10 U.S.C. § 4091 — Authorities for certain positions at science and technology reinvention laboratories
submitted 10 years ago by Pub. L. 114-328 to r/title-10-ARMED-FORCES · 1,331 words · no verdicts yet
Directors of Department of Defense science and technology laboratories may directly appoint certain qualified scientists, engineers, veterans, and students. The section sets annual limits, creates senior scientific technical manager positions, and lets laboratory directors manage staffing within their budgets, with exceptions.
(a) A Science and Technology Reinvention Laboratory, or “STRL,” director may, without following most title 5 civil-service appointment rules: (1) appoint qualified people with bachelor’s or advanced degrees to scientific and engineering positions described in (b)(1), except sections 3303 and 3328; (2) appoint qualified veterans to positions described in (b)(2); (3) appoint qualified undergraduate or graduate students pursuing a bachelor’s or advanced degree in science, technology, engineering, or mathematics at an “institution of higher education” as defined in the cited Higher Education Act provisions to positions described in (b)(3), except sections 3303 and 3328; and (4) after such a student graduates, convert a temporary or term appointment to another temporary, term, or permanent STRL appointment without competition if the student meets all eligibility and Office of Personnel Management qualification requirements, under the same exception. (b)(1) The first group covers temporary, term, or permanent scientific and engineering jobs in a Department of Defense STRL designated under section 4121(b). (b)(2) The veteran group covers scientific, technical, engineering, mathematics, and technician jobs in those laboratories and in any other Defense Department research and engineering agency or organization designated by the Secretary. (b)(3) The student group covers temporary or term scientific and engineering jobs in those STRLs. (c) In one fiscal year, a laboratory may use (a)(1) for no more than 11 percent of its filled scientific and engineering positions at the end of the previous fiscal year, use (a)(2) for no more than 3 percent of filled scientific, technical, engineering, mathematics, and technician positions in the covered laboratory, agency, or organization, and use (a)(3) for no more than 10 percent of its filled scientific and engineering positions. (d)(1) Each STRL, each Major Range and Test Facility Base facility, and the Defense Test Resource Management Center has a category of positions above GS-15 called “senior scientific technical managers.” Their main duties are research and development in the physical, biological, medical, or engineering sciences or a closely related field, and technical supervision. (d)(2)(A) An STRL director may fill and manage its positions under the personnel-demonstration-project criteria in section 4121(a), but may set no more than 2 percent of the laboratory’s scientists and engineers in these positions, measured before the relevant fiscal year. (d)(2)(B) The Major Range and Test Facility Base director, or the Center director for a Center position, may fill and manage test and evaluation positions under those criteria. The number at each facility or Center may not exceed 2 percent of the scientists and engineers employed at the Base or Center before the relevant fiscal year, but must be at least one position. (e)(1) An STRL director shall manage the workforce strength, structure, positions, and compensation of the STRL without regard to any limitation on appointments, positions, or funding for the STRL, subject to managing them in a manner consistent with the budget available for the STRL. (e)(2) This does not apply to Senior Executive Service positions, as defined in title 5, or scientific and professional positions authorized under title 5 section 3104. (f) “Defense Test Resource Management Center” means the Defense Department Center established under section 4173. “Employee” has the meaning in title 5 section 2105. “Major Range and Test Facility Base” means the test and evaluation facilities and resources the Secretary of Defense designates as part of that Base. “Veteran” has the meaning in title 38 section 101.
The director of any Science and Technology Reinvention Laboratory (hereinafter in this section referred to as an “STRL”) may appoint qualified candidates possessing a bachelor’s or advanced degree to positions described in paragraph (1) of subsection (b) as an employee in a laboratory described in that paragraph without regard to the provisions of subchapter I of chapter 33 of title 5 (other than sections 3303 and 3328 of such title).
The director of any STRL may appoint qualified veteran candidates to positions described in paragraph (2) of subsection (b) as an employee at a laboratory, agency, or organization specified in that paragraph without regard to the provisions of subchapter I of chapter 33 of title 5.
The director of any STRL may appoint qualified candidates enrolled in a program of undergraduate or graduate instruction leading to a bachelor’s or an advanced degree in a scientific, technical, engineering or mathematical course of study at an institution of higher education (as that term is defined in sections 101 and 102 of the Higher Education Act of 1965 (20 U.S.C. 1001, 1002)) to positions described in paragraph (3) of subsection (b) as an employee in a laboratory described in that paragraph without regard to the provisions of subchapter I of chapter 33 of title 5 (other than sections 3303 and 3328 of such title).
With respect to any student appointed by the director of an STRL under paragraph (3) to a temporary or term appointment, upon graduation from the applicable institution of higher education (as defined in such paragraph), the director may noncompetitively convert such student to another temporary appointment or to a term or permanent appointment within the STRL without regard to the provisions of subchapter I of chapter 33 of title 5 (other than sections 3303 and 3328 of such title), provided the student meets all eligibility and Office of Personnel Management qualification requirements for the position.
The positions described in this paragraph are scientific and engineering positions that may be temporary, term, or permanent in any laboratory designated by section 4121(b) of this title as a Department of Defense science and technology reinvention laboratory.
The positions described in this paragraph are scientific, technical, engineering, and mathematics positions, including technicians, in the following:
Any laboratory referred to in paragraph (1).
Any other Department of Defense research and engineering agency or organization designated by the Secretary for purposes of subsection (a)(2).
The positions described in this paragraph are scientific and engineering positions that may be temporary or term in any laboratory designated by section 4121(b) of this title as a Department of Defense science and technology reinvention laboratory.
The authority under subsection (a) may not, in any fiscal year and with respect to any laboratory, agency, or organization described in subsection (b), be exercised with respect to a number of candidates greater than the following:
In the case of a laboratory described in subsection (b)(1), with respect to appointment authority under subsection (a)(1), the number equal to 11 percent of the total number of scientific and engineering positions in such laboratory that are filled as of the close of the preceding fiscal year.
In the case of a laboratory, agency, or organization described in subsection (b)(2), with respect to appointment authority under subsection (a)(2), the number equal to 3 percent of the total number of scientific, technical, engineering, mathematics, and technician positions in such laboratory, agency, or organization that are filled as of the close of the preceding fiscal year.
In the case of a laboratory described in subsection (b)(3), with respect to appointment authority under subsection (a)(3), the number equal to 10 percent of the total number of scientific and engineering positions in such laboratory that are filled as of the close of the preceding fiscal year.
There is hereby established in each STRL, each facility of the Major Range and Test Facility Base, and the Defense Test Resource Management Center a category of senior professional scientific and technical positions, the incumbents of which shall be designated as “senior scientific technical managers” and which shall be positions classified above GS–15 of the General Schedule, notwithstanding section 5108(a) of title 5. The primary functions of such positions shall be—
to engage in research and development in the physical, biological, medical, or engineering sciences, or another field closely related to the mission of such STRL, of such facility of the Major Range and Test Facility Base, or the Defense Test Resource Management Center; and
to carry out technical supervisory responsibilities.
The laboratory positions described in paragraph (1) may be filled, and shall be managed, by the director of the STRL involved, under criteria established pursuant to section 4121(a) of this title, relating to personnel demonstration projects at laboratories of the Department of Defense, except that the director of the laboratory involved shall determine the number of such positions at such laboratory, not to exceed 2 percent of the number of scientists and engineers employed at such laboratory as of the close of the last fiscal year before the fiscal year in which any appointments subject to that numerical limitation are made.
The test and evaluation positions described in paragraph (1) may be filled, and shall be managed, by the director of the Major Range and Test Facility Base, in the case of a position at a facility of the Major Range and Test Facility Base, and the director of the Defense Test Resource Management Center, in the case of a position at such center, under criteria established pursuant to section 4121(a) of this title, relating to personnel demonstration projects at laboratories of the Department of Defense, except that the director involved shall determine the number of such positions at each facility of the Major Range and Test Facility Base and the Defense Test Resource Management Center, not to exceed two percent of the number of scientists and engineers, but at least one position, employed at the Major Range and Test Facility Base or the Defense Test Resource Management Center, as the case may be, as of the close of the last fiscal year before the fiscal year in which any appointments subject to those numerical limitations are made.
The director of an STRL shall manage the workforce strength, structure, positions, and compensation of such STRL—
without regard to any limitation on appointments, positions, or funding with respect to such STRL, subject to subparagraph (B); and
in a manner consistent with the budget available with respect to such STRL.
Paragraph (1) shall not apply to Senior Executive Service positions (as defined in section 3132(a) of title 5) or scientific and professional positions authorized under section 3104 of such title.
In this section:
The term “Defense Test Resource Management Center” means the Department of Defense Test Resource Management Center established under section 4173 of this title.
The term “employee” has the meaning given that term in section 2105 of title 5.
The term “Major Range and Test Facility Base” means the test and evaluation facilities and resources that are designated by the Secretary of Defense as facilities and resources comprising the Major Range and Test Facility Base.
The term “veteran” has the meaning given that term in section 101 of title 38.
Source credit: (Added Pub. L. 114–328, div. A, title XI, § 1122(a)(1), Dec. 23, 2016, 130 Stat. 2453, § 2358a; amended Pub. L. 115–91, div. A, title XI, § 1111, Dec. 12, 2017, 131 Stat. 1636; Pub. L. 115–232, div. A, title XI, § 1112(a), Aug. 13, 2018, 132 Stat. 2012; renumbered § 4091, Pub. L. 116–283, div. A, title XVIII, § 1843(a), as added Pub. L. 117–81, div. A, title XVII, § 1701(u)(4)(A), Dec. 27, 2021, 135 Stat. 2153; Pub. L. 116–283, div. A, title XVIII, §§ 1843(b)(2), 1845(c)(5), Jan. 1, 2021, 134 Stat. 4245, 4247; Pub. L. 117–81, div. A, title II, §§ 212(a), 215(d)(13), Dec. 27, 2021, 135 Stat. 1588, 1595; Pub. L. 118–31, div. A, title XI, § 1103, Dec. 22, 2023, 137 Stat. 427.)
- 2016Enacted · Pub. L. 114-328 · 130 Stat. 2453
- 2017Amended · Pub. L. 115-91 · 131 Stat. 1636
- 2018Amended · Pub. L. 115-232 · 132 Stat. 2012
- 2021Amended · Pub. L. 116-283 · 135 Stat. 2153
- 2021Amended · Pub. L. 116-283 · 134 Stat. 4245, 4247
- 2021Amended · Pub. L. 117-81 · 135 Stat. 1588, 1595
- 2023Amended · Pub. L. 118-31 · 137 Stat. 427
A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-328 on 2016-12-23.
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