§411 — Title 6 Domestic Security | U.S. Code

§411 Establishment of human resources management system

Title 6 › Chapter CHAPTER 1— - HOMELAND SECURITY ORGANIZATION › Subchapter SUBCHAPTER VIII— - COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS › Part Part E— - Human Resources Management › § 411

Last updated Apr 6, 2026|Official source

Summary

Congress says employees must be allowed to take part in making any human resources system that affects them. Employees know their jobs best, so their input should help make the system work well and help protect the homeland. When people are moved to the Department under this law, full-time staff (except special Government employees) and part-time workers in permanent jobs must not be fired or lowered in grade or pay for 1 year after the transfer. If a person held a job paid under the Executive Schedule (chapter 53 of title 5) the day before transfer and is put into a Department job with comparable duties without a break in service, they must be paid at least the rate for that new job for as long as they serve in it. Any use of authority under chapter 97 of title 5 must follow these rules.

Title 6, §411

Domestic Security — Source: USLM XML via OLRC

(a)(1)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)

(b)(1)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (b)(1), (2), was in the original “this Act”, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 101 of this title and Tables. Codification Section is comprised of section 841 of Pub. L. 107–296. Subsec. (a)(2), (3) of section 841 of Pub. L. 107–296 enacted chapter 97 (§ 9701) of Title 5, Government Organization and Employees.

Statutory Notes and Related Subsidiaries

Independent Investigation and Implementation Plan Pub. L. 117–81, div. F, title LXIV, § 6404, Dec. 27, 2021, 135 Stat. 2400, provided that: “(a) In General.—Not later than 120 days after the date of the enactment of this Act [Dec. 27, 2021], the Comptroller General of the United States shall investigate whether the application in the Department of Homeland Security of discipline and adverse actions for managers and non-managers are administered in an equitable and consistent manner that results in the same or substantially similar disciplinary outcomes across the Department that are appropriately calibrated to address the identified misconduct, taking into account relevant aggravating and mitigating factors. “(b) Consultation.—In carrying out the investigation described in subsection (a), the Comptroller General of the United States shall consult with the Under Secretary for Management of the Department of Homeland Security and the employee engagement steering committee established pursuant to subsection (b)(1) of section 711 of the Homeland Security Act of 2002 [6 U.S.C. 351(b)(1)] (as added by section 6401(a) of this Act). “(c) Action by Under Secretary for Management.—Upon completion of the investigation described in subsection (a), the Under Secretary for Management of the Department of Homeland Security shall review the findings and recommendations of such investigation and implement a plan, in consultation with the employee engagement steering committee established pursuant to subsection (b)(1) of section 711 of the Homeland Security Act of 2002, to correct any relevant deficiencies identified by the Comptroller General of the United States in such investigation. The Under Secretary for Management shall direct the employee engagement steering committee to review such plan to inform committee activities and action plans authorized under such section 711 [6 U.S.C. 351].”