PUBLIC LAW 107-296—NOV. 25, 2002 116 STAT. 2233 "(A) employees of the Department are entitled to fair treatment in any appeals that they bring in decisions relating to their employment; and "(B) in prescribing regulations for any such appeals procedures, the Secretary and the Director of the Office of Personnel Management— "(i) should ensure that employees of the Department are afforded the protections of due process; and "(ii) toward that end, should be required to consult with the Merit Systems Protection Board before issuing any such regulations. "(2) REQUIREMENTS. — Any regulations under this section which relate to any matters within the purview of chapter 77— "(A) shall be issued only after consultation with the Merit Systems Protection Board; "(B) shall ensure the availability of procedures which shall— "(i) be consistent with requirements of due process; and "(ii) provide, to the maximum extent practicable, for the expeditious handling of any matters involving the Department; and "(C) shall modify procedures under chapter 77 only insofar as such modifications are designed to further the fair, efficient, and expeditious resolution of matters involving the employees of the Department. "(g) PROVISIONS RELATING TO LABOR-MANAGEMENT RELA- TIONS. — Nothing in this section shall be construed as conferring authority on the Secretary of Homeland Security to modify any of the provisions of section 842 of the Homeland Security Act of 2002. "(h) SUNSET PROVISION.— Effective 5 years after the conclusion of the transition period defined under section 1501 of the Homeland Security Act of 2002, all authority to issue regulations under this section (including regulations which would modify, supersede, or terminate any regulations previously issued under this section) shall cease to be available.". (3) TECHNICAL AND CONFORMING AMENDMENT. —The table of chapters for part III of title 5, United States Code, is amended by adding at the end of the following: "97. Department of Homeland Security 9701". (b) EFFECT ON PERSONNEL. — (1) NONSEPARATION OR NONREDUCTION IN GRADE OR COM- PENSATION OF FULL-TIME PERSONNEL AND PART-TIME PERSONNEL HOLDING PERMANENT POSITIONS.—Except as otherwise provided in this Act, the transfer under this Act 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 EXECU- TIVE SCHEDULE.—Any person who, on the day preceding such person's date of transfer pursuant to this Act, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed in the Department 99-194 0-03 -21:QL3Part3
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