(a) Adverse actions: Nothing in this part affects the rights of CS employees under 5 U.S.C. Chapter 75, 5 U.S.C. 4303, and 5 CFR parts 432 and 752.

(b) Reductions in force. The provisions of 5 U.S.C. Chapter 35, Subchapter I and 5 CFR part 351 regarding reductions in force apply to talent management actions taken under this part.

(c) Redress with third parties. Nothing in this part affects the rights, as provided by law, of a DHS-CS employee to seek review before a third party of a talent management action taken under this part involving that employee, including seeking review before the:

(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.); and

(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. Back pay remains available under 5 U.S.C. 5596 and 5 CFR part 550, subpart H, for unjustified or unwarranted talent management actions.

(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.

(a) Program. The Department establishes and administers a program for DHS-CS employees to express employment-related concerns and recommendations for enhancing CTMS administration and DHS-CS management. Under such a program, a DHS-CS employee may request review of certain talent management actions related to the employee's employment in the DHS-CS or related to the processes, systems, and programs established under this part, or both. The Cybersecurity Talent Management Board may use information from this program for the periodic evaluation of CTMS described in § 158.302.

(b) Policy. CTMS policy implementing this section addresses:

(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.