10 U.S.C. § 4092 — Personnel management authority to attract experts in science, engineering, and certain other disciplines

submitted 10 years ago by Pub. L. 114-328 to r/title-10-ARMED-FORCES · 1,549 words · no verdicts yet

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Specified Defense Department officials may run personnel programs to recruit eminent experts. The programs allow limited special appointments, pay, additional payments, relocation payments, and appointments generally lasting four years with a possible extension.

(a) The Secretary of Defense may run the subsection (b) program for designated military-department laboratories to recruit eminent science or engineering experts for research and development. The DARPA Director may use it for research and development and Agency management. The Director of Operational Test and Evaluation may use it for that Office’s operational test and evaluation missions. The Strategic Capabilities Office Director, Defense Innovation Unit Director, and the designated joint-artificial-intelligence official may use it for their offices or activities; the last authority ended December 31, 2024. The NGA Director may use it for research, development, and Agency management. The SDA Director may use it for research, development, and Agency management, but that authority ends December 31, 2030. The United States Cyber Command Commander may use it to recruit experts in computer science, data science, engineering, mathematics, and computer-network exploitation for headquarters and the Cyber National Mission Force. The Under Secretary of Defense for Research and Engineering may use it for that Office, and the Office of Strategic Capital Director may use it to recruit finance and investment experts. (b) Under one of these programs, the responsible official may, without title 5 appointment rules: (1) appoint no more than 40 scientists and engineers in designated military laboratories; 140 people at DARPA; 10 scientists and engineers in Operational Test and Evaluation; 20 scientists and engineers in the Strategic Capabilities Office, including no more than 5 administration or management positions; 35 scientists and engineers in the Defense Innovation Unit, including no more than 5 administration or management positions; 5 scientists and engineers supporting the joint-artificial-intelligence official; 7 people at NGA, including no more than 2 administration or management positions; 25 people at SDA, including no more than 5 administration or management positions; 10 listed technical experts in Cyber Command; 10 scientists and engineers in the Under Secretary’s Office; and 30 people in the Office of Strategic Capital. (2) Without title 5 pay or classification rules, set basic pay: for DARPA, the Strategic Capabilities Office, the Defense Innovation Unit, SDA, and the Office of Strategic Capital, up to 150 percent of the Vice President’s total annual compensation, at the organization head’s rate; for two NGA administration or management positions designated by its Director, under the authority stated in the statute; and for all other appointments, no more than the maximum basic pay for senior-level positions under title 5 section 5376. (3) Pay additional amounts to each appointee except one whose position has the special pay authority in (2)(A), within subsection (d)’s limit. (4) In each fiscal year, pay up to 15 newly appointed DARPA people their listed travel, transportation, and relocation costs and services, and pay up to 15 previously appointed DARPA people those costs when they separate. (c)(1) Service under a subsection (b)(1) appointment generally may last no more than four years. (c)(2) The responsible official may extend a particular employee’s service period by up to two years if the official determines that the extension is necessary to promote the efficiency of a laboratory of a military department, the Defense Advanced Research Projects Agency, the Office of Operational Test and Evaluation, the Strategic Capabilities Office, the Defense Innovation Unit, the activities under section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, the Space Development Agency, or the National Geospatial-Intelligence Agency, as applicable. (d) No additional payment may be made in a calendar year if it would cause the employee’s total annual compensation to exceed the maximum total annual compensation payable at the salary set under title 3 section 104.

the actual law source: uscode.house.gov ↗public domain

(a)Programs Authorized.—

(1)Laboratories of the military departments.—

The Secretary of Defense may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for such laboratories of the military departments as the Secretary shall designate for purposes of the program for research and development projects of such laboratories.

(2)DARPA.—

The Director of the Defense Advanced Research Projects Agency may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for research and development projects and to enhance the administration and management of the Agency.

(3)DOTE.—

The Director of the Office of Operational Test and Evaluation may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering to support operational test and evaluation missions of the Office.

(4)Strategic capabilities office.—

The Director of the Strategic Capabilities Office may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for the Office.

(5)DIU.—

The Director of the Defense Innovation Unit may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for the Unit.

(6)Joint artificial intelligence.—

The official designated under section 238(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering to support the activities of such official under section 238 of such Act. The authority to carry out the program under this paragraph shall terminate on December 31, 2024.

(7)NGA.—

The Director of the National Geospatial-Intelligence Agency may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for research and development projects and to enhance the administration and management of the Agency.

(8)SDA.—

The Director of the Space Development Agency may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for research and development projects and to enhance the administration and management of the Agency. The authority to carry out the program under this paragraph shall terminate on December 31, 2030.

(9)United states cyber command.—

The Commander of United States Cyber Command may carry out a program of personnel management authority provided in subsection (b) in order to facilitate the recruitment of eminent experts in computer science, data science, engineering, mathematics, and computer network exploitation within the headquarters of United States Cyber Command and the Cyber National Mission Force.

(10)Office of the under secretary of defense for research and engineering.—

The Under Secretary of Defense for Research and Engineering may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for the Office of the Under Secretary.

(11)Office of strategic capital.—

The Director of the Office of Strategic Capital may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in finance and investment for the Office.

(b)Personnel Management Authority.—

Under a program under subsection (a), the official responsible for administration of the program may—

(1)

without regard to any provision of title 5 governing the appointment of employees in the civil service—

(A)

in the case of the laboratories of the military departments designated pursuant to subsection (a)(1), appoint scientists and engineers to a total of not more than 40 scientific and engineering positions in such laboratories;

(B)

in the case of the Defense Advanced Research Projects Agency, appoint individuals to a total of not more than 140 positions in the Agency;

(C)

in the case of the Office of Operational Test and Evaluation, appoint scientists and engineers to a total of not more than 10 scientific and engineering positions in the Office;

(D)

in the case of the Strategic Capabilities Office, appoint scientists and engineers to a total of not more than 20 scientific and engineering positions in the Office, of which not more than 5 such positions may be positions of administration or management of the Office;

(E)

in the case of the Defense Innovation Unit, appoint scientists and engineers to a total of not more than 35 scientific and engineering positions in the Unit, of which not more than 5 such positions may be positions of administration or management of the Unit;

(F)

in the case of the office of the official designated under section 238(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), appoint scientists and engineers to a total of not more than 5 scientific and engineering positions in support of the activities of such official under section 238 of such Act;

(G)

in the case of the National Geospatial-Intelligence Agency, appoint individuals to a total of not more than 7 positions in the Agency, of which not more than 2 such positions may be positions of administration or management in the Agency;

(H)

in the case of the Space Development Agency, appoint individuals to a total of not more than 25 positions in the Agency, of which not more than 5 such positions may be positions of administration or management of the Agency;

(I)

in the case of United States Cyber Command, appoint computer scientists, data scientists, engineers, mathematicians, and computer network exploitation specialists to a total of not more than 10 scientific and engineering positions in the Command;

(J)

in the case of the Office of the Under Secretary of Defense for Research and Engineering, appoint scientists and engineers to a total of not more than 10 scientific and engineering positions in the Office; and

(K)

in the case of the Office of Strategic Capital, appoint individuals to a total of not more than 30 positions in the Office;

(2)

notwithstanding any provision of title 5 governing the rates of pay or classification of employees in the executive branch, prescribe the rates of basic pay for positions to which employees are appointed under paragraph (1)—

(A)

in the case of employees appointed pursuant to subparagraphs (B), (D), (E), (H), and (K) of paragraph (1), at a rate to be determined by the head of the organization concerned up to 150 percent of the total annual compensation payable to the Vice President under section 104 of title 3;

(B)

in the case of employees appointed pursuant to paragraph (1)(G), to any of 2 positions of administration or management designated by the Director of the National Geospatial-Intelligence Agency for purposes of this subparagraph; and

(C)

in the case of any other employee appointed pursuant to paragraph (1), at rates not in excess of the maximum rate of basic pay authorized for senior-level positions under section 5376 of title 5;

(3)

pay any employee appointed under paragraph (1), other than an employee appointed to a position designated as described in paragraph (2)(A), payments in addition to basic pay within the limit applicable to the employee under subsection (d); and

(4)

during any fiscal year—

(A)

pay up to 15 individuals newly appointed pursuant to paragraph (1)(B) the travel, transportation, and relocation expenses and services described under sections 5724, 5724a, and 5724c of title 5; and

(B)

pay up to 15 individuals previously appointed pursuant to such paragraph, upon separation, the travel, transportation, and relocation expenses and services described under such sections (as applicable).

(c)Limitation on Term of Appointment.—

(1)In general.—

Except as provided in paragraph (2), the service of an employee under an appointment under subsection (b)(1) may not exceed four years.

(2)Extension.—

The official responsible for the administration of a program under subsection (a) may, in the case of a particular employee under the program, extend the period to which service is limited under paragraph (1) by up to two years if the official determines that such action is necessary to promote the efficiency of a laboratory of a military department, the Defense Advanced Research Projects Agency, the Office of Operational Test and Evaluation, the Strategic Capabilities Office, the Defense Innovation Unit, the activities under section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), the Space Development Agency, or the National Geospatial-Intelligence Agency, as applicable.

(d)Maximum Amount of Additional Payments Payable.—

Notwithstanding any other provision of this section or section 5307 of title 5, no additional payments may be paid to an employee under subsection (b)(3) in any calendar year if, or to the extent that, the employee’s total annual compensation in such calendar year will exceed the maximum amount of total annual compensation payable at the salary set in accordance with section 104 of title 3.

Source credit: (Added Pub. L. 114–328, div. A, title XI, § 1121(a)(1), Dec. 23, 2016, 130 Stat. 2451, § 1599h; amended Pub. L. 115–232, div. A, title XI, § 1111, Aug. 13, 2018, 132 Stat. 2011; Pub. L. 116–92, div. A, title II, § 212, title XI, § 1101, Dec. 20, 2019, 133 Stat. 1255, 1595; Pub. L. 116–260, div. W, title IV, § 402, Dec. 27, 2020, 134 Stat. 2377; Pub. L. 116–283, div. A, title XVI, § 1602, title XVII, § 1708(a), Jan. 1, 2021, 134 Stat. 4042, 4085; renumbered § 4092, 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. 117–81, div. A, title X, § 1081(a)(21), title XI, § 1107, Dec. 27, 2021, 135 Stat. 1920, 1951; Pub. L. 117–103, div. X, title IV, § 412, Mar. 15, 2022, 136 Stat. 976; Pub. L. 117–263, div. A, title II, §§ 212(a), 213, title XI, § 1109, Dec. 23, 2022, 136 Stat. 2466, 2471, 2819; Pub. L. 118–31, div. A, title II, § 213, title XVIII, § 1801(a)(33), Dec. 22, 2023, 137 Stat. 183, 685; Pub. L. 118–159, div. A, title II, § 216, Dec. 23, 2024, 138 Stat. 1825.)

history & why it existsrecord from the source credit

2016Enacted · Pub. L. 114-328 · 130 Stat. 2451
2018Amended · Pub. L. 115-232 · 132 Stat. 2011
2019Amended · Pub. L. 116-92 · 133 Stat. 1255, 1595
2020Amended · Pub. L. 116-260 · 134 Stat. 2377
2021Amended · Pub. L. 116-283 · 134 Stat. 4042, 4085
2021Amended · Pub. L. 116-283 · 135 Stat. 2153
2021Amended · Pub. L. 117-81 · 135 Stat. 1920, 1951
2022Amended · Pub. L. 117-103 · 136 Stat. 976
2022Amended · Pub. L. 117-263 · 136 Stat. 2466, 2471, 2819
2023Amended · Pub. L. 118-31 · 137 Stat. 183, 685
2024Amended · Pub. L. 118-159 · 138 Stat. 1825

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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