DEFENSE ADVANCED RESEARCH PROJECTS AGENCY EXPERIMENTAL PERSONNEL MANAGEMENT PROGRAM FOR TECHNICAL PERSONNEL.

SEC. 1101. DEFENSE ADVANCED RESEARCH PROJECTS AGENCY EXPERIMENTAL PERSONNEL MANAGEMENT PROGRAM FOR TECHNICAL PERSONNEL. (a) Program Authorized.— During the 5-year period beginning on the date of the enactment of this Act, the Secretary of Defense may carry out a program of experimental use of the special personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for research and development projects administered by the Defense Advanced Research Projects Agency. (b) Special Personnel Management Authority.— Under the program, the Secretary may— (1) appoint scientists and engineers from outside the civil service and uniformed services (as such terms are defined in section 2101 of title 5, United States Code) to not more than 20 scientific and engineering positions in the Defense Advanced Research Projects Agency without regard to any provision of title 5, United States Code, governing the appointment of employees in the civil service; (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 112 STAT. 2140level positions under section 5376 of title 5, United States Code, notwithstanding any provision of such 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 limit applicable to the employee under subsection (d)(1). (c) Limitation on Term of Appointment.— (1) Except as provided in paragraph (2), the service of an employee under an appointment under subsection (b)(1) may not exceed 4 years. (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 2 years if the Secretary determines that such action is necessary to promote the efficiency of the Defense Advanced Research Projects Agency. (d) Limitations on Additional Payments.— (1) The total amount of the additional payments paid to an employee under subsection (b)(3) for any 12-month period may not exceed the least of the following amounts: (A) $25,000. (B) The amount equal to 25 percent of the employee’s annual rate of basic pay. (C) The amount of the limitation that is applicable for a calendar year under section 5307(a)(1) of title 5, United States Code. (2) An employee appointed under subsection (b)(1) is not eligible for any bonus, monetary award, or other monetary incentive for service except for payments authorized under subsection (b)(3). (e) Period of Program.— (1) The program authorized under this section shall terminate at the end of the 5-year period referred to in subsection (a). (2) After the termination of the program— (A) no appointment may be made under paragraph (1) of subsection (b); (B) a rate of basic pay prescribed under paragraph (2) of that subsection may not take effect for a position; and (C) no period of service may be extended under subsection (c)(1). (f) Savings Provisions.— In the case of an employee who, on the day before the termination of the program, is serving in a position pursuant to an appointment under subsection (b)(1)— (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 paragraph (2) of that subsection before the termination of the program; and (2) the rate of basic pay prescribed for the position under subsection (b)(2) may not be reduced for so long (within the period applicable to the employee under paragraph (1)) as the employee continues to serve in the position without a break in service. (g) Annual Report.— (1) Not later than October 15 of each year, beginning in 1999 and ending in 2004, the Secretary of 112 STAT. 2141Defense shall submit a report on the program to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives. The report submitted in a year shall cover the 12-month period ending on the day before the anniversary, in that year, of the date of the enactment of this Act. (2) The annual report shall contain, for the period covered by the report, the following: (A) A detailed discussion of the exercise of authority under this section. (B) The sources from which individuals appointed under subsection (b)(1) were recruited. (C) The methodology used for identifying and selecting such individuals. (D) Any additional information that the Secretary considers helpful for assessing the utility of the authority under this section.