§ 344. Chief Human Capital Officer

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2002

   Homeland Security Act of 2002

   Pub. L. 107–296 title VII § 704 · 116 Stat. 2135

   Enacted · 6 U.S.C. § 344

   Pub. L. 107–296, title VII, § 704, Nov. 25, 2002, 116 Stat. 2219

   Source evidence

   Code source credit
   Pub. L. 107–296, title VII, § 704, Nov. 25, 2002, 116 Stat. 2219

   Enacted provision · exact public law section
   SEC. 704. CHIEF HUMAN CAPITAL OFFICER. The Chief Human Capital Officer shall report to the Secretary, or to another official of the Department, as the Secretary may direct and shall ensure that all employees of the Department are informed of their rights and remedies under chapters 12 and 23 of title 5, United States Code, by— (1) participating in the 2302(c) Certification Program of the Office of Special Counsel; (2) achieving certification from the Office of Special Counsel of the Department’s compliance with section 2302(c) of title United States Code; and (3) informing Congress of such certification not later than 24 months after the date of enactment of this Act.

2. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 div. A title XIX § 1904 · 130 Stat. 2000

   Amended · 6 U.S.C. § 344

   Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “The Chief Human Capital Officer shall report to the Secretary, or to another official of the Department, as the Secretary may direct and shall ensure that all employees of the Department are informed of their rights and remedies under chapters 12 and 23 of title 5 by—

   Source evidence

   Code amendment note
   Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: “The Chief Human Capital Officer shall report to the Secretary, or to another official of the Department, as the Secretary may direct and shall ensure that all employees of the Department are informed of their rights and remedies under chapters 12 and 23 of title 5 by—

   “(1) participating in the 2302(c) Certification Program of the Office of Special Counsel; “(2) achieving certification from the Office of Special Counsel of the Department’s compliance with section 2302(c) of title 5; and “(3) informing Congress of such certification not later than 24 months after November 25, 2002.”

   Enacted provision · exact public law section
   SEC. 1904. CHIEF HUMAN CAPITAL OFFICER OF THE DEPARTMENT OF HOMELAND SECURITY.   Section 704 of the Homeland Security Act of 2002 (6 U.S.C. 344) is amended to read as follows: “SEC. 704. CHIEF HUMAN CAPITAL OFFICER. “(a) In General.— The Chief Human Capital Officer shall report directly to the Under Secretary for Management. “(b) Responsibilities.— In addition to the responsibilities set forth in chapter 14 of title 5, United States Code, and other applicable law, the Chief Human Capital Officer of the Department shall— “(1) develop and implement strategic workforce planning policies that are consistent with Government-wide leading principles and in line with Department strategic human capital goals and priorities, taking into account the special requirements of members of the Armed Forces serving in the Coast Guard; “(2) develop performance measures to provide a basis for monitoring and evaluating Department-wide strategic workforce planning efforts; “(3) develop, improve, and implement policies, including compensation flexibilities available to Federal agencies where appropriate, to recruit, hire, train, and retain the workforce of the Department, in coordination with all components of the Department; “(4) identify methods for managing and overseeing human capital programs and initiatives, in coordination with the head of each component of the Department; “(5) develop a career path framework and create opportunities for leader development in coordination with all components of the Department; “(6) lead the efforts of the Department for managing employee resources, including training and development opportunities, in coordination with each component of the Department; “(7) work to ensure the Department is implementing human capital programs and initiatives and effectively educating each component of the Department about these programs and initiatives; “(8) identify and eliminate unnecessary and duplicative human capital policies and guidance; “(9) provide input concerning the hiring and performance of the Chief Human Capital Officer or comparable official in each component of the Department; and “(10) ensure that all employees of the Department are informed of their rights and remedies under chapters 12 and 23 of title 5, United States Code. “(c) Component Strategies.— “(1) In general.— Each component of the Department shall, in coordination with the Chief Human Capital Officer of the Department, develop a 5-year workforce strategy for the component that will support the goals, objectives, and performance measures of the Department for determining the proper balance of Federal employees and private labor resources. “(2) Strategy requirements.— In developing the strategy required under paragraph (1), each component shall consider the effect on human resources associated with creating additional Federal full-time equivalent positions, converting private contractors to Federal employees, or relying on the private sector for goods and services. “(d) Annual Submission.— Not later than 90 days after the date on which the Secretary submits the annual budget justification for the Department, the Secretary shall submit to the congressional homeland security committees a report that includes a table, delineated by component with actual and enacted amounts, including— “(1) information on the progress within the Department of fulfilling the workforce strategies developed under subsection (c); “(2) the number of on-board staffing for Federal employees from the prior fiscal year; “(3) the total contract hours submitted by each prime contractor as part of the service contract inventory required under section 743 of the Financial Services and General Government Appropriations Act, 2010 (division C of Public Law 111–117; 31 U.S.C. 501 note); and “(4) the number of full-time equivalent personnel identified under the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 et seq.). “(e) Limitation.— Nothing in this section overrides or otherwise affects the requirements specified in section 888.” .

3. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 § 6403(a)(1) · 135 Stat. 1541

   1. Inserted · 6 U.S.C. § 344(b)(1)

      Pub. L. 117–81, § 6403(a)(1), inserted “, including with respect to leader development and employee engagement,” after “policies” and “and informed by best practices within the Federal Government and the private sector,” after “priorities,”

   2. Substituted · 6 U.S.C. § 344(b)(1)

      Pub. L. 117–81, § 6403(a)(1), substituted “, in line” for “and in line”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 117–81, § 6403(a)(1), inserted “, including with respect to leader development and employee engagement,” after “policies” and “and informed by best practices within the Federal Government and the private sector,” after “priorities,”, and substituted “, in line” for “and in line”.

   Enacted provision · exact public law section
   (A) in paragraph (1)— (i) by inserting “, including with respect to leader development and employee engagement,” after “policies”; (ii) by striking “and in line” and inserting “, in line”; and (iii) by inserting “and informed by best practices within the Federal Government and the private sector,” after “priorities,”;

4. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 § 6403(1)(B) · 135 Stat. 1541

   Substituted · 6 U.S.C. § 344(b)(2)

   Pub. L. 117–81, § 6403(1)(B), substituted “use performance measures to evaluate, on an ongoing basis,” for “develop performance measures to provide a basis for monitoring and evaluating”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 117–81, § 6403(1)(B), substituted “use performance measures to evaluate, on an ongoing basis,” for “develop performance measures to provide a basis for monitoring and evaluating”.

   Enacted provision · exact public law section
   (B) in paragraph (2), by striking “develop performance measures to provide a basis for monitoring and evaluating” and inserting “use performance measures to evaluate, on an ongoing basis,”;

5. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 § 6403(1)(C) · 135 Stat. 1541

   Inserted · 6 U.S.C. § 344(b)(3)

   Pub. L. 117–81, § 6403(1)(C), inserted “that, to the extent practicable, are informed by employee feedback” after “policies”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 117–81, § 6403(1)(C), inserted “that, to the extent practicable, are informed by employee feedback” after “policies”.

   Enacted provision · exact public law section
   (C) in paragraph (3), by inserting “that, to the extent practicable, are informed by employee feedback” after “policies”;

6. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 § 6403(1)(D) · 135 Stat. 1541

   Inserted · 6 U.S.C. § 344(b)(4)

   Pub. L. 117–81, § 6403(1)(D), inserted “including leader development and employee engagement programs,” before “in coordination”

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 117–81, § 6403(1)(D), inserted “including leader development and employee engagement programs,” before “in coordination”.

   Enacted provision · exact public law section
   (D) in paragraph (4), by inserting “including leader development and employee engagement programs,” before “in coordination”;

7. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 § 6403(1)(E) · 135 Stat. 1541

   Inserted · 6 U.S.C. § 344(b)(5)

   Pub. L. 117–81, § 6403(1)(E), inserted “that is informed by an assessment, carried out by the Chief Human Capital Officer, of the learning and developmental needs of employees in supervisory and nonsupervisory roles across the Department and appropriate workforce planning initiatives” before semicolon at end

   Source evidence

   Code amendment note
   Subsec. (b)(5). Pub. L. 117–81, § 6403(1)(E), inserted “that is informed by an assessment, carried out by the Chief Human Capital Officer, of the learning and developmental needs of employees in supervisory and nonsupervisory roles across the Department and appropriate workforce planning initiatives” before semicolon at end.

   Enacted provision · exact public law section
   (E) in paragraph (5), by inserting before the semicolon at the end the following: “that is informed by an assessment, carried out by the Chief Human Capital Officer, of the learning and developmental needs of employees in supervisory and nonsupervisory roles across the Department and appropriate workforce planning initiatives”;

8. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 § 6403(1)(G) · 135 Stat. 1541

   Redesignated · 6 U.S.C. § 344(b)(9)(12)

   Pub. L. 117–81, § 6403(1)(G), added pars. (9) to (12). Former pars. (9) and (10) redesignated (13) and (14), respectively

   Source evidence

   Code amendment note
   Subsec. (b)(9) to (12). Pub. L. 117–81, § 6403(1)(G), added pars. (9) to (12). Former pars. (9) and (10) redesignated (13) and (14), respectively.

   Enacted provision · exact public law section
   (G) by inserting after paragraph (8) the following new paragraphs: “(9) maintain a catalogue of available employee development opportunities, including the Homeland Security Rotation Program pursuant to section 844, departmental leadership development programs, interagency development programs, and other rotational programs; “(10) ensure that employee discipline and adverse action programs comply with the requirements of all pertinent laws, rules, regulations, and Federal guidance, and ensure due process for employees; “(11) analyze each Department or Government-wide Federal workforce satisfaction or morale survey not later than 90 days after the date of the publication of each such survey and submit to the Secretary such analysis, including, as appropriate, recommendations to improve workforce satisfaction or morale within the Department; “(12) review and approve all component employee engagement action plans to ensure such plans include initiatives responsive to the root cause of employee engagement challenges, as well as outcome-based performance measures and targets to track the progress of such initiatives;” ;

9. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 § 6403(1)(F) · 135 Stat. 1541

   Redesignated · 6 U.S.C. § 344(b)(13); 6 U.S.C. § 344(b)(14)

   Pub. L. 117–81, § 6403(1)(F), redesignated pars. (9) and (10) as (13) and (14), respectively

   Source evidence

   Code amendment note
   Subsec. (b)(13), (14). Pub. L. 117–81, § 6403(1)(F), redesignated pars. (9) and (10) as (13) and (14), respectively.

   Enacted provision · exact public law section
   (F) by redesignating paragraphs (9) and (10) as paragraphs (13) and (14), respectively; and

10. 2021

    National Defense Authorization Act for Fiscal Year 2022

    Pub. L. 117–81 § 6403(3) · 135 Stat. 1541

    Redesignated · 6 U.S.C. § 344(d)

    Pub. L. 117–81, § 6403(3), added subsec. (d). Former subsec. (d) redesignated (e)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 117–81, § 6403(3), added subsec. (d). Former subsec. (d) redesignated (e).

    Enacted provision · exact public law section
    (3) by inserting after subsection (c) the following new subsection: “(d) Chief Learning and Engagement Officer.— The Chief Human Capital Officer may designate an employee of the Department to serve as a Chief Learning and Engagement Officer to assist the Chief Human Capital Officer in carrying out this section.” ; and

11. 2021

    National Defense Authorization Act for Fiscal Year 2022

    Pub. L. 117–81 § 6403(2) · 135 Stat. 1541

    1. Redesignated · 6 U.S.C. § 344(e)

       Pub. L. 117–81, § 6403(2), (4), redesignated subsec. (d) as (e)

    2. Inserted · 6 U.S.C. § 344(e)

       Pub. L. 117–81, § 6403(2), (4), inserted pars. (2) to (4)

    3. Redesignated · 6 U.S.C. § 344(e)

       Pub. L. 117–81, § 6403(2), (4), redesignated former pars. (2) to (4) as (5) to (7), respectively

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 117–81, § 6403(2), (4), redesignated subsec. (d) as (e), inserted pars. (2) to (4), and redesignated former pars. (2) to (4) as (5) to (7), respectively.

    Enacted provision · exact public law section
    (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively;

12. 2021

    National Defense Authorization Act for Fiscal Year 2022

    Pub. L. 117–81 § 6403(2) · 135 Stat. 1541

    Redesignated · 6 U.S.C. § 344(f)

    Pub. L. 117–81, § 6403(2), redesignated subsec. (e) as (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 117–81, § 6403(2), redesignated subsec. (e) as (f).

    Enacted provision · exact public law section
    (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively;

15 of 15 references resolved to an enrolled provision