Sec. 215. CODIFICATION OF AUTHORITIES RELATING TO DEPARTMENT OF DEFENSE SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES

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## SEC. 215 CODIFICATION OF AUTHORITIES RELATING TO DEPARTMENT OF DEFENSE SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES ###

(a)In General Subchapter III of chapter 303 of title 10, United States Code, as added by section 1842 of the William M.

(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283), is amended by inserting after the heading for subchapter III the following new section: > > ## “SEC. 4121 Science and technology reinvention laboratories: authority and designation > > **[**[10 U.S.C. 4121](/us/usc/t10/s4121)**]** > > > ### “(a) In General > > > ####

(1)> > The Secretary of Defense may carry out personnel demonstration projects at Department of Defense laboratories designated by the Secretary as Department of Defense science and technology reinvention laboratories. > > > #### “(2) > > > #####

(A)> > Each personnel demonstration project carried out under the authority of paragraph

(1)shall be generally similar in nature to the China Lake demonstration project. > > > ##### “(B) > > For purposes of subparagraph (A), the China Lake demonstration project is the demonstration project that is authorized by section 6 of the Civil Service Miscellaneous Amendments Act of 1983 (Public Law 98-224) to be continued at the Naval Weapons Center, China Lake, California, and at the Naval Ocean Systems Center, San Diego, California. > > > #### “(3) > > If the Secretary carries out a demonstration project at a laboratory pursuant to paragraph (1), section 4703 of title 5 shall apply to the demonstration project, except that— > > > ##### “(A) > > subsection

(d)of such section 4703 shall not apply to the demonstration project; > > > ##### “(B) > > the authority of the Secretary to carry out the demonstration project is that which is provided in paragraph

(1)rather than the authority which is provided in such section 4703; and > > > ##### “(C) > > the Secretary shall exercise the authorities granted to the Office of Personnel Management under such section 4703 through the Under Secretary of Defense for Research and Engineering (who shall place an emphasis in the exercise of such authorities on enhancing efficient operations of the laboratory and who may, in exercising such authorities, request administrative support from science and technology reinvention laboratories to review, research, and adjudicate personnel demonstration project proposals). > > > #### “(4) > > The employees of a laboratory covered by a personnel demonstration project carried out under this section shall be exempt from, and may not be counted for the purposes of, any constraint or limitation in a statute or regulation in terms of supervisory ratios or maximum number of employees in any specific category or categories of employment that may otherwise be applicable to the employees. The employees shall be managed by the director of the laboratory subject to the supervision of the Under Secretary of Defense for Research and Engineering. > > > #### “(5) > > The limitations in section 5373 of title 5 do not apply to the authority of the Secretary under this subsection to prescribe salary schedules and other related benefits. > > > ### “(b) Designation of Laboratories > > Each of the following is hereby designated as a Department of Defense science and technology reinvention laboratory as described in subsection (a): > > > #### “(1) > > The Air Force Research Laboratory. > > > #### “(2) > > The Joint Warfare Analysis Center. > > > #### “(3) > > The Army Research Institute for the Behavioral and Social Sciences. > > > #### “(4) > > The Combat Capabilities Development Command Armaments Center. > > > #### “(5) > > The Combat Capabilities Development Command Army Research Laboratory. > > > #### “(6) > > The Combat Capabilities Development Command Aviation and Missile Center. > > > #### “(7) > > The Combat Capabilities Development Command Chemical Biological Center. > > > #### “(8) > > The Combat Capabilities Development Command Command, Control, Communications, Computers, Cyber, Intelligence, Surveillance, and Reconnaissance Center. > > > #### “(9) > > The Combat Capabilities Development Command Ground Vehicle Systems Center. > > > #### “(10) > > The Combat Capabilities Development Command Soldier Center. > > > #### “(11) > > The Engineer Research and Development Center. > > > #### “(12) > > The Medical Research and Development Command. > > > #### “(13) > > The Technical Center, US Army Space and Missile Defense Command. > > > #### “(14) > > The Naval Air Systems Command Warfare Centers. > > > #### “(15) > > The Naval Facilities Engineering Command Engineering and Expeditionary Warfare Center. > > > #### “(16) > > The Naval Information Warfare Centers, Atlantic and Pacific. > > > #### “(17) > > The Naval Medical Research Center. > > > #### “(18) > > The Naval Research Laboratory. > > > #### “(19) > > The Naval Sea Systems Command Warfare Centers. > > > #### “(20) > > The Office of Naval Research. > > > ### “(c) Conversion Procedures > > The Secretary of Defense shall implement procedures to convert the civilian personnel of each Department of Defense science and technology reinvention laboratory, as so designated by subsection (b), to the personnel system under an appropriate demonstration project (as referred to in subsection (a)). Any conversion under this subsection— > > > #### “(1) > > shall not adversely affect any employee with respect to pay or any other term or condition of employment; > > > #### “(2) > > shall be consistent with section 4703(f) of title 5; > > > #### “(3) > > shall be completed within 18 months after designation; and > > > #### “(4) > > shall not apply to prevailing rate employees (as defined by section 5342(a)(2) of title 5) or senior executives (as defined by section 3132(a)(3) of such title). > > > ### “(d) Limitation > > The science and technology reinvention laboratories, as so designated by subsection (a), may not implement any personnel system, other than a personnel system under an appropriate demonstration project (as referred to subsection (a)), without prior congressional authorization.” > . ###

(b)Clerical Amendment **[**[10 U.S.C. 4061](/us/usc/t10/s4061)**]** The table of sections at the beginning of chapter 303 of such title, as added by section 1842 of the William M.

(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283), is amended by striking the item relating to section 4121 and inserting the following:" “4121. Science and technology reinvention laboratories: authority and designation.” ". ###

(c)Conforming Repeals ####

(1)Section 1105 of the National Defense Authorization Act For Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2358 note) is hereby repealed. ####

(2)Subsection

(b)of section 342 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 2358 note) is hereby repealed. ###

(d)Conforming Amendments ####

(1)Section 1601(f) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 2358 note) is amended by striking “section 342 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2721)” and inserting “section 4121(a) of title 10, United States Code”. ####

(2)**[**[10 U.S.C. 4121 note](/us/usc/t10/s4121)**]** Section 1107 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2358 note) is amended— #####

(A)by amending subsection

(a)to read as follows: > > ### “(e) Requirement > > The Secretary of Defense shall take all necessary actions to fully implement and use the authorities provided to the Secretary under subsection

(a)of section 4121 of title 10, United States Code, to carry out personnel management demonstration projects at Department of Defense laboratories designated by subsection

(b)of such section as Department of Defense science and technology reinvention laboratories.” > ; #####

(B)in subsection (c), by striking “designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2486)” and inserting “designated by section 4121(b) of title 10, United States Code”; and #####

(C)in subsection (e)(3), by striking “section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 (as cited in subsection (a))” and inserting “section 4121(a) of title 10, United States Code”. ####

(3)Section 1109(c) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2358 note) is amended by striking “specified in section 1105(a) of the National 135 STAT. 1594 Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2486; 10 U.S.C. 2358 note)” and inserting “designated under section 4121(b) of title 10, United States Code”. ####

(4)Section 2803(a)(1) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2358 note) is amended by striking “(as designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2358 note)” and inserting “(as designated under section 4121(b) of title 10, United States Code)”. ####

(5)Section 1108(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10 U.S.C. 1580 note prec.) is amended by striking “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)” and inserting “section 4121(b) of title 10, United States Code”. ####

(6)Section 211(g) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2358 note) is amended by striking “under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2358 note), as amended” and inserting “under section 4121(b)of title 10, United States Code”. ####

(7)Section 233(a)(2)(A) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2358 note) is amended by striking “as specified in section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 2358 note)” and inserting “as designated under section 4121(b) of title 10, United States Code”. ####

(8)Section 223(d)(3)(B) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2358 note) is amended by striking “under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2358 note)” and inserting “under section 4121(b) of title 10, United States Code”. ####

(9)Section 252(e)(1) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2358 note) is amended by striking “under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2358 note)” and inserting “under section 4121(b) of title 10, United States Code”. ####

(10)Section 255(b)(5)(A) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 223a note) is amended by striking “(as designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2358 note))” and inserting “(as designated under section 4121(b) of title 10, United States Code)”. ####

(11)**[**[10 U.S.C. 4001 note](/us/usc/t10/s4001)**]** Section 249 of the William M.

(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) is amended— #####

(A)in subsection (e)(1)(A), by striking “under section 2358a of title 10, United States Code” and inserting “under section 4121(b) of title 10, United States Code”; and #####

(B)in subsection (g)(1)(B) by striking “under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2358 note)” and inserting “under section 4121(b) of title 10, United States Code”. ####

(12)**[**[10 U.S.C. 4124](/us/usc/t10/s4124)**]** Section 2124(h)(3) of title 10, United States Code, as redesignated by section 1843(b)(1) of the William M.

(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283), is amended by striking “designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2358 note)” and inserting “designated under section 4121(b) of this title”. ####

(13)Section 4091 of title 10, United States Code, as redesignated by section 1843(b)(1) of the William M.

(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283), is amended— #####

(A)in subsection (b), by striking “designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 2358 note)” both places it appears and inserting “designated by section 4121(b) of this title”; and #####

(B)in subsection (d)(2), by striking “pursuant to section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 2358 note)” both places it appears and inserting “pursuant to section 4121(a) of this title”. ####

(14)Section 4094(f) of title 10, United States Code, as transferred and redesignated by this Act, is amended by striking “by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 2358 note)” and inserting “by section 4121(b) of this title”. ###

(e)Effective Date **[**[10 U.S.C. 4091 note](/us/usc/t10/s4091)**]** This section and the amendments and repeals made by this section shall take effect immediately after the effective date of the amendments made by title XVIII of the William M.

(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283).

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