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10 U.S.C. § 4121 — Science and technology reinvention laboratories: authority and designation

submitted 5 years ago by Pub. L. 117-81 to r/title-10-ARMED-FORCES · 738 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Defense may use personnel demonstration projects at designated Defense science and technology laboratories. This section designates laboratories and sets rules for converting their civilian employees.

(a) In General. (1) The Secretary of Defense may conduct personnel demonstration projects at Defense laboratories that the Secretary designates as science and technology reinvention laboratories. (2)(A) Each project must generally resemble the China Lake demonstration project. (B) That project is the project authorized by section 6 of the Civil Service Miscellaneous Amendments Act of 1983 (Public Law 98–224) to continue at the Naval Weapons Center in China Lake, California, and the Naval Ocean Systems Center in San Diego, California. (3) If the Secretary conducts a project under paragraph (1), title 5 section 4703 applies, except that subsection (d) does not apply; the Secretary uses the authority in paragraph (1), not the authority in section 4703; and the Secretary exercises the Office of Personnel Management's section 4703 authorities through the Under Secretary of Defense for Research and Engineering. The Under Secretary must emphasize efficient laboratory operations and may ask science and technology reinvention laboratories for administrative help reviewing, researching, and deciding project proposals. (4) Employees covered by a project are exempt from, and may not be counted for, statutory or regulatory limits on supervisory ratios or on the maximum number of employees in particular employment categories. The laboratory director manages them under the Under Secretary's supervision. (5) Title 5 section 5373's limits do not apply to the Secretary's authority under this subsection to set salary schedules and related benefits. (b) Designation of Laboratories. The following are designated laboratories: (1) Air Force Research Laboratory; (2) Joint Warfare Analysis Center; (3) Army Research Institute for the Behavioral and Social Sciences; (4) Combat Capabilities Development Command Armaments Center; (5) Combat Capabilities Development Command Army Research Laboratory; (6) Combat Capabilities Development Command Aviation and Missile Center; (7) Combat Capabilities Development Command Chemical Biological Center; (8) Combat Capabilities Development Command Command, Control, Communications, Computers, Cyber, Intelligence, Surveillance, and Reconnaissance Center; (9) Combat Capabilities Development Command Ground Vehicle Systems Center; (10) Combat Capabilities Development Command Soldier Center; (11) Engineer Research and Development Center; (12) Medical Research and Development Command; (13) Technical Center, US Army Space and Missile Defense Command; (14) Naval Air Systems Command Warfare Centers; (15) Naval Facilities Engineering Command Engineering and Expeditionary Warfare Center; (16) Naval Information Warfare Centers, Atlantic and Pacific; (17) Naval Medical Research Center; (18) Naval Research Laboratory; (19) Naval Sea Systems Command Warfare Centers; and (20) Office of Naval Research. (c) Conversion Procedures. The Secretary must create procedures to move the civilian personnel of each laboratory designated under subsection (b) into the personnel system of an appropriate demonstration project under subsection (a). The conversion must not adversely affect pay or any other employment term or condition; must be consistent with title 5 section 4703(f); must be finished within 18 months after designation; and does not apply to prevailing-rate employees (as defined in title 5 section 5342(a)(2)) or senior executives (as defined in title 5 section 3132(a)(3)). (d) Limitation. A designated laboratory may not implement another personnel system without prior congressional authorization.

the actual law source: uscode.house.gov ↗public domain
(a)In General.—
(1)

The Secretary of Defense may carry out personnel demonstration projects at Department of Defense laboratories designated by the Secretary as Department of Defense science and technology reinvention laboratories.

(2)
(A)

Each personnel demonstration project carried out under the authority of paragraph (1) shall be generally similar in nature to the China Lake demonstration project.

(B)

For purposes of subparagraph (A), the China Lake demonstration project is the demonstration project that is authorized by section 6 of the Civil Service Miscellaneous Amendments Act of 1983 (Public Law 98–224) to be continued at the Naval Weapons Center, China Lake, California, and at the Naval Ocean Systems Center, San Diego, California.

(3)

If the Secretary carries out a demonstration project at a laboratory pursuant to paragraph (1), section 4703 of title 5 shall apply to the demonstration project, except that—

(A)

subsection (d) of such section 4703 shall not apply to the demonstration project;

(B)

the authority of the Secretary to carry out the demonstration project is that which is provided in paragraph (1) rather than the authority which is provided in such section 4703; and

(C)

the Secretary shall exercise the authorities granted to the Office of Personnel Management under such section 4703 through the Under Secretary of Defense for Research and Engineering (who shall place an emphasis in the exercise of such authorities on enhancing efficient operations of the laboratory and who may, in exercising such authorities, request administrative support from science and technology reinvention laboratories to review, research, and adjudicate personnel demonstration project proposals).

(4)

The employees of a laboratory covered by a personnel demonstration project carried out under this section shall be exempt from, and may not be counted for the purposes of, any constraint or limitation in a statute or regulation in terms of supervisory ratios or maximum number of employees in any specific category or categories of employment that may otherwise be applicable to the employees. The employees shall be managed by the director of the laboratory subject to the supervision of the Under Secretary of Defense for Research and Engineering.

(5)

The limitations in section 5373 of title 5 do not apply to the authority of the Secretary under this subsection to prescribe salary schedules and other related benefits.

(b)Designation of Laboratories.—

Each of the following is hereby designated as a Department of Defense science and technology reinvention laboratory as described in subsection (a):

(1)

The Air Force Research Laboratory.

(2)

The Joint Warfare Analysis Center.

(3)

The Army Research Institute for the Behavioral and Social Sciences.

(4)

The Combat Capabilities Development Command Armaments Center.

(5)

The Combat Capabilities Development Command Army Research Laboratory.

(6)

The Combat Capabilities Development Command Aviation and Missile Center.

(7)

The Combat Capabilities Development Command Chemical Biological Center.

(8)

The Combat Capabilities Development Command Command, Control, Communications, Computers, Cyber, Intelligence, Surveillance, and Reconnaissance Center.

(9)

The Combat Capabilities Development Command Ground Vehicle Systems Center.

(10)

The Combat Capabilities Development Command Soldier Center.

(11)

The Engineer Research and Development Center.

(12)

The Medical Research and Development Command.

(13)

The Technical Center, US Army Space and Missile Defense Command.

(14)

The Naval Air Systems Command Warfare Centers.

(15)

The Naval Facilities Engineering Command Engineering and Expeditionary Warfare Center.

(16)

The Naval Information Warfare Centers, Atlantic and Pacific.

(17)

The Naval Medical Research Center.

(18)

The Naval Research Laboratory.

(19)

The Naval Sea Systems Command Warfare Centers.

(20)

The Office of Naval Research.

(c)Conversion Procedures.—

The Secretary of Defense shall implement procedures to convert the civilian personnel of each Department of Defense science and technology reinvention laboratory, as so designated by subsection (b), to the personnel system under an appropriate demonstration project (as referred to in subsection (a)). Any conversion under this subsection—

(1)

shall not adversely affect any employee with respect to pay or any other term or condition of employment;

(2)

shall be consistent with section 4703(f) of title 5;

(3)

shall be completed within 18 months after designation; and

(4)

shall not apply to prevailing rate employees (as defined by section 5342(a)(2) of title 5) or senior executives (as defined by section 3132(a)(3) of such title).

(d)Limitation.—

The science and technology reinvention laboratories, as so designated by subsection (a), may not implement any personnel system, other than a personnel system under an appropriate demonstration project (as referred to subsection (a)), without prior congressional authorization.

Source credit: (Added Pub. L. 117–81, div. A, title II, § 215(a), Dec. 27, 2021, 135 Stat. 1591.)

history & why it existsrecord from the source credit
  • 2021Enacted · Pub. L. 117-81 · 135 Stat. 1591

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-81 on 2021-12-27.

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