
To amend the provisions of title 5, United States Code, to provide for workforce
flexibilities and certain Federal personnel provisions relating to the National
Aeronautics and Space Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘NASA Flexibility Act of 2004’’.
SEC. 2. COMPENSATION FOR CERTAIN EXCEPTED PERSONNEL.
(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.
(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 following:
‘‘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. Science and technology scholarship program.
‘‘9810. Distinguished scholar appointment authority.
‘‘9811. Travel and transportation expenses of certain new appointees.
‘‘9812. Annual leave enhancements.
‘‘9813. Limited appointments to Senior Executive Service positions.
‘‘9814. Qualifications pay.
‘‘9815. Reporting requirement.
‘‘§ 9801. Definitions
‘‘For purposes of this chapter—
42 USC 2473
note.
5 USC 101 note.
NASA Flexibility
Act of 2004.
Feb. 24, 2004
[S. 610]
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118 STAT. 462
PUBLIC LAW 108–201—FEB. 24, 2004
‘‘(1) the term ‘Administration’ means the National Aero-
nautics and Space Administration;
‘‘(2) the term ‘Administrator’ means the Administrator of
the National Aeronautics and Space Administration;
‘‘(3) the term ‘critical need’ means a specific and important
safety, management, engineering, science, research, or oper-
ations requirement of the Administration’s mission that the
Administration is unable to fulfill because the Administration
lacks the appropriate employees because—
‘‘(A) of the inability to fill positions; or
‘‘(B) employees do not possess the requisite skills;
‘‘(4) the term ‘employee’ means an individual employed
in or under the Administration;
‘‘(5) the term ‘workforce plan’ means the plan required
under section 9802(a);
‘‘(6) the term ‘appropriate committees of Congress’ means—
‘‘(A) the Committees on Government Reform, Science,
and Appropriations of the House of Representatives; and
‘‘(B) the Committees on Governmental Affairs, Com-
merce, Science, and Transportation, and Appropriations
of the Senate;
‘‘(7) the term ‘redesignation bonus’ means a bonus under
section 9804 paid to an individual described in subsection (a)(2)
thereof;
‘‘(8) the term ‘supervisor’ has the meaning given such term
by section 7103(a)(10); and
‘‘(9) the term ‘management official’ has the meaning given
such term by section 7103(a)(11).
‘‘§ 9802. Planning, notification, and reporting requirements
‘‘(a) Not later than 90 days before exercising any of the
workforce authorities made available under this chapter, the
Administrator shall submit a written plan to the appropriate
committees of Congress. Such plan shall be approved by the Office
of Personnel Management.
‘‘(b) A workforce plan shall include a description of—
‘‘(1) each critical need of the Administration and the criteria
used in the identification of that need;
‘‘(2)(A) the functions, approximate number, and classes or
other categories of positions or employees that—
‘‘(i) address critical needs; and
‘‘(ii) would be eligible for each authority proposed to
be exercised under this chapter; and
‘‘(B) how the exercise of those authorities with respect
to the eligible positions or employees involved would address
each critical need identified under paragraph (1);
‘‘(3)(A) any critical need identified under paragraph (1)
which would not be addressed by the authorities made available
under this chapter; and
‘‘(B) the reasons why those needs would not be so
addressed;
‘‘(4) the specific criteria to be used in determining which
individuals may receive the benefits described under sections
9804 and 9805 (including the criteria for granting bonuses
in the absence of a critical need), and how the level of those
benefits will be determined;
Deadlines.
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118 STAT. 463
PUBLIC LAW 108–201—FEB. 24, 2004
‘‘(5) the safeguards or other measures that will be applied
to ensure that this chapter is carried out in a manner consistent
with merit system principles;
‘‘(6) the means by which employees will be afforded the
notification required under subsections (c) and (d)(1)(B);
‘‘(7) the methods that will be used to determine if the
authorities exercised under this chapter have successfully
addressed each critical need identified under paragraph (1);
‘‘(8)(A) the recruitment methods used by the Administration
before the enactment of this chapter to recruit highly qualified
individuals; and
‘‘(B) the changes the Administration will implement after
the enactment of this chapter in order to improve its recruit-
ment of highly qualified individuals, including how it intends
to use—
‘‘(i) nongovernmental recruitment or placement agen-
cies; and
‘‘(ii) Internet technologies; and
‘‘(9) any workforce-related reforms required to resolve the
findings and recommendations of the Columbia Accident Inves-
tigation Board, the extent to which those recommendations
were accepted, and, if necessary, the reasons why any of those
recommendations were not accepted.
‘‘(c) Not later than 60 days before first exercising any of the
workforce authorities made available under this chapter, the
Administrator shall provide to all employees the workforce plan
and any additional information which the Administrator considers
appropriate.
‘‘(d)(1)(A) The Administrator may from time to time modify
the workforce plan. Any modification to the workforce plan shall
be submitted to the Office of Personnel Management for approval
by the Office before the modification may be implemented.
‘‘(B) Not later than 60 days before implementing any such
modifications, the Administrator shall provide an appropriately
modified plan to all employees of the Administration and to the
appropriate committees of Congress.
‘‘(2) Any reference in this chapter or any other provision of
law to the workforce plan shall be considered to include any modi-
fication made in accordance with this subsection.
‘‘(e) Before submitting any written plan under subsection (a)
(or modification under subsection (d)) to the Office of Personnel
Management, the Administrator shall—
‘‘(1) provide to each employee representative representing
any employees who might be affected by such plan (or modifica-
tion) a copy of the proposed plan (or modification);
‘‘(2) give each representative 30 calendar days (unless
extraordinary circumstances require earlier action) to review
and make recommendations with respect to the proposed plan
(or modification); and
‘‘(3) give any recommendations received from any such
representatives under paragraph (2) full and fair consideration
in deciding whether or how to proceed with respect to the
proposed plan (or modification).
‘‘(f) None of the workforce authorities made available under
this chapter may be exercised in a manner inconsistent with the
workforce plan.
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118 STAT. 464
PUBLIC LAW 108–201—FEB. 24, 2004
‘‘(g) Whenever the Administration submits its performance plan
under section 1115 of title 31 to the Office of Management and
Budget for any year, the Administration shall at the same time
submit a copy of such plan to the appropriate committees of Con-
gress.
‘‘(h) Not later than 6 years after the date of enactment of
this chapter, the Administrator shall submit to the appropriate
committees of Congress an evaluation and analysis of the actions
taken by the Administration under this chapter, including—
‘‘(1) an evaluation, using the methods described in sub-
section (b)(7), of whether the authorities exercised under this
chapter successfully addressed each critical need identified
under subsection (b)(1);
‘‘(2) to the extent that they did not, an explanation of
the reasons why any critical need (apart from the ones under
subsection (b)(3)) was not successfully addressed; and
‘‘(3) recommendations for how the Administration could
address any remaining critical need and could prevent those
that have been addressed from recurring.
‘‘(i) The budget request for the Administration for the first
fiscal year beginning after the date of enactment of this chapter
and for each fiscal year thereafter shall include a statement of
the total amount of appropriations requested for such fiscal year
to carry out this chapter.
‘‘§ 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 authori-
ties made available under this chapter shall be subject to section
5307.
‘‘(c)(1) None of the workforce authorities made available under
section 9804, 9805, 9806, 9807, 9809, 9812, 9813, 9814, or 9815
may be exercised with respect to a political appointee.
‘‘(2) For purposes of this subsection, the term ‘political
appointee’ means an employee who holds—
‘‘(A) a position which has been excepted from the competi-
tive service by reason of its confidential, policy-determining,
policy-making, or policy-advocating character; or
‘‘(B) a position in the Senior Executive Service as a non-
career 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 Administration
would be likely, in the absence of a bonus, to encounter dif-
ficulty 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
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118 STAT. 465
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‘‘(C) is currently employed by the Federal Government
and is required to relocate to a different geographic area
to accept a position with the Administration.
‘‘(b) If the position is described as addressing a critical need
in the workforce plan under section 9802(b)(2)(A), the amount of
a bonus may not exceed—
‘‘(1) 50 percent of the employee’s annual rate of basic pay
(including comparability payments under sections 5304 and
5304a) as of the beginning of the service period multiplied
by the service period specified under subsection (d)(1)(B)(i);
or
‘‘(2) 100 percent of the employee’s annual rate of basic
pay (including comparability payments under sections 5304
and 5304a) as of the beginning of the service period.
‘‘(c) If the position is not described as addressing a critical
need in the workforce plan under section 9802(b)(2)(A), the amount
of a bonus may not exceed 25 percent of the employee’s annual
rate of basic pay (excluding comparability payments under sections
5304 and 5304a) as of the beginning of the service period.
‘‘(d)(1)(A) Payment of a bonus under this section shall be contin-
gent upon the individual entering into a service agreement with
the Administration.
‘‘(B) At a minimum, the service agreement shall include—
‘‘(i) the required service period;
‘‘(ii) the method of payment, including a payment schedule,
which may include a lump-sum payment, installment payments,
or a combination thereof;
‘‘(iii) the amount of the bonus and the basis for calculating
that amount; and
‘‘(iv) the conditions under which the agreement may be
terminated before the agreed-upon service period has been com-
pleted, and the effect of the termination.
‘‘(2) For purposes of determinations under subsections (b)(1)
and (c)(1), the employee’s service period shall be expressed as the
number equal to the full years and twelfth parts thereof, rounding
the fractional part of a month to the nearest twelfth part of a
year. The service period may not be less than 6 months and may
not exceed 4 years.
‘‘(3) A bonus under this section may not be considered to be
part of the basic pay of an employee.
‘‘(e) Before paying a bonus under this section, the Administra-
tion shall establish a plan for paying recruitment, redesignation,
and relocation bonuses, subject to approval by the Office of Per-
sonnel 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 Administration for the
employee’s services makes it essential to retain the employee;
and
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118 STAT. 466
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‘‘(2) the employee would be likely to leave in the absence
of a retention bonus.
‘‘(b) If the position is described as addressing a critical need
in the workforce plan under section 9802(b)(2)(A), the amount of
a bonus may not exceed 50 percent of the employee’s annual rate
of basic pay (including comparability payments under sections 5304
and 5304a).
‘‘(c) If the position is not described as addressing a critical
need in the workforce plan under section 9802(b)(2)(A), the amount
of a bonus may not exceed 25 percent of the employee’s annual
rate of basic pay (excluding comparability payments under sections
5304 and 5304a).
‘‘(d)(1)(A) Payment of a bonus under this section shall be contin-
gent upon the employee entering into a service agreement with
the Administration.
‘‘(B) At a minimum, the service agreement shall include—
‘‘(i) the required service period;
‘‘(ii) the method of payment, including a payment schedule,
which may include a lump-sum payment, installment payments,
or a combination thereof;
‘‘(iii) the amount of the bonus and the basis for calculating
the amount; and
‘‘(iv) the conditions under which the agreement may be
terminated before the agreed-upon service period has been com-
pleted, and the effect of the termination.
‘‘(2) The employee’s service period shall be expressed as the
number equal to the full years and twelfth parts thereof, rounding
the fractional part of a month to the nearest twelfth part of a
year. The service period may not be less than 6 months and may
not exceed 4 years.
‘‘(3) Notwithstanding paragraph (1), a service agreement is
not required if the Administration pays a bonus in biweekly install-
ments and sets the installment payment at the full bonus percent-
age rate established for the employee, with no portion of the bonus
deferred. In this case, the Administration shall inform the employee
in writing of any decision to change the retention bonus payments.
The employee shall continue to accrue entitlement to the retention
bonus through the end of the pay period in which such written
notice is provided.
‘‘(e) A bonus under this section may not be considered to be
part of the basic pay of an employee.
‘‘(f) An employee is not entitled to a retention bonus under
this section during a service period previously established for that
employee under section 5753 or under section 9804.
‘‘(g) No more than 25 percent of the total amount in bonuses
awarded under subsection (a) in any year may be awarded to
supervisors or management officials.
‘‘§ 9806. Term appointments
‘‘(a) The Administrator may authorize term appointments
within the Administration under subchapter I of chapter 33, for
a period of not less than 1 year and not more than 6 years.
‘‘(b) Notwithstanding chapter 33 or any other provision of law
relating to the examination, certification, and appointment of
individuals in the competitive service, the Administrator may con-
vert an employee serving under a term appointment to a permanent
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118 STAT. 467
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appointment in the competitive service within the Administration
without further competition if—
‘‘(1) such individual was appointed under open, competitive
examination under subchapter I of chapter 33 to the term
position;
‘‘(2) the announcement for the term appointment from
which the conversion is made stated that there was potential
for subsequent conversion to a career-conditional or career
appointment;
‘‘(3) the employee has completed at least 2 years of current
continuous service under a term appointment in the competitive
service;
‘‘(4) the employee’s performance under such term appoint-
ment was at least fully successful or equivalent; and
‘‘(5) the position to which such employee is being converted
under this section is in the same occupational series, is in
the same geographic location, and provides no greater pro-
motion potential than the term position for which the competi-
tive examination was conducted.
‘‘(c) Notwithstanding chapter 33 or any other provision of law
relating to the examination, certification, and appointment of
individuals in the competitive service, the Administrator may con-
vert an employee serving under a term appointment to a permanent
appointment in the competitive service within the Administration
through internal competitive promotion procedures if the conditions
under paragraphs (1) through (4) of subsection (b) are met.
‘‘(d) An employee converted under this section becomes a career-
conditional employee, unless the employee has otherwise completed
the service requirements for career tenure.
‘‘(e) An employee converted to career or career-conditional
employment under this section acquires competitive status upon
conversion.
‘‘§ 9807. Pay authority for critical positions
‘‘(a) In this section, the term ‘position’ means—
‘‘(1) a position to which chapter 51 applies, including a
position in the Senior Executive Service;
‘‘(2) a position under the Executive Schedule under sections
5312 through 5317;
‘‘(3) a position established under section 3104; or
‘‘(4) a senior-level position to which section 5376(a)(1)
applies.
‘‘(b) Authority under this section—
‘‘(1) may be exercised only with respect to a position that—
‘‘(A) is described as addressing a critical need in the
workforce plan under section 9802(b)(2)(A); and
‘‘(B) requires expertise of an extremely high level in
a scientific, technical, professional, or administrative field;
‘‘(2) may be exercised only to the extent necessary to recruit
or retain an individual exceptionally well qualified for the posi-
tion; and
‘‘(3) may be exercised only in retaining employees of the
Administration or in appointing individuals who were not
employees of another Federal agency as defined under section
5102(a)(1).
‘‘(c)(1) Notwithstanding section 5377, the Administrator may
fix the rate of basic pay for a position in the Administration in
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118 STAT. 468
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accordance with this section. The Administrator may not delegate
this authority.
‘‘(2) The number of positions with pay fixed under this section
may not exceed 10 at any time.
‘‘(d)(1) The rate of basic pay fixed under this section may
not be less than the rate of basic pay (including any comparability
payments) which would otherwise be payable for the position
involved if this section had never been enacted.
‘‘(2) The annual rate of basic pay fixed under this section
may not exceed the per annum rate of salary payable under section
104 of title 3.
‘‘(3) Notwithstanding any provision of section 5307, in the case
of an employee who, during any calendar year, is receiving pay
at a rate fixed under this section, no allowance, differential, bonus,
award, or similar cash payment may be paid to such employee
if, or to the extent that, when added to basic pay paid or payable
to such employee (for service performed in such calendar year
as an employee in the executive branch or as an employee outside
the executive branch to whom chapter 51 applies), such payment
would cause the total to exceed the per annum rate of salary
which, as of the end of such calendar year, is payable under section
104 of title 3.
‘‘§ 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 organiza-
tion), 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. Science and technology scholarship program
‘‘(a)(1) The Administrator shall establish a National Aeronautics
and Space Administration Science and Technology Scholarship Pro-
gram to award scholarships to individuals that is designed to recruit
and prepare students for careers in the Administration.
‘‘(2) Individuals shall be selected to receive scholarships under
this section through a competitive process primarily on the basis
of academic merit, with consideration given to financial need and
the goal of promoting the participation of individuals identified
in section 33 or 34 of the Science and Engineering Equal Opportuni-
ties Act.
‘‘(3) To carry out the Program the Administrator shall enter
into contractual agreements with individuals selected under para-
graph (2) under which the individuals agree to serve as full-time
employees of the Administration, for the period described in sub-
section (f)(1), in positions needed by the Administration and for
which the individuals are qualified, in exchange for receiving a
scholarship.
‘‘(b) In order to be eligible to participate in the Program, an
individual must—
‘‘(1) be enrolled or accepted for enrollment as a full-time
student at an institution of higher education in an academic
field or discipline described in the list made available under
subsection (d);
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118 STAT. 469
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‘‘(2) be a United States citizen or permanent resident; and
‘‘(3) at the time of the initial scholarship award, not be
an employee (as defined in section 2105).
‘‘(c) An individual seeking a scholarship under this section
shall submit an application to the Administrator at such time,
in such manner, and containing such information, agreements, or
assurances as the Administrator may require.
‘‘(d) The Administrator shall make publicly available a list
of academic programs and fields of study for which scholarships
under the Program may be utilized and shall update the list as
necessary.
‘‘(e)(1) The Administrator may provide a scholarship under
the Program for an academic year if the individual applying for
the scholarship has submitted to the Administrator, as part of
the application required under subsection (c), a proposed academic
program leading to a degree in a program or field of study on
the list made available under subsection (d).
‘‘(2) An individual may not receive a scholarship under this
section for more than 4 academic years, unless the Administrator
grants a waiver.
‘‘(3) The dollar amount of a scholarship under this section
for an academic year shall be determined under regulations issued
by the Administrator, but shall in no case exceed the cost of attend-
ance.
‘‘(4) A scholarship provided under this section may be expended
for tuition, fees, and other authorized expenses as established by
the Administrator by regulation.
‘‘(5) The Administrator may enter into a contractual agreement
with an institution of higher education under which the amounts
provided for a scholarship under this section for tuition, fees, and
other authorized expenses are paid directly to the institution with
respect to which the scholarship is provided.
‘‘(f)(1) The period of service for which an individual shall be
obligated to serve as an employee of the Administration is, except
as provided in subsection (h)(2), 24 months for each academic year
for which a scholarship under this section is provided. Under no
circumstances shall the total period of obligated service be more
than 4 years.
‘‘(2)(A) Except as provided in subparagraph (B), obligated
service under paragraph (1) shall begin not later than 60 days
after the individual obtains the educational degree for which the
scholarship was provided.
‘‘(B) The Administrator may defer the obligation of an individual
to provide a period of service under paragraph (1) if the Adminis-
trator determines that such a deferral is appropriate. The Adminis-
trator shall prescribe the terms and conditions under which a
service obligation may be deferred through regulation.
‘‘(g)(1) Scholarship recipients who fail to maintain a high level
of academic standing, as defined by the Administrator by regulation,
who are dismissed from their educational institutions for discipli-
nary reasons, or who voluntarily terminate academic training before
graduation from the educational program for which the scholarship
was awarded, shall be in breach of their contractual agreement
and, in lieu of any service obligation arising under such agreement,
shall be liable to the United States for repayment within 1 year
after the date of default of all scholarship funds paid to them
and to the institution of higher education on their behalf under
Regulations.
Regulations.
Deadline.
Public
information.
Records.
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118 STAT. 470
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the agreement, except as provided in subsection (h)(2). The repay-
ment period may be extended by the Administrator when deter-
mined to be necessary, as established by regulation.
‘‘(2) Scholarship recipients who, for any reason, fail to begin
or complete their service obligation after completion of academic
training, or fail to comply with the terms and conditions of
deferment established by the Administrator pursuant to subsection
(f)(2)(B), shall be in breach of their contractual agreement. When
recipients breach their agreements for the reasons stated in the
preceding sentence, the recipient shall be liable to the United States
for an amount equal to—
‘‘(A) the total amount of scholarships received by such
individual under this section; plus
‘‘(B) the interest on the amounts of such awards which
would be payable if at the time the awards were received
they were loans bearing interest at the maximum legal pre-
vailing rate, as determined by the Treasurer of the United
States,
multiplied by 3.
‘‘(h)(1) Any obligation of an individual incurred under the Pro-
gram (or a contractual agreement thereunder) for service or pay-
ment shall be canceled upon the death of the individual.
‘‘(2) The Administrator shall by regulation provide for the par-
tial or total waiver or suspension of any obligation of service or
payment incurred by an individual under the Program (or a contrac-
tual agreement thereunder) whenever compliance by the individual
is impossible or would involve extreme hardship to the individual,
or if enforcement of such obligation with respect to the individual
would be contrary to the best interests of the Government.
‘‘(i) For purposes of this section—
‘‘(1) the term ‘cost of attendance’ has the meaning given
that term in section 472 of the Higher Education Act of 1965;
‘‘(2) the term ‘institution of higher education’ has the
meaning given that term in section 101(a) of the Higher Edu-
cation Act of 1965; and
‘‘(3) the term ‘Program’ means the National Aeronautics
and Space Administration Science and Technology Scholarship
Program established under this section.
‘‘(j)(1) There is authorized to be appropriated to the Administra-
tion for the Program $10,000,000 for each fiscal year.
‘‘(2) Amounts appropriated under this section shall remain
available for 2 fiscal years.
‘‘§ 9810. Distinguished scholar appointment authority
‘‘(a) In this section—
‘‘(1) the term ‘professional position’ means a position that
is classified to an occupational series identified by the Office
of Personnel Management as a position that—
‘‘(A) requires education and training in the principles,
concepts, and theories of the occupation that typically can
be gained only through completion of a specified curriculum
at a recognized college or university; and
‘‘(B) is covered by the Group Coverage Qualification
Standard for Professional and Scientific Positions; and
‘‘(2) the term ‘research position’ means a position in a
professional series that primarily involves scientific inquiry
or investigation, or research-type exploratory development of
Appropriation
authorization.
Regulations.
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a creative or scientific nature, where the knowledge required
to perform the work successfully is acquired typically and pri-
marily through graduate study.
‘‘(b) The Administration may appoint, without regard to the
provisions of section 3304(b) and sections 3309 through 3318, but
subject to subsection (c), candidates directly to General Schedule
professional, competitive service positions in the Administration
for which public notice has been given (in accordance with regula-
tions of the Office of Personnel Management), if—
‘‘(1) with respect to a position at the GS–7 level, the
individual—
‘‘(A) received, within 2 years before the effective date
of the appointment, from an accredited institution author-
ized to grant baccalaureate degrees, a baccalaureate degree
in a field of study for which possession of that degree
in conjunction with academic achievements meets the quali-
fication standards as prescribed by the Office of Personnel
Management for the position to which the individual is
being appointed; and
‘‘(B) achieved a cumulative grade point average of 3.0
or higher on a 4.0 scale and a grade point average of
3.5 or higher for courses in the field of study required
to qualify for the position;
‘‘(2) with respect to a position at the GS–9 level, the
individual—
‘‘(A) received, within 2 years before the effective date
of the appointment, from an accredited institution author-
ized to grant graduate degrees, a graduate degree in a
field of study for which possession of that degree meets
the qualification standards at this grade level as prescribed
by the Office of Personnel Management for the position
to which the individual is being appointed; and
‘‘(B) achieved a cumulative grade point average of 3.5
or higher on a 4.0 scale in graduate coursework in the
field of study required for the position;
‘‘(3) with respect to a position at the GS–11 level, the
individual—
‘‘(A) received, within 2 years before the effective date
of the appointment, from an accredited institution author-
ized to grant graduate degrees, a graduate degree in a
field of study for which possession of that degree meets
the qualification standards at this grade level as prescribed
by the Office of Personnel Management for the position
to which the individual is being appointed; and
‘‘(B) achieved a cumulative grade point average of 3.5
or higher on a 4.0 scale in graduate coursework in the
field of study required for the position; or
‘‘(4) with respect to a research position at the GS–12 level,
the individual—
‘‘(A) received, within 2 years before the effective date
of the appointment, from an accredited institution author-
ized to grant graduate degrees, a graduate degree in a
field of study for which possession of that degree meets
the qualification standards at this grade level as prescribed
by the Office of Personnel Management for the position
to which the individual is being appointed; and
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‘‘(B) achieved a cumulative grade point average of 3.5
or higher on a 4.0 scale in graduate coursework in the
field of study required for the position.
‘‘(c) In making any selections under this section, preference
eligibles who meet the criteria for distinguished scholar appoint-
ments 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.
‘‘§ 9811. 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 appointment or an
excepted service appointment to a continuing position;
‘‘(B) a term appointment;
‘‘(C) an excepted service appointment that provides
for noncompetitive conversion to a career or career-condi-
tional appointment;
‘‘(D) a career or limited term Senior Executive Service
appointment;
‘‘(E) an appointment made under section 203(c)(2)(A)
of the National Aeronautics and Space Act of 1958 (42
U.S.C. 2473(c)(2)(A));
‘‘(F) an appointment to a position established under
section 3104; or
‘‘(G) an appointment to a position established under
section 5108; or
‘‘(2) a student trainee who, upon completion of academic
work, is converted to an appointment in the Administration
that is identified in paragraph (1) in accordance with an appro-
priate authority.
‘‘(b) The Administrator may pay the travel, transportation,
and relocation expenses of a new appointee to the same extent,
in the same manner, and subject to the same conditions as the
payment of such expenses under sections 5724, 5724a, 5724b, and
5724c to an employee transferred in the interests of the United
States Government.
‘‘§ 9812. Annual leave enhancements
‘‘(a) In this section—
‘‘(1) the term ‘newly appointed employee’ means an indi-
vidual who is first appointed—
‘‘(A) as an employee of the Federal Government; or
‘‘(B) as an employee of the Federal Government fol-
lowing a break in service of at least 90 days after that
individual’s last period of Federal employment, other
than—
‘‘(i) employment under the Student Educational
Employment Program administered by the Office of
Personnel Management;
‘‘(ii) employment as a law clerk trainee;
‘‘(iii) employment under a short-term temporary
appointing authority while a student during periods
of vacation from the educational institution at which
the student is enrolled;
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‘‘(iv) employment under a provisional appointment
if the new appointment is permanent and immediately
follows the provisional appointment; or
‘‘(v) employment under a temporary appointment
that is neither full-time nor the principal employment
of the individual;
‘‘(2) the term ‘period of qualified non-Federal service’ means
any period of service performed by an individual that—
‘‘(A) was performed in a position the duties of which
were directly related to the duties of the position in the
Administration which that individual will fill as a newly
appointed employee; and
‘‘(B) except for this section, would not otherwise be
service performed by an employee for purposes of section
6303; and
‘‘(3) the term ‘directly related to the duties of the position’
means duties and responsibilities in the same line of work
which require similar qualifications.
‘‘(b)(1) For purposes of section 6303, the Administrator may
deem a period of qualified non-Federal service performed by a
newly appointed employee to be a period of service of equal length
performed as an employee.
‘‘(2) A decision under paragraph (1) to treat a period of qualified
non-Federal service as if it were service performed as an employee
shall continue to apply so long as that individual serves in or
under the Administration.
‘‘(c)(1) Notwithstanding section 6303(a), the annual leave
accrual rate for an employee of the Administration in a position
paid under section 5376 or 5383, or for an employee in an equivalent
category whose rate of basic pay is greater than the rate payable
at GS–15, step 10, shall be 1 day for each full biweekly pay period.
‘‘(2) The accrual rate established under this subsection shall
continue to apply to the employee so long as such employee serves
in or under the Administration.
‘‘§ 9813. Limited appointments to Senior Executive Service
positions
‘‘(a) In this section—
‘‘(1) the term ‘career reserved position’ means a position
in the Administration designated under section 3132(b) which
may be filled only by—
‘‘(A) a career appointee; or
‘‘(B) a limited emergency appointee or a limited term
appointee—
‘‘(i) who, immediately before entering the career
reserved position, was serving under a career or career-
conditional appointment outside the Senior Executive
Service; or
‘‘(ii) whose limited emergency or limited term
appointment is approved in advance by the Office of
Personnel Management;
‘‘(2) the term ‘limited emergency appointee’ has the
meaning given under section 3132; and
‘‘(3) the term ‘limited term appointee’ means an individual
appointed to a Senior Executive Service position in the Adminis-
tration to meet a bona fide temporary need, as determined
by the Administrator.
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‘‘(b) The number of career reserved positions which are filled
by an appointee as described under subsection (a)(1)(B) may not
exceed 10 percent of the total number of Senior Executive Service
positions allocated to the Administration.
‘‘(c) Notwithstanding sections 3132 and 3394(b)—
‘‘(1) the Administrator may appoint an individual to any
Senior Executive Service position in the Administration as a
limited term appointee under this section for a period of—
‘‘(A) 4 years or less to a position the duties of which
will expire at the end of such term; or
‘‘(B) 1 year or less to a position the duties of which
are continuing; and
‘‘(2) in rare circumstances, the Administrator may authorize
an extension of a limited appointment under—
‘‘(A) paragraph (1)(A) for a period not to exceed 2
years; and
‘‘(B) paragraph (1)(B) for a period not to exceed 1
year.
‘‘(d) A limited term appointee who has been appointed in the
Administration from a career or career-conditional appointment
outside the Senior Executive Service shall have reemployment
rights in the agency from which appointed, or in another agency,
under requirements and conditions established by the Office of
Personnel Management. The Office shall have the authority to
direct such placement in any agency.
‘‘(e) Notwithstanding section 3394(b) and section 3395—
‘‘(1) a limited term appointee serving under a term pre-
scribed under this section may be reassigned to another Senior
Executive Service position in the Administration, the duties
of which will expire at the end of a term of 4 years or less;
and
‘‘(2) a limited term appointee serving under a term pre-
scribed under this section may be reassigned to another con-
tinuing Senior Executive Service position in the Administration,
except that the appointee may not serve in 1 or more positions
in the Administration under such appointment in excess of
1 year, except that in rare circumstances, the Administrator
may approve an extension up to an additional 1 year.
‘‘(f) A limited term appointee may not serve more than 7
consecutive years under any combination of limited appointments.
‘‘(g) Notwithstanding section 5384, the Administrator may
authorize performance awards to limited term appointees in the
Administration in the same amounts and in the same manner
as career appointees.
‘‘§ 9814. 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 qualifications; and
‘‘(2) is assigned—
‘‘(A) new duties, without a change of position; or
‘‘(B) to a new position.
‘‘(b) If an exercise of the authority under this section relates
to a current employee selected for another position within the
Administration, a determination shall be made that the employee’s
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contribution in the new position will exceed that in the former
position, before setting pay under this section.
‘‘(c) Pay as set under this section is basic pay for such purposes
as pay set under section 5334.
‘‘(d) If the employee serves for at least 1 year in the position
for which the pay determination under this section was made,
or a successor position, the pay earned under such position may
be used in succeeding actions to set pay under chapter 53.
‘‘(e) Before setting any employee’s pay under this section, the
Administrator shall submit a plan to the Office of Personnel
Management and the appropriate committees of Congress, that
includes—
‘‘(1) criteria for approval of actions to set pay under this
section;
‘‘(2) the level of approval required to set pay under this
section;
‘‘(3) all types of actions and positions to be covered;
‘‘(4) the relationship between the exercise of authority
under this section and the use of other pay incentives; and
‘‘(5) a process to evaluate the effectiveness of this section.
‘‘§ 9815. 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 subsections
(b) and (c) of section 9804 during the preceding fiscal year.
Such summary shall include the total amount of bonuses paid,
the total number of bonuses paid, the percentage of the amount
of bonuses awarded to supervisors and management officials,
and the average percentage used to calculate the total average
bonus amount, under each of those subsections.
‘‘(2) A summary of all bonuses paid under subsections
(b) and (c) of section 9805 during the preceding fiscal year.
Such summary shall include the total amount of bonuses paid,
the total number of bonuses paid, the percentage of the amount
of bonuses awarded to supervisors and management officials,
and the average percentage used to calculate the total average
bonus amount, under each of those subsections.
‘‘(3) The total number of term appointments converted
during the preceding fiscal year under section 9806 and, of
that total number, the number of conversions that were made
to address a critical need described in the workforce plan pursu-
ant to section 9802(b)(2).
‘‘(4) The number of positions for which the rate of basic
pay was fixed under section 9807 during the preceding fiscal
year, the number of positions for which the rate of basic pay
under such section was terminated during the preceding fiscal
year, and the number of times the rate of basic pay was
fixed under such section to address a critical need described
in the workforce plan pursuant to section 9802(b)(2).
‘‘(5) The number of scholarships awarded under section
9809 during the preceding fiscal year and the number of schol-
arship recipients appointed by the Administration during the
preceding fiscal year.
Deadline.
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‘‘(6) The total number of distinguished scholar appoint-
ments made under section 9810 during the preceding fiscal
year and, of that total number, the number of appointments
that were made to address a critical need described in the
workforce plan pursuant to section 9802(b)(2).
‘‘(7) The average amount paid per appointee, and the
largest amount paid to any appointee, under section 9811
during the preceding fiscal year for travel and transportation
expenses.
‘‘(8) The total number of employees who were awarded
enhanced annual leave under section 9812 during the preceding
fiscal year; of that total number, the number of employees
who were serving in a position addressing a critical need
described in the workforce plan pursuant to section 9802(b)(2);
and, for employees in each of those respective groups, the
average amount of additional annual leave such employees
earned in the preceding fiscal year (over and above what they
would have earned absent section 9812).
‘‘(9) The total number of appointments made under section
9813 during the preceding fiscal year and, of that total number,
the number of appointments that were made to address a
critical need described in the workforce plan pursuant to section
9802(b)(2).
‘‘(10) The number of employees for whom the Administrator
set the pay under section 9814 during the preceding fiscal
year and the number of times pay was set under such section
to address a critical need described in the workforce plan pursu-
ant to section 9802(b)(2).
‘‘(11) A summary of all recruitment, relocation, redesigna-
tion, and retention bonuses paid under authorities other than
this chapter and excluding the authorities provided in sections
5753 and 5754 of this title, during the preceding fiscal year.
Such summary shall include, for each type of bonus, the total
amount of bonuses paid, the total number of bonuses paid,
the percentage of the amount of bonuses awarded to supervisors
and management officials, and the average percentage used
to calculate the total average bonus amount.’’.
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LEGISLATIVE HISTORY—S. 610 (H.R. 1085):
HOUSE REPORTS: No. 108–244, Pt. 1, accompanying H.R. 1085 (Comm. on
Science).
SENATE REPORTS: No. 108–113 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD:
Vol. 149 (2003): Nov. 24, considered and passed Senate.
Vol. 150 (2004): Jan. 28, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
Feb. 24, Presidential statement.
(b) CLERICAL AMENDMENT.—The table of chapters for part III
of title 5, United States Code, is amended by inserting after the
item relating to chapter 97 the following:
‘‘98. National Aeronautics and Space Administration ......................................... 9801’’.
Approved February 24, 2004.
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