6 USC 658 - Cybersecurity recruitment and retention

View all text of Part A [§ 651 - § 665n]

§ 658. Cybersecurity recruitment and retention

(a) DefinitionsIn this section:

(1) Appropriate committees of Congress

(2) Collective bargaining agreement

(3) Excepted service

(4) Preference eligible

(5) Qualified position

(6) Senior Executive Service

(b) General authority

(1) Establish positions, appoint personnel, and fix rates of pay

(A) General authorityThe Secretary may—

(i) establish, as positions in the excepted service, such qualified positions in the Department as the Secretary determines necessary to carry out the responsibilities of the Department relating to cybersecurity, including positions formerly identified as—(I) senior level positions designated under section 5376 of title 5; and(II) positions in the Senior Executive Service;

(ii) appoint an individual to a qualified position (after taking into consideration the availability of preference eligibles for appointment to the position); and

(iii) subject to the requirements of paragraphs (2) and (3), fix the compensation of an individual for service in a qualified position.

(B) Construction with other laws

(2) Basic pay

(A) Authority to fix rates of basic pay

(B) Prevailing rate systems

(3) Additional compensation, incentives, and allowances

(A) Additional compensation based on title 5 authorities

(B) Allowances in nonforeign areas

(4) Plan for execution of authorities

(5) Collective bargaining agreements

(6) Required regulations

(c) Annual reportNot later than 1 year after December 18, 2014, and every year thereafter for 4 years, the Secretary shall submit to the appropriate committees of Congress a detailed report that—

(1) discusses the process used by the Secretary in accepting applications, assessing candidates, ensuring adherence to veterans’ preference, and selecting applicants for vacancies to be filled by an individual for a qualified position;

(2) describes—

(A) how the Secretary plans to fulfill the critical need of the Department to recruit and retain employees in qualified positions;

(B) the measures that will be used to measure progress; and

(3) discusses how the planning and actions taken under paragraph (2) are integrated into the strategic workforce planning of the Department;

(4) provides metrics on actions occurring during the reporting period, including—

(A) the number of employees in qualified positions hired by occupation and grade and level or pay band;

(B) the placement of employees in qualified positions by directorate and office within the Department;

(D) the number of separations of employees in qualified positions by occupation and grade and level or pay band;

(E) the number of retirements of employees in qualified positions by occupation and grade and level or pay band; and

(F) the number and amounts of recruitment, relocation, and retention incentives paid to employees in qualified positions by occupation and grade and level or pay band; and

(5) describes the training provided to supervisors of employees in qualified positions at the Department on the use of the new authorities.

(d) Three-year probationary period

(e) Incumbents of existing competitive service positions

(1) In general

(2) Subsequent conversion

(f) Study and reportNot later than 120 days after December 18, 2014, the National Protection and Programs Directorate shall submit a report regarding the availability of, and benefits (including cost savings and security) of using, cybersecurity personnel and facilities outside of the National Capital Region (as defined in section 2674 of title 10) to serve the Federal and national need to—

(1) the Subcommittee on Homeland Security of the Committee on Appropriations and the Committee on Homeland Security and Governmental Affairs of the Senate; and

(2) the Subcommittee on Homeland Security of the Committee on Appropriations and the Committee on Homeland Security of the House of Representatives.

(Pub. L. 107–296, title XXII, § 2208, formerly title II, § 226, as added Pub. L. 113–277, § 3(a), Dec. 18, 2014, 128 Stat. 3005; renumbered title XXII, § 2208, Pub. L. 115–278, § 2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178.)