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6 U.S.C. § 411Establishment of human resources management system

submitted 24 years ago by Pub. L. 107-296 to r/title-6-DOMESTIC-SECURITY · 315 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law covers how DHS builds its human resources system. Congress says employees should help design the system covering them. Transferred employees keep their job, grade, and pay for at least a year.

(a) Authority. Congress states its sense that Department of Homeland Security employees should help meaningfully shape any human resources system that affects them. Employees know their jobs best and have a direct stake in making the system work efficiently. Congress believes the 21st-century system envisioned for the Department should draw on employee input, and that this kind of collaboration will help protect the homeland. (Paragraphs (2) and (3) of this subsection are omitted from the Code.) (b) Effect on personnel. For full-time employees (other than special government employees) and part-time employees who hold permanent positions, transferring to the Department under this chapter cannot cause them to be separated from their job or have their grade or pay reduced, for one year after the transfer — except where this chapter specifically allows it. If an employee held a position paid under the Executive Schedule (chapter 53 of title 5) right before transferring, and is then appointed, without a break in service, to a Department position with comparable duties, that employee must keep being paid at least the rate for the new position for as long as they hold it. Any use of authority under chapter 97 of title 5 — including any human resources system set up under that chapter — must follow the requirements of this subsection.
the actual law source: uscode.house.gov ↗public domain
(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

Except as otherwise provided in this chapter, the transfer under this chapter of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for 1 year after the date of transfer to the Department.

(2) Positions compensated in accordance with Executive Schedule

Any person who, on the day preceding such person’s date of transfer pursuant to this chapter, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5 and who, without a break in service, is appointed in the Department to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than the rate provided for such position, for the duration of the service of such person in such new position.

(3) Coordination rule

Any exercise of authority under chapter 97 of title 5, including under any system established under such chapter, shall be in conformance with the requirements of this subsection.

Source credit: (Pub. L. 107–296, title VIII, § 841, Nov. 25, 2002, 116 Stat. 2229.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-296 · 116 Stat. 2229

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-296 on 2002-11-25.

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