Sec. 1101. Authority to establish excepted service positions for army law enforcement activities
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Chapter 747 of title 10, United States Code, is amended by adding at the end the following new section: Consistent with paragraph (2), and without regard to the provisions of any other law relating to the appointment, number, classification, or compensation of employees, the Secretary of Defense may— establish, as positions in the excepted service, such qualified positions in Army Law Enforcement Activities as the Secretary determines necessary to carry out the investigative responsibilities of such activities; appoint an individual to a qualified position (after taking into consideration the availability of preference eligibles for appointment to the position); and subject to subsections
(b)and (c), fix the compensation of an individual in a qualified position. The authority of the Secretary under this section may not be used until on or after the date that each requirement of section 548 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ) has been met. The Secretary shall— consistent with section 5341 of title 5, adopt such provisions of that title to provide for prevailing rate systems of basic pay; and apply those provisions for purposes of establishing rates of basic pay for qualified positions. 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. The authority granted in subsection
(a)shall become effective 90 days after the date on which the Secretary provides to the congressional defense committees a plan for implementation of such authority. The plan shall include the following: An assessment of the current scope of the positions covered by the authority. A plan for the use of the authority. Other matters as appropriate. The Secretary, in coordination with the Director of the Office of Personnel Management, shall prescribe regulations for the administration of this section. The probationary period for all employees hired under the authority established in this section shall be one year. An individual occupying a position on the date of the 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 Army Law Enforcement Activities means the Army Criminal Investigation Command (or any successor organization) and any other Department of Army organization engaged primarily in law enforcement, security, or investigative responsibilities as designated by the Secretary of Defense. 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 individual occupying such position performs, manages, or supervises functions that execute law enforcement, security, or investigative responsibilities. .
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Sec. 1101
Authority to establish excepted service positions for army law enforcement activities
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