Subpart I—Miscellaneous
CHAPTER 95 —PERSONNEL FLEXIBILITIES RELATING TO THE INTERNAL REVENUE SERVICE
§9501. Internal Revenue Service personnel flexibilities
(a) Any flexibilities provided by
(1)
(2) provisions relating to preference eligibles;
(3) except as otherwise specifically provided, section 5307 (relating to the aggregate limitation on pay);
(4) except as otherwise specifically provided,
(5) subject to subsections (b) and (c) of section 1104, as though such authorities were delegated to the Secretary of the Treasury under section 1104(a)(2).
(b) The Secretary of the Treasury shall provide the Office of Personnel Management with any information that Office requires in carrying out its responsibilities under this section.
(c) Employees within a unit to which a labor organization is accorded exclusive recognition under
(Added
§9502. Pay authority for critical positions
(a) When the Secretary of the Treasury seeks a grant of authority under section 5377 for critical pay for 1 or more positions at the Internal Revenue Service, the Office of Personnel Management may fix the rate of basic pay, notwithstanding sections 5377(d)(2) and 5307, at any rate up to the salary set in accordance with
(b) Notwithstanding section 5307, no allowance, differential, bonus, award, or similar cash payment may be paid to any employee receiving critical pay at a rate fixed under subsection (a), in any calendar year if, or to the extent that, the employee's total annual compensation will exceed the maximum amount of total annual compensation payable at the salary set in accordance with
(Added
Editorial Notes
Amendments
2007—Subsec. (a).
§9503. Streamlined critical pay authority
(a) Notwithstanding section 9502, and without regard to the provisions of this title governing appointments in the competitive service or the Senior Executive Service and chapters 51 and 53 (relating to classification and pay rates), the Secretary of the Treasury may, Before 1 September 30, 2013, establish, fix the compensation of, and appoint individuals to, designated critical administrative, technical, and professional positions needed to carry out the functions of the Internal Revenue Service, if—
(1) the positions—
(A) require expertise of an extremely high level in an administrative, technical, or professional field; and
(B) are critical to the Internal Revenue Service's successful accomplishment of an important mission;
(2) exercise of the authority is necessary to recruit or retain an individual exceptionally well qualified for the position;
(3) the number of such positions does not exceed 40 at any one time;
(4) designation of such positions are approved by the Secretary of the Treasury;
(5) the terms of such appointments are limited to no more than 4 years;
(6) appointees to such positions were not Internal Revenue Service employees prior to June 1, 1998;
(7) total annual compensation for any appointee to such positions does not exceed the highest total annual compensation payable at the rate determined under
(8) all such positions are excluded from the collective bargaining unit.
(b) Individuals appointed under this section shall not be considered to be employees for purposes of subchapter II of
(Added
Editorial Notes
References in Text
The provisions of this title governing appointments in the competitive service, referred to in subsec. (a), are classified generally to
Amendments
2013—Subsec. (a).
2007—Subsec. (a).
1 So in original. Probably should not be capitalized.
§9504. Recruitment, retention, relocation incentives, and relocation expenses
(a) Before September 30, 2013 and subject to approval by the Office of Personnel Management, the Secretary of the Treasury may provide for variations from sections 5753 and 5754 governing payment of recruitment, relocation, and retention incentives.
(b) Before September 30, 2013, the Secretary of the Treasury may pay from appropriations made to the Internal Revenue Service allowable relocation expenses under section 5724a for employees transferred or reemployed and allowable travel and transportation expenses under section 5723 for new appointees, for any new appointee appointed to a position for which pay is fixed under section 9502 or 9503 after June 1, 1998.
(Added
Editorial Notes
Amendments
2013—Subsecs. (a), (b).
2007—Subsecs. (a), (b).
§9505. Performance awards for senior executives
(a) Before September 30, 2013, Internal Revenue Service senior executives who have program management responsibility over significant functions of the Internal Revenue Service may be paid a performance bonus without regard to the limitation in section 5384(b)(2) if the Secretary of the Treasury finds such award warranted based on the executive's performance.
(b) In evaluating an executive's performance for purposes of an award under this section, the Secretary of the Treasury shall take into account the executive's contributions toward the successful accomplishment of goals and objectives established under the Government Performance and Results Act of 1993, subtitle III of title 40, Revenue Procedure 64–22 (as in effect on July 30, 1997), taxpayer service surveys, and other performance metrics or plans established in consultation with the Internal Revenue Service Oversight Board.
(c) Any award in excess of 20 percent of an executive's rate of basic pay shall be approved by the Secretary of the Treasury.
(d) Notwithstanding section 5384(b)(3), the Secretary of the Treasury shall determine the aggregate amount of performance awards available to be paid during any fiscal year under this section and section 5384 to career senior executives in the Internal Revenue Service. Such amount may not exceed the maximum amount which would be allowable under paragraph (3) of section 5384(b) if such paragraph were applied by substituting "the Internal Revenue Service" for "an agency". The Internal Revenue Service shall not be included in the determination under section 5384(b)(3) of the aggregate amount of performance awards payable to career senior executives in the Department of the Treasury other than the Internal Revenue Service.
(e) Notwithstanding section 5307, a performance bonus award may not be paid to an executive in a calendar year if, or to the extent that, the executive's total annual compensation will exceed the maximum amount of total annual compensation payable at the rate determined under
(Added
Editorial Notes
References in Text
The Government Performance and Results Act of 1993, referred to in subsec. (b), is
Amendments
2013—Subsec. (a).
2007—Subsec. (a).
2003—Subsec. (d).
2002—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
§9506. Limited appointments to career reserved Senior Executive Service positions
(a) In the application of section 3132, a "career reserved position" in the Internal Revenue Service means a position designated under section 3132(b) which may be filled only by—
(1) a career appointee; or
(2) a limited emergency appointee or a limited term appointee—
(A) who, immediately upon entering the career reserved position, was serving under a career or career-conditional appointment outside the Senior Executive Service; or
(B) whose limited emergency or limited term appointment is approved in advance by the Office of Personnel Management.
(b)(1) The number of positions described under subsection (a) which are filled by an appointee as described under paragraph (2) of such subsection may not exceed 10 percent of the total number of Senior Executive Service positions in the Internal Revenue Service.
(2) Notwithstanding section 3132—
(A) the term of an appointee described under subsection (a)(2) may be for any period not to exceed 3 years; and
(B) such an appointee may serve—
(i) two such terms; or
(ii) two such terms in addition to any unexpired term applicable at the time of appointment.
(Added
§9507. Streamlined demonstration project authority
(a) The exercise of any of the flexibilities under sections 9502 through 9510 shall not affect the authority of the Secretary of the Treasury to implement for the Internal Revenue Service a demonstration project subject to
(b) In applying section 4703 to a demonstration project described in section 4701(a)(4) which involves the Internal Revenue Service—
(1) section 4703(b)(1) shall be deemed to read as follows:
"(1) develop a plan for such project which describes its purpose, the employees to be covered, the project itself, its anticipated outcomes, and the method of evaluating the project;";
(2) section 4703(b)(3) shall not apply;
(3) the 180-day notification period in section 4703(b)(4) shall be deemed to be a notification period of 30 days;
(4) section 4703(b)(6) shall be deemed to read as follows:
"(6) provides each House of Congress with the final version of the plan.";
(5) section 4703(c)(1) shall be deemed to read as follows:
"(1) subchapter V of
(6) the requirements of paragraphs (1)(A) and (2) of section 4703(d) shall not apply; and
(7) notwithstanding section 4703(d)(1)(B), based on an evaluation as provided in section 4703(h), the Office of Personnel Management and the Secretary of the Treasury, except as otherwise provided by this subsection, may waive the termination date of a demonstration project under section 4703(d).
(c) At least 90 days before waiving the termination date under subsection (b)(7), the Office of Personnel Management shall publish in the Federal Register a notice of its intention to waive the termination date and shall inform in writing both Houses of Congress of its intention.
(Added
§9508. General workforce performance management system
(a) In lieu of a performance appraisal system established under section 4302, the Secretary of the Treasury shall, within 1 year after the date of enactment of this section, establish for the Internal Revenue Service a performance management system that—
(1) maintains individual accountability by—
(A) establishing one or more retention standards for each employee related to the work of the employee and expressed in terms of individual performance, and communicating such retention standards to employees;
(B) making periodic determinations of whether each employee meets or does not meet the employee's established retention standards; and
(C) taking actions, in accordance with applicable laws and regulations, with respect to any employee whose performance does not meet established retention standards, including denying any increases in basic pay, promotions, and credit for performance under section 3502, and taking one or more of the following actions:
(i) Reassignment.
(ii) An action under
(iii) Any other appropriate action to resolve the performance problem; and
(2) except as provided under section 1204 of the Internal Revenue Service Restructuring and Reform Act of 1998, strengthens the system's effectiveness by—
(A) establishing goals or objectives for individual, group, or organizational performance (or any combination thereof), consistent with the Internal Revenue Service's performance planning procedures, including those established under the Government Performance and Results Act of 1993, subtitle III of title 40, Revenue Procedure 64–22 (as in effect on July 30, 1997), and taxpayer service surveys, and communicating such goals or objectives to employees;
(B) using such goals and objectives to make performance distinctions among employees or groups of employees; and
(C) using performance assessments as a basis for granting employee awards, adjusting an employee's rate of basic pay, and other appropriate personnel actions, in accordance with applicable laws and regulations.
(b)(1) For purposes of subsection (a)(2), the term "performance assessment" means a determination of whether or not retention standards established under subsection (a)(1)(A) are met, and any additional performance determination made on the basis of performance goals and objectives established under subsection (a)(2)(A).
(2) For purposes of this title, the term "unacceptable performance" with respect to an employee of the Internal Revenue Service covered by a performance management system established under this section means performance of the employee which fails to meet a retention standard established under this section.
(c)(1) The Secretary of the Treasury may establish an awards program designed to provide incentives for and recognition of organizational, group, and individual achievements by providing for granting awards to employees who, as individuals or members of a group, contribute to meeting the performance goals and objectives established under this chapter by such means as a superior individual or group accomplishment, a documented productivity gain, or sustained superior performance.
(2) A cash award under subchapter I of
(d)(1) In applying sections 4303(b)(1)(A) and 7513(b)(1) to employees of the Internal Revenue Service, "30 days" may be deemed to be "15 days".
(2) Notwithstanding the second sentence of section 5335(c), an employee of the Internal Revenue Service shall not have a right to appeal the denial of a periodic step increase under section 5335 to the Merit Systems Protection Board.
(Added
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsec. (a), is the date of enactment of
Section 1204 of the Internal Revenue Service Restructuring and Reform Act of 1998, referred to in subsec. (a)(2), is section 1204 of
The Government Performance and Results Act of 1993, referred to in subsec. (a)(2)(A), is
Amendments
2002—Subsec. (a)(2)(A).
§9509. General workforce classification and pay
(a) For purposes of this section, the term "broad-banded system" means a system for grouping positions for pay, job evaluation, and other purposes that is different from the system established under
(b)(1)(A) The Secretary of the Treasury may, subject to criteria to be prescribed by the Office of Personnel Management, establish one or more broad-banded systems covering all or any portion of the Internal Revenue Service workforce.
(B) With the approval of the Office of Personnel Management, a broad-banded system established under this section may either include or consist of positions that otherwise would be subject to subchapter IV of
(2) The Office of Personnel Management may require the Secretary of the Treasury to submit information relating to broad-banded systems at the Internal Revenue Service.
(3) Except as otherwise provided under this section, employees under a broad-banded system shall continue to be subject to the laws and regulations covering employees under the pay system that otherwise would apply to such employees.
(4) The criteria to be prescribed by the Office of Personnel Management shall, at a minimum—
(A) ensure that the structure of any broad-banded system maintains the principle of equal pay for substantially equal work;
(B) establish the minimum and maximum number of grades that may be combined into pay bands;
(C) establish requirements for setting minimum and maximum rates of pay in a pay band;
(D) establish requirements for adjusting the pay of an employee within a pay band;
(E) establish requirements for setting the pay of a supervisory employee whose position is in a pay band or who supervises employees whose positions are in pay bands; and
(F) establish requirements and methodologies for setting the pay of an employee upon conversion to a broad-banded system, initial appointment, change of position or type of appointment (including promotion, demotion, transfer, reassignment, reinstatement, placement in another pay band, or movement to a different geographic location), and movement between a broad-banded system and another pay system.
(c) With the approval of the Office of Personnel Management and in accordance with a plan for implementation submitted by the Secretary of the Treasury, the Secretary may, with respect to Internal Revenue Service employees who are covered by a broad-banded system established under this section, provide for variations from the provisions of subchapter VI of
(Added
§9510. General workforce staffing
(a)(1) Except as otherwise provided by this section, an employee of the Internal Revenue Service may be selected for a permanent appointment in the competitive service in the Internal Revenue Service through internal competitive promotion procedures if—
(A) the employee has completed, in the competitive service, 2 years of current continuous service under a term appointment or any combination of term appointments;
(B) such term appointment or appointments were made under competitive procedures prescribed for permanent appointments;
(C) the employee's performance under such term appointment or appointments met established retention standards, or, if not covered by a performance management system established under section 9508, was rated at the fully successful level or higher (or equivalent thereof); and
(D) the vacancy announcement for the term appointment from which the conversion is made stated that there was a potential for subsequent conversion to a permanent appointment.
(2) An appointment under this section may be made only to a position in the same line of work as a position to which the employee received a term appointment under competitive procedures.
(b)(1) Notwithstanding subchapter I of
(2) Each applicant who meets the minimum qualification requirements for the position to be filled shall be assigned to an appropriate category based on an evaluation of the applicant's knowledge, skills, and abilities relative to those needed for successful performance in the position to be filled.
(3) Within each quality category established under paragraph (1), preference eligibles shall be listed ahead of individuals who are not preference eligibles. For other than scientific and professional positions at or higher than GS–9 (or equivalent), preference eligibles who have a compensable service-connected disability of 10 percent or more, and who meet the minimum qualification standards, shall be listed in the highest quality category.
(4) An appointing authority may select any applicant from the highest quality category or, if fewer than three candidates have been assigned to the highest quality category, from a merged category consisting of the highest and second highest quality categories.
(5) Notwithstanding paragraph (4), the appointing authority may not pass over a preference eligible in the same or higher category from which selection is made unless the requirements of section 3317(b) or 3318(c), as applicable, are satisfied.
(c) The Secretary of the Treasury may detail employees among the offices of the Internal Revenue Service without regard to the 120-day limitation in section 3341(b).
(d) Notwithstanding any other provision of law, the Secretary of the Treasury may establish a probationary period under section 3321 of up to 3 years for Internal Revenue Service positions if the Secretary of the Treasury determines that the nature of the work is such that a shorter period is insufficient to demonstrate complete proficiency in the position.
(e) Nothing in this section exempts the Secretary of the Treasury from—
(1) any employment priority established under direction of the President for the placement of surplus or displaced employees; or
(2) any obligation under a court order or decree relating to the employment practices of the Internal Revenue Service or the Department of the Treasury.
(Added
Editorial Notes
References in Text
GS–9, referred to in subsec. (b)(3), is contained in the General Schedule which is set out under
Amendments
2016—Subsec. (b)(5).
CHAPTER 96 —PERSONNEL FLEXIBILITIES RELATING TO LAND MANAGEMENT AGENCIES
§9601. Definitions
For purposes of this chapter—
(1) the term "land management agency" means—
(A) the Forest Service of the Department of Agriculture;
(B) the Bureau of Land Management of the Department of the Interior;
(C) the National Park Service of the Department of the Interior;
(D) the Fish and Wildlife Service of the Department of the Interior;
(E) the Bureau of Indian Affairs of the Department of the Interior; and
(F) the Bureau of Reclamation of the Department of the Interior; and
(2) the term "time-limited appointment" includes a temporary appointment and a term appointment, as defined by the Office of Personnel Management.
(Added
§9602. Competitive service; time-limited appointments
(a) Notwithstanding
(1) the employee was appointed initially under open, competitive examination under subchapter I of
(2) the employee has served under 1 or more time-limited appointments by a land management agency 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) 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) 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) A former employee of a land management agency who served under a time-limited appointment and who otherwise meets the requirements of this section shall be deemed a time-limited employee of the agency from which the former employee was most recently separated 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) The Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this section.
(Added
Editorial Notes
Amendments
2016—Subsec. (a).
Subsec. (d).
CHAPTER 97 —DEPARTMENT OF HOMELAND SECURITY
§9701. Establishment of human resources management system
(a)
(b)
(1) be flexible;
(2) be contemporary;
(3) not waive, modify, or otherwise affect—
(A) the public employment principles of merit and fitness set forth in section 2301, including the principles of hiring based on merit, fair treatment without regard to political affiliation or other nonmerit considerations, equal pay for equal work, and protection of employees against reprisal for whistleblowing;
(B) any provision of section 2302, relating to prohibited personnel practices;
(C)(i) any provision of law referred to in section 2302(b)(1), (8), and (9); or
(ii) any provision of law implementing any provision of law referred to in section 2302(b)(1), (8), and (9) by—
(I) providing for equal employment opportunity through affirmative action; or
(II) providing any right or remedy available to any employee or applicant for employment in the civil service;
(D) any other provision of this part (as described in subsection (c)); or
(E) any rule or regulation prescribed under any provision of law referred to in any of the preceding subparagraphs of this paragraph;
(4) ensure that employees may organize, bargain collectively, and participate through labor organizations of their own choosing in decisions which affect them, subject to any exclusion from coverage or limitation on negotiability established by law; and
(5) permit the use of a category rating system for evaluating applicants for positions in the competitive service.
(c)
(1) subparts A, B, E, G, and H of this part; and
(2) chapters 41, 45, 47, 55, 57, 59, 72, 73, and 79, and this chapter.
(d)
(1) to modify the pay of any employee who serves in—
(A) an Executive Schedule position under subchapter II of
(B) a position for which the rate of basic pay is fixed in statute by reference to a section or level under subchapter II of
(2) to fix pay for any employee or position at an annual rate greater than the maximum amount of cash compensation allowable under section 5307 of such title 5 in a year; or
(3) to exempt any employee from the application of such section 5307.
(e)
(1)
(A)
(i) provide to each employee representative representing any employees who might be affected, a written description of the proposed system or adjustment (including the reasons why it is considered necessary);
(ii) give each representative 30 calendar days (unless extraordinary circumstances require earlier action) to review and make recommendations with respect to the proposal; and
(iii) give any recommendations received from any such representatives under clause (ii) full and fair consideration in deciding whether or how to proceed with the proposal.
(B)
(i) notify Congress of those parts of the proposal, together with the recommendations of employee representatives;
(ii) meet and confer for not less than 30 calendar days with any representatives who have made recommendations, in order to attempt to reach agreement on whether or how to proceed with those parts of the proposal; and
(iii) at the Secretary's option, or if requested by a majority of the employee representatives who have made recommendations, use the services of the Federal Mediation and Conciliation Service during such meet and confer period to facilitate the process of attempting to reach agreement.
(C)
(i) Any part of the proposal as to which the representatives do not make a recommendation, or as to which their recommendations are accepted by the Secretary and the Director, may be implemented immediately.
(ii) With respect to any parts of the proposal as to which recommendations have been made but not accepted by the Secretary and the Director, at any time after 30 calendar days have elapsed since the initiation of the congressional notification, consultation, and mediation procedures set forth in subparagraph (B), if the Secretary determines, in the Secretary's sole and unreviewable discretion, that further consultation and mediation is unlikely to produce agreement, the Secretary may implement any or all of such parts, including any modifications made in response to the recommendations as the Secretary determines advisable.
(iii) The Secretary shall promptly notify Congress of the implementation of any part of the proposal and shall furnish with such notice an explanation of the proposal, any changes made to the proposal as a result of recommendations from employee representatives, and of the reasons why implementation is appropriate under this subparagraph.
(D)
(i) develop a method for each employee representative to participate in any further planning or development which might become necessary; and
(ii) give each employee representative adequate access to information to make that participation productive.
(2)
(A) in the case of employees within a unit with respect to which a labor organization is accorded exclusive recognition, representation by individuals designated or from among individuals nominated by such organization;
(B) in the case of any employees who are not within such a unit, representation by any appropriate organization which represents a substantial percentage of those employees or, if none, in such other manner as may be appropriate, consistent with the purposes of the subsection;
(C) the fair and expeditious handling of the consultation and mediation process described in subparagraph (B) of paragraph (1), including procedures by which, if the number of employee representatives providing recommendations exceeds 5, such representatives select a committee or other unified representative with which the Secretary and Director may meet and confer; and
(D) the selection of representatives in a manner consistent with the relative number of employees represented by the organizations or other representatives involved.
(f)
(1)
(A) employees of the Department are entitled to fair treatment in any appeals that they bring in decisions relating to their employment; and
(B) in prescribing regulations for any such appeals procedures, the Secretary and the Director of the Office of Personnel Management—
(i) should ensure that employees of the Department are afforded the protections of due process; and
(ii) toward that end, should be required to consult with the Merit Systems Protection Board before issuing any such regulations.
(2)
(A) shall be issued only after consultation with the Merit Systems Protection Board;
(B) shall ensure the availability of procedures which shall—
(i) be consistent with requirements of due process; and
(ii) provide, to the maximum extent practicable, for the expeditious handling of any matters involving the Department; and
(C) shall modify procedures under
(g)
(h)
(Added
Editorial Notes
References in Text
Section 842 of the Homeland Security Act of 2002, referred to in subsec. (g), is classified to
Section 1501 of the Homeland Security Act of 2002, referred to in subsec. (h), is classified to
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 60 days after Nov. 25, 2002, see section 4 of
Allowances and Benefits for Personnel Abroad
CHAPTER 98 —NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
§9801. Definitions
For purposes of this chapter—
(1) the term "Administration" means the National Aeronautics and Space Administration;
(2) the term "Administrator" means the Administrator of the National Aeronautics and Space Administration;
(3) the term "critical need" means a specific and important safety, management, engineering, science, research, or operations requirement of the Administration's mission that the Administration is unable to fulfill because the Administration lacks the appropriate employees because—
(A) of the inability to fill positions; or
(B) employees do not possess the requisite skills;
(4) the term "employee" means an individual employed in or under the Administration;
(5) the term "workforce plan" means the plan required under section 9802(a);
(6) the term "appropriate committees of Congress" means—
(A) the Committees on Government Reform, Science, and Appropriations of the House of Representatives; and
(B) the Committees on Governmental Affairs, Commerce, Science, and Transportation, and Appropriations of the Senate;
(7) the term "redesignation bonus" means a bonus under section 9804 paid to an individual described in subsection (a)(2) thereof;
(8) the term "supervisor" has the meaning given such term by section 7103(a)(10); and
(9) the term "management official" has the meaning given such term by section 7103(a)(11).
(Added
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
§9802. Planning, notification, and reporting requirements
(a) Not later than 90 days before exercising any of the workforce authorities made available under this chapter, the Administrator shall submit a written plan to the appropriate committees of Congress. Such plan shall be approved by the Office of Personnel Management.
(b) A workforce plan shall include a description of—
(1) each critical need of the Administration and the criteria used in the identification of that need;
(2)(A) the functions, approximate number, and classes or other categories of positions or employees that—
(i) address critical needs; and
(ii) would be eligible for each authority proposed to be exercised under this chapter; and
(B) how the exercise of those authorities with respect to the eligible positions or employees involved would address each critical need identified under paragraph (1);
(3)(A) any critical need identified under paragraph (1) which would not be addressed by the authorities made available under this chapter; and
(B) the reasons why those needs would not be so addressed;
(4) the specific criteria to be used in determining which individuals may receive the benefits described under sections 9804 and 9805 (including the criteria for granting bonuses in the absence of a critical need), and how the level of those benefits will be determined;
(5) the safeguards or other measures that will be applied to ensure that this chapter is carried out in a manner consistent with merit system principles;
(6) the means by which employees will be afforded the notification required under subsections (c) and (d)(1)(B);
(7) the methods that will be used to determine if the authorities exercised under this chapter have successfully addressed each critical need identified under paragraph (1);
(8)(A) the recruitment methods used by the Administration before the enactment of this chapter to recruit highly qualified individuals; and
(B) the changes the Administration will implement after the enactment of this chapter in order to improve its recruitment of highly qualified individuals, including how it intends to use—
(i) nongovernmental recruitment or placement agencies; and
(ii) Internet technologies; and
(9) any workforce-related reforms required to resolve the findings and recommendations of the Columbia Accident Investigation Board, the extent to which those recommendations were accepted, and, if necessary, the reasons why any of those recommendations were not accepted.
(c) Not later than 60 days before first exercising any of the workforce authorities made available under this chapter, the Administrator shall provide to all employees the workforce plan and any additional information which the Administrator considers appropriate.
(d)(1)(A) The Administrator may from time to time modify the workforce plan. Any modification to the workforce plan shall be submitted to the Office of Personnel Management for approval by the Office before the modification may be implemented.
(B) Not later than 60 days before implementing any such modifications, the Administrator shall provide an appropriately modified plan to all employees of the Administration and to the appropriate committees of Congress.
(2) Any reference in this chapter or any other provision of law to the workforce plan shall be considered to include any modification made in accordance with this subsection.
(e) Before submitting any written plan under subsection (a) (or modification under subsection (d)) to the Office of Personnel Management, the Administrator shall—
(1) provide to each employee representative representing any employees who might be affected by such plan (or modification) a copy of the proposed plan (or modification);
(2) give each representative 30 calendar days (unless extraordinary circumstances require earlier action) to review and make recommendations with respect to the proposed plan (or modification); and
(3) give any recommendations received from any such representatives under paragraph (2) full and fair consideration in deciding whether or how to proceed with respect to the proposed plan (or modification).
(f) None of the workforce authorities made available under this chapter may be exercised in a manner inconsistent with the workforce plan.
(g) Whenever the Administration submits its performance plan under
(h) Not later than 6 years after the date of enactment of this chapter, the Administrator shall submit to the appropriate committees of Congress an evaluation and analysis of the actions taken by the Administration under this chapter, including—
(1) an evaluation, using the methods described in subsection (b)(7), of whether the authorities exercised under this chapter successfully addressed each critical need identified under subsection (b)(1);
(2) to the extent that they did not, an explanation of the reasons why any critical need (apart from the ones under subsection (b)(3)) was not successfully addressed; and
(3) recommendations for how the Administration could address any remaining critical need and could prevent those that have been addressed from recurring.
(i) The budget request for the Administration for the first fiscal year beginning after the date of enactment of this chapter and for each fiscal year thereafter shall include a statement of the total amount of appropriations requested for such fiscal year to carry out this chapter.
(Added
Editorial Notes
References in Text
The date of enactment of this chapter, referred to in subsecs. (h) and (i), is the date of enactment of
§9803. Restrictions
(a) None of the workforce authorities made available under this chapter may be exercised with respect to any officer who is appointed by the President, by and with the advice and consent of the Senate.
(b) Unless specifically stated otherwise, all workforce authorities made available under this chapter shall be subject to section 5307.
(c)(1) None of the workforce authorities made available under section 9804, 9805, 9806, 9807, 9809, 9812, 9813, 9814, or 9815 may be exercised with respect to a political appointee.
(2) For purposes of this subsection, the term "political appointee" means an employee who holds—
(A) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character; or
(B) a position in the Senior Executive Service as a noncareer appointee (as such term is defined in section 3132(a)).
(Added
§9804. Recruitment, redesignation, and relocation bonuses
(a) Notwithstanding section 5753, the Administrator may pay a bonus to an individual, in accordance with the workforce plan and subject to the limitations in this section, if—
(1) the Administrator determines that the Administration would be likely, in the absence of a bonus, to encounter difficulty in filling a position; and
(2) the individual—
(A) is newly appointed as an employee of the Federal Government;
(B) is currently employed by the Federal Government and is newly appointed to another position in the same geographic area; or
(C) is currently employed by the Federal Government and is required to relocate to a different geographic area to accept a position with the Administration.
(b) If the position is described as addressing a critical need in the workforce plan under section 9802(b)(2)(A), the amount of a bonus may not exceed—
(1) 50 percent of the employee's annual rate of basic pay (including comparability payments under sections 5304 and 5304a) as of the beginning of the service period multiplied by the service period specified under subsection (d)(1)(B)(i); or
(2) 100 percent of the employee's annual rate of basic pay (including comparability payments under sections 5304 and 5304a) as of the beginning of the service period.
(c) If the position is not described as addressing a critical need in the workforce plan under section 9802(b)(2)(A), the amount of a bonus may not exceed 25 percent of the employee's annual rate of basic pay (excluding comparability payments under sections 5304 and 5304a) as of the beginning of the service period.
(d)(1)(A) Payment of a bonus under this section shall be contingent upon the individual entering into a service agreement with the Administration.
(B) At a minimum, the service agreement shall include—
(i) the required service period;
(ii) the method of payment, including a payment schedule, which may include a lump-sum payment, installment payments, or a combination thereof;
(iii) the amount of the bonus and the basis for calculating that amount; and
(iv) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination.
(2) For purposes of determinations under subsections (b)(1) and (c)(1), the employee's service period shall be expressed as the number equal to the full years and twelfth parts thereof, rounding the fractional part of a month to the nearest twelfth part of a year. The service period may not be less than 6 months and may not exceed 4 years.
(3) A bonus under this section may not be considered to be part of the basic pay of an employee.
(e) Before paying a bonus under this section, the Administration shall establish a plan for paying recruitment, redesignation, and relocation bonuses, subject to approval by the Office of Personnel Management.
(f) No more than 25 percent of the total amount in bonuses awarded under subsection (a) in any year may be awarded to supervisors or management officials.
(Added
§9805. Retention bonuses
(a) Notwithstanding section 5754, the Administrator may pay a bonus to an employee, in accordance with the workforce plan and subject to the limitations in this section, if the Administrator determines that—
(1) the unusually high or unique qualifications of the employee or a special need of the Administration for the employee's services makes it essential to retain the employee; and
(2) the employee would be likely to leave in the absence of a retention bonus.
(b) If the position is described as addressing a critical need in the workforce plan under section 9802(b)(2)(A), the amount of a bonus may not exceed 50 percent of the employee's annual rate of basic pay (including comparability payments under sections 5304 and 5304a).
(c) If the position is not described as addressing a critical need in the workforce plan under section 9802(b)(2)(A), the amount of a bonus may not exceed 25 percent of the employee's annual rate of basic pay (excluding comparability payments under sections 5304 and 5304a).
(d)(1)(A) Payment of a bonus under this section shall be contingent upon the employee entering into a service agreement with the Administration.
(B) At a minimum, the service agreement shall include—
(i) the required service period;
(ii) the method of payment, including a payment schedule, which may include a lump-sum payment, installment payments, or a combination thereof;
(iii) the amount of the bonus and the basis for calculating the amount; and
(iv) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination.
(2) The employee's service period shall be expressed as the number equal to the full years and twelfth parts thereof, rounding the fractional part of a month to the nearest twelfth part of a year. The service period may not be less than 6 months and may not exceed 4 years.
(3) Notwithstanding paragraph (1), a service agreement is not required if the Administration pays a bonus in biweekly installments and sets the installment payment at the full bonus percentage rate established for the employee, with no portion of the bonus deferred. In this case, the Administration shall inform the employee in writing of any decision to change the retention bonus payments. The employee shall continue to accrue entitlement to the retention bonus through the end of the pay period in which such written notice is provided.
(e) A bonus under this section may not be considered to be part of the basic pay of an employee.
(f) An employee is not entitled to a retention bonus under this section during a service period previously established for that employee under section 5753 or under section 9804.
(g) No more than 25 percent of the total amount in bonuses awarded under subsection (a) in any year may be awarded to supervisors or management officials.
(Added
§9806. Term appointments
(a) The Administrator may authorize term appointments within the Administration under subchapter I of
(b) Notwithstanding
(1) such individual was appointed under open, competitive examination under subchapter I of
(2) the announcement for the term appointment from which the conversion is made stated that there was potential for subsequent conversion to a career-conditional or career appointment;
(3) the employee has completed at least 2 years of current continuous service under a term appointment in the competitive service;
(4) the employee's performance under such term appointment was at least fully successful or equivalent; and
(5) the position to which such employee is being converted under this section is in the same occupational series, is in the same geographic location, and provides no greater promotion potential than the term position for which the competitive examination was conducted.
(c) Notwithstanding
(d) An employee converted under this section becomes a career-conditional employee, unless the employee has otherwise completed the service requirements for career tenure.
(e) An employee converted to career or career-conditional employment under this section acquires competitive status upon conversion.
(Added
§9807. Pay authority for critical positions
(a) In this section, the term "position" means—
(1) a position to which
(2) a position under the Executive Schedule under sections 5312 through 5317;
(3) a position established under section 3104; or
(4) a senior-level position to which section 5376(a)(1) applies.
(b) Authority under this section—
(1) may be exercised only with respect to a position that—
(A) is described as addressing a critical need in the workforce plan under section 9802(b)(2)(A); and
(B) requires expertise of an extremely high level in a scientific, technical, professional, or administrative field;
(2) may be exercised only to the extent necessary to recruit or retain an individual exceptionally well qualified for the position; and
(3) may be exercised only in retaining employees of the Administration or in appointing individuals who were not employees of another Federal agency as defined under section 5102(a)(1).
(c)(1) Notwithstanding section 5377, the Administrator may fix the rate of basic pay for a position in the Administration in accordance with this section. The Administrator may not delegate this authority.
(2) The number of positions with pay fixed under this section may not exceed 10 at any time.
(d)(1) The rate of basic pay fixed under this section may not be less than the rate of basic pay (including any comparability payments) which would otherwise be payable for the position involved if this section had never been enacted.
(2) The annual rate of basic pay fixed under this section may not exceed the per annum rate of salary payable under
(3) Notwithstanding any provision of section 5307, in the case of an employee who, during any calendar year, is receiving pay at a rate fixed under this section, no allowance, differential, bonus, award, or similar cash payment may be paid to such employee if, or to the extent that, when added to basic pay paid or payable to such employee (for service performed in such calendar year as an employee in the executive branch or as an employee outside the executive branch to whom
(Added
§9808. Assignments of intergovernmental personnel
For purposes of applying the third sentence of section 3372(a) (relating to the authority of the head of a Federal agency to extend the period of an employee's assignment to or from a State or local government, institution of higher education, or other organization), the Administrator may, with the concurrence of the employee and the government or organization concerned, take any action which would be allowable if such sentence had been amended by striking "two" and inserting "four".
(Added
§9809. Science and technology scholarship program
(a)(1) The Administrator shall establish a National Aeronautics and Space Administration Science and Technology Scholarship Program to award scholarships to individuals that is designed to recruit and prepare students for careers in the Administration.
(2) Individuals shall be selected to receive scholarships under this section through a competitive process primarily on the basis of academic merit, with consideration given to financial need and the goal of promoting the participation of individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (
(3) To carry out the Program the Administrator shall enter into contractual agreements with individuals selected under paragraph (2) under which the individuals agree to serve as full-time employees of the Administration, for the period described in subsection (f)(1), in positions needed by the Administration and for which the individuals are qualified, in exchange for receiving a scholarship.
(b) In order to be eligible to participate in the Program, an individual must—
(1) be enrolled or accepted for enrollment as a full-time student at an institution of higher education in an academic field or discipline described in the list made available under subsection (d);
(2) be a United States citizen or permanent resident; and
(3) at the time of the initial scholarship award, not be an employee (as defined in section 2105).
(c) An individual seeking a scholarship under this section shall submit an application to the Administrator at such time, in such manner, and containing such information, agreements, or assurances as the Administrator may require to carry out this section.
(d) The Administrator shall make publicly available a list of academic programs and fields of study for which scholarships under the Program may be utilized and shall update the list as necessary.
(e)(1) The Administrator may provide a scholarship under the Program for an academic year if the individual applying for the scholarship has submitted to the Administrator, as part of the application required under subsection (c), a proposed academic program leading to a degree in a program or field of study on the list made available under subsection (d).
(2) An individual may not receive a scholarship under this section for more than 4 academic years, unless the Administrator grants a waiver.
(3) The dollar amount of a scholarship under this section for an academic year shall be determined under regulations issued by the Administrator, but shall in no case exceed the cost of attendance.
(4) A scholarship provided under this section may be expended for tuition, fees, and other authorized expenses as established by the Administrator by regulation.
(5) The Administrator may enter into a contractual agreement with an institution of higher education under which the amounts provided for a scholarship under this section for tuition, fees, and other authorized expenses are paid directly to the institution with respect to which the scholarship is provided.
(f)(1) The period of service for which an individual shall be obligated to serve as an employee of the Administration is, except as provided in subsection (h)(2), 24 months for each academic year for which a scholarship under this section is provided.
(2)(A) Except as provided in subparagraph (B), obligated service under paragraph (1) shall begin not later than 60 days after the individual obtains the educational degree for which the scholarship was provided.
(B) The Administrator may defer the obligation of an individual to provide a period of service under paragraph (1) if the Administrator determines that such a deferral is appropriate. The Administrator shall prescribe the terms and conditions under which a service obligation may be deferred through regulation.
(g)(1) Scholarship recipients who fail to maintain a high level of academic standing, as defined by the Administrator by regulation, who are dismissed from their educational institutions for disciplinary reasons, or who voluntarily terminate academic training before graduation from the educational program for which the scholarship was awarded, shall be in breach of their contractual agreement and, in lieu of any service obligation arising under such agreement, shall be liable to the United States for repayment within 1 year after the date of default of all scholarship funds paid to them and to the institution of higher education on their behalf under the agreement, except as provided in subsection (h)(2). The repayment period may be extended by the Administrator when determined to be necessary, as established by regulation.
(2) Scholarship recipients who, for any reason, fail to begin or complete their service obligation after completion of academic training, or fail to comply with the terms and conditions of deferment established by the Administrator pursuant to subsection (f)(2)(B), shall be in breach of their contractual agreement. When recipients breach their agreements for the reasons stated in the preceding sentence, the recipient shall be liable to the United States for an amount equal to—
(A) the total amount of scholarships received by such individual under this section; plus
(B) the interest on the amounts of such awards which would be payable if at the time the awards were received they were loans bearing interest at the maximum legal prevailing rate, as determined by the Treasurer of the United States.
(h)(1) Any obligation of an individual incurred under the Program (or a contractual agreement thereunder) for service or payment shall be canceled upon the death of the individual.
(2) The Administrator shall by regulation provide for the partial or total waiver or suspension of any obligation of service or payment incurred by an individual under the Program (or a contractual agreement thereunder) whenever compliance by the individual is impossible or would involve extreme hardship to the individual, or if enforcement of such obligation with respect to the individual would be contrary to the best interests of the Government.
(i) For purposes of this section—
(1) the term "cost of attendance" has the meaning given that term in section 472 of the Higher Education Act of 1965;
(2) the term "institution of higher education" has the meaning given that term in section 101(a) of the Higher Education Act of 1965; and
(3) the term "Program" means the National Aeronautics and Space Administration Science and Technology Scholarship Program established under this section.
(j)(1) There is authorized to be appropriated to the Administration for the Program $10,000,000 for each fiscal year.
(2) Amounts appropriated under this section shall remain available for 2 fiscal years.
(Added
Editorial Notes
References in Text
Sections 101(a) and 472 of the Higher Education Act of 1965, referred to in subsec. (i), are classified to sections 1001(a) and 1087ll, respectively, of Title 20, Education.
Amendments
2005—Subsec. (a)(2).
Subsec. (c).
Subsec. (f)(1).
Subsec. (g)(2).
§9810. Distinguished scholar appointment authority
(a) In this section—
(1) the term "professional position" means a position that is classified to an occupational series identified by the Office of Personnel Management as a position that—
(A) requires education and training in the principles, concepts, and theories of the occupation that typically can be gained only through completion of a specified curriculum at a recognized college or university; and
(B) is covered by the Group Coverage Qualification Standard for Professional and Scientific Positions; and
(2) the term "research position" means a position in a professional series that primarily involves scientific inquiry or investigation, or research-type exploratory development of a creative or scientific nature, where the knowledge required to perform the work successfully is acquired typically and primarily through graduate study.
(b) The Administration may appoint, without regard to the provisions of section 3304(b) and sections 3309 through 3318, but subject to subsection (c), candidates directly to General Schedule professional, competitive service positions in the Administration for which public notice has been given (in accordance with regulations of the Office of Personnel Management), if—
(1) with respect to a position at the GS–7 level, the individual—
(A) received, within 2 years before the effective date of the appointment, from an accredited institution authorized to grant baccalaureate degrees, a baccalaureate degree in a field of study for which possession of that degree in conjunction with academic achievements meets the qualification standards as prescribed by the Office of Personnel Management for the position to which the individual is being appointed; and
(B) achieved a cumulative grade point average of 3.0 or higher on a 4.0 scale and a grade point average of 3.5 or higher for courses in the field of study required to qualify for the position;
(2) with respect to a position at the GS–9 level, the individual—
(A) received, within 2 years before the effective date of the appointment, from an accredited institution authorized to grant graduate degrees, a graduate degree in a field of study for which possession of that degree meets the qualification standards at this grade level as prescribed by the Office of Personnel Management for the position to which the individual is being appointed; and
(B) achieved a cumulative grade point average of 3.5 or higher on a 4.0 scale in graduate coursework in the field of study required for the position;
(3) with respect to a position at the GS–11 level, the individual—
(A) received, within 2 years before the effective date of the appointment, from an accredited institution authorized to grant graduate degrees, a graduate degree in a field of study for which possession of that degree meets the qualification standards at this grade level as prescribed by the Office of Personnel Management for the position to which the individual is being appointed; and
(B) achieved a cumulative grade point average of 3.5 or higher on a 4.0 scale in graduate coursework in the field of study required for the position; or
(4) with respect to a research position at the GS–12 level, the individual—
(A) received, within 2 years before the effective date of the appointment, from an accredited institution authorized to grant graduate degrees, a graduate degree in a field of study for which possession of that degree meets the qualification standards at this grade level as prescribed by the Office of Personnel Management for the position to which the individual is being appointed; and
(B) achieved a cumulative grade point average of 3.5 or higher on a 4.0 scale in graduate coursework in the field of study required for the position.
(c) In making any selections under this section, preference eligibles who meet the criteria for distinguished scholar appointments shall be considered ahead of nonpreference eligibles.
(d) An appointment made under this authority shall be a career-conditional appointment in the competitive civil service.
(Added
Editorial Notes
References in Text
The General Schedule, referred to in subsec. (b), is set out under
§9811. Travel and transportation expenses of certain new appointees
(a) In this section, the term "new appointee" means—
(1) a person newly appointed or reinstated to Federal service to the Administration to—
(A) a career or career-conditional appointment or an excepted service appointment to a continuing position;
(B) a term appointment;
(C) an excepted service appointment that provides for noncompetitive conversion to a career or career-conditional appointment;
(D) a career or limited term Senior Executive Service appointment;
(E) an appointment made under
(F) an appointment to a position established under section 3104; or
(G) an appointment to a position established under section 5108; or
(2) a student trainee who, upon completion of academic work, is converted to an appointment in the Administration that is identified in paragraph (1) in accordance with an appropriate authority.
(b) The Administrator may pay the travel, transportation, and relocation expenses of a new appointee to the same extent, in the same manner, and subject to the same conditions as the payment of such expenses under sections 5724, 5724a, 5724b, and 5724c to an employee transferred in the interests of the United States Government.
(Added
Editorial Notes
Amendments
2010—Subsec. (a)(1)(E).
§9812. Annual leave enhancements
(a) In this section—
(1) the term "newly appointed employee" means an individual who is first appointed—
(A) as an employee of the Federal Government; or
(B) as an employee of the Federal Government following a break in service of at least 90 days after that individual's last period of Federal employment, other than—
(i) employment under the Student Educational Employment Program administered by the Office of Personnel Management;
(ii) employment as a law clerk trainee;
(iii) employment under a short-term temporary appointing authority while a student during periods of vacation from the educational institution at which the student is enrolled;
(iv) employment under a provisional appointment if the new appointment is permanent and immediately follows the provisional appointment; or
(v) employment under a temporary appointment that is neither full-time nor the principal employment of the individual;
(2) the term "period of qualified non-Federal service" means any period of service performed by an individual that—
(A) was performed in a position the duties of which were directly related to the duties of the position in the Administration which that individual will fill as a newly appointed employee; and
(B) except for this section, would not otherwise be service performed by an employee for purposes of section 6303; and
(3) the term "directly related to the duties of the position" means duties and responsibilities in the same line of work which require similar qualifications.
(b)(1) For purposes of section 6303, the Administrator may deem a period of qualified non-Federal service performed by a newly appointed employee to be a period of service of equal length performed as an employee.
(2) A decision under paragraph (1) to treat a period of qualified non-Federal service as if it were service performed as an employee shall continue to apply so long as that individual serves in or under the Administration.
(c)(1) Notwithstanding section 6303(a), the annual leave accrual rate for an employee of the Administration in a position paid under section 5376 or 5383, or for an employee in an equivalent category whose rate of basic pay is greater than the rate payable at GS–15, step 10, shall be 1 day for each full biweekly pay period.
(2) The accrual rate established under this subsection shall continue to apply to the employee so long as such employee serves in or under the Administration.
(Added
Editorial Notes
References in Text
GS–15, referred to in subsec. (c)(1), is contained in the General Schedule, which is set out under
§9813. Limited appointments to Senior Executive Service positions
(a) In this section—
(1) the term "career reserved position" means a position in the Administration designated under section 3132(b) which may be filled only by—
(A) a career appointee; or
(B) a limited emergency appointee or a limited term appointee—
(i) who, immediately before entering the career reserved position, was serving under a career or career-conditional appointment outside the Senior Executive Service; or
(ii) whose limited emergency or limited term appointment is approved in advance by the Office of Personnel Management;
(2) the term "limited emergency appointee" has the meaning given under section 3132; and
(3) the term "limited term appointee" means an individual appointed to a Senior Executive Service position in the Administration to meet a bona fide temporary need, as determined by the Administrator.
(b) The number of career reserved positions which are filled by an appointee as described under subsection (a)(1)(B) may not exceed 10 percent of the total number of Senior Executive Service positions allocated to the Administration.
(c) Notwithstanding sections 3132 and 3394(b)—
(1) the Administrator may appoint an individual to any Senior Executive Service position in the Administration as a limited term appointee under this section for a period of—
(A) 4 years or less to a position the duties of which will expire at the end of such term; or
(B) 1 year or less to a position the duties of which are continuing; and
(2) in rare circumstances, the Administrator may authorize an extension of a limited appointment under—
(A) paragraph (1)(A) for a period not to exceed 2 years; and
(B) paragraph (1)(B) for a period not to exceed 1 year.
(d) A limited term appointee who has been appointed in the Administration from a career or career-conditional appointment outside the Senior Executive Service shall have reemployment rights in the agency from which appointed, or in another agency, under requirements and conditions established by the Office of Personnel Management. The Office shall have the authority to direct such placement in any agency.
(e) Notwithstanding section 3394(b) and section 3395—
(1) a limited term appointee serving under a term prescribed under this section may be reassigned to another Senior Executive Service position in the Administration, the duties of which will expire at the end of a term of 4 years or less; and
(2) a limited term appointee serving under a term prescribed under this section may be reassigned to another continuing Senior Executive Service position in the Administration, except that the appointee may not serve in 1 or more positions in the Administration under such appointment in excess of 1 year, except that in rare circumstances, the Administrator may approve an extension up to an additional 1 year.
(f) A limited term appointee may not serve more than 7 consecutive years under any combination of limited appointments.
(g) Notwithstanding section 5384, the Administrator may authorize performance awards to limited term appointees in the Administration in the same amounts and in the same manner as career appointees.
(Added
§9814. Qualifications pay
(a) Notwithstanding section 5334, the Administrator may set the pay of an employee paid under the General Schedule at any step within the pay range for the grade of the position, if such employee—
(1) possesses unusually high or unique qualifications; and
(2) is assigned—
(A) new duties, without a change of position; or
(B) to a new position.
(b) If an exercise of the authority under this section relates to a current employee selected for another position within the Administration, a determination shall be made that the employee's contribution in the new position will exceed that in the former position, before setting pay under this section.
(c) Pay as set under this section is basic pay for such purposes as pay set under section 5334.
(d) If the employee serves for at least 1 year in the position for which the pay determination under this section was made, or a successor position, the pay earned under such position may be used in succeeding actions to set pay under
(e) Before setting any employee's pay under this section, the Administrator shall submit a plan to the Office of Personnel Management and the appropriate committees of Congress, that includes—
(1) criteria for approval of actions to set pay under this section;
(2) the level of approval required to set pay under this section;
(3) all types of actions and positions to be covered;
(4) the relationship between the exercise of authority under this section and the use of other pay incentives; and
(5) a process to evaluate the effectiveness of this section.
(Added
Editorial Notes
References in Text
The General Schedule, referred to in subsec. (a), is set out under
§9815. Reporting requirement
The Administrator shall submit to the appropriate committees of Congress, not later than February 28 of each of the next 6 years beginning after the date of enactment of this chapter, a report that provides the following:
(1) A summary of all bonuses paid under subsections (b) and (c) of section 9804 during the preceding fiscal year. Such summary shall include the total amount of bonuses paid, the total number of bonuses paid, the percentage of the amount of bonuses awarded to supervisors and management officials, and the average percentage used to calculate the total average bonus amount, under each of those subsections.
(2) A summary of all bonuses paid under subsections (b) and (c) of section 9805 during the preceding fiscal year. Such summary shall include the total amount of bonuses paid, the total number of bonuses paid, the percentage of the amount of bonuses awarded to supervisors and management officials, and the average percentage used to calculate the total average bonus amount, under each of those subsections.
(3) The total number of term appointments converted during the preceding fiscal year under section 9806 and, of that total number, the number of conversions that were made to address a critical need described in the workforce plan pursuant to section 9802(b)(2).
(4) The number of positions for which the rate of basic pay was fixed under section 9807 during the preceding fiscal year, the number of positions for which the rate of basic pay under such section was terminated during the preceding fiscal year, and the number of times the rate of basic pay was fixed under such section to address a critical need described in the workforce plan pursuant to section 9802(b)(2).
(5) The number of scholarships awarded under section 9809 during the preceding fiscal year and the number of scholarship recipients appointed by the Administration during the preceding fiscal year.
(6) The total number of distinguished scholar appointments made under section 9810 during the preceding fiscal year and, of that total number, the number of appointments that were made to address a critical need described in the workforce plan pursuant to section 9802(b)(2).
(7) The average amount paid per appointee, and the largest amount paid to any appointee, under section 9811 during the preceding fiscal year for travel and transportation expenses.
(8) The total number of employees who were awarded enhanced annual leave under section 9812 during the preceding fiscal year; of that total number, the number of employees who were serving in a position addressing a critical need described in the workforce plan pursuant to section 9802(b)(2); and, for employees in each of those respective groups, the average amount of additional annual leave such employees earned in the preceding fiscal year (over and above what they would have earned absent section 9812).
(9) The total number of appointments made under section 9813 during the preceding fiscal year and, of that total number, the number of appointments that were made to address a critical need described in the workforce plan pursuant to section 9802(b)(2).
(10) The number of employees for whom the Administrator set the pay under section 9814 during the preceding fiscal year and the number of times pay was set under such section to address a critical need described in the workforce plan pursuant to section 9802(b)(2).
(11) A summary of all recruitment, relocation, redesignation, and retention bonuses paid under authorities other than this chapter and excluding the authorities provided in
(Added
Editorial Notes
References in Text
The date of enactment of this chapter, referred to in introductory provisions, is the date of enactment of
CHAPTER 99 —DEPARTMENT OF DEFENSE PERSONNEL AUTHORITIES
Editorial Notes
Amendments
2018—
2011—
2009—
§9901. Definitions
For purposes of this chapter—
(1) the term "Director" means the Director of the Office of Personnel Management; and
(2) the term "Secretary" means the Secretary of Defense.
(Added
Statutory Notes and Related Subsidiaries
Impact on Department of Defense Civilian Personnel
"(1) Any exercise of authority under
"(2) No other provision of this Act [see Tables for classification] or of any amendment made by this Act may be construed or applied in a manner so as to limit, supersede, or otherwise affect the provisions of this section [enacting this chapter], except to the extent that it does so by specific reference to this section."
§9902. Department of Defense personnel authorities
(a)
(A) A fair, credible, and transparent performance appraisal system for employees.
(B) A fair, credible, and transparent system for linking employee bonuses and other performance-based actions to performance appraisals of employees.
(C) A process for ensuring ongoing performance feedback and dialogue among supervisors, managers, and employees throughout the appraisal period and setting timetables for review.
(D) Development of attractive career paths.
(E) Development of "performance assistance plans" that are designed to give employees formal training, on-the-job training, counseling, mentoring, and other assistance.
(2) In developing the regulations required by this subsection, the Secretary, in coordination with the Director, may waive the requirements of
(3)(A) The Secretary may establish a fund, to be known as the "Department of Defense Civilian Workforce Incentive Fund" (in this paragraph referred to as the "Fund").
(B) The Fund shall consist of the following:
(i) Amounts appropriated to the Fund.
(ii) Amounts available for compensation of employees that are transferred to the Fund.
(C) Amounts in the Fund shall be available for the following:
(i) Incentive payments for employees based on team or individual performance (which payments shall be in addition to basic pay).
(ii) Incentive payments to attract or retain employees with particular or superior qualifications or abilities.
(D) The authority provided in this paragraph is in addition to, and does not supersede or replace, any authority or source of funding otherwise available to the Secretary to pay bonuses or make incentive payments to civilian employees of the Department.
(4)(A) Any action taken by the Secretary under this subsection, or to implement this subsection, shall be subject to the requirements of subsection (c) and
(B) Any rules or regulations promulgated pursuant to this subsection shall be deemed an agency rule or regulation under section 7117(a)(2), and shall not be deemed a Government-wide rule or regulation under section 7117(a)(1).
(b)
(A) better meet mission needs;
(B) respond to managers' needs and the needs of applicants;
(C) produce high-quality applicants;
(D) support timely decisions;
(E) uphold appointments based on merit system principles; and
(F) promote competitive job offers.
(2) In redesigning the process by which such appointments shall be made, the Secretary, in coordination with the Director, may waive the requirements of
(A) Fair, credible, and transparent methods of establishing qualification requirements for, recruitment for, and appointments to positions.
(B) Fair and open competition and equitable treatment in the consideration and selection of individuals to positions.
(C) Fair, credible, and transparent methods of assigning, reassigning, detailing, transferring, or promoting employees.
(3) In implementing this subsection, the Secretary shall comply with the provisions of section 2302(b)(11), regarding veterans' preference requirements, in a manner consistent with that in which such provisions are applied under
(4)(A) Any action taken by the Secretary under this subsection, or to implement this subsection, shall be subject to the requirements of subsection (c) and
(B) Any rules or regulations promulgated pursuant to this section shall be deemed an agency rule or regulation under section 7117(a)(2), and shall not be deemed a Government-wide rule or regulation under section 7117(a)(1).
(5) The Secretary shall develop a training program for Department of Defense human resource professionals to implement the requirements of this subsection.
(6) The Secretary shall develop indicators of effectiveness to determine whether appointment flexibilities under this subsection have achieved the objectives set forth in paragraph (1).
(c)
(1) adhere to merit principles set forth in section 2301;
(2) include a means for ensuring employee involvement (for bargaining unit employees, through their exclusive representatives) in the design and implementation of such system;
(3) provide for adequate training and retraining for supervisors, managers, and employees in the implementation and operation of such system;
(4) develop—
(A) a comprehensive management succession program to provide training to employees to develop managers for the agency; and
(B) a program to provide training to supervisors on actions, options, and strategies a supervisor may use in administering such system;
(5) include effective transparency and accountability measures and safeguards to ensure that the management of such system is fair, credible, and equitable, including appropriate independent reasonableness reviews, internal assessments, and employee surveys;
(6) provide mentors to advise individuals on their career paths and opportunities to advance and excel within their fields;
(7) develop appropriate procedures for warnings during performance evaluations for employees who fail to meet performance standards;
(8) utilize the annual strategic workforce plan, required by section 115b 1 of title 10; and
(9) ensure that adequate agency resources are allocated for the design, implementation, and administration of such system.
(d)
(A) a program to provide training to supervisors on use of the new authorities provided in this section, including the actions, options, and strategies a supervisor may use in—
(i) developing and discussing relevant goals and objectives with the employee, communicating and discussing progress relative to performance goals and objectives, and conducting performance appraisals;
(ii) mentoring and motivating employees, and improving employee performance and productivity;
(iii) fostering a work environment characterized by fairness, respect, equal opportunity, and attention to the quality of the work of employees;
(iv) effectively managing employees with unacceptable performance;
(v) addressing reports of a hostile work environment, reprisal, or harassment of or by another supervisor or employee; and
(vi) otherwise carrying out the duties and responsibilities of a supervisor;
(B) a program to provide training to supervisors on the prohibited personnel practices under section 2302 (particularly with respect to such practices described under subsections (b)(1) and (b)(8) of such section), employee collective bargaining and union participation rights, and the procedures and processes used to enforce employee rights; and
(C) a program under which experienced supervisors mentor new supervisors by—
(i) sharing knowledge and advice in areas such as communication, critical thinking, responsibility, flexibility, motivating employees, teamwork, leadership, and professional development; and
(ii) pointing out strengths and areas for development.
(2) Each supervisor shall be required to complete a program at least once every 3 years.
(e)
(1) The Secretary may bargain with a labor organization which has been accorded exclusive recognition under
(2) Any such bargaining shall—
(A) address issues that are—
(i) subject to bargaining under
(ii) applicable to multiple bargaining units; and
(iii) raised by either party to the bargaining;
(B) except as agreed by the parties or directed through an independent dispute resolution process agreed upon by the parties, be binding on all affected subordinate bargaining units of the labor organization at the level of recognition and their exclusive representatives, and the Department of Defense and its subcomponents, without regard to levels of recognition;
(C) to the extent agreed by the parties or directed through an independent dispute resolution process agreed upon by the parties, supersede conflicting provisions of all other collective bargaining agreements of the labor organization, including collective bargaining agreements negotiated with an exclusive representative at the level of recognition; and
(D) except as agreed by the parties or directed through an independent dispute resolution process agreed upon by the parties, not be subject to further negotiations for any purpose, including bargaining at the level of recognition.
(3) Any independent dispute resolution process agreed to by the parties for the purposes of paragraph (2) shall have the authority to address all issues on which the parties are unable to reach agreement.
(4) The National Guard Bureau and the Army and Air Force National Guard may be included in coverage under this subsection.
(5) Any bargaining completed pursuant to this subsection with a labor organization not otherwise having national consultation rights with the Department of Defense or its subcomponents shall not create any obligation on the Department of Defense or its subcomponents to confer national consultation rights on such a labor organization.
(f)
(1) The Secretary may establish a program within the Department of Defense under which employees may be eligible for early retirement, offered separation incentive pay to separate from service voluntarily, or both. This authority may be used to reduce the number of personnel employed by the Department of Defense or to restructure the workforce to meet mission objectives without reducing the overall number of personnel. This authority is in addition to, and notwithstanding, any other authorities established by law or regulation for such programs.
(2)(A) The Secretary may not authorize the payment of voluntary separation incentive pay under paragraph (1) to more than 25,000 employees in any fiscal year, except that employees who receive voluntary separation incentive pay as a result of a closure or realignment of a military installation under the Defense Base Closure and Realignment Act of 1990 (title XXIX of
(B) The Secretary shall prepare a report each fiscal year setting forth the number of employees who received such pay as a result of a closure or realignment of a military base as described under subparagraph (A).
(C) The Secretary shall submit the report under subparagraph (B) to the Committee on Armed Services and the Committee on Governmental Affairs of the Senate, and the Committee on Armed Services and the Committee on Government Reform of the House of Representatives.
(3) For purposes of this section, the term "employee" means an employee of the Department of Defense, serving under an appointment without time limitation, except that such term does not include—
(A) a reemployed annuitant under subchapter III of
(B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under any of the retirement systems referred to in subparagraph (A); or
(C) for purposes of eligibility for separation incentives under this section, an employee who is in receipt of a decision notice of involuntary separation for misconduct or unacceptable performance.
(4) An employee who is at least 50 years of age and has completed 20 years of service, or has at least 25 years of service, may, pursuant to regulations promulgated under this section, apply and be retired from the Department of Defense and receive benefits in accordance with
(5)(A) Separation pay shall be paid in a lump sum or in installments and shall be equal to the lesser of—
(i) an amount equal to the amount the employee would be entitled to receive under section 5595(c), if the employee were entitled to payment under such section; or
(ii) $25,000.
(B) Separation pay shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit. Separation pay shall not be taken into account for the purpose of determining the amount of any severance pay to which an individual may be entitled under section 5595, based on any other separation.
(C) Separation pay, if paid in installments, shall cease to be paid upon the recipient's acceptance of employment by the Federal Government, or commencement of work under a personal services contract as described in paragraph (6).
(6)(A) An employee who receives separation pay under such program may not be reemployed by the Department of Defense for a 12-month period beginning on the effective date of the employee's separation, unless this prohibition is waived by the Secretary on a case-by-case basis.
(B) An employee who receives separation pay under this section on the basis of a separation occurring on or after the date of the enactment of the Federal Workforce Restructuring Act of 1994 (
(7) Under this program, early retirement and separation pay may be offered only pursuant to regulations established by the Secretary, subject to such limitations or conditions as the Secretary may require.
(g)
(1) Except as provided under paragraph (2), if an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes employed in a position within the Department of Defense, his annuity shall continue. An annuitant so reemployed shall not be considered an employee for purposes of subchapter III of
(2)(A) An annuitant retired under section 8336(d)(1) or 8414(b)(1)(A) receiving an annuity from the Civil Service Retirement and Disability Fund, who becomes employed in a position within the Department of Defense after the date of enactment of the National Defense Authorization Act for Fiscal Year 2004 (
(B) An election for coverage under this paragraph shall be filed not later than the later of 90 days after the date the Department of Defense—
(i) prescribes regulations to carry out this subsection; or
(ii) takes reasonable actions to notify employees who may file an election.
(C) If an employee files an election under this paragraph, coverage shall be effective beginning on the first day of the first applicable pay period beginning on or after the date of the filing of the election.
(D) Paragraph (1) shall apply to an individual who is eligible to file an election under subparagraph (A) and does not file a timely election under subparagraph (B).
(3) Benefits similar to those provided by paragraphs (1) and (2) may be extended, in accordance with regulations prescribed by the President, so as to be made available with respect to reemployed annuitants within the Department of Defense who are subject to such other retirement systems for Government employees (whose annuities are payable under authorities other than subchapter III of
(4) The Secretary shall prescribe regulations to carry out this subsection, excluding paragraph (3).
(h)
(1)
(A) conduct appropriately designed and statistically valid internal assessments or employee surveys to assess employee perceptions of any program, system, procedures, or other aspect of personnel management, as established or modified under authority of this section; and
(B) submit to the appropriate committees of Congress a report describing the results of the assessments or surveys conducted under subparagraph (A) (including the methodology used), together with any other information which the Secretary considers appropriate.
(2)
(A) the Committees on Armed Services of the Senate and the House of Representatives;
(B) the Committee on Homeland Security and Governmental Affairs of the Senate; and
(C) the Committee on Oversight and Government Reform of the House of Representatives.
(Added
Editorial Notes
References in Text
The Defense Base Closure and Realignment Act of 1990, referred to in subsec. (f)(2)(A), is part A of title XXIX of div. B of
The date of the enactment of the Federal Workforce Restructuring Act of 1994, referred to in subsec. (f)(6)(B), is the date of enactment of
The date of the enactment of the National Defense Authorization Act for Fiscal Year 2004, referred to in subsec. (g)(2)(A), is the date of enactment of
Amendments
2023—Subsec. (h)(1)(B).
Subsec. (h)(2), (3).
2011—Subsec. (a)(1)(D), (E).
Subsec. (a)(2).
Subsec. (b)(5), (6).
Subsec. (c)(6) to (9).
Subsec. (g)(3), (4).
Subsec. (h).
2009—
Subsec. (g)(3), (4).
2008—
Subsec. (i).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Effective Date of 2011 Amendment
"(1) Except as provided in paragraph (2), the amendments made by this section [amending this section and provisions set out as notes preceding section 1580 and under
"(2) The amendment made by subsection (a)(2) [amending provisions set out as a note preceding
References to Pub. L. 111–383
Temporary Increase in Maximum Amount of Voluntary Separation Incentive Pay Authorized for Civilian Employees of the Department of Defense
Reports on Performance Management System and Appointment Procedures
Provisions Relating to the National Security Personnel System
"(a)
"(1) the term 'National Security Personnel System' or 'NSPS' refers to a human resources management system established under authority of
"(2) the term 'statutory pay system' means a pay system under—
"(A) subchapter III of
"(B) such other provisions of law as would apply if
"(b)
"(1)
"(2)
"(3)
"(A) may not be modified on or after the date of the enactment of this Act, except as necessary to implement this Act [see Tables for classification]; and
"(B) shall cease to be effective as of January 1, 2012.
"(c)
"(1)
"(A) the statutory pay system and all other aspects of the personnel system that last applied to such employee or position (as the case may be) before the National Security Personnel System applied; or
"(B) if subparagraph (A) does not apply, the statutory pay system and all other aspects of the personnel system that would have applied if the National Security Personnel System had never been established.
No employee shall suffer any loss of or decrease in pay because of the preceding sentence, and, for purposes of carrying out such preceding sentence, any determination of the system that last applied (or that would have applied) with respect to an employee or position shall take into account any modifications to such system pursuant to the provisions of subsections (a) and (b) of
"(2)
"(3)
"(4)
"(5)
"(d)
"[(e) Repealed.
"(f)
"(g)
"(1)
"(A) additional personnel flexibilities and associated statutory waivers with respect to the application of the General Schedule (as defined in
"(B) additional personnel flexibilities and associated statutory waivers, which would require exemption from the application of the General Schedule (as so defined).
"(2)
"(3)
"(A) shall be developed in a manner consistent with the requirements of subsections (c) and (d) of
"(B) shall include a description of proposed regulations and implementing rules that the Secretary plans to adopt for the proposed system;
"(C) shall identify and provide a rationale for any statutory waiver that would be required to implement the proposed system;
"(D) shall describe the steps that the Department would take to avoid problems of the type described in the report of the Defense Business Board, dated August 2009, regarding the National Security Personnel System; and
"(E) may not provide for the waiver of any provision of law that cannot be waived under paragraph (3) of
"(4)
"(5)
"(6)
"(A) the Committees on Armed Services of the Senate and the House of Representatives;
"(B) the Committee on Homeland Security and Governmental Affairs of the Senate; and
"(C) the Committee on Oversight and Government Reform [now Committee on Oversight and Accountability] of the House of Representatives."
Implementation
Civilian Pay
Pilot Program for Improved Civilian Personnel Management
1 See References in Text note below.
§9903. Attracting highly qualified experts
(a)
(b)
(1) appoint personnel from outside the civil service and uniformed services (as such terms are defined in section 2101) to positions in the Department of Defense without regard to any provision of this title governing the appointment of employees to positions in the Department of Defense;
(2) prescribe the rates of basic pay for positions to which employees are appointed under paragraph (1) at rates not in excess of the maximum rate of basic pay authorized for senior-level positions under section 5376, as increased by locality-based comparability payments under section 5304, notwithstanding any provision of this title governing the rates of pay or classification of employees in the executive branch; and
(3) pay any employee appointed under paragraph (1) payments in addition to basic pay within the limits applicable to the employee under subsection (d).
(c)
(2) The Secretary may, in the case of a particular employee, extend the period to which service is limited under paragraph (1) by up to 1 additional year if the Secretary determines that such action is necessary to promote the Department of Defense's national security missions.
(d)
(A) $50,000 in fiscal year 2004, which may be adjusted annually thereafter by the Secretary, with a percentage increase equal to one-half of 1 percentage point less than the percentage by which the Employment Cost Index, published quarterly by the Bureau of Labor Statistics, for the base quarter of the year before the preceding calendar year exceeds the Employment Cost Index for the base quarter of the second year before the preceding calendar year.
(B) The amount equal to 50 percent of the employee's annual rate of basic pay.
For purposes of this paragraph, the term "base quarter" has the meaning given such term by section 5302(3).
(2) An employee appointed under this section is not eligible for any bonus, monetary award, or other monetary incentive for service, except for—
(A) payments authorized under this section; and
(B) in the case of an employee who is assigned in support of a contingency operation (as defined in
(3) Notwithstanding any other provision of this subsection or of section 5307, no additional payments may be paid to an employee under this section in any calendar year if, or to the extent that, the employee's total annual compensation will exceed the maximum amount of total annual compensation payable at the salary set in accordance with
(e)
(f)
(1) the termination of the program does not terminate the employee's employment in that position before the expiration of the lesser of—
(A) the period for which the employee was appointed; or
(B) the period to which the employee's service is limited under subsection (c), including any extension made under this section before the termination of the program; and
(2) the rate of basic pay prescribed for the position under this section may not be reduced as long as the employee continues to serve in the position without a break in service.
(Added
Editorial Notes
Amendments
2011—Subsec. (d)(2).
Subsec. (d)(3).
Statutory Notes and Related Subsidiaries
References to Maximum Rate Under 5 U.S.C. 5376
For reference to maximum rate under
Policy on Senior Mentors
"(a)
"(b)
Disclosure of Senior Mentors
"(a)
"(b)
Requirements for Department of Defense Senior Mentors
"(a)
"(1) hired as highly qualified experts under
"(2) required to comply with all applicable Federal laws and regulations on personnel and ethics matters.
"(b)
§9904. Special pay and benefits for certain employees outside the United States
The Secretary may provide to certain civilian employees of the Department of Defense assigned to activities outside the United States as determined by the Secretary to be in support of Department of Defense activities abroad hazardous to life or health or so specialized because of security requirements as to be clearly distinguishable from normal Government employment—
(1) allowances and benefits—
(A) comparable to those provided by the Secretary of State to members of the Foreign Service under
(B) comparable to those provided by the Director of Central Intelligence to personnel of the Central Intelligence Agency; and
(2) special retirement accrual benefits and disability in the same manner provided for by the Central Intelligence Agency Retirement Act (
(Added
Editorial Notes
References in Text
The Foreign Service Act of 1980, referred to in par. (1)(A), is
The Central Intelligence Agency Act of 1949, referred to in par. (2), is act June 20, 1949, ch. 227,
Statutory Notes and Related Subsidiaries
Change of Name
Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of
1 See References in Text note below.
§9905. Direct hire authority for certain personnel of the Department of Defense
(a)
(1) Any position involved with Department maintenance activities, including depot-level maintenance and repair.
(2) Any cyber workforce position.
(3) Any individual in the acquisition workforce that manages any services contracts necessary to the operation and maintenance of programs of the Department.
(4) Any science, technology, or engineering position, including any such position at the Major Range and Test Facilities Base, in order to allow development of new systems and provide for the maintenance of legacy systems.
(5) Any scientific, technical, engineering, or mathematics positions, including technicians, within the defense acquisition workforce, or any category of acquisition positions within the Department designated by the Secretary as a shortage or critical need category.
(6) Any scientific, technical, engineering, or mathematics position, except any such position within any defense Scientific and Technology Reinvention Laboratory, for which a qualified candidate is required to possess a bachelor's degree or an advanced degree, or for which a veteran candidate is being considered.
(7) Any category of medical or health professional positions within the Department designated by the Secretary as a shortage category or critical need occupation.
(8) Any childcare services position for which there is a critical hiring need and a shortage of childcare providers.
(9) Any financial management, accounting, auditing, actuarial, cost estimation, operational research, or business or business administration position for which a qualified candidate is required to possess a finance, accounting, management or actuarial science degree or a related degree, or a related degree of equivalent experience.
(10) Any position, as determined by the Secretary, for the purpose of assisting and facilitating the efforts of the Department in business transformation and management innovation.
(11) Any position in the military housing office of a military installation whose primary function is supervision of military housing covered by subchapter IV of
(12) Any position in support of aircraft operations for which the Secretary determines there is a critical hiring need or shortage of candidates.
(13) Any position in support of the safety of the public, law enforcement, or first response for which the Secretary determines there is a critical hiring need or shortage of candidates.
(14) Any position in support of Special Inspector General for Operation Atlantic Resolve for which the Secretary determines there is a critical hiring need and shortage of candidates.
(b)
(1)
(2)
(c)
(1)
(2) Sections 1112 and 1113 of the National Defense Authorization Act for Fiscal Year 2016 (
(3) Sections 1110 and 1643(a)(3) of the National Defense Authorization Act for Fiscal Year 2017 (
(4) Sections 559 and 1101 of the National Defense Authorization Act for Fiscal Year 2018 (
(Added
Editorial Notes
References in Text
Sections 1112 and 1113 of
Sections 1110 and 1643(a)(3) of
Sections 559 and 1101 of
Amendments
2023—Subsec. (a).
Subsec. (a)(12), (13).
Subsec. (a)(14).
Subsec. (b)(1).
2021—Subsec. (a)(11).
2019—Subsec. (a)(2).
Subsec. (a)(5) to (10).
Subsecs. (b), (c).
CHAPTER 101 —FEDERAL EMERGENCY MANAGEMENT AGENCY PERSONNEL
§10101. Definitions
For purposes of this chapter—
(1) the term "Agency" means the Federal Emergency Management Agency;
(2) the term "Administrator" means the Administrator of the Federal Emergency Management Agency;
(3) the term "appropriate committees of Congress" has the meaning given the term in section 602 of the Post-Katrina Emergency Management Reform Act of 2006;
(4) the term "Department" means the Department of Homeland Security; and
(5) the term "Surge Capacity Force" refers to the Surge Capacity Force, described under section 624 of the Post-Katrina Emergency Management Reform Act of 2006.
(Added
Editorial Notes
References in Text
Section 602 of the Post-Katrina Emergency Management Reform Act of 2006, referred to in par. (3), is classified to
Section 624 of the Post-Katrina Emergency Management Reform Act of 2006, referred to in par. (5), is classified to
Statutory Notes and Related Subsidiaries
Change of Name
Any reference to the Administrator of the Federal Emergency Management Agency in title VI of
§10102. Strategic human capital plan
(a)
(b)
(1) a workforce gap analysis, including an assessment of—
(A) the critical skills and competencies that will be needed in the workforce of the Agency to support the mission and responsibilities of, and effectively manage, the Agency during the 10-year period beginning on the date of enactment of this chapter;
(B) the skills and competencies of the workforce of the Agency on the day before the date of enactment of this chapter and projected trends in that workforce, based on expected losses due to retirement and other attrition; and
(C) the staffing levels of each category of employee, including gaps in the workforce of the Agency on the day before the date of enactment of this chapter and in the projected workforce of the Agency that should be addressed to ensure that the Agency has continued access to the critical skills and competencies described in subparagraph (A);
(2) a plan of action for developing and reshaping the workforce of the Agency to address the gaps in critical skills and competencies identified under paragraph (1)(C), including—
(A) specific recruitment and retention goals, including the use of the bonus authorities under this chapter as well as other bonus authorities (including the program objective of the Agency to be achieved through such goals);
(B) specific strategies for developing, training, deploying, compensating, and motivating and retaining the Agency workforce and its ability to fulfill the Agency's mission and responsibilities (including the program objectives of the Department and the Agency to be achieved through such strategies);
(C) specific strategies for recruiting individuals who have served in multiple State agencies with emergency management responsibilities; and
(D) specific strategies for the development, training, and coordinated and rapid deployment of the Surge Capacity Force; and
(3) a discussion that—
(A) details the number of employees of the Department not employed by the Agency serving in the Surge Capacity Force and the qualifications or credentials of such individuals;
(B) details the number of individuals not employed by the Department serving in the Surge Capacity Force and the qualifications or credentials of such individuals;
(C) describes the training given to the Surge Capacity Force during the calendar year preceding the year of submission of the plan under subsection (c);
(D) states whether the Surge Capacity Force is able to adequately prepare for, respond to, and recover from natural disasters, acts of terrorism, and other man-made disasters, including catastrophic incidents; and
(E) describes any additional authorities or resources necessary to address any deficiencies in the Surge Capacity Force.
(c)
(Added
Editorial Notes
References in Text
The date of enactment of this chapter, referred to in subsecs. (a) and (b)(1), is the date of enactment of
§10103. Career paths
(a)
(1) ensure that appropriate career paths for personnel of the Agency are identified, including the education, training, experience, and assignments necessary for career progression within the Agency; and
(2) publish information on the career paths described in paragraph (1).
(b)
(c)
(1) the need for such personnel to serve in career enhancing positions; and
(2) the need to require service in a position for a sufficient period of time to provide the stability necessary—
(A) to carry out the duties of that position; and
(B) for responsibility and accountability for actions taken in that position.
(Added
Editorial Notes
References in Text
Section 844 of the Homeland Security Act of 2002, referred to in subsec. (b), is classified to
§10104. Recruitment bonuses
(a)
(b)
(1)
(2)
(c)
(1) the period of service the individual shall be required to complete in return for the bonus; and
(2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination.
(d)
(1) a position to which an individual is appointed by the President, by and with the advice and consent of the Senate;
(2) a position in the Senior Executive Service as a noncareer appointee (as defined in section 3132(a)); or
(3) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character.
(e)
(f)
(1)
(2)
(A) the number and dollar amount of bonuses paid to individuals holding positions within each pay grade, pay level, or other pay classification; and
(B) a determination of the extent to which such bonuses furthered the purposes of this section.
(Added
Editorial Notes
References in Text
The date of enactment of this chapter, referred to in subsec. (e), is the date of enactment of
§10105. Retention bonuses
(a)
(1) the unusually high or unique qualifications of the employee or a special need of the Agency for the employee's services makes it essential to retain the employee; and
(2) the Administrator determines that, in the absence of such a bonus, the employee would be likely to leave—
(A) the Federal service; or
(B) for a different position in the Federal service.
(b)
(1) the period of service the individual shall be required to complete in return for the bonus; and
(2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination.
(c)
(1)
(2)
(d)
(1) may not be based on any period of service which is the basis for a recruitment bonus under section 10104;
(2) may not be paid to an individual who is appointed to or holds—
(A) a position to which an individual is appointed by the President, by and with the advice and consent of the Senate;
(B) a position in the Senior Executive Service as a noncareer appointee (as defined in section 3132(a)); or
(C) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character; and
(3) upon completion of the strategic human capital plan, shall be paid in accordance with that plan.
(e)
(f)
(1)
(2)
(A) the number and dollar amount of bonuses paid to individuals holding positions within each pay grade, pay level, or other pay classification; and
(B) a determination of the extent to which such bonuses furthered the purposes of this section.
(Added
Editorial Notes
References in Text
The date of enactment of this chapter, referred to in subsec. (e), is the date of enactment of
§10106. Quarterly report on vacancy rate in employee positions
(a)
(1)
(2)
(A) vacancies of each category of employee position;
(B) the number of applicants for each vacancy for which public notice has been given;
(C) the length of time that each vacancy has been pending;
(D) hiring-cycle time for each vacancy that has been filled; and
(E) a plan for reducing the hiring-cycle time and reducing the current and anticipated vacancies with highly-qualified personnel.
(b)
(Added
Editorial Notes
References in Text
The date of enactment of this chapter, referred to in subsecs. (a)(1) and (b), is the date of enactment of
CHAPTER 102 —UNITED STATES SECRET SERVICE UNIFORMED DIVISION PERSONNEL
§10201. Definitions
In this chapter—
(1) the term "member" means an employee of the United States Secret Service Uniformed Division having the authorities described under
(2) the term "Secretary" means the Secretary of the Department of Homeland Security; and
(3) the term "United States Secret Service Uniformed Division" has the meaning given that term under
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of first pay period which begins after Oct. 15, 2010, see section 5 of
Purpose
Miscellaneous Provisions
"(a)
"(1)
"(A)
"(B)
"(i)
| "Full Years of Creditable Service | Step Assigned Upon Conversion |
|---|---|
| 0 | 1 |
| 1 | 2 |
| 2 | 3 |
| 3 | 4 |
| 5 | 5 |
| 7 | 6 |
| 9 | 7 |
| 11 | 8 |
| 13 | 9 |
| 15 | 10 |
| 17 | 11 |
| 19 | 12 |
| 22 | 13 |
"(ii)
"(iii)
"(I)
"(aa) the rate of pay for step 13 under the new salary schedule; or
"(bb) the rate of pay for step 14 under the pay schedule in effect immediately before conversion.
"(II)
"(iv)
"(I)
"(II)
"(III)
"(2)
"(3)
"(b)
"(1)
"(A) the conversion of positions and members of the United States Secret Service Uniformed Division to appropriate ranks in the salary schedule set forth in this Act [see Short Title of 2010 Amendment note set out under
"(B) any adjustment of rates of basic pay of those positions and individuals in accordance with this Act and the amendments made by this Act which is made after such conversion shall be treated as an increase in the salary of individuals who are members of the United States Secret Service Uniformed Division on the date of the enactment of this Act.
"(2)
Inapplicability of District of Columbia Official Code Provisions
§10202. Authorities
(a)
(1) fix and adjust rates of basic pay for members of the United States Secret Service Uniformed Division, subject to the requirements of this chapter;
(2) determine what constitutes an acceptable level of competence for the purposes of section 10205;
(3) establish and determine the positions at the Officer and Sergeant ranks to be included as technician positions; and
(4) determine the rate of basic pay of a member who is changed or demoted to a lower rank, in accordance with section 10208.
(b)
(c)
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of first pay period which begins after Oct. 15, 2010, see section 5 of
§10203. Basic pay
(a)
| Rank | Step 1 | Step 2 | Step 3 | Step 4 | Step 5 | Step 6 | Step 7 | Step 8 | Step 9 | Step 10 | Step 11 | Step 12 | Step 13 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Officer | $44,000 | $46,640 | $49,280 | $51,920 | $54,560 | $57,200 | $59,840 | $62,480 | $65,120 | $67,760 | $70,400 | $73,040 | $75,680 |
| Sergeant | 59,708 | 62,744 | 65,780 | 68,816 | 71,852 | 74,888 | 77,924 | 80,960 | 83,996 | 87,032 | |||
| Lieutenant | 69,018 | 72,358 | 75,698 | 79,038 | 82,378 | 85,718 | 89,058 | 92,398 | 95,738 | ||||
| Captain | 79,594 | 83,268 | 86,942 | 90,616 | 94,290 | 97,964 | 101,638 | 105,312 | |||||
| Inspector | 91,533 | 95,758 | 99,983 | 104,208 | 108,433 | 112,658 | 116,883 | 121,108 | |||||
| Deputy Chief | |||||||||||||
| (12)The rate of basic pay for Deputy Chief positions will be equal to 95 percent of the rate of pay for level V of the Executive Schedule. | |||||||||||||
| Assistant Chief | |||||||||||||
| (12)The rate of basic pay 1 the Assistant Chief position will be equal to 95 percent of the rate of pay for level V of the Executive Schedule. | |||||||||||||
| Chief | |||||||||||||
| (12)The rate of basic pay 1 the Chief position will be equal to the rate of pay for level V of the Executive Schedule. |
1 So in original. Probably should be followed by "for".
(b)
(1)(A) Effective at the beginning of the first pay period commencing on or after the first day of the month in which an adjustment in the rates of basic pay under the General Schedule takes effect under section 5303 or other authority, the schedule of annual rates of basic pay of members (except the Deputy Chiefs, Assistant Chief and Chief) shall be adjusted by the Secretary by a percentage amount corresponding to the percentage adjustment made in the rates of pay under the General Schedule.
(B) The Secretary may establish a methodology of schedule adjustment that—
(i) results in uniform fixed-dollar step increments within any given rank; and
(ii) preserves the established percentage differences among rates of different ranks at the same step position.
(2) Notwithstanding paragraph (1), the payable annual rate of basic pay for positions at the Lieutenant, Captain, and Inspector ranks after adjustment under paragraph (1) may not exceed 95 percent of the rate of pay for level V of the Executive Schedule under subchapter II of
(3) Locality-based comparability payments authorized under section 5304 shall be applicable to the basic pay for all ranks under this section, except locality-based comparability payments may not be paid at a rate which, when added to the rate of basic pay otherwise payable to the member, would cause the total to exceed the rate of basic pay payable for level IV of the Executive Schedule.
(Added
Editorial Notes
References in Text
Levels IV and V of the Executive Schedule, referred to in subsecs. (a) and (b)(2), (3), are set out in sections 5315 and 5316, respectively, of this title.
The General Schedule, referred to in subsec. (b)(1)(A), is set out under
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of first pay period which begins after Oct. 15, 2010, see section 5 of
§10204. Rate of pay for original appointments
(a)
(b)
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of first pay period which begins after Oct. 15, 2010, see section 5 of
§10205. Service step adjustments
(a)
(b)
(1) Each member in service step 1, 2, or 3 shall be advanced successively to the next higher service step at the beginning of the first pay period immediately following the completion of 52 calendar weeks of active service in the member's service step.
(2) Each member in service step 4, 5, 6, 7, 8, 9, 10, or 11 shall be advanced successively to the next higher service step at the beginning of the first pay period immediately following the completion of 104 calendar weeks of active service in the member's service step.
(3) Each member in service step 12 shall be advanced successively to the next higher service step at the beginning of the first pay period immediately following the completion of 156 calendar weeks of active service in the member's service step.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of first pay period which begins after Oct. 15, 2010, see section 5 of
§10206. Technician positions
(a)
(2) A member described in this subsection shall receive the additional compensation authorized by this subsection until such time as the member's position is determined under section 10202(a)(3) not to be a technician position, or until the member no longer occupies such position, whichever occurs first.
(3) The additional compensation authorized by this subsection shall be paid to a member in the same manner and at the same time as the member's basic pay is paid.
(b)
(2) The additional compensation authorized by subsection (a)(1) shall not be considered as basic pay for the purposes of—
(A) section 5304; or
(B) section 7511(a)(4).
(3) The loss of the additional compensation authorized by subsection (a)(1) shall not constitute an adverse action for the purposes of section 7512.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of first pay period which begins after Oct. 15, 2010, see section 5 of
§10207. Promotions
(a)
(b)
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of first pay period which begins after Oct. 15, 2010, see section 5 of
§10208. Demotions
When a member is changed or demoted from any rank to a lower rank, the Secretary may fix the member's rate of basic pay at the rate of pay for any step in the lower rank which does not exceed the lowest step in the lower rank for which the rate of basic pay is equal to or greater than the member's existing rate of basic pay.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of first pay period which begins after Oct. 15, 2010, see section 5 of
§10209. Clothing allowances
(a)
(b)
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of first pay period which begins after Oct. 15, 2010, see section 5 of
§10210. Reporting requirement
Not later than 3 years after the date of the enactment of this chapter, the Secretary shall prepare and transmit to Congress a report on the operation of this chapter. The report shall include—
(1) an assessment of the effectiveness of this chapter with respect to efforts of the Secretary to recruit and retain well-qualified personnel; and
(2) recommendations for any legislation or administrative action which the Secretary considers appropriate.
(Added
Editorial Notes
References in Text
The date of the enactment of this chapter, referred to in text, is the date of enactment of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on first day of first pay period which begins after Oct. 15, 2010, see section 5 of
CHAPTER 103 —DEPARTMENT OF STATE
Editorial Notes
Amendments
2021—
§10301. Notice of employment opportunities for Department of State and USAID positions
To ensure that individuals who have separated from the Department of State or the United States Agency for International Development and who are eligible for reappointment are aware of such opportunities, the Department of State and the United States Agency for International Development shall publicize notice of all employment opportunities, including positions for which the relevant agency is accepting applications from individuals within the agency's workforce under merit promotion procedures, on publicly accessible sites, including www.usajobs.gov. If using merit promotion procedures, the notice shall expressly state that former employees eligible for reinstatement may apply.
(Added
§10302. Consulting services for the Department of State
Any consulting service obtained by the Department of State through procurement contract pursuant to
(Added