---
kind: "section"
citation: "6 U.S.C. § 658"
title: "6"
title_heading: "Domestic Security"
number: "658"
heading: "Cybersecurity recruitment and retention"
release: "119-102"
url: "https://uscodex.org/usc/6/658"
units:
  - "Chapter 1 — Homeland Security Organization"
  - "Subchapter XVIII — Cybersecurity and Infrastructure Security Agency"
  - "Part A — Cybersecurity and Infrastructure Security"
---

# §658. Cybersecurity recruitment and retention

- (a) **Definitions—** In this section:
  - (1) **Appropriate committees of Congress—** The term “appropriate committees of Congress” means the Committee on [Homeland](/usc/6/101.md?p=1) Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on [Homeland](/usc/6/101.md?p=1) Security and the Committee on Appropriations of the House of Representatives.
  - (2) **Collective bargaining agreement—** The term “collective bargaining agreement” has the meaning given that term in [section 7103(a)(8) of title 5](/usc/5/7103.md?p=a-8).
  - (3) **Excepted service—** The term “excepted service” has the meaning given that term in [section 2103 of title 5](/usc/5/2103.md).
  - (4) **Preference eligible—** The term “preference eligible” has the meaning given that term in [section 2108 of title 5](/usc/5/2108.md).
  - (5) **Qualified position—** The term “qualified position” means a position, designated by the [Secretary](/usc/6/101.md?p=16) for the purpose of this section, in which the incumbent performs, manages, or supervises [functions](/usc/6/101.md?p=9) that execute the responsibilities of the [Department](/usc/6/101.md?p=5) relating to cybersecurity.
  - (6) **Senior Executive Service—** The term “Senior Executive Service” has the meaning given that term in [section 2101a of title 5](/usc/5/2101a.md).
- (b) **General authority—**
  - (1) **Establish positions, appoint personnel, and fix rates of pay—**
    - (A) **General authority—** The [Secretary](/usc/6/101.md?p=16) may—
      - (i) establish, as positions in the [excepted service](#a-3), such [qualified positions](#a-5) in the [Department](/usc/6/101.md?p=5) as the [Secretary](/usc/6/101.md?p=16) determines necessary to carry out the responsibilities of the [Department](/usc/6/101.md?p=5) relating to cybersecurity, including positions formerly identified as—
        - (I) senior level positions designated under [section 5376 of title 5](/usc/5/5376.md); and
        - (II) positions in the [Senior Executive Service](#a-6);
      - (ii) appoint an individual to a [qualified position](#a-5) (after taking into consideration the availability of [preference eligibles](#a-4) for appointment to the position); and
      - (iii) subject to the requirements of paragraphs [(2)](#b-2) and [(3)](#b-3), fix the compensation of an individual for service in a [qualified position](#a-5).
    - (B) **Construction with other laws—** The authority of the [Secretary](/usc/6/101.md?p=16) under this subsection applies without regard to the provisions of any other law relating to the appointment, number, classification, or compensation of employees.
  - (2) **Basic pay—**
    - (A) **Authority to fix rates of basic pay—** In accordance with this section, the [Secretary](/usc/6/101.md?p=16) shall fix the rates of basic pay for any [qualified position](#a-5) established under [paragraph (1)](#b-1) in relation to the rates of pay provided for employees in comparable positions in the [Department](/usc/6/101.md?p=5) of Defense and subject to the same limitations on maximum rates of pay established for such employees by law or regulation.
    - (B) **Prevailing rate systems—** The [Secretary](/usc/6/101.md?p=16) may, consistent with [section 5341 of title 5](/usc/5/5341.md), adopt such provisions of that title as provide for prevailing rate systems of basic pay and may apply those provisions to [qualified positions](#a-5) for employees in or under which the [Department](/usc/6/101.md?p=5) may employ individuals described by [section 5342(a)(2)(A)](/usc/5/5342.md?p=a-2-A) of that title.
  - (3) **Additional compensation, incentives, and allowances—**
    - (A) **Additional compensation based on title 5 authorities—** The [Secretary](/usc/6/101.md?p=16) may provide employees in [qualified positions](#a-5) 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](/usc/5.md).
    - (B) **Allowances in nonforeign areas—** An employee in a [qualified position](#a-5) whose rate of basic pay is fixed under [paragraph (2)(A)](#b-2-A) shall be eligible for an allowance under [section 5941 of title 5](/usc/5/5941.md), on the same basis and to the same extent as if the employee was an employee covered by such [section 5941](/usc/5/5941.md), including eligibility conditions, allowance rates, and all other terms and conditions in law or regulation.
  - (4) **Plan for execution of authorities—** Not later than 120 days after December 18, 2014, the [Secretary](/usc/6/101.md?p=16) shall submit a report to the [appropriate committees of Congress](#a-1) with a plan for the use of the authorities provided under this subsection.
  - (5) **Collective bargaining agreements—** Nothing in [paragraph (1)](#b-1) may be construed to impair the continued effectiveness of a [collective bargaining agreement](#a-2) with respect to an [office](/usc/6/590.md?p=3), component, subcomponent, or equivalent of the [Department](/usc/6/101.md?p=5) that is a successor to an [office](/usc/6/590.md?p=3), component, subcomponent, or equivalent of the [Department](/usc/6/101.md?p=5) covered by the agreement before the succession.
  - (6) **Required regulations—** The [Secretary](/usc/6/101.md?p=16), in coordination with the [Director](/usc/6/650.md?p=10) of the [Office](/usc/6/590.md?p=3) of [Personnel](/usc/6/101.md?p=15) Management, shall prescribe regulations for the administration of this section.
- (c) **Annual report—** Not later than 1 year after December 18, 2014, and every year thereafter for 4 years, the [Secretary](/usc/6/101.md?p=16) shall submit to the [appropriate committees of Congress](#a-1) a detailed report that—
  - (1) discusses the process used by the [Secretary](/usc/6/101.md?p=16) 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](#a-5);
  - (2) describes—
    - (A) how the [Secretary](/usc/6/101.md?p=16) plans to fulfill the critical need of the [Department](/usc/6/101.md?p=5) to recruit and retain employees in [qualified positions](#a-5);
    - (B) the measures that will be used to measure progress; and
    - (C) any actions taken during the reporting period to fulfill such critical need;
  - (3) discusses how the planning and actions taken under [paragraph (2)](#c-2) are integrated into the strategic workforce planning of the [Department](/usc/6/101.md?p=5);
  - (4) provides metrics on actions occurring during the reporting period, including—
    - (A) the number of employees in [qualified positions](#a-5) hired by occupation and grade and level or pay band;
    - (B) the placement of employees in [qualified positions](#a-5) by directorate and [office](/usc/6/590.md?p=3) within the [Department](/usc/6/101.md?p=5);
    - (C) the total number of veterans hired;
    - (D) the number of separations of employees in [qualified positions](#a-5) by occupation and grade and level or pay band;
    - (E) the number of retirements of employees in [qualified positions](#a-5) 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](#a-5) by occupation and grade and level or pay band; and
  - (5) describes the training provided to supervisors of employees in [qualified positions](#a-5) at the [Department](/usc/6/101.md?p=5) on the use of the new authorities.
- (d) **Three-year probationary period—** The probationary period for all employees hired under the authority established in this section shall be 3 years.
- (e) **Incumbents of existing competitive service positions—**
  - (1) **In general—** An individual serving in a position on December 18, 2014, that is selected to be converted to a position in the [excepted service](#a-3) under this section shall have the right to refuse such conversion.
  - (2) **Subsequent conversion—** After the date on which an individual who refuses a conversion under [paragraph (1)](#e-1) stops serving in the position selected to be converted, the position may be converted to a position in the [excepted service](#a-3).
- (f) **Study and report—** 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](/usc/6/101.md?p=15) and facilities outside of the National Capital Region (as defined in [section 2674 of title 10](/usc/10/2674.md)) to serve the Federal and national need to—
  - (1) the Subcommittee on [Homeland](/usc/6/101.md?p=1) Security of the Committee on Appropriations and the Committee on [Homeland](/usc/6/101.md?p=1) Security and Governmental Affairs of the Senate; and
  - (2) the Subcommittee on [Homeland](/usc/6/101.md?p=1) Security of the Committee on Appropriations and the Committee on [Homeland](/usc/6/101.md?p=1) Security of the House of Representatives.

## Source credit

(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.)

## Notes

### Editorial Notes

### Codification

Section was formerly classified to section 147 of this title prior to renumbering by Pub. L. 115–278.

### Statutory Notes and Related Subsidiaries

### Change of Name

Reference 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.