S.Amdt. 2069

1. Rewrites section 1107

   Replaces

   In S. 1197 · Placed on Calendar Senate

   Struck: SEC. 1107. TEMPORARY AUTHORITY FOR DIRECT APPOINTMENT TO CERTAIN POSITIONS AT DEPARTMENT OF DEFENSE RESEARCH AND ENGINEERING FACILITIES.

   Struck: (a) Authority for Direct Appointment.--

   Struck: (1) Candidates for scientific and engineering positions at science and technology reinvention laboratories.--The Secretary of Defense may appoint qualified candidates possessing a bachelor's 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, United States Code (other than sections 3303 and 3328 of such title).

   Struck: (2) Veteran candidates for similar positions at research and engineering facilities.--The Secretary 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, United States Code.

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   Struck: (b) Covered Positions.--

   Struck: (1) Candidates for scientific and engineering positions.-- The positions described in this paragraph are scientific and engineering positions in any laboratory designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2486; 10 U.S.C. 2358 note) as a Department of Defense science and technology reinvention laboratory.

   Struck: (2) Qualified veteran candidates.--The positions described in this paragraph are scientific, technical, engineering, and mathematics positions, including technicians, in the following:

   Struck: (A) Any laboratory referred to in paragraph (1).

   Struck: (B) Any other Department of Defense research and engineering agency or organization designated by the Secretary for purposes of subsection (a)(2).

   Struck: (c) Limitation on Number Appointable in Any Calendar Year.--

   Struck: (1) In general.--The authority under this section may not, in any calendar 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:

   Struck: (A) In the case of a laboratory described in subsection (b)(1) with respect to appointment authority under subsection (a)(1), the number equal to 1 percent of the total number of scientific and engineering positions in such laboratory that are filled as of the close of the fiscal year last ending before the start of such calendar year.

   Struck: (B) 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 1 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 fiscal year last ending before the start of such calendar year.

   Struck: (2) Full-time equivalent basis.--For purposes of this subsection, positions and candidates shall be counted on a full-time equivalent basis.

   Struck: (d) Definitions.--In this section:

   Struck: (1) The term "employee" has the meaning given that term in section 2105 of title 5, United States Code.

   Struck: (2) The term "veteran" has the meaning given that term in section 101 of title 38, United States Code.

   Struck: (e) Sunset.--Appointments may not be made under this section after December 31, 2019.

   Inserted: SEC. 1107. DEFENSE SCIENCE INITIATIVE FOR PERSONNEL.

   Inserted: (a) Statement of Policy.--It is the policy of the United States to assure the scientific and technological preeminence of its defense laboratories, which are essential to the national security, by requiring the Department of Defense to provide to its science and technology laboratories--

   Inserted: (1) the personnel and support services needed to carry out their mission; and

   Inserted: (2) decentralized management authority.

   Inserted: (b) Establishment of Initiative.--There is hereby established within the Department of Defense an initiative to be known as the Defense Science Initiative for Personnel (in this section referred to as the "Initiative"). The Initiative shall provide authorities for the Department for the employment and management of personnel of Department of Defense Science and Technology Reinvention Laboratories.

   Inserted: (c) Laboratories Covered by Initiative.--The laboratories covered by the Initiative--

   Inserted: (1) shall be those designated as Science and Technology Reinvention Laboratories (in this section referred to as "STRLs") by the Secretary or by paragraph (2); and

   Inserted: (2) shall include the laboratories enumerated in section 1105 of the National Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 2358 note), which laboratories are hereby designated as STRLs.

   Inserted: (d) Science and Engineering Degreed and Technical Positions at STRLs.--

   Inserted: (1) In general.--The director of any STRL may appoint qualified candidates, without regard to subchapter I of chapter 33 of title 5, United States Code (other than sections 3303 and 3328 of such title), directly to scientific, technical, engineering, mathematical, or medical positions within such STRL, on either a temporary, term, or permanent basis.

   Inserted: (2) Qualified candidates defined.--Notwithstanding any provision of chapter 51 of title 5, United States Code, in this subsection, the term "qualified candidate" means an individual who is--

   Inserted: (A) a candidate who has earned a bachelor's degree;

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   Inserted: (B) a student enrolled in a program of undergraduate or graduate instruction leading to a bachelor's or master's degree in a scientific, technical, engineering, mathematical, or medical course of study at an institution of higher education (as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); or

   Inserted: (C) a veteran or disabled veteran, as defined in paragraph (1) or (2) of section 2108 of title 5, United States Code, respectively, who served as a technician in the Armed Forces in a scientific, technical, engineering, mathematical, or medical occupational specialty.

   Inserted: (3) Limitation.--The authority in paragraph (2)(A) may not, in any calendar year and with respect to any STRL, be exercised with respect to a number of candidates hired into permanent, term, and temporary positions greater than the number equal to 5 percent of the scientific, technical, engineering, mathematical, and medical positions within such STRL that are filled as of the close of the fiscal year before the start of such calendar year.

   Inserted: (4) Rule of construction.--Any exercise of authority under paragraph (1) shall be considered to satisfy section 2301(b)(1) of title 5, United States Code.

   Inserted: (e) Exclusions From Personnel Limitations.--The director of any STRL shall manage the workforce strength, structure, composition, and compensation of such STRL--

   Inserted: (1) without regard to any limitation on appointments or funding with respect to such STRL, subject to paragraph (2); and

   Inserted: (2) in a manner consistent with the budget available with respect to such STRL.

   Inserted: (f) Senior Executive Service Rotation Authority.--The Secretary of Defense shall, exercising the authority granted to the Secretary by section 3131 of title 5, United States Code, delegate decision making authority under section 3131(5) of such title to the director of each STRL described in subsection (c)(2) to determine the duration of assignment of senior executives assigned to such laboratory, consistent with carrying out the mission of such laboratory.

   Inserted: (g) Senior Scientific Technical Managers.--

   Inserted: (1) Establishment.--There is hereby established in each STRL a category of senior professional scientific positions, the incumbents of which shall be designated as "senior scientific technical managers" and which shall, notwithstanding section 5108 of title 5, United States Code, be positions classified above GS-15 of the General Schedule. The primary functions of such positions shall be--

   Inserted: (A) 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; and

   Inserted: (B) to carry out technical supervisory or program management responsibilities.

   Inserted: (2) Appointments.--The 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 342(b) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2721), 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 3 percent of the number of scientists and engineers employed at such laboratory at the end of the fiscal year prior to the calendar year in which any appointments subject to that numerical limitation are made.

   Inserted: (h) Selection and Compensation of Specially-qualified Scientific and Professional Personnel.--Section 3104 of title 5, United States Code, is amended by adding at the end the following new subsection:

   Inserted: "(d) In addition to the number of positions authorized by subsection (a), the director of each Science and Technology Reinvention Laboratory described in section 1107(c)(2) of the National Defense Authorization Act for Fiscal Year 2014 may establish, without regard to the second sentence of subsection (a), such number of specially-qualified scientific and professional (ST) positions as may be necessary to carry out the research and development functions of the laboratory and which require the services of specially-qualified personnel. The selection process governing appointments made under this subsection shall be determined by the director of the laboratory involved, and the rate of basic pay for the employee holding any such position shall be set by the laboratory director at a rate not to exceed the rate for level II of the Executive Schedule.".

   Original wording

   Strike section 1107 and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed