Sec. 212. CODIFICATION OF DIRECT HIRE AUTHORITY AT PERSONNEL DEMONSTRATION LABORATORIES FOR ADVANCED DEGREE HOLDERS

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## SEC. 212 CODIFICATION OF DIRECT HIRE AUTHORITY AT PERSONNEL DEMONSTRATION LABORATORIES FOR ADVANCED DEGREE HOLDERS ###

(a)In General Section 2358a of title 10, United States Code, is amended— ####

(1)by redesignating subsection

(f)as subsection (g); and ####

(2)by inserting after subsection

(e)the following new subsection (f): > > ### “(f) Direct Hire Authority at Personnel Demonstration Laboratories for Advanced Degree Holders > > > #### “(1) Authority > > The Secretary of Defense may appoint qualified candidates possessing an advanced degree to positions described in paragraph

(2)without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of such title. > > > #### “(2) Applicability > > This subsection applies with respect to candidates for scientific and engineering positions within any laboratory designated by section 4121(b) of this title as a Department of Defense science and technology reinvention laboratory. > > > #### “(3) Limitation > > > #####

(A)> > Authority under this subsection 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. > > > ##### “(B) > > For purposes of this paragraph, positions and candidates shall be counted on a full-time equivalent basis.” > . ###

(b)Repeal **[**[10 U.S.C. 1580 note](/us/usc/t10/s1580)**]** Section 1108 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4618 ) is hereby repealed. ###

(c)Conforming Amendments ####

(1)Section 255(b)(5)(B) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2223a note) is amended by striking “in section 2358a(f)(3) of” and inserting “in section 2358a(g) of”. ####

(2)Section 223(d)(3)(C) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2358 note) is amended by striking “in section 2358a(f) of” and inserting “in section 2358a(g) of”. ####

(3)**[**[10 U.S.C. 4001 note](/us/usc/t10/s4001)**]** Section 249(g)(1)(C) of the William M.

(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) is amended by striking “in section 2358a(f)(3) of” and inserting “in section 2358a(g) of”.

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