10 USC 1599f – United States Cyber Command recruitment and retention
(a)
(A) establish, as positions in the excepted service, such qualified positions in the Department of Defense as the Secretary determines necessary to carry out the responsibilities of the United States Cyber Command, including—
(i) positions held by staff of the headquarters of the United States Cyber Command;
(ii) positions held by elements of the United States Cyber Command enterprise relating to cyberspace operations, including elements assigned to the Joint Task Force-Department of Defense Information Networks; and
(iii) positions held by elements of the military departments supporting the United States Cyber Command;
(B) appoint an individual to a qualified position (after taking into consideration the availability of preference eligibles for appointment to the position); and
(C) subject to the requirements of subsections (b) and (c), fix the compensation of an individual for service in a qualified position.
Terms Used In 10 USC 1599f
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
- Oversight: Committee review of the activities of a Federal agency or program.
- writing: includes printing and typewriting and reproductions of visual symbols by photographing, multigraphing, mimeographing, manifolding, or otherwise. See 1 USC 1
(2) 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.
(b)
(A) in relation to the rates of pay provided for employees in comparable positions in the Department, in which the employee occupying the comparable position performs, manages, or supervises functions that execute the cyber mission of the Department; and
(B) subject to the same limitations on maximum rates of pay established for such employees by law or regulation.
(2) The Secretary may—
(A) consistent with section 5341 of title 5, adopt such provisions of that title to provide for prevailing rate systems of basic pay; and
(B) 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.
(c)
(2) 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.
(d)
(1) An assessment of the current scope of the positions covered by the authority.
(2) A plan for the use of the authority.
(3) An assessment of the anticipated workforce needs of the United States Cyber Command across the future-years defense plan.
(4) Other matters as appropriate.
(e)
(f)
(2) For purposes of this subsection, covered personnel are employees of the Department who—
(A) carry out functions relating to—
(i) the management of human resources and the civilian workforce of the Department; or
(ii) the writing of guidance for the implementation of authorities regarding hiring and pay under this section; or
(B) are employed in supervisory positions or have responsibilities relating to the hiring of individuals for positions in the Department and to whom the Secretary intends to delegate authority under this section.
(g)
(h)
(2) Each report submitted under paragraph (1) shall include, for the period covered by the report, the following:
(A) 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.
(B) A description of the following:
(i) How the Secretary plans to fulfill the critical need of the Department to recruit and retain employees in qualified positions.
(ii) The measures that will be used to measure progress.
(iii) Any actions taken during the reporting period to fulfill such critical need.
(C) A discussion of how the planning and actions taken under subparagraph (B) are integrated into the strategic workforce planning of the Department.
(D) The metrics on actions occurring during the reporting period, including the following:
(i) The number of employees in qualified positions hired, disaggregated by occupation, grade, and level or pay band.
(ii) The placement of employees in qualified positions, disaggregated by military department, Defense Agency, or other component within the Department.
(iii) The total number of veterans hired.
(iv) The number of separations of employees in qualified positions, disaggregated by occupation and grade and level or pay band.
(v) The number of retirements of employees in qualified positions, disaggregated by occupation, grade, and level or pay band.
(vi) 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.
(E) A description of the training provided to employees described in subsection (f)(2) on the use of authorities under this section.
(i)
(j)
(2) 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.
(k)
(1) The term “appropriate committees of Congress” means—
(A) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives.
(2) The term “collective bargaining agreement” has the meaning given that term in section 7103(a)(8) of title 5.
(3) The term “excepted service” has the meaning given that term in section 2103 of title 5.
(4) The term “preference eligible” has the meaning given that term in section 2108(3) of title 5.
(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 the responsibilities of the United States Cyber Command relating to cyber operations.
(6) The term “Senior Executive Service” has the meaning given that term in section 2101a of title 5.