Sec. 948. Pilot programs on waiver of applicability of rules and regulations to Department of Defense science and technology reinvention laboratories and DARPA to improve operations and personnel management
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The director of a Department of Defense science and technology reinvention laboratory and the Director of the Defense Advanced Research Projects Agency may carry out a pilot program to assess the feasability and advisability of enhancing operations and personnel management of such laboratory or Agency through the waiver of one or more regulations, instructions, publications, policies, or procedures of the Department of Defense or a military department otherwise applicable to such laboratory or the Defense Advanced Research Projects Agency.
A provision of statutory law may not be waived under such a pilot program. In carrying out a pilot program under subsection (a), the director of a Department of Defense science and technology reinvention laboratory or the Director of the Defense Advanced Research Projects Agency shall place priority on the waiver of regulations, instructions, publications, policies, or procedures relating to the operations and personnel management of the laboratory concerned or the Defense Advanced Research Projects Agency, as applicable, including regulations, instructions, publications, policies, or procedures relating to the following:
Facilities management, construction, and repair. Business operations. Human resources. Public outreach. The director of a Department of Defense science and technology laboratory proposing to grant a waiver under a pilot program under subsection
(a)shall submit to the Secretary of the military department concerned and the General Counsel of that military department a justification for the waiver, including the matters specified in paragraph (3). The Director of the Defense Advanced Research Projects Agency shall submit to the Chief Management Officer of the Department of Defense and the General Counsel of the Department of Defense a justification for each waiver proposed to be issued by the Director under a pilot program under subsection (a), including the matters specified in paragraph (3). The matters to be included in the justification for a waiver under this subsection are the following: The regulation, instruction, publication, policy, or procedure to be waived. The unit or activity to be affected by the waiver. The anticipated duration of the waiver. An assessment of the anticipated monetary or operational benefits of the waiver. A legal review of the waiver by— in the case of a waiver covered by paragraph (1), a senior legal officer of the laboratory concerned; or in the case of a waiver covered by paragraph (2), a senior legal officer of the Defense Advanced Research Projects Agency. A waiver proposed for a Department of Defense science and technology laboratory under a pilot program under subsection
(a)shall go into effect at the end of the 30-day period beginning on the date of the receipt by the Secretary of the military department concerned of the justification for the waiver under subsection (c)(1), unless the Secretary disapproves the waiver during that period. The Secretaries of the military departments shall have sole discretion to disapprove waivers for purposes of pilot programs under subsection (a), subject to the direction of the Secretary of Defense. A waiver proposed for the Defense Advanced Research Projects Agency under a pilot program under subsection
(a)shall go into effect at the end of the 30-day period beginning on the date of the receipt by the Chief Management Officer of the Department of Defense of the justification for the waiver under subsection (c)(2), unless the Chief Management Officer, in the Chief Management Officer's sole discretion, disapproves the waiver during that period. In considering whether or not to disapprove a waiver pursuant to this subsection, the Secretaries of the military departments and the Chief Management Officer shall take into account whether the waiver will enhance the operations or personnel management of the laboratory concerned or the Defense Advanced Research Projects Agency, as applicable. In this section, the term Department of Defense science and technology reinvention laboratory means a laboratory specified in section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( 10 U.S.C. 2358 note). The authority to grant waivers under subsection
(a)shall expire on December 31, 2023. Nothing in paragraph
(1)shall act to terminate a waiver granted under subsection
(a)before the date specified in paragraph (1). Any such waiver may continue according to its terms unless otherwise terminated by the Secretary of the military department concerned or the Chief Management Officer of the Department of Defense, as applicable.
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Sec. 948
Pilot programs on waiver of applicability of rules and regulations to Department of Defense science and technology reinvention laboratories and DARPA to improve operations and personnel management
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