6 CFR Part 158 — Cybersecurity Talent Management System (CTMS)

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PART 158—CYBERSECURITY TALENT MANAGEMENT SYSTEM (CTMS) Authority: 6 U.S.C. 658. Subpart H also issued under 5 U.S.C. Chapters 41 and 43; 5 CFR parts 410 and 430. Source: 86 FR 47893, Aug. 26, 2021, unless otherwise noted. Subpart A—General Provisions § 158.101 Purpose. (a) Cybersecurity Talent Management System. (b) DHS Cybersecurity Service. (c) Regulations & policy. § 158.102 Scope of authority. (a) Authority. (b) Other laws superseded. (c) Preservation of authority. § 158.103 Coverage. (a) Talent management. (1) Establishing and administering CTMS; and (2) Establishing and managing the DHS-CS. (b) Individuals. (1) Being recruited for employment under this part; (2) Applying for employment under this part; (3) Serving in a qualified position under this part; (4) Managing, or participating in the management of, any DHS-CS employee under this part, including as a supervisor or any other employee of the Department who has the authority to take, direct others to take, recommend, or approve any talent management action under this part; or (5) Serving on the Cybersecurity Talent Management Board described in § 158.302. § 158.104 Definitions. As used in this part: Additional compensation Advisory appointment Annuitant Anticipated mission impact CTMS qualifications DHS-CS cybersecurity work. Assignment DHS-CS cybersecurity work CTMS qualifications Break in service Continuing appointment CTMS policy CTMS qualifications qualifications Cybersecurity incident Cybersecurity risk Cybersecurity Talent Management Board CTMB Cybersecurity Talent Management System CTMS Cybersecurity talent market Cybersecurity threat Cybersecurity work Department DHS DHS cybersecurity mission DHS Cybersecurity Service DHS-CS DHS-CS advisory appointee DHS-CS cybersecurity work cybersecurity work DHS-CS employee employee Employee Excepted service Executive Schedule Former DHS-CS employee Functions Mission impact Mission-related requirements Preference eligible Qualification Qualified position CTMS qualifications DHS-CS cybersecurity work, Renewable appointment Salary Secretary Secretary or designee Secretary Strategic talent priorities Supervisor employee Talent management Talent management action personnel action talent management action personnel action Veteran Work level CTMS qualifications DHS-CS cybersecurity work Work valuation Subpart B—DHS Cybersecurity Service § 158.201 Cybersecurity mission. Cybersecurity is a matter of homeland security and one of the core missions of the Department. Congress and the President charge the Department with responsibilities relating to cybersecurity and grant the Secretary and other officials authorities to carry out those cybersecurity responsibilities. The Department's cybersecurity mission is dynamic to keep pace with the evolving cybersecurity risks and cybersecurity threats facing the Nation and to adapt to any changes in the Department's cybersecurity responsibilities. The DHS cybersecurity mission encompasses all responsibilities of the Department relating to cybersecurity. § 158.202 Cybersecurity Service (DHS-CS). The Secretary or designee establishes and manages the DHS-CS to enhance the cybersecurity of the Nation through the most effective execution of the DHS cybersecurity mission. § 158.203 Positions in the DHS-CS. (a) Qualified positions. (b) Designating qualified positions. (c) Establishing qualified positions. § 158.204 Employees in the DHS-CS. (a) DHS-CS employees. (b) Mission execution and assignments. (c) Mission impact and recognition. (d) Compensation. (e) Recruitment and development. (f) Core values. § 158.205 Assignments in the DHS-CS. (a) Assignments generally. (b) Initial and subsequent assignments. Subpart C—Leadership § 158.301 Administering CTMS and Managing the DHS-CS. (a) The Secretary or designee is responsible for administering CTMS and managing the DHS-CS, including establishing and maintaining CTMS policy. (b) The Cybersecurity Talent Management Board (CTMB) is responsible for assisting the Secretary or designee in administering CTMS and managing the DHS-CS. (c) The Secretary or designee, with assistance from the CTMB, administers CTMS and manages the DHS-CS based on: (1) Talent management principles described in § 158.303; (2) Strategic talent priorities described in § 158.304; and (3) DHS-CS core values described in § 158.305. § 158.302 Cybersecurity Talent Management Board (CTMB). (a) Purpose. (b) Composition. (1) Officials representing DHS organizations involved in executing the DHS cybersecurity mission; and (2) Officials responsible for developing and administering talent management policy within the Department. (c) Membership. (1) Appoints officials to serve as members of the CTMB; (2) Designates the Co-Chairs of the CTMB; and (3) Ensures CTMB membership fulfills the membership requirements in this section and includes appropriate representation, as determined by the Secretary or designee, from across the Department. (d) Operation. (e) External Assistance. § 158.303 Talent management principles. (a) Merit system principles. (b) Prohibited personnel practices. (c) Equal employment opportunity principles. § 158.304 Strategic talent priorities. The Secretary or designee, with assistance from the CTMB, administers CTMS and manages the DHS-CS based on strategic talent priorities, which the Secretary or designee sets on an ongoing basis using: (a) Information from strategic talent planning described in § 158.401(c); (b) The Department's financial and resources planning functions, including the functions described in 6 U.S.C. 342(b); (c) The Department's comprehensive strategic planning, including the plan described in 5 U.S.C. 306; and (d) Departmental priorities. § 158.305 DHS-CS core values. The Secretary or designee, with assistance from the CTMB, manages the DHS-CS based on the following core values: (a) Expertise, including enhancing individual and collective expertise regarding cybersecurity through continual learning; (b) Innovation, including pursuing new ideas and methods regarding cybersecurity work and cybersecurity generally; and (c) Adaptability, including anticipating and adjusting to emergent and future cybersecurity risks and cybersecurity threats. Subpart D—Strategic Talent Planning § 158.401 Strategic talent planning process. (a) Purpose. (b) Process. (1) Identifying DHS-CS cybersecurity work and CTMS qualifications based on the DHS cybersecurity mission as described in § 158.402; (2) Analyzing the cybersecurity talent market as described in § 158.403; (3) Describing and valuing DHS-CS cybersecurity work under the work valuation system described in § 158.404; and (4) Ensuring CTMS administration and DHS-CS management is continually informed by current, relevant information as described in paragraph (c) of this section. (c) Informing CTMS administration and DHS-CS management. § 158.402 DHS-CS cybersecurity work and CTMS qualifications identification. On an ongoing basis, the Secretary or designee analyzes the DHS cybersecurity mission to identify: (a) The functions that execute the DHS cybersecurity mission; (b) The cybersecurity work required to perform, manage, or supervise those functions; and (c) The set of qualifications, identified in accordance with applicable legal and professional guidelines, necessary to perform that work. § 158.403 Talent market analysis. On an ongoing basis, the Secretary or designee conducts an analysis of the cybersecurity talent market, using generally recognized compensation principles and practices to: (a) Identify and monitor trends in both employment for and availability of talent related to cybersecurity, including variations in the cost of talent in local cybersecurity talent markets, defined in § 158.612(b)(1), or variations in the cost of living in those markets, or both; and (b) Identify leading strategies for recruiting and retaining talent related to cybersecurity. § 158.404 Work valuation system. (a) The Secretary or designee establishes and administers a person-focused work valuation system to facilitate systematic management of the DHS-CS and to address internal equity among DHS-CS employees. The work valuation system is designed to reflect that: (1) The DHS cybersecurity mission is dynamic; (2) Cybersecurity work is constantly evolving; and (3) Individuals, through application of their qualifications, significantly influence how cybersecurity work is performed. (b) The work valuation system is based on: (1) CTMS qualifications; and (2) DHS-CS cybersecurity work. (c) The Department uses the work valuation system to establish work and career structures, such as work levels, titles, ranks, and specializations, and the Department uses these work and career structures for purposes of talent management under this part, such as: (1) Describing and categorizing DHS-CS employees, qualified positions, and assignments; (2) Assessing and selecting individuals for appointment to qualified positions; and (3) Compensating DHS-CS employees under this part, including establishing and administering one or more salary structures, described in § 158.611. (d) The Department may also use the work and career structures described in paragraph (c) of this section for budget and fiscal purposes related to administering CTMS and managing the DHS-CS. § 158.405 Exemption from General Schedule position classification. The provisions of 5 U.S.C. Chapter 51 regarding classification and 5 CFR part 511 regarding classification under the General Schedule, among other similar laws, do not apply under CTMS, to the DHS-CS, or to talent management involving the individuals described in § 158.103. Subpart E—Acquiring Talent Talent Acquisition System § 158.501 Talent acquisition system. (a) The Secretary or designee establishes and administers a talent acquisition system, in accordance with applicable legal and professional guidelines governing the assessment and selection of individuals, to identify and hire individuals possessing CTMS qualifications. (b) The talent acquisition system comprises the strategies, programs, and processes described in this subpart and in CTMS policy for proactively and strategically recruiting individuals, assessing qualifications of individuals, and considering and selecting individuals for employment in the DHS-CS and appointment to qualified positions. § 158.502 Exemption from other laws regarding appointment. The provisions of the following laws, among other similar laws, do not apply under CTMS, to the DHS-CS, or to talent management involving the individuals described in § 158.103: (a) The following provisions of 5 U.S.C.: (1) Section 3320 regarding selection and appointment in the excepted service; and (2) Chapter 51 regarding classification; and (b) The following provisions of 5 CFR: (1) Part 211 regarding veteran preference; (2) Part 302 regarding employment in the excepted service (except § 302.203 regarding disqualifying factors); (3) Part 352 regarding reemployment rights (except subpart C regarding detail and transfer of Federal employees to international organizations); and (4) Part 511 regarding classification under the General Schedule. Sourcing and Recruiting § 158.510 Strategic recruitment. (a) On an ongoing basis, the Department develops and implements strategies for publicly communicating about the DHS cybersecurity mission and the DHS-CS and for proactively recruiting individuals likely to possess CTMS qualifications. (b) The Department develops and implements strategies described in paragraph (a) of this section based on: (1) CTMS qualifications and DHS-CS cybersecurity work; and (2) Strategic talent priorities. (c) In developing and implementing strategies described in paragraph (a) of this section, the Department may collaborate with: (1) Other Federal agencies including the Department of Defense, the Office of Personnel Management, and the Department of Veterans Affairs; (2) Institutions of higher education, as defined in 20 U.S.C. 1001, including historically Black colleges or universities, as described in 20 U.S.C. 1061(2), and other minority-serving institutions, as described in 20 U.S.C. 1067q(a); (3) National organizations, including veterans service organizations recognized by the Department of Veterans Affairs, and professional associations chartered by Congress under 36 U.S.C. Part B; and (4) Other similar organizations and groups. (d) The Department considers the availability of preference eligibles and veterans for appointment under this part, and develops and implements specific strategies to proactively recruit such individuals. § 158.511 Outreach and sourcing. (a) The Department uses a variety of sources, including publicly available information, to identify individuals or groups of individuals for recruitment under this subpart. (b) CTMS policy implementing this subpart addresses: (1) Communication of opportunities for employment in the DHS-CS; (2) Communication of the application processes to individuals being recruited under this part or applying for employment under this part; and (3) Acceptance and treatment of applications for employment in the DHS-CS, including minimum application requirements established under this part. § 158.512 Interview expenses. (a) An individual being considered for employment in the DHS-CS may receive payment or reimbursement for travel to and from preemployment interviews, which may include participating in the assessment program described in § 158.520. (b) The Department pays or reimburses interview expenses, described in paragraph (a) of this section, in accordance with 5 U.S.C. 5706b and the Federal Travel Regulations at 41 CFR chapters 301 through 304. Assessment and Hiring § 158.520 Assessment. (a) The Department determines individuals' CTMS qualifications under the assessment program described in this section. To be considered for employment in the DHS-CS, an individual must participate in the assessment program and meet applicable rating or scoring thresholds in each assessment process in which that individual participates. (b) The Department establishes and administers an assessment program, with one or more assessment processes, based on CTMS qualifications. The assessment program is designed to efficiently and accurately determine individuals' CTMS qualifications. (c) Each assessment process compares the qualifications of an individual to CTMS qualifications. The Department develops and administers each assessment process in accordance with applicable legal and professional guidelines governing the assessment and selection of individuals. (d) An assessment process may use standardized instruments and procedures to measure qualifications. An assessment process may also use demonstrations of qualifications determined appropriate by the Secretary or designee, such as rewards earned from the cybersecurity competition described in Executive Order 13870, published, peer-reviewed cybersecurity research, or a cybersecurity invention or discovery granted a patent under 35 U.S.C. Part II. (e) The Department makes available information to assist individuals in understanding the purpose of, and preparing for participation in, an assessment process. (f) To maintain the objectivity and integrity of the assessment program, the Department maintains control over the security and release of materials relating to the assessment program, including assessment plans, validation studies, and other content. Except as otherwise required by law, the Department does not release the following: (1) Sensitive materials relating to the design and administration of the assessment program; (2) Names or lists of individuals applying for employment in the DHS-CS; and (3) Results or relative ratings of individuals who participated in the assessment program. § 158.521 Employment eligibility requirements and employment-related criteria. (a) Employment eligibility requirements. (1) Meet U.S. citizenship requirements as described in governing Appropriation Acts; and (2) Comply with Selective Service System requirements described in 5 U.S.C. 3328. (b) Employment-related criteria. (1) Fitness standards and similar factors described in Executive orders, 5 CFR 302.203, and policies of the Department; (2) Personnel security requirements related to fitness standards and similar factors described in paragraph (b)(1) of this section; (3) Geographic mobility requirements; and (4) Other criteria related to any aspect of appointment or employment, including selection, appointments, qualified positions, or assignments, or some or all of the foregoing. (c) Accepting and maintaining employment-related criteria. (d) Changes to employment-related criteria. (e) Disqualification. § 158.522 Selection and appointment. (a) The Department selects an individual for employment in the DHS-CS based on the individual's CTMS qualifications, as determined under the assessment program described in § 158.520. (b) Prior to finalizing the selection of an individual for employment in the DHS-CS, the Department considers the availability of preference eligibles for appointment under this part, including those recruited based on specific strategies described in § 158.510(d), who have participated in the assessment program and met applicable rating or scoring thresholds, as described in § 158.520(a). When a selection is imminent and there are both preference eligibles and non-preference eligibles undergoing final consideration, the Department regards status as a preference eligible as a positive factor in accordance with CTMS policy. (c) The Department appoints an individual to a qualified position under the authority in 6 U.S.C. 658 and this part, and all such appointments are in the excepted service and are one of the following types of appointment: (1) A renewable appointment under § 158.523(a); (2) A continuing appointment under § 158.523(b); or (3) An advisory appointment under § 158.523(c). (d) As part of selecting an individual for employment in the DHS-CS and appointing an individual to a qualified position under this part, the Department: (1) Determines applicable work and career structures, including the individual's initial work level, using the work valuation system described in § 158.404; (2) Sets the individual's initial salary using the salary system as described in § 158.620; and (3) Matches the individual with an initial assignment as described in § 158.703(c). (e) No qualified position may be established through the non-competitive conversion of a current Federal employee from an appointment made outside the authority of this part to an appointment made under this part. (f) An individual who accepts an appointment to a qualified position under this part voluntarily accepts an appointment in the excepted service. (g) A DHS-CS employee serves in the same qualified position throughout a single continuing appointment under this part and throughout multiple, consecutive renewable or continuing appointments under this part, regardless of any changes in the employee's assignments, including primary DHS organization, or changes in the employee's official worksite. § 158.523 Appointment types and circumstances. (a) Renewable appointment. (1) Reemployed annuitant. (2) Uncompensated service. (b) Continuing appointment. (c) Advisory appointment. (d) Former DHS-CS employee. (e) Restoration to duty from uniformed service or compensable injury. (f) Current and former political appointees. § 158.524 Initial service period. (a) All individuals appointed under this part serve an initial service period that constitutes a probationary period of three years beginning on the date of appointment. (b) Except as stated in paragraph (c) of this section, service in the DHS-CS counts toward completion of a current initial service period under paragraph (a) of this section. No other service in an appointment made outside the authority of this part may count toward completion of an initial service period under paragraph (a) of this section. (c) Service as a DHS-CS advisory appointee, as a reemployed annuitant described in § 158.523(a)(1), or providing uncompensated service described in § 158.523(a)(2) does not count towards completion of an initial service period in a subsequent appointment to a qualified position. (d) CTMS policy implementing this section addresses computation of each DHS-CS employee's initial service period, including accounting for working schedules other than full-time schedules described in § 158.705 and for periods of absence while in pay and nonpay statuses. § 158.525 Hiring of former DHS-CS employees. (a) Rejoining the DHS-CS. (1) Maintain communication with former DHS-CS employees to understand their interest in future service in the DHS-CS; (2) Provide opportunities for former DHS-CS employees to be considered for appointment again to qualified positions; and (3) Acknowledge former DHS-CS employees' enhancements to qualifications while outside the DHS-CS. (b) Rehiring. (1) Participate again in the assessment program described in § 158.520 for the Department to determine the former DHS-CS employee's current CTMS qualifications; and (2) Meet employment eligibility and accept and satisfy applicable employment-related criteria as described in § 158.521. (c) Reassessment. (1) Time elapsed since the former DHS-CS employee's most recent appointment to a qualified position under this part; (2) Similarity of cybersecurity work performed by the former DHS-CS employee since that individual's most recent appointment to a qualified position under this part; or (3) Similarity of the former DHS-CS employee's CTMS qualifications during the former employee's most recent appointment under this part to the CTMS qualifications of a newly identified assignment under the deployment program in § 158.701. (d) Former advisory and political appointees. (e) Prospective advisory appointees. Subpart F—Compensating Talent Compensation System § 158.601 Compensation strategy. To ensure the DHS-CS fulfills its purpose, as stated in § 158.202, the Secretary or designee aims to establish and administer a compensation system, described in § 158.602, that: (a) Ensures the compensation for DHS-CS employees is sufficiently competitive to recruit and retain individuals possessing CTMS qualifications; (b) Values, encourages, and recognizes, in alignment with the DHS-CS core values described in § 158.305: (1) Exceptional CTMS qualifications and mission impact, (2) Excellence and innovation in the performance of DHS-CS cybersecurity work, and (3) Continual learning to adapt to evolving cybersecurity risks and cybersecurity threats; and (c) Acknowledges the unpredictable nature of cybersecurity work and the expectation that DHS-CS employees occasionally work unusual hours and extended hours, as needed, to execute the DHS cybersecurity mission, especially in response to exigent circumstances and emergencies, including cybersecurity incidents; and (d) Reflects an understanding of the cybersecurity talent market, including: (1) Leading compensation practices and trends, (2) Current cybersecurity work expectations and arrangements, and (3) An understanding of the concepts of total compensation and total rewards. § 158.602 Compensation system. (a) The Secretary or designee establishes and administers a compensation system based on: (1) The compensation strategy in § 158.601; (2) Information from strategic talent planning described in § 158.401(c); (3) Generally recognized compensation principles and practices; and (4) Strategic talent priorities. (b) The compensation system comprises: (1) The salary system described in § 158.610; and (2) Additional compensation described in § 158.603. § 158.603 Employee compensation. (a) Compensation. (b) Salary. (1) Uncompensated service. (2) Advisory appointees. (c) Additional compensation. (1) Types. (i) Recognition under §§ 158.632 through 158.634; (ii) Other special payments under §§ 158.640 through 158.643; and (iii) Other types of compensation, including leave and benefits, authorized under §§ 158.650 through 158.654 and provided in accordance with relevant provisions of other laws. (2) Combining types. (3) Limit. (4) Advisory appointees. (5) Department discretion. § 158.604 Aggregate compensation limit. (a) Limiting aggregate compensation. (b) Aggregate compensation. (1) A DHS-CS employee's aggregate compensation means the total of the employee's salary, including any local cybersecurity talent market supplement, and the following types of additional compensation the employee receives under this part: (i) Recognition payments; (ii) Payments for special working conditions; (iii) Payments for quarters allowances, overseas differentials and allowances, and remote worksite allowances, foreign currency allowances, and hostile fire pay; and (iv) Other similar payments described in CTMS policy as being authorized under this part and provided in accordance with other relevant provisions of law. (2) The following types of compensation a DHS-CS employee receives under this part are excluded from the employee's aggregate compensation: (i) Payments or reimbursements for professional development and training; (ii) CTMS student loan repayments; (iii) CTMS allowances in nonforeign areas; (iv) Back pay because of an unjustified or unwarranted talent management action; (v) Severance pay; (vi) Lump-sum payments for accumulated and accrued annual leave; (vii) Voluntary separation incentive payments; (viii) Payments for reservist differentials; and (ix) Monetary value of any honorary recognition, leave, or other benefits. (c) Forfeiture of compensation exceeding limit amount. (d) Corrective actions. § 158.605 Exemption from other laws regarding compensation. The provisions of the following laws, among other similar laws, do not apply under CTMS, to the DHS-CS, or to talent management involving the individuals described in § 158.103: (a) The following provisions of 5 U.S.C.: (1) Chapter 51 regarding classification, (2) Chapter 53 regarding pay rates and systems (except section 5379 regarding student loan repayments), (3) Chapter 55, Subchapter V regarding premium pay (except section 5550a regarding compensatory time off for religious observances), (4) Chapter 61 regarding work schedules (except sections 6103-6104 regarding holidays), (5) Section 4502 regarding cash awards and time-off awards, (6) Section 4503 regarding agency awards (except regarding honorary recognition), (7) Section 4505a regarding performance-based cash awards, (8) Sections 4507 and 4507a regarding presidential rank awards, (9) Section 5307 regarding limitation on certain payments, (10) Section 5384 regarding performance awards for the Senior Executive Service, (11) Section 5753 regarding recruitment and relocation bonuses, (12) Section 5754 regarding retention bonuses, (13) Section 5755 regarding supervisory differentials, and (14) Section 5757 regarding extended assignment incentives; (b) The provisions of 29 U.S.C. 206 and 207 regarding minimum wage payments and overtime pay under the Fair Labor Standards Act of 1938, as amended; and (c) The following provisions of 5 CFR: (1) Part 451 regarding awards (except regarding honorary recognition); (2) Part 511 regarding classification under the General Schedule; (3) Part 530 regarding pay rates and systems; (4) Part 531 regarding pay under the General Schedule; (5) Part 534 regarding pay under other systems; (6) Part 536 regarding grade and pay retention; (7) Part 550, subparts A regarding premium pay, I regarding pay for duty involving physical hardship or hazard, M regarding firefighter pay, N regarding compensatory time off for travel, and P regarding overtime pay for border patrol agents; (8) Part 551 regarding pay administration under the Fair Labor Standards Act; (9) Part 575 regarding recruitment, relocation, and retention incentives, supervisory differentials; and extended assignment incentives; and (10) Part 610 regarding hours of duty (except subpart B regarding holidays). Salaries § 158.610 Salary system. (a) Under the compensation system, described in § 158.602 of this part, the Department establishes and administers a salary system with the goals of maintaining: (1) Sufficiently competitive salaries for DHS-CS employees as stated in § 158.601(a); and (2) Equitable salaries among DHS-CS employees. (b) The salary system comprises: (1) At least one salary structure, described in § 158.611 of this part, bounded by the salary range described in § 158.613 and incorporating the salary limitations described in § 158.614; (2) The process for providing a local cybersecurity talent market supplement described in § 158.612; and (3) The salary administration framework described in §§ 158.620 through 158.622. § 158.611 Salary structure. (a) Under the salary system, described in § 158.610, the Department establishes and administers one or more salary structures based on the strategy, information, principles and practices, and priorities listed in § 158.602(a). (b) A salary structure: (1) Is bounded by the salary range described in § 158.613; (2) Incorporates, as described in paragraph (d) of this section, the salary limitations described in § 158.614; and (3) May incorporate other salary and cost control strategies, such as control points. (c) A salary structure includes subranges, within the salary range described in § 158.613 that are associated with work levels established by the work valuation system, described in § 158.404. Each such subrange is associated with at least one such work level. (d) The Department incorporates the salary limitations described in § 158.614 into a salary structure by assigning each such salary limitation to at least one subrange of the salary structure. The Department assigns such salary limitations in ascending order to the subranges such that each subrange has a salary limitation that is greater than or equal to the salary maximum of that subrange. (e) The Department may adjust a salary structure annually, or as the Secretary or designee determines necessary, based on the strategy, information, principles and practices, and priorities listed in § 158.602(a). § 158.612 Local cybersecurity talent market supplement (LCTMS). (a) General. (b) Definitions. (1) Local cybersecurity talent market (2) Local cybersecurity talent market supplement percentage (c) Salary supplement. (d) Eligibility and termination. (2) The Department terminates a LCTMS a DHS-CS employee receives when the employee's official worksite, as determined under § 158.704, is no longer in a local cybersecurity talent market with an assigned local cybersecurity talent market supplement percentage, or the salary structure under which the employee's salary is provided no longer has an assigned local cybersecurity labor market supplement, or both. (3) A reduction in salary for a DHS-CS employee because of a change in any LCTMS for that employee is not a reduction in pay for the purposes of 5 U.S.C. 7512 and 5 CFR part 752. (e) Limitation. § 158.613 Salary range. (a) Range. (b) Standard range. (c) Extended range. (1) The Secretary or designee may invoke the extended range for a DHS-CS employee when the Secretary or designee determines, based on the compensation strategy in § 158.601, that the employee's qualifications, the employee's mission impact, and mission-related requirements warrant adjusting the employee's salary beyond the standard range. The Secretary or designee must approve the salary adjustment of each such employee by name, and to receive a salary in the extended range the employee must either already be in a renewable appointment or accept a renewable appointment. While the employee is receiving a salary in an amount in the extended range, the Department may not change that employee's appointment to a continuing appointment. (2) The Secretary or designee may invoke the extended range for an individual selected for appointment to a qualified position when the Secretary or designee determines, based on the compensation strategy in § 158.601, that the individual's qualifications, the individual's anticipated mission impact, and mission-related requirements warrant setting the individual's salary beyond the standard range. The Secretary or designee must approve the appointment of each such individual to a qualified position by name, and the individual must be appointed to a renewable appointment only. While that individual is receiving a salary under this part in an amount in the extended range, the Department may not change that individual's appointment to a continuing appointment at any time. (d) Maximum. § 158.614 Salary limitations. (a) The salary system, described in § 158.610, has the following limitations on maximum rates of salary that apply within the CTMS salary range described in § 158.613 of this part: (1) The annual rate of basic pay for GS-15, step 10 under the General Schedule (excluding locality pay or any other additional pay as defined in 5 CFR chapter 1); (2) The annual rate of basic pay for level IV of the Executive Schedule; (3) The annual rate of basic pay for level II of the Executive Schedule; (4) The annual rate of basic pay for level I of the Executive Schedule; and (5) The total annual compensation payable to the Vice President under 3 U.S.C. 104. (b) The Department may establish additional limitations on maximum rates of salary for the salary system. (c) The salary system incorporates each limitation on maximum rates of salary described in this section into each salary structure established under § 158.611. Salary Administration § 158.620 Setting salaries. (a) The Department sets the salary for an individual accepting an appointment to a qualified position as part of selection and appointment of the individual, described in § 158.522. The Department sets the individual's salary within a subrange of a salary structure described in § 158.611 based on consideration of: (1) The individual's CTMS qualifications, determined under the assessment program described in § 158.520; (2) Applicable work and career structures, including the individual's initial work level, determined as part of selection and appointment under § 158.522; (3) The individual's anticipated mission impact; (4) Mission-related requirements; and (5) Strategic talent priorities. (b) In setting the salary for an individual appointed to a qualified position under this part, the Department may set the individual's salary without regard to any prior salary of the individual, including any salary or basic pay while serving in a previous appointment under this part or in another previous Federal appointment made outside the authority of this part. (c) In setting the salary for an individual appointed to a qualified position under this part, the Department may provide a local cybersecurity talent market supplement described in § 158.612. § 158.621 Adjusting salaries. (a) The Department adjusts a DHS-CS employee's salary, or the salaries of a group of DHS-CS employees, by paying a recognition adjustment under § 158.631, or paying a local cybersecurity talent market supplement under § 158.612, or both. (b) The Department does not provide DHS-CS employees with any automatic salary increase or any salary increase based on length of service in the DHS-CS or in any position outside the DHS-CS. (c) If the Department adjusts a salary structure under § 158.611(e) that results in an increase to the salary minimum for one or more subranges of the salary structure, for any DHS-CS employee receiving a salary in an affected subrange at the affected salary minimum, DHS adjusts the employee's salary to reflect the adjustment to the salary structure and the new salary minimum for the affected subrange. Such a salary adjustment is not considered a recognition adjustment under § 158.631. § 158.622 Administering salary in accordance with relevant provisions of other laws. (a) Except as stated in paragraph (b) of this section, the Department administers salary under this part in accordance with the provisions of 5 CFR part 550 regarding pay administration generally. (b) The following provisions of 5 CFR part 550 do not apply to administering salary under this part and do not apply under CTMS, to the DHS-CS, or to talent management involving the individuals described in § 158.103 of this part: (1) Subpart A regarding premium pay; (2) Subpart I regarding pay for duty involving physical hardship or hazard; (3) Subpart M regarding firefighter pay; (4) Subpart N compensatory time-off for travel; and (5) Subpart P regarding overtime for board patrol agents. (c) The Department also administers salary under this part in accordance with the provisions of the following: (1) 5 U.S.C. 5520, 42 U.S.C. 659 and 5 CFR parts 581 and 582, regarding garnishment; (2) 31 U.S.C. 3702 and 5 CFR part 178 regarding claims settlement; (3) 31 U.S.C. 3711 and 3716 and 31 CFR chapter IX parts 900 through 904 regarding debt collection; (4) 5 U.S.C. Chapter 55 Subchapter VII regarding payments to missing employees; and (5) Other relevant provisions of other laws specifically adopted in CTMS policy. (d) For purposes of salary administration under this section, the Department administers salary based on consideration of a DHS-CS employee's work schedule under the work scheduling system, described in § 158.705, and may convert the employee's salary into an hourly rate, biweekly rate, or other rate. Recognition § 158.630 Employee recognition. (a) DHS-CS employees. ad hoc (b) Prospective employees. ad hoc (1) The individual's CTMS qualifications determined under the assessment program described in § 158.520; (2) The individual's anticipated mission impact; (3) Mission-related requirements; and (4) Strategic talent priorities. (c) Eligibility. (d) Policy. (1) Eligibility criteria; (2) Requirements for documenting the reason and basis for recognition provided to a DHS-CS employee; (3) Appropriate levels of review and approval for providing recognition; (4) Any limitations on the total number, frequency, or amount of recognition a DHS-CS employee may receive within any specific time period; (5) Any service agreement requirements; and (6) Processes for evaluating the effectiveness of recognition in supporting the purpose of CTMS described in § 158.101, the purpose of the DHS-CS described in § 158.202, and the operationalization of the compensation strategy described in § 158.601. (e) Advisory appointees. § 158.631 Recognition adjustments. (a) Under this section and § 158.630, the Department may provide a recognition adjustment to a DHS-CS employee for the reasons and bases stated in § 158.630(a). A recognition adjustment is an adjustment to the DHS-CS employee's salary provided under a salary structure described in § 158.611. A recognition adjustment does not alter any local cybersecurity talent market supplement for that employee. (b) No DHS-CS employee may receive a recognition adjustment that would cause the employee's salary to exceed the salary range maximum described in § 158.613(d) or the applicable salary limitation assigned to the subrange of a salary structure as described in § 158.611(d) that contains the employee's salary. A DHS-CS employee may not receive a recognition adjustment that would cause the employee's salary amount to be in the extended range, described in § 158.613(c), unless the Secretary or designee invokes the extended range for that employee under § 158.613(c)(1). (c) A recognition adjustment under this section is not a promotion for any purpose under Title 5 U.S.C. or 5 CFR. (d) A recognition adjustment under this section for a DHS-CS advisory appointee is subject to additional requirements and restrictions in subpart J of this part. § 158.632 Recognition payments. (a) Under this section and § 158.630, and for the reasons and bases stated in § 158.630(a), the Department may provide a recognition payment to a DHS-CS employee in an amount of up to 20 percent, or up to 50 percent with approval of the Secretary or designee, of the receiving DHS-CS employee's salary. The Department may require a service agreement of not less than six months and not more than three years as part of providing a recognition payment to a DHS-CS employee. (b) Under this section and § 158.630, and for the reasons and bases stated in § 158.630(b) and as part of an offer of employment in the DHS-CS, the Department may offer a recognition payment to an individual selected for employment in the DHS-CS in an amount of up to 20 percent of the receiving individual's initial salary in the DHS-CS. The Department requires a service agreement of not less than six months and not more than three years as part of providing, upon appointment, a recognition payment to an individual selected for employment in the DHS-CS. (c) The Department may provide a recognition payment as a lump sum payment, an installment payment, or a recurring payment. (d) The Department may provide a recognition payment under this section to a former DHS-CS employee or to the legal heirs or estate of a former DHS-CS employee in accordance with 5 U.S.C. 4505. (e) Acceptance of a recognition payment constitutes agreement for Federal Government use of any idea, method, device, or similar that is the basis of the payment. (f) A recognition payment under this section is subject to and may be limited by the aggregate compensation limit described in § 158.604. (g) A recognition payment is not salary under this part and is not basic pay for any purpose under 5 U.S.C. or 5 CFR. (h) A recognition payment under this section is based on the following types of awards and incentives provided under 5 U.S.C.: (1) Cash awards under 5 U.S.C. 4502; (2) Agency awards under 5 U.S.C. 4503; (3) Performance-based cash awards under 5 U.S.C. 4505a and 5384; (4) Presidential rank awards under 5 U.S.C. 4507 and 4507a; and (5) Recruitment, relocation, and retention incentives 5 U.S.C. 5753 and 5754. (i) A recognition payment under this section is in lieu of the types of awards and incentives provided under 5 U.S.C. listed in paragraph (h) of this section, and a DHS-CS employee is ineligible to receive any such awards or incentives. (j) An individual selected for employment in the DHS-CS is ineligible to receive, as part of the offer of employment, any other offer of a monetary award or incentive, a payment in addition to salary, or other monetary recognition from the Department except as provided in this section and § 158.630. An individual appointed to an advisory appointment is also ineligible to receive, as part of an offer of employment in the DHS-CS, any offer of recognition under this section. (k) A recognition payment under this section for a DHS-CS advisory appointee is subject to additional requirements and restrictions in subpart J of this part. § 158.633 Recognition time-off. (a) Under this section and § 158.630, and for the reasons and bases stated in § 158.630(a), the Department may provide recognition time-off to a DHS-CS employee for use within a designated timeframe not to exceed 26 work periods, as defined in § 158.705(c). Recognition time-off is time-off from duty without charge to leave or loss of compensation. (b) Under this section and § 158.630, and for the reasons and bases stated in § 158.630(b) and as part of an offer of employment in the DHS-CS, the Department may offer up to 40 hours of recognition time-off to an individual selected for employment in the DHS-CS for use within a designated timeframe not to exceed 26 work periods, as defined in § 158.705(b). The Department may require a service agreement as part of providing, upon appointment, recognition time-off to an individual selected for employment in the DHS-CS. (c) All recognition time-off provided, and the use of such time-off, must be recorded in a timekeeping system for purposes of salary administration and leave administration under this part. (d) Recognition time-off provided under this section may not, under any circumstances, be converted to a cash payment to the receiving DHS-CS employee or any other type of time-off or leave. (e) Recognition time-off under this section is based on time-off awards provided under the provisions of 5 U.S.C. 4502(e). (f) Recognition time-off under this section is in lieu of the time-off awards provided under 5 U.S.C. 4502(e), and a DHS-CS employee is ineligible to receive any such awards. (g) An individual selected for employment in the DHS-CS is ineligible to receive, as part of the offer of employment, any other offer of time-off or time-off award from the Department except as provided in this section and §§ 158.630 and 158.651. An individual appointed to an advisory appointment is also ineligible to receive, as part of an offer of employment in the DHS-CS, any offer of recognition under this section. (h) A recognition time-off provided under this section to a DHS-CS advisory appointee is subject to additional requirements and restrictions in subpart J of this part. § 158.634 Honorary recognition. (a) Under this section and § 158.630, the Department may establish one or more honorary recognition programs to provide honorary recognition to DHS-CS employees for the reasons and bases stated in § 158.630(a). The Department may incur necessary expenses for honorary recognition under an honorary recognition program established under this section. (b) Honorary recognition under this section is based on honorary recognition provided under the provisions of 5 U.S.C. 4503, and a DHS-CS employee may be eligible to receive honorary recognition under 5 U.S.C. 4503 and 5 CFR part 451 in addition to any honorary recognition under this section. (c) The Department may provide honorary recognition under this section to a former DHS-CS employee or to the legal heirs or estate of a former DHS-CS employee in accordance with 5 U.S.C. 4505. (d) Honorary recognition under this section for a DHS-CS advisory appointee is subject to additional requirements in subpart J of this part. Other Special Payments § 158.640 Professional development and training. (a) In alignment with the compensation strategy described in § 158.601 and the career development program described in § 158.803, the Department may provide professional development and training opportunities, payments, and reimbursements for DHS-CS employees. (b) CTMS policy implementing this section addresses: (1) Eligibility criteria; (2) Requirements for documenting the reason and basis for professional development and training opportunities, payments, and reimbursements provided to a DHS-CS employee; (3) Appropriate levels of review and approval for providing professional development and training opportunities, payments, and reimbursements; (4) Any limitations on the total number or frequency of professional development and training opportunities, and any limitations on the total number, frequency, or amount of professional development and training payments and reimbursements a DHS-CS employee may receive, within any specific time period; (5) Any service agreement requirements; (6) Requirements for communicating to DHS-CS employees and their supervisors about professional development and training opportunities; and (7) Processes for evaluating the effectiveness of the professional development and training in supporting the purpose of CTMS described in § 158.101, the purpose of the DHS-CS described in § 158.202, and the operationalization of the compensation strategy described in § 158.601. (c) Any payment or reimbursement under this section is excluded from the aggregate compensation limit described in § 158.604. (d) Any payment or reimbursement under this section is not salary under this part and is not basic pay for any purpose under 5 U.S.C. or 5 CFR. (e) Professional development and training under this section is based on the following training and professional development opportunities, payments, and reimbursements provided under 5 U.S.C.: (1) Sabbaticals under 5 U.S.C. 3396; (2) Academic degree training under 5 U.S.C. 4107; (3) Expenses of training under 5 U.S.C. 4109; (4) Expenses of attendance at meetings under 5 U.S.C. 4110; and (5) Payment of expenses to obtain professional credentials under 5 U.S.C. 5757. (f) In addition to any professional development and training under this section, a DHS-CS employee may be eligible to receive the training and professional development opportunities, payments, and reimbursements provided under 5 U.S.C. listed in paragraph (e) of this section. (g) Professional development and training under this section for a DHS-CS advisory appointee is subject to additional requirements and restrictions in subpart J of this part. § 158.641 Student loan repayments. (a) In alignment with the compensation strategy described in § 158.601, the Department may provide a student loan repayment to a DHS-CS employee under this section and in accordance with 5 U.S.C. 5379 and 5 CFR part 537, except that: (1) The maximum payment amounts under 5 U.S.C. 5379 and 5 CFR part 537 do not apply, and the Department may provide and a DHS-CS employee may receive a student loan repayment under this section so long as such repayment does not exceed $16,500 per employee per calendar year and a total of $90,000 per employee; (2) The minimum service period length of three years under 5 U.S.C. 5379 and 5 CFR part 537 does not apply, and instead the length of a minimum service period for a DHS-CS employee receiving a student loan repayment under this section is determined under CTMS policy and based on the amount of the repayment received by the employee; and (3) Eligibility criteria related to time-limited appointments under 5 U.S.C. 5379 and 5 CFR part 537 do not apply, and a DHS-CS employee in a renewable appointment may receive a student loan payment under this section. (b) In alignment with eligibility criteria under 5 U.S.C. 5379 and 5 CFR part 537: (1) If the Department determines a DHS-CS employee's performance is unacceptable, as defined in 5 U.S.C. 4301(3), or the employee receives an unacceptable rating of record under § 158.804, or the Department determines the employee has engaged in misconduct, the employee is ineligible to receive a student loan repayment under this section. (2) A DHS-CS advisory appointee is ineligible to receive a student loan repayment under this section. (c) CTMS policy implementing this section addresses: (1) Eligibility criteria; (2) Requirements for documenting the reason and basis for a student loan repayment provided to a DHS-CS employee; (3) Appropriate levels of review and approval for providing a student loan repayment; (4) Service agreement requirements, including minimum service periods; (5) Any additional limitations on student loan repayments; and (6) Processes for evaluating the effectiveness of student loan repayments in supporting the purpose of CTMS described in § 158.101, the purpose of the DHS-CS described in § 158.202, and the operationalization of the compensation strategy described in § 158.601. (d) Any student loan repayment provided under this section is excluded from the aggregate compensation limit described in § 158.604. (e) Any student loan repayment provided under this section is not salary under this part and is not basic pay for any purpose under 5 U.S.C. or 5 CFR. § 158.642 Special working conditions payment program. (a) In alignment with the compensation strategy described in § 158.601, the Department may establish a program to provide payments to DHS-CS employees to address special working conditions that are otherwise unaccounted for or the Department determines are accounted for insufficiently in DHS-CS employees' other types of additional compensation and salary. (b) Special working conditions include circumstances in which a supervisor or other appropriate official requires a DHS-CS employee to perform DHS-CS cybersecurity work that involves, as determined by the Department: (1) Unusual physical or mental hardship; (2) Performing work at atypical locations, at unexpected times, or for an uncommon duration of time exceeding the expectation described in § 158.601(c) about working unusual hours and extended hours; or (3) A combination of the conditions described in paragraphs (b)(1) and (2) of this section. (c) A payment for special working conditions is a payment of up to 25 percent of the receiving DHS-CS employee's salary as computed for a work period, defined in § 158.705(b), or a series of work periods. (d) The Department determines whether to establish, adjust, or cancel a program under this section based on information from: (1) The work scheduling system described in § 158.705; and (2) Strategic talent planning described in § 158.401(c), including information about current compensation practices of other cybersecurity employers analyzed under the talent market analysis described in § 158.403. (e) The Department determines eligibility for a payment for special working conditions under this section and CTMS policy implementing this section. (1) A DHS-CS employee who receives a payment for special working conditions under a program established under this section is not automatically eligible or entitled to receive any additional such payments. (2) A DHS-CS employee receiving a salary equal to or greater than EX-IV is ineligible to receive a payment under this section. (3) A DHS-CS advisory appointee is ineligible to receive a payment for special working conditions under this section. (f) CTMS policy implementing this section addresses: (1) Eligibility criteria; (2) Requirements for documenting the reason and basis for payments for special working conditions provided to a DHS-CS employee; (3) Appropriate levels of review and approval for providing payments for special working conditions; (4) Any limitations on payments for special working conditions; (5) Requirements for determining whether a payment for special working conditions is a lump sum payment, paid in installments, or a recurring payment; and (6) Processes for evaluating the effectiveness of any special working conditions payment program in supporting the purpose of CTMS described in § 158.101, the purpose of the DHS-CS described in § 158.202, and the operationalization of the compensation strategy described in § 158.601. (g) Any payment under this section is subject to and may be limited by the aggregate compensation limit described in § 158.604. (h) Any payment under this section is not salary under this part and is not basic pay for any purpose under Title 5 U.S.C. or 5 CFR. (i) A payment for special working conditions under this section is based on the following types of payments provided under 5 U.S.C.: (1) Night, standby and hazardous duty differential under 5 U.S.C. 5545; (2) Pay for Sunday and holiday work under 5 U.S.C. 5546; and (3) Extended assignment incentives under 5 U.S.C. 5757. (j) A payment for special working conditions under this section is in lieu of the types of payment provided under 5 U.S.C. listed in paragraph (g) of this section, and a DHS-CS employee is ineligible to receive any such payments under 5 U.S.C. § 158.643 Allowance in nonforeign areas. (a) A DHS-CS employee is eligible for and may receive an allowance under 5 U.S.C. 5941 and implementing regulations in 5 CFR part 591, subpart B, on the same basis and to the same extent as if the employee is an employee covered by those authorities. (b) The Department provides an allowance described in paragraph (a) of this section to any DHS-CS employee who is eligible, as described in paragraph (a), for such allowance. (c) Any allowance provided under this section is excluded from the aggregate compensation limit described in § 158.604. (d) Any allowance provided under this section is not salary under this part and is not basic pay for any purpose under 5 U.S.C. or 5 CFR. (e) Any allowance under this section for a DHS-CS advisory appointee is subject to additional requirements and restrictions in subpart J of this part. Other Compensation Provided in Accordance With Relevant Provisions of Other Laws § 158.650 Holidays. In alignment with salary administration under § 158.622 and work scheduling under § 158.705, the Department provides holidays to a DHS-CS employee under this section and in accordance with 5 U.S.C. 6103-6104 and 5 CFR part 610, subpart B. § 158.651 Leave. (a) Leave. (1) Annual leave, as described in 5 U.S.C. Chapter 63, Subchapter I; (2) Sick leave, as described in 5 U.S.C. Chapter 63, Subchapter I; (3) Other paid leave, as described in 5 U.S.C. Chapter 63, Subchapter II; (4) Voluntary transfers of leave, as described in 5 U.S.C. Chapter 63, Subchapter III; (5) Voluntary leave bank programs, as described in 5 U.S.C. Chapter 63, Subchapter IV; (6) Family and medical leave, as described in 5 U.S.C. Chapter 63, Subchapter V; and (7) Leave transfer in disasters and emergencies, as described in 5 U.S.C. Chapter 63, Subchapter VI. (b) Annual leave accrual. (c) Annual leave accumulation. (d) Leave credits. (e) Annual leave balance upon leaving the DHS-CS. (f) Leave administration. § 158.652 Compensatory time-off for religious observance. In alignment with salary administration under § 158.622 of this part and work scheduling under § 158.705, the Department provides compensatory time-off for religious observance to a DHS-CS employee under this section and in accordance with 5 U.S.C. 5550a and 5 CFR 550, subpart J. § 158.653 Other benefits. (a) In alignment with salary administration under § 158.622, leave administration under § 158.651, and work scheduling under § 158.705, the Department provides benefits, including retirement, health benefits, and insurance programs, to a DHS-CS employee under this section and in accordance with 5 U.S.C. Chapters 81-90 and 5 CFR parts 831 and 838-894. (b) The Department administers the benefits of an annuitant appointed to a qualified position in accordance with 5 U.S.C. 8344, 5 U.S.C. 8468, 5 CFR 553.203, or 5 CFR part 837, as applicable. (c) The Department provides a transportation subsidy to a DHS-CS employee under this section and in accordance with 5 U.S.C. 7905. § 158.654 Other payments. (a) The Department provides the following other types of payments to a DHS-CS employee under this section and in accordance with the relevant provisions of law referenced in this section: (1) Severance pay under this section, and the Department provides any severance pay in accordance with 5 U.S.C. 5595 and 5 CFR part 550, subpart G, except that separation from the DHS-CS because of a lapse or nonrenewal of a DHS-CS employee's appointment under this part or because of a DHS-CS employee's refusal to accepted a directed subsequent assignment, described in § 158.708, is not an involuntary separation, and the former DHS-CS employee is not entitled to severance pay. (2) Lump-sum leave payouts under this section, and the Department provides any lump-sum leave payouts in accordance with 5 U.S.C. 5551 and 5552 and 5 CFR part 550, subpart L. (3) Voluntary separation incentive payments under this section, and the Department provides any such payments in accordance with 5 U.S.C. 3521-3525 and 5 CFR part 576. (4) Reservist differential under this section, and the Department provides any such differential in accordance with 5 U.S.C. 5538. (5) Quarters allowances under this section, and the Department provides any such allowances in accordance with 5 U.S.C. Chapter 59, Subchapter II, the Department of State Standardized Regulations and any implementing supplements issued by the Department of State, and 5 CFR part 591, subpart C. (6) Overseas differentials and allowances under this section, and the Department provides any such differentials and allowances in accordance with 5 U.S.C. Chapter 59, Subchapter III, the Department of State Standardized Regulations and any implementing supplements issued by the Department of State, and 5 CFR part 591, subpart C. (7) Remote worksite allowances, foreign currency allowances, and hostile fire pay under this section, and the Department provides any such allowances and pay in accordance with 5 U.S.C. Chapter 59, Subchapter IV. (8) Other similar payments described in CTMS policy as being authorized under this part and provided in accordance with relevant provisions of other laws. (b) A payment for any quarter allowances, overseas differentials and allowances, and remote worksite allowances, foreign currency allowances, and hostile fire pay under paragraphs (a)(5) through (7) of this section is subject to and may be limited by the aggregate compensation limit described in § 158.604. A payment for any severance pay, lump-sum leave payout, voluntary separation inventive payment, and reservist differential under paragraphs (a)(1) through (4) of this section is not subject to the aggregate compensation limit described in § 158.604. A payment under paragraph (a)(8) of this section may be subject to and limited by the aggregate compensation limit described in § 158.604, as described in CTMS policy. (c) Any payment under this section is not salary under this part and is not basic pay for any purpose under Title 5 U.S.C. or 5 CFR. § 158.655 Administering compensation in accordance with relevant provisions of other laws. (a) For purposes of administering compensation authorized under §§ 158.650 through 158.654 in accordance with relevant provisions of other laws: (1) The Department may convert a DHS-CS employee's salary into an hourly rate, biweekly rate, or other rate, and administer compensation based on consideration of the DHS-CS employee's work schedule under the work scheduling system described in § 158.705; (2) A DHS-CS employee's hours of work and related computations are determined under the relevant provisions of law referenced in §§ 158.650 through 158.654 and CTMS policy implementing this section; (3) A DHS-CS employee on a part-time schedule described in § 158.705 is treated as if the employee is serving “part-time career employment” defined in 5 CFR 340.101; and (4) A DHS-CS employee on a contingent schedule described in § 158.705 is treated as if the employee is serving “intermittent employment” defined in 5 CFR 340.401. (b) If, in administering compensation under §§ 158.650 through 158.654, the Department determines it is necessary to clarify the relationship between those sections and the relevant provisions of law referenced in those sections and any other relevant provisions of other laws, the Department will address the issue in new or revised CTMS policy. Subpart G—Deploying Talent § 158.701 Deployment program. (a) Deployment program. (1) Guide when the Department uses CTMS to recruit and retain individuals possessing CTMS qualifications; and (2) Operationalize aspects of the work valuation system, the talent acquisition system and the compensation system, described in §§ 158.404, 158.501, and 158.602 respectively. (b) Under the deployment program, the Department: (1) Designates qualified positions as described in § 158.702; (2) Designates and staffs assignments as described in § 158.703; (3) Determines and documents a DHS-CS employee's official worksite as described in § 158.704; (4) Administers a work scheduling system as described in § 158.705; and (5) Performs necessary recordkeeping as described in § 158.706. § 158.702 Designating qualified positions. (a) When a DHS organization requires individuals possessing CTMS qualifications to ensure the most effective execution of the DHS cybersecurity mission and the recruitment and retention of such individuals would likely be enhanced by using CTMS, the Secretary or designee designates qualified positions. (b) CTMS policy implementing this section addresses: (1) Procedures for DHS organizations to request using CTMS; (2) Requirements for DHS organization using CTMS; and (3) Information necessary to designate qualified positions. (c) Designating qualified positions may result in: (1) Establishing one or more qualified positions under the talent acquisition system, described in § 158.501; or (2) Designating and staffing one or more assignments as described in § 158.703; or (3) Both results described in paragraphs (c)(1) and (2) of this section. (d) Designating qualified positions involves budget and fiscal considerations related to establishing one or more qualified positions under the talent acquisition system, described in § 158.501. § 158.703 Designating and staffing assignments. (a) Designating assignments. (b) Staffing assignments. (1) Matching assignments with DHS-CS employees as described in paragraph (d) of this section; (2) Matching assignments with newly appointed individuals as described in paragraph (c) of this section; or (3) Seeking to recruit individuals and establish new qualified positions under the talent acquisition system described in § 158.501 and then matching assignments with newly appointed individuals as described in paragraph (c) of this section. (c) Initial assignment. (1) Input from the individual; (2) Input from DHS organizations; (3) Mission-related requirements; and (4) Strategic talent priorities. (d) Subsequent assignments. (1) The Department matches a DHS-CS employee with a subsequent assignment based on the alignment of the employee's CTMS qualifications with the CTMS qualifications of an assignment. In matching a DHS-CS employee with a subsequent assignment, the Department may also consider: (i) Input from the employee; (ii) Input from DHS organizations, especially the primary DHS organization of the employee's current assignment; (iii) Information about the employee from the performance management program described in § 158.802 and the career development program described in § 158.803; (iv) Mission-related requirements; and (v) Strategic talent priorities. (2) A DHS-CS employee may have multiple assignments throughout the employee's service in a qualified position, but may only have one assignment at a time. A DHS-CS employee's subsequent assignments may have assignment information, described in § 158.706(e), that is different than the assignment information of the employee's initial assignment, including primary DHS organization. (3) In alignment with the career development program described in § 158.803 and based on information from development reviews described in § 158.806 the Department communicates with DHS-CS employees on an ongoing basis about subsequent assignment opportunities; § 158.704 Official worksite. (a) Definition. (b) Determination. (c) Documentation. § 158.705 Work scheduling. (a) Work scheduling system. (1) Agility for the Department in scheduling DHS-CS cybersecurity work to execute the DHS cybersecurity mission; (2) Availability of DHS-CS employees to perform the DHS-CS cybersecurity work of their assignments; (3) Clear expectations for DHS-CS employees about when they are expected to perform DHS-CS cybersecurity work associated with their assignments; (4) Flexibility for DHS-CS employees in scheduling and performing DHS-CS cybersecurity work associated with their assignments; and (5) Recording of, accounting for, and monitoring of hours worked by DHS-CS employees. (b) Definitions. (1) Work period biweekly pay period (2) Minimum hours of work basic work requirement (3) Time-off (4) Full-time schedule (5) Part-time schedule (6) Contingent schedule (c) Employee work schedules. (2) A DHS-CS employee's work schedule, and any minimum hours of work, may change during the employee's service in a qualified position and the Department records any such changes in the documentation associated with the employee's qualified position under § 158.706. (d) Work schedule requirements. (2) A DHS-CS employee on a full-time schedule is expected to work at least 80 hours per work period. (3) A DHS-CS employee on a part-time schedule is expected to work at least the employee's specified number of hours of work per work period. (4) A DHS-CS employee on a contingent schedule is expected to work as necessary to perform the DHS-CS cybersecurity work associated with the employee's assignment, not to exceed the maximum number of total hours for the employee's appointment. (5) DHS-CS employees must report hours worked by the employee. The Department monitors such hours for purposes of managing the DHS-CS, including considering any changes to DHS-CS employees' schedules, and administering compensation, including assisting in consideration of any additional compensation for DHS-CS employees under § 158.642. (6) A DHS-CS employee on a full-time schedule or a part-time schedule must account for minimum hours of work by the conclusion of the last day of the work period. If the hours worked by the employee are less than the employee's minimum hours of work, the employee must use time-off approved by the employee's supervisor, or must be placed in an appropriate non-pay status for the purposes described in paragraphs (a)(1) and (2) of this section, to account for the difference between hours actually worked by the employee and the employee's minimum hours of work. (7) A DHS-CS employee on a full-time schedule or a part-time schedule, in coordination with the employee's supervisor, may adjust when work hours are completed in a given work period, to ensure time-off for religious observance, while also completing minimum hours of work. A DHS-CS employee on a contingent schedule, in coordination with the employee's supervisor, may adjust when work hours are completed to ensure time-off for religious observance. (e) Hours worked and compensation. (1) Acknowledges the unpredictable nature of cybersecurity work and the expectation described in § 158.601(c) about working unusual hours and extended hours as needed; and (2) Reflects an understanding of the cybersecurity talent market, especially current work expectations and arrangements. (f) Policy. (1) Procedures for determining, recording, and updating as necessary, DHS-CS employees' work schedules; (2) Procedures for selecting and communicating anticipated work hours in advance and communicating variances from those work hours; (3) Requirements regarding reporting and monitoring hours worked; (4) Procedures for accounting for minimum hours of work; and (5) Other work scheduling requirements for DHS-CS employees, including DHS-CS employees supporting specific DHS organizations. Such requirements may include designated days, hours, core hours, or limits on the number of work hours per day; § 158.706 Recordkeeping. (a) Generally. (b) Documenting a qualified position. (1) CTMS qualifications and the DHS-CS cybersecurity work that can be performed through application of those qualifications; (2) Applicable work and career structures established under the work valuation system described in § 158.404; (3) Salary under the compensation system described in § 158.602; (3) Assignment information described in paragraph (e) of this section; (4) Official worksite described in § 158.704; and (5) Work schedule described in § 158.705. (c) Updating qualified position documentation. (d) Documenting an assignment. (e) Assignment information. (1) Statement of cybersecurity work activities; (2) Timeframe, such as anticipated duration; (3) Primary DHS organization; (4) Personnel security requirements; (5) Location, such as official worksite determined under § 158.704; (6) Information related to work scheduling under § 158.705; and (7) Information related to the performance management program, including information relevant to appraisal reviews, mission impact reviews, and development reviews, described in subpart H of this part. (f) Integrating with existing processes. § 158.707 Details and opportunities outside DHS. (a) DHS-CS employees serving in renewable appointments or continuing appointments may be detailed to: (1) A position in the excepted service in another agency under 31 U.S.C. 1535; (2) A position in the SES in another agency under 5 CFR 317.903; (3) A position in the competitive service in another agency under 31 U.S.C. 1535 and 5 CFR 300.301, if approved by the Director of the Office of Personnel Management; (4) Certain offices of the White House under 3 U.S.C.112; (5) The Congress under 2 U.S.C. 4301(f); (6) An international organization under 5 U.S.C. 3343; or (7) Another detail opportunity under other provisions of applicable law. (b) Individuals from outside the DHS-CS may not be detailed to a qualified position. (c) DHS-CS employees serving in continuing appointments may be assigned to eligible non-Federal organizations under the Intergovernmental Personnel Act in accordance with 5 U.S.C. 3371-3375 and 5 CFR part 334. § 158.708 Directed assignments. (a) Occasionally, the Department may direct a subsequent assignment of a DHS-CS employee, and such a directed subsequent assignment may require a change in the employee's official worksite, determined under § 158.704. For such directed subsequent assignments of a DHS-CS employee, the Department pays or reimburses expenses or allowances under and in accordance with the Federal Travel Regulations at 41 CFR chapters 301 and 302, and for such directed assignments that are not temporary, DHS provides notice to and consultation with the employee as described in this paragraph. (b) Directed subsequent assignments expected to last less than six months are considered temporary, and for purposes under the Federal Travel Regulations at 41 CFR chapters 301 and 302, are temporary duty. (c) For such directed subsequent assignments expected to last six months or more and with an official worksite in a DHS-CS employee's current commuting area, defined in 5 CFR 550.703, the Department provides the employee written notice at least 30 calendar days before the effective date of the subsequent assignment. This notice requirement may be waived only when the employee consents in writing. (d) For such directed subsequent assignments expected to last six months or more and with an official worksite outside of a DHS-CS employee's current commuting area, defined in 5 CFR 550.703, DHS consults with the employee on the reasons for, and the employee's preferences regarding, the proposed change in assignment. Following such consultation, the Department provides the employee written notice at least 90 calendar days before the effective date of the assignment. This notice requirement may be waived only when the employee consents in writing. § 158.709 Exemption from other laws regarding deployment. The provisions of laws, among other similar laws, listed in §§ 158.405, 158.502, and 158.605 do not apply under CTMS, to the DHS-CS, or to talent management involving the individuals described in § 158.103. Subpart H—Developing Talent Authority: 5 U.S.C. Chapters 41 and 43; 5 CFR parts 410 and 430. § 158.801 Definitions. As used in this subpart: Appraisal Appraisal period Appraisal program Appraisal system performance appraisal system Mission impact Performance Performance rating Progress review Rating of record § 158.802 Performance management program. (a) In alignment with the DHS-CS's core values described in § 158.305 and the compensation strategy described in § 158.601, the Secretary or designee establishes and administers a systematic performance management program to: (1) Establish and maintain individual accountability among DHS-CS employees; (2) Manage, recognize, and develop the performance of each DHS-CS employee; and (3) Improve effectiveness of DHS-CS employees in executing the DHS cybersecurity mission. (b) The performance management program comprises the following ongoing reviews: (1) Appraisal reviews described in § 158.804; (2) Mission impact reviews described in § 158.805; and (3) Development reviews described in § 158.806. (c) To complete appraisal reviews, mission impact reviews, and development reviews for a DHS-CS employee, the Department may collect, on a periodic or ongoing basis, information and input from: (1) The DHS-CS employee; (2) Other DHS-CS employees; (3) The employee's supervisor; and (4) Other appropriate officials. § 158.803 Career development program. (a) Career development program. (1) Guide the career progression of each DHS-CS employee; (2) Ensure development of the collective expertise of DHS-CS employees through continual learning; and (3) Ensure continued alignment between the qualifications of DHS-CS employees and CTMS qualifications. (b) Career progression. (1) Information from development reviews, described in § 158.806; (2) Mission-related requirements; and (3) Strategic talent priorities. (c) Commitment to continual learning. (d) Verification of qualifications enhancements. § 158.804 Appraisal reviews. (a) Under 5 U.S.C. Chapter 43 and 5 CFR part 430, the Department establishes an appraisal program to review and evaluate the performance of DHS-CS employees to ensure DHS-CS employees' individual accountability. (b) The appraisal program for DHS-CS employees includes one or more progress reviews, as defined in 5 CFR 430.203, and an appraisal of an employee's performance that results in a rating of record, as defined in 5 CFR 430.203. (c) The Department addresses unacceptable performance, as defined in 5 U.S.C. 4301(3), under the provisions of 5 CFR part 432 or part 752. The CTMB may assist with any decision, or action, or both, made under the authority in this section and 5 CFR part 430 and 5 CFR part 432 or 752. (d) If the Department determines a DHS-CS employee's performance is unacceptable or the employee receives an unacceptable rating of record, the employee is ineligible to receive recognition under §§ 158.630 through 158.634 and the employee may be excluded from mission impact reviews under § 158.805. § 158.805 Mission impact reviews. (a) The Department reviews a DHS-CS employee's mission impact throughout the employee's service in the DHS-CS and generates a mission impact summary at least annually. The Department may conduct mission impact reviews concurrently with development reviews. (b) In reviewing a DHS-CS employee's mission impact, individually or as part of a group of DHS-CS employees, or both, the Department considers factors such as: (1) Superior application of CTMS qualifications to perform DHS-CS cybersecurity work; (2) Significant enhancements to CTMS qualifications; (3) Special contributions to cybersecurity technologies, techniques, tactics, or procedures; and (4) Notable improvements to execution of the DHS cybersecurity mission. (c) The Department uses mission impact summary information to make distinctions among DHS-CS employees, such as comparing, categorizing, and ranking DHS-CS employees on the basis of mission impact to support decisions related to recognition for DHS-CS employees under §§ 158.630 through 158.634. § 158.806 Development reviews. (a) The Department reviews a DHS-CS employee's career progression, as described in § 158.803(b) throughout the employee's service in the DHS-CS. The Department generates a development summary, at least annually, which may include plans for a DHS-CS employee's continual learning in alignment with the criteria for continual learning under the career development program described in § 158.803. (b) As part of development reviews, the Department may compare, categorize, and rank DHS-CS employees to support decisions related to professional development and training under § 158.640. The Department may also use information from development reviews in matching subsequent assignments under § 158.703. The Department may conduct development reviews concurrently with mission impact reviews. Subpart I—Employee Rights, Requirements, and Input § 158.901 Federal employee rights and processes. (a) Adverse actions: (b) Reductions in force. (c) Redress with third parties. (1) Equal Employment Opportunity Commission, regarding discrimination under Federal anti-discrimination laws; (2) Merit Systems Protection Board, regarding matters such as adverse actions under 5 U.S.C. Chapter 75 or Chapter 43 and individual rights of action under 5 U.S.C. Chapter 12; (3) Office of Special Counsel, regarding matters such as whistleblower retaliation and other prohibited personnel practices under 5 U.S.C. 2302 and the Hatch Act (5 U.S.C. 7321 et seq. (4) Department of Labor, regarding matters covered by the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301 et seq. (d) Back pay. § 158.902 Ethics requirements. (a) DHS-CS employees, including such employees providing uncompensated service and DHS-CS advisory appointees, are employees covered by the Ethics in Government Act section 101(f)(3), and are subject to the criminal conflict of interest rules as well as government ethics requirements applicable to Federal employees, including: (1) Criminal conflict of interest provisions in 18 U.S.C. 201-209; (2) Ethics in Government Act, as amended, and implementing regulations in 5 CFR, Chapter XVI, Subchapter B, including financial disclosure reporting in 5 CFR part 2634 and the Standards of Ethical Conduct for Employees of the Executive Branch in 5 CFR part 2635; (3) Supplemental Standards of Ethical Conduct for Employees of the Department of Homeland Security in 5 CFR part 4601; and (4) Department policy. (b) Under the ethics requirements described in paragraph (a) of this section, DHS-CS employees must seek approval for certain outside activities, comply with ethics program requirements, and other applicable laws, including post-government employment restrictions. § 158.903 Employee input program. (a) Program. (b) Policy. (1) Talent management actions covered by the employee input program; (2) The process for DHS-CS employees to express input; and (3) The interaction of the employee input program with relevant processes for redress with third parties of employment-related actions, including those described in § 158.901. Subpart J—Advisory Appointments § 158.1001 Advisory appointments and advisory appointees. (a) An advisory appointment is an appointment to a qualified position that: (1) The Secretary determines is of a policy-determining, policy-making, or policy-advocating character or involves a close and confidential working relationship with the Secretary or other key appointed officials; (2) Does not have a salary set by statute; and (3) Is not required to be filled by an appointment by the President. (b) An advisory appointment to a qualified position is treated as a Schedule C position under 5 CFR 213.3301 except regarding appointment and compensation. Talent management for a DHS-CS advisory appointee is in accordance with the provisions of 5 CFR applicable to Schedule C appointees, except that appointment and compensation for a DHS-CS advisory appointee is governed by this part. (c) Employment restrictions such as those concerning the criminal conflict of interest statutes, standards of ethical conduct, partisan political activity, and contained in laws such as Executive Orders, government-wide ethics regulations and the Hatch Act (5 U.S.C. 7321 et seq. (d) The Department tracks and coordinates advisory appointments with the Executive Office of the President and the Office of Personnel Management (OPM), as appropriate. § 158.1002 Appointment of advisory appointees. (a) Appointment of an individual, including a former DHS-CS employee, to an advisory appointment is governed by this subpart J and subpart E of this part. (b) An individual for appointment to an advisory appointment must participate in the assessment program described in § 158.520. The Secretary or designee must approve the appointment of an individual to an advisory appointment by name, and an individual appointed to an advisory appointment serves at the will of the Secretary. (c) A DHS-CS advisory appointee may be removed at any time. In accordance with 5 U.S.C. 7511(b), the provisions of 5 U.S.C. Chapter 75, subchapter II do not apply to talent management actions taken under this part for a DHS advisory appointee. (d) An advisory appointment terminates no later than the end of the term of the U.S. President under which the advisory appointee was appointed. (e) The Secretary or designee establishes a limit on the number of advisory appointments under this subpart J, and the total number of advisory appointments under this subpart may not exceed that limit at any time. (f) The Department may not change an advisory appointment to a renewable appointment or continuing appointment. (g) The Department may not use an advisory appointment solely or primarily for the purpose of detailing any individual to the White House. § 158.1003 Compensation for advisory appointees. (a) General. (b) Compensation. (c) Salary. (1) Setting salary. (2) Adjusting salary. (3) Extended range. (4) Local cybersecurity talent market supplement. (d) Additional compensation. (1) Types. (i) Recognition adjustments under § 158.631, except the Secretary or designee must approve any such recognition for a DHS-CS advisory appointee; (ii) Recognition payments under § 158.632, except the Secretary or designee must approve any such recognition for a DHS-CS advisory appointee; (iii) Recognition time-off under § 158.633, except the Secretary or designee must approve any such recognition for a DHS-CS advisory appointee; (iv) Honorary recognition under § 158.634; (v) Professional development and training under § 158.640, so long as a professional development and training program described in § 158.640 explicitly covers DHS-CS advisory appointee and prohibits such employees from receiving any payment or reimbursement for costs of academic degree training or expenses to obtain professional credentials, including examinations to obtain such credentials; (vi) Allowances in nonforeign areas under § 158.643; and (vii) Other types of compensation, including leave and benefits, authorized under §§ 158.650 through 158.655 and provided in accordance with relevant provisions of other laws. (2) Combining types. (3) Restrictions. (i) The aggregate compensation limit described in § 158.604; (ii) Prohibitions in 5 U.S.C. 4508, guidance from the Office of Management and Budget and Office of Personnel Management, and any other provisions of law governing compensation for political appointees; and (iii) Other requirements and restrictions in CTMS policy. (e) Compensation administration.

6 CFR Part 158 — Cybersecurity Talent Management System (CTMS)

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