6 U.S.C. § 658
In this section:
The term "appropriate committees of Congress" means the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives.
The term "collective bargaining agreement" has the meaning given that term in section 7103(a)(8) of title 5.
The term "excepted service" has the meaning given that term in section 2103 of title 5.
The term "preference eligible" has the meaning given that term in section 2108 of title 5.
The term "qualified position" means a position, designated by the Secretary for the purpose of this section, in which the incumbent performs, manages, or supervises functions that execute the responsibilities of the Department relating to cybersecurity.
The term "Senior Executive Service" has the meaning given that term in section 2101a of title 5.
The Secretary may-
The authority of the Secretary under this subsection applies without regard to the provisions of any other law relating to the appointment, number, classification, or compensation of employees.
In accordance with this section, the Secretary shall fix the rates of basic pay for any qualified position established under paragraph (1) in relation to the rates of pay provided for employees in comparable positions in the Department of Defense and subject to the same limitations on maximum rates of pay established for such employees by law or regulation.
The Secretary may, consistent with section 5341 of title 5, adopt such provisions of that title as provide for prevailing rate systems of basic pay and may apply those provisions to qualified positions for employees in or under which the Department may employ individuals described by section 5342(a)(2)(A) of that title.
The Secretary may provide employees in qualified positions compensation (in addition to basic pay), including benefits, incentives, and allowances, consistent with, and not in excess of the level authorized for, comparable positions authorized by title 5.
An employee in a qualified position whose rate of basic pay is fixed under paragraph (2)(A) shall be eligible for an allowance under section 5941 of title 5, on the same basis and to the same extent as if the employee was an employee covered by such section 5941, including eligibility conditions, allowance rates, and all other terms and conditions in law or regulation.
Not later than 120 days after December 18, 2014, the Secretary shall submit a report to the appropriate committees of Congress with a plan for the use of the authorities provided under this subsection.
Nothing in paragraph (1) may be construed to impair the continued effectiveness of a collective bargaining agreement with respect to an office, component, subcomponent, or equivalent of the Department that is a successor to an office, component, subcomponent, or equivalent of the Department covered by the agreement before the succession.
The Secretary, in coordination with the Director of the Office of Personnel Management, shall prescribe regulations for the administration of this section.
Not 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-
The probationary period for all employees hired under the authority established in this section shall be 3 years.
An individual serving in a position on December 18, 2014, that is selected to be converted to a position in the excepted service under this section shall have the right to refuse such conversion.
After the date on which an individual who refuses a conversion under paragraph (1) stops serving in the position selected to be converted, the position may be converted to a position in the excepted service.
Not 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-
6 U.S.C. § 658
EDITORIAL NOTES
CODIFICATIONSection was formerly classified to section 147 of this title prior to renumbering by Pub. L. 115-278.
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAMEReference to National Protection and Programs Directorate of the Department of Homeland Security deemed to be a reference to the Cybersecurity and Infrastructure Security Agency of the Department, see section 652(a)(2) of this title, enacted Nov. 16, 2018.
- Department
- The term "Department" means the Department of Homeland Security.
- Secretary
- The term "Secretary" means the Secretary of Homeland Security.
- functions
- The term "functions" includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, and responsibilities.
- personnel
- The term "personnel" means officers and employees.
- Agency
- the term "Agency" means the Federal Emergency Management Agency;
- appropriate committees of Congress
- the term "appropriate committees of Congress" means-(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and(B) those committees of the House of Representatives that the Speaker of the House of Representatives determines appropriate;