,,ii #aacth ,,congress #b;d ,session ,s4 #bced ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bj1 #bjad ,mr4 ,carper introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to improve cybersecurity recruitment and retention4 #a4 ,short title ,this ,act may be cited as the ,,dhs ,cybersecurity ,workforce ,recruitment and ,retention ,act of #bjad4 #b4 ,cybersecurity recruitment and retention 7a7 ,in general ,at the end of subtitle ,c of title ,,ii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #ada et seq471 add the following3 #bbf4 ,cybersecurity recruitment and retention 7a7 ,definitions ,in this section3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on ,appropriations of the ,senate and the ,committee on ,homeland ,security and the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,collective bargaining agreement ,the term collective bargaining agreement has the meaning given that term in section #gajc7;a77#h7 of title #e1 ,united ,states ,code4 7#c7 ,excepted service ,the term excepted service has the meaning given that term in section #bajc of title #e1 ,united ,states ,code4 7#d7 ,preference eligible ,the term preference eligible has the meaning given that term in section #bajh of title #e1 ,united ,states ,code4 7#e7 ,qualified position ,the term qualified position means a position1 designated by the ,secretary for the purpose of this section1 in which the incumbent performs1 manages1 or supervises functions that execute the responsibilities of the ,department relating to cybersecurity4 7#f7 ,senior executive service ,the term ,senior ,executive ,service has the meaning given that term in section #baja;a of title #e1 ,united ,states ,code4 7b7 ,general authority 7#a7 ,establish positions1 appoint personnel1 and fix rates of pay 7,a7 ,general authority ,the ,secretary may-- 7i7 establish1 as positions in the excepted service1 such qualified positions in the ,department as the ,secretary determines necessary to carry out the responsibilities of the ,department relating to cybersecurity1 including positions formerly identified as-- 7,i7 senior level positions designated under section #ecgf of title #e1 ,united ,states ,code2 and 7,,ii7 positions in the ,senior ,executive ,service2 7ii7 appoint an individual to a qualified position 7after taking into consideration the availability of preference eligibles for appointment to the position72 and 7iii7 subject to the requirements of paragraphs 7#b7 and 7#c71 fix the compensation of an individual for service in a qualified position4 7,b7 ,construction with other laws ,the authority of the ,secretary under this subsection applies without regard to the provisions of any other law relating to the appointment1 number1 classification1 or compensation of employees4 7#b7 ,basic pay 7,a7 ,authority to fix rates of basic pay ,in accordance with this section1 the ,secretary shall fix the rates of basic pay for any qualified position established under paragraph 7#a7 in relation to the rates of pay provided for employees in comparable positions in the ,department of ,defense and subject to the same limitations on maximum rates of pay established for such employees by law or regulation4 7,b7 ,prevailing rate systems ,the ,secretary may1 consistent with section #ecda of title #e1 ,united ,states ,code1 adopt such provisions of that title as provide for prevailing rate systems of basic pay and may apply those provisions to qualified positions for employees in or under which the ,department may employ individuals described by section #ecdb7;a77#b77;,a7 of that title4 7#c7 ,additional compensation1 incentives1 and allowances 7,a7 ,additional compensation based on title #e authorities ,the ,secretary may provide employees in qualified positions compensation 7in addition to basic pay71 including benefits1 incentives1 and allowances1 consistent with1 and not in excess of the level authorized for1 comparable positions authorized by title #e1 ,united ,states ,code4 7,b7 ,allowances in nonforeign areas ,an employee in a qualified position whose rate of basic pay is fixed under paragraph 7#b77;,a7 shall be eligible for an allowance under section #eida of title #e1 ,united ,states ,code1 on the same basis and to the same extent as if the employee was an employee covered by such section #eida1 including eligibility conditions1 allowance rates1 and all other terms and conditions in law or regulation4 7#d7 ,plan for execution of authorities ,not later than #abj days after the date of enactment of this section1 the ,secretary shall submit a report to the appropriate committees of ,congress with a plan for the use of the authorities provided under this subsection4 7#e7 ,collective bargaining agreements ,nothing in paragraph 7#a7 may be construed to impair the continued effectiveness of a collective bargaining agreement with respect to an office1 component1 subcomponent1 or equivalent of the ,department that is a successor to an office1 component1 subcomponent1 or equivalent of the ,department covered by the agreement before the succession4 7#f7 ,required regulations ,the ,secretary1 in coordination with the ,director of the ,office of ,personnel ,management1 shall prescribe regulations for the administration of this section4 7c7 ,annual report ,not later than #a year after the date of enactment of this section1 and every year thereafter for #d years1 the ,secretary shall submit to the appropriate committees of ,congress a detailed report that-- 7#a7 discusses the process used by the ,secretary in accepting applications1 assessing candidates1 ensuring adherence to veterans' preference1 and selecting applicants for vacancies to be filled by an individual for a qualified position2 7#b7 describes-- 7,a7 how the ,secretary plans to fulfill the critical need of the ,department to recruit and retain employees in qualified positions2 7,b7 the measures that will be used to measure progress2 and 7,c7 any actions taken during the reporting period to fulfill such critical need2 7#c7 discusses how the planning and actions taken under paragraph 7#b7 are integrated into the strategic workforce planning of the ,department2 7#d7 provides metrics on actions occurring during the reporting period1 including-- 7,a7 the number of employees in qualified positions hired by occupation and grade and level or pay band2 7,b7 the placement of employees in qualified positions by directorate and office within the ,department2 7,c7 the total number of veterans hired2 7,d7 the number of separations of employees in qualified positions by occupation and grade and level or pay band2 7,e7 the number of retirements of employees in qualified positions by occupation and grade and level or pay band2 and 7,f7 the number and amounts of recruitment1 relocation1 and retention incentives paid to employees in qualified positions by occupation and grade and level or pay band2 and 7#e7 describes the training provided to supervisors of employees in qualified positions at the ,department on the use of the new authorities4 7d7 ,three-,year ,probationary ,period ,the probationary period for all employees hired under the authority established in this section shall be #c years4 7e7 ,incumbents of existing competitive service positions 7#a7 ,in general ,an individual serving in a position on the date of 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 conversion4 7#b7 ,subsequent conversion ,after the date on which an individual who refuses a conversion under paragraph 7#a7 stops serving in the position selected to be converted1 the position may be converted to a position in the excepted service4 4 7b7 ,conforming amendment ,section #cacb7;a77#b7 of title #e1 ,united ,states ,code1 is amended in the matter following subparagraph 7,e7-- 7#a7 in clause 7i71 by striking or at the end2 7#b7 in clause 7ii71 by inserting or after the semicolon2 and 7#c7 by inserting after clause 7ii7 the following3 7iii7 any position established as a qualified position in the excepted service by the ,secretary of ,homeland ,security under section #bbf of the ,homeland ,security ,act of #bjjb2 4 7c7 ,table of contents amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq47 is amended by inserting after the item relating to section #bbe the following3 ,sec4 #bbf4 ,cybersecurity recruitment and retention4 4