5 U.S.C. § 10102 — Strategic human capital plan

Page 1319 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 10102 title V, Dec. 12, 2017, 131 Stat. 1406, which is set out as a note under section 1792 of Title 10, Armed Forces, and section 1101 of Pub. L. 115–91, div. A, title XI, Dec. 12, 2017, 131 Stat. 1627, which is set out as a note preceding section 1580 of Title 10. AMENDMENTS 2023—Subsec. (a). Pub. L. 118–31, § 1104(1), inserted ‘‘, 3307,’’ after ‘‘3303’’. Subsec. (a)(12), (13). Pub. L. 118–31, § 1104(2), added pars. (12) and (13). Subsec. (a)(14). Pub. L. 118–31, § 1250B(i)(1), added par. (14). Subsec. (b)(1). Pub. L. 118–31, § 1250B(i)(2), substituted ‘‘September 30, 2030’’ for ‘‘September 30, 2025’’. 2021—Subsec. (a)(11). Pub. L. 116–283 added par. (11). 2019—Subsec. (a)(2). Pub. L. 116–92, § 1109(a)(1)(A), amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘Any position involved with cybersecurity.’’ Subsec. (a)(5) to (10). Pub. L. 116–92, § 1109(a)(1)(B), added pars. (5) to (10). Subsecs. (b), (c). Pub. L. 116–92, § 1109(a)(2), added sub- secs. (b) and (c) and struck out former subsec. (b) which provided that effective on Sept. 30, 2025, the authority provided under subsec. (a) would expire. CHAPTER 101—FEDERAL EMERGENCY MANAGEMENT AGENCY PERSONNEL Sec. 10101. Definitions. 10102. Strategic human capital plan. 10103. Career paths. 10104. Recruitment bonuses. 10105. Retention bonuses. 10106. Quarterly report on vacancy rate in employee positions. § 10101. Definitions For purposes of this chapter— (1) the term ‘‘Agency’’ means the Federal Emergency Management Agency; (2) the term ‘‘Administrator’’ means the Ad- ministrator of the Federal Emergency Man- agement Agency; (3) the term ‘‘appropriate committees of Congress’’ has the meaning given the term in section 602 of the Post-Katrina Emergency Management Reform Act of 2006; (4) the term ‘‘Department’’ means the De- partment of Homeland Security; and (5) the term ‘‘Surge Capacity Force’’ refers to the Surge Capacity Force, described under section 624 of the Post-Katrina Emergency Management Reform Act of 2006. (Added Pub. L. 109–295, title VI, § 621(a), Oct. 4, 2006, 120 Stat. 1411.) Editorial Notes REFERENCES IN TEXT Section 602 of the Post-Katrina Emergency Manage- ment Reform Act of 2006, referred to in par. (3), is clas- sified to section 701 of Title 6, Domestic Security. Section 624 of the Post-Katrina Emergency Manage- ment Reform Act of 2006, referred to in par. (5), is clas- sified to section 711 of Title 6, Domestic Security. Statutory Notes and Related Subsidiaries CHANGE OF NAME Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emer- gency Management Agency until Mar. 31, 2007, see sec- tion 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. § 10102. Strategic human capital plan (a) PLAN DEVELOPMENT.—Not later than 6 months after the date of enactment of this chap- ter, the Administrator shall develop and submit to the appropriate committees of Congress a strategic human capital plan to shape and im- prove the workforce of the Agency. (b) CONTENTS.—The strategic human capital plan shall include— (1) a workforce gap analysis, including an as- sessment of— (A) the critical skills and competencies that will be needed in the workforce of the Agency to support the mission and respon- sibilities of, and effectively manage, the Agency during the 10-year period beginning on the date of enactment of this chapter; (B) the skills and competencies of the workforce of the Agency on the day before the date of enactment of this chapter and projected trends in that workforce, based on expected losses due to retirement and other attrition; and (C) the staffing levels of each category of employee, including gaps in the workforce of the Agency on the day before the date of en- actment of this chapter and in the projected workforce of the Agency that should be ad- dressed to ensure that the Agency has con- tinued access to the critical skills and com- petencies described in subparagraph (A); (2) a plan of action for developing and re- shaping the workforce of the Agency to ad- dress the gaps in critical skills and com- petencies identified under paragraph (1)(C), in- cluding— (A) specific recruitment and retention goals, including the use of the bonus au- thorities under this chapter as well as other bonus authorities (including the program ob- jective of the Agency to be achieved through such goals); (B) specific strategies for developing, training, deploying, compensating, and mo- tivating and retaining the Agency workforce and its ability to fulfill the Agency’s mis- sion and responsibilities (including the pro- gram objectives of the Department and the Agency to be achieved through such strate- gies); (C) specific strategies for recruiting indi- viduals who have served in multiple State agencies with emergency management re- sponsibilities; and (D) specific strategies for the development, training, and coordinated and rapid deploy- ment of the Surge Capacity Force; and (3) a discussion that— (A) details the number of employees of the Department not employed by the Agency serving in the Surge Capacity Force and the qualifications or credentials of such individ- uals; (B) details the number of individuals not employed by the Department serving in the Page 1320 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 10103 Surge Capacity Force and the qualifications or credentials of such individuals; (C) describes the training given to the Surge Capacity Force during the calendar year preceding the year of submission of the plan under subsection (c); (D) states whether the Surge Capacity Force is able to adequately prepare for, re- spond to, and recover from natural disasters, acts of terrorism, and other man-made disas- ters, including catastrophic incidents; and (E) describes any additional authorities or resources necessary to address any defi- ciencies in the Surge Capacity Force. (c) ANNUAL UPDATES.—Not later than May 1, 2007, and May 1st of each of the next 5 suc- ceeding years, the Administrator shall submit to the appropriate committees of Congress an update of the strategic human capital plan, in- cluding an assessment by the Administrator, using results-oriented performance measures, of the progress of the Department and the Agency in implementing the strategic human capital plan. (Added Pub. L. 109–295, title VI, § 621(a), Oct. 4, 2006, 120 Stat. 1412.) Editorial Notes REFERENCES IN TEXT The date of enactment of this chapter, referred to in subsecs. (a) and (b)(1), is the date of enactment of Pub. L. 109–295, which was approved Oct. 4, 2006. § 10103. Career paths (a) IN GENERAL.—The Administrator shall— (1) ensure that appropriate career paths for personnel of the Agency are identified, includ- ing the education, training, experience, and assignments necessary for career progression within the Agency; and (2) publish information on the career paths described in paragraph (1). (b) EDUCATION, TRAINING, AND EXPERIENCE.— The Administrator shall ensure that all per- sonnel of the Agency are provided the oppor- tunity to acquire the education, training, and experience necessary to qualify for promotion within the Agency, including, as appropriate, the opportunity to participate in the Rotation Program established under section 844 of the Homeland Security Act of 2002. (c) POLICY.—The Administrator shall establish a policy for assigning Agency personnel to posi- tions that provides for a balance between— (1) the need for such personnel to serve in career enhancing positions; and (2) the need to require service in a position for a sufficient period of time to provide the stability necessary— (A) to carry out the duties of that posi- tion; and (B) for responsibility and accountability for actions taken in that position. (Added Pub. L. 109–295, title VI, § 621(a), Oct. 4, 2006, 120 Stat. 1413.) Editorial Notes REFERENCES IN TEXT Section 844 of the Homeland Security Act of 2002, re- ferred to in subsec. (b), is classified to section 414 of Title 6, Domestic Security. § 10104. Recruitment bonuses (a) IN GENERAL.—The Administrator may pay a bonus to an individual in order to recruit the individual for a position within the Agency that would otherwise be difficult to fill in the ab- sence of such a bonus. Upon completion of the strategic human capital plan, such bonuses shall be paid in accordance with that plan. (b) BONUS AMOUNT.— (1) IN GENERAL.—The amount of a bonus under this section shall be determined by the Administrator, but may not exceed 25 percent of the annual rate of basic pay of the position involved. (2) FORM OF PAYMENT.—A bonus under this section shall be paid in the form of a lump- sum payment and shall not be considered to be part of basic pay. (c) SERVICE AGREEMENTS.—Payment of a bonus under this section shall be contingent upon the employee entering into a written service agree- ment with the Agency. The agreement shall in- clude— (1) the period of service the individual shall be required to complete in return for the bonus; and (2) the conditions under which the agree- ment may be terminated before the agreed- upon service period has been completed, and the effect of the termination. (d) ELIGIBILITY.—A bonus under this section may not be paid to an individual who is ap- pointed to or holds— (1) a position to which an individual is ap- pointed by the President, by and with the ad- vice and consent of the Senate; (2) a position in the Senior Executive Serv- ice as a noncareer appointee (as defined in sec- tion 3132(a)); or (3) a position which has been excepted from the competitive service by reason of its con- fidential, policy-determining, policy-making, or policy-advocating character. (e) TERMINATION.—The authority to pay bo- nuses under this section shall terminate 5 years after the date of enactment of this chapter. (f) REPORTS.— (1) IN GENERAL.—The Agency shall submit to the appropriate committees of Congress, annu- ally for each of the 5 years during which this section is in effect, a report on the operation of this section. (2) CONTENTS.—Each report submitted under this subsection shall include, with respect to the period covered by such report, a descrip- tion of how the authority to pay bonuses under this section was used by the Agency, in- cluding— (A) the number and dollar amount of bo- nuses paid to individuals holding positions within each pay grade, pay level, or other pay classification; and (B) a determination of the extent to which such bonuses furthered the purposes of this section.