H.R. 1836House108th Congress (2003-2005)In Committee

Civil Service and National Security Personnel Improvement Act

Sponsored by Tom DavisRep. Tom Davis (R-VA)
Introduced April 29, 2003

Legislative Activity

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14 earlier actions
HouseCalendars Latest Action

Placed on the Union Calendar, Calendar No. 131.

July 25, 2003

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HouseIntro Referral

Introduced in House

April 29, 2003

HouseIntro Referral

Referred to the Committee on Government Reform, and in addition to the Committees on Armed Services, and Science, 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.

April 29, 2003

HouseCommittee

Referred to the Subcommittee on Space and Aeronautics.

April 30, 2003

HouseCommittee

Committee Hearings Held.

May 5, 2003

HouseCommittee

Committee Consideration and Mark-up Session Held.

May 7, 2003

HouseCommittee

Ordered to be Reported (Amended) by Voice Vote.

May 7, 2003

HouseCommittee

Reported (Amended) by the Committee on Government Reform. H. Rept. 108-116, Part I.

May 19, 2003

HouseIntro Referral

House Committee on Armed Services Granted an extension for further consideration ending not later than May 20, 2003.

May 19, 2003

HouseIntro Referral

House Committee on Science Granted an extension for further consideration ending not later than July 25, 2003.

May 19, 2003

HouseIntro Referral

House Committee on Armed Services Granted an extension for further consideration ending not later than July 25, 2003.

May 20, 2003

HouseIntro Referral

Referred sequentially to the House Committee on Ways and Means for a period ending not later than July 25, 2003 for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(s), rule X.

June 3, 2003

HouseCommittee

Committee on Armed Services discharged.

July 25, 2003

HouseCommittee

Committee on Science discharged.

July 25, 2003

HouseCommittee

Committee on Ways and Means discharged.

July 25, 2003

HouseCalendars

Placed on the Union Calendar, Calendar No. 131.

July 25, 2003

Floor Debate

24 members

What members said about H.R. 1836 on the floor

10 Republicans14 Democrats
Kent Conrad
Sen. Kent ConradD-ND · Apr 11, 2003

Mr. President, this is, I believe, the worst budget this Chamber has considered perhaps in its history. It is radical, reckless, dangerous, and extreme. At a time of record budget deficits, it…

Don Nickles
Sen. Don NicklesR-OK · Apr 11, 2003

Mr. President, I ask unanimous consent that the Senate now proceed to the consideration of the conference report to accompany H. Con. Res 95, the concurrent budget resolution for fiscal year 2004.…

Paul S. Sarbanes
Sen. Paul S. SarbanesD-MD · Apr 11, 2003

Will the Senator yield for a question? If you count in the additional interest costs which would have to be incurred to do this tax cut because of the borrowing that would be necessary to fill the…

Mike Crapo
Sen. Mike CrapoR-ID · Apr 11, 2003

Will the Senator yield? Mr. President, I ask unanimous consent that the vote on the adoption of the pending budget conference report occur at 4 p.m. today, with the time until then divided equally…

Edward M. Kennedy
Sen. Edward M. KennedyD-MA · Apr 11, 2003

Mr. President, the budget that passed the Senate 2 weeks ago was not a good one. The budget which returned from conference today is much, much worse. It provides for far larger tax cuts--totaling…

Show 8 more
Byron L. Dorgan
Sen. Byron L. DorganD-ND · Apr 11, 2003

Reserving the right to object. Reserving the right to object, I just had a chance to visit for a moment with the Senator from Nevada. I would like to be able to speak for 20 minutes between now and…

Bill Nelson
Sen. Bill NelsonD-FL · Apr 11, 2003

The good ranking member of our committee was going to allocate 10 minutes to me. For that to come from the senior colleague of my State, who not only can I call friend but also my senior Senator, my…

Thomas A. Daschle
Sen. Thomas A. DaschleD-SD · Apr 11, 2003

Mr. President, I appreciate this colloquy. The distinguished Senator from North Dakota did everything within his power to reach the bipartisan consensus required to achieve a budget last year. I give…

Arlen Specter
Sen. Arlen SpecterR-PA · Apr 11, 2003

Mr. President, I have sought recognition to comment about the pending budget resolution. I was very much impressed with the comment by the distinguished Senator from North Dakota who really…

Carl Levin
Sen. Carl LevinD-MI · Apr 11, 2003

Mr. President, the budget before the Senate, like the President's budget which it reflects, represents the wrong priorities: Too many ill-advised cuts in too many critical area to help pay for a tax…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Apr 11, 2003

Mr. President, I reduced the time I requested because I know I have colleagues on the floor seeking recognition and we want to wrap this up in a timely way. Let me say to those following this debate,…

Rob Simmons
Rep. Rob SimmonsR-CT-2 · May 22, 2003

Mr. Chairman, I thank the gentleman for yielding me time. I support this amendment wholeheartedly in part because it contains a provision requesting a report from the Secretary of Defense which I…

Bob Graham
Sen. Bob GrahamD-FL · Apr 11, 2003

Yes. I thank the Senator. Mr. President, the real priorities of the President and those who wrote this budget can be seen by comparing two numbers: The tax cuts authorized in this resolution total…

Show 11 more
Mac Collins
Rep. Mac CollinsR-GA-8 · Jan 8, 2003

Mr. Speaker, I rise today to introduce several tax-based reform bills which will have a positive impact on our current economy. They are measures which will stimulate growth, eliminate outdated,…

Curt Weldon
Rep. Curt WeldonR-PA-7 · May 22, 2003

Mr. Chairman, I thank my chairman for yielding time to me. If for no other reason, I would ask my colleagues to look at this amendment en bloc because it contains perhaps one of the most significant…

Harry Reid
Sen. Harry ReidD-NV · Apr 11, 2003

Mr. President, I ask the Budget Committee chairman if he will yield for a question. As I said a few minutes ago, on our side there is real angst as to when we might finish this budget conference…

Jon C. Porter
Rep. Jon C. PorterR-NV-3 · May 22, 2003

Mr. Chairman, I rise today to thank the chairman for including my amendment. The Defense Department conducts studies on the effects of perchlorate on human beings. Perchlorate, a major ingredient in…

Marcy Kaptur
Rep. Marcy KapturD-OH-9 · May 22, 2003

Mr. Chairman, I would like to thank the fine gentleman from Missouri (Mr. Skelton) for yielding me time, the ranking member on Defense, and also the chairman, my good friend, the gentleman from…

Joel Hefley
Rep. Joel HefleyR-CO-5 · May 22, 2003

Mr. Chairman, I would like to be recognized for the purpose of a colloquy with the gentleman from Montana (Mr. Rehberg). I have an amendment in here that is trying to get rid of the bureaucratic…

Dale E. Kildee
Rep. Dale E. KildeeD-MI-5 · May 22, 2003

Mr. Chairman, I thank the gentleman for yielding time to me. Mr. Chairman, I rise to support the Kline amendment, but I believe we need to point out the realities of this legislation. Mr. Chairman,…

Bob Goodlatte
Rep. Bob GoodlatteR-VA-6 · May 22, 2003

Mr. Chairman, will the gentleman yield? Mr. Chairman, I would like to direct to the chairman of the committee, the gentleman from California, the concerns that I have as chairman of the Committee on…

John F. Tierney
Rep. John F. TierneyD-MA-6 · May 22, 2003

Mr. Chairman, I thank the gentleman for yielding time to me. Mr. Chairman, I have introduced the Build America Act Amendment, which is a step towards ensuring that the United States defense jobs are…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-8 · May 22, 2003

Mr. Chairman, I thank the gentleman for yielding me time. I thank the chairman and ranking member for including in this en bloc amendment, which I support, my amendment which I will address now. Mr.…

Duncan Hunter
Rep. Duncan HunterR-CA-52 · May 22, 2003

Mr. Chairman, I yield 2 minutes to the distinguished gentleman from Pennsylvania (Mr. Weldon), chairman of the Subcommittee on Tactical Air and Land Forces, and the vice-chairman of the full…

Bill Text

2 versions available

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Latest
Reported in HouseIssued July 25, 2003
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1836 Reported in House (RH)]

Union Calendar No. 131
108th CONGRESS
1st Session
H. R. 1836

[Report No. 10809116, Part I]

To make changes to certain areas of the Federal civil service in order
to improve the flexibility and competitiveness of Federal human
resources management.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

April 29, 2003

Mr. Tom Davis of Virginia (for himself and Mr. Hunter) introduced the
following bill; which was referred to the Committee on Government
Reform, and in addition to the Committees on Armed Services and
Science, 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

May 19, 2003

Reported from the Committee on Government Reform with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]

May 19, 2003

Referral to the Committee on Armed Services extended for a period
ending not later than May 20, 2003

May 19, 2003

Referral to the Committee on Science extended for a period ending not
later than July 25, 2003

May 20, 2003

Referral to the Committee on Armed Services extended for a period
ending not later than July 25, 2003

June 3, 2003

Referred to the Committee on Ways and Means for a period ending not
later than July 25, 2003 for consideration of such provisions of the
bill and amendment as fall within the jurisdiction of that committee
pursuant to clause 1(s), rule X

July 25, 2003

Committees on Armed Services, Science, Ways and Means discharged;
committed to the Committee of the Whole House on the State of the
Union, and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on April
29, 2003]

_______________________________________________________________________

A BILL

To make changes to certain areas of the Federal civil service in order
to improve the flexibility and competitiveness of Federal human
resources management.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Civil Service and
National Security Personnel Improvement Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.

TITLE I--DEPARTMENT OF DEFENSE NATIONAL SECURITY PERSONNEL SYSTEM

Sec. 101. Short title.
Sec. 102. Department of Defense national security personnel system.

TITLE II--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL

Sec. 201. Modification of the overtime pay cap.
Sec. 202. Civil Service Retirement System computation for part-time
service.
Sec. 203. Military leave for mobilized Federal civilian employees.
Sec. 204. Common occupational and health standards for differential
payments as a consequence of exposure to
asbestos.
Sec. 205. Increase in annual student loan repayment authority.
Sec. 206. Authorization for cabinet secretaries, secretaries of
military departments, and heads of
executive agencies to be paid on a biweekly
basis.
Sec. 207. Additional classes of individuals eligible to participate in
the Federal long-term care insurance
program.
Sec. 208. Clarification to Hatch Act; limitation on disclosure of
certain records.
Sec. 209. Senior Executive Service and performance.
Sec. 210. Design elements of pay-for-performance systems in
demonstration projects.
Sec. 211. Federal flexible benefits plan administrative costs.
Sec. 212. Nonreduction in pay while Federal employee is serving on
active duty in a reserve component of the
uniformed services.
Sec. 213. Employee surveys.

TITLE III--PROVISIONS RELATING TO THE SECURITIES AND EXCHANGE
COMMISSION AND THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Subtitle A--Securities and Exchange Commission

Sec. 301. Securities and Exchange Commission.

Subtitle B--National Aeronautics and Space Administration

Sec. 311. Workforce authorities and personnel provisions.

TITLE IV--HUMAN CAPITAL PERFORMANCE FUND

Sec. 401. Human Capital Performance Fund.

TITLE V--MISCELLANEOUS

Sec. 501. Prohibition on use of quotas.

TITLE I--DEPARTMENT OF DEFENSE NATIONAL SECURITY PERSONNEL SYSTEM

SEC. 101. SHORT TITLE.

This title may be cited as the ``National Security Personnel System
Act''.

SEC. 102. DEPARTMENT OF DEFENSE NATIONAL SECURITY PERSONNEL SYSTEM.

(a) In General.--(1) Subpart I of part III of title 5, United
States Code, is amended by adding at the end the following new chapter:

``CHAPTER 99--DEPARTMENT OF DEFENSE NATIONAL SECURITY PERSONNEL SYSTEM

``Sec.
``9901. Definitions.
``9902. Establishment of human resources management system.
``9903. Attracting highly qualified experts.
``9904. Employment of older Americans.
``9905. Special pay and benefits for certain employees outside the
United States.
``Sec. 1A9901. Definitions
``For purposes of this chapter--
``(1) the term `Director' means the Director of the Office
of Personnel Management; and
``(2) the term `Secretary' means the Secretary of Defense.
``Sec. 1A9902. Establishment of human resources management system
``(a) In General.--Notwithstanding any other provision of this
part, the Secretary may, in regulations prescribed jointly with the
Director, establish, and from time to time adjust, a human resources
management system for some or all of the organizational or functional
units of the Department of Defense. If the Secretary certifies that
issuance or adjustment of a regulation, or the inclusion, exclusion, or
modification of a particular provision therein, is essential to the
national security, the Secretary may, subject to the decision of the
President, waive the requirement in the preceding sentence that the
regulation or adjustment be issued jointly with the Director.
``(b) System Requirements.--Any system established under subsection
(a) shall--
``(1) be flexible;
``(2) be contemporary;
``(3) not waive, modify, or otherwise affect--
``(A) the public employment principles of merit and
fitness set forth in section 2301, including the
principles of hiring based on merit, fair treatment
without regard to political affiliation or other
nonmerit considerations, equal pay for equal work, and
protection of employees against reprisal for
whistleblowing;
``(B) any provision of section 2302, relating to
prohibited personnel practices;
``(C)(i) any provision of law referred to in
section 2302(b)(1), (8), and (9); or
``(ii) any provision of law implementing any
provision of law referred to in section 2302(b)(1),
(8), and (9) by--
``(I) providing for equal employment
opportunity through affirmative action; or
``(II) providing any right or remedy
available to any employee or applicant for
employment in the public service;
``(D) any other provision of this part (as
described in subsection (c)); or
``(E) any rule or regulation prescribed under any
provision of law referred to in this paragraph;
``(4) ensure that employees may organize, bargain
collectively as provided for in this chapter, and participate
through labor organizations of their own choosing in decisions
which affect them, subject to the provisions of this chapter
and any exclusion from coverage or limitation on negotiability
established pursuant to law;
``(5) not be limited by any specific law or authority under
this title that is waivable under this chapter or by any
provision of this chapter or any rule or regulation prescribed
under this title that is waivable under this chapter, except as
specifically provided for in this section; and
``(6) include a performance management system that
incorporates the following elements:
``(A) Adherence to merit principles set forth in
section 2301.
``(B) A fair, credible, and transparent employee
performance appraisal system.
``(C) A link between the performance management
system and the agency's strategic plan.
``(D) A means for ensuring employee involvement in
the design and implementation of the system.
``(E) Adequate training and retraining for
supervisors, managers, and employees in the
implementation and operation of the performance
management system.
``(F) A process for ensuring ongoing performance
feedback and dialogue between supervisors, managers,
and employees throughout the appraisal period, and
setting timetables for review;
``(G) Effective safeguards to ensure that the
management of the system is fair and equitable and
based on employee performance.
``(H) A means for ensuring that adequate agency
resources are allocated for the design, implementation,
and administration of the performance management
system.
``(c) Other Nonwaivable Provisions.--The other provisions of this
part referred to in subsection (b)(3)(D) are (to the extent not
otherwise specified in this title)--
``(1) subparts A, B, E, G, and H of this part; and
``(2) chapters 41, 45, 47, 55 (except subchapter V
thereof), 57, 59, 72, 73, and 79, and this chapter.
``(d) Limitations Relating to Pay.--(1) Nothing in this section
shall constitute authority to modify the pay of any employee who serves
in an Executive Schedule position under subchapter II of chapter 53 of
this title.
``(2) Except as provided for in paragraph (1), the total amount in
a calendar year of allowances, differentials, bonuses, awards, or other
similar cash payments paid under this title to any employee who is paid
under section 5376 or 5383 of this title or under title 10 or under
other comparable pay authority established for payment of Department of
Defense senior executive or equivalent employees may not exceed the
total annual compensation payable to the Vice President under section
104 of title 3.
``(3) To the maximum extent practicable, the rates of compensation
for civilian employees at the Department of Defense shall be adjusted
at the same rate, and in the same proportion, as are rates of
compensation for members of the uniformed services.
``(e) Provisions To Ensure Collaboration With Employee
Representatives.--(1) In order to ensure that the authority of this
section is exercised in collaboration with, and in a manner that
ensures the participation of, employee representatives in the planning,
development, and implementation of any human resources management
system or adjustments to such system under this section, the Secretary
and the Director shall provide for the following:
``(A) The Secretary and the Director shall, with respect to
any proposed system or adjustment--
``(i) provide to the employee representatives
representing any employees who might be affected a
written description of the proposed system or
adjustment (including the reasons why it is considered
necessary);
``(ii) give such representatives at least 30
calendar days (unless extraordinary circumstances
require earlier action) to review and make
recommendations with respect to the proposal; and
``(iii) give any recommendations received from such
representatives under clause (ii) full and fair
consideration in deciding whether or how to proceed
with the proposal.
``(B) Following receipt of recommendations, if any, from
such employee representatives with respect to a proposal
described in subparagraph (A), the Secretary and the Director
shall accept such modifications to the proposal in response to
the recommendations as they determine advisable and shall, with
respect to any parts of the proposal as to which they have not
accepted the recommendations--
``(i) notify Congress of those parts of the
proposal, together with the recommendations of the
employee representatives;
``(ii) meet and confer for not less than 30
calendar days with the employee representatives, in
order to attempt to reach agreement on whether or how
to proceed with those parts of the proposal; and
``(iii) at the Secretary's option, or if requested
by a majority of the employee representatives
participating, use the services of the Federal
Mediation and Conciliation Service during such meet and
confer period to facilitate the process of attempting
to reach agreement.
``(C)(i) Any part of the proposal as to which the
representatives do not make a recommendation, or as to which
the recommendations are accepted by the Secretary and the
Director, may be implemented immediately.
``(ii) With respect to any parts of the proposal as to
which recommendations have been made but not accepted by the
Secretary and the Director, at any time after 30 calendar days
have elapsed since the initiation of the congressional
notification, consultation, and mediation procedures set forth
in subparagraph (B), if the Secretary, in his discretion,
determines that further consultation and mediation is unlikely
to produce agreement, the Secretary may implement any or all of
such parts (including any modifications made in response to the
recommendations as the Secretary determines advisable), but
only after 30 days have elapsed after notifying Congress of the
decision to implement the part or parts involved (as so
modified, if applicable).
``(iii) The Secretary shall notify Congress promptly of the
implementation of any part of the proposal and shall furnish
with such notice an explanation of the proposal, any changes
made to the proposal as a result of recommendations from the
employee representatives, and of the reasons why implementation
is appropriate under this subparagraph.
``(D) If a proposal described in subparagraph (A) is
implemented, the Secretary and the Director shall--
``(i) develop a method for the employee
representatives to participate in any further planning
or development which might become necessary; and
``(ii) give the employee representatives adequate
access to information to make that participation
productive.
``(2) The Secretary may, at the Secretary's discretion, engage in
any and all collaboration activities described in this subsection at an
organizational level above the level of exclusive recognition.
``(3) In the case of any employees who are not within a unit with
respect to which a labor organization is accorded exclusive
recognition, the Secretary and the Director may develop procedures for
representation by any appropriate organization which represents a
substantial percentage of those employees or, if none, in such other
manner as may be appropriate, consistent with the purposes of this
subsection.
``(f) Provisions Regarding National Level Bargaining.--(1) Any
human resources management system implemented or modified under this
chapter may include employees of the Department of Defense from any
bargaining unit with respect to which a labor organization has been
accorded exclusive recognition under chapter 71 of this title.
``(2) For any bargaining unit so included under paragraph (1), the
Secretary may bargain at an organizational level above the level of
exclusive recognition. Any such bargaining shall--
``(A) be binding on all subordinate bargaining units at the
level of recognition and their exclusive representatives, and
the Department of Defense and its subcomponents, without regard
to levels of recognition;
``(B) supersede all other collective bargaining agreements,
including collective bargaining agreements negotiated with an
exclusive representative at the level of recognition, except as
otherwise determined by the Secretary;
``(C) not be subject to further negotiations for any
purpose, including bargaining at the level of recognition,
except as provided for by the Secretary; and
``(D) except as otherwise specified in this chapter, not be
subject to review or to statutory third-party dispute
resolution procedures outside the Department of Defense.
``(3) The National Guard Bureau and the Army and Air Force National
Guard are excluded from coverage under this subsection.
``(4) Any bargaining completed pursuant to this subsection with a
labor organization not otherwise having national consultation rights
with the Department of Defense or its subcomponents shall not create
any obligation on the Department of Defense or its subcomponents to
confer national consultation rights on such a labor organization.
``(g) Provisions Relating to Appellate Procedures.--(1) The
Secretary shall--
``(A) establish an appeals process that provides that
employees of the Department of Defense are entitled to fair
treatment in any appeals that they bring in decisions relating
to their employment; and
``(B) in prescribing regulations for any such appeals
process--
``(i) ensure that employees of the Department of
Defense are afforded the protections of due process;
and
``(ii) toward that end, be required to consult with
the Merit Systems Protection Board before issuing any
such regulations.
``(2) Any regulations establishing the appeals process required by
paragraph (1) that relate to any matters within the purview of chapter
77 shall--
``(A) provide for an independent review panel, appointed by
the President, which shall not include the Secretary or the
Deputy Secretary of Defense or any of their subordinates;
``(B) be issued only after--
``(i) notification to the appropriate committees of
Congress; and
``(ii) consultation with the Merit Systems
Protection Board and the Equal Employment Opportunity
Commission;
``(C) ensure the availability of procedures that--
``(i) are consistent with requirements of due
process; and
``(ii) provide, to the maximum extent practicable,
for the expeditious handling of any matters involving
the Department of Defense; and
``(D) modify procedures under chapter 77 only insofar as
such modifications are designed to further the fair, efficient,
and expeditious resolution of matters involving the employees
of the Department of Defense.
``(h) Provisions Related to Separation and Retirement Incentives.--
(1) The Secretary may establish a program within the Department of
Defense under which employees may be eligible for early retirement,
offered separation incentive pay to separate from service voluntarily,
or both. This authority may be used to reduce the number of personnel
employed by the Department of Defense or to restructure the workforce
to meet mission objectives without reducing the overall number of
personnel. This authority is in addition to, and notwithstanding, any
other authorities established by law or regulation for such programs.
``(2) For purposes of this section, the term `employee' means an
employee of the Department of Defense, serving under an appointment
without time limitation, except that such term does not include--
``(A) a reemployed annuitant under subchapter III of
chapter 83 or chapter 84 of this title, or another retirement
system for employees of the Federal Government;
``(B) an employee having a disability on the basis of which
such employee is or would be eligible for disability retirement
under any of the retirement systems referred to in paragraph
(1); or
``(C) for purposes of eligibility for separation incentives
under this section, an employee who is in receipt of a decision
notice of involuntary separation for misconduct or unacceptable
performance.
``(3) An employee who is at least 50 years of age and has completed
20 years of service, or has at least 25 years of service, may, pursuant
to regulations promulgated under this section, apply and be retired
from the Department of Defense and receive benefits in accordance with
chapter 83 or 84 if the employee has been employed continuously within
the Department of Defense for more than 30 days before the date on
which the determination to conduct a reduction or restructuring within
1 or more Department of Defense components is approved pursuant to the
program established under subsection (a).
``(4)(A) Separation pay shall be paid in a lump sum or in
installments and shall be equal to the lesser of--
``(i) an amount equal to the amount the employee would be
entitled to receive under section 5595(c) of this title, if the
employee were entitled to payment under such section; or
``(ii) $25,000.
``(B) Separation pay shall not be a basis for payment, and shall
not be included in the computation, of any other type of Government
benefit. Separation pay shall not be taken into account for the purpose
of determining the amount of any severance pay to which an individual
may be entitled under section 5595 of this title, based on any other
separation.
``(C) Separation pay, if paid in installments, shall cease to be
paid upon the recipient's acceptance of employment by the Federal
Government, or commencement of work under a personal services contract
as described in paragraph (5).
``(5)(A) An employee who receives separation pay under such program
may not be reemployed by the Department of Defense for a 12-month
period beginning on the effective date of the employee's separation,
unless this prohibition is waived by the Secretary on a case-by-case
basis.
``(B) An employee who receives separation pay under this section on
the basis of a separation occurring on or after the date of the
enactment of the Federal Workforce Restructuring Act of 1994 (Public
Law 10309236; 108 Stat. 111) and accepts employment with the Government
of the United States, or who commences work through a personal services
contract with the United States within 5 years after the date of the
separation on which payment of the separation pay is based, shall be
required to repay the entire amount of the separation pay to the
Department of Defense. If the employment is with an Executive agency
(as defined by section 105 of this title) other than the Department of
Defense, the Director may, at the request of the head of that agency,
waive the repayment if the individual involved possesses unique
abilities and is the only qualified applicant available for the
position. If the employment is within the Department of Defense, the
Secretary may waive the repayment if the individual involved is the
only qualified applicant available for the position. If the employment
is with an entity in the legislative branch, the head of the entity or
the appointing official may waive the repayment if the individual
involved possesses unique abilities and is the only qualified applicant
available for the position. If the employment is with the judicial
branch, the Director of the Administrative Office of the United States
Courts may waive the repayment if the individual involved possesses
unique abilities and is the only qualified applicant available for the
position.
``(6) Under this program, early retirement and separation pay may
be offered only pursuant to regulations established by the Secretary,
subject to such limitations or conditions as the Secretary may require.
``(i) Provisions Relating to Reemployment.--If annuitant receiving
an annuity from the Civil Service Retirement and Disability Fund
becomes employed in a position within the Department of Defense, his
annuity shall continue. An annuitant so reemployed shall not be
considered an employee for purposes of chapter 83 or 84.
``(j) Provisions Relating to Hiring.--Notwithstanding subsection
(c), the Secretary may exercise any hiring flexibilities that would
otherwise be available to the Secretary under section 4703.
``Sec. 1A9903. Attracting highly qualified experts
``(a) In General.--The Secretary may carry out a program using the
authority provided in subsection (b) in order to attract highly
qualified experts in needed occupations, as determined by the
Secretary.
``(b) Authority.--Under the program, the Secretary may--
``(1) appoint personnel from outside the civil service and
uniformed services (as such terms are defined in section 2101
of this title) to positions in the Department of Defense
without regard to any provision of this title governing the
appointment of employees to positions in the Department of
Defense;
``(2) prescribe the rates of basic pay for positions to
which employees are appointed under paragraph (1) at rates not
in excess of the maximum rate of basic pay authorized for
senior-level positions under section 5376 of this title, as
increased by locality-based comparability payments under
section 5304 of this title, notwithstanding any provision of
this title governing the rates of pay or classification of
employees in the executive branch; and
``(3) pay any employee appointed under paragraph (1)
payments in addition to basic pay within the limits applicable
to the employee under subsection (d).
``(c) Limitation on Term of Appointment.--(1) Except as provided in
paragraph (2), the service of an employee under an appointment made
pursuant to this section may not exceed 5 years.
``(2) The Secretary may, in the case of a particular employee,
extend the period to which service is limited under paragraph (1) by up
to 1 additional year if the Secretary determines that such action is
necessary to promote the Department of Defense's national security
missions.
``(d) Limitations on Additional Payments.--(1) The total amount of
the additional payments paid to an employee under this section for any
12-month period may not exceed the lesser of the following amounts:
``(A) $50,000 in fiscal year 2004, which may be adjusted
annually thereafter by the Secretary, with a percentage
increase equal to one-half of 1 percentage point less than the
percentage by which the Employment Cost Index, published
quarterly by the Bureau of Labor Statistics, for the base
quarter of the year before the preceding calendar year exceeds
the Employment Cost Index for the base quarter of the second
year before the preceding calendar year.
``(B) The amount equal to 50 percent of the employee's
annual rate of basic pay.
For purposes of this paragraph, the term `base quarter' has the meaning
given such term by section 5302(3).
``(2) An employee appointed under this section is not eligible for
any bonus, monetary award, or other monetary incentive for service
except for payments authorized under this section.
``(3) Notwithstanding any other provision of this subsection or of
section 5307, no additional payments may be paid to an employee under
this section in any calendar year if, or to the extent that, the
employee's total annual compensation will exceed the maximum amount of
total annual compensation payable at the salary set in accordance with
section 104 of title 3.
``(e) Savings Provisions.--In the event that the Secretary
terminates this program, in the case of an employee who, on the day
before the termination of the program, is serving in a position
pursuant to an appointment under this section--
``(1) the termination of the program does not terminate the
employee's employment in that position before the expiration of
the lesser of--
``(A) the period for which the employee was
appointed; or
``(B) the period to which the employee's service is
limited under subsection (c), including any extension
made under this section before the termination of the
program; and
``(2) the rate of basic pay prescribed for the position
under this section may not be reduced as long as the employee
continues to serve in the position without a break in service.
``Sec. 1A9904. Employment of older Americans
``(a) In General.--Notwithstanding any other provision of law, the
Secretary may appoint older Americans into positions in the excepted
service for a period not to exceed 2 years, provided that--
``(1) any such appointment shall not result in--
``(A) the displacement of individuals currently
employed by the Department of Defense (including
partial displacement through reduction of nonovertime
hours, wages, or employment benefits); or
``(B) the employment of any individual when any
other person is in a reduction-in-force status from the
same or substantially equivalent job within the
Department of Defense; and
``(2) the individual to be appointed is otherwise qualified
for the position, as determined by the Secretary.
``(b) Effect on Existing Retirement Benefits.--Notwithstanding any
other provision of law, an individual appointed pursuant to subsection
(a) who otherwise is receiving an annuity, pension, social security
payment, retired pay, or other similar payment shall not have the
amount of said annuity, pension, social security, or other similar
payment reduced as a result of such employment.
``(c) Extension of Appointment.--Notwithstanding subsection (a),
the Secretary may extend an appointment made pursuant to this section
for up to an additional 2 years if the individual employee possesses
unique knowledge or abilities that are not otherwise available to the
Department of Defense.
``(d) Definition.--For purposes of this section, the term `older
American' means any citizen of the United States who is at least 55
years of age.
``Sec. 1A9905. Special pay and benefits for certain employees outside
the United States
``The Secretary may provide to certain civilian employees of the
Department of Defense assigned to activities outside the United States
as determined by the Secretary to be in support of Department of
Defense activities abroad hazardous to life or health or so specialized
because of security requirements as to be clearly distinguishable from
normal Government employment--
``(1) allowances and benefits--
``(A) comparable to those provided by the Secretary
of State to members of the Foreign Service under
chapter 9 of title I of the Foreign Service Act of 1980
(Public Law 9609465, 22 U.S.C. 4081 et seq.) or any
other provision of law; or
``(B) comparable to those provided by the Director
of Central Intelligence to personnel of the Central
Intelligence Agency; and
``(2) special retirement accrual benefits and disability in
the same manner provided for by the Central Intelligence Agency
Retirement Act (50 U.S.C. 2001 et seq.) and in section 18 of
the Central Intelligence Agency Act of 1949 (50 U.S.C.
403r).''.
(2) The table of chapters for part III of such title is amended by
adding at the end of subpart I the following new item:

``99.  Department of Defense National Security Personnel System9901''.
(b) Impact on Department of Defense Civilian Personnel.--(1) Any
exercise of authority under chapter 99 of such title (as added by
subsection (a)), including under any system established under such
chapter, shall be in conformance with the requirements of this
subsection.
(2) No other provision of this Act or of any amendment made by this
Act may be construed or applied in a manner so as to limit, supersede,
or otherwise affect the provisions of this section, except to the
extent that it does so by specific reference to this section.

TITLE II--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL

SEC. 201. MODIFICATION OF THE OVERTIME PAY CAP.

Section 5542(a)(2) of title 5, United States Code, is amended--
(1) by inserting ``the greater of'' before ``one and one-
half''; and
(2) by inserting ``or the hourly rate of basic pay of the
employee'' after ``law)'' the second place it appears.

SEC. 202. CIVIL SERVICE RETIREMENT SYSTEM COMPUTATION FOR PART-TIME
SERVICE.

Section 8339(p) of title 5, United States Code, is amended by
adding at the end the following new paragraphs:
``(3) In the administration of paragraph (1)--
``(A) subparagraph (A) of such paragraph shall apply with
respect to pay for service performed before, on, or after April
7, 1986; and
``(B) subparagraph (B) of such paragraph--
``(i) shall apply with respect to that portion of
any annuity which is attributable to service performed
on or after April 7, 1986; and
``(ii) shall not apply with respect to that portion
of any annuity which is attributable to service
performed before April 7, 1986.
``(4) Paragraph (3) shall be effective with respect to any annuity
entitlement to which is based on a separation from service occurring on
or after the date of the enactment of this paragraph.''.

SEC. 203. MILITARY LEAVE FOR MOBILIZED FEDERAL CIVILIAN EMPLOYEES.

(a) In General.--Subsection (b) of section 6323 of title 5, United
States Code, is amended--
(1) in paragraph (2)--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and at the end of
clause (ii), as so redesignated, by inserting ``or'';
and
(B) by inserting ``(A)'' after ``(2)''; and
(2) by inserting the following before the text beginning
with ``is entitled'':
``(B) performs full-time military service as a result of a
call or order to active duty in support of a contingency
operation as defined in section 101(a)(13) of title 10;''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to military service performed on or after the date of the
enactment of this Act.

SEC. 204. COMMON OCCUPATIONAL AND HEALTH STANDARDS FOR DIFFERENTIAL
PAYMENTS AS A CONSEQUENCE OF EXPOSURE TO ASBESTOS.

(a) Prevailing Rate Systems.--Section 5343(c)(4) of title 5, United
States Code, is amended by inserting before the semicolon at the end
the following: ``, and for any hardship or hazard related to asbestos,
such differentials shall be determined by applying occupational safety
and health standards consistent with the permissible exposure limit
promulgated by the Secretary of Labor under the Occupational Safety and
Health Act of 1970''.
(b) General Schedule Pay Rates.--Section 5545(d) of such title is
amended by inserting before the period at the end of the first sentence
the following: ``, and for any hardship or hazard related to asbestos,
such differentials shall be determined by applying occupational safety
and health standards consistent with the permissible exposure limit
promulgated by the Secretary of Labor under the Occupational Safety and
Health Act of 1970''.
(c) Applicability.--Subject to any vested constitutional property
rights, any administrative or judicial determination after the date of
enactment of this Act concerning backpay for a differential established
under section 5343(c)(4) or 5545(d) of such title shall be based on
occupational safety and health standards described in the amendments
made by subsections (a) and (b).

SEC. 205. INCREASE IN ANNUAL STUDENT LOAN REPAYMENT AUTHORITY.

Section 5379(b)(2)(A) of title 5, United States Code, is amended by
striking ``$6,000'' and inserting ``$10,000''.

SEC. 206. AUTHORIZATION FOR CABINET SECRETARIES, SECRETARIES OF
MILITARY DEPARTMENTS, AND HEADS OF EXECUTIVE AGENCIES TO
BE PAID ON A BIWEEKLY BASIS.

(a) Authorization.--Section 5504 of title 5, United States Code, is
amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by striking the last sentence of both subsection (a)
and subsection (b); and
(3) by inserting after subsection (b) the following:
``(c) For the purposes of this section:
``(1) The term `employee' means--
``(A) an employee in or under an Executive agency;
``(B) an employee in or under the Office of the
Architect of the Capitol, the Botanic Garden, and the
Library of Congress, for whom a basic administrative
workweek is established under section 6101(a)(5) of
this title; and
``(C) an individual employed by the government of
the District of Columbia.
``(2) The term `employee' does not include--
``(A) an employee on the Isthmus of Panama in the
service of the Panama Canal Commission; or
``(B) an employee or individual excluded from the
definition of employee in section 5541(2) of this title
other than an employee or individual excluded by
clauses (ii), (iii), and (xiv) through (xvii) of such
section.
``(3) Notwithstanding paragraph (2), an individual who
otherwise would be excluded from the definition of employee
shall be deemed to be an employee for purposes of this section
if the individual's employing agency so elects, under
guidelines in regulations promulgated by the Office of
Personnel Management under subsection (d)(2).''.
(b) Guidelines.--Subsection (d) of section 5504 of such title, as
redesignated by subsection (a), is amended--
(1) by inserting ``(1)'' after ``(d)''; and
(2) by adding at the end the following new paragraph:
``(2) The Office of Personnel Management shall provide guidelines
by regulation for exemptions to be made by the heads of agencies under
subsection (c)(3). Such guidelines shall provide for such exemptions
only under exceptional circumstances.''.

SEC. 207. ADDITIONAL CLASSES OF INDIVIDUALS ELIGIBLE TO PARTICIPATE IN
THE FEDERAL LONG-TERM CARE INSURANCE PROGRAM.

(a) Certain Employees of the District of Columbia Government.--
Section 9001(1) of title 5, United States Code, is amended by striking
``2105(c),'' and all that follows and inserting ``2105(c).''.
(b) Former Federal Employees Who Would Be Eligible To Begin
Receiving an Annuity Upon Attaining the Requisite Minimum Age.--Section
9001(2) of title 5, United States Code, is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(C) any former employee who, on the basis of his
or her service, would meet all requirements for being
considered an `annuitant' within the meaning of
subchapter III of chapter 83, chapter 84, or any other
retirement system for employees of the Government, but
for the fact that such former employee has not attained
the minimum age for title to annuity.''.
(c) Reservists Transferred to the Retired Reserve Who Are Under Age
60.--Section 9001(4) of title 5, United States Code, is amended by
striking ``including'' and all that follows through ``who has'' and
inserting ``and a member who has been transferred to the Retired
Reserve and who would be entitled to retired pay under chapter 1223 of
title 10 but for not having''.

SEC. 208. CLARIFICATION TO HATCH ACT; LIMITATION ON DISCLOSURE OF
CERTAIN RECORDS.

(a) Clarification to Hatch Act.--No Federal employee or individual
who voluntarily separates from the civil service (including by
transferring to an international organization in the circumstances
described in section 3582(a) of title 5, United States Code) shall be
subject to enforcement of the provisions of section 7326 of such title
(including any loss of rights under subchapter IV of chapter 35 of such
title resulting from any proceeding under such section 7326), except
that this subsection shall not apply in the event that such employee or
individual subsequently becomes reemployed in the civil service. The
preceding sentence shall apply to any complaint which is filed with or
pending before the Merit Systems Protection Board after the date of the
enactment of this Act.
(b) Limitation on Disclosure of Certain Records.--Notwithstanding
any other provision of law, rule, or regulation, nothing described in
paragraph (2) or (3) of use ``q'' of the proposed revisions published
in the Federal Register on July 12, 2001 (66 Fed. Reg. 36613) shall be
considered to constitute a routine use of records maintained by the
Office of Special Counsel.
(c) Definitions.--For purposes of this section--
(1) the term ``Federal employee or individual'' means any
employee or individual, as referred to in section 7326 of title
5, United States Code;
(2) the term ``civil service'' has the meaning given such
term by section 2101 of title 5, United States Code;
(3) the term ``international organization'' has the meaning
given such term by section 3581 of title 5, United States Code;
and
(4) the terms ``routine use'' and ``record'' have the
respective meanings given such terms under section 552a(a) of
title 5, United States Code.

SEC. 209. SENIOR EXECUTIVE SERVICE AND PERFORMANCE.

(a) Senior Executive Pay.--Chapter 53 of title 5, United States
Code, is amended--
(1) in section 5304--
(A) in subsection (g)(2)--
(i) in subparagraph (A) by striking
``subparagraphs (A)09(E)'' and inserting
``subparagraphs (A)09(D)''; and
(ii) in subparagraph (B) by striking
``subsection (h)(1)(F)'' and inserting
``subsection (h)(1)(D)'';
(B) in subsection (h)(1)--
(i) by striking subparagraphs (B) and (C);
(ii) by redesignating subparagraphs (D),
(E), and (F) as subparagraphs (B), (C), and
(D), respectively;
(iii) in clause (ii) by striking ``or'' at
the end;
(iv) in clause (iii) by striking the period
and inserting a semicolon; and
(v) by adding at the end the following new
clauses:
``(iv) a Senior Executive Service position under section
3132;
``(v) a position in the Federal Bureau of Investigation and
Drug Enforcement Administration Senior Executive Service under
section 3151; or
``(vi) a position in a system equivalent to the system in
clause (iv), as determined by the President's Pay Agent
designated under subsection (d).''; and
(C) in subsection (h)(2)(B)--
(i) in clause (i)--
(I) by striking ``subparagraphs (A)
through (E)'' and inserting
``subparagraphs (A) through (C)''; and
(II) by striking ``clause (i) or
(ii)'' and inserting ``clause (i),
(ii), (iii), (iv), (v), or (vii)''; and
(ii) in clause (ii)--
(I) by striking ``paragraph
(1)(F)'' and inserting ``paragraph
(1)(D)''; and
(II) by striking ``clause (i) or
(ii)'' and inserting ``clause (i),
(ii), (iii), (iv), (v), or (vi)'';
(2) by amending section 5382 to read as follows:
``Sec. 1A5382. Establishment of rates of pay for the Senior Executive
Service
``(a) Subject to regulations prescribed by the Office of Personnel
Management, there shall be established a range of rates of basic pay
for the Senior Executive Service, and each senior executive shall be
paid at one of the rates within the range, based on individual
performance, contribution to the agency's performance, or both, as
determined under a rigorous performance management system. The lowest
rate of the range shall not be less than the minimum rate of basic pay
payable under section 5376, and the highest rate, for any position
under this system or an equivalent system as determined by the
President's Pay Agent designated under section 5304(d), shall not
exceed the rate for level III of the Executive Schedule. The payment of
the rates shall not be subject to the pay limitation of section 5306(e)
or 5373.
``(b) Notwithstanding the provisions of subsection (a), the
applicable maximum shall be level II of the Executive Schedule for any
agency that is certified under section 5307 as having a performance
appraisal system which, as designed and applied, makes meaningful
distinctions based on relative performance.
``(c) No employee may suffer a reduction in pay by reason of
transfer from an agency with an applicable maximum rate of pay
prescribed under subsection (b) to an agency with an applicable maximum
rate of pay prescribed under subsection (a).''; and
(3) in section 5383--
(A) in subsection (a) by striking ``which of the
rates established under section 5382 of this title''
and inserting ``which of the rates within a range
established under section 5382''; and
(B) in subsection (c) by striking ``for any pay
adjustment under section 5382 of this title'' and
inserting ``as provided in regulations prescribed by
the Office under section 5385''.
(b) Post-Employment Restrictions.--(1) Clause (ii) of section
207(c)(2)(A) of title 18, United States Code is amended to read as
follows:
``(ii) employed in a position which is not referred
to in clause (i) and for which that person is paid at a
rate of basic pay which is equal to or greater than 96
percent of the rate of basic pay for level II of the
Executive Schedule, or, for a period of 2 years
following the enactment of the Federal Employees Pay
for Performance Act of 2003, a person who, on the day
prior to the enactment of that Act, was employed in a
position which is not referred to in clause (i) and for
which the rate of basic pay, exclusive of any locality-
based pay adjustment under section 5304 or section
5304a of title 5, was equal to or greater than the rate
of basic pay payable for level 5 of the Senior
Executive Service on the day prior to the enactment of
that Act,''.
(2) Subchapter I of chapter 73 of title 5, United States Code, is
amended by inserting at the end the following new section:
``Sec. 1A7302. Post-employment notification
``(a) Not later than the effective date of the amendments made by
sections 3 and 4 of the Federal Employees Pay for Performance Act of
2003, or 180 days after the date of enactment of that Act, whichever is
later, the Office of Personnel Management shall, in consultation with
the Attorney General and the Office of Government Ethics, promulgate
regulations requiring that each Executive branch agency notify any
employee of that agency who is subject to the provisions of section
207(c)(1) of title 18, as a result of the amendment to section
207(c)(2)(A)(ii) of that title by that Act.
``(b) The regulations shall require that notice be given before, or
as part of, the action that affects the employee's coverage under
section 207(c)(1) of title 18, by virtue of the provisions of section
207(c)(2)(A)(ii) of that title, and again when employment or service in
the covered position is terminated.''.
(c) Clerical Amendments.--(1) The table of sections for chapter 53
of title 5, United States Code, is amended by striking the item
relating to section 5382 and inserting the following:

``5382. Establishment of rates of pay for the Senior Executive
Service.''.
(2) The table of sections for chapter 73 of title 5, United States
Code, is amended by adding after the item relating to section 7301 the
following:

``7302. Post-employment notification.''.
(d) Effective Date and Applicability.--(1) The amendments made by
this section shall take effect on the first day of the first pay period
beginning on or after the first January 1 following the date of
enactment of this section.
(2) The amendments made by subsection (a) may not result in a
reduction in the rate of basic pay for any senior executive during the
first year after the effective date of those amendments.
(3) For the purposes of paragraph (2), the rate of basic pay for a
senior executive shall be deemed to be the rate of basic pay set for
the senior executive under section 5383 of title 5, United States Code,
plus applicable locality pay paid to that senior executive, as of the
date of enactment of this Act.

SEC. 210. DESIGN ELEMENTS OF PAY-FOR-PERFORMANCE SYSTEMS IN
DEMONSTRATION PROJECTS.

A pay-for-performance system may not be initiated under chapter 47
of title 5, United States Code, after the date of enactment of this
Act, unless it incorporates the following elements:
(1) adherence to merit principles set forth in section 2301
of such title;
(2) a fair, credible, and transparent employee performance
appraisal system;
(3) a link between elements of the pay-for-performance
system, the employee performance appraisal system, and the
agency's strategic plan;
(4) a means for ensuring employee involvement in the design
and implementation of the system;
(5) adequate training and retraining for supervisors,
managers, and employees in the implementation and operation of
the pay-for-performance system;
(6) a process for ensuring ongoing performance feedback and
dialogue between supervisors, managers, and employees
throughout the appraisal period, and setting timetables for
review;
(7) effective safeguards to ensure that the management of
the system is fair and equitable and based on employee
performance; and
(8) a means for ensuring that adequate agency resources are
allocated for the design, implementation, and administration of
the pay-for-performance system.

SEC. 211. FEDERAL FLEXIBLE BENEFITS PLAN ADMINISTRATIVE COSTS.

(a) In General.--Notwithstanding any other provision of law, an
agency or other employing entity of the Government which provides or
plans to provide a flexible spending account option for its employees
shall not impose any fee with respect to any of its employees in order
to defray the administrative costs associated therewith.
(b) Offset of Administrative Costs.--Each such agency or employing
entity that offers a flexible spending account option under a program
established or administered by the Office of Personnel Management shall
periodically forward to such Office, or entity designated by such
Office, the amount necessary to offset the administrative costs of such
program which are attributable to such agency.
(c) Reports.--(1) The Office shall submit a report to the Committee
on Government Reform of the House of Representatives and the Committee
on Governmental Affairs of the Senate no later than March 31, 2004,
specifying the administrative costs associated with the Governmentwide
program (referred to in subsection (b)) for fiscal year 2003, as well
as the projected administrative costs of such program for each of the 5
fiscal years thereafter.
(2) At the end of each of the first 3 calendar years in which an
agency or other employing entity offers a flexible spending account
option under this section, such agency or entity shall submit a report
to the Office of Management and Budget showing the amount of its
employment tax savings in such year which are attributable to such
option, net of administrative fees paid under section (b).

SEC. 212. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS SERVING ON
ACTIVE DUTY IN A RESERVE COMPONENT OF THE UNIFORMED
SERVICES.

(a) In General.--Subchapter IV of chapter 55 of title 5, United
States Code, is amended by adding at the end the following new section:
``Sec. 1A5538. Nonreduction in pay while serving on active duty in a
reserve component
``(a) An employee who is also a member of a reserve component and
is absent from a position of employment with the Federal Government
under a call or order to serve on active duty for a period of more than
30 days shall be entitled to receive, for each pay period described in
subsection (b), an amount equal to the difference (if any) between--
``(1) the amount of civilian basic pay that would otherwise
have been payable to the employee for such pay period if the
employee's civilian employment with the Government had not been
interrupted by the service on active duty; and
``(2) the amount of military compensation that is payable
to the employee for the service on active duty and is allocable
to such pay period.
``(b)(1) Amounts under this section shall be payable with respect
to each pay period (which would otherwise apply if the employee's
civilian employment had not been interrupted) that occurs--
``(A) while the employee serves on active duty for a period
of more than 30 days;
``(B) while the employee is hospitalized for, or
convalescing from, an illness or injury incurred in, or
aggravated during, the performance of such active duty; or
``(C) during the 14-day period beginning at the end of such
active duty or the end of the period referred to in
subparagraph (B).
``(2) Paragraph (1) shall not apply with respect to a pay period
for which the employee receives civilian basic pay (including by taking
any annual, military, or other paid leave) to which the employee is
entitled by virtue of the employee's civilian employment with the
Government.
``(c) Any amount payable under this section to an employee shall be
paid--
``(1) by employing agency of the employee;
``(2) from the appropriations or fund that would be used to
pay the employee if the employee were in a pay status; and
``(3) to the extent practicable, at the same time and in
the same manner as would civilian basic pay if the employee's
civilian employment had not been interrupted.
``(d) In consultation with the Secretary of Defense, the Office of
Personnel Management shall prescribe such regulations as may be
necessary to carry out this section.
``(e) In consultation with the Office of Personnel Management, the
head of each employing agency shall prescribe procedures to ensure that
the rights under this section apply to the employees of such agency.
``(f) In this section:
``(1) The terms `active duty for a period of more than 30
days', `member', and `reserve component' have the meanings
given such terms in section 101 of title 37.
``(2) The term `civilian basic pay' includes any amount
payable under section 5304 of this title.
``(3) The term `employing agency', as used with respect to
an employee entitled to any payments under this section, means
the agency with respect to which the employee has reemployment
rights under chapter 43 of title 38. The term `agency' has the
meaning given such term in subparagraph (C) of section 2302(a)(2) of
this title, except that the term includes Government corporations and
agencies excluded by clause (i) or (ii) of such subparagraph.
``(4) The term `military compensation' has the meaning
given the term `pay' in section 101(21) of title 37, except
that the term includes allowances provided under chapter 7 of
such title.''.
(b) Clerical Amendment.--The table of sections for chapter 55 of
title 5, United States Code, is amended by inserting after the item
relating to section 5537 the following:

``5538. Nonreduction in pay while serving on active duty in a reserve
component.''.
(c) Application of Amendment.--Section 5538 of title 5, United
States Code, as added by subsection (a), shall apply with respect to
pay periods (as described in subsection (b) of such section) beginning
on or after the date of the enactment of this Act.

SEC. 213. EMPLOYEE SURVEYS.

(a) In General.--Each agency shall conduct an annual survey of its
employees (including survey questions unique to the agency and
questions prescribed under subsection (b)) to assess--
(1) leadership and management practices that contribute to
agency performance; and
(2) employee satisfaction with--
(A) leadership policies and practices;
(B) work environment;
(C) rewards and recognition for professional
accomplishment and personal contributions to achieving
organizational mission;
(D) opportunity for professional development and
growth; and
(E) opportunity to contribute to achieving
organizational mission.
(b) Regulations.--The Office of Personnel Management shall issue
regulations prescribing survey questions that should appear on all
agency surveys under subsection (a) in order to allow a comparison
across agencies.
(c) Availability of Results.--The results of the agency surveys
under subsection (a) shall be made available to the public and posted
on the website of the agency involved, unless the head of such agency
determines that doing so would jeopardize or negatively impact national
security.
(d) Agency Defined.--For purposes of this section, the term
``agency'' means an Executive agency (as defined by section 105 of
title 5, United States Code).

TITLE III--PROVISIONS RELATING TO THE SECURITIES AND EXCHANGE
COMMISSION AND THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Subtitle A--Securities and Exchange Commission

SEC. 301. SECURITIES AND EXCHANGE COMMISSION.

(a) In General.--Subchapter I of chapter 31 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 1A3114. Appointment of accountants, economists, and examiners by
the Securities and Exchange Commission
``(a) Applicability.--This section applies with respect to any
position of accountant, economist, and securities compliance examiner
at the Commission that is in the competitive service.
``(b) Appointment Authority.--
``(1) In general.--The Commission may appoint candidates to
any position described in subsection (a)--
``(A) in accordance with the statutes, rules, and
regulations governing appointments in the excepted
service; and
``(B) notwithstanding any statutes, rules, and
regulations governing appointments in the competitive
service.
``(2) Rule of construction.--The appointment of a candidate
to a position under authority of this subsection shall not be
considered to cause such position to be converted from the
competitive service to the excepted service.
``(c) Reports.--No later than 90 days after the end of fiscal year
2003 (for fiscal year 2003) and 90 days after the end of fiscal year
2005 (for fiscal years 2004 and 2005), the Commission shall submit a
report with respect to its exercise of the authority granted by
subsection (b) during such fiscal years to the Committee on Government
Reform and the Committee on Financial Services of the House of
Representatives and the Committee on Governmental Affairs and the
Committee on Banking, Housing, and Urban Affairs of the Senate. Such
reports shall describe the changes in the hiring process authorized by
such subsection, including relevant information related to--
``(1) the quality of candidates;
``(2) the procedures used by the Commission to select
candidates through the streamlined hiring process;
``(3) the numbers, types, and grades of employees hired
under the authority;
``(4) any benefits or shortcomings associated with the use
of the authority;
``(5) the effect of the exercise of the authority on the
hiring of veterans and other demographic groups; and
``(6) the way in which managers were trained in the
administration of the streamlined hiring system.
``(d) Commission Defined.--For purposes of this section, the term
`Commission' means the Security and Exchange Commission.''.
(b) Clerical Amendment.--The table of sections for chapter 31 of
title 5, United States Code, is amended by inserting after the item
relating to section 3113 the following:

``3114. Appointment of accountants, economists, and examiners by the
Securities and Exchange Commission.''.

Subtitle B--National Aeronautics and Space Administration

SEC. 311. WORKFORCE AUTHORITIES AND PERSONNEL PROVISIONS.

(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 10709296;
116 Stat. 2229), the following:

``CHAPTER 98--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

``SUBCHAPTER I--WORKFORCE AUTHORITIES

``Sec.
``9801. Definitions.
``9802. Planning, notification, and reporting requirements.
``9803. Workforce authorities.
``9804. Recruitment, redesignation, and relocation bonuses.
``9805. Retention bonuses.
``9806. Term appointments.
``9807. Pay authority for critical positions.
``9808. Assignments of intergovernmental personnel.
``9809. Enhanced demonstration project authority.
``9810. Voluntary separation incentive payments.
``9811. Limitations relating to bonuses.

``SUBCHAPTER II--PERSONNEL PROVISIONS

``9831. Definitions.
``9832. NASA-Industry exchange program.
``9833. Science and technology scholarship program.
``9834. Distinguished scholar appointment authority.
``9835. Travel and transportation expenses of certain new appointees.
``9836. Annual leave enhancements.
``9837. Limited appointments to Senior Executive Service positions.
``9838. Superior qualifications pay.

``SUBCHAPTER I--WORKFORCE AUTHORITIES

``Sec. 1A9801. Definitions
``For purposes of this subchapter--
``(1) the term `Administration' means the National
Aeronautics 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 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,
Commerce, Science, and Transportation, and
Appropriations of the Senate; and
``(7) the term `redesignation bonus' means a bonus under
section 9804 paid to an individual described in subsection
(a)(2) thereof.
``Sec. 1A9802. Planning, notification, and reporting requirements
``(a) Not later than 90 days before exercising any of the workforce
authorities under this subchapter, the Administrator shall submit a
written plan to the appropriate committees of Congress. A plan under
this subchapter may not be implemented without the approval of 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 section 9803; 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 subchapter; 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, 9805 (including the criteria for granting bonuses in the
absence of a critical need), and 9810, and how the level of
those benefits will be determined;
``(5) the safeguards or other measures that will be applied
to ensure that this subchapter 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 subchapter have successfully
addressed each critical need identified under paragraph (1);
and
``(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
recruitment of highly qualified individuals, including how it
intends to use--
``(i) nongovernmental recruitment or placement
agencies; and
``(ii) Internet technologies.
``(c) Not later than 60 days before first exercising any of the
workforce authorities made available under this subchapter, 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 submit any modifications to the
workforce plan to the Office of Personnel Management. Modifications to
the workforce plan may not be implemented without the approval of the
Office of Personnel Management.
``(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 subchapter or any other provision of
law to the workforce plan shall be considered to include any
modification 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
modification) a copy of the proposed plan (or modification);
``(2) give each representative 30 calendar days (unless
extraordinary circumstances require earlier action) to review
and make recommendations with 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
subchapter may be exercised in a manner inconsistent with the workforce
plan.
``(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 Congress.
``(h) Not later than 6 years after date of enactment of this
subchapter, the Administrator shall submit to the appropriate
committees of Congress an evaluation and analysis of the actions taken
by the Administration under this subchapter, including--
``(1) an evaluation, using the methods described in
subsection (b)(7), of whether the authorities exercised under
this subchapter 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.
``Sec. 1A9803. Workforce authorities
``(a) The workforce authorities under this subchapter are the
following:
``(1) The authority to pay recruitment, redesignation, and
relocation bonuses under section 9804.
``(2) The authority to pay retention bonuses under section
9805.
``(3) The authority to make term appointments and to take
related personnel actions under section 9806.
``(4) The authority to fix rates of basic pay for critical
positions under section 9807.
``(5) The authority to extend intergovernmental personnel
act assignments under section 9808.
``(6) The authority to apply subchapter II of chapter 35 in
accordance with section 9810.
``(b) No authority under this subchapter may be exercised with
respect to any officer who is appointed by the President, by and with
the advice and consent of the Senate.
``(c) Unless specifically stated otherwise, all authorities
provided under this subchapter are subject to section 5307.
``Sec. 1A9804. 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
difficulty in filling a position; and
``(2) the individual--
``(A) is newly appointed as an employee of the
Federal Government;
``(B) is currently employed by the Federal
Government and is newly appointed to another position
in the same geographic area; or
``(C) is currently employed by the Federal
Government and is required to relocate to a 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--
``(1) 25 percent of the employee's annual rate of basic pay
(including comparability payments under sections 5304 and
5304a) as of the beginning of the service period multiplied by
the service period 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.
``(d)(1)(A) Payment of a bonus under this section shall be
contingent upon the individual entering into a service agreement with
the Administration.
``(B) At a minimum, the service agreement shall 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
completed, 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 Administration
shall establish a plan for paying recruitment, redesignation, and
relocation bonuses, subject to approval by the Office of Personnel
Management.
``(f) The Administrator shall submit to the appropriate committees
of Congress, not later than February 28 of each of the next 10 years
beginning after the date of enactment of this subchapter, a summary of
all bonuses paid under subsections (b) and (c) during the preceding
year. Such summary shall include the number of bonuses paid, the total
amount of bonuses paid, and the average percentage used in calculating
the total average bonus amount, under each such subsection.
``Sec. 1A9805. 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
``(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 (including comparability payments under sections 5304 and 5304a).
``(d)(1)(A) Payment of a bonus under this section shall be
contingent upon the employee entering into a service agreement with the
Administration.
``(B) At a minimum, the service agreement shall 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
completed, 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 installments
and sets the installment payment at the full bonus percentage 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) The Administrator shall submit to the appropriate committees
of Congress, not later than February 28 of each of the next 10 years
beginning after the date of enactment of this subchapter, a summary of
all bonuses paid under subsections (b) and (c) during the preceding
year. Such summary shall include the number of bonuses paid, the total
amount of bonuses paid, and the average percentage used in calculating
the total average bonus amount, under each such subsection.
``Sec. 1A9806. 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 convert
an employee serving under a term appointment to a permanent 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
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 occupational
series, is in the same geographic location, and provides no
greater promotion potential than the term position for which
the competitive examination was conducted.
``(c) Notwithstanding chapter 33 or any other 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 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.
``(f) The Administrator shall submit to the appropriate committees
of Congress, not later than February 28 of each of the next 10 years
beginning after the date of enactment of this subchapter--
``(1) the total number of term appointments converted
during the previous calendar year; and
``(2) of that total number, the number of conversions that
were made to address a critical need described in the Workforce
Plan pursuant to section 9802(b)(2).
``Sec. 1A9807. 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 position; 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
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.
``(e) The Administrator shall submit to the appropriate committees
of Congress, not later than February 28 of each of the next 10 years
beginning after the date of enactment of this subchapter--
``(1) the number of positions for which the rate of basic
pay was fixed under this section during the preceding year; and
``(2) the number of positions for which a rate of basic pay
under this section was terminated during the preceding year.
``Sec. 1A9808. Assignments of intergovernmental personnel
``For purposes of applying the third sentence of section 3372(a)
(relating to the authority of the head of a Federal agency to extend
the period of an employee's assignment to or from a State or local
government, institution of higher education, or other organization),
the Administrator may, with the concurrence of the employee and the
government or organization concerned, take any action which would be
allowable if such sentence had been amended by striking `two' and
inserting `four'.
``Sec. 1A9809. Enhanced demonstration project authority
``When conducting a demonstration project at the Administration,
section 4703(d)(1)(A) may be applied by substituting `such numbers of
individuals as determined by the Administrator' for `not more than
5,000 individuals'.
``Sec. 1A9810. Voluntary separation incentive payments
``(a) In applying subchapter II of chapter 35, the Administrator
may provide for voluntary separation incentive payments in excess of
the dollar-amount limitation that would otherwise apply under section
3523(b)(3)(B), subject to subsection (b).
``(b) Voluntary separation incentive payments described in
subsection (a)--
``(1) may not exceed 50 percent of the annual rate of basic
pay of the employee receiving such payments (computed
disregarding any comparability payments under sections
5304095304a);
``(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 allowance under section 5753 or 5754 or
under section 9804 or 9805; 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 9802(b)(2).
``(c)(1) The proposed use of workforce authorities in this section
shall be included in the plan required by section 3522.
``(2) Whenever the Office of Personnel Management approves the
Administration's plan required in such section 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.
``Sec. 1A9811. Limitations relating to bonuses
``(a) Of the total amount in bonuses awarded under sections 9804
and 9805, respectively, in any year, not to exceed 15 percent of any
such total amount may be awarded to supervisors (within the meaning of
section 7103(a)(10)).
``(b) A separate appropriations account shall be maintained for
such bonuses.

``SUBCHAPTER II--PERSONNEL PROVISIONS

``Sec. 1A9831. Definitions
``For purposes of this subchapter, the terms `Administration' and
`Administrator' have the meanings set forth in section 9801.
``Sec. 1A9832. NASA-Industry exchange program
``(a) For purposes of this section, the term `detail' means--
``(1) the assignment or loan of an employee of the
Administration to a private sector organization without a
change of position from the Administration, or
``(2) the assignment or loan of an employee of a private
sector organization to the Administration without a change of
position from the private sector organization that employs the
individual,
whichever is appropriate in the context in which such term is used.
``(b)(1) On request from or with the agreement of a private sector
organization, and with the consent of the employee concerned, the
Administrator may arrange for the assignment of an employee of the
Administration to a private sector organization or an employee of a
private sector organization to the Administration. An employee of the
Administration shall be eligible to participate in this program only if
the employee is employed at the GS0911 level or above (or equivalent)
and is serving under a career or career-conditional appointment or an
appointment of equivalent tenure in the excepted service.
``(2) The Administrator shall provide for a written agreement
between the Administration and the employee concerned regarding the
terms and conditions of the employee's assignment. The agreement
shall--
``(A) require the employee to serve in the Administration,
upon completion of the assignment, for a period equal to the
length of the assignment; and
``(B) provide that, in the event the employee fails to
carry out the agreement (except for good and sufficient reason,
as determined by the Administrator), the employee shall be
liable to the United States for payment of all expenses of the
assignment.
An amount under subparagraph (B) shall be treated as a debt due the
United States.
``(3) Assignments may be terminated by the Administration or the
private sector organization concerned for any reason at any time.
``(4) Assignments under this section shall be for a period of
between 6 months and 1 year, and may be extended in 3-month increments
for a total of not more than 1 additional year, except that no
assignment under this section may commence after the end of the 5-year
period beginning on the date of the enactment of this section.
``(c)(1) An employee of the Administration who is assigned to a
private sector organization under this section is deemed, during the
period of the assignment, to be on detail to a regular work assignment
in the Administration.
``(2) Notwithstanding any other provision of law, an employee of
the Administration who is assigned to a private sector organization
under this section is entitled to retain coverage, rights, and benefits
under subchapter I of chapter 81, and employment during the assignment
is deemed employment by the United States, except that, if the employee
or the employee's dependents receive from the private sector
organization any payment under an insurance policy for which the
premium is wholly paid by the private sector organization, or other
benefit of any kind on account of the same injury or death, then, the
amount of such payment or benefit shall be credited against any
compensation otherwise payable under subchapter I of chapter 81.
``(3) The assignment of an employee to a private sector
organization under this section may be made with or without
reimbursement by the private sector organization for the travel and
transportation expenses to or from the place of assignment, subject to
the same terms and conditions as apply with respect to an employee of a
Federal agency or a State or local government under section 3375, and
for the pay, or a part thereof, of the employee during assignment. Any
reimbursements shall be credited to the appropriation of the
Administration used for paying the travel and transportation expenses
or pay.
``(4) The Federal Tort Claims Act and any other Federal tort
liability statute apply to an employee of the Administration assigned
to a private sector organization under this section. The supervision of
the duties of an employee of the Administration who is so assigned to a
private sector organization may be governed by an agreement between the
Administration and the organization.
``(d)(1) An employee of a private sector organization assigned to
the Administration under this section is deemed, during the period of
the assignment, to be on detail to the Administration.
``(2) An employee of a private sector organization assigned to the
Administration under this section--
``(A) may continue to receive pay and benefits from the
private sector organization from which he is assigned;
``(B) is deemed, notwithstanding paragraph (1), to be an
employee of the Administration for the purposes of--
``(i) chapter 73;
``(ii) sections 201, 203, 205, 207, 208, 209, 603,
606, 607, 643, 654, 1905, and 1913 of title 18;
``(iii) sections 1343, 1344, and 1349(b) of title
31;
``(iv) the Federal Tort Claims Act and any other
Federal tort liability statute;
``(v) the Ethics in Government Act of 1978; and
``(vi) section 1043 of the Internal Revenue Code of
1986;
``(C) may not have access to any trade secrets or to any
other nonpublic information which is of commercial value to the
private sector organization from which he is assigned; and
``(D) is subject to such regulations as the President may
prescribe.
The supervision of an employee of a private sector organization
assigned to the Administration under this section may be governed by
agreement between the Administration and the private sector
organization concerned. Such an assignment may be made with or without
reimbursement by the Administration for the pay, or a part thereof, of
the employee during the period of assignment, or for any contribution
of the private sector organization to employee benefit systems.
``(3) An employee of a private sector organization assigned to the
Administration under this section who suffers disability or dies as a
result of personal injury sustained while performing duties during the
assignment shall be treated, for the purpose of subchapter I of chapter
81, as an employee as defined by section 8101 who had sustained the
injury in the performance of duty, except that, if the employee or the
employee's dependents receive from the private sector organization any
payment under an insurance policy for which the premium is wholly paid
by the private sector organization, or other benefit of any kind on
account of the same injury or death, then, the amount of such payment
or benefit shall be credited against any compensation otherwise payable
under subchapter I of chapter 81.
``(4) A private sector organization may not charge the Federal
Government, as direct or indirect costs under a Federal contract, the
costs of pay or benefits paid by the organization to an employee
assigned to the Administration under this section for the period of the
assignment.
``(e)(1) The Administration shall, not later than February 28 of
each year, prepare and submit to the appropriate committees of Congress
a report summarizing the operation of this section during the preceding
year.
``(2) Each report shall include, with respect to the period to
which such report relates--
``(A) the total number of individuals assigned to, and the
total number of individuals assigned from, the Administration
during such period;
``(B) a brief description of each assignment included under
subparagraph (A), including--
``(i) the name of the assigned individual, as well
as the private sector organization, to or from which
such individual was assigned;
``(ii) the respective positions to and from which
the individual was assigned, including the duties and
responsibilities and the pay grade or level associated
with each; and
``(iii) the duration and objectives of the
individual's assignment; and
``(C) such other information as the Administration
considers appropriate.
``(3) A copy of each report submitted under paragraph (1)--
``(A) shall be published in the Federal Register; and
``(B) shall be made publicly available on the Internet.
``(f) The Administrator, in consultation with the Director of the
Office of Personnel Management, shall prescribe regulations for the
administration of this section.
``(g) Not later than 4 years after the date of the enactment of
this section, the General Accounting Office shall prepare and submit to
the appropriate committees of Congress a report on the operation of
this section. Such report shall include--
``(1) an evaluation of the effectiveness of the program
established by this section; and
``(2) a recommendation as to whether such program should be
continued (with or without modification) or allowed to lapse.
``Sec. 1A9833. Science and technology scholarship program
``(a)(1) The Administrator shall establish a National Aeronautics
and Space Administration Science and Technology Scholarship Program 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 Opportunities Act.
``(3) To carry out the Program the Administrator shall enter into
contractual agreements with individuals selected under paragraph (2)
under which the individuals agree to serve as full-time employees of
the Administration, for the period described in subsection (f)(1), in
positions needed by the Administration and for which the individuals
are 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);
``(2) be a United States citizen; 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 attendance.
``(4) A scholarship provided under this section may be expended for
tuition, fees, and other authorized expenses as established by the
Administrator by regulation.
``(5) The Administrator may enter into a contractual agreement with
an institution of higher education under which the amounts provided for
a scholarship under this section for tuition, fees, and other
authorized expenses are paid directly to the institution with respect
to which the scholarship is provided.
``(f)(1) The period of service for which an individual shall be
obligated to serve as an employee of the Administration is, except as
provided in subsection (h)(2), 24 months for each academic year for
which a scholarship under this section is provided.
``(2)(A) Except as provided in subparagraph (B), 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 Administrator
determines that such a deferral is appropriate. The Administrator shall
prescribe the terms and conditions under which a service obligation may
be deferred through regulation.
``(g)(1) Scholarship recipients who fail to maintain a high level
of academic standing, as defined by the Administrator by regulation,
who are dismissed from their educational institutions for disciplinary
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 the agreement, except as
provided in subsection (h)(2). The repayment period may be extended by
the Administrator when determined to be necessary, as established by
regulation.
``(2) Scholarship recipients who, for any reason, fail to begin or
complete their service obligation after 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 prevailing
rate, as determined by the Treasurer of the United States,
multiplied by 3.
``(h)(1) Any obligation of an individual incurred under the Program
(or a contractual agreement thereunder) for service or payment shall be
canceled upon the death of the individual.
``(2) The Administrator shall by regulation provide for the partial
or total waiver or suspension of any obligation of service or payment
incurred by an individual under the Program (or a contractual agreement
thereunder) whenever compliance by the individual is impossible or
would involve extreme hardship to the individual, or if enforcement of
such obligation with respect to the individual would be 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
Education 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
Administration for the Program $10,000,000 for each fiscal year.
``(2) Amounts appropriated under this section shall remain
available for 2 fiscal years.
``Sec. 1A9834. 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 a
creative or scientific nature, where the knowledge required to
perform the work successfully is acquired typically and
primarily through graduate study.
``(b) The Administration may appoint, without regard to the
provisions of sections 3304(b) and 3309 through 3318, candidates
directly to General Schedule professional positions in the
Administration for which public notice has been given, if--
``(1) with respect to a position at the GS097 level, the
individual--
``(A) received, from an accredited institution
authorized 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 qualification 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 GS099 level, the
individual--
``(A) received, from an accredited institution
authorized 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 GS0911 level, the
individual--
``(A) received, from an accredited institution
authorized 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 GS0912
level, the individual--
``(A) received, from an accredited institution
authorized 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.
``(c) Veterans' preference procedures shall apply when selecting
candidates under this section. Preference eligibles who meet the
criteria for distinguished scholar appointments shall be considered
ahead of nonpreference eligibles.
``(d) An appointment made under this authority shall be a career-
conditional appointment in the competitive civil service.
``Sec. 1A9835. 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;
``(B) a term appointment;
``(C) an excepted service appointment that provides
for noncompetitive conversion to a career or career-
conditional 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
appropriate 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.
``(c) The Administrator shall submit to the appropriate committees
of Congress, not later than February 28 of each of the next 10 years
beginning after the date of enactment of this subchapter--
``(1) the average payment for travel and transportation
expenses of certain new appointees provided under this section
during the preceding year; and
``(2) the highest payment for travel and transportation
expenses to an individual appointee provided under this section
during the preceding year.
``Sec. 1A9836. Annual leave enhancements
``(a)(1) In this subsection--
``(A) the term `newly appointed employee' means an
individual who is first appointed--
``(i) regardless of tenure, as an employee of the
Federal Government; or
``(ii) as an employee of the Federal Government
following 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;
``(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;
``(B) the term `period of qualified non-Federal service'
means any period of service performed by an individual that--
``(i) was performed in a position the duties of
which were directly related to the duties of the
position in the Administration to which that individual
will fill as a newly appointed employee; and
``(ii) except for this section, would not otherwise
be service performed by an employee for purposes of
section 6303; and
``(C) the term `directly related to the duties of the
position' means duties and responsibilities in the same line of
work which require similar qualifications.
``(2)(A) 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.
``(B) A period deemed by the Administrator under subparagraph (A)
shall continue to apply to the employee during--
``(i) the period of Federal service in which the deeming is
made; and
``(ii) any subsequent period of Federal service.
``(3)(A) 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 GS0915,
step 10, shall be 1 day for each full biweekly pay period.
``(B) The accrual rate established under this paragraph shall
continue to apply to the employee during--
``(i) the period of Federal service in which such accrual
rate first applies; and
``(ii) any subsequent period of Federal service.
``Sec. 1A9837. 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
Administration to meet a bona fide temporary need, as
determined by the Administrator.
``(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
prescribed 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
prescribed under this section may be reassigned to another
continuing 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.
``Sec. 1A9838. Superior qualifications pay
``(a) In this section the term `employee' means an employee as
defined under section 2105 who is employed by the Administration.
``(b) 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, based on the superior
qualifications of the employee, or the special need of the
Administration.
``(c) If an exercise of the authority under this section relates to
a current employee selected for another position within the
Administration, a determination shall be made that the employee's
contribution in the new position will exceed that in the former
position, before setting pay under this section.
``(d) Pay as set under this section is basic pay for such purposes
as pay set under section 5334.
``(e) 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.
``(f) The Administrator may waive the restrictions in subsection
(e), based on criteria established in the plan required under
subsection (g).
``(g) Before setting any employee's pay under this section, the
Administrator shall submit a plan to the Office of Personnel
Management, 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.''.
(b) Technical and Conforming Amendments.--
(1) Table of chapters.--The table of chapters for
subchapter I of part III of title 5, United States Code, is
amended by adding after the item relating to chapter 97 the
following:

``98.  National Aeronautics and Space Administration           9801''.
(2) Compensation for certain excepted personnel.--
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,''.
(3) Compensation clarification.--Section 209 of title 18,
United States Code, as amended by section 209(g)(2) of the E-
Government Act of 2002 (Public Law 10709347; 116 Stat. 2932),
is amended by adding at the end the following:
``(h) This section does not prohibit an employee of a private
sector organization, while assigned to the National Aeronautics and
Space Administration under section 9832 of title 5, from continuing to
receive pay and benefits from that organization in accordance with
section 9832 of that title.''.
(4) Continued tsp eligibility.--Section 125(c)(1) of Public
Law 10009238 (5 U.S.C. 8432 note), as amended by section
209(g)(3) of the E-Government Act of 2002 (Public Law 10709347;
116 Stat. 2932), is amended--
(A) in subparagraph (C), by striking ``or'' at the
end;
(B) in subparagraph (D), by striking ``and'' at the
end and inserting ``or''; and
(C) by adding at the end the following:
``(E) an individual assigned from the National
Aeronautics and Space Administration to a private
sector organization under section 9832 of title 5,
United States Code; and''.
(5) Ethics provisions.--
(A) One-year restriction on certain
communications.--Section 207(c)(2)(A)(v) of title 18,
United States Code, is amended by inserting ``or
section 9832'' after ``chapter 37''.
(B) Disclosure of confidential information.--
Section 1905 of title 18, United States Code, is
amended by inserting ``or section 9832'' after
``chapter 37''.
(6) Contract advice.--Section 207(l) of title 18, United
States Code, is amended by inserting ``or section 9832'' after
``chapter 37''.
(7) Amendments to title 5, united states code.--Title 5,
United States Code, is amended--
(A) in section 3111(d), by inserting ``or section
9832'' after ``chapter 37''; and
(B) in section 7353(b)(4), by inserting ``or
section 9832'' after ``chapter 37''.

TITLE IV--HUMAN CAPITAL PERFORMANCE FUND

SEC. 401. HUMAN CAPITAL PERFORMANCE FUND.

(a) In General.--Subpart D of part III of title 5, United States
Code, is amended by inserting after chapter 53 the following:

``CHAPTER 54--HUMAN CAPITAL PERFORMANCE FUND

``Sec.
``5401. Purpose.
``5402. Definitions.
``5403. Human Capital Performance Fund.
``5404. Human capital performance payments.
``5405. Regulations.
``5406. Agency plan.
``5407. Nature of payment.
``5408. Appropriations.
``Sec. 1A5401. Purpose
``The purpose of this chapter is to promote, through the creation
of a Human Capital Performance Fund, greater performance in the Federal
Government. Monies from the Fund will be used to reward agencies'
highest performing and most valuable employees. This Fund will offer
Federal managers a new tool to recognize employee performance that is
critical to the achievement of agency missions.
``Sec. 1A5402. Definitions
``For the purpose of this chapter--
``(1) `agency' means an Executive agency under section 105,
but does not include the General Accounting Office;
``(2) `employee' includes--
``(A) an individual paid under a statutory pay
system defined in section 5302(1);
``(B) a prevailing rate employee, as defined in
section 5342(a)(2); and
``(C) a category of employees included by the
Office of Personnel Management following the review of
an agency plan under section 5403(b)(1);
but does not include--
``(i) an individual paid at an annual rate of basic
pay for a level of the Executive Schedule, under
subchapter II of chapter 53, or at a rate provided for
one of those levels under another provision of law;
``(ii) a member of the Senior Executive Service
paid under subchapter VIII of chapter 53, or an
equivalent system;
``(iii) an administrative law judge paid under
section 5372;
``(iv) a contract appeals board member paid under
section 5372a;
``(v) an administrative appeals judge paid under
section 5372b; and
``(vi) an individual in a position which is
excepted from the competitive service because of its
confidential, policy-determining, policy-making, or
policy-advocating character; and
``(3) `Office' means the Office of Personnel Management.
``Sec. 1A5403. Human Capital Performance Fund
``(a) There is hereby established the Human Capital Performance
Fund, to be administered by the Office for the purpose of this chapter.
``(b)(1)(A) An agency shall submit a plan as described in section
5406 to be eligible for consideration by the Office for an allocation
under this section. An allocation shall be made only upon approval by
the Office of an agency's plan.
``(B)(i) After the reduction for training required under section
5408, ninety percent of the remaining amount appropriated to the Fund
may be allocated by the Office to the agencies. Of the amount to be
allocated, an agency's pro rata distribution may not exceed its pro
rata share of Executive branch payroll.
``(ii) If the Office does not allocate an agency's full pro rata
share, the undistributed amount remaining from that share will become
available for distribution to other agencies, as provided in
subparagraph (C).
``(C)(i) After the reduction for training under section 5408, ten
percent of the remaining amount appropriated to the Fund, as well as
the amount of the pro rata share not distributed because of an agency's
failure to submit a satisfactory plan, shall be allocated among
agencies with exceptionally high-quality plans.
``(ii) An agency with an exceptionally high-quality plan is
eligible to receive an additional distribution in addition to its full
pro rata distribution.
``(2) Each agency is required to provide to the Office such payroll
information as the Office specifies necessary to determine the
Executive branch payroll.
``Sec. 1A5404. Human capital performance payments
``(a)(1) Notwithstanding any other provision of law, the Office may
authorize an agency to provide human capital performance payments to
individual employees based on exceptional performance contributing to
the achievement of the agency mission.
``(2) The number of employees in an agency receiving payments from
the Fund, in any year, shall not be more than the number equal to 15
percent of the agency's average total civilian full- and part-time
permanent employment for the previous fiscal year.
``(b)(1) A human capital performance payment provided to an
individual employee from the Fund, in any year, shall not exceed 10
percent of the employee's rate of basic pay.
``(2) The aggregate of an employee's rate of basic pay, adjusted by
any locality-based comparability payments, and human capital
performance pay, as defined by regulation, may not exceed the rate of
basic pay for Executive Level IV in any year.
``(3) Any human capital performance payment provided to an employee
from the Fund is in addition to any annual pay adjustment (under
section 5303 or any similar provision of law) and any locality-based
comparability payment that may apply.
``(c) No monies from the Human Capital Performance Fund may be used
to pay for a new position, for other performance-related payments, or
for recruitment or retention incentives paid under sections 5753 and
5754.
``(d)(1) An agency may finance initial human capital performance
payments using monies from the Human Capital Performance Fund, as
available.
``(2) In subsequent years, continuation of previously awarded human
capital performance payments shall be financed from other agency funds
available for salaries and expenses.
``Sec. 1A5405. Regulations
``The Office shall issue such regulations as it determines to be
necessary for the administration of this chapter, including the
administration of the Fund. The Office's regulations shall include
criteria governing--
``(1) an agency plan under section 5406;
``(2) the allocation of monies from the Fund to agencies;
``(3) the nature, extent, duration, and adjustment of, and
approval processes for, payments to individual employees under
this chapter;
``(4) the relationship to this chapter of agency
performance management systems;
``(5) training of supervisors, managers, and other
individuals involved in the process of making performance
distinctions; and
``(6) the circumstances under which funds may be allocated
by the Office to an agency in amounts below or in excess of the
agency's pro rata share.
``Sec. 1A5406. Agency plan
``(a) To be eligible for consideration by the Office for an
allocation under this section, an agency shall--
``(1) develop a plan that incorporates the following
elements:
``(A) adherence to merit principles set forth in
section 2301;
``(B) a fair, credible, and transparent employee
performance appraisal system;
``(C) a link between the pay-for-performance
system, the employee performance appraisal system, and
the agency's strategic plan;
``(D) a means for ensuring employee involvement in
the design and implementation of the system;
``(E) adequate training and retraining for
supervisors, managers, and employees in the
implementation and operation of the pay-for-performance
system;
``(F) a process for ensuring ongoing performance
feedback and dialogue between supervisors, managers,
and employees throughout the appraisal period, and
setting timetables for review;
``(G) effective safeguards to ensure that the
management of the system is fair and equitable and
based on employee performance; and
``(H) a means for ensuring that adequate agency
resources are allocated for the design, implementation,
and administration of the pay-for-performance system;
``(2) upon approval, receive an allocation of funding from
the Office;
``(3) make payments to individual employees in accordance
with the agency's approved plan; and
``(4) provide such information to the Office regarding
payments made and use of funds received under this section as
the Office may specify.
``(b) The Office, in consultation with the Chief Human Capital
Officers Council, shall review and approve an agency's plan before the
agency is eligible to receive an allocation of funding from the Office.
``(c) The Chief Human Capital Officers Council shall include in its
annual report to Congress under section 1303(d) of the Homeland
Security Act of 2002 an evaluation of the formulation and
implementation of agency performance management systems.
``Sec. 1A5407. Nature of payment
``Any payment to an employee under this section shall be part of
the employee's basic pay for the purposes of subchapter III of chapter
83, and chapters 84 and 87, and for such other purposes (other than
chapter 75) as the Office shall determine by regulation.
``Sec. 1A5408. Appropriations
``There is authorized to be appropriated $500,000,000 for fiscal
year 2004, and, for each subsequent fiscal year, such sums as may be
necessary to carry out the provisions of this chapter. In the first
year of implementation, up to 10 percent of the amount appropriated to
the Fund shall be available to participating agencies to train
supervisors, managers, and other individuals involved in the appraisal
process on using performance management systems to make meaningful
distinctions in employee performance and on the use of the Fund.''.
(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 53 the following:

``54.  Human Capital Performance Fund                          5401''.

TITLE V--MISCELLANEOUS

SEC. 501. PROHIBITION ON USE OF QUOTAS.

(a) In General.--After the date of enactment of this Act, the
Office of Management and Budget may not establish, apply, or enforce
any numerical goal, target, or quota for subjecting the employees of a
department or agency of the Government to public-private competitions
or converting such employees or the work performed by such employees to
contractor performance under Office of Management and Budget Circular
A-76 or any other administrative regulation, directive, or policy,
unless the goal, target, or quota is based on considered research and
sound analysis of past activities and is consistent with the stated
mission of the department or agency.
(b) Limitations.--Subsection (a) shall not--
(1) otherwise affect the implementation or enforcement of
the Government Performance and Results Act of 1993 (107 Stat.
285); or
(2) prevent any agency of the Executive branch from
subjecting work performed by Federal employees or private
contractors to public-private competition or conversions.

Union Calendar No. 131

108th CONGRESS

1st Session

H. R. 1836

[Report No. 10809116, Part I]

_______________________________________________________________________

A BILL

To make changes to certain areas of the Federal civil service in order
to improve the flexibility and competitiveness of Federal human
resources management.

_______________________________________________________________________

July 25, 2003

Committees on Armed Services, Science, and Ways and Means discharged;
committed to the Committee of the Whole House on the State of the Union
and ordered to be printed