Collapse to view only § 412. Labor-management relations
- § 411. Establishment of human resources management system
- § 412. Labor-management relations
- § 413. Use of counternarcotics enforcement activities in certain employee performance appraisals
- § 414. Homeland Security Rotation Program
- § 415. Homeland Security Education Program
- § 416. Use of protective equipment or measures by employees
- § 417. Rotational cybersecurity research program
§ 411. Establishment of human resources management system
(a) Authority
(1) Sense of Congress
It is the sense of Congress that—
(A) it is extremely important that employees of the Department be allowed to participate in a meaningful way in the creation of any human resources management system affecting them;
(B) such employees have the most direct knowledge of the demands of their jobs and have a direct interest in ensuring that their human resources management system is conducive to achieving optimal operational efficiencies;
(C) the 21st century human resources management system envisioned for the Department should be one that benefits from the input of its employees; and
(D) this collaborative effort will help secure our homeland.
(2), (3) Omitted
(b) Effect on personnel
(1) Nonseparation or nonreduction in grade or compensation of full-time personnel and part-time personnel holding permanent positions
(2) Positions compensated in accordance with Executive Schedule
(3) Coordination rule
(Pub. L. 107–296, title VIII, § 841, Nov. 25, 2002, 116 Stat. 2229.)
§ 412. Labor-management relations
(a) Limitation on exclusionary authority
(1) In general
No agency or subdivision of an agency which is transferred to the Department pursuant to this chapter shall be excluded from the coverage of chapter 71 of title 5 as a result of any order issued under section 7103(b)(1) of such title 5 after June 18, 2002, unless—
(A) the mission and responsibilities of the agency (or subdivision) materially change; and
(B) a majority of the employees within such agency (or subdivision) have as their primary duty intelligence, counterintelligence, or investigative work directly related to terrorism investigation.
(2) Exclusions allowable
Nothing in paragraph (1) shall affect the effectiveness of any order to the extent that such order excludes any portion of an agency or subdivision of an agency as to which—
(A) recognition as an appropriate unit has never been conferred for purposes of chapter 71 of such title 5; or
(B) any such recognition has been revoked or otherwise terminated as a result of a determination under subsection (b)(1).
(b) Provisions relating to bargaining units
(1) Limitation relating to appropriate units
Each unit which is recognized as an appropriate unit for purposes of chapter 71 of title 5 as of the day before the effective date of this chapter (and any subdivision of any such unit) shall, if such unit (or subdivision) is transferred to the Department pursuant to this chapter, continue to be so recognized for such purposes, unless—
(A) the mission and responsibilities of such unit (or subdivision) materially change; and
(B) a majority of the employees within such unit (or subdivision) have as their primary duty intelligence, counterintelligence, or investigative work directly related to terrorism investigation.
(2) Limitation relating to positions or employees
No position or employee within a unit (or subdivision of a unit) as to which continued recognition is given in accordance with paragraph (1) shall be excluded from such unit (or subdivision), for purposes of chapter 71 of such title 5, unless the primary job duty of such position or employee—
(A) materially changes; and
(B) consists of intelligence, counterintelligence, or investigative work directly related to terrorism investigation.
In the case of any positions within a unit (or subdivision) which are first established on or after the effective date of this chapter and any employees first appointed on or after such date, the preceding sentence shall be applied disregarding subparagraph (A).
(c) Waiver
(d) Coordination rule
(e) Rule of construction
(Pub. L. 107–296, title VIII, § 842, Nov. 25, 2002, 116 Stat. 2234.)
§ 413. Use of counternarcotics enforcement activities in certain employee performance appraisals
(a) In generalEach subdivision of the Department that is a National Drug Control Program Agency shall include as one of the criteria in its performance appraisal system, for each employee directly or indirectly involved in the enforcement of Federal, State, or local narcotics laws, the performance of that employee with respect to the enforcement of Federal, State, or local narcotics laws, relying to the greatest extent practicable on objective performance measures, including—
(1) the contribution of that employee to seizures of narcotics and arrests of violators of Federal, State, or local narcotics laws; and
(2) the degree to which that employee cooperated with or contributed to the efforts of other employees, either within the Department or other Federal, State, or local agencies, in counternarcotics enforcement.
(b) DefinitionsFor purposes of this section—
(1) the term “National Drug Control Program Agency” means—
(A) a National Drug Control Program Agency 1
1 So in original. Probably should be “agency”.
, as defined in section 1701(7) 22 See References in Text note below.
of title 21 (as last in effect); and(B) any subdivision of the Department that has a significant counternarcotics responsibility, as determined by—
(i) the counternarcotics officer, appointed under section 458 of this title; or
(ii) if applicable, the counternarcotics officer’s successor in function (as determined by the Secretary); and
(2) the term “performance appraisal system” means a system under which periodic appraisals of job performance of employees are made, whether under chapter 43 of title 5, or otherwise.
(Pub. L. 107–296, title VIII, § 843, as added Pub. L. 108–458, title VII, § 7408(a), Dec. 17, 2004, 118 Stat. 3854.)
§ 414. Homeland Security Rotation Program
(a)1
1 So in original. There is no subsec. (b).
Establishment(1) In general
(2) Goals
The Rotation Program established by the Secretary shall—
(A) be established in accordance with the Human Capital Strategic Plan of the Department;
(B) provide middle and senior level employees in the Department the opportunity to broaden their knowledge through exposure to other components of the Department;
(C) expand the knowledge base of the Department by providing for rotational assignments of employees to other components;
(D) build professional relationships and contacts among the employees in the Department;
(E) invigorate the workforce with exciting and professionally rewarding opportunities;
(F) incorporate Department human capital strategic plans and activities, and address critical human capital deficiencies, recruitment and retention efforts, and succession planning within the Federal workforce of the Department; and
(G) complement and incorporate (but not replace) rotational programs within the Department in effect on October 4, 2006.
(3) Administration
(A) In general
(B) Responsibilities
The Chief Human Capital Officer shall—
(i) provide oversight of the establishment and implementation of the Rotation Program;
(ii) establish a framework that supports the goals of the Rotation Program and promotes cross-disciplinary rotational opportunities;
(iii) establish eligibility for employees to participate in the Rotation Program and select participants from employees who apply;
(iv) establish incentives for employees to participate in the Rotation Program, including promotions and employment preferences;
(v) ensure that the Rotation Program provides professional education and training;
(vi) ensure that the Rotation Program develops qualified employees and future leaders with broad-based experience throughout the Department;
(vii) provide for greater interaction among employees in components of the Department; and
(viii) coordinate with rotational programs within the Department in effect on October 4, 2006.
(4) Allowances, privileges, and benefits
(5) Reporting
(Pub. L. 107–296, title VIII, § 844, as added Pub. L. 109–295, title VI, § 622(a), Oct. 4, 2006, 120 Stat. 1416.)
§ 415. Homeland Security Education Program
(a) Establishment
(b) Leveraging of existing resources
(c) Student enrollment
(1) Sources
(2) Enrollment priorities and selection criteria
(3) Diversity
(d) Service commitment
(1) In general
Before any employee selected for the Program may be assigned to participate in the program, the employee shall agree in writing—
(A) to continue in the service of the agency sponsoring the employee during the 2-year period beginning on the date on which the employee completes the program, unless the employee is involuntarily separated from the service of that agency for reasons other than a reduction in force; and
(B) to pay to the Government the amount of the additional expenses incurred by the Government in connection with the employee’s education if the employee is voluntarily separated from the service to the agency before the end of the period described in subparagraph (A).
(2) Payment of expenses
(A) Exemption
(B) Amount of payment
(3) Recovery of payment
If an employee who is required to make a payment under this subsection does not make the payment, a sum equal to the amount of the expenses incurred by the Government for the education of that employee is recoverable by the Government from the employee or his estate by—
(A) setoff against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the Government; or
(B) such other method as is provided by lay 1
1 So in original. Probably should be “law”.
for the recovery of amounts owing to the Government.(Pub. L. 107–296, title VIII, § 845, as added Pub. L. 109–295, title VI, § 623(a), Oct. 4, 2006, 120 Stat. 1418.)
§ 416. Use of protective equipment or measures by employees
None of the funds made available in this or any other Act for fiscal year 2013 and thereafter may be used to propose or effect a disciplinary or adverse action, with respect to any Department of Homeland Security employee who engages regularly with the public in the performance of his or her official duties solely because that employee elects to utilize protective equipment or measures, including but not limited to surgical masks, N95 respirators, gloves, or hand-sanitizers, where use of such equipment or measures is in accord with Department of Homeland Security policy, and Centers for Disease Control and Prevention and Office of Personnel Management guidance.
(Pub. L. 113–6, div. D, title V, § 540, Mar. 26, 2013, 127 Stat. 373.)
§ 417. Rotational cybersecurity research programTo enhance the Department’s cybersecurity capacity, the Secretary may establish a rotational research, development, and training program for—
(1) detail to the Cybersecurity and Infrastructure Security Agency (including the national cybersecurity and communications integration center authorized by section 659 of this title) of Coast Guard Academy graduates and faculty; and
(2) detail to the Coast Guard Academy, as faculty, of individuals with expertise and experience in cybersecurity who are employed by—
(A) the Agency (including the center);
(B) the Directorate of Science and Technology; or
(C) institutions that have been designated by the Department as a Center of Excellence for Cyber Defense, or the equivalent.
(Pub. L. 107–296, title VIII, § 846, as added Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8278(a), Jan. 1, 2021, 134 Stat. 4687.)