Sec. 102. Attracting highly qualified experts in artificial intelligence and other fields
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The purpose of this section is to enable the Department of Labor to rapidly recruit highly qualified experts in artificial intelligence, machine learning, advanced data science, or another area of expertise related to supporting the accomplishment of the purposes of this Act. In this section: The term competitive service has the meaning given the term in section 2102 of title 5, United States Code. The term covered individual means an individual with the expertise described in subsection (a).
The term excepted service has the meaning given the term in section 2103 of title 5, United States Code. The Secretary may, in accordance with the requirements of this section, appoint a covered individual (without regard to whether the covered individual occupies a position in the competitive service on the day before that appointment) to a position as an employee in the excepted service in the Department of Labor. The Secretary may, without regard to any provision of title 5, United States Code, set the rate of basic pay for a covered individual appointed under subsection
(b)at any rate that is not greater than the rate of basic pay for step 10 of grade 15 of the General Schedule. In addition to the authority of the Secretary under paragraph (1), the Secretary may, without regard to any provision of title 5, United States Code, provide recruitment, relocation, and retention incentives and performance awards in such amounts, at such times, in such manner (including in lump-sum or installment payments), and subject to such conditions as the Secretary considers appropriate to recruit covered individual to positions described in subsection
(b)and retain and reward covered individuals who are appointed under that subsection. Notwithstanding section 5307 of title 5, United States Code, the aggregate amount paid to an employee appointed under subsection
(b)in any calendar year for basic pay, locality-based comparability payments under section 5304 or 5304a of that title, and incentives and awards under paragraph
(2)of this subsection may not exceed the total annual compensation payable to the Vice President under section 104 of title 3, United States Code, as of the end of that calendar year. A covered individual appointed under subsection
(b)may, in the discretion of the Secretary, be deemed an employee for purposes of subchapters I, IV, and V of chapter 55 and chapters 73, 81, 83, 84, 87, 89, and 90 of title 5, United States Code. Chapter 33, chapter 51, and subchapter III of chapter 53 of title 5, United States Code, shall not apply with respect to an appointment made under this section or to a position to which a covered individual is appointed under this section. Each appointment shall be for a period of not more than 24 months, except that the Secretary may extend the appointment of an individual under this section for a period not more than 24 additional months if the Secretary submits to Congress and the President a certification that the individual continues to be highly valuable for providing the expertise described in subsection (a). An employee appointed under this section shall primarily carry out duties related to improving— measurement and forecasting related to the potential impact of artificial intelligence on labor markets and workforce training needs; and policymaking regarding the preparation for or adjustment to the potential impact of artificial intelligence on labor markets. The total number of employees simultaneously serving under this section shall not exceed 20. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Workforce of the House of Representatives a brief report stating, for the year involved— the number of employees employed under this section; the primary qualifications and duties of the employees; and an assessment of their impact on making improvements described in subsection (g). Nothing in this section may be construed to waive any requirement with respect to determining the suitability of an individual for Federal employment, including any requirement with respect to a security clearance. The authority to make or extend appointments under subsections
(b)and
(f)shall terminate effective 4 years after the date of enactment of this Act, unless extended by Federal statutory law. Nothing in this subsection shall be construed to affect the continued service of an individual who was appointed or whose appointment was extended, under subsection
(b)or (f), before the termination date described in paragraph (1). There is authorized to be appropriated to the Secretary to carry out this section $6,000,000 for the period of fiscal years 2026 through 2030.