6 C.F.R. §§ 158.640–158.643

4 sections in range

§158.640. Professional development and training.

6 C.F.R. § 158.640

(a)

In alignment with the compensation strategy described in § 158.601 and the career development program described in § 158.803, the Department may provide professional development and training opportunities, payments, and reimbursements for DHS-CS employees.

(b)

CTMS policy implementing this section addresses—

(1)

Eligibility criteria;

(2)

Requirements for documenting the reason and basis for professional development and training opportunities, payments, and reimbursements provided to a DHS-CS employee;

(3)

Appropriate levels of review and approval for providing professional development and training opportunities, payments, and reimbursements;

(4)

Any limitations on the total number or frequency of professional development and training opportunities, and any limitations on the total number, frequency, or amount of professional development and training payments and reimbursements a DHS-CS employee may receive, within any specific time period;

(5)

Any service agreement requirements;

(6)

Requirements for communicating to DHS-CS employees and their supervisors about professional development and training opportunities; and

(7)

Processes for evaluating the effectiveness of the professional development and training in supporting the purpose of CTMS described in § 158.101, the purpose of the DHS-CS described in § 158.202, and the operationalization of the compensation strategy described in § 158.601.

(c)

Any payment or reimbursement under this section is excluded from the aggregate compensation limit described in § 158.604.

(d)

Any payment or reimbursement under this section is not salary under this part and is not basic pay for any purpose under 5 U.S.C. or 5 CFR.

(e)

Professional development and training under this section is based on the following training and professional development opportunities, payments, and reimbursements provided under 5 U.S.C.:

(1)

Sabbaticals under 5 U.S.C. 3396;

(2)

Academic degree training under 5 U.S.C. 4107;

(3)

Expenses of training under 5 U.S.C. 4109;

(4)

Expenses of attendance at meetings under 5 U.S.C. 4110; and

(5)

Payment of expenses to obtain professional credentials under 5 U.S.C. 5757.

(f)

In addition to any professional development and training under this section, a DHS-CS employee may be eligible to receive the training and professional development opportunities, payments, and reimbursements provided under 5 U.S.C. listed in paragraph (e) of this section.

(g)

Professional development and training under this section for a DHS-CS advisory appointee is subject to additional requirements and restrictions in subpart J of this part.

Notes, amendments, and revision history

Authority

Authority: 6 U.S.C. 658. Subpart H also issued under 5 U.S.C. Chapters 41 and 43; 5 CFR parts 410 and 430.

Source

Source: 86 FR 47893, Aug. 26, 2021, unless otherwise noted.

§158.641. Student loan repayments.

6 C.F.R. § 158.641

(a)

In alignment with the compensation strategy described in § 158.601, the Department may provide a student loan repayment to a DHS-CS employee under this section and in accordance with 5 U.S.C. 5379 and 5 CFR part 537, except that:

(1)

The maximum payment amounts under 5 U.S.C. 5379 and 5 CFR part 537 do not apply, and the Department may provide and a DHS-CS employee may receive a student loan repayment under this section so long as such repayment does not exceed $16,500 per employee per calendar year and a total of $90,000 per employee;

(2)

The minimum service period length of three years under 5 U.S.C. 5379 and 5 CFR part 537 does not apply, and instead the length of a minimum service period for a DHS-CS employee receiving a student loan repayment under this section is determined under CTMS policy and based on the amount of the repayment received by the employee; and

(3)

Eligibility criteria related to time-limited appointments under 5 U.S.C. 5379 and 5 CFR part 537 do not apply, and a DHS-CS employee in a renewable appointment may receive a student loan payment under this section.

(b)

In alignment with eligibility criteria under 5 U.S.C. 5379 and 5 CFR part 537:

(1)

If the Department determines a DHS-CS employee's performance is unacceptable, as defined in 5 U.S.C. 4301(3), or the employee receives an unacceptable rating of record under § 158.804, or the Department determines the employee has engaged in misconduct, the employee is ineligible to receive a student loan repayment under this section.

(2)

A DHS-CS advisory appointee is ineligible to receive a student loan repayment under this section.

(c)

CTMS policy implementing this section addresses—

(1)

Eligibility criteria;

(2)

Requirements for documenting the reason and basis for a student loan repayment provided to a DHS-CS employee;

(3)

Appropriate levels of review and approval for providing a student loan repayment;

(4)

Service agreement requirements, including minimum service periods;

(5)

Any additional limitations on student loan repayments; and

(6)

Processes for evaluating the effectiveness of student loan repayments in supporting the purpose of CTMS described in § 158.101, the purpose of the DHS-CS described in § 158.202, and the operationalization of the compensation strategy described in § 158.601.

(d)

Any student loan repayment provided under this section is excluded from the aggregate compensation limit described in § 158.604.

(e)

Any student loan repayment provided under this section is not salary under this part and is not basic pay for any purpose under 5 U.S.C. or 5 CFR.

Notes, amendments, and revision history

Authority

Authority: 6 U.S.C. 658. Subpart H also issued under 5 U.S.C. Chapters 41 and 43; 5 CFR parts 410 and 430.

Source

Source: 86 FR 47893, Aug. 26, 2021, unless otherwise noted.

§158.642. Special working conditions payment program.

6 C.F.R. § 158.642

(a)

In alignment with the compensation strategy described in § 158.601, the Department may establish a program to provide payments to DHS-CS employees to address special working conditions that are otherwise unaccounted for or the Department determines are accounted for insufficiently in DHS-CS employees' other types of additional compensation and salary.

(b)

Special working conditions include circumstances in which a supervisor or other appropriate official requires a DHS-CS employee to perform DHS-CS cybersecurity work that involves, as determined by the Department:

(1)

Unusual physical or mental hardship;

(2)

Performing work at atypical locations, at unexpected times, or for an uncommon duration of time exceeding the expectation described in § 158.601(c) about working unusual hours and extended hours; or

(3)

A combination of the conditions described in paragraphs (b)(1) and (2) of this section.

(c)

A payment for special working conditions is a payment of up to 25 percent of the receiving DHS-CS employee's salary as computed for a work period, defined in § 158.705(b), or a series of work periods.

(d)

The Department determines whether to establish, adjust, or cancel a program under this section based on information from:

(1)

The work scheduling system described in § 158.705; and

(2)

Strategic talent planning described in § 158.401(c), including information about current compensation practices of other cybersecurity employers analyzed under the talent market analysis described in § 158.403.

(e)

The Department determines eligibility for a payment for special working conditions under this section and CTMS policy implementing this section.

(1)

A DHS-CS employee who receives a payment for special working conditions under a program established under this section is not automatically eligible or entitled to receive any additional such payments.

(2)

A DHS-CS employee receiving a salary equal to or greater than EX-IV is ineligible to receive a payment under this section.

(3)

A DHS-CS advisory appointee is ineligible to receive a payment for special working conditions under this section.

(f)

CTMS policy implementing this section addresses—

(1)

Eligibility criteria;

(2)

Requirements for documenting the reason and basis for payments for special working conditions provided to a DHS-CS employee;

(3)

Appropriate levels of review and approval for providing payments for special working conditions;

(4)

Any limitations on payments for special working conditions;

(5)

Requirements for determining whether a payment for special working conditions is a lump sum payment, paid in installments, or a recurring payment; and

(6)

Processes for evaluating the effectiveness of any special working conditions payment program in supporting the purpose of CTMS described in § 158.101, the purpose of the DHS-CS described in § 158.202, and the operationalization of the compensation strategy described in § 158.601.

(g)

Any payment under this section is subject to and may be limited by the aggregate compensation limit described in § 158.604.

(h)

Any payment under this section is not salary under this part and is not basic pay for any purpose under Title 5 U.S.C. or 5 CFR.

(i)

A payment for special working conditions under this section is based on the following types of payments provided under 5 U.S.C.:

(1)

Night, standby and hazardous duty differential under 5 U.S.C. 5545;

(2)

Pay for Sunday and holiday work under 5 U.S.C. 5546; and

(3)

Extended assignment incentives under 5 U.S.C. 5757.

(j)

A payment for special working conditions under this section is in lieu of the types of payment provided under 5 U.S.C. listed in paragraph (g) of this section, and a DHS-CS employee is ineligible to receive any such payments under 5 U.S.C.

Notes, amendments, and revision history

Authority

Authority: 6 U.S.C. 658. Subpart H also issued under 5 U.S.C. Chapters 41 and 43; 5 CFR parts 410 and 430.

Source

Source: 86 FR 47893, Aug. 26, 2021, unless otherwise noted.

§158.643. Allowance in nonforeign areas.

6 C.F.R. § 158.643

(a)

A DHS-CS employee is eligible for and may receive an allowance under 5 U.S.C. 5941 and implementing regulations in 5 CFR part 591, subpart B, on the same basis and to the same extent as if the employee is an employee covered by those authorities.

(b)

The Department provides an allowance described in paragraph (a) of this section to any DHS-CS employee who is eligible, as described in paragraph (a), for such allowance.

(c)

Any allowance provided under this section is excluded from the aggregate compensation limit described in § 158.604.

(d)

Any allowance provided under this section is not salary under this part and is not basic pay for any purpose under 5 U.S.C. or 5 CFR.

(e)

Any allowance under this section for a DHS-CS advisory appointee is subject to additional requirements and restrictions in subpart J of this part.

Notes, amendments, and revision history

Authority

Authority: 6 U.S.C. 658. Subpart H also issued under 5 U.S.C. Chapters 41 and 43; 5 CFR parts 410 and 430.

Source

Source: 86 FR 47893, Aug. 26, 2021, unless otherwise noted.

6 C.F.R. §§ 158.640–158.643

§158.640. Professional development and training.

Authority

Source

§158.641. Student loan repayments.

Authority

Source

§158.642. Special working conditions payment program.

Authority

Source

§158.643. Allowance in nonforeign areas.

Authority

Source

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