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6 U.S.C. § 665a — Cybersecurity recruitment and retention

Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 665a — Cybersecurity recruitment and retention

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Stable record: federal_law:legal_authorities:record_usc_89155ce1f2a3ebe44a4cf724
Source file: Laws/federal/codes/united-states-code/title-6/section-665a-cybersecurity-recruitment-and-retention--f81dabd151.md
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Source location: Title 6, Chapter 1, § 665a; chapter-001-homeland-security-organization.md

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**(a) Definitions** In this section: (1) **Appropriate committees of Congress** — 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. (2) **Collective bargaining agreement** — The term “collective bargaining agreement” has the meaning given that term in [section 7103(a)(8) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7103/a/8&num=0&edition=prelim). (3) **Excepted service** — The term “excepted service” has the meaning given that term in [section 2103 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2103&num=0&edition=prelim). (4) **Preference eligible** — The term “preference eligible” has the meaning given that term in [section 2108 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2108&num=0&edition=prelim). (5) **Qualified position** — 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. (6) **Senior Executive Service** — The term “Senior Executive Service” has the meaning given that term in [section 2101a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2101a&num=0&edition=prelim). **(b) General authority** (1) **Establish positions, appoint personnel, and fix rates of pay** (A) *General authority* — The Secretary may— (i) establish, as positions in the excepted service, such qualified positions in the Department as the Secretary determines necessary to carry out the responsibilities of the Department relating to cybersecurity, including positions formerly identified as— (I) senior level positions designated under [section 5376 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5376&num=0&edition=prelim); and (II) positions in the Senior Executive Service; (ii) appoint an individual to a qualified position (after taking into consideration the availability of preference eligibles for appointment to the position); and (iii) subject to the requirements of paragraphs (2) and (3), fix the compensation of an individual for service in a qualified position. (B) *Construction with other laws* — 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. (2) **Basic pay** (A) *Authority to fix rates of basic pay* — 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. (B) *Prevailing rate systems* — The Secretary may, consistent with [section 5341 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5341&num=0&edition=prelim), 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. (3) **Additional compensation, incentives, and allowances** (A) *Additional compensation based on title 5 authorities* — 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. (B) *Allowances in nonforeign areas* — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5941&num=0&edition=prelim), 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. (4) **Plan for execution of authorities** — 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. (5) **Collective bargaining agreements** — 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. (6) **Required regulations** — The Secretary, in coordination with the Director of the Office of Personnel 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 shall submit to the appropriate committees of Congress a detailed report that— (1) discusses the process used by the Secretary 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; (2) describes— (A) how the Secretary plans to fulfill the critical need of the Department to recruit and retain employees in qualified positions; (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) are integrated into the strategic workforce planning of the Department; (4) provides metrics on actions occurring during the reporting period, including— (A) the number of employees in qualified positions hired by occupation and grade and level or pay band; (B) the placement of employees in qualified positions by directorate and office within the Department; (C) the total number of veterans hired; (D) the number of separations of employees in qualified positions by occupation and grade and level or pay band; (E) the number of retirements of employees in qualified positions 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 by occupation and grade and level or pay band; and (5) describes the training provided to supervisors of employees in qualified positions at the Department 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 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) stops serving in the position selected to be converted, the position may be converted to a position in the excepted service. **(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 and facilities outside of the National Capital Region (as defined in [section 2674 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2674&num=0&edition=prelim)) to serve the Federal and national need to— (1) the Subcommittee on Homeland Security of the Committee on Appropriations and the Committee on Homeland Security and Governmental Affairs of the Senate; and (2) the Subcommittee on Homeland Security of the Committee on Appropriations and the Committee on Homeland Security of the House of Representatives.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 2103 — The excepted service

**(a)** For the purpose of this title, the “excepted service” consists of those civil service positions which are not in the competitive service or the Senior Executive Service. **(b)** As used in other Acts of Congress, “unclassified civil service” or “unclassified service” means the “excepted service”.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5341 — Policy

It is the policy of Congress that rates of pay of prevailing rate employees be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates and be based on principles that— (1) there will be equal pay for substantially equal work for all prevailing rate employees who are working under similar conditions of employment in all agencies within the same local wage area; (2) there will be relative differences in pay within a local wage area when there are substantial or recognizable differences in duties, responsibilities, and qualification requirements among positions; (3) the level of rates of pay will be maintained in line with prevailing levels for comparable work within a local wage area; and (4) the level of rates of pay will be maintained so as to attract and retain qualified prevailing rate employees.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 2108 — Veteran; disabled veteran; preference eligible

For the purpose of this title— (1) “veteran” means an individual who— (A) served on active duty in the armed forces during a war, in a campaign or expedition for which a campaign badge has been authorized, or during the period beginning April 28, 1952, and ending July 1, 1955; (B) served on active duty as defined by [section 101(21) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101/21&num=0&edition=prelim) at any time in the armed forces for a period of more than 180 consecutive days any part of which occurred after January 31, 1955, and before October 15, 1976, not including service under [section 12103(d) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12103/d&num=0&edition=prelim) pursuant to an enlistment in the Army National Guard or the Air National Guard or as a Reserve for service in the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve; (C) served on active duty as defined by [section 101(21) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101/21&num=0&edition=prelim) in the armed forces during the period beginning on August 2, 1990, and ending on January 2, 1992; or (D) served on active duty as defined by [section 101(21) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101/21&num=0&edition=prelim) at any time in the armed forces for a period of more than 180 consecutive days any part of which occurred during the period beginning on September 11, 2001, and ending on the date prescribed by Presidential proclamation or by law as the last date of Operation Iraqi Freedom; and, except as provided under section 2108a, who has been discharged or rel

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2108

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5376 — Pay for certain senior-level positions

**(a)** This section applies to— (1) positions that are classified above GS–15 pursuant to section 5108; and (2) scientific or professional positions established under section 3104; but does not apply to— (A) any Senior Executive Service position under section 3132; or (B) any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151. **(b)** (1) Subject to such regulations as the Office of Personnel Management prescribes, the head of the agency concerned shall fix the rate of basic pay for any position within such agency to which this section applies. A rate fixed under this section shall be— (A) not less than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule; and (B) subject to paragraph (3), not greater than the rate of basic pay payable for level III of the Executive Schedule. The payment of a rate of basic pay under this section shall not be subject to the pay limitation of section 5306(e) or 5373. (2) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section for positions within an agency shall be adjusted by such amount as the head of such agency considers appropriate. (3) In the case of an agency which has a performance appraisal system which, as designed and applied, is certified under section 5307(d) as making meaningful distinctions based on relative performance, paragraph (1)(B) shall apply as if the reference to “level III” were a reference to “level II”. (4) No employee may suffer a reduction in pay by reaso

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5376

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 2101a — The Senior Executive Service

The “Senior Executive Service” consists of Senior Executive Service positions (as defined in [section 3132(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132/a/2&num=0&edition=prelim)).

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2101a

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5941 — Allowances based on living costs and conditions of environment; employees stationed outside continental United States or in Alaska

**(a)** Appropriations or funds available to an Executive agency, except a Government controlled corporation, for pay of employees stationed outside the continental United States or in Alaska whose rates of basic pay are fixed by statute, are available for allowances to these employees. The allowance is based on— (1) living costs substantially higher than in the District of Columbia; (2) conditions of environment which differ substantially from conditions of environment in the continental United States and warrant an allowance as a recruitment incentive; or (3) both of these factors. The allowance may not exceed 25 percent of the rate of basic pay. Except as otherwise specifically authorized by statute, the allowance is paid only in accordance with regulations prescribed by the President establishing the rates and defining the area, groups of positions, and classes of employees to which each rate applies. Notwithstanding any preceding provision of this subsection, the cost-of-living allowance rate based on paragraph (1) shall be the cost-of-living allowance rate in effect on the date of enactment of the Non-Foreign Area Retirement Equity Assurance Act of 2009, except as adjusted under subsection (c). **(b)** This section shall apply only to areas that are designated as cost-of-living allowance areas as in effect on December 31, 2009. **(c)** (1) The cost-of-living allowance rate payable under this section shall be adjusted on the first day of the first applicable pay period beginning on or after— (A) January 1, 2010; and (B) January 1 of each calendar year in which a locality-based comparability adjustment takes effect under paragraphs (2) and (3), respectively, of section 1914 of the Non-Foreign Area Retirement Equity Assurance Act of 2009. (2) (A) In t

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2674 — Operation and control of Pentagon Reservation and defense facilities in National Capital Region

**(a) Pentagon Reservation.—** The Secretary of Defense has jurisdiction, custody, and control over, and responsibility for, the operation, maintenance, and management of the Pentagon Reservation. **(b) Law Enforcement Authorities and Personnel.—** (1) The Secretary shall protect the buildings, grounds, and property located in the National Capital Region that are occupied by, or under the jurisdiction, custody, or control of, the Department of Defense, and the persons on that property. (2) The Secretary may designate military or civilian personnel to perform law enforcement functions and military, civilian, or contract personnel to perform security functions for such buildings, grounds, property, and persons, including, with regard to civilian personnel designated under this section, duty in areas outside the property referred to in paragraph (1) to the extent necessary to protect that property and persons on that property. Subject to the authorization of the Secretary, any such military or civilian personnel so designated may exercise the authorities listed in paragraphs (1) through (5) of [section 2672(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2672/c&num=0&edition=prelim). (3) The powers granted under paragraph (2) to military and civilian personnel designated under that paragraph shall be exercised in accordance with guidelines prescribed by the Secretary and approved by the Attorney General. (4) Nothing in this subsection shall be construed to— (A) preclude or limit the authority of any Defense Criminal Investigative Organization or any other Federal law enforcement agency; (B) restrict the authority of the Secretary of Homeland Security under the Homeland Security Act of 2002 ([6 U.S.C. 101](https://usc

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2674

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 665a — Intelligence and cybersecurity diversity

Page 358 TITLE 6—DOMESTIC SECURITY § 665a 1 So in original. Probably should be ‘‘is’’. mittee on Rules and Administration of the Senate and the Committee on Homeland Security, the Committee on Oversight and Reform [now Committee on Oversight and Accountability], and the Committee on House Ad- ministration of the House of Representatives. ‘‘(c) Not later than 120 days after the date of enact- ment of this Act, the Director shall begin operationally administering the .gov internet domain program, and shall publish on a publicly available website the re- quirements for domain registrants as described in sec- tion 2215(b) of the Homeland Security Act of 2002 [6 U.S.C. 665(b)], as added by section 904(b) of this Act. ‘‘(d) On the date on which the Director begins oper- ational administration of the .gov internet domain pro- gram, in accordance with subsection (c), the Adminis- trator shall rescind the requirements in part 102–173 of title 41, Code of Federal Regulations. ‘‘(e) During the 5-year period beginning on the date of enactment of this Act [Dec. 27, 2020], any fee charged to entities that are not agencies for new .gov internet do- main registrants or annual renewals of .gov internet domains shall be not more than the amount of the fee charged for such registration or renewal as of October 1, 2019.’’ [For definition of ‘‘Director’’ as used in section 907 of Pub. L. 116–260, set out above, see section 903 of Pub. L. 116–260, set out as a note below.] DEFINITIONS Pub. L. 116–260, div. U, title IX, § 903, Dec. 27, 2020, 134 Stat. 2298, provided that: ‘‘In this Act [probably means ‘‘this title’’, see Short Title of 2020 Amendment note set out under section 101 of this title]— ‘‘(1) the term ‘Administrator’ means the Adminis- trator of General Servi

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