NASA EXCEPTED AUTHORITY
(§ Sec.2. of S.610)

PROVISION: Section 2473 of the Space Act (42 U.S.C.) authorizes the Administrator to hire up to 425 scientific, engineering, or administrative employees (NASA excepted, or “NEX”) without regard to the Title 5 rules for classifying positions and assigning pay rates. The salary is capped at the rate payable for level IV of the Executive Schedule. The NASA Flexibility Act of 2004 amends the Space Act by raising the maximum allowable rate of pay for NASA Excepted (NEX) positions to level III of the Executive Schedule. Raising the salary cap will enhance NASA’s ability to hire individuals of unique, exceptional ability by compensating them at a level commensurate with their expertise and at a level competitive with the private sector.

KEY FEATURES

• This amendment increases the maximum rate for an NEX employee to the rate for Executive level III instead of level IV. It also corrects an obsolete reference to the pay scale of grade 18 of the General Schedule.

• This amendment to the Space Act takes effect on the first day of the first pay period beginning on or after the date of enactment of the NASA Flexibility Act of 2004.