Sec. 1110. PILOT PROGRAM ON ENHANCED PERSONNEL MANAGEMENT SYSTEM FOR CYBSERSECURITY AND LEGAL PROFESSIONALS IN THE DEPARTMENT OF DEFENSE
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## SEC. 1110 PILOT PROGRAM ON ENHANCED PERSONNEL MANAGEMENT SYSTEM FOR CYBSERSECURITY AND LEGAL PROFESSIONALS IN THE DEPARTMENT OF DEFENSE **[**[10 U.S.C. 1580 note](/us/usc/t10/s1580)**]** ###
(a)Pilot Program Required The Secretary of Defense shall carry out within the Department of Defense a pilot program to assess the feasability and advisability of an enhanced personnel management system in accordance with this section for cybersecurity and legal professionals in the Department described in subsection
(b)who enter civilian service with the Department on or after January 1, 2020. ###
(b)Cybersecurity and Legal Professionals ####
(1)In general The cybersecurity and legal professionals described in this subsection are the following: #####
(A)Civilian cybersecurity professionals in the Department of Defense consisting of civilian personnel engaged in or directly supporting planning, commanding and controlling, training, developing, acquiring, modifying, and operating systems and capabilities, and military units and intelligence organizations (other than those funded by the National Intelligence Program) that are directly engaged in or used for offensive and defensive cyber and information warfare or intelligence activities in support thereof. #####
(B)Civilian legal professionals in the Department occupying legal or similar positions, as determined by the Secretary of Defense for purposes of the pilot program, that require eligibility to practice law in a State or territory of the United States. ####
(2)Inapplicability to ses positions The pilot program shall not apply to positions within the Senior Executive Service under subchapter VIII of chapter 53 of title 5, United States Code. ###
(c)Direct-appointment Authority ####
(1)Inapplicability of general civil service appointment authorities to appointments Under the pilot program, the Secretary of Defense, with respect to the Defense Agencies, and the Secretary of the military department concerned, with respect to the military departments, may appoint qualified candidates as cybersecurity and legal professionals without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code. ####
(2)Appointment on direct-hire basis Appointments under the pilot program shall be made on a direct-hire basis. ###
(d)Term Appointments ####
(1)Renewable term appointments Each individual shall serve with the Department of Defense as a cybersecurity or legal professional under the pilot program pursuant to an initial appointment to service with the Department for a term of not less than 2 years nor more than 8 years. Any term of appointment under the pilot program may be renewed for one or more additional terms of not less than 2 years nor more than 8 years as provided in subsection (h). ####
(2)Length of terms The length of the term of appointment to a position under the pilot program shall be prescribed by the Secretary of Defense taking into account the national security, mission, and other applicable requirements of the position. Positions having identical or similar requirements or terms may be grouped into categories for purposes of the pilot program. The Secretary may delegate any authority in this paragraph to a commissioned officer of the Armed Forces in pay grade O-7 or above or an employee in the Department in the Senior Executive Service. ###
(e)Nature of Service Under Appointments ####
(1)Treatment of personnel appointed as employees Except as otherwise provided by this section, individuals serving with the Department of Defense as cybersecurity or legal professionals under the pilot program pursuant to appointments under this section shall be considered employees (as specified in section 2105 of title 5, United States Code) for purposes of the provisions of title 5, United States Code, and other applicable provisions of law, including, in particular, for purposes as follows: #####
(A)Eligibility for participation in the Federal Employees’ Retirement System under chapter 84 of title 5, United States Code, subject to the provisions of section 8402 of such title and the regulations prescribed pursuant to such section. #####
(B)Eligibility for enrollment in a health benefits plan under chapter 89 of title 5, United States Code (commonly referred as the “Federal Employees Health Benefits Program”). #####
(C)Eligibility for and subject to the employment protections of subpart F of part III of title 5, United States Code, relating to merit principles and protections. #####
(D)Eligibility for the protections of chapter 81, of title 5, United States Code, relating to workers compensation. ####
(2)Scope of rights and benefits In administering the pilot program, the Secretary of Defense shall specify, and from time to time update, a comprehensive description of the rights and benefits of individuals serving with the Department under the pilot program pursuant to this subsection and of the provisions of law under which such rights and benefits arise. ###
(f)Compensation ####
(1)Basic pay Individuals serving with the Department of Defense as cybersecurity or legal professionals under the pilot program shall be paid basic pay for such service in accordance with a schedule of pay prescribed by the Secretary of Defense for purposes of the pilot program. ####
(2)Treatment as basic pay Basic pay payable under the pilot program shall be treated for all purposes as basic pay paid under the provisions of title 5, United States Code. ####
(3)Performance awards Individuals serving with the Department as cybersecurity or legal professionals under the pilot program may be awarded such performance awards for outstanding performance as the Secretary shall prescribe for purposes of the pilot program. The performance awards may include a monetary bonus, time off with pay, or such other awards as the Secretary considers appropriate for purposes of the pilot program. The award of performance awards under the pilot program shall be based in accordance with such policies and requirements as the Secretary shall prescribe for purposes of the pilot program. ####
(4)Additional compensation Individuals serving with the Department as cybersecurity or legal professionals under the pilot program may be awarded such additional compensation above basic pay as the Secretary (or the designees of the Secretary) consider appropriate in order to promote the recruitment and retention of highly skilled and productive cybersecurity and legal professionals to and with the Department. ###
(g)Probationary Period The following terms of appointment shall be treated as a probationary period under the pilot program: ####
(1)The first term of appointment of an individual to service with the Department of Defense as a cybersecurity or legal professional, regardless of length. ####
(2)The first term of appointment of an individual to a supervisory position in the Department as a cybersecurity or legal professional, regardless of length and regardless of whether or not such term of appointment to a supervisory position is the first term of appointment of the individual concerned to service with the Department as a cybersecurity or legal professional. ###
(h)Renewal of Appointments ####
(1)In general The Secretary of Defense shall prescribe the conditions for the renewal of appointments under the pilot program. The conditions may apply to one or more categories of positions, positions on a case-by-case basis, or both. ####
(2)Particular conditions In prescribing conditions for the renewal of appointments under the pilot program, the Secretary shall take into account the following (in the order specified): #####
(A)The necessity for the continuation of the position concerned based on mission requirements and other applicable justifications for the position. #####
(B)The service performance of the individual serving in the position concerned, with individuals with satisfactory or better performance afforded preference in renewal. #####
(C)Input from employees on conditions for renewal. #####
(D)Applicable private and public sector labor market conditions. ####
(3)Service performance The assessment of the service performance of an individual under the pilot program for purposes of paragraph (2)(B) shall consist of an assessment of the ability of the individual to effectively accomplish mission goals for the position concerned as determined by the supervisor or manager of the individual based on the individual’s performance evaluations and the knowledge of and review by such supervisor or manager (developed in consultation with the individual) of the individual’s performance in the position. An individual’s tenure of service in a position or the Department of Defense may not be the primary element of the assessment. ###
(i)Professional Development The pilot program shall provide for the professional development of individuals serving with the Department of Defense as cybersecurity and legal professionals under the pilot program in a manner that— ####
(1)creates opportunities for education, training, and career-broadening experiences, and for experimental opportunities in other organizations within and outside the Federal Government; and ####
(2)reflects the differentiated needs of personnel at different stages of their careers. ###
(j)Sabbaticals ####
(1)In general The pilot program shall provide for an individual who is in a successive term after the first 8 years with the Department of Defense as a cybersecurity or legal professional under the pilot program to take, at the election of the individual, a paid or unpaid sabbatical from service with the Department for professional development or education purposes. The length of a sabbatical shall be any length not less than 6 months nor more than 1 year (unless a different period is approved by the Secretary of the military department or head of the organization or element of the Department concerned for purposes of this subsection). The purpose of any sabbatical shall be subject to advance approval by the organization or element in the Department in which the individual is currently performing service. The taking of a sabbatical shall be contingent on the written agreement of the individual concerned to serve with the Department for an appropriate length of time at the conclusion of the term of appointment in which the sabbatical commences, with the period of such service to be in addition to the period of such term of appointment. ####
(2)Number of sabbaticals An individual may take more than one sabbatical under this subsection. ####
(3)Repayment Except as provided in paragraph (4), an individual who fails to satisfy a written agreement executed under paragraph
(1)with respect to a sabbatical shall repay the Department an amount equal to any pay, allowances, and other benefits received by the individual from the Department during the period of the sabbatical. ####
(4)Waiver of repayment An agreement under paragraph
(1)may include such conditions for the waiver of repayment otherwise required under paragraph
(3)for failure to satisfy such agreement as the Secretary specifies in such agreement. ###
(k)Regulations The Secretary of Defense shall administer the pilot program under regulations prescribed by the Secretary for purposes of the pilot program. ###
(l)Termination ####
(1)In general The authority of the Secretary of Defense to appoint individuals for service with the Department of Defense as cybersecurity or legal professionals under the pilot program shall expire on December 31, 2029. ####
(2)Effect on existing appointments The termination of authority in paragraph
(1)shall not be construed to terminate or otherwise affect any appointment made under this section before December 31, 2029, that remains valid as of that date. ###
(m)Implementation ####
(1)Interim final rule Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall prescribe an interim final rule to implement the pilot program. ####
(2)Final rule Not later than 180 days after prescribing the interim final rule under paragraph
(1)and considering public comments with respect to such interim final rule, the Secretary shall prescribe a final rule to implement the pilot program. ####
(3)Objectives The regulations prescribed under paragraphs
(1)and
(2)shall accomplish the objectives set forth in subsections
(a)through
(j)and otherwise ensure flexibility and expedited appointment of cybersecurity and legal professionals in the Department of Defense under the pilot program. ###
(n)Reports ####
(1)Reports required Not later than January 30 of each of 2022, 2025, and 2028, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the carrying out of the pilot program. Each report shall include the following: #####
(A)A description and assessment of the carrying out of the pilot program during the period since the commencement of the pilot program or the previous submittal of a report under this subsection, as applicable. #####
(B)A description and assessment of the successes in and impediments to carrying out the pilot program system during such period. #####
(C)Such recommendations as the Secretary considers appropriate for legislative action to improve the pilot program and to otherwise improve civilian personnel management of cybersecurity and legal professionals by the Department of Defense. #####
(D)In the case of the report submitted in 2028, an assessment and recommendations by the Secretary on whether to make the pilot program permanent. ####
(2)Appropriate committees of congress defined In this subsection, the term “appropriate committees of Congress” means— #####
(A)the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and #####
(B)the Committee on Armed Services and the Committee on Oversight and Government Reform of the House of Representatives.
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Sec. 1110
PILOT PROGRAM ON ENHANCED PERSONNEL MANAGEMENT SYSTEM FOR CYBSERSECURITY AND LEGAL PROFESSIONALS IN THE DEPARTMENT OF DEFENSE
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