2012 US Code
Title 5 - Government Organization and Employees
Part III - EMPLOYEES (§§ 2101 - 10210)
Subpart I - Miscellaneous (§§ 9501 - 10210)
Chapter 99 - DEPARTMENT OF DEFENSE PERSONNEL AUTHORITIES (§§ 9901 - 9904)
Section 9903 - Attracting highly qualified experts
Publication Title | United States Code, 2012 Edition, Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart I - Miscellaneous CHAPTER 99 - DEPARTMENT OF DEFENSE PERSONNEL AUTHORITIES Sec. 9903 - Attracting highly qualified experts |
Contains | section 9903 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 108-136, div. A, title XI, §1101(a)(1), Nov. 24, 2003, 117 Stat. 1632; amended Pub. L. 112-81, div. A, title XI, §1105, Dec. 31, 2011, 125 Stat. 1612. |
Statutes at Large References | 117 Stat. 1632 124 Stat. 4382 125 Stat. 1612, 1618 126 Stat. 1973 |
Public Law References | Public Law 108-136, Public Law 110-372, Public Law 111-383, Public Law 112-81, Public Law 112-239 |
Download PDF
(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 section 101(a)(13) of title 10), allowances and any other payments authorized under chapter 59.
(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 section 104 of title 3. In computing an employee's total annual compensation for purposes of the preceding sentence, any payment referred to in paragraph (2)(B) shall be excluded.
(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 Pub. L. 108–136, div. A, title XI, §1101(a)(1), Nov. 24, 2003, 117 Stat. 1632; amended Pub. L. 112–81, div. A, title XI, §1105, Dec. 31, 2011, 125 Stat. 1612.)
Amendments2011—Subsec. (d)(2). Pub. L. 112–81, §1105(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “An employee appointed under this section is not eligible for any bonus, monetary award, or other monetary incentive for service except for payments authorized under this section.”
Subsec. (d)(3). Pub. L. 112–81, §1105(2), inserted at end “In computing an employee's total annual compensation for purposes of the preceding sentence, any payment referred to in paragraph (2)(B) shall be excluded.”
References to Maximum Rate Under 5 U.S.C. 5376For reference to maximum rate under section 5376 of this title, see section 2(d)(3) of Pub. L. 110–372, set out as an Effective Date of 2008 Amendment note under section 5376 of this title.
Policy on Senior MentorsPub. L. 112–239, div. A, title XI, §1105, Jan. 2, 2013, 126 Stat. 1973, provided that:
“(a)
“(b)
Pub. L. 112–81, div. A, title XI, §1124, Dec. 31, 2011, 125 Stat. 1618, provided that:
“(a)
“(b)
Pub. L. 111–383, div. A, title XI, §1102, Jan. 7, 2011, 124 Stat. 4382, provided that:
“(a)
“(1) hired as highly qualified experts under section 9903 of title 5, United States Code; and
“(2) required to comply with all applicable Federal laws and regulations on personnel and ethics matters.
“(b)
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.