6 U.S.C. § 417 — Rotational cybersecurity research program

Page 221 TITLE 6—DOMESTIC SECURITY § 417 1 So in original. Probably should be ‘‘law’’. tribal governments, and from other sources designated by the Administrator. (2) Enrollment priorities and selection criteria The Administrator shall establish policies governing student enrollment priorities and selection criteria that are consistent with the mission of the Program. (3) Diversity The Administrator shall take reasonable steps to ensure that the student body rep- resents racial, gender, and ethnic diversity. (d) Service commitment (1) In general Before any employee selected for the Pro- gram may be assigned to participate in the program, the employee shall agree in writ- ing— (A) to continue in the service of the agen- cy 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 employ- ee’s education if the employee is voluntarily separated from the service to the agency be- fore the end of the period described in sub- paragraph (A). (2) Payment of expenses (A) Exemption An employee who leaves the service of the sponsoring agency to enter into the service of another agency in any branch of the Gov- ernment shall not be required to make a payment under paragraph (1)(B), unless the head of the agency that sponsored the edu- cation of the employee notifies that em- ployee before the date on which the em- ployee enters the service of the other agency that payment is required under that para- graph. (B) Amount of payment If an employee is required to make a pay- ment under paragraph (1)(B), the agency that sponsored the education of the em- ployee shall determine the amount of the payment, except that such amount may not exceed the pro rata share of the expenses in- curred for the time remaining in the 2-year period. (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, compensa- tion, amount of retirement credit, or other amount due the employee from the Govern- ment; or (B) such other method as is provided by lay 1 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.) Statutory Notes and Related Subsidiaries CHANGE OF NAME The reference to the ‘‘Administrator’’ in text prob- ably means the Administrator of the Federal Emer- gency Management Agency. Any reference to the Ad- ministrator 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 Emergency Management Agen- cy until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of this title. § 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 Depart- ment of Homeland Security employee who en- gages regularly with the public in the perform- ance of his or her official duties solely because that employee elects to utilize protective equip- ment or measures, including but not limited to surgical masks, N95 respirators, gloves, or hand- sanitizers, where use of such equipment or meas- ures is in accord with Department of Homeland Security policy, and Centers for Disease Control and Prevention and Office of Personnel Manage- ment guidance. (Pub. L. 113–6, div. D, title V, § 540, Mar. 26, 2013, 127 Stat. 373.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means div. D of Pub. L. 113–6, Mar. 26, 2013, 127 Stat. 342, known as the Depart- ment of Homeland Security Appropriations Act, 2013. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was enacted as part of the Department of Homeland Security Appropriations Act, 2013, and not as part of the Homeland Security Act of 2002 which com- prises this chapter. § 417. Rotational cybersecurity research program To enhance the Department’s cybersecurity capacity, the Secretary may establish a rota- tional research, development, and training pro- gram for— (1) detail to the Cybersecurity and Infra- structure Security Agency (including the na- tional cybersecurity and communications in- tegration 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 expe- rience in cybersecurity who are employed by— Page 222 TITLE 6—DOMESTIC SECURITY § 421 (A) the Agency (including the center); (B) the Directorate of Science and Tech- nology; 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.) PART F—FEDERAL EMERGENCY PROCUREMENT FLEXIBILITY § 421. Definition In this part, the term ‘‘executive agency’’ has the meaning given that term under section 133 of title 41. (Pub. L. 107–296, title VIII, § 851, Nov. 25, 2002, 116 Stat. 2235.) Editorial Notes CODIFICATION In text, ‘‘section 133 of title 41’’ substituted for ‘‘sec- tion 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1))’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. § 422. Procurements for defense against or recov- ery from terrorism or nuclear, biological, chemical, or radiological attack The authorities provided in this part apply to any procurement of property or services by or for an executive agency that, as determined by the head of the executive agency, are to be used to facilitate defense against or recovery from terrorism or nuclear, biological, chemical, or ra- diological attack, but only if a solicitation of of- fers for the procurement is issued during the 1- year period beginning on November 25, 2002. (Pub. L. 107–296, title VIII, § 852, Nov. 25, 2002, 116 Stat. 2235.) § 423. Increased simplified acquisition threshold for procurements in support of humanitarian or peacekeeping operations or contingency operations (a) Temporary threshold amounts For a procurement referred to in section 422 of this title that is carried out in support of a hu- manitarian or peacekeeping operation or a con- tingency operation, the simplified acquisition threshold definitions shall be applied as if the amount determined under the exception pro- vided for such an operation in those definitions were— (1) in the case of a contract to be awarded and performed, or purchase to be made, inside the United States, $200,000; or (2) in the case of a contract to be awarded and performed, or purchase to be made, out- side the United States, $300,000. (b) Simplified acquisition threshold definitions In this section, the term ‘‘simplified acquisi- tion threshold definitions’’ means the following: (1) Section 134 of title 41. (2) Section 153 of title 41. (3) Section 3015 of title 10. (c) Small business reserve For a procurement carried out pursuant to subsection (a), section 644(j) of title 15 shall be applied as if the maximum anticipated value identified therein is equal to the amounts re- ferred to in subsection (a). (Pub. L. 107–296, title VIII, § 853, Nov. 25, 2002, 116 Stat. 2235; Pub. L. 117–81, div. A, title XVII, § 1702(c)(2), Dec. 27, 2021, 135 Stat. 2155.) Editorial Notes AMENDMENTS 2021—Subsec. (b). Pub. L. 117–81 added pars. (1) to (3) and struck out former pars. (1) to (3) which read as fol- lows: ‘‘(1) Section 4(11) of the Office of Federal Procure- ment Policy Act (41 U.S.C. 403(11)). ‘‘(2) Section 309(d) of the Federal Property and Ad- ministrative Services Act of 1949 (41 U.S.C. 259(d)). ‘‘(3) Section 2302(7) of title 10.’’ § 424. Increased micro-purchase threshold for certain procurements In the administration of section 1902 of title 41 with respect to a procurement referred to in sec- tion 422 of this title, the amount specified in subsections (a), (d), and (e) of such section 1902 shall be deemed to be $7,500. (Pub. L. 107–296, title VIII, § 854, Nov. 25, 2002, 116 Stat. 2236.) Editorial Notes CODIFICATION In text, ‘‘section 1902 of title 41’’ substituted for ‘‘sec- tion 32 of the Office of Federal Procurement Policy Act (41 U.S.C. 428)’’ and ‘‘subsections (a), (d), and (e) of such section 1902’’ substituted for ‘‘subsections (c), (d), and (f) of such section 32’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. § 425. Application of certain commercial items authorities to certain procurements (a) Authority (1) In general The head of an executive agency may apply the provisions of law listed in paragraph (2) to a procurement referred to in section 422 of this title without regard to whether the property or services are commercial items. (2) Commercial item laws The provisions of law referred to in para- graph (1) are as follows: (A) Sections 1901 and 1906 of title 41. (B) Section 3205 of title 10. (C) Section 3305 of title 41. (b) Inapplicability of limitation on use of sim- plified acquisition procedures (1) In general The $5,000,000 limitation provided in section 1901(a)(2) of title 41, section 3205(a)(2) of title 10, and section 3305(a)(2) of title 41 shall not apply to purchases of property or services to which any of the provisions of law referred to in subsection (a) are applied under the author- ity of this section.