119-s2605

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2605 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2605

 To amend title 10, United States Code, to improve recruitment and 
retention of the cyber workforce of the Department of Defense, and for 
 other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 July 31, 2025

 Mr. Rounds introduced the following bill; which was read twice and 
 referred to the Committee on Armed Services

_______________________________________________________________________

 A BILL

 To amend title 10, United States Code, to improve recruitment and 
retention of the cyber workforce of the Department of Defense, and for 
 other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CYBER WORKFORCE RECRUITMENT AND RETENTION.

    (a) In General.--

Section 1599f of title 10, United States Code, is 
amended to read as follows:
``

Sec. 1599f. Cyber workforce recruitment and retention
 ``

    (a) General Authority.--
 ``

    (1) In general.--The Secretary of Defense may--
 ``
        (A) establish, as positions in the excepted 
 service, such qualified positions in the Department of 
 Defense as the Secretary considers necessary to carry 
 out the cyber mission of the Department and are not in 
 the Defense Civilian Intelligence Personnel System, 
 including--
 ``
            (i) positions in the Defense Digital 
 Executive Service established under subsection
            (c) ; and
 ``
            (ii) Defense Digital Senior Level 
 positions designated under subsection
            (d) ;
 ``
        (B) carry out a program of personnel management 
 authority provided in subsection

    (b) in order to 
 facilitate recruitment of eminent experts in cyber for 
 the Department; and
 ``
            (C) implement an interagency transfer agreement 
 between qualified positions in the excepted service 
 established under this section and positions in the 
 competitive service in the Department, including the 
 military departments.
 ``

    (2) Applicability.--Unless explicitly provided otherwise 
 by law, the authority of the Secretary under this section 
 applies without regard to any other provision of law relating 
 to the appointment, number, classification, or compensation of 
 employees that the Secretary determines is incompatible with 
 the approach to talent management under this section.
 ``

    (b) Personnel Management Authority.--
 ``

    (1) In general.--The Secretary may--
 ``
        (A) without regard to any provision of title 5 
 governing the appointment of employees in the civil 
 service, appoint individuals to qualified positions 
 established under subsection

    (a)

    (1) ; and
 ``
        (B) subject to paragraphs

    (2) and

    (3) , fix the 
 compensation of employees appointed under subparagraph
        (A) .
 ``

    (2) Rates of basic pay.--The Secretary--
 ``
        (A) shall fix the rates of basic pay for 
 employees appointed under paragraph

    (1)
        (A) --
 ``
            (i) with the rates of pay provided for 
 employees in comparable positions in the 
 Federal Government; and
 ``
            (ii) subject to the same limitations on 
 maximum rates of pay established for such 
 employees by statute or regulation; and
 ``
        (B) may prescribe the rates of basic pay for 
 employees appointed under paragraph

    (1)
        (A) at rates not 
 in excess of 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.
 ``

    (3) Additional compensation.--
 ``
        (A) In general.--Subject to subparagraph
            (C) , the 
 Secretary may, with respect to an employee appointed 
 under paragraph

    (1)
        (A) , other than such an employee 
 receiving the maximum rate of basic pay prescribed 
 under paragraph

    (2)
        (B) , provide the employee 
 compensation (in addition to basic pay), including 
 payments, benefits, sabbaticals, incentives, awards, 
 and allowances--
 ``
            (i) in accordance with relevant 
 provisions of other laws, including provisions 
 of title 5;
 ``
            (ii) consistent with, and not in excess 
 of the level authorized for, comparable 
 positions in the Federal Government; and
 ``
            (iii) to the extent compatible with the 
 approach to talent management under this 
 section.
 ``
        (B) Allowances.--An employee appointed under 
 paragraph

    (1)
        (A) shall be eligible for an allowance 
 under 

section 5941 of title 5, in addition to such 
 basic pay, on the same basis and at least 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 
 statute or regulation.
 ``
            (C) Maximum amount of additional compensation.--
 No additional compensation may be provided to an 
 employee under this paragraph in any calendar year if, 
 or to the extent that, the employee's total annual 
 compensation in such calendar year will exceed the 
 maximum amount of total annual compensation payable at 
 the salary set in accordance with 

section 104 of title 
 3.
 ``
            (c) Defense Digital Executive Service.--The Secretary may 
establish a Defense Digital Executive Service for positions established 
under subsection

    (a)

    (1)
        (A)
            (i) that are comparable to Senior Executive 
Service positions.
 ``
            (d) Defense Digital Senior Level Positions.--The Secretary may 
designate as a Defense Digital Senior Level position any defense cyber 
position that, as determined by the Secretary--
 ``

    (1) is classified above the grade of GG-15 of the 
 excepted service;
 ``

    (2) does not satisfy functional or program management 
 criteria for being designated as a position in the Defense 
 Digital Executive Service; and
 ``

    (3) has no more than minimal supervisory 
 responsibilities.
 ``

    (e) Two-Year Probationary Period.--The probationary period for 
all employees hired under the authority provided by this section shall 
be two years.
 ``

    (f) Incumbents of Existing Competitive Service Positions.--
 ``

    (1) In general.--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) Position 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 
 shall be converted to a position in the excepted service.
 ``

    (g) Implementation Plan; Effective Date of Authority.--
 ``

    (1) In general.--The authority provided by this section 
 shall become effective 30 days after the date on which the 
 Secretary submits to the congressional defense committees a 
 plan for the implementation of such authority.
 ``

    (2) Elements.--The plan described in paragraph

    (1) shall 
 include the following:
 ``
        (A) An assessment of the current scope of the 
 positions covered by the authority provided by 
 subsection

    (a) .
 ``
        (B) A plan for the use of the authority.
 ``
            (C) An assessment of the anticipated workforce 
 needs for the cyber mission of the Department across 
 the future-years defense program.
 ``
            (D) Other matters as appropriate.
 ``

    (h) 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.
 ``
            (i) Regulations Required.--The Secretary, in coordination with 
the Director of the Office of Personnel Management, shall prescribe 
regulations for the administration of this section.
 ``

    (j) Annual Report.--
 ``

    (1) In general.--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 five years 
 after the date of the enactment of this section, 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) Elements.--Each report required by 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 
 and 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 and 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 and 
 grade and level or pay band.
 ``
            (vii) The number of employees in 
 qualified positions who held an appointment 
 related to cybersecurity at a Federal agency 
 outside of the Department during the three-year 
 period prior to being appointed under this 
 section.
 ``

    (k) Comptroller General Assessment.--
 ``

    (1) Availability of annual report.--The Director of the 
 Office of Personnel Management shall make available to the 
 Comptroller General of the United States each report required 
 by subsection

    (j) .
 ``

    (2) Assessment.--The Comptroller General shall--
 ``
        (A) assess any differences in recruitment and 
 retention for cyber positions experienced by Federal 
 agencies based on unique hiring and pay authorities for 
 cyber professionals, including with respect to Senior 
 Executive Service positions and Senior Level positions; 
 and
 ``
        (B) not later than five years after the date of 
 the enactment of this section, submit to the 
 appropriate committees of Congress the results of that 
 assessment.
 ``
            (l) === Definitions. ===
-In this section:
 ``

    (1) Appropriate committees of congress.--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) Competitive service.--The term `competitive service' 
 has the meaning given that term in 

section 2102 of title 5.
 ``

    (3) Excepted service.--The term `excepted service' has 
 the meaning given that term in 

section 2103 of title 5.
 ``

    (4) Qualified position.--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 cyber mission of the Department.
 ``

    (5) Senior executive service position.--The term `Senior 
 Executive Service position' has the meaning given that term in 
 

section 3132

    (a) of title 5.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 81 of such title is amended by striking the item relating to 

section 1599f and inserting the following new item:

``1599f. Cyber workforce recruitment and retention.''.
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