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10 U.S.C. § 1599f — United States Cyber Command recruitment and retention
Federal law — U.S. Code and appendices · legal_authorities
**(a) General Authority.—**
(1) The Secretary of Defense may—
(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;
(iii) positions held by elements of the military departments supporting the United States Cyber Command;
(iv) positions held in combatant commands, defense agencies, and field activities supporting the United States Cyber Command; and
(v) up to 500 positions not otherwise described in clauses (i) through (iv) that the Secretary determines are hard-to-fill, highly skilled positions critical to cyberspace planning and operations in defense of, and which advance, U.S. national interests in collaboration with domestic and international partners.
(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.
(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) Rates of Pay.—** The Secretary—
(1) consistent with paragraph (2), shall fix the rates of basic pay for employees appointed under su
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Stable record: federal_law:legal_authorities:record_usc_f3bde6002edf2ba519d06e07
Source file: Laws/federal/codes/united-states-code/title-10/section-1599f-united-states-cyber-command-recruitment-and-retention--f3193dae6c.md
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Source location: Title 10, Chapter 81, § 1599f; chapter-081-civilian-employees.md
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**(a) General Authority.—**
(1) The Secretary of Defense may—
(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;
(iii) positions held by elements of the military departments supporting the United States Cyber Command;
(iv) positions held in combatant commands, defense agencies, and field activities supporting the United States Cyber Command; and
(v) up to 500 positions not otherwise described in clauses (i) through (iv) that the Secretary determines are hard-to-fill, highly skilled positions critical to cyberspace planning and operations in defense of, and which advance, U.S. national interests in collaboration with domestic and international partners.
(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.
(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) Rates of Pay.—** The Secretary—
(1) consistent with paragraph (2), shall fix the rates of basic pay for employees appointed under subsection (a)(1)(B)—
(A) with a rate of pay provided for employees in comparable positions in the Federal Government; and
(B) subject to the same limitations on maximum rates of pay established for such employees by statute or regulation; and
(2) may prescribe a rate of basic pay for such an employee so appointed at a rate not to exceed a rate equal to 150 percent of the maximum rate of basic pay authorized for positions at level I of the Executive Schedule under [section 5312 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5312&num=0&edition=prelim).
**(c) Additional Compensation, Incentives, and Allowances.—**
(1) 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.
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5941&num=0&edition=prelim) 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) Implementation Plan Required.—** The authority granted in subsection (a) shall become effective 30 days after the date on which the Secretary of Defense provides to the congressional defense committees a plan for implementation of such authority. The plan shall include the following:
(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) Collective Bargaining Agreements.—** Nothing in subsection (a) may be construed to impair the continued effectiveness of a collective bargaining agreement with respect to an office, component, subcomponent, or equivalent of the Department that is a successor to an office, component, subcomponent, or equivalent of the Department covered by the agreement before the succession.
**(f) Training.—**
(1) The Secretary shall provide training to covered personnel on hiring and pay matters relating to authorities under this section.
(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) Required Regulations.—** The Secretary, in coordination with the Director of the Office of Personnel Management, shall prescribe regulations for the administration of this section.
**(h) Annual Report.—**
(1) Not later than one year after the date of the enactment of this section and not less frequently than once each year thereafter until the date that is three years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, the Director of the Office of Personnel Management, in coordination with the Secretary, shall submit to the appropriate committees of Congress a detailed report on the administration of this section during the most recent one-year period.
(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.
(vii) The total number of positions, the title, duties, and responsibilities of each position, and the location of each position, including the assigned department, agency, command, and cost of establishing, appointing, and paying the salary of such positions.
(viii) A description of—
(I) how the Department has used the pay authorities in subsection (b); and
(II) the effect of such authorities on recruitment and retention in the Cyber Excepted Service.
(E) A description of the training provided to employees described in subsection (f)(2) on the use of authorities under this section.
**(i) Three-year Probationary Period.—** The probationary period for all employees hired under the authority established in this section shall be three years.
**(j) Incumbents of Existing Competitive Service Positions.—**
(1) 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.
(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) Federal Wage System Positions.—** The Secretary may—
(1) consistent with [section 5341 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5341&num=0&edition=prelim), adopt such provisions of that title to provide for prevailing rate systems of basic pay; and
(2) 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.
**(l) Definitions.—** In this section:
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7103/a/8&num=0&edition=prelim).
(3) The term “excepted service” has the meaning given that term in [section 2103 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2103&num=0&edition=prelim).
(4) The term “preference eligible” has the meaning given that term in [section 2108(3) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2108/3&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2101a&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section:
(1) **Agency.—** — The term “agency” means an Executive agency.
(2) **Director.—** — The term “Director” means the Director of the Office.
(3) **Examination.—** — The term “examination” means the process by which an applicant demonstrates knowledge, skills, abilities, and competencies.
(4) **Examining agency.—** — The term “examining agency” means—
(A) the Office; or
(B) an agency to which the Director has delegated examining authority under section 1104(a)(2).
(5) **Office.—** — The term “Office” means the Office of Personnel Management.
(6) **Passing score.—** — The term “passing score” means a minimum acceptable score or rating, consistent with applicable law, that may include a quantitative or qualitative assessment that an applicant can pass or fail.
(7) **Relevant committees.—** — The term “relevant committees” means—
(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and
(B) the Committee on Oversight and Accountability of the House of Representatives.
(8) **Subject matter expert.—** — The term “subject matter expert” means an employee or selecting official—
(A) who possesses an understanding of the duties of, and knowledge, skills, and abilities required for, the position for which the employee or selecting official is developing or administering an examination; and
(B) whom the delegated examining unit of the examining agency that employs the employee or selecting official designates to assist in the development and administration of technical assessments.
(9) **Technical assessment.—** — The term “technical assessment” means a position-specific tool that is relevant to the position for which the tool is developed that—
(A) allows for the demonstration of job-relate
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3304
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Federal law — U.S. Code and appendices · legal_authorities
Level I of the Executive Schedule applies to the following positions for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5312
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this title, the “excepted service” consists of those civil service positions which are not in the competitive service or the Senior Executive Service.
**(b)** As used in other Acts of Congress, “unclassified civil service” or “unclassified service” means the “excepted service”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2103
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Federal law — U.S. Code and appendices · legal_authorities
It is the policy of Congress that rates of pay of prevailing rate employees be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates and be based on principles that—
(1) there will be equal pay for substantially equal work for all prevailing rate employees who are working under similar conditions of employment in all agencies within the same local wage area;
(2) there will be relative differences in pay within a local wage area when there are substantial or recognizable differences in duties, responsibilities, and qualification requirements among positions;
(3) the level of rates of pay will be maintained in line with prevailing levels for comparable work within a local wage area; and
(4) the level of rates of pay will be maintained so as to attract and retain qualified prevailing rate employees.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5341
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Federal law — U.S. Code and appendices · legal_authorities
The “Senior Executive Service” consists of Senior Executive Service positions (as defined in [section 3132(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132/a/2&num=0&edition=prelim)).
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2101a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Information Assurance Program.—** The Secretary of Defense shall carry out a program, to be known as the “Defense Information Assurance Program”, to protect and defend Department of Defense information, information systems, and information networks that are critical to the Department and the armed forces during day-to-day operations and operations in times of crisis.
**(b) Objectives of the Program.—** The objectives of the program shall be to provide continuously for the availability, integrity, authentication, confidentiality, nonrepudiation, and rapid restitution of information and information systems that are essential elements of the Defense Information Infrastructure.
**(c) Program Strategy.—** In carrying out the program, the Secretary shall develop a program strategy that encompasses those actions necessary to assure the readiness, reliability, continuity, and integrity of Defense information systems, networks, and infrastructure, including through compliance with subchapter II of chapter 35 of title 44, including through compliance with subchapter III of chapter 35 of title 44. The program strategy shall include the following:
(1) A vulnerability and threat assessment of elements of the defense and supporting nondefense information infrastructures that are essential to the operations of the Department and the armed forces.
(2) Development of essential information assurances technologies and programs.
(3) Organization of the Department, the armed forces, and supporting activities to defend against information warfare.
(4) Joint activities of the Department with other departments and agencies of the Government, State and local agencies, and elements of the national information infrastructure.
(5) The conduct of exercises, war games, simulatio
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2224
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Federal law — U.S. Code and appendices · legal_authorities
New appointments shall be made at the minimum rate of the appropriate grade. However, under regulations prescribed by the Office of Personnel Management which provide for such considerations as the existing pay or unusually high or unique qualifications of the candidate, or a special need of the Government for his services, the head of an agency may appoint, with the approval of the Office in each specific case, an individual to a position at such a rate above the minimum rate of the appropriate grade as the Office may authorize for this purpose. The approval of the Office in each specific case is not required with respect to an appointment made by the Librarian of Congress.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5333
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Secretary of Defense, acting through the Chief Information Officer of the Department of Defense, shall establish an office to establish, maintain, and oversee the activities of the Department of Defense that pertain to the relationship between the Department and academia, including with entities involved in primary, secondary, or postsecondary education, with respect to cyber-related matters (in this section referred to as the “Office”).
**(b) Director.—** The Office shall have a Director who shall report directly to the Chief Information Officer of the Department of Defense. An individual serving as Director, while so serving, shall be a member of the Senior Executive Service.
**(c) Responsibilities.—**
(1) The Office shall be responsible for the following:
(A) Serving as the consolidated focal point for engagements carried out between the Department of Defense and academia with respect to cyber-related matters.
(B) Coordinating covered academic engagement programs for the Department of Defense.
(C) Conducting ongoing analysis, as determined necessary by the Director, of the performance of cyber-related educational scholarships, camps, support efforts, and volunteer partnerships of the Department of Defense.
(D) Identifying actions the Secretary of Defense may take to improve the cyber skills of personnel within the Department of Defense through participation by such personnel in covered academic engagement programs, for the purposes of assisting the Secretary in cyber-related matters and meeting the long-term national defense needs of the United States for personnel proficient in such skills.
(E) Managing funds and resources for the National Centers for Academic Excellence in Cybersecurity program, the Department of Defens
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2192c
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Appropriations or funds available to an Executive agency, except a Government controlled corporation, for pay of employees stationed outside the continental United States or in Alaska whose rates of basic pay are fixed by statute, are available for allowances to these employees. The allowance is based on—
(1) living costs substantially higher than in the District of Columbia;
(2) conditions of environment which differ substantially from conditions of environment in the continental United States and warrant an allowance as a recruitment incentive; or
(3) both of these factors.
The allowance may not exceed 25 percent of the rate of basic pay. Except as otherwise specifically authorized by statute, the allowance is paid only in accordance with regulations prescribed by the President establishing the rates and defining the area, groups of positions, and classes of employees to which each rate applies. Notwithstanding any preceding provision of this subsection, the cost-of-living allowance rate based on paragraph (1) shall be the cost-of-living allowance rate in effect on the date of enactment of the Non-Foreign Area Retirement Equity Assurance Act of 2009, except as adjusted under subsection (c).
**(b)** This section shall apply only to areas that are designated as cost-of-living allowance areas as in effect on December 31, 2009.
**(c)**
(1) The cost-of-living allowance rate payable under this section shall be adjusted on the first day of the first applicable pay period beginning on or after—
(A) January 1, 2010; and
(B) January 1 of each calendar year in which a locality-based comparability adjustment takes effect under paragraphs (2) and (3), respectively, of section 1914 of the Non-Foreign Area Retirement Equity Assurance Act of 2009.
(2)
(A) In t
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5941
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** To encourage the recruitment and retention of Department of Defense personnel who have the computer and network security skills necessary to meet the cyber requirements of the Department of Defense, the Secretary of Defense may carry out programs in accordance with this chapter to provide financial support for education in disciplines relevant to those requirements at institutions of higher education.
**(b) Types of Programs.—** The programs authorized under this chapter are as follows:
(1) Scholarships for pursuit of programs of education in cyber disciplines at institutions of higher education.
(2) Grants to institutions of higher education.
**(c) Name of Program.—** The programs authorized under this chapter shall be known as the “Cyber Scholarship Program”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2200
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