10 U.S.C. § 4092 — Personnel management authority to at-

Page 2652 TITLE 10—ARMED FORCES § 4092 Pub. L. 116–283, set out as a note preceding section 3001 of this title. § 4092. Personnel management authority to at- tract experts in science, engineering, and certain other disciplines (a) PROGRAMS AUTHORIZED.— (1) LABORATORIES OF THE MILITARY DEPART- MENTS.—The Secretary of Defense may carry out a program of personnel management au- thority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for such laboratories of the military departments as the Secretary shall designate for purposes of the program for research and development projects of such lab- oratories. (2) DARPA.—The Director of the Defense Ad- vanced Research Projects Agency may carry out a program of personnel management au- thority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for research and devel- opment projects and to enhance the adminis- tration and management of the Agency. (3) DOTE.—The Director of the Office of Operational Test and Evaluation may carry out a program of personnel management au- thority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering to support operational test and evaluation missions of the Office. (4) STRATEGIC CAPABILITIES OFFICE.—The Di- rector of the Strategic Capabilities Office may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for the Office. (5) DIU.—The Director of the Defense Inno- vation Unit may carry out a program of per- sonnel management authority provided in sub- section (b) in order to facilitate recruitment of eminent experts in science or engineering for the Unit. (6) JOINT ARTIFICIAL INTELLIGENCE.—The offi- cial designated under section 238(b) of the John S. McCain National Defense Authoriza- tion Act for Fiscal Year 2019 (Public Law 115–232) may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of emi- nent experts in science or engineering to sup- port the activities of such official under sec- tion 238 of such Act. The authority to carry out the program under this paragraph shall terminate on December 31, 2024. (7) NGA.—The Director of the National Geospatial-Intelligence Agency may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for research and development projects and to enhance the administration and management of the Agency. (8) SDA.—The Director of the Space Devel- opment Agency may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruit- ment of eminent experts in science or engi- neering for research and development projects and to enhance the administration and man- agement of the Agency. The authority to carry out the program under this paragraph shall terminate on December 31, 2030. (9) UNITED STATES CYBER COMMAND.—The Commander of United States Cyber Command may carry out a program of personnel man- agement authority provided in subsection (b) in order to facilitate the recruitment of emi- nent experts in computer science, data science, engineering, mathematics, and com- puter network exploitation within the head- quarters of United States Cyber Command and the Cyber National Mission Force. (10) OFFICE OF THE UNDER SECRETARY OF DE- FENSE FOR RESEARCH AND ENGINEERING.—The Under Secretary of Defense for Research and Engineering may carry out a program of per- sonnel management authority provided in sub- section (b) in order to facilitate recruitment of eminent experts in science or engineering for the Office of the Under Secretary. (11) OFFICE OF STRATEGIC CAPITAL.—The Di- rector of the Office of Strategic Capital may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in finance and investment for the Office. (b) PERSONNEL MANAGEMENT AUTHORITY.— Under a program under subsection (a), the offi- cial responsible for administration of the pro- gram may— (1) without regard to any provision of title 5 governing the appointment of employees in the civil service— (A) in the case of the laboratories of the military departments designated pursuant to subsection (a)(1), appoint scientists and engineers to a total of not more than 40 sci- entific and engineering positions in such lab- oratories; (B) in the case of the Defense Advanced Research Projects Agency, appoint individ- uals to a total of not more than 140 positions in the Agency; (C) in the case of the Office of Operational Test and Evaluation, appoint scientists and engineers to a total of not more than 10 sci- entific and engineering positions in the Of- fice; (D) in the case of the Strategic Capabili- ties Office, appoint scientists and engineers to a total of not more than 20 scientific and engineering positions in the Office, of which not more than 5 such positions may be posi- tions of administration or management of the Office; (E) in the case of the Defense Innovation Unit, appoint scientists and engineers to a total of not more than 35 scientific and engi- neering positions in the Unit, of which not more than 5 such positions may be positions of administration or management of the Unit; (F) in the case of the office of the official designated under section 238(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), appoint scientists and engineers to a total of not more than 5 scientific and engineering positions in support of the activities of such official under section 238 of such Act; Page 2653 TITLE 10—ARMED FORCES § 4092 (G) in the case of the National Geospatial- Intelligence Agency, appoint individuals to a total of not more than 7 positions in the Agency, of which not more than 2 such posi- tions may be positions of administration or management in the Agency; (H) in the case of the Space Development Agency, appoint individuals to a total of not more than 25 positions in the Agency, of which not more than 5 such positions may be positions of administration or management of the Agency; (I) in the case of United States Cyber Com- mand, appoint computer scientists, data sci- entists, engineers, mathematicians, and computer network exploitation specialists to a total of not more than 10 scientific and engineering positions in the Command; (J) in the case of the Office of the Under Secretary of Defense for Research and Engi- neering, appoint scientists and engineers to a total of not more than 10 scientific and en- gineering positions in the Office; and (K) in the case of the Office of Strategic Capital, appoint individuals to a total of not more than 30 positions in the Office; (2) notwithstanding any provision of title 5 governing the rates of pay or classification of employees in the executive branch, prescribe the rates of basic pay for positions to which employees are appointed under paragraph (1)— (A) in the case of employees appointed pur- suant to subparagraphs (B), (D), (E), (H), and (K) of paragraph (1), at a rate to be deter- mined by the head of the organization con- cerned up to 150 percent of the total annual compensation payable to the Vice President under section 104 of title 3; (B) in the case of employees appointed pur- suant to paragraph (1)(G), to any of 2 posi- tions of administration or management des- ignated by the Director of the National Geospatial-Intelligence Agency for purposes of this subparagraph; and (C) in the case of any other employee ap- pointed pursuant to paragraph (1), at rates not in excess of the maximum rate of basic pay authorized for senior-level positions under section 5376 of title 5; (3) pay any employee appointed under para- graph (1), other than an employee appointed to a position designated as described in para- graph (2)(A), payments in addition to basic pay within the limit applicable to the em- ployee under subsection (d); and (4) during any fiscal year— (A) pay up to 15 individuals newly ap- pointed pursuant to paragraph (1)(B) the travel, transportation, and relocation ex- penses and services described under sections 5724, 5724a, and 5724c of title 5; and (B) pay up to 15 individuals previously ap- pointed pursuant to such paragraph, upon separation, the travel, transportation, and relocation expenses and services described under such sections (as applicable). (c) LIMITATION ON TERM OF APPOINTMENT.— (1) IN GENERAL.—Except as provided in para- graph (2), the service of an employee under an appointment under subsection (b)(1) may not exceed four years. (2) EXTENSION.—The official responsible for the administration of a program under sub- section (a) may, in the case of a particular em- ployee under the program, extend the period to which service is limited under paragraph (1) by up to two years if the official determines that such action is necessary to promote the efficiency of a laboratory of a military depart- ment, the Defense Advanced Research Projects Agency, the Office of Operational Test and Evaluation, the Strategic Capabilities Office, the Defense Innovation Unit, the activities under section 238 of the John S. McCain Na- tional Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), the Space De- velopment Agency, or the National Geospatial-Intelligence Agency, as applicable. (d) MAXIMUM AMOUNT OF ADDITIONAL PAY- MENTS PAYABLE.—Notwithstanding any other provision of this section or section 5307 of title 5, no additional payments may be paid to an em- ployee under subsection (b)(3) in any calendar year if, or to the extent that, the employee’s total annual compensation in such calendar year will exceed the maximum amount of total annual compensation payable at the salary set in accordance with section 104 of title 3. (Added Pub. L. 114–328, div. A, title XI, § 1121(a)(1), Dec. 23, 2016, 130 Stat. 2451, § 1599h; amended Pub. L. 115–232, div. A, title XI, § 1111, Aug. 13, 2018, 132 Stat. 2011; Pub. L. 116–92, div. A, title II, § 212, title XI, § 1101, Dec. 20, 2019, 133 Stat. 1255, 1595; Pub. L. 116–260, div. W, title IV, § 402, Dec. 27, 2020, 134 Stat. 2377; Pub. L. 116–283, div. A, title XVI, § 1602, title XVII, § 1708(a), Jan. 1, 2021, 134 Stat. 4042, 4085; renumbered § 4092, Pub. L. 116–283, div. A, title XVIII, § 1843(a), as added Pub. L. 117–81, div. A, title XVII, § 1701(u)(4)(A), Dec. 27, 2021, 135 Stat. 2153; Pub. L. 117–81, div. A, title X, § 1081(a)(21), title XI, § 1107, Dec. 27, 2021, 135 Stat. 1920, 1951; Pub. L. 117–103, div. X, title IV, § 412, Mar. 15, 2022, 136 Stat. 976; Pub. L. 117–263, div. A, title II, §§ 212(a), 213, title XI, § 1109, Dec. 23, 2022, 136 Stat. 2466, 2471, 2819; Pub. L. 118–31, div. A, title II, § 213, title XVIII, § 1801(a)(33), Dec. 22, 2023, 137 Stat. 183, 685; Pub. L. 118–159, div. A, title II, § 216, Dec. 23, 2024, 138 Stat. 1825.) Editorial Notes REFERENCES IN TEXT Section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, referred to in subsecs. (a)(6), (b)(1)(F), and (c)(2), is section 238 of Pub. L. 115–232, which is set out as a note preceding section 4061 of this title. AMENDMENTS 2024—Pub. L. 118–159, § 216(1), substituted ‘‘science, en- gineering, and certain other disciplines’’ for ‘‘science and engineering’’ in section catchline. Subsec. (a)(11). Pub. L. 118–159, § 216(2), added par. (11). Subsec. (b)(1)(D). Pub. L. 118–159, § 216(3)(A)(i), sub- stituted ‘‘20 scientific and engineering positions in the Office, of which not more than 5 such positions may be positions of administration or management of the Of- fice’’ for ‘‘5 scientific and engineering positions in the Office’’. Subsec. (b)(1)(E). Pub. L. 118–159, § 216(3)(A)(ii), sub- stituted ‘‘35 scientific and engineering positions in the Unit, of which not more than 5 such positions may be Page 2654 TITLE 10—ARMED FORCES § 4092 positions of administration or management of the Unit’’ for ‘‘5 scientific and engineering positions in the Unit’’. Subsec. (b)(1)(H). Pub. L. 118–159, § 216(3)(A)(iii), sub- stituted ‘‘25’’ for ‘‘15’’. Subsec. (b)(1)(K). Pub. L. 118–159, § 216(3)(A)(iv)–(vi), added subpar. (K). Subsec. (b)(2)(A). Pub. L. 118–159, § 216(3)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘in the case of employees appointed pursuant to subparagraphs (B) and (H) of paragraph (1)— ‘‘(i) to any of the 5 positions designated by the Di- rector of the Defense Advanced Research Projects Agency and any of the 5 positions designated by the Director of the Space Development Agency for pur- poses of this clause, at rates not in excess of a rate equal to 150 percent of the maximum rate of basic pay authorized for positions at Level I of the Executive Schedule under section 5312 of title 5; and ‘‘(ii) to any other position designated by the Direc- tor of the Defense Advanced Research Projects Agen- cy or the Director of the Space Development Agency for purposes of this clause, at rates not in excess of the maximum amount of total annual compensation payable at the salary set in accordance with section 104 of title 3;’’. 2023—Subsec. (b)(1)(B). Pub. L. 118–31, § 213(1), struck out ‘‘, of which not more than 5 such positions may be positions of administration or management of the Agency’’ before semicolon at end. Subsec. (b)(4). Pub. L. 118–31, § 213(2), amended par. (4) generally. Prior to amendment, par. (4) read as follows: ‘‘during any fiscal year, pay up to 15 individuals newly appointed pursuant to paragraph (1)(B) the travel, transportation, and relocation expenses and services described under sections 5724, 5724a, and 5724c of title 5.’’ Subsec. (c)(2). Pub. L. 118–31, § 1801(a)(33), substituted ‘‘the activities’’ for ‘‘the the activities’’. 2022—Subsec. (a)(6). Pub. L. 117–263, § 212(a)(1), in heading, struck out ‘‘center’’ after ‘‘intelligence’’, and in text, substituted ‘‘official designated under section 238(b) of the John S. McCain National Defense Author- ization Act for Fiscal Year 2019 (Public Law 115–232)’’ for ‘‘Director of the Joint Artificial Intelligence Cen- ter’’ and ‘‘to support the activities of such official under section 238 of such Act’’ for ‘‘for the Center’’. Subsec. (a)(8). Pub. L. 117–263, § 1109(1), substituted ‘‘December 31, 2030’’ for ‘‘December 31, 2025’’. Subsec. (a)(10). Pub. L. 117–263, § 213(1), added par. (10). Subsec. (b)(1)(F). Pub. L. 117–263, § 212(a)(2), sub- stituted ‘‘office of the official designated under section 238(b) of the John S. McCain National Defense Author- ization Act for Fiscal Year 2019 (Public Law 115–232)’’ for ‘‘Joint Artificial Intelligence Center’’ and ‘‘in sup- port of the activities of such official under section 238 of such Act’’ for ‘‘in the Center’’. Subsec. (b)(1)(H). Pub. L. 117–263, § 1109(2)(A), sub- stituted ‘‘15 positions’’ for ‘‘10 positions’’ and ‘‘5 such positions’’ for ‘‘3 such positions’’. Subsec. (b)(1)(J). Pub. L. 117–263, § 213(2), added sub- par. (J). Subsec. (b)(2)(A). Pub. L. 117–263, § 1109(2)(B)(i), sub- stituted ‘‘subparagraphs (B) and (H) of paragraph (1)’’ for ‘‘paragraph (1)(B)’’ in introductory provisions. Subsec. (b)(2)(A)(i). Pub. L. 117–263, § 1109(2)(B)(ii), substituted ‘‘to any of the’’ for ‘‘to any of’’ and inserted ‘‘and any of the 5 positions designated by the Director of the Space Development Agency’’ after ‘‘Projects Agency’’. Subsec. (b)(2)(A)(ii). Pub. L. 117–263, § 1109(2)(B)(iii), substituted ‘‘the Director of the Defense Advanced Re- search Projects Agency or the Director of the Space Development Agency’’ for ‘‘the Director’’. Subsec. (b)(2)(B), (C). Pub. L. 117–103 added subpar. (B) and redesignated former subpar. (B) as (C). Subsec. (c)(2). Pub. L. 117–263, § 1109(3), which directed amendment of par. (2) by inserting ‘‘the Space Develop- ment Agency,’’ after ‘‘Intelligence Center,’’, was exe- cuted by making the insertion after ‘‘the activities under section 238 of the John S. McCain National De- fense Authorization Act for Fiscal Year 2019 (Public Law 115–232),’’ to reflect the probable intent of Con- gress and the intervening amendment by Pub. L. 117–263, § 212(a)(3). See below. Pub. L. 117–263, § 212(a)(3), substituted ‘‘the activities under section 238 of the John S. McCain National De- fense Authorization Act for Fiscal Year 2019 (Public Law 115–232)’’ for ‘‘Joint Artificial Intelligence Cen- ter’’. 2021—Pub. L. 116–283, § 1843(a), as added by Pub. L. 117–81, § 1701(u)(4)(A), renumbered section 1599h of this title as this section. Subsec. (a)(7). Pub. L. 117–81, § 1081(a)(21)(A), redesig- nated second par. (7), relating to the Space Develop- ment Agency, as (8). Former par. (8) redesignated (9). Pub. L. 116–283, § 1602(a), added par. (7) relating to the Space Development Agency. Subsec. (a)(8). Pub. L. 116–283, § 1708(a)(1), added par. (8). Subsec. (a)(9). Pub. L. 117–81, § 1081(a)(21)(A), redesig- nated par. (8) as (9). Subsec. (b)(1)(G). Pub. L. 117–81, § 1081(a)(21)(B), redes- ignated second subpar. (G), relating to the Space Devel- opment Agency, as (H). Former subpar. (H) redesig- nated (I). Pub. L. 116–283, § 1602(b), added subpar. (G) relating to the Space Development Agency. Similar conforming amendments to subsec. (b)(1)(E) and (F) were made by Pub. L. 116–260 and Pub. L. 116–283. Text of subsec. (b)(1)(E) reflects amendment made by Pub. L. 116–283. Subsec. (b)(1)(H). Pub. L. 116–283, § 1708(a)(2), added subpar. (H). Conforming amendment inserting ‘‘and’’ at end of subpar. (G) was executed to the second subpar. (G) to reflect the probable intent of Congress. Subsec. (b)(1)(I). Pub. L. 117–81, § 1081(a)(21)(B), redes- ignated subpar. (H) as (I). Subsec. (b)(2)(A). Pub. L. 117–81, § 1107(1)(A), added subpar. (A) and struck out former subpar. (A) which read as follows: ‘‘in the case of employees appointed pursuant to paragraph (1)(B) to any of 5 positions des- ignated by the Director of the Defense Advanced Re- search Projects Agency for purposes of this subpara- graph, at rates not in excess of a rate equal to 150 per- cent of the maximum rate of basic pay authorized for positions at Level I of the Executive Schedule under section 5312 of title 5; and’’. Subsec. (b)(4). Pub. L. 117–81, § 1107(1)(B)–(3), added par. (4). 2020—Subsec. (a)(7). Pub. L. 116–260, § 402(1), added par. (7) relating to the National Geospatial-Intelligence Agency. Subsec. (b)(1)(G). Pub. L. 116–260, § 402(2), added sub- par. (G) relating to the National Geospatial-Intel- ligence Agency. Subsec. (c)(2). Pub. L. 116–260, § 402(3), substituted ‘‘the Joint Artificial Intelligence Center, or the Na- tional Geospatial-Intelligence Agency’’ for ‘‘or the Joint Artificial Intelligence Center’’. 2019—Subsec. (a)(5). Pub. L. 116–92, § 212(d)(1), sub- stituted ‘‘DIU’’ for ‘‘DIUX’’ in heading and struck out ‘‘Experimental’’ after ‘‘Innovation Unit’’. Subsec. (a)(6). Pub. L. 116–92, § 212(a), added par. (6). Subsec. (b)(1)(B). Pub. L. 116–92, § 1101, substituted ‘‘140 positions’’ for ‘‘100 positions’’. Subsec. (b)(1)(E). Pub. L. 116–92, § 212(d)(2), struck out ‘‘Experimental’’ after ‘‘Innovation Unit’’. Subsec. (b)(1)(F). Pub. L. 116–92, § 212(b), added subpar. (F). Subsec. (c)(2). Pub. L. 116–92, § 212(c), substituted ‘‘the Defense Innovation Unit, or the Joint Artificial Intel- ligence Center’’ for ‘‘or the Defense Innovation Unit Experimental’’. 2018—Subsec. (a)(4), (5). Pub. L. 115–232, § 1111(a), added pars. (4) and (5). Subsec. (b)(1)(D), (E). Pub. L. 115–232, § 1111(b), added subpars. (D) and (E). Subsec. (c)(2). Pub. L. 115–232, § 1111(c), substituted ‘‘the Office of Operational Test and Evaluation, the Page 2655 TITLE 10—ARMED FORCES § 4093 Strategic Capabilities Office, or the Defense Innovation Unit Experimental’’ for ‘‘or the Office of Operational Test and Evaluation’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable as if in- cluded in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by section 1843(a) of Pub. L. 116–283 effec- tive Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note pre- ceding section 3001 of this title. PROGRAM TO DEVELOP ACCESSES, DISCOVER VULNERABILITIES, AND ENGINEER CYBER TOOLS AND DEVELOP TACTICS, TECHNIQUES, AND PROCEDURES FOR OFFENSIVE CYBER OPERATIONS Pub. L. 116–283, div. A, title XVII, § 1708(b), Jan. 1, 2021, 134 Stat. 4085, provided that: ‘‘(1) IN GENERAL.—Pursuant to the authority provided under section 1599h(a)(8) of title 10, United States Code, as added by subsection (a), [now 10 U.S.C. 4092(a)(9)] the Commander of United States Cyber Command shall es- tablish a program or augment an existing program within the Command to develop accesses, discover vulnerabilities, and engineer cyber tools and develop tactics, techniques, and procedures for the use of these assets and capabilities in offensive cyber operations. ‘‘(2) ELEMENTS.—The program or augmented program required by paragraph (1) shall— ‘‘(A) develop accesses, discover vulnerabilities, and engineer cyber tools and develop tactics, techniques, and procedures fit for Department of Defense mili- tary operations in cyberspace, such as reliability, meeting short development and operational timelines, low cost, and expendability; ‘‘(B) aim to decrease the reliance of Cyber Com- mand on accesses, tools, and expertise provided by the intelligence community; ‘‘(C) be designed to provide technical and oper- ational expertise on par with that of programs of the intelligence community; ‘‘(D) enable the Commander to attract and retain expertise resident in the private sector and other technologically elite government organizations; and ‘‘(E) coordinate development activities with, and, as appropriate, facilitate transition of capabilities from, the Defense Advanced Research Projects Agen- cy, the Strategic Capabilities Office, and components within the intelligence community. ‘‘(3) INTELLIGENCE COMMUNITY DEFINED.—In this sub- section, the term ‘intelligence community’ has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).’’ GUIDANCE AND DIRECTION ON USE OF DIRECT HIRING PROCESSES FOR ARTIFICIAL INTELLIGENCE PROFES- SIONALS AND OTHER DATA SCIENCE AND SOFTWARE DEVELOPMENT PERSONNEL Pub. L. 116–283, div. A, title XVII, § 1751, Jan. 1, 2021, 134 Stat. 4143, provided that: ‘‘(a) GUIDANCE REQUIRED.—Not later than 180 days after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall review applicable Department of Defense guidance and where beneficial issue new guidance to the secretaries of the military departments and the heads of the defense components on improved use of the direct hiring processes for arti- ficial intelligence professionals and other data science and software development personnel. ‘‘(b) OBJECTIVE.—The objective of the guidance issued under subsection (a) shall be to ensure that organiza- tional leaders assume greater responsibility for the re- sults of civilian hiring of artificial intelligence profes- sionals and other data science and software develop- ment personnel. ‘‘(c) CONTENTS OF GUIDANCE.—At a minimum, the guidance required by subsection (a) shall— ‘‘(1) instruct human resources professionals and hir- ing authorities to utilize available direct hiring au- thorities (including excepted service authorities) for the hiring of artificial intelligence professionals and other data science and software development per- sonnel, to the maximum extent practicable; ‘‘(2) instruct hiring authorities, when using direct hiring authorities, to prioritize utilization of panels of subject matter experts over human resources pro- fessionals to assess applicant qualifications and de- termine which applicants are best qualified for a po- sition; ‘‘(3) authorize and encourage the use of ePortfolio reviews to provide insight into the previous work of applicants as a tangible demonstration of capabilities and contribute to the assessment of applicant quali- fications by subject matter experts; and ‘‘(4) encourage the use of referral bonuses for re- cruitment and hiring of highly qualified artificial in- telligence professionals and other data science and software development personnel in accordance with volume 451 of Department of Defense Instruction 1400.25. ‘‘(d) REPORT.— ‘‘(1) IN GENERAL.—Not later than one year after the date on which the guidance is issued under subsection (a), the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a re- port on the guidance issued pursuant to subsection (a). ‘‘(2) CONTENTS.—At a minimum, the report sub- mitted under paragraph (1) shall address the fol- lowing: ‘‘(A) The objectives of the guidance and the man- ner in which the guidance seeks to achieve those objectives. ‘‘(B) The effect of the guidance on the hiring proc- ess for artificial intelligence professionals and other data science and software development per- sonnel, including the effect on— ‘‘(i) hiring time; ‘‘(ii) the use of direct hiring authority; ‘‘(iii) the use of subject matter experts; and ‘‘(iv) the quality of new hires, as assessed by hiring managers and organizational leaders.’’ APPLICABILITY OF PERSONNEL MANAGEMENT AUTHORITY TO PERSONNEL CURRENTLY EMPLOYED UNDER SUPER- SEDED AUTHORITY Pub. L. 114–328, div. A, title XI, § 1121(c), Dec. 23, 2016, 130 Stat. 2452, provided that: ‘‘(1) IN GENERAL.—Any individual employed as of the date of the enactment of this Act [Dec. 23, 2016] under section 1101(b)(1) of the Strom Thurmond National De- fense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note) (as in effect on the day before such date) shall remain employed under section 1599h of title 10, United States Code [now 10 U.S.C. 4092] (as added by subsection (a)), after such date in accordance with such section 1599h [now 4092] and the applicable program car- ried out under such section 1599h [now 4092]. ‘‘(2) DATE OF APPOINTMENT.—For purposes of sub- section (c) of section 1599h of title 10, United States Code [now 10 U.S.C. 4092(c)] (as so added), the date of the appointment of any employee who remains em- ployed as described in paragraph (1) shall be the date of the appointment of such employee under section 1101(b)(1) of the Strom Thurmond National Defense Au- thorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note) (as so in effect).’’ § 4093. Science, Mathematics, and Research for Transformation (SMART) Defense Education Program (a) REQUIREMENT FOR PROGRAM.—The Sec- retary of Defense shall carry out a program to