Sec. 1104. United States Cyber Command workforce
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Chapter 81 of title 10, United States Code, is amended by adding at the end the following new section: The Secretary of Defense may— establish, as positions in the excepted service, such qualified positions in the Department as the Secretary determines necessary to carry out the responsibilities of the United States Cyber Command including— staff of the headquarters of the United States Cyber Command provided to the Command by the Air Force; elements of the United States Cyber Command enterprise relating to cyberspace operations; elements of the United States Cyber Command provided by the armed forces; and positions formerly identified as— senior level positions designated under section 5376 of title 5; and positions in the Senior Executive Service; appoint an individual to a qualified position (after taking into consideration the availability of preference eligibles for appointment to the position); and subject to the requirements of subsections
(b)and (c), fix the compensation of an individual for service in a qualified position. The authority of the Secretary under this subsection applies without regard to the provisions of any other law relating to the appointment, number, classification, or compensation of employees. In accordance with this section, the Secretary shall fix the rates of basic pay for any qualified position established under subsection (a)— in relation to the rates of pay provided for employees in comparable positions in the Department, in which the incumbent performs, manages, or supervises functions that execute the cyber mission of the Department; and subject to the same limitations on maximum rates of pay established for such employees by law or regulation. The Secretary may— consistent with section 5341 of title 5, adopt such provisions of that title as provide for prevailing rate systems of basic pay; and apply those provisions to qualified positions for employees in or under which the Department may employ individuals described by section 5342(a)(2)(A) of such title. The Secretary may provide employees in qualified positions compensation (in addition to basic pay), including benefits, incentives, and allowances, consistent with, and not in excess of the level authorized for, comparable positions authorized by title 5. An employee in a qualified position whose rate of basic pay is fixed under subsection (b)(1) shall be eligible for an allowance under section 5941 of title 5 on the same basis and to the same extent as if the employee was an employee covered by such section, including eligibility conditions, allowance rates, and all other terms and conditions in law or regulation. Not later than 120 days after the date of enactment of this section, the Secretary shall submit a report to the appropriate committees of Congress with a plan for the use of the authorities provided under this section. Nothing in subsection
(a)may be construed to impair the continued effectiveness of a collective bargaining agreement with respect to an office, component, subcomponent, or equivalent of the Department that is a successor to an office, component, subcomponent, or equivalent of the Department covered by the agreement before the succession. The Secretary, in coordination with the Director of the Office of Personnel Management, shall prescribe regulations for the administration of this section. Not later than one year after the date of the enactment of this section and not less frequently than once each year thereafter until the date that is five years after the date of the enactment of this section, the Director of the Office of Personnel Management, in coordination with the Secretary, shall submit to the appropriate committees of Congress a detailed report on the administration of this section during the most recent one-year period. Each report submitted under paragraph
(1)shall include, for the period covered by the report, the following: A discussion of the process used in accepting applications, assessing candidates, ensuring adherence to veterans’ preference, and selecting applicants for vacancies to be filled by an individual for a qualified position. A description of the following: How the Secretary plans to fulfill the critical need of the Department to recruit and retain employees in qualified positions. The measures that will be used to measure progress. Any actions taken during the reporting period to fulfill such critical need. A discussion of how the planning and actions taken under subparagraph
(B)are integrated into the strategic workforce planning of the Department. The metrics on actions occurring during the reporting period, including the following: The number of employees in qualified positions hired, disaggregated by occupation, grade, and level or pay band. The placement of employees in qualified positions, disaggregated by directorate and office within the Department. The total number of veterans hired. The number of separations of employees in qualified positions, disaggregated by occupation and grade and level or pay band. The number of retirements of employees in qualified positions, disaggregated by occupation, grade, and level or pay band. The number and amounts of recruitment, relocation, and retention incentives paid to employees in qualified positions, disaggregated by occupation, grade, and level or pay band. A description of the training provided to supervisors of employees in qualified positions at the Department on the use of the new authorities. The probationary period for all employees hired under the authority established in this section shall be three years. An individual serving in a position on the date of enactment of this section that is selected to be converted to a position in the excepted service under this section shall have the right to refuse such conversion. After the date on which an individual who refuses a conversion under paragraph
(1)stops serving in the position selected to be converted, the position may be converted to a position in the excepted service. In this section: The term appropriate committees of Congress means— the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives. The term collective bargaining agreement has the meaning given that term in section 7103(a)(8) of title 5. The term excepted service has the meaning given that term in section 2103 of title 5. The term preference eligible has the meaning given that term in section 2108 of title 5. The term qualified position means a position, designated by the Secretary for the purpose of this section, in which the incumbent performs, manages, or supervises functions that execute the responsibilities of the United States Cyber Command relating to cyber operations. The term Senior Executive Service has the meaning given that term in section 2101a of title 5. . Section 3132(a)(2) of title 5, United States Code, is amended in the matter following subparagraph (E)— in clause (ii), by striking or at the end; in clause (iii), by inserting or after the semicolon; and by inserting after clause
(iii)the following new clause: any position established as a qualified position in the excepted service by the Secretary of Defense under section 1599e of title 10; . The table of sections at the beginning of chapter 81 of title 10, United States Code, is amended by inserting after the item relating to section 1599d the following new item: 1599e. United States Cyber Command recruitment and retention. .