Sec. 501. Establishment of hiring authorities for the Office of the National Cyber Director
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Section 1752 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— in subsection (e)— in paragraph (1), by inserting and in accordance with paragraphs
(3)through
(7)of this subsection, after and classification laws, ; in paragraph (2), by inserting notwithstanding paragraphs
(3)through
(7)of this subsection, before employ experts ; by redesignating paragraphs
(3)through
(8)as paragraphs
(8)through (13), respectively; and by inserting after paragraph
(2)the following: establish, as positions in the excepted service, such qualified positions in the Office as the Director determines necessary to carry out the responsibilities of the Office, 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 paragraphs
(4)and (5), fix the compensation of an individual for service in a qualified position; fix the rates of basic pay for any qualified position established under paragraph
(3)in relation to the rates of pay provided for employees in comparable positions in the Office, in which the employee occupying the comparable position performs, manages, or supervises functions that execute the mission of the Office, and, subject to the same limitations on maximum rates of pay and consistent with section 5341 of title 5, United States Code, adopt such provisions of that title to provide for prevailing rate systems of basic pay and apply those provisions to qualified positions for employees in or under which the Office may employ individuals described by section 5342(a)(2)(A) of such title; employ an officer or employee of the United States or member of the Armed Forces detailed to the staff of the Office on a non-reimbursable basis— as jointly agreed to by the heads of the receiving and detailing elements, for a period not to exceed 3 years; which shall not be construed to limit any other source of authority for reimbursable or non-reimbursable details; and which shall not be considered an augmentation of the appropriations of the receiving element of the Office; 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, United States Code; and employees in a qualified position whose rate of basic pay is fixed under paragraph
(4)an allowance under section 5941 of title 5, United States Code, 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; establish a fellowship program to facilitate a talent exchange program between the private sector and the Office to arrange, with the agreement of a private sector organization and the consent of the employee, for the temporary assignment of an employee to the private sector organization, or from the private sector organization to the Office; ; and in subsection (g)— by redesignating paragraphs
(3)through
(6)as paragraphs
(4)through (7), respectively; by inserting after paragraph
(2)the following: The term excepted service has the meaning given that term in section 2103 of title 5, United States Code. ; and by adding at the end the following: The term preference eligible has the meaning given that term in section 2108(3) of title 5, United States Code. The term qualified position means a position, designated by the Director for the purpose of this section, in which the individual occupying such position performs, manages, or supervises functions that execute the responsibilities of the Office. .
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Sec. 501
Establishment of hiring authorities for the Office of the National Cyber Director
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