610 1 on which all projects that received an award from the 2 Fund are completed the Technology Modernization 3 Board and all the authorities of subsection c shall 4 terminate 8 TITLE XI--CIVILIAN PERSONNEL MATTERS Subtitle A--Department of Defense Matters 9 SEC 1101 PILOT PROGRAM ON ENHANCED PERSONNEL 10 MANAGEMENT SYSTEM FOR CYBERSECURITY 11 AND LEGAL PROFESSIONALS IN THE DEPART- 12 MENT OF DEFENSE 5 6 7 13 a PILOT PROGRAM REQUIRED --The Secretary of 14 Defense shall carry out within the Department of Defense 15 a pilot program to assess the feasability and advisability 16 of an enhanced personnel management system in accord17 ance with this section for cybersecurity and legal profes18 sionals in the Department described in subsection b who 19 enter civilian service with the Department on or after Janu20 ary 1 2020 21 22 b CYBERSECURITY AND LEGAL PROFESSIONALS -- 1 IN GENERAL --The cybersecurity and legal 23 professionals described in this subsection are the fol- 24 lowing HR 2810 PAP 611 1 A Civilian cybersecurity professionals in 2 the Department of Defense consisting of civilian 3 personnel engaged in or directly supporting 4 planning commanding and controlling train- 5 ing developing acquiring modifying and oper- 6 ating systems and capabilities and military 7 units and intelligence organizations other than 8 those funded by the National Intelligence Pro- 9 gram that are directly engaged in or used for 10 offensive and defensive cyber and information 11 warfare or intelligence activities in support 12 thereof 13 B Civilian legal professionals in the De- 14 partment occupying legal or similar positions 15 as determined by the Secretary of Defense for 16 purposes of the pilot program that require eligi- 17 bility to practice law in a State or territory of 18 the United States 19 2 INAPPLICABILITY TO SES POSITIONS --The 20 pilot program shall not apply to positions within the 21 Senior Executive Service under subchapter VIII of 22 chapter 53 of title 5 United States Code 23 c DIRECT-APPOINTMENT AUTHORITY -- 24 25 1 INAPPLICABILITY APPOINTMENT HR 2810 PAP OF GENERAL CIVIL SERVICE AUTHORITIES TO APPOINTMENTS -- 612 1 Under the pilot program the Secretary of Defense 2 with respect to the Defense Agencies and the Sec- 3 retary of the military department concerned with re- 4 spect to the military departments may appoint 5 qualified candidates as cybersecurity and legal profes- 6 sionals without regard to the provisions of subchapter 7 I of chapter 33 of title 5 United States Code 8 9 2 APPOINTMENT ON DIRECT-HIRE BASIS --Ap- pointments under the pilot program shall be made on 10 a direct-hire basis 11 d TERM APPOINTMENTS -- 12 1 RENEWABLE TERM APPOINTMENTS --Each 13 individual shall serve with the Department of Defense 14 as a cybersecurity or legal professional under the pilot 15 program pursuant to an initial appointment to serv- 16 ice with the Department for a term of not less than 17 2 years nor more than 8 years Any term of appoint- 18 ment under the pilot program may be renewed for one 19 or more additional terms of not less than 2 years nor 20 more than 8 years as provided in subsection h 21 2 LENGTH OF TERMS --The length of the term 22 of appointment to a position under the pilot program 23 shall be prescribed by the Secretary of Defense taking 24 into account the national security mission and other 25 applicable requirements of the position Positions hav- HR 2810 PAP 613 1 ing identical or similar requirements or terms may be 2 grouped into categories for purposes of the pilot pro- 3 gram The Secretary may delegate any authority in 4 this paragraph to a commissioned officer of the 5 Armed Forces in pay grade O-7 or above or an em- 6 ployee in the Department in the Senior Executive 7 Service 8 e NATURE OF SERVICE UNDER APPOINTMENTS -- 9 1 TREATMENT OF PERSONNEL APPOINTED AS 10 ''EMPLOYEES'' --Except as otherwise provided by this 11 section individuals serving with the Department of 12 Defense as cybersecurity or legal professionals under 13 the pilot program pursuant to appointments under 14 this section shall be considered employees as specified 15 in section 2105 of title 5 United States Code for 16 purposes of the provisions of title 5 United States 17 Code and other applicable provisions of law includ- 18 ing in particular for purposes as follows 19 A Eligibility for participation in the Fed- 20 eral Employees' Retirement System under chap- 21 ter 84 of title 5 United States Code subject to 22 the provisions of section 8402 of such title and 23 the regulations prescribed pursuant to such sec- 24 tion HR 2810 PAP 614 1 B Eligibility for enrollment in a health 2 benefits plan under chapter 89 of title 5 United 3 States Code commonly referred as the ''Federal 4 Employees Health Benefits Program'' 5 C Eligibility for and subject to the em- 6 ployment protections of subpart F of part III of 7 title 5 United States Code relating to merit 8 principles and protections 9 D Eligibility for the protections of chapter 10 81 of title 5 United States Code relating to 11 workers compensation 12 2 SCOPE OF RIGHTS AND BENEFITS --In ad- 13 ministering the pilot program the Secretary of De- 14 fense shall specify and from time to time update a 15 comprehensive description of the rights and benefits of 16 individuals serving with the Department under the 17 pilot program pursuant to this subsection and of the 18 provisions of law under which such rights and bene- 19 fits arise 20 f COMPENSATION -- 21 1 BASIC PAY --Individuals serving with the 22 Department of Defense as cybersecurity or legal pro- 23 fessionals under the pilot program shall be paid basic 24 pay for such service in accordance with a schedule of HR 2810 PAP 615 1 pay prescribed by the Secretary of Defense for pur- 2 poses of the pilot program 3 2 TREATMENT AS BASIC PAY --Basic pay pay- 4 able under the pilot program shall be treated for all 5 purposes as basic pay paid under the provisions of 6 title 5 United States Code 7 3 PERFORMANCE AWARDS --Individuals serv- 8 ing with the Department as cybersecurity or legal 9 professionals under the pilot program may be award- 10 ed such performance awards for outstanding perform- 11 ance as the Secretary shall prescribe for purposes of 12 the pilot program The performance awards may in- 13 clude a monetary bonus time off with pay or such 14 other awards as the Secretary considers appropriate 15 for purposes of the pilot program The award of per- 16 formance awards under the pilot program shall based 17 in accordance with such policies and requirements as 18 the Secretary shall prescribe for purposes of the pilot 19 program 20 4 ADDITIONAL COMPENSATION --Individuals 21 serving with the Department as cybersecurity or legal 22 professionals under the pilot program may be award- 23 ed such additional compensation above basic pay as 24 the Secretary or the designees of the Secretary con- 25 sider appropriate in order to promote the recruitment HR 2810 PAP 616 1 and retention of highly skilled and productive cyberse- 2 curity and legal professionals to and with the Depart- 3 ment 4 g PROBATIONARY PERIOD --The following terms of 5 appointment shall be treated as a probationary period 6 under the pilot program 7 1 The first term of appointment of an indi- 8 vidual to service with the Department of Defense as 9 a cybersecurity or legal professional regardless of 10 length 11 2 The first term of appointment of an indi- 12 vidual to a supervisory position in the Department as 13 a cybersecurity or legal professional regardless of 14 length and regardless of whether or not such term of 15 appointment to a supervisory position is the first 16 term of appointment of the individual concerned to 17 service with the Department as a cybersecurity or 18 legal professional 19 h RENEWAL OF APPOINTMENTS -- 20 1 IN GENERAL --The Secretary of Defense shall 21 prescribe the conditions for the renewal of appoint- 22 ments under the pilot program The conditions may 23 apply to one or more categories of positions positions 24 on a case-by-case basis or both HR 2810 PAP 617 1 2 PARTICULAR CONDITIONS --In prescribing 2 conditions for the renewal of appointments under the 3 pilot program the Secretary shall take into account 4 the following in the order specified 5 A The necessity for the continuation of the 6 position concerned based on mission require- 7 ments and other applicable justifications for the 8 position 9 B The service performance of the indi- 10 vidual serving in the position concerned with 11 individuals with satisfactory or better perform- 12 ance afforded preference in renewal 13 14 C Input from employees on conditions for renewal 15 D Applicable private and public sector 16 labor market conditions 17 3 SERVICE PERFORMANCE --The assessment of 18 the service performance of an individual under the 19 pilot program for purposes of paragraph 2 B shall 20 consist of an assessment of the ability of the indi- 21 vidual to effectively accomplish mission goals for the 22 position concerned as determined by the supervisor or 23 manager of the individual based on the individual's 24 performance evaluations and the knowledge of and re- 25 view by such supervisor or manager developed in HR 2810 PAP 618 1 consultation with the individual of the individual's 2 performance in the position An individual's tenure of 3 service in a position or the Department of Defense 4 may not be the primary element of the assessment 5 i PROFESSIONAL DEVELOPMENT --The pilot pro- 6 gram shall provide for the professional development of indi7 viduals serving with the Department of Defense as cyberse8 curity and legal professionals under the pilot program in 9 a manner that-- 10 1 creates opportunities for education training 11 and career-broadening experiences and for experi- 12 mental opportunities in other organizations within 13 and outside the Federal Government and 14 2 reflects the differentiated needs of personnel 15 at different stages of their careers 16 j SABBATICALS -- 17 1 IN GENERAL --The pilot program shall pro- 18 vide for an individual who is in a successive term 19 after the first 8 years with the Department of Defense 20 as a cybersecurity or legal professional under the pilot 21 program to take at the election of the individual a 22 paid or unpaid sabbatical from service with the De- 23 partment for professional development or education 24 purposes The length of a sabbatical shall be any 25 length not less than 6 months nor more than 1 year HR 2810 PAP 619 1 unless a different period is approved by the Sec- 2 retary of the military department or head of the orga- 3 nization or element of the Department concerned for 4 purposes of this subsection The purpose of any sab- 5 batical shall be subject to advance approval by the or- 6 ganization or element in the Department in which the 7 individual is currently performing service The taking 8 of a sabbatical shall be contingent on the written 9 agreement of the individual concerned to serve with 10 the Department for an appropriate length of time at 11 the conclusion of the term of appointment in which 12 the sabbatical commences with the period of such 13 service to be in addition to the period of such term 14 of appointment 15 2 NUMBER OF SABBATICALS --An individual 16 may take more than one sabbatical under this sub- 17 section 18 3 REPAYMENT --Except as provided in para- 19 graph 4 an individual who fails to satisfy a writ- 20 ten agreement executed under paragraph 1 with re- 21 spect to a sabbatical shall repay the Department an 22 amount equal to any pay allowances and other bene- 23 fits received by the individual from the Department 24 during the period of the sabbatical HR 2810 PAP 620 1 4 WAIVER OF REPAYMENT --An agreement 2 under paragraph 1 may include such conditions for 3 the waiver of repayment otherwise required under 4 paragraph 3 for failure to satisfy such agreement as 5 the Secretary specifies in such agreement 6 k REGULATIONS --The Secretary of Defense shall ad- 7 minister the pilot program under regulations prescribed by 8 the Secretary for purposes of the pilot program 9 10 l TERMINATION -- 1 IN GENERAL --The authority of the Secretary 11 of Defense to appoint individuals for service with the 12 Department of Defense as cybersecurity or legal pro- 13 fessionals under the pilot program shall expire on De- 14 cember 31 2029 15 2 EFFECT ON EXISTING APPOINTMENTS --The 16 termination of authority in paragraph 1 shall not 17 be construed to terminate or otherwise affect any ap- 18 pointment made under this section before December 19 31 2029 that remains valid as of that date 20 m IMPLEMENTATION -- 21 1 INTERIM FINAL RULE --Not later than one 22 year after the date of the enactment of this Act the 23 Secretary of Defense shall prescribe an interim final 24 rule to implement the pilot program HR 2810 PAP 621 1 2 FINAL RULE --Not later than 180 days after 2 prescribing the interim final rule under paragraph 3 1 and considering public comments with respect to 4 such interim final rule the Secretary shall prescribe 5 a final rule to implement the pilot program 6 3 OBJECTIVES --The regulations prescribed 7 under paragraphs 1 and 2 shall accomplish the 8 objectives set forth in subsections a through j and 9 otherwise ensure flexibility and expedited appoint- 10 ment of cybersecurity and legal professionals in the 11 Department of Defense under the pilot program 12 n REPORTS -- 13 1 REPORTS REQUIRED --Not later than Janu- 14 ary 30 of each of 2022 2025 and 2028 the Secretary 15 of Defense shall submit to the appropriate committees 16 of Congress a report on the carrying out of the pilot 17 program Each report shall include the following 18 A A description and assessment of the car- 19 rying out of the pilot program during the period 20 since the commencement of the pilot program or 21 the previous submittal of a report under this 22 subsection as applicable 23 B A description and assessment of the suc- 24 cesses in and impediments to carrying out the 25 pilot program system during such period HR 2810 PAP 622 1 C Such recommendations as the Secretary 2 considers appropriate for legislative action to 3 improve the pilot program and to otherwise im- 4 prove civilian personnel management of cyberse- 5 curity and legal professionals by the Department 6 of Defense 7 D In the case of the report submitted in 8 2028 an assessment and recommendations by 9 the Secretary on whether to make the pilot pro- 10 gram permanent 11 2 APPROPRIATE COMMITTEES OF CONGRESS 12 DEFINED --In 13 committees of Congress'' means-- this subsection the term ''appropriate 14 A the Committee on Armed Services and 15 the Committee on Homeland Security and Gov- 16 ernmental Affairs of the Senate and 17 B the Committee on Armed Services and 18 the Committee on Oversight and Government Re- 19 form of the House of Representatives HR 2810 PAP 623 1 SEC 1102 INCLUSION OF STRATEGIC CAPABILITIES OFFICE 2 AND DEFENSE INNOVATION UNIT EXPERI- 3 MENTAL OF THE DEPARTMENT OF DEFENSE 4 IN PERSONNEL MANAGEMENT AUTHORITY TO 5 ATTRACT EXPERTS IN SCIENCE AND ENGI- 6 NEERING 7 a IN GENERAL --Subsection a of section 1599h of 8 title 10 United States Code is amended by adding at the 9 end the following new paragraphs 10 '' 4 STRATEGIC CAPABILITIES OFFICE --The Di- 11 rector of the Strategic Capabilities Office may carry 12 out a program of personnel management authority 13 provided in subsection b in order to facilitate re- 14 cruitment of eminent experts in science or engineering 15 for the Office 16 '' 5 DIUx --The Director of the Defense Innova- 17 tion Unit Experimental may carry out a program of 18 personnel management authority provided in sub- 19 section b in order to facilitate recruitment of emi- 20 nent experts in science or engineering for the Unit '' 21 b SCOPE OF APPOINTMENT AUTHORITY --Subsection 22 b 1 of such section is amended-- 23 24 25 26 1 in subparagraph B by striking ''and'' at the end and 2 by adding at the end the following new subparagraphs HR 2810 PAP 624 1 '' D in the case of the Strategic Capabili- 2 ties Office appoint scientists and engineers to a 3 total of not more than 5 scientific and engineer- 4 ing positions in the Office and 5 '' E in the case of the Defense Innovation 6 Unit Experimental appoint scientists and engi- 7 neers to a total of not more than 5 scientific and 8 engineering positions in the Unit '' 9 c EXTENSION OF TERMS OF APPOINTMENT --Sub- 10 section c 2 of such section is amended by striking ''or 11 the Office of Operational Test and Evaluation'' and insert12 ing ''the Office of Operational Test and Evaluation the 13 Strategic Capabilities Office or the Defense Innovation 14 Unit Experimental'' 15 SEC 1103 PERMANENT AUTHORITY FOR DEMONSTRATION 16 PROJECTS RELATING TO ACQUISITION PER- 17 SONNEL MANAGEMENT POLICIES AND PRO- 18 CEDURES 19 a PERMANENT AUTHORITY --Section 1762 of title 20 10 United States Code is amended by striking subsections 21 g and h 22 b SCOPE OF AUTHORITY --Subsection a of such sec- 23 tion is amended by striking ''COMMENCEMENT --'' and all 24 that follows through ''a demonstration project'' and insert- HR 2810 PAP                     National Security Archive    Suite 701  Gelman Library  The George Washington University    2130 H Street  NW  Washington  D C  20037    Phone  202 994‐7000  Fax  202 994‐7005  nsarchiv@gwu edu