CFR Subpart G

CFR Subpart G
in effect

6 C.F.R. § 158.701 Deployment program.

(a) Deployment program. The Secretary or designee establishes and administers a deployment program to: (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.

6 C.F.R. § 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.

6 C.F.R. § 158.703 Designating and staffing assignments.

(a) Designating assignments. The Department designates assignments by defining combinations of CTMS qualifications and DHS-CS cybersecurity work associable with qualified positions. CTMS policy implementing this section addresses procedures for DHS organizations to designate assignments, including as a result of designating qualified positions as described in § 158.702. (b) Staffing assignments. The Department staffs assignments by: (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. Upon appointment of an individual to a qualified position, the Department matches the individual with an assignment based on the alignment of the individual's CTMS qualifications, determined under the assessment program described in § 158.520, to the CTMS qualifications of an assignment. In matching an individual with an initial assignment, the Department may also consider: (1) Input from the individual; (2) Input from DHS organizations; (3) Mission-related requirements; and (4) Strategic talent priorities. (d) Subsequent assignments. The Department matches DHS-CS employees with assignments subsequent to employees' initial assignments, as necessary. (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;

6 C.F.R. § 158.704 Official worksite.

(a) Definition. A DHS-CS employee's official worksite is the geographic location where the employee regularly performs DHS-CS cybersecurity work or where the employee's DHS-CS cybersecurity work is based, as determined and documented by the Department under this section. (b) Determination. The Department determines a DHS-CS employee's official work site for purposes of administering compensation under this part, especially eligibility for any compensation described in §§ 158.612 and 158.643. The Department's determination of a DHS-CS employee's official worksite includes consideration of any of the following for the employee: Telework, variation in location where the employee performs DHS-CS cybersecurity work, and temporary situations affecting the location where the employee performs DHS-CS cybersecurity work. (c) Documentation. Upon appointment of an individual to a qualified position, the Department documents the individual's official worksite as part of documenting the employee's appointment to a qualified position and the employee's assignment, as described in § 158.706. The Department updates documentation of a DHS-CS employee's official worksite, if the geographic location where the DHS-CS employee regularly performs DHS-CS cybersecurity work changes and such change impacts the determination of the DHS-CS employee's official worksite under paragraph (a) of this section and such change is expected to last, or does last, for six months or more.

6 C.F.R. § 158.705 Work scheduling.

(a) Work scheduling system. The Secretary or designee establishes and administers a work scheduling system for DHS-CS employees to ensure: (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. For purposes of this section— (1) Work period means a two-week period of 14 consecutive days that begins on a Sunday and ends on a Saturday, and is the equivalent of a biweekly pay period defined in 5 U.S.C. 5504 and 5 CFR part 550, subpart F. (2) Minimum hours of work means the minimum number of hours that a DHS-CS employee is required to work, or account for with time-off, during a work period, and is the equivalent to the term basic work requirement defined in 5 U.S.C. 6121. (3) Time-off means leave under § 158.651, time-off under § 158.652, and recognition time-off under § 158.633, or other time-off of duty available for DHS-CS employees. (4) Full-time schedule means 80 hours per work period. (5) Part-time schedule means a specified number of hours less than 80 hours per work period. When DHS-CS cybersecurity work associated with a DHS-CS employee's assignment regularly requires the DHS-CS employee to exceed that employee's specified number of hours per work period, the Department considers, with input from the employee and the employee's supervisor, whether to change the employee's work schedule from part-time to full-time to ensure appropriate compensation under this part, including accrual of leave under § 158.651 and the DHS-CS employee's share of health benefits premiums provided under § 158.653. (6) Contingent schedule means an irregular number of hours up to 80 hours per work period. A contingent schedule is appropriate only when the DHS-CS cybersecurity work associated with a DHS-CS employee's assignment is sporadic and cannot be regularly scheduled in advance. When DHS-CS cybersecurity work associated with a DHS-CS employee's assignment is able to be scheduled in advance on a regular basis, the Department changes the employee's work schedule from contingent to part-time or full-time, as appropriate, to ensure appropriate compensation under this part, including accrual of leave under § 158.651 and the DHS-CS employee's share of health benefits premiums provided under § 158.653. (c) Employee work schedules. (1) A DHS-CS employee's work schedule, and any minimum hours of work associated with the employee's schedule, is determined at the time of appointment and recorded as part of documenting the employee's appointment to a qualified position under § 158.706. A DHS-CS employee on a contingent schedule does not have a minimum number of hours of work but has a maximum number of total hours for the employee's appointment that is determined at the time of appointment and recorded as part of documenting the employee's appointment to a qualified position under § 158.706. (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. (1) DHS-CS employees are expected to perform DHS-CS cybersecurity work associated with their assignments to execute the DHS cybersecurity mission, especially in response to exigent circumstances and emergencies, including cybersecurity incidents defined in 6 U.S.C. 659, without entitlement to more compensation than the employee's salary described in § 158.603. Hours worked by a DHS-CS employee that exceed the employee's minimum hours of work do not affect the employee's salary or result in any automatic compensation, including a type of additional compensation. (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. The Department uses the work scheduling system described in this section in administering compensation under this part, especially salary administration described in § 158.622 and the compensation described in §§ 158.642, 158.650, 158.651, and 158.652. In alignment with the compensation strategy, described in § 158.601, the work scheduling system: (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. CTMS policy implementing this section addresses: (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;

6 C.F.R. § 158.706 Recordkeeping.

(a) Generally. The Department documents an individual's appointment to a qualified position and creates records of a DHS-CS employee's employment in the DHS-CS in compliance with 5 U.S.C. 2951 and 5 CFR subchapter A, part 9, and subchapter B, parts 293 and 297. (b) Documenting a qualified position. The Department documents a qualified position established under this part by documenting an individual's appointment to a qualified position. Such documentation includes a description of the individual's: (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. The Department updates the documentation associated with a DHS-CS employee's qualified position, described in paragraph (a) of this section, to reflect changes affecting the employee's qualified position, including any changes to the description of information listed in paragraph (a), such as enhancements to the employee's CTMS qualifications. Except as necessary for purposes of recordkeeping under this section, any update to the documentation associated with a DHS-CS employee's qualified position is not a promotion, transfer, or reassignment for any other purpose under 5 U.S.C. or 5 CFR. (d) Documenting an assignment. The Department documents a DHS-CS employee's initial assignment as part of documenting the employee's qualified position under this section. The Department updates the documentation associated with a DHS-CS employee's qualified position for each of the employee's subsequent assignments described in § 158.703. (e) Assignment information. Documentation of each assignment under this section includes the following operational 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. For purposes of recordkeeping for DHS-CS employees, including documenting positions and assignments under this section, the Department uses existing Federal personnel recordkeeping processes, standards, requirements, and systems of record. CTMS policy implementing this section addresses integration of the approach to talent management under this part, including definitions used in this part, with existing Federal personnel recordkeeping processes, standards, requirements, and systems of record, as necessary.

6 C.F.R. § 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.

6 C.F.R. § 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.

6 C.F.R. § 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.

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