Regulations last checked for updates: Nov 22, 2024

Title 6 - Domestic Security last revised: Nov 19, 2024
§ 158.101 - Purpose.

(a) Cybersecurity Talent Management System. This part contains regulations establishing the Cybersecurity Talent Management System (CTMS) and the resulting DHS Cybersecurity Service (DHS-CS). CTMS is designed to recruit and retain individuals with the qualifications necessary to execute the DHS cybersecurity mission and is also designed to adapt to changes in cybersecurity work, the cybersecurity talent market, and the DHS cybersecurity mission.

(b) DHS Cybersecurity Service. Under this part, the Secretary or designee establishes and manages the DHS Cybersecurity Service (DHS-CS) described in subpart B of this part.

(c) Regulations & policy. The regulations in this part provide the policy framework for establishing and administering CTMS, and establishing and managing the DHS-CS. The Secretary or designee implements this part through CTMS policy defined in § 158.104.

§ 158.102 - Scope of authority.

(a) Authority. This part implements the Secretary's authority in 6 U.S.C. 658 and governs talent management involving the individuals described in § 158.103.

(b) Other laws superseded. Unless explicitly stated otherwise in this part or explicitly provided otherwise by Congress, this part supersedes all other provisions of law and policy relating to appointment, number, classification, or compensation of employees that the Secretary deems are incompatible with the approach to talent management under this part. For compensation authorized under this part, the Department provides all such compensation under the authority in 6 U.S.C. 658,and,including.S.C. and 5 CFR, to the extent compatible with the approach to talent management under this part.

(c) Preservation of authority. Nothing in this part shall be deemed or construed to limit the Secretary's authority in 6 U.S.C. 658.

§ 158.103 - Coverage.

(a) Talent management. This part covers:

(1) Establishing and administering CTMS; and

(2) Establishing and managing the DHS-CS.

(b) Individuals. This part applies to any individual:

(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 means the compensation described in § 158.603(c).

Advisory appointment means an appointment to a qualified position under subpart J of this part.

Annuitant has the same meaning as that term in 5 CFR 553.102.

Anticipated mission impact means the influence the Department anticipates an individual will have on execution of the DHS cybersecurity mission based on the individual's CTMS qualifications and application of those qualifications to successfully and proficiently perform DHS-CS cybersecurity work.

Assignment means a description of a specific subset of DHS-CS cybersecurity work and a specific subset of CTMS qualifications necessary to perform that work, the combination of which is associable with a qualified position.

Break in service means the time when an employee is no longer on the payroll of a Federal agency.

Continuing appointment means an appointment for an indefinite time period to a qualified position.

CTMS policy means the Department's decisions implementing and operationalizing the regulations in this part, and includes directives, instructions, and operating guidance and procedures.

CTMS qualifications means qualifications identified under § 158.402(c).

Cybersecurity incident has the same meaning as the term “incident” in 6 U.S.C. 659.

Cybersecurity risk has the same meaning as that term in 6 U.S.C. 659.

Cybersecurity Talent Management Board or CTMB means the group of officials described in § 158.302.

Cybersecurity Talent Management System or CTMS means the approach to talent management, which encompasses the definitions, processes, systems, and programs, established under this part.

Cybersecurity talent market means the availability, in terms of supply and demand, of talent relating to cybersecurity and employment relating to cybersecurity, including at other Federal agencies such as the Department of Defense.

Cybersecurity threat has the same meaning as that term in 6 U.S.C. 1501(5).

Cybersecurity work means activity involving mental or physical effort, or both, to achieve results relating to cybersecurity.

Department or DHS means the Department of Homeland Security.

DHS cybersecurity mission means the cybersecurity mission described in § 158.201. As stated in that section, the DHS cybersecurity mission encompasses all responsibilities of the Department relating to cybersecurity.

DHS Cybersecurity Service or DHS-CS means the qualified positions designated and established under this part and the employees appointed to those positions under this part.

DHS-CS advisory appointee means a DHS-CS employee serving in an advisory appointment under this part.

DHS-CS cybersecurity work means cybersecurity work identified under § 158.402(b).

DHS-CS employee means an employee serving in a qualified position under this part.

Employee has the same meaning as that term in 5 U.S.C. 2105.

Excepted service has the same meaning as that term in 5 U.S.C. 2103.

Executive Schedule means the pay levels described in 5 U.S.C. 5311.

Former DHS-CS employee means an individual who previously served, but is not currently serving, in a qualified position.

Functions has the same meaning as that term in 6 U.S.C. 101(9).

Mission impact means a DHS-CS employee's influence on execution of the DHS cybersecurity mission by applying the employee's CTMS qualifications to successfully and proficiently perform DHS-CS cybersecurity work.

Mission-related requirements means characteristics of an individual's expertise or characteristics of cybersecurity work, or both (including cybersecurity talent market-related information), that are associated with successful execution of the DHS cybersecurity mission, and that are determined by officials with appropriate decision-making authority.

Preference eligible has the same meaning as that term in 5 U.S.C. 2108.

Qualification means a quality of an individual that correlates with the successful and proficient performance of cybersecurity work, such as capability, experience and training, and education and certification. A capability is a cluster of interrelated attributes that is measurable or observable or both. Interrelated attributes include knowledge, skills, abilities, behaviors, and other characteristics.

Qualified position means CTMS qualifications and DHS-CS cybersecurity work, the combination of which is associable with an employee.

Renewable appointment means a time-limited appointment to a qualified position.

Salary means an annual rate of pay under this part and is basic pay for purposes under 5 U.S.C. and 5 CFR. The salary for a DHS-CS employee is described in § 158.603.

Secretary means the Secretary of Homeland Security.

Secretary or designee means the Secretary or an official or group of officials authorized to act for the Secretary in the matter concerned.

Strategic talent priorities means the priorities for CTMS and the DHS-CS set under § 158.304.

Supervisor means an employee of the Department who has authority to hire, direct, assign, promote, reward, transfer, furlough, layoff, recall, suspend, discipline, or remove employees, or to effectively recommend such actions. A supervisor for a DHS-CS employee may be a DHS-CS employee or may be an employee of the Department serving in a position outside the DHS-CS.

Talent management means a systematic approach to linking employees to mission and organizational goals through intentional strategies and practices for hiring, compensating, and developing employees.

Talent management action has the same meaning as the term personnel action in 5 U.S.C. 2302(a)(2) for applicable actions, and the terms talent management action and personnel action may be used interchangeably in this part.

Veteran has the same meaning as that term in 5 U.S.C. 2108.

Work level means a grouping of CTMS qualifications and DHS-CS cybersecurity work with sufficiently similar characteristics to warrant similar treatment in talent management under this part.

Work valuation means a methodology through which an organization defines and evaluates the value of work and the value of individuals capable of performing that work.

authority: 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.
cite as: 6 CFR 158.104