(a) An advisory appointment is an appointment to a qualified position that:
(1) The Secretary determines is of a policy-determining, policy-making, or policy-advocating character or involves a close and confidential working relationship with the Secretary or other key appointed officials;
(2) Does not have a salary set by statute; and
(3) Is not required to be filled by an appointment by the President.
(b) An advisory appointment to a qualified position is treated as a Schedule C position under 5 CFR 213.3301 except regarding appointment and compensation. Talent management for a DHS-CS advisory appointee is in accordance with the provisions of 5 CFR applicable to Schedule C appointees, except that appointment and compensation for a DHS-CS advisory appointee is governed by this part.
(c) Employment restrictions such as those concerning the criminal conflict of interest statutes, standards of ethical conduct, partisan political activity, and contained in laws such as Executive Orders, government-wide ethics regulations and the Hatch Act (5 U.S.C. 7321 et seq.), apply to a DHS-CS advisory appointee as if the employee were a Schedule C appointee.
(d) The Department tracks and coordinates advisory appointments with the Executive Office of the President and the Office of Personnel Management (OPM), as appropriate.
(a) Appointment of an individual, including a former DHS-CS employee, to an advisory appointment is governed by this subpart J and subpart E of this part.
(b) An individual for appointment to an advisory appointment must participate in the assessment program described in § 158.520. The Secretary or designee must approve the appointment of an individual to an advisory appointment by name, and an individual appointed to an advisory appointment serves at the will of the Secretary.
(c) A DHS-CS advisory appointee may be removed at any time. In accordance with 5 U.S.C. 7511(b), the provisions of 5 U.S.C. Chapter 75, subchapter II do not apply to talent management actions taken under this part for a DHS advisory appointee.
(d) An advisory appointment terminates no later than the end of the term of the U.S. President under which the advisory appointee was appointed.
(e) The Secretary or designee establishes a limit on the number of advisory appointments under this subpart J, and the total number of advisory appointments under this subpart may not exceed that limit at any time.
(f) The Department may not change an advisory appointment to a renewable appointment or continuing appointment.
(g) The Department may not use an advisory appointment solely or primarily for the purpose of detailing any individual to the White House.
(a) General. Compensation for a DHS-CS advisory appointee is governed by this subpart J and subpart F of this part. A DHS-CS advisory appointee may provide uncompensated service and any such service is gratuitous service.
(b) Compensation. As compensation for service in the DHS-CS, a DHS-CS advisory appointee receives a salary as described in paragraph (c) this section, unless the appointee is providing uncompensated service. A DHS-CS advisory appointee, except such an employee providing uncompensated service, may also receive additional compensation as described in paragraph (d) of this paragraph.
(c) Salary. A DHS-CS advisory appointee receives a salary under the salary system described in § 158.610.
(1) Setting salary. The Department determines the salary for an individual accepting an advisory appointment to a qualified position under § 158.620.
(2) Adjusting salary. The Department determines any adjustments to salary of a DHS-CS advisory appointee under § 158.621.
(3) Extended range. A DHS-CS advisory appointee is ineligible for a salary in the extended range.
(4) Local cybersecurity talent market supplement. The Department may provide a DHS-CS advisory appointee a local cybersecurity talent market supplement under § 158.612.
(d) Additional compensation. In alignment with the compensation strategy in § 158.601, the Department may provide the following types of additional compensation to a DHS-CS advisory appointee for the purposes of each such type as described under this part and subject to the requirements of this section. An individual appointed to an advisory appointment is ineligible to receive any type of additional compensation under this part as part of an offer of employment in the DHS-CS.
(1) Types. Additional compensation under CTMS for a DHS-CS advisory appointee is:
(i) Recognition adjustments under § 158.631, except the Secretary or designee must approve any such recognition for a DHS-CS advisory appointee;
(ii) Recognition payments under § 158.632, except the Secretary or designee must approve any such recognition for a DHS-CS advisory appointee;
(iii) Recognition time-off under § 158.633, except the Secretary or designee must approve any such recognition for a DHS-CS advisory appointee;
(iv) Honorary recognition under § 158.634;
(v) Professional development and training under § 158.640, so long as a professional development and training program described in § 158.640 explicitly covers DHS-CS advisory appointee and prohibits such employees from receiving any payment or reimbursement for costs of academic degree training or expenses to obtain professional credentials, including examinations to obtain such credentials;
(vi) Allowances in nonforeign areas under § 158.643; and
(vii) Other types of compensation, including leave and benefits, authorized under §§ 158.650 through 158.655 and provided in accordance with relevant provisions of other laws.
(2) Combining types. A DHS-CS advisory appointee may receive any type of additional compensation described in paragraph (c)(1) of this section in combination with any other such type subject to the requirements of subpart F of this part and the requirements and restrictions of this section.
(3) Restrictions. Additional compensation described in paragraph (d)(1) of this section is subject to, and may be limited by:
(i) The aggregate compensation limit described in § 158.604;
(ii) Prohibitions in 5 U.S.C. 4508,guidance,and; and
(iii) Other requirements and restrictions in CTMS policy.
(e) Compensation administration. For purposes of administering compensation under this part for a DHS-CS advisory appointee, the Department administers salary and other compensation, including leave, based on consideration of the employee's work schedule under the work scheduling system described in § 158.705, and may convert the appointee's salary into an hourly rate, biweekly rate, or other rate.