[USC04] 10 USC Ch. 81: Front Matter
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10 USC Ch. 81: Front Matter
From Title 10-ARMED FORCESSubtitle A-General Military LawPART II-PERSONNELCHAPTER 81-CIVILIAN EMPLOYEES

CHAPTER 81-CIVILIAN EMPLOYEES

Sec.
1580.
Emergency essential employees: designation.
1580a.
Emergency essential employees: notification of required participation in anthrax vaccine immunization program.
1581.
Foreign National Employees Separation Pay Account.
1582.
Assistive technology, assistive technology devices, and assistive technology services.
1583.
Employment of certain persons without pay.
1584.
Employment of non-citizens.
1585.
Carrying of firearms.
1585a.
Special agents of the Defense Criminal Investigative Service: authority to execute warrants and make arrests.
1586.
Rotation of career-conditional and career employees assigned to duty outside the United States.
1587.
Employees of nonappropriated fund instrumentalities: reprisals.
1587a.
Employees of nonappropriated fund instrumentalities: senior executive pay levels.
1588.
Authority to accept certain voluntary services.
1589.
Participation in management of specified non-Federal entities: authorized activities.
[1590.
Repealed.]
1591.
Reimbursement for travel and transportation expenses when accompanying Members of Congress.
1592.
Prohibition on payment of severance pay to foreign nationals in the event of certain overseas base closures.
1593.
Uniform allowance: civilian employees.
1594.
Reimbursement for financial institution charges incurred because of Government error in direct deposit of pay.
1595.
Civilian faculty members at certain Department of Defense schools: employment and compensation.
1596.
Foreign language proficiency: special pay for proficiency beneficial for intelligence interests.
1596a.
Foreign language proficiency: special pay for proficiency beneficial for other national security interests.
1596b.
Foreign language proficiency: National Foreign Language Skills Registry.
1597.
Civilian positions: guidelines for reductions.
1598.
Assistance to terminated employees to obtain certification and employment as teachers or employment as teachers' aides.
[1599.
Renumbered.]
1599a.
Financial assistance to certain employees in acquisition of critical skills.
1599b.
Employees abroad: travel expenses; health care.
1599c.
Health care professionals: enhanced appointment and compensation authority for personnel for care and treatment of wounded and injured members of the armed forces.
1599d.
Financial management positions: authority to prescribe professional certification and credential standards.
1599e.
Probationary period for employees.
1599f.
United States Cyber Command recruitment and retention.
1599g.
Public-private talent exchange.
1599h.
Personnel management authority to attract experts in science and engineering.

        

Amendments

2016- Pub. L. 114–328, div. A, title XI, §§1104(b), 1121(a)(2), Dec. 23, 2016, 130 Stat. 2447 , 2452, added items 1599g and 1599h.

2015- Pub. L. 114–92, div. A, title XI, §§1105(a)(2), 1107(c), Nov. 25, 2015, 129 Stat. 1024 , 1027, added items 1599e and 1599f.

2011- Pub. L. 112–81, div. A, title X, §1051(b), Dec. 31, 2011, 125 Stat. 1582 , added item 1599d and struck out former item 1599d "Professional accounting positions: authority to prescribe certification and credential standards".

2008- Pub. L. 110–181, div. A, title XVI, §1636(b), Jan. 28, 2008, 122 Stat. 464 , added item 1599c and struck out former item 1599c "Appointment in excepted service of certain health care professionals".

2004- Pub. L. 108–375, div. A, title XI, §1104(b), Oct. 28, 2004, 118 Stat. 2074 , added item 1587a.

Pub. L. 108–375, div. A, title X, §1084(g), Oct. 28, 2004, 118 Stat. 2064 , amended directory language of Pub. L. 107–314, §1064(a)(2), effective Dec. 2, 2002, as if included in Pub. L. 107–314 as enacted. See 2002 Amendment note below.

2002- Pub. L. 107–314, div. A, title XI, §1104(a)(2), Dec. 2, 2002, 116 Stat. 2661 , added item 1599d.

Pub. L. 107–314, div. A, title X, §1064(a)(2), Dec. 2, 2002, 116 Stat. 2654 , as amended by Pub. L. 108–375, div. A, title X, §1084(g), Oct. 28, 2004, 118 Stat. 2064 , added item 1596b.

2001- Pub. L. 107–107, div. A, title XI, §1104(b), Dec. 28, 2001, 115 Stat. 1238 , added item 1599c.

2000- Pub. L. 106–398, §1 [[div. A], title VII, §751(c)(2), title XI, §§1102(b), 1131(c)], Oct. 30, 2000, 114 Stat. 1654 , 1654A-194, 1654A-311, 1654A-317, added items 1580a, 1582, 1596, and 1596a and struck out former item 1596 "Foreign language proficiency: special pay".

1999- Pub. L. 106–65, div. A, title XI, §1103(b)(2), Oct. 5, 1999, 113 Stat. 777 , added item 1580.

1998- Pub. L. 105–339, §6(c)(1)(B), Oct. 31, 1998, 112 Stat. 3188 , struck out item 1599c "Veterans' preference requirements: Department of Defense failure to comply treated as a prohibited personnel practice".

1997- Pub. L. 105–85, div. A, title V, §593(b)(2), title X, §1071(b), Nov. 18, 1997, 111 Stat. 1764 , 1898, added items 1585a and 1589.

1996- Pub. L. 104–201, div. A, title X, §1074(a)(7), title XVI, §§1604(b), 1614(b)(2), 1615(a)(2), 1633(c)(2), Sept. 23, 1996, 110 Stat. 2659 , 2736, 2739, 2741, 2751, struck out items 1589 "Prohibition on payment of lodging expenses when adequate Government quarters are available", 1590 "Management of civilian intelligence personnel of the military departments", and 1599 "Postemployment assistance: certain terminated intelligence employees", struck out "Sec." at beginning of item 1599a, and added items 1599b and 1599c.

Pub. L. 104–106, div. A, title X, §1040(d)(2), Feb. 10, 1996, 110 Stat. 433 , inserted ": reprisals" after "instrumentalities" in item 1587.

Pub. L. 104–93, title V, §505(b), Jan. 6, 1996, 109 Stat. 974 , added item 1599a.

1994- Pub. L. 103–359, title VIII, §806(a)(2), Oct. 14, 1994, 108 Stat. 3442 , added item 1599.

1993- Pub. L. 103–160, div. A, title IX, §923(a)(2), Nov. 30, 1993, 107 Stat. 1731 , substituted "Civilian faculty members at certain Department of Defense schools: employment and compensation" for "National Defense University; Foreign Language Center of the Defense Language Institute: civilian faculty members" in item 1595.

1992- Pub. L. 102–484, div. A, title III, §371(b), title IX, §923(a)(2)(B), div. D, title XLIV, §4442(b), Oct. 23, 1992, 106 Stat. 2384 , 2474, 2732, substituted "University; Foreign Language Center of the Defense Language Institute" for "University:" in item 1595, substituted "Civilian positions: guidelines for reductions" for "Employees of industrial-type or commercial-type activities: guidelines for future reductions" in item 1597, and added item 1598.

1991- Pub. L. 102–190, div. A, title X, §1003(a)(2), Dec. 5, 1991, 105 Stat. 1456 , added item 1581.

Pub. L. 102–25, title VII, §701(e)(4), (8)(B), Apr. 6, 1991, 105 Stat. 114 , 115, substituted "Employment of non-citizens" for "Laws relating to employment of non-citizens: not applicable to research and development activities" in item 1584 and struck out "mandatory" after "error in" in item 1594.

1990- Pub. L. 101–510, div. A, title III, §322(a)(2), title XIV, §1484(a), Nov. 5, 1990, 104 Stat. 1529 , 1715, redesignated item 1592 "Foreign language proficiency: special pay" as item 1596 and added item 1597.

1989- Pub. L. 101–193, title V, §501(a)(2), Nov. 30, 1989, 103 Stat. 1708 , added item 1592 "Foreign language proficiency: special pay".

Pub. L. 101–189, div. A, title III, §§311(b)(2), 336(a)(2), title VI, §664(b)(2), title XI, §1124(a)(2), Nov. 29, 1989, 103 Stat. 1412 , 1419, 1467, 1558, added item 1592 "Prohibition on payment of severance pay to foreign nationals in the event of certain overseas base closures.", and items 1593 to 1595.

1987- Pub. L. 100–180, div. A, title VI, §617(b)(2), Dec. 4, 1987, 101 Stat. 1097 , added item 1591.

1986- Pub. L. 99–569, title V, §504(b), Oct. 27, 1986, 100 Stat. 3199 , added item 1590.

1984- Pub. L. 98–525, title XIV, §1401(f)(2), Oct. 19, 1984, 98 Stat. 2618 , added item 1589.

1983- Pub. L. 98–94, title XII, §§1253(a)(2), 1266(b), Sept. 24, 1983, 97 Stat. 700 , 705, added items 1587 and 1588.

1982- Pub. L. 97–295, §1(19)(B), (20)(C), Oct. 12, 1982, 96 Stat. 1290 , struck out items 1581 "Appointment: professional and scientific services" and 1582 "Professional and scientific services: reports to Congress on appointments", and substituted "pay" for "compensation" in item 1583.

1966- Pub. L. 89–718, §13, Nov. 2, 1966, 80 Stat. 1117 , struck out item 1580 "Appointment generally".

1962- Pub. L. 87–651, title II, §206(b), Sept. 7, 1962, 76 Stat. 520 , added item 1580.

1960- Pub. L. 86–585, §2, July 5, 1960, 74 Stat. 327 , added item 1586.

1958- Pub. L. 85–577, §1(2), July 31, 1958, 72 Stat. 456 , added item 1585.

Pilot Programs on Appointment in the Excepted Service in the Department of Defense of Physically Disqualified Former Cadets and Midshipmen

Pub. L. 115–91, div. A, title V, §549, Dec. 12, 2017, 131 Stat. 1399 , provided that:

"(a) Pilot Programs Authorized.-

"(1) In general.-Each Secretary of a military department may carry out a pilot program under which former cadets or midshipmen described in paragraph (2) (in this section referred to as 'eligible individuals') under the jurisdiction of such Secretary may be appointed by the Secretary of Defense in the excepted service under section 3320 of title 5, United States Code, in the Department of Defense.

"(2) Cadets and midshipmen.-Except as provided in paragraph (3), a former cadet or midshipman described in this paragraph is any former cadet at the United States Military Academy or the United States Air Force Academy, and any former midshipman at the United States Naval Academy, who-

"(A) completed the prescribed course of instruction and graduated from the applicable service academy; and

"(B) is determined to be medically disqualified to complete a period of active duty in the Armed Forces prescribed in an agreement signed by such cadet or midshipman in accordance with section 4348, 6959, or 9348 of title 10, United States Code.

"(3) Exception.-A former cadet or midshipman whose medical disqualification as described in paragraph (2)(B) is the result of the gross negligence or misconduct of the former cadet or midshipman is not an eligible individual for purposes of appointment under a pilot program.

"(b) Purpose.-The purpose of the pilot programs conducted under this section is to evaluate the feasibility and advisability of permitting eligible individuals who cannot accept a commission or complete a period of active duty in the Armed Forces prescribed by the Secretary of the military department concerned to fulfill an obligation for active duty service in the Armed Forces through service as a civilian employee of the Department of Defense.

"(c) Positions.-

"(1) In general.-The positions to which an eligible individual may be appointed under a pilot program conducted under this section are existing positions within the Department of Defense in grades up to GS–9 under the General Schedule under section 5332 of title 5, United States Code (or equivalent). The authority in subsection (a) does not authorize the creation of additional positions, or create any vacancies to which eligible individuals may be appointed under a pilot program.

"(2) Term positions.-Any appointment under a pilot program shall be to a position having a term of five years or less.

"(d) Scope of Authority.-

"(1) Recruitment and retention of eligible individuals.-The authority in subsection (a) may be used only to the extent necessary to recruit and retain on a non-competitive basis cadets and midshipmen who are relieved of an obligation for active duty in the Armed Forces due to becoming medically disqualified from serving on active duty in the Armed Forces, and may not be used to appoint any other individuals in the excepted service.

"(2) Voluntary acceptance of appointments.-A pilot program conducted under this section may not be used as an implicit or explicit basis for compelling an eligible individual to accept an appointment in the excepted service in accordance with this section.

"(e) Relationship to Repayment Provisions.-Completion of a term appointment pursuant to a pilot program conducted under this section shall relieve the eligible individual concerned of any repayment obligation under section 303a(e) or 373 of title 37, United States Code, with respect to the agreement of the individual described in subsection (a)(2)(B).

"(f) Termination.-

"(1) In general.-The authority to appoint eligible individuals in the excepted service under a pilot program conducted under this section shall expire on the date that is four years after the date of the enactment of this Act [Dec. 12, 2017].

"(2) Effect on existing appointments.-The termination by paragraph (1) of the authority in subsection (a) shall not affect any appointment made under that authority before the termination date specified in paragraph (1) in accordance with the terms of such appointment.

"(g) Reporting Requirement.-

"(1) Report required.-Not later than the date that is three years after the date of the enactment of this Act [Dec. 12, 2017], each Secretary of a military department shall submit to the appropriate congressional committees a report containing an evaluation of the effectiveness of the pilot program conducted by such Secretary under this section, including the number of eligible individuals appointed as civilian employees of the Department of Defense under the program and the retention rate for such employees.

"(2) Appropriate congressional committees defined.-In this section, the term 'appropriate congressional committees' means the Committee on Armed Services and the Committee on Homeland Security and Government Affairs of the Senate and the Committee on Armed Services and the Committee on Oversight and Government Reform of the House of Representatives."

Direct Hire Authority for the Department of Defense for Personnel To Assist in Business Transformation and Management Innovation

Pub. L. 115–91, div. A, title XI, §1101, Dec. 12, 2017, 131 Stat. 1627 , provided that:

"(a) Authority.-The Secretary of Defense may appoint in the Department of Defense individuals described in subsection (b) without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, for the purpose of assisting and facilitating the efforts of the Department in business transformation and management innovation.

"(b) Covered Individuals.-The individuals described in this subsection are individuals who have all of the following:

"(1) A management or business background.

"(2) Experience working with large or complex organizations.

"(3) Expertise in management and organizational change, data analytics, or business process design.

"(c) Limitation on Number.-The number of individuals appointed pursuant to this section at any one time may not exceed 10 individuals.

"(d) Nature of Appointment.-Any appointment under this section shall be on a term basis, and shall be subject to the term appointment regulations in part 316 of title 5, Code of Federal Regulations (other than requirements in such regulations relating to competitive hiring). The term of any such appointment shall be specified by the Secretary at the time of the appointment.

"(e) Briefings.-

"(1) In general.-Not later than September 30, 2019, and September 30, 2021, the Secretary shall brief the appropriate committees of Congress on the exercise of the authority in this section.

"(2) Elements.-Each briefing under this subsection shall include the following:

"(A) A description and assessment of the results of the use of such authority as of the date of such briefing.

"(B) Such recommendations as the Secretary considers appropriate for extension or modification of such authority.

"(3) Appropriate committees of congress defined.-In this subsection, the term 'appropriate committees of Congress' means-

"(A) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and

"(B) the Committee on Armed Services and the Committee on Government Oversight and Reform of the House of Representatives.

"(f) Sunset.-

"(1) In general.-The authority to appoint individuals in this section shall expire on September 30, 2021.

"(2) Construction with existing appointments.-The expiration in paragraph (1) of the authority in this section shall not be construed to terminate any appointment made under this section before the date of expiration that continues according to its term as of the date of expiration."

Pilot Program on Enhanced Personnel Management System for Cybsersecurity and Legal Professionals in the Department of Defense

Pub. L. 115–91, div. A, title XI, §1110, Dec. 12, 2017, 131 Stat. 1631 , provided that:

"(a) Pilot Program Required.-The Secretary of Defense shall carry out within the Department of Defense a pilot program to assess the feasability and advisability of an enhanced personnel management system in accordance with this section for cybersecurity and legal professionals in the Department described in subsection (b) who enter civilian service with the Department on or after January 1, 2020.

"(b) Cybersecurity and Legal Professionals.-

"(1) In general.-The cybersecurity and legal professionals described in this subsection are the following:

"(A) Civilian cybersecurity professionals in the Department of Defense consisting of civilian personnel engaged in or directly supporting planning, commanding and controlling, training, developing, acquiring, modifying, and operating systems and capabilities, and military units and intelligence organizations (other than those funded by the National Intelligence Program) that are directly engaged in or used for offensive and defensive cyber and information warfare or intelligence activities in support thereof.

"(B) Civilian legal professionals in the Department occupying legal or similar positions, as determined by the Secretary of Defense for purposes of the pilot program, that require eligibility to practice law in a State or territory of the United States.

"(2) Inapplicability to ses positions.-The pilot program shall not apply to positions within the Senior Executive Service under subchapter VIII of chapter 53 of title 5, United States Code.

"(c) Direct-appointment Authority.-

"(1) Inapplicability of general civil service appointment authorities to appointments.-Under the pilot program, the Secretary of Defense, with respect to the Defense Agencies, and the Secretary of the military department concerned, with respect to the military departments, may appoint qualified candidates as cybersecurity and legal professionals without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code.

"(2) Appointment on direct-hire basis.-Appointments under the pilot program shall be made on a direct-hire basis.

"(d) Term Appointments.-

"(1) Renewable term appointments.-Each individual shall serve with the Department of Defense as a cybersecurity or legal professional under the pilot program pursuant to an initial appointment to service with the Department for a term of not less than 2 years nor more than 8 years. Any term of appointment under the pilot program may be renewed for one or more additional terms of not less than 2 years nor more than 8 years as provided in subsection (h).

"(2) Length of terms.-The length of the term of appointment to a position under the pilot program shall be prescribed by the Secretary of Defense taking into account the national security, mission, and other applicable requirements of the position. Positions having identical or similar requirements or terms may be grouped into categories for purposes of the pilot program. The Secretary may delegate any authority in this paragraph to a commissioned officer of the Armed Forces in pay grade O–7 or above or an employee in the Department in the Senior Executive Service.

"(e) Nature of Service Under Appointments.-

"(1) Treatment of personnel appointed as employees.-Except as otherwise provided by this section, individuals serving with the Department of Defense as cybersecurity or legal professionals under the pilot program pursuant to appointments under this section shall be considered employees (as specified in section 2105 of title 5, United States Code) for purposes of the provisions of title 5, United States Code, and other applicable provisions of law, including, in particular, for purposes as follows:

"(A) Eligibility for participation in the Federal Employees' Retirement System under chapter 84 of title 5, United States Code, subject to the provisions of section 8402 of such title and the regulations prescribed pursuant to such section.

"(B) Eligibility for enrollment in a health benefits plan under chapter 89 of title 5, United States Code (commonly referred as the 'Federal Employees Health Benefits Program').

"(C) Eligibility for and subject to the employment protections of subpart F of part III of title 5, United States Code, relating to merit principles and protections.

"(D) Eligibility for the protections of chapter 81, of title 5, United States Code, relating to workers compensation.

"(2) Scope of rights and benefits.-In administering the pilot program, the Secretary of Defense shall specify, and from time to time update, a comprehensive description of the rights and benefits of individuals serving with the Department under the pilot program pursuant to this subsection and of the provisions of law under which such rights and benefits arise.

"(f) Compensation.-

"(1) Basic pay.-Individuals serving with the Department of Defense as cybersecurity or legal professionals under the pilot program shall be paid basic pay for such service in accordance with a schedule of pay prescribed by the Secretary of Defense for purposes of the pilot program.

"(2) Treatment as basic pay.-Basic pay payable under the pilot program shall be treated for all purposes as basic pay paid under the provisions of title 5, United States Code.

"(3) Performance awards.-Individuals serving with the Department as cybersecurity or legal professionals under the pilot program may be awarded such performance awards for outstanding performance as the Secretary shall prescribe for purposes of the pilot program. The performance awards may include a monetary bonus, time off with pay, or such other awards as the Secretary considers appropriate for purposes of the pilot program. The award of performance awards under the pilot program shall be based in accordance with such policies and requirements as the Secretary shall prescribe for purposes of the pilot program.

"(4) Additional compensation.-Individuals serving with the Department as cybersecurity or legal professionals under the pilot program may be awarded such additional compensation above basic pay as the Secretary (or the designees of the Secretary) consider appropriate in order to promote the recruitment and retention of highly skilled and productive cybersecurity and legal professionals to and with the Department.

"(g) Probationary Period.-The following terms of appointment shall be treated as a probationary period under the pilot program:

"(1) The first term of appointment of an individual to service with the Department of Defense as a cybersecurity or legal professional, regardless of length.

"(2) The first term of appointment of an individual to a supervisory position in the Department as a cybersecurity or legal professional, regardless of length and regardless of whether or not such term of appointment to a supervisory position is the first term of appointment of the individual concerned to service with the Department as a cybersecurity or legal professional.

"(h) Renewal of Appointments.-

"(1) In general.-The Secretary of Defense shall prescribe the conditions for the renewal of appointments under the pilot program. The conditions may apply to one or more categories of positions, positions on a case-by-case basis, or both.

"(2) Particular conditions.-In prescribing conditions for the renewal of appointments under the pilot program, the Secretary shall take into account the following (in the order specified):

"(A) The necessity for the continuation of the position concerned based on mission requirements and other applicable justifications for the position.

"(B) The service performance of the individual serving in the position concerned, with individuals with satisfactory or better performance afforded preference in renewal.

"(C) Input from employees on conditions for renewal.

"(D) Applicable private and public sector labor market conditions.

"(3) Service performance.-The assessment of the service performance of an individual under the pilot program for purposes of paragraph (2)(B) shall consist of an assessment of the ability of the individual to effectively accomplish mission goals for the position concerned as determined by the supervisor or manager of the individual based on the individual's performance evaluations and the knowledge of and review by such supervisor or manager (developed in consultation with the individual) of the individual's performance in the position. An individual's tenure of service in a position or the Department of Defense may not be the primary element of the assessment.

"(i) Professional Development.-The pilot program shall provide for the professional development of individuals serving with the Department of Defense as cybersecurity and legal professionals under the pilot program in a manner that-

"(1) creates opportunities for education, training, and career-broadening experiences, and for experimental opportunities in other organizations within and outside the Federal Government; and

"(2) reflects the differentiated needs of personnel at different stages of their careers.

"(j) Sabbaticals.-

"(1) In general.-The pilot program shall provide for an individual who is in a successive term after the first 8 years with the Department of Defense as a cybersecurity or legal professional under the pilot program to take, at the election of the individual, a paid or unpaid sabbatical from service with the Department for professional development or education purposes. The length of a sabbatical shall be any length not less than 6 months nor more than 1 year (unless a different period is approved by the Secretary of the military department or head of the organization or element of the Department concerned for purposes of this subsection). The purpose of any sabbatical shall be subject to advance approval by the organization or element in the Department in which the individual is currently performing service. The taking of a sabbatical shall be contingent on the written agreement of the individual concerned to serve with the Department for an appropriate length of time at the conclusion of the term of appointment in which the sabbatical commences, with the period of such service to be in addition to the period of such term of appointment.

"(2) Number of sabbaticals.-An individual may take more than one sabbatical under this subsection.

"(3) Repayment.-Except as provided in paragraph (4), an individual who fails to satisfy a written agreement executed under paragraph (1) with respect to a sabbatical shall repay the Department an amount equal to any pay, allowances, and other benefits received by the individual from the Department during the period of the sabbatical.

"(4) Waiver of repayment.-An agreement under paragraph (1) may include such conditions for the waiver of repayment otherwise required under paragraph (3) for failure to satisfy such agreement as the Secretary specifies in such agreement.

"(k) Regulations.-The Secretary of Defense shall administer the pilot program under regulations prescribed by the Secretary for purposes of the pilot program.

"(l) Termination.-

"(1) In general.-The authority of the Secretary of Defense to appoint individuals for service with the Department of Defense as cybersecurity or legal professionals under the pilot program shall expire on December 31, 2029.

"(2) Effect on existing appointments.-The termination of authority in paragraph (1) shall not be construed to terminate or otherwise affect any appointment made under this section before December 31, 2029, that remains valid as of that date.

"(m) Implementation.-

"(1) Interim final rule.-Not later than one year after the date of the enactment of this Act [Dec. 12, 2017], the Secretary of Defense shall prescribe an interim final rule to implement the pilot program.

"(2) Final rule.-Not later than 180 days after prescribing the interim final rule under paragraph (1) and considering public comments with respect to such interim final rule, the Secretary shall prescribe a final rule to implement the pilot program.

"(3) Objectives.-The regulations prescribed under paragraphs (1) and (2) shall accomplish the objectives set forth in subsections (a) through (j) and otherwise ensure flexibility and expedited appointment of cybersecurity and legal professionals in the Department of Defense under the pilot program.

"(n) Reports.-

"(1) Reports required.-Not later than January 30 of each of 2022, 2025, and 2028, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the carrying out of the pilot program. Each report shall include the following:

"(A) A description and assessment of the carrying out of the pilot program during the period since the commencement of the pilot program or the previous submittal of a report under this subsection, as applicable.

"(B) A description and assessment of the successes in and impediments to carrying out the pilot program system during such period.

"(C) Such recommendations as the Secretary considers appropriate for legislative action to improve the pilot program and to otherwise improve civilian personnel management of cybersecurity and legal professionals by the Department of Defense.

"(D) In the case of the report submitted in 2028, an assessment and recommendations by the Secretary on whether to make the pilot program permanent.

"(2) Appropriate committees of congress defined.-In this subsection, the term 'appropriate committees of Congress' means-

"(A) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and

"(B) the Committee on Armed Services and the Committee on Oversight and Government Reform of the House of Representatives."

Temporary and Term Appointments in the Competitive Service in the Department of Defense

Pub. L. 114–328, div. A, title XI, §1105, Dec. 23, 2016, 130 Stat. 2447 , provided that:

"(a) Appointment.-

"(1) In general.-The Secretary of Defense may make a temporary appointment or a term appointment in the Department when the need for the services of an employee in the Department is not permanent.

"(2) Extension.-The Secretary may extend a temporary appointment or a term appointment made under paragraph (1).

"(b) Appointments for Critical Hiring Needs.-

"(1) In general.-If there is a critical hiring need, the Secretary of Defense may make a noncompetitive temporary appointment or a noncompetitive term appointment in the Department of Defense, without regard to the requirements of sections 3327 and 3330 of title 5, United States Code, for a period that is not more than 18 months.

"(2) No extension available.-An appointment made under paragraph (1) may not be extended.

"(c) Regulations.-The Secretary may prescribe regulations to carry out this section.

"(d) Definitions.-In this section:

"(1) The term 'temporary appointment' means the appointment of an employee in the competitive service for a period that is not more than one year.

"(2) The term 'term appointment' means the appointment of an employee in the competitive service for a period that is more than one year and not more than five years, unless the Secretary of Defense, before the appointment of the employee, authorizes a longer period."

Direct-Hire Authority for the Department of Defense for Post-Secondary Students and Recent Graduates

Pub. L. 114–328, div. A, title XI, §1106, Dec. 23, 2016, 130 Stat. 2447 , provided that:

"(a) Hiring Authority.-Without regard to sections 3309 through 3318, 3327, and 3330 of title 5, United States Code, the Secretary of Defense may recruit and appoint qualified recent graduates and current post-secondary students to competitive service positions in professional and administrative occupations within the Department of Defense.

"(b) Limitation on Appointments.-Subject to subsection (c)(2), the total number of employees appointed by the Secretary under subsection (a) during a fiscal year may not exceed the number equal to 15 percent of the number of hires made into professional and administrative occupations of the Department at the GS–11 level and below (or equivalent) under competitive examining procedures during the previous fiscal year.

"(c) Regulations.-

"(1) In general.-The Secretary shall administer this section in accordance with regulations prescribed by the Secretary for purposes of this section.

"(2) Lower limit on appointments.-The regulations may establish a lower limit on the number of individuals appointable under subsection (a) during a fiscal year than is otherwise provided for under subsection (b), based on such factors as the Secretary considers appropriate.

"(3) Public notice and advertising.-To the extent practical, as determined by the Secretary, the Secretary shall publicly advertise positions available under this section. In carrying out the preceding sentence, the Secretary shall-

"(A) take into account merit system principles, mission requirements, costs, and organizational benefits of any advertising of positions; and

"(B) advertise such positions in the manner the Secretary determines is most likely to provide diverse and qualified candidates and ensure potential applicants have appropriate information relevant to the positions available.

"(d) Sunset.-The authority provided under this section shall terminate on September 30, 2021.

"(e) Definitions.-In this section:

"(1) The term 'current post-secondary student' means a person who-

"(A) is currently enrolled in, and in good academic standing at, a full-time program at an institution of higher education;

"(B) is making satisfactory progress toward receipt of a baccalaureate or graduate degree; and

"(C) has completed at least one year of the program.

"(2) The term 'institution of higher education' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

"(3) The term 'recent graduate', with respect to appointment of a person under this section, means a person who was awarded a degree by an institution of higher education not more than two years before the date of the appointment of such person, except that in the case of a person who has completed a period of obligated service in a uniformed service of more than four years, such term means a person who was awarded a degree by an institution of higher education not more than four years before the date of the appointment of such person."

Direct Hire Authority for Financial Management Experts in the Department of Defense Workforce

Pub. L. 114–328, div. A, title XI, §1110, Dec. 23, 2016, 130 Stat. 2450 , as amended by Pub. L. 115–91, div. A, title XI, §1106(a), Dec. 12, 2017, 131 Stat. 1629 , provided that:

"(a) Authority.-Each Secretary concerned may appoint qualified candidates possessing a finance, accounting, management, or actuarial science degree, or a related degree or equivalent experience, to positions specified in subsection (c) for a Department of Defense component without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code.

"(b) Secretary Concerned.-For purposes of this section, the Secretary concerned is as follows:

"(1) The Secretary of Defense with respect to each Department of Defense component listed in subsection (f) other than the Department of the Army, the Department of the Navy, and the Department of the Air Force.

"(2) The Secretary of a military department with respect to such military department.

"(c) Positions.-The positions specified in this subsection are the positions within the Department of Defense workforce as follows:

"(1) Financial management positions.

"(2) Accounting positions.

"(3) Auditing positions.

"(4) Actuarial positions.

"(5) Cost estimation positions.

"(6) Operational research positions.

"(7) Business and business administration positions.

"(d) Limitation.-Authority under this section may not, in any calendar year and with respect to any Department of Defense component, be exercised with respect to a number of candidates greater than the number equal to 10 percent of the total number of the financial management, accounting, auditing, and actuarial positions within the financial management workforce of such Department of Defense component that are filled as of the close of the fiscal year last ending before the start of such calendar year.

"(e) Nature of Appointment.-Any appointment under this section shall be treated as an appointment on a full-time equivalent basis, unless such appointment is made on a term or temporary basis.

"(f) Department of Defense Component Defined.-In this section, the term 'Department of Defense component' means the following:

"(1) A Defense Agency.

"(2) The Office of the Chairman of the Joint Chiefs of Staff.

"(3) The Joint Staff.

"(4) A combatant command.

"(5) The Office of the Inspector General of the Department of Defense.

"(6) A Field Activity of the Department of Defense.

"(7) The Department of the Army.

"(8) The Department of the Navy.

"(9) The Department of the Air Force.

"(g) Termination.-The authority to make appointments under this section shall not be available after December 31, 2022."

[ Pub. L. 115–91, div. A, title XI, §1106(a)(1), Dec. 12, 2017, 131 Stat. 1629 , which directed amendment of section 1110(a) of Pub. L. 114–328, set out above, by substituting "a Department of Defense component" for "the Defense Agencies or the applicable military Department", was executed by making the substitution for "the Defense Agencies or the applicable military department", to reflect the probable intent of Congress.]

Temporary Direct Hire Authority for Domestic Defense Industrial Base Facilities, the Major Range and Test Facilities Base, and the Office of the Director of Operational Test and Evaluation

Pub. L. 114–328, div. A, title XI, §1125, Dec. 23, 2016, 130 Stat. 2457 , as amended by Pub. L. 115–91, div. A, title XI, §1102(a), Dec. 12, 2017, 131 Stat. 1628 , provided that:

"(a) Defense Industrial Base Facility and MRTFB.-During each of fiscal years 2017 through 2021, the Secretary of Defense may appoint, 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, qualified candidates to positions in the competitive service at any defense industrial base facility or the Major Range and Test Facilities Base.

"(b) Office of the Director of Operational Test and Evaluation.-During fiscal years 2017 through 2021, the Secretary of Defense may, acting through the Director of Operational Test and Evaluation, appoint qualified candidates possessing an advanced degree to scientific and engineering positions within the Office of the Director of Operational Test and Evaluation 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.

"(c) Definition of Defense Industrial Base Facility.-In this section, the term 'defense industrial base facility' means any Department of Defense depot, arsenal, or shipyard located within the United States."

Temporary Personnel Flexibilities for Domestic Defense Industrial Base Facilities and Major Range and Test Facilities Base Civilian Personnel

Pub. L. 114–328, div. A, title XI, §1132, Dec. 23, 2016, 130 Stat. 2457 , as amended by Pub. L. 115–91, div. A, title XI, §1107(a), Dec. 12, 2017, 131 Stat. 1630 , provided that:

"(a) In General.-Notwithstanding chapter 33 of title 5, United States Code, or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, during fiscal years 2017 through 2021, an employee of a defense industrial base facility or the Major Range and Test Facilities Base serving under a time-limited appointment in the competitive service is eligible to compete for a permanent appointment in the competitive service at (A) any such facility, Base, or any other component of the Department of Defense when such facility, Base, or component (as the case may be) is accepting applications from individuals within the facility, Base, or component's workforce under merit promotion procedures, or (B) any agency when the agency is accepting applications from individuals outside its own workforce under merit promotion procedures of the applicable agency, if-

"(1) the employee was appointed initially under open, competitive examination under subchapter I of chapter 33 of such title to the time-limited appointment;

"(2) the employee has served under 1 or more time-limited appointments by a defense industrial base facility or the Major Range and Test Facilities Base for a period or periods totaling more than 24 months without a break of 2 or more years; and

"(3) the employee's performance has been at an acceptable level of performance throughout the period or periods (as the case may be) referred to in paragraph (2).

"(b) Waiver of Age Requirement.-In determining the eligibility of a time-limited employee under this section to be examined for or appointed in the competitive service, the Office of Personnel Management or other examining agency shall waive requirements as to age, unless the requirement is essential to the performance of the duties of the position.

"(c) Status.-An individual appointed under this section-

"(1) becomes a career-conditional employee, unless the employee has otherwise completed the service requirements for career tenure; and

"(2) acquires competitive status upon appointment.

"(d) Former Employees.-A former employee of a defense industrial base facility or the Major Range and Test Facilities Base who served under a time-limited appointment and who otherwise meets the requirements of this section shall be deemed a time-limited employee for purposes of this section if-

"(1) such employee applies for a position covered by this section within the period of 2 years after the most recent date of separation; and

"(2) such employee's most recent separation was for reasons other than misconduct or performance.

"(e) Benefits.-Any employee of a defense industrial base facility or the Major Range and Test Facilities Base serving under a time-limited appointment in the competitive service shall be provided with benefits that are comparable to the benefits provided to similar employees not serving under time-limited appointments at the defense industrial base facility or the Major Range and Test Facilities Base concerned, including professional development opportunities, eligibility for awards programs, and designation as status applicants for purposes of eligibility for positions in the civil service.

"(f) Definition of Defense Industrial Base Facility.-In this section, the term 'defense industrial base facility' means any Department of Defense depot, arsenal, or shipyard located within the United States."

Compliance With Law Regarding Availability of Funding for Civilian Personnel

Pub. L. 113–66, div. A, title XI, §1108, Dec. 26, 2013, 127 Stat. 889 , provided that:

"(a) Regulations.-No later than 90 days after the date of the enactment of this Act [Dec. 26, 2013], the Secretary of Defense shall prescribe regulations implementing the authority in subsection (a) of section 1111 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 1580 note prec.).

"(b) Coordination.-The Under Secretary of Defense (Comptroller), in consultation with the Under Secretary of Defense for Personnel and Readiness, shall be responsible for coordinating the preparation of the regulations required under subsection (a).

"(c) Limitations.-The regulations required under subsection (a) shall not be restricted by any civilian full-time equivalent or end-strength limitation, nor shall such regulations require offsetting civilian pay funding, civilian full-time equivalents, or civilian end-strengths."

Availability of Funds for Compensation of Certain Civilian Employees of the Department of Defense

Pub. L. 111–84, div. A, title XI, §1111, Oct. 28, 2009, 123 Stat. 2495 , as amended by Pub. L. 111–383, div. A, title X, §1075(d)(16), Jan. 7, 2011, 124 Stat. 4373 , provided that:

"(a) Availability of Funds.-Funds authorized to be appropriated for the Department of Defense that are available for the purchase of contract services to meet a requirement that is anticipated to continue for five years or more shall be available to provide compensation for civilian employees of the Department to meet the same requirement.

"(b) Regulations.-Not later than 120 days after the date of the enactment of this Act [Oct. 28, 2009], the Secretary of Defense shall prescribe regulations implementing the authority in subsection (a). Such regulations-

"(1) shall ensure that the authority in subsection (a) is utilized to build government capabilities that are needed to perform inherently governmental functions, functions closely associated with inherently governmental functions, and other critical functions;

"(2) shall include a mechanism to ensure that follow-on funding to provide compensation for civilian employees of the Department to perform functions described in paragraph (1) is provided from appropriate accounts; and

"(3) may establish additional criteria and levels of approval within the Department for the utilization of funds to provide compensation for civilian employees of the Department pursuant to subsection (a).

"(c) Annual Report.-Not later than 60 days after the end of each fiscal year for which the authority in subsection (a) is in effect, the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the use of such authority. Each report shall cover the preceding fiscal year and shall identify, at a minimum, the following:

"(1) The amount of funds used under the authority in subsection (a) to provide compensation for civilian employees.

"(2) The source or sources of the funds so used.

"(3) The number of civilian employees employed through the use of such funds.

"(4) The actions taken by the Secretary to ensure that follow-on funding for such civilian employees is provided through appropriate accounts.

"(d) Temporary Authority.-The authority in subsection (a) shall apply to funds authorized to be appropriated for the Department of Defense for fiscal years 2010 through 2019."

Department of Defense Civilian Leadership Program

Pub. L. 111–84, div. A, title XI, §1112, Oct. 28, 2009, 123 Stat. 2496 , provided that:

"(a) Leadership Program Required.-

"(1) In general.-Not later than 180 days after the date of the enactment of this Act [Oct. 28, 2009], the Secretary of Defense shall establish a program of leadership recruitment and development for civilian employees of the Department of Defense, to be known as the 'Department of Defense Civilian Leadership Program' (in this section referred to as the 'program').

"(2) Objectives.-The objectives of the program shall be as follows:

"(A) To develop a new generation of civilian leaders for the Department of Defense.

"(B) To recruit individuals with the academic merit, work experience, and demonstrated leadership skills to meet the future needs of the Department.

"(C) To offer rapid advancement, competitive compensation, and leadership opportunities to highly qualified civilian employees of the Department.

"(3) Available authorities.-In carrying out the program, the Secretary may exercise any authority available to the Office of Personnel Management under section 4703 of title 5, United States Code, except that the Secretary shall not be bound by the limitations in subsection (d) of such section. Nothing in this section shall be construed to authorize the waiver of any part of chapter 71 of title 5, United States Code, or any regulation implementing such chapter, in the carrying out of the program.

"(b) Eligible Individuals.-

"(1) In general.-The following individuals shall be eligible to participate in the program:

"(A) Current employees of the Department of Defense.

"(B) Appropriate individuals in the private sector.

"(2) Limitation on number of participants in program.-The total number of individuals who may participate in the program in any fiscal year may not exceed 5,000.

"(3) Limitation on period of participation in program.-The maximum period of time that an individual may participate in the program is three years.

"(c) Elements of Program.-

"(1) Competitive entry.-The selection of individuals for entry into the program shall be made on the basis of a competition conducted at least twice each year. In each competition, participants in the program shall be selected from among applicants determined by the Secretary to be the most highly qualified in terms of academic merit, work experience, and demonstrated leadership skills. Each competition shall provide for entry-level participants and midcareer participants in the program.

"(2) Allocation of positions.-The Secretary shall allocate positions in the program among the components of the Department of Defense that-

"(A) offer the most challenging assignments;

"(B) provide the greatest level of responsibility; and

"(C) demonstrate the greatest need for participants in the program.

"(3) Assignments to positions.-Participants in the program shall be assigned to components of the Department that best match their skills and qualifications. Participants in the program may be rotated among components of the Department of Defense at the discretion of the Secretary.

"(4) Initial compensation.-The initial compensation of participants in the program shall be determined by the Secretary based on the qualifications of such participants and applicable market conditions.

"(5) Education and training.-The Secretary shall provide participants in the program with training, mentoring, and educational opportunities that are appropriate to facilitate the development of such participants into effective civilian leaders for the Department of Defense.

"(6) Objective, merit-based principles for personnel decisions.-The Secretary shall make personnel decisions under the program in accordance with such objective, merit-based criteria as the Secretary shall prescribe in regulations for purposes of the program. Such criteria shall include, but not be limited to, criteria applicable to the following:

"(A) The selection of individuals for entry into the program.

"(B) The assignment of participants in the program to positions in the Department of Defense.

"(C) The initial compensation of participants in the program.

"(D) The access of participants in the program to training, mentoring, and educational opportunities under the program.

"(E) The consideration of participants in the program for selection into the senior management, functional, and technical workforce of the Department.

"(7) Consideration for senior management, functional, and technical workforce.-Any participant in the program who, as determined by the Secretary, demonstrates outstanding performance shall be afforded priority in consideration for selection into the appropriate element of the senior management, functional, and technical workforce of the Department of Defense (as defined in [former] section 115b(f) of title 10, United States Code)."

Direct Hire Authority at Personnel Demonstration Laboratories for Certain Candidates

Pub. L. 110–417, [div. A], title XI, §1108, Oct. 14, 2008, 122 Stat. 4618 , as amended by Pub. L. 111–383, div. A, title XI, §1101(a), Jan. 7, 2011, 124 Stat. 4381 ; Pub. L. 112–81, div. A, title XI, §1103, Dec. 31, 2011, 125 Stat. 1612 , provided that:

"(a) Authority.-The Secretary of Defense may appoint qualified candidates possessing an advanced degree to positions described in subsection (b) 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.

"(b) Applicability.-This section applies with respect to candidates for scientific and engineering positions within 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.

"(c) Limitation.-(1) Authority under this section may not, in any calendar year and with respect to any laboratory, be exercised with respect to a number of candidates greater than the number equal to 5 percent of the total number of scientific and engineering positions within such laboratory that are filled as of the close of the fiscal year last ending before the start of such calendar year.

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

"(d) Employee Defined.-As used in this section, the term 'employee' has the meaning given such term by section 2105 of title 5, United States Code.

[Amendment by section 1101(a)(1) of Pub. L. 111–383 to section 1108(b) of Pub. L. 110–417, set out above, effective Oct. 28, 2009, and amendment by section 1101(a)(2) of Pub. L. 111–383 to section 1108(c) of Pub. L. 110–417, set out above, effective Jan. 7, 2011, see section 1101(d) of Pub. L. 111–383, set out as an Effective Date of 2011 Amendment note under section 9902 of Title 5, Government Organization and Employees.]

Employment for Resettled Iraqis

Pub. L. 110–417, [div. A], title XII, §1235, Oct. 14, 2008, 122 Stat. 4641 , provided that:

"(a) In General.-The Secretary of Defense and the Secretary of State are authorized to jointly establish and operate a temporary program to offer employment as translators, interpreters, or cultural awareness instructors to individuals described in subsection (b). Individuals described in such subsection may be appointed to temporary positions of one year or less outside Iraq with either the Department of Defense or the Department of State, without competition and without regard for the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code. Such individuals may also be hired as personal services contractors by either of such Departments to provide translation, interpreting, or cultural awareness instruction, except that such individuals so hired shall not by virtue of such employment be considered employees of the United States Government, except for purposes of chapter 81 of title 5, United States Code, and chapter 171 of title 28, United States Code.

"(b) Eligibility.-Individuals referred to in subsection (a) are Iraqi nationals who-

"(1) have received a special immigrant visa issued pursuant to section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163) [8 U.S.C. 1101 note] or section 1244 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) [8 U.S.C. 1157 note]; and

"(2) are lawfully present in the United States.

"(c) Funding.-

"(1) In general.-Except as provided in paragraph (2), the program established under subsection (a) shall be funded from the annual general operating budget of the Department of Defense.

"(2) Exception.-The Secretary of State shall reimburse the Department of Defense for any costs associated with individuals described in subsection (b) whose work is for or on behalf of the Department of State.

"(d) Rule of Construction Regarding Access to Classified Information.-Nothing in this section may be construed as affecting in any manner practices and procedures regarding the handling of or access to classified information.

"(e) Information Sharing.-The Secretary of Defense and the Secretary of State shall work with the Secretary of Homeland Security and the Office of Refugee Resettlement of the Department of Health and Human Services to ensure that individuals described in subsection (b) are informed of the program established under subsection (a).

"(f) Regulation.-The Secretary of Defense, jointly with the Secretary of State and with the concurrence of the Director of the Office of Personnel Management, shall prescribe such regulations as are necessary to carry out the program established under subsection (a), including ensuring the suitability for employment described in subsection (a) of individuals described in subsection (b), determining the number of positions, and establishing pay scales and hiring procedures.

"(g) Termination.-

"(1) In general.-Except as provided in paragraph (2), the program established under subsection (a) shall terminate on December 31, 2014.

"(2) Earlier termination.-If the Secretary of Defense, jointly with the Secretary of State, determines that the program established under subsection (a) should terminate before the date specified in paragraph (1), the Secretaries may terminate the program if the Secretaries notify Congress in writing of such termination at least 180 days before such termination."

Strategic Human Capital Plan for Civilian Employees of the Department of Defense

Pub. L. 110–181, div. A, title VIII, §851, Jan. 28, 2008, 122 Stat. 247 , which required that, in updates of the strategic human capital plan, the Secretary of Defense was to include a separate section focused on the defense acquisition workforce, was repealed by Pub. L. 111–84, div. A, title XI, §1108(c)(3), Oct. 28, 2009, 123 Stat. 2492 .

Pub. L. 109–163, div. A, title XI, §1122, Jan. 6, 2006, 119 Stat. 3452 , which required the Secretary of Defense to develop and submit to the Committees on Armed Services of the Senate and House of Representatives a strategic human capital plan to shape and improve the civilian employee workforce of the Department of Defense, along with updates and the assessment of the Secretary of the progress of the Department in implementing the plan, and required the Comptroller General to submit to the Committees on Armed Services a report on the plan, was repealed by Pub. L. 111–84, div. A, title XI, §1108(c)(1), Oct. 28, 2009, 123 Stat. 2491 .