Appointment of highly qualified experts to Bureau of Industry and Security

(a)

In general

The Under Secretary of Commerce for Industry and Security, in order to attract to the Bureau of Industry and Security highly qualified experts in needed occupations (as determined by the Under Secretary), may—(1)conduct an annual study to identify specific gaps in uncommon, special knowledge, skills, and expertise at the Bureau that have been difficult to fill through the civil service and constrain the Bureau’s ability to effectively fulfil the Bureau’s mandate;(2)notwithstanding any provision of section 3304 or sections 3309 through 3318 of title 5, United States Code, appoint personnel from outside the civil service (as defined in section 2101 of title 5, United States Code) that have the expertise identified pursuant to paragraph (1) to positions in the Bureau; and(3)prescribe the rates of basic pay for positions to which employees are appointed under paragraph (2) at rates not in excess of the maximum rate of basic pay authorized for senior-level positions under section 5376 of title 5, United States Code, as increased by locality-based comparability payments under section 5304 of that title, notwithstanding any provision of that title governing the rates of pay or classification of employees in the executive branch.(b)

Limitation on term of appointment

The service of an employee under an appointment made pursuant to subsection (a) may not exceed 5 years.(c)

Limitation on total annual compensation

Notwithstanding any other provision of this section or of section 5307 of title 5, United States Code, no additional payments may be paid to an employee appointed under subsection (a) in any calendar year if, or to the extent that, the total annual compensation of the employee will exceed the maximum amount of total annual compensation payable to the Vice President under section 104 of title 3, United States Code.(d)

Limitation on number of employees

The number of employees appointed and retained by the Under Secretary under subsection (a) shall not exceed 25 at any time.(e)

Report required

(1)

In general

Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Under Secretary shall submit to the committees specified in paragraph (2) a report that includes—(A)a list of areas in which the Under Secretary has identified specific gaps in expertise pursuant to subsection (a)(1);(B)a description of the steps taken by the Under Secretary to appoint personnel with expertise in such areas from within the civil service during the period specified in paragraph (3);(C)the number of individuals appointed to the Bureau of Industry and Security under the authority provided by this section during the period specified in paragraph (3);(D)a description of the qualifications of such individuals and their responsibilities during that period;(E)a description of the impact of such individuals on carrying out the mission of the Bureau of Industry and Security; and(F)an assessment of the long-term staffing needs of the Bureau of Industry and Security pertaining to export controls, including those needs identified in the course of carrying out this section.(2)

Committees specified

The committees specified in this paragraph are—(A)the Committee on Banking, Housing, and Urban Affairs and the Committee on Homeland Security and Governmental Affairs of the Senate; and(B)the Committee on Oversight and Government Reform and the Committee on Foreign Affairs of the House of Representatives.(3)

Period specified

The period specified in this paragraph is—(A)in the case of the first report required by paragraph (1), the 180-day period preceding submission of the report; and (B) in the case of any subsequent report required by paragraph (1), the 1-year period preceding submission of the report. (f)

Rule of construction

Nothing in this section shall be construed to waive any requirement regarding—(1)background investigations or qualifications of applicants to positions with the Bureau of Industry and Security; or(2)compliance with applicable Federal ethics and conflict-of-interest statutes and regulations.(g)

Termination

(1)

In general

The authority provided by this section shall cease to be effective on the date that is 5 years after the date of the enactment of this section.(2)

Savings provisions

In the case of an employee who, on the day before the termination date under paragraph (1), is serving in a position pursuant to an appointment under subsection (a)—(A)the termination of the authority does not terminate the employee's employment in that position before the expiration of the lesser of—(i)the period for which the employee was appointed; or(ii)the period to which the employee's service is limited under subsection (b), including any extension made under paragraph (2) of that subsection before the termination of the authority; and(B)the rate of basic pay prescribed for the position may not be reduced as long as the employee continues to serve in the position without a break in service.