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10 U.S.C. § 4121 — Science and technology reinvention laboratories: authority and designation
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) The Secretary of Defense may carry out personnel demonstration projects at Department of Defense laboratories designated by the Secretary as Department of Defense science and technology reinvention laboratories.
(2)
(A) Each personnel demonstration project carried out under the authority of paragraph (1) shall be generally similar in nature to the China Lake demonstration project.
(B) For purposes of subparagraph (A), the China Lake demonstration project is the demonstration project that is authorized by section 6 of the Civil Service Miscellaneous Amendments Act of 1983 (Public Law 98–224) to be continued at the Naval Weapons Center, China Lake, California, and at the Naval Ocean Systems Center, San Diego, California.
(3) If the Secretary carries out a demonstration project at a laboratory pursuant to paragraph (1), [section 4703 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4703&num=0&edition=prelim) shall apply to the demonstration project, except that—
(A) subsection (d) of such section 4703 shall not apply to the demonstration project;
(B) the authority of the Secretary to carry out the demonstration project is that which is provided in paragraph (1) rather than the authority which is provided in such section 4703; and
(C) the Secretary shall exercise the authorities granted to the Office of Personnel Management under such section 4703 through the Under Secretary of Defense for Research and Engineering (who shall place an emphasis in the exercise of such authorities on enhancing efficient operations of the laboratory and who may, in exercising such authorities, request administrative support from science and technology reinvention laboratories to review, research, and adjudicate per
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Source file: Laws/federal/codes/united-states-code/title-10/section-4121-science-and-technology-reinvention-laboratories-authority-and-designatio--841ee2ab52.md
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Source location: Title 10, Chapter 303, § 4121; chapter-303-research-and-engineering-activities.md
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**(a) In General.—**
(1) The Secretary of Defense may carry out personnel demonstration projects at Department of Defense laboratories designated by the Secretary as Department of Defense science and technology reinvention laboratories.
(2)
(A) Each personnel demonstration project carried out under the authority of paragraph (1) shall be generally similar in nature to the China Lake demonstration project.
(B) For purposes of subparagraph (A), the China Lake demonstration project is the demonstration project that is authorized by section 6 of the Civil Service Miscellaneous Amendments Act of 1983 (Public Law 98–224) to be continued at the Naval Weapons Center, China Lake, California, and at the Naval Ocean Systems Center, San Diego, California.
(3) If the Secretary carries out a demonstration project at a laboratory pursuant to paragraph (1), [section 4703 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4703&num=0&edition=prelim) shall apply to the demonstration project, except that—
(A) subsection (d) of such section 4703 shall not apply to the demonstration project;
(B) the authority of the Secretary to carry out the demonstration project is that which is provided in paragraph (1) rather than the authority which is provided in such section 4703; and
(C) the Secretary shall exercise the authorities granted to the Office of Personnel Management under such section 4703 through the Under Secretary of Defense for Research and Engineering (who shall place an emphasis in the exercise of such authorities on enhancing efficient operations of the laboratory and who may, in exercising such authorities, request administrative support from science and technology reinvention laboratories to review, research, and adjudicate personnel demonstration project proposals).
(4) The employees of a laboratory covered by a personnel demonstration project carried out under this section shall be exempt from, and may not be counted for the purposes of, any constraint or limitation in a statute or regulation in terms of supervisory ratios or maximum number of employees in any specific category or categories of employment that may otherwise be applicable to the employees. The employees shall be managed by the director of the laboratory subject to the supervision of the Under Secretary of Defense for Research and Engineering.
(5) The limitations in [section 5373 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5373&num=0&edition=prelim) do not apply to the authority of the Secretary under this subsection to prescribe salary schedules and other related benefits.
**(b) Designation of Laboratories.—** Each of the following is hereby designated as a Department of Defense science and technology reinvention laboratory as described in subsection (a):
(1) The Air Force Research Laboratory.
(2) The Joint Warfare Analysis Center.
(3) The Army Research Institute for the Behavioral and Social Sciences.
(4) The Combat Capabilities Development Command Armaments Center.
(5) The Combat Capabilities Development Command Army Research Laboratory.
(6) The Combat Capabilities Development Command Aviation and Missile Center.
(7) The Combat Capabilities Development Command Chemical Biological Center.
(8) The Combat Capabilities Development Command Command, Control, Communications, Computers, Cyber, Intelligence, Surveillance, and Reconnaissance Center.
(9) The Combat Capabilities Development Command Ground Vehicle Systems Center.
(10) The Combat Capabilities Development Command Soldier Center.
(11) The Engineer Research and Development Center.
(12) The Medical Research and Development Command.
(13) The Technical Center, US Army Space and Missile Defense Command.
(14) The Naval Air Systems Command Warfare Centers.
(15) The Naval Facilities Engineering Command Engineering and Expeditionary Warfare Center.
(16) The Naval Information Warfare Centers, Atlantic and Pacific.
(17) The Naval Medical Research Center.
(18) The Naval Research Laboratory.
(19) The Naval Sea Systems Command Warfare Centers.
(20) The Office of Naval Research.
**(c) Conversion Procedures.—** The Secretary of Defense shall implement procedures to convert the civilian personnel of each Department of Defense science and technology reinvention laboratory, as so designated by subsection (b), to the personnel system under an appropriate demonstration project (as referred to in subsection (a)). Any conversion under this subsection—
(1) shall not adversely affect any employee with respect to pay or any other term or condition of employment;
(2) shall be consistent with [section 4703(f) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4703/f&num=0&edition=prelim);
(3) shall be completed within 18 months after designation; and
(4) shall not apply to prevailing rate employees (as defined by [section 5342(a)(2) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5342/a/2&num=0&edition=prelim)) or senior executives (as defined by section 3132(a)(3) of such title).
**(d) Limitation.—** The science and technology reinvention laboratories, as so designated by subsection (a), may not implement any personnel system, other than a personnel system under an appropriate demonstration project (as referred to subsection (a)), without prior congressional authorization.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in this section, the Office of Personnel Management may, directly or through agreement or contract with one or more agencies and other public and private organizations, conduct and evaluate demonstration projects. Subject to the provisions of this section, the conducting of demonstration projects shall not be limited by any lack of specific authority under this title to take the action contemplated, or by any provision of this title or any rule or regulation prescribed under this title which is inconsistent with the action, including any law or regulation relating to—
(1) the methods of establishing qualification requirements for, recruitment for, and appointment to positions;
(2) the methods of classifying positions and compensating employees;
(3) the methods of assigning, reassigning, or promoting employees;
(4) the methods of disciplining employees;
(5) the methods of providing incentives to employees, including the provision of group or individual incentive bonuses or pay;
(6) the hours of work per day or per week;
(7) the methods of involving employees, labor organizations, and employee organizations in personnel decisions; and
(8) the methods of reducing overall agency staff and grade levels.
**(b)** Before conducting or entering into any agreement or contract to conduct a demonstration project, the Office shall—
(1) develop a plan for such project which identifies—
(A) the purposes of the project;
(B) the types of employees or eligibles, categorized by occupational series, grade, or organizational unit;
(C) the number of employees or eligibles to be included, in the aggregate and by category;
(D) the methodology;
(E) the duration;
(F) the training to be provided;
(G) the anticipated costs;
(H) the metho
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 4703
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Department of Defense is an executive department of the United States.
**(b)** The Department is composed of the following:
(1) The Office of the Secretary of Defense.
(2) The Joint Chiefs of Staff.
(3) The Joint Staff.
(4) The Defense Agencies.
(5) Department of Defense Field Activities.
(6) The Department of the Army.
(7) The Department of the Navy.
(8) The Department of the Air Force.
(9) The unified and specified combatant commands.
(10) Such other offices, agencies, activities, and commands as may be established or designated by law or by the President.
(11) All offices, agencies, activities, and commands under the control or supervision of any element named in paragraphs (1) through (10).
**(c)** If the President establishes or designates an office, agency, activity, or command in the Department of Defense of a kind other than those described in paragraphs (1) through (9) of subsection (b), the President shall notify Congress not later than 60 days thereafter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 111
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (b) and by the Government Employees Salary Reform Act of 1964 (78 Stat. 400) and notwithstanding the provisions of other statutes, the head of an Executive agency or military department who is authorized to fix by administrative action the annual rate of basic pay for a position or employee may not fix the rate at more than the rate for level IV of the Executive Schedule. This section does not impair the authorities provided by—
(1) sections 248, 482, 1766, and 1819 of title 12, section 206 of the Bank Conservation Act, sections 2B(b) 11 See References in Text note below. and 21A(e)(4) 1 of the Federal Home Loan Bank Act, section 2A(i) 1 of the Home Owners’ Loan Act, and sections 5.11 and 5.58 of the Farm Credit Act of 1971;
(2) [section 831b of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section831b&num=0&edition=prelim);
(3) sections 403a–403c, 403e–403h, and 403j of title 50; 1 or
(4) 22 So in original. Two pars. (4) have been enacted. section 4802.
(4) 2 section 2(a)(7) of the Commodity Exchange Act ([7 U.S.C. 2(a)(7)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2/a/7&num=0&edition=prelim)).
**(b)** Subsection (a) shall not affect the authority of the Secretary of Defense or the Secretary of a military department to fix the pay of a civilian employee paid from nonappropriated funds, except that the annual rate of basic pay (including any portion of such pay attributable to comparability with private-sector pay in a locality) of such an employee may not be fixed at a rate greater than the rate for level III of the Executive Schedule.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5373
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to Make Direct Appointments.—**
(1) **Candidates for scientific and engineering positions at science and technology reinvention laboratories.—** — The director of any Science and Technology Reinvention Laboratory (hereinafter in this section referred to as an “STRL”) may appoint qualified candidates possessing a bachelor’s or advanced degree to positions described in paragraph (1) of subsection (b) as an employee in a laboratory described in that paragraph without regard to the provisions of subchapter I of chapter 33 of title 5 (other than sections 3303 and 3328 of such title).
(2) **Veteran candidates for similar positions at research and engineering facilities.—** — The director of any STRL may appoint qualified veteran candidates to positions described in paragraph (2) of subsection (b) as an employee at a laboratory, agency, or organization specified in that paragraph without regard to the provisions of subchapter I of chapter 33 of title 5.
(3) **Students enrolled in scientific and engineering programs.—** — The director of any STRL may appoint qualified candidates enrolled in a program of undergraduate or graduate instruction leading to a bachelor’s or an advanced degree in a scientific, technical, engineering or mathematical course of study at an institution of higher education (as that term is defined in sections 101 and 102 of the Higher Education Act of 1965 ([20 U.S.C. 1001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim), 1002)) to positions described in paragraph (3) of subsection (b) as an employee in a laboratory described in that paragraph without regard to the provisions of subchapter I of chapter 33 of title 5 (other than sections 3303 and 3328 of such title).
(4) **Noncompetit
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4091
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** The Secretary of Defense or the Secretary of a military department may engage in basic research, applied research, advanced research, and development projects that—
(1) are necessary to the responsibilities of such Secretary’s department in the field of research and development; and
(2) either—
(A) relate to weapon systems and other military needs; or
(B) are of potential interest to the Department of Defense.
**(b) Authorized Means.—** The Secretary of Defense or the Secretary of a military department may perform research and development projects—
(1) by contract, cooperative agreement, or grant, in accordance with chapter 63 of title 31;
(2) through one or more military departments;
(3) by using employees and consultants of the Department of Defense;
(4) by mutual agreement with the head of any other department or agency of the Federal Government;
(5) by transactions (other than contracts, cooperative agreements, and grants) entered into pursuant to section 4021 or 4022 of this title; or
(6) by purchases through procurement for experimental purposes pursuant to [section 4023 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4023&num=0&edition=prelim).
**(c) Requirement of Potential Department of Defense Interest.—** Funds appropriated to the Department of Defense or to a military department may not be used to finance any research project or study unless the project or study is, in the opinion of the Secretary of Defense or the Secretary of that military department, respectively, of potential interest to the Department of Defense or to such military department, respectively.
**(d) Additional Provisions Applicable to Cooperative Agreements.—** Additional authorities, conditions, and requiremen
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program Required.—**
(1) The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall carry out a program under which the Secretary shall establish the panels described in subsection (b) and direct such panels—
(A) to review and make recommendations to the Secretary with respect to—
(i) existing policies and practices affecting the science and technology reinvention laboratories to improve the mission effectiveness of such laboratories;
(ii) new initiatives proposed by the science and technology reinvention laboratories; and
(iii) new interpretations of existing provisions of law that would enhance the ability of a director of a science and technology reinvention laboratory to manage the laboratory and discharge the mission of the laboratory;
(B) to support implementation of current and future initiatives affecting the science and technology reinvention laboratories; and
(C) to conduct assessments or data analysis on the effectiveness of the authorities granted to the science and technology reinvention laboratories and such other issues as the Secretary determines to be appropriate.
(2) The program carried out pursuant to paragraph (1) shall be known as the “Laboratory Quality Enhancement Program”.
**(b) Panels.—** The panels described in this subsection are the following:
(1) A panel on personnel, workforce development, and talent management.
(2) A panel on facilities, equipment, and infrastructure.
(3) A panel on research strategy, technology transfer, and industry and university partnerships.
(4) A panel on governance and oversight processes.
**(c) Composition of Panels.—**
(1) Each panel described in paragraphs (1) through (3) of subsection (b) may be composed of subject matter and
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4128
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Secretary of Defense shall establish a Manufacturing Technology Program to further the national security objectives of [section 4811(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4811/a&num=0&edition=prelim) through the development and application of advanced manufacturing technologies and processes that will reduce the acquisition and supportability costs of defense weapon systems and reduce manufacturing and repair cycle times across the life cycles of such systems. The Secretary shall use the joint planning process of the directors of the Department of Defense laboratories in establishing the program. The Under Secretary of Defense for Research and Engineering shall administer the program.
**(b) Purpose of Program.—** The Secretary of Defense shall use the program—
(1) to provide centralized guidance and direction (including goals, milestones, and priorities) to the military departments and the Defense Agencies on all matters relating to manufacturing technology;
(2) to direct the development and implementation of Department of Defense plans, programs, projects, activities, and policies that promote the development and application of advanced technologies to manufacturing processes, tools, and equipment;
(3) to improve the manufacturing quality, productivity, technology, and practices of businesses and workers providing goods and services to the Department of Defense;
(4) to focus Department of Defense support for the development and application of advanced manufacturing technologies and processes for use to meet manufacturing requirements that are essential to the national defense, as well as for repair and remanufacturing in support of the operations of systems commands, depots, air lo
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4841
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Performance Management and Workforce Incentives.—**
(1) The Secretary, in coordination with the Director, shall promulgate regulations providing for the following:
(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 chapter 43 (other than sections 4302 and 4303(e)) and the regulations implementing such chapter, to the extent necessary to achieve the objectives of this subsection.
(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) T
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 9902
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Federal law — U.S. Code and appendices · legal_authorities
Page 2659
TITLE 10—ARMED FORCES
§ 4121
Secretary of Defense for Research and Engi-
neering, in concurrence with the Secretaries
of the military departments concerned, au-
thorizes the transfer of positions from one
military department to another.
(3) TERM
OF
POSITIONS.—The authority in
subsection (a) may be used only for positions
having a term of less than five years.
(f) SCIENCE AND TECHNOLOGY REINVENTION LAB-
ORATORIES OF THE DEPARTMENT OF DEFENSE DE-
FINED.—In this section, the term ‘‘science and
technology reinvention laboratories of the De-
partment of Defense’’ means the laboratories
designated as science and technology reinven-
tion laboratories by section 4121(b) of this title.
(Added Pub. L. 117–263, div. A, title XI, § 1106(a),
Dec. 23, 2022, 136 Stat. 2817.)
Editorial Notes
CODIFICATION
Another section 4094, added Pub. L. 116–283, div. A,
title XI, § 1115(a), Jan. 1, 2021, 134 Stat. 3895, § 2358c; re-
numbered § 4094 and amended Pub. L. 117–81, div. A,
title II, § 215(d)(14), title XVII, § 1701(e)(3)(A), Dec. 27,
2021, 135 Stat. 1595, 2138, which related to enhanced pay
authority for certain research and technology positions
in science and technology reinvention laboratories and
was substantially identical to this section, was re-
pealed by Pub. L. 118–31, div. A, title XVIII, § 1801(a)(32),
Dec. 22, 2023, 137 Stat. 685.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 117–263, div. A, title XI, § 1106(c), Dec. 23, 2022,
136 Stat. 2818, provided that: ‘‘This section [enacting
this section] shall take effect immediately after sec-
tion 881 of this Act [section 881(a) and (b) of Pub. L.
117–263, set out as notes under section 4027 of this
title].’’
SUBCHAPTER III—RESEARCH AND
DEVELOPMENT CENTERS AND FACILITIES
Editorial
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4121
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.