S.Amdt. 2112

SA 2112. Mr. PETERS submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to
establish a new Directorate for Technology and Innovation in the
National Science Foundation, to establish a regional technology hub
program, to require a strategy and report on economic security,
science, research, innovation, manufacturing, and job creation, to
establish a critical supply chain resiliency program, and for other
purposes; which was ordered to lie on the table; as follows:

On page 61, on line 20, insert ``Appointment as a program
director under this section shall be voluntary.'' after
``tor.''
Beginning on page 113, strike line 24 and all that follows
through line 3 on page 115 and insert the following:
(3) Direct hire authority.--
(A) In general.--During fiscal year 2021 and any fiscal
year thereafter, the head of any Federal agency may appoint,
without regard to the provisions of subchapter I of chapter
33 of title 5, United States Code, other than sections 3303,
3304(b), and 3328 of that title, a qualified candidate
described in subparagraph (B) directly to a position in the
competitive service with the Federal agency for which the
candidate meets Office of Personnel Management qualification
standards.
(B) Fellowship or temporary rotational posting.--
Subparagraph (A) applies with respect to a former recipient
of an award under this subsection who--

[[Page S3961]]

(i) earned a doctoral degree in a STEM field from an
institution of higher education; and
(ii) successfully fulfilled the requirements of the
fellowship or temporary rotational posting within a Federal
agency.
(C) Limitation.--The direct hire authority under this
paragraph shall be exercised with respect to a specific
qualified candidate not later than 2 years after the date
that the candidate completed the requirements related to the
fellowship or temporary rotational posting described under
this subsection.
(D) Number.--The number of employees appointed and retained
by the Federal Government under this paragraph shall not
exceed 10 at any time.
Strike section 2204 and insert the following:

SEC. 2204. PERSONNEL MANAGEMENT AUTHORITIES FOR THE
FOUNDATION.

(a) Study.--Not later than 30 days after the date of
enactment of this division, the Director shall contract with
the National Academy of Public Administration to conduct a
study on the organizational and management structure of the
Foundation, to--
(1) evaluate and make recommendations to efficiently and
effectively implement the Directorate for Technology and
Innovation;
(2) evaluate and make recommendations to ensure
coordination of the Directorate for Technology and Innovation
with other directorates and offices of the Foundation and
other Federal agencies; and
(3) make recommendations for the management of the
Foundation's business and personnel practices, including
implementation of the new hiring authorities and program
director authorities provided in section 2103.
(b) Review.--Upon completion of the study under paragraph
(1), the Foundation shall review the recommendations from the
National Academy of Public Administration and provide a
briefing to Congress on the plans of the Foundation to
implement any such recommendations.
Strike section 2665 and insert the following:

SEC. 2665. APPOINTMENT AND COMPENSATION PILOT PROGRAM.

(a) Definition of Covered Provisions.--In this section, the
term ``covered provisions'' means--
(1) section 2301 of title 5, United States Code;
(2) section 2302 of that title;
(3) chapter 71 of that title;
(4) chapter 72 of that title; and
(5) chapter 73 of that title.
(b) Establishment.--There is established a 3-year pilot
program under which the Administrator may--
(1) appoint and manage not more than 3,000 designated
personnel of the Administration; and
(2) notwithstanding section 20113 of title 51, United
States Code--
(A) notwithstanding any provision of title 5, United States
Code, except the covered provisions, appoint and manage not
more than 500 of the personnel appointed and managed under
paragraph (1); and
(B) fix the compensation of the personnel appointed and
managed under paragraph (1) without regard to chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
at a rate that does not exceed the per annum rate of salary
of the Vice President of the United States under section 104
of title 3, United States Code.
(c) Administrator Responsibilities.--In carrying out the
pilot program established under subsection (b), the
Administrator shall ensure that the pilot program--
(1) uses--
(A) state-of-the-art recruitment techniques;
(B) simplified classification methods with respect to
personnel of the Administration; and
(C) broad banding; and
(2) offers--
(A) competitive compensation; and
(B) the opportunity for career mobility.
(d) Report.--Not later than 2 years after the date of the
enactment of this division, the Administrator shall submit to
the appropriate committees of Congress a report that--
(1) describes in detail--
(A) the use of the pilot program hiring authority under
this section, including pay, qualifications, and
classification of individuals hired under such authority;
(B) the methods for recruitment under the program; and
(C) efforts being made by the NASA to address any
compensation equity issue that may arise as a result of the
program;
(2) analyzes the impact of the program on participants,
disaggregated by demographic factors including age, race,
ethnicity, gender, education, compensation, and job
classification;
(3) compares the demographics of the program participants
with the demographics of NASA employees outside the program;
(4) assesses the morale and engagement of the NASA
workforce participating in the program, as compared to the
morale and engagement of the NASA workforce outside the
program; and
(5) makes recommendations with respect to the continuation,
modification, or permanent codification of the program.
Strike section 2669 and insert the following:

SEC. 2669. SEPARATIONS AND RETIREMENT INCENTIVES.

(a) Voluntary Separation Incentive Payments.--
Subchapter II of chapter 35 of title 5, United States Code,
is amended--
(1) in section 3521--
(A) by striking paragraph (1) and inserting the following:
``(1) `agency'--
``(A) means an Executive agency as defined under section
105 (other than the Government Accountability Office); and
``(B) includes the National Aeronautics and Space
Administration; and''; and
(B) in paragraph (2)--
(i) in subparagraph (A)(ii), by striking ``and'' at the
end;
(ii) in subparagraph (B)(vi)(III), by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) shall include an employee of the National Aeronautics
and Space Administration appointed in accordance with
paragraph (1) or (2) of section 20113(b) of title 51, without
regard to any other provision of such section 20113(b).'';
and
(2) in section 3523(b)(3)(B), by inserting ``(or, during
the 7-year period beginning on the date of enactment of the
United States Innovation and Competition Act of 2021, with
respect to an employee of the National Aeronautics and Space
Administration, including an employee described in section
3521(2)(C), not to exceed $40,000)'' after ``$25,000''.
(b) Early Retirement.--Title 5, United States Code, is
amended--
(1) in section 8336(d), in the matter preceding paragraph
(1), by inserting ``(including, for the purposes of paragraph
(2), an employee of the National Aeronautics and Space
Administration appointed in accordance with paragraph (1) or
(2) of section 20113(b) of title 51, without regard to any
other provision of such section 20113(b))'' after ``An
employee''; and
(2) in section 8414(b)(1), in the matter preceding
subparagraph (A), by inserting ``(including, for the purposes
of subparagraph (B), an employee of the National Aeronautics
and Space Administration appointed in accordance with
paragraph (1) or (2) of section 20113(b) of title 51, without
regard to any other provision of such section 20113(b))''
after ``an employee''.
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