6 U.S.C. § 415 — Homeland Security Education Program

Page 220 TITLE 6—DOMESTIC SECURITY § 414 1 So in original. There is no subsec. (b). (Pub. L. 107–296, title VIII, § 843, as added Pub. L. 108–458, title VII, § 7408(a), Dec. 17, 2004, 118 Stat. 3854.) Editorial Notes REFERENCES IN TEXT Section 1701(7) of title 21, referred to in subsec. (b)(1)(A), was redesignated section 1701(11) of title 21 by Pub. L. 115–271, title VIII, § 8216(4), Oct. 24, 2018, 132 Stat. 4117. § 414. Homeland Security Rotation Program (a) 1 Establishment (1) In general Not later than 180 days after October 4, 2006, the Secretary shall establish the Homeland Security Rotation Program (in this section re- ferred to as the ‘‘Rotation Program’’) for em- ployees of the Department. The Rotation Pro- gram shall use applicable best practices, in- cluding those from the Chief Human Capital Officers Council. (2) Goals The Rotation Program established by the Secretary shall— (A) be established in accordance with the Human Capital Strategic Plan of the Depart- ment; (B) provide middle and senior level em- ployees in the Department the opportunity to broaden their knowledge through expo- sure to other components of the Depart- ment; (C) expand the knowledge base of the De- partment by providing for rotational assign- ments of employees to other components; (D) build professional relationships and contacts among the employees in the De- partment; (E) invigorate the workforce with exciting and professionally rewarding opportunities; (F) incorporate Department human capital strategic plans and activities, and address critical human capital deficiencies, recruit- ment and retention efforts, and succession planning within the Federal workforce of the Department; and (G) complement and incorporate (but not replace) rotational programs within the De- partment in effect on October 4, 2006. (3) Administration (A) In general The Chief Human Capital Officer shall ad- minister the Rotation Program. (B) Responsibilities The Chief Human Capital Officer shall— (i) provide oversight of the establish- ment and implementation of the Rotation Program; (ii) establish a framework that supports the goals of the Rotation Program and promotes cross-disciplinary rotational op- portunities; (iii) establish eligibility for employees to participate in the Rotation Program and select participants from employees who apply; (iv) establish incentives for employees to participate in the Rotation Program, in- cluding promotions and employment pref- erences; (v) ensure that the Rotation Program provides professional education and train- ing; (vi) ensure that the Rotation Program develops qualified employees and future leaders with broad-based experience throughout the Department; (vii) provide for greater interaction among employees in components of the Department; and (viii) coordinate with rotational pro- grams within the Department in effect on October 4, 2006. (4) Allowances, privileges, and benefits All allowances, privileges, rights, seniority, and other benefits of employees participating in the Rotation Program shall be preserved. (5) Reporting Not later than 180 days after the date of the establishment of the Rotation Program, the Secretary shall submit a report on the status of the Rotation Program, including a descrip- tion of the Rotation Program, the number of employees participating, and how the Rota- tion Program is used in succession planning and leadership development to the appropriate committees of Congress. (Pub. L. 107–296, title VIII, § 844, as added Pub. L. 109–295, title VI, § 622(a), Oct. 4, 2006, 120 Stat. 1416.) § 415. Homeland Security Education Program (a) Establishment The Secretary, acting through the Adminis- trator, shall establish a graduate-level Home- land Security Education Program in the Na- tional Capital Region to provide educational op- portunities to senior Federal officials and se- lected State and local officials with homeland security and emergency management respon- sibilities. The Administrator shall appoint an individual to administer the activities under this section. (b) Leveraging of existing resources To maximize efficiency and effectiveness in carrying out the Program, the Administrator shall use existing Department-reviewed Master’s Degree curricula in homeland security, includ- ing curricula pending accreditation, together with associated learning materials, quality as- sessment tools, digital libraries, exercise sys- tems and other educational facilities, including the National Domestic Preparedness Consor- tium, the National Fire Academy, and the Emergency Management Institute. The Admin- istrator may develop additional educational pro- grams, as appropriate. (c) Student enrollment (1) Sources The student body of the Program shall in- clude officials from Federal, State, local, and 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—