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6 U.S.C. § 412 — Personal services

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

6 U.S.C. § 412 — Personal services

The Secretary— (1) may procure the temporary or intermittent services of experts or consultants (or organizations thereof) in accordance with [section 3109 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num=0&edition=prelim); and (2) may, whenever necessary due to an urgent homeland security need, procure temporary (not to exceed 1 year) or intermittent personal services, including the services of experts or consultants (or organizations thereof), without regard to the pay limitations of such section 3109.

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Stable record: federal_law:legal_authorities:record_usc_2a78ec6d9321c1bca95a2c52
Source file: Laws/federal/codes/united-states-code/title-6/section-412-personal-services--516767acbb.md
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Source location: Title 6, Chapter 1, § 412; chapter-001-homeland-security-organization.md

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

5 U.S.C. § 3109 — Employment of experts and consultants; temporary or intermittent

**(a)** For the purpose of this section— (1) “agency” has the meaning given it by [section 5721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5721&num=0&edition=prelim); and (2) “appropriation” includes funds made available by statute under [section 9104 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9104&num=0&edition=prelim). **(b)** When authorized by an appropriation or other statute, the head of an agency may procure by contract the temporary (not in excess of 1 year) or intermittent services of experts or consultants or an organization thereof, including stenographic reporting services. Services procured under this section are without regard to— (1) the provisions of this title governing appointment in the competitive service; (2) chapter 51 and subchapter III of chapter 53 of this title; and (3) section 6101(b) to (d) of title 41, except in the case of stenographic reporting services by an organization. However, an agency subject to chapter 51 and subchapter III of chapter 53 of this title may pay a rate for services under this section in excess of the daily equivalent of the highest rate payable under [section 5332 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim) only when specifically authorized by the appropriation or other statute authorizing the procurement of the services. **(c)** Positions in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service may not be filled under the authority of subsection (b) of this section. **(d)** The Office of Personnel Management shall prescribe regulations necessary for the administration of t

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

5 U.S.C. § 9701 — Establishment of human resources management system

**(a) In General.—** Notwithstanding any other provision of this part, the Secretary of Homeland Security may, in regulations prescribed jointly with the Director of the Office of Personnel Management, establish, and from time to time adjust, a human resources management system for some or all of the organizational units of the Department of Homeland Security. **(b) System Requirements.—** Any system established under subsection (a) shall— (1) be flexible; (2) be contemporary; (3) not waive, modify, or otherwise affect— (A) the public employment principles of merit and fitness set forth in section 2301, including the principles of hiring based on merit, fair treatment without regard to political affiliation or other nonmerit considerations, equal pay for equal work, and protection of employees against reprisal for whistleblowing; (B) any provision of section 2302, relating to prohibited personnel practices; (C) (i) any provision of law referred to in section 2302(b)(1), (8), and (9); or (ii) any provision of law implementing any provision of law referred to in section 2302(b)(1), (8), and (9) by— (I) providing for equal employment opportunity through affirmative action; or (II) providing any right or remedy available to any employee or applicant for employment in the civil service; (D) any other provision of this part (as described in subsection (c)); or (E) any rule or regulation prescribed under any provision of law referred to in any of the preceding subparagraphs of this paragraph; (4) ensure that employees may organize, bargain collectively, and participate through labor organizations of their own choosing in decisions which affect them, subject to any exclusion from coverage or limitation on negotiability established by

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

6 U.S.C. § 412 — Labor-management relations

Page 218 TITLE 6—DOMESTIC SECURITY § 411 Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Oversight and Reform of House of Rep- resentatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. PART E—HUMAN RESOURCES MANAGEMENT § 411. Establishment of human resources manage- ment system (a) Authority (1) Sense of Congress It is the sense of Congress that— (A) it is extremely important that employ- ees of the Department be allowed to partici- pate 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 man- agement system envisioned for the Depart- ment should be one that benefits from the input of its employees; and (D) this collaborative effort will help se- cure 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 po- sitions Except as otherwise provided in this chap- ter, 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 t

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