II 

Calendar No. 463 

113TH CONGRESS 

2D SESSION S. 2354 

[Report No. 113–207] 

To improve cybersecurity recruitment and retention. 

IN THE SENATE OF THE UNITED STATES 

MAY 20, 2014 

Mr. CARPER introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

JULY 14, 2014 

Reported by Mr. CARPER, with an amendment 

[Insert the part printed in italic] 

A BILL 

To improve cybersecurity recruitment and retention. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘DHS Cybersecurity 

5 Workforce Recruitment and Retention Act of 2014’’. 


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1 SEC. 2. CYBERSECURITY RECRUITMENT AND RETENTION. 

2 (a) IN GENERAL.—At the end of subtitle C of title 

3 II of the Homeland Security Act of 2002 (6 U.S.C. 141 

4 et seq.), add the following: 

5 ‘‘SEC. 226. CYBERSECURITY RECRUITMENT AND RETEN6 TION. 

7 ‘‘(a) DEFINITIONS.—In this section: 

8 ‘‘(1) APPROPRIATE COMMITTEES OF CON9 GRESS.—The term ‘appropriate committees of Con10 gress’ means the Committee on Homeland Security 

11 and Governmental Affairs and the Committee on 

12 Appropriations of the Senate and the Committee on 

13 Homeland Security and the Committee on Appro14 priations of the House of Representatives. 

15 ‘‘(2) COLLECTIVE BARGAINING AGREEMENT.— 

16 The term ‘collective bargaining agreement’ has the 

17 meaning given that term in section 7103(a)(8) of 

18 title 5, United States Code. 

19 ‘‘(3) EXCEPTED SERVICE.—The term ‘excepted 

20 service’ has the meaning given that term in section 

21 2103 of title 5, United States Code. 

22 ‘‘(4) PREFERENCE ELIGIBLE.—The term ‘pref23 erence eligible’ has the meaning given that term in 

24 section 2108 of title 5, United States Code. 

25 ‘‘(5) QUALIFIED POSITION.—The term ‘quali26 fied position’ means a position, designated by the 


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1 Secretary for the purpose of this section, in which 

2 the incumbent performs, manages, or supervises 

3 functions that execute the responsibilities of the De4 partment relating to cybersecurity. 

5 ‘‘(6) SENIOR EXECUTIVE SERVICE.—The term 

6 ‘Senior Executive Service’ has the meaning given 

7 that term in section 2101a of title 5, United States 

8 Code. 

9 ‘‘(b) GENERAL AUTHORITY.— 

10 ‘‘(1) ESTABLISH POSITIONS, APPOINT PER11 SONNEL, AND FIX RATES OF PAY.— 

12 ‘‘(A) GENERAL AUTHORITY.—The Sec13 retary may— 

14 ‘‘(i) establish, as positions in the ex15 cepted service, such qualified positions in 

16 the Department as the Secretary deter17 mines necessary to carry out the respon18 sibilities of the Department relating to cy19 bersecurity, including positions formerly 

20 identified as— 

21 ‘‘(I) senior level positions des22 ignated under section 5376 of title 5, 

23 United States Code; and 

24 ‘‘(II) positions in the Senior Ex25 ecutive Service; 


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1 ‘‘(ii) appoint an individual to a quali2 fied position (after taking into consider3 ation the availability of preference eligibles 

4 for appointment to the position); and 

5 ‘‘(iii) subject to the requirements of 

6 paragraphs (2) and (3), fix the compensa7 tion of an individual for service in a quali8 fied position. 

9 ‘‘(B) CONSTRUCTION WITH OTHER

10 LAWS.—The authority of the Secretary under 

11 this subsection applies without regard to the 

12 provisions of any other law relating to the ap13 pointment, number, classification, or compensa14 tion of employees. 

15 ‘‘(2) BASIC PAY.— 

16 ‘‘(A) AUTHORITY TO FIX RATES OF BASIC

17 PAY.—In accordance with this section, the Sec18 retary shall fix the rates of basic pay for any 

19 qualified position established under paragraph 

20 (1) in relation to the rates of pay provided for 

21 employees in comparable positions in the De22 partment of Defense and subject to the same 

23 limitations on maximum rates of pay estab24 lished for such employees by law or regulation. 


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1 ‘‘(B) PREVAILING RATE SYSTEMS.—The 

2 Secretary may, consistent with section 5341 of 

3 title 5, United States Code, adopt such provi4 sions of that title as provide for prevailing rate 

5 systems of basic pay and may apply those pro6 visions to qualified positions for employees in or 

7 under which the Department may employ indi8 viduals described by section 5342(a)(2)(A) of 

9 that title. 

10 ‘‘(3) ADDITIONAL COMPENSATION, INCENTIVES, 

11 AND ALLOWANCES.— 

12 ‘‘(A) ADDITIONAL COMPENSATION BASED

13 ON TITLE 5 AUTHORITIES.—The Secretary may 

14 provide employees in qualified positions com15 pensation (in addition to basic pay), including 

16 benefits, incentives, and allowances, consistent 

17 with, and not in excess of the level authorized 

18 for, comparable positions authorized by title 5, 

19 United States Code. 

20 ‘‘(B) ALLOWANCES IN NONFOREIGN

21 AREAS.—An employee in a qualified position 

22 whose rate of basic pay is fixed under para23 graph (2)(A) shall be eligible for an allowance 

24 under section 5941 of title 5, United States 

25 Code, on the same basis and to the same extent 


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1 as if the employee was an employee covered by 

2 such section 5941, including eligibility condi3 tions, allowance rates, and all other terms and 

4 conditions in law or regulation. 

5 ‘‘(4) PLAN FOR EXECUTION OF AUTHORI6 TIES.—Not later than 120 days after the date of en7 actment of this section, the Secretary shall submit a 

8 report to the appropriate committees of Congress 

9 with a plan for the use of the authorities provided 

10 under this subsection. 

11 ‘‘(5) COLLECTIVE BARGAINING AGREEMENTS.— 

12 Nothing in paragraph (1) may be construed to im13 pair the continued effectiveness of a collective bar14 gaining agreement with respect to an office, compo15 nent, subcomponent, or equivalent of the Depart16 ment that is a successor to an office, component, 

17 subcomponent, or equivalent of the Department cov18 ered by the agreement before the succession. 

19 ‘‘(6) REQUIRED REGULATIONS.—The Secretary, 

20 in coordination with the Director of the Office of 

21 Personnel Management, shall prescribe regulations 

22 for the administration of this section. 

23 ‘‘(c) ANNUAL REPORT.—Not later than 1 year after 

24 the date of enactment of this section, and every year thereVerDate Mar 15 2010 21:30 Jul 14, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2354.RS S2354

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1 after for 4 years, the Secretary shall submit to the appro2 priate committees of Congress a detailed report that— 

3 ‘‘(1) discusses the process used by the Sec4 retary in accepting applications, assessing can5 didates, ensuring adherence to veterans’ preference, 

6 and selecting applicants for vacancies to be filled by 

7 an individual for a qualified position; 

8 ‘‘(2) describes— 

9 ‘‘(A) how the Secretary plans to fulfill the 

10 critical need of the Department to recruit and 

11 retain employees in qualified positions; 

12 ‘‘(B) the measures that will be used to 

13 measure progress; and 

14 ‘‘(C) any actions taken during the report15 ing period to fulfill such critical need; 

16 ‘‘(3) discusses how the planning and actions 

17 taken under paragraph (2) are integrated into the 

18 strategic workforce planning of the Department; 

19 ‘‘(4) provides metrics on actions occurring dur20 ing the reporting period, including— 

21 ‘‘(A) the number of employees in qualified 

22 positions hired by occupation and grade and 

23 level or pay band; 


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1 ‘‘(B) the placement of employees in quali2 fied positions by directorate and office within 

3 the Department; 

4 ‘‘(C) the total number of veterans hired; 

5 ‘‘(D) the number of separations of employ6 ees in qualified positions by occupation and 

7 grade and level or pay band; 

8 ‘‘(E) the number of retirements of employ9 ees in qualified positions by occupation and 

10 grade and level or pay band; and 

11 ‘‘(F) the number and amounts of recruit12 ment, relocation, and retention incentives paid 

13 to employees in qualified positions by occupa14 tion and grade and level or pay band; and 

15 ‘‘(5) describes the training provided to super16 visors of employees in qualified positions at the De17 partment on the use of the new authorities. 

18 ‘‘(d) THREE-YEAR PROBATIONARY PERIOD.—The 

19 probationary period for all employees hired under the au20 thority established in this section shall be 3 years. 

21 ‘‘(e) INCUMBENTS OF EXISTING COMPETITIVE SERV22 ICE POSITIONS.— 

23 ‘‘(1) IN GENERAL.—An individual serving in a 

24 position on the date of enactment of this section 

25 that is selected to be converted to a position in the 


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1 excepted service under this section shall have the 

2 right to refuse such conversion. 

3 ‘‘(2) SUBSEQUENT CONVERSION.—After the 

4 date on which an individual who refuses a conversion 

5 under paragraph (1) stops serving in the position se6 lected to be converted, the position may be converted 

7 to a position in the excepted service.’’. 

8 (b) CONFORMING AMENDMENT.—Section 3132(a)(2) 

9 of title 5, United States Code, is amended in the matter 

10 following subparagraph (E)— 

11 (1) in clause (i), by striking ‘‘or’’ at the end; 

12 (2) in clause (ii), by inserting ‘‘or’’ after the 

13 semicolon; and 

14 (3) by inserting after clause (ii) the following: 

15 ‘‘(iii) any position established as a qualified po16 sition in the excepted service by the Secretary of 

17 Homeland Security under section 226 of the Home18 land Security Act of 2002;’’. 

19 (c) TABLE OF CONTENTS AMENDMENT.—The table 

20 of contents in section 1(b) of the Homeland Security Act 

21 of 2002 (6 U.S.C. 101 et seq.) is amended by inserting 

22 after the item relating to section 225 the following: 

‘‘Sec. 226. Cybersecurity recruitment and retention.’’. 


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1 SEC. 3. HOMELAND SECURITY CYBERSECURITY WORK2 FORCE ASSESSMENT. 

3 (a) SHORT TITLE.—This section may be cited as the 

4 ‘‘Homeland Security Cybersecurity Workforce Assessment 

5 Act’’. 

6 (b) DEFINITIONS.—In this section: 

7 (1) APPROPRIATE CONGRESSIONAL COMMIT8 TEES.—The term ‘‘appropriate congressional commit9 tees’’ means— 

10 (A) the Committee on Homeland Security 

11 and Governmental Affairs of the Senate; 

12 (B) the Committee on Homeland Security of 

13 the House of Representatives; and 

14 (C) the Committee on House Administra15 tion of the House of Representatives. 

16 (2) CYBERSECURITY WORK CATEGORY; DATA

17 ELEMENT CODE; SPECIALTY AREA.—The terms ‘‘Cy18 bersecurity Work Category’’, ‘‘Data Element Code’’, 

19 and ‘‘Specialty Area’’ have the meanings given such 

20 terms in the Office of Personnel Management’s Guide 

21 to Data Standards. 

22 (3) DEPARTMENT.—The term ‘‘Department’’ 

23 means the Department of Homeland Security. 

24 (4) DIRECTOR.—The term ‘‘Director’’ means the 

25 Director of the Office of Personnel Management. 


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1 (5) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Homeland Security. 

3 (c) NATIONAL CYBERSECURITY WORKFORCE MEAS4 UREMENT INITIATIVE.— 

5 (1) IN GENERAL.—The Secretary shall— 

6 (A) identify all cybersecurity workforce po7 sitions within the Department; 

8 (B) determine the primary Cybersecurity 

9 Work Category and Specialty Area of such posi10 tions; and 

11 (C) assign the corresponding Data Element 

12 Code, as set forth in the Office of Personnel Man13 agement’s Guide to Data Standards which is 

14 aligned with the National Initiative for Cyberse15 curity Education’s National Cybersecurity Work16 force Framework report, in accordance with 

17 paragraph (2). 

18 (2) EMPLOYMENT CODES.— 

19 (A) PROCEDURES.—Not later than 90 days 

20 after the date of the enactment of this Act, the 

21 Secretary shall establish procedures— 

22 (i) to identify open positions that in23 clude cybersecurity functions (as defined in 

24 the OPM Guide to Data Standards); and 


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1 (ii) to assign the appropriate employ2 ment code to each such position, using 

3 agreed standards and definitions. 

4 (B) CODE ASSIGNMENTS.—Not later than 9 

5 months after the date of the enactment of this 

6 Act, the Secretary shall assign the appropriate 

7 employment code to— 

8 (i) each employee within the Depart9 ment who carries out cybersecurity func10 tions; and 

11 (ii) each open position within the De12 partment that have been identified as hav13 ing cybersecurity functions. 

14 (3) PROGRESS REPORT.—Not later than 1 year 

15 after the date of the enactment of this Act, the Direc16 tor shall submit a progress report on the implementa17 tion of this subsection to the appropriate congres18 sional committees. 

19 (d) IDENTIFICATION OF CYBERSECURITY SPECIALTY

20 AREAS OF CRITICAL NEED.— 

21 (1) IN GENERAL.—Beginning not later than 1 

22 year after the date on which the employment codes 

23 are assigned to employees pursuant to subsection 

24 (c)(2)(B), and annually through 2021, the Secretary, 

25 in consultation with the Director, shall— 


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1 (A) identify Cybersecurity Work Categories 

2 and Specialty Areas of critical need in the De3 partment’s cybersecurity workforce; and 

4 (B) submit a report to the Director that— 

5 (i) describes the Cybersecurity Work 

6 Categories and Specialty Areas identified 

7 under subparagraph (A); and 

8 (ii) substantiates the critical need des9 ignations. 

10 (2) GUIDANCE.—The Director shall provide the 

11 Secretary with timely guidance for identifying Cyber12 security Work Categories and Specialty Areas of crit13 ical need, including— 

14 (A) current Cybersecurity Work Categories 

15 and Specialty Areas with acute skill shortages; 

16 and 

17 (B) Cybersecurity Work Categories and Spe18 cialty Areas with emerging skill shortages. 

19 (3) CYBERSECURITY CRITICAL NEEDS REPORT.— 

20 Not later than 18 months after the date of the enact21 ment of this Act, the Secretary, in consultation with 

22 the Director, shall— 

23 (A) identify Specialty Areas of critical need 

24 for cybersecurity workforce across the Depart25 ment; and 


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1 (B) submit a progress report on the imple2 mentation of this subsection to the appropriate 

3 congressional committees. 

4 (e) GOVERNMENT ACCOUNTABILITY OFFICE STATUS

5 REPORTS.—The Comptroller General of the United States 

6 shall— 

7 (1) analyze and monitor the implementation of 

8 subsections (c) and (d); and 

9 (2) not later than 3 years after the date of the 

10 enactment of this Act, submit a report to the appro11 priate congressional committees that describes the sta12 tus of such implementation. 


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Calendar No. 463 

113TH CONGRESS 

2D SESSION S. 2354 

[Report No. 113–207] 

A BILL 

To improve cybersecurity recruitment and 

retention. 

JULY 14, 2014 

Reported with an amendment 


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