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6 U.S.C. § 301 — Voluntary separation incentive payments

Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 301 — Voluntary separation incentive payments

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Source file: Laws/federal/codes/united-states-code/title-6/section-301-voluntary-separation-incentive-payments--55b00a1fbc.md
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Source location: Title 6, Chapter 1, § 301; chapter-001-homeland-security-organization.md

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**(a) Definitions** For purposes of this section— (1) the term “employee” means an employee (as defined by [section 2105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim)) who— (A) has completed at least 3 years of current continuous service with 1 or more covered entities; and (B) is serving under an appointment without time limitation, but does not include any person under subparagraphs (A)–(G) of section 663(a)(2) of Public Law 104–208 ([5 U.S.C. 5597](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5597&num=0&edition=prelim) note); (2) the term “covered entity” means— (A) the Immigration and Naturalization Service; (B) the Bureau of Border Security of the Department of Homeland Security; and (C) the Bureau of Citizenship and Immigration Services of the Department of Homeland Security; and (3) the term “transfer date” means the date on which the transfer of functions specified under [section 251 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section251&num=0&edition=prelim) takes effect. **(b) Strategic restructuring plan** Before the Attorney General or the Secretary obligates any resources for voluntary separation incentive payments under this section, such official shall submit to the appropriate committees of Congress a strategic restructuring plan, which shall include— (1) an organizational chart depicting the covered entities after their restructuring pursuant to this chapter; (2) a summary description of how the authority under this section will be used to help carry out that restructuring; and (3) the information specified in section 663(b)(2) of Public Law 104–208 ([5 U.S.C. 5597](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5597&num=0&edition=prelim) note). As used in the preceding sentence, the “appropriate committees of Congress” are the Committees on Appropriations, Government Reform, and the Judiciary of the House of Representatives, and the Committees on Appropriations, Governmental Affairs, and the Judiciary of the Senate. **(c) Authority** The Attorney General and the Secretary may, to the extent necessary to help carry out their respective strategic restructuring plan described in subsection (b), make voluntary separation incentive payments to employees. Any such payment— (1) shall be paid to the employee, in a lump sum, after the employee has separated from service; (2) shall be paid from appropriations or funds available for the payment of basic pay of the employee; (3) shall be equal to the lesser of— (A) the amount the employee would be entitled to receive under [section 5595(c) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5595/c&num=0&edition=prelim); or (B) an amount not to exceed $25,000, as determined by the Attorney General or the Secretary; (4) may not be made except in the case of any qualifying employee who voluntarily separates (whether by retirement or resignation) before the end of— (A) the 3-month period beginning on the date on which such payment is offered or made available to such employee; or (B) the 3-year period beginning on November 25, 2002, whichever occurs first; (5) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and (6) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under [section 5595 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5595&num=0&edition=prelim), based on any other separation. **(d) Additional agency contributions to the retirement fund** (1) **In general** — In addition to any payments which it is otherwise required to make, the Department of Justice and the Department of Homeland Security shall, for each fiscal year with respect to which it makes any voluntary separation incentive payments under this section, remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund the amount required under paragraph (2). (2) **Amount required** — The amount required under this paragraph shall, for any fiscal year, be the amount under subparagraph (A) or (B), whichever is greater. (A) *First method* — The amount under this subparagraph shall, for any fiscal year, be equal to the minimum amount necessary to offset the additional costs to the retirement systems under title 5 (payable out of the Civil Service Retirement and Disability Fund) resulting from the voluntary separation of the employees described in paragraph (3), as determined under regulations of the Office of Personnel Management. (B) *Second method* — The amount under this subparagraph shall, for any fiscal year, be equal to 45 percent of the sum total of the final basic pay of the employees described in paragraph (3). (3) **Computations to be based on separations occurring in the fiscal year involved** — The employees described in this paragraph are those employees who receive a voluntary separation incentive payment under this section based on their separating from service during the fiscal year with respect to which the payment under this subsection relates. (4) **Final basic pay defined** — In this subsection, the term “final basic pay” means, with respect to an employee, the total amount of basic pay which would be payable for a year of service by such employee, computed using the employee’s final rate of basic pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefor. **(e) Effect of subsequent employment with the Government** An individual who receives a voluntary separation incentive payment under this section and who, within 5 years after the date of the separation on which the payment is based, accepts any compensated employment with the Government or works for any agency of the Government through a personal services contract, shall be required to pay, prior to the individual’s first day of employment, the entire amount of the incentive payment. Such payment shall be made to the covered entity from which the individual separated or, if made on or after the transfer date, to the Deputy Secretary or the Under Secretary for Border and Transportation Security (for transfer to the appropriate component of the Department of Homeland Security, if necessary). **(f) Effect on employment levels** (1) **Intended effect** — Voluntary separations under this section are not intended to necessarily reduce the total number of full-time equivalent positions in any covered entity. (2) **Use of voluntary separations** — A covered entity may redeploy or use the full-time equivalent positions vacated by voluntary separations under this section to make other positions available to more critical locations or more critical occupations.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 2105 — Employee

**(a)** For the purpose of this title, “employee”, except as otherwise provided by this section or when specifically modified, means an officer and an individual who is— (1) appointed in the civil service by one of the following acting in an official capacity— (A) the President; (B) a Member or Members of Congress, or the Congress; (C) a member of a uniformed service; (D) an individual who is an employee under this section; (E) the head of a Government controlled corporation; or (F) an adjutant general designated by the Secretary concerned under [section 709(c) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709/c&num=0&edition=prelim); (2) engaged in the performance of a Federal function under authority of law or an Executive act; and (3) subject to the supervision of an individual named by paragraph (1) of this subsection while engaged in the performance of the duties of his position. **(b)** An individual who is employed at the United States Naval Academy in the midshipmen’s laundry, the midshipmen’s tailor shop, the midshipmen’s cobbler and barber shops, and the midshipmen’s store, except an individual employed by the Academy dairy (if any), and whose employment in such a position began before October 1, 1996, and has been uninterrupted in such a position since that date is deemed an employee. **(c)** An employee paid from nonappropriated funds of the Army and Air Force Exchange Service, Navy Ships Stores Program, Navy exchanges, Marine Corps exchanges, Coast Guard exchanges, and other instrumentalities of the United States under the jurisdiction of the armed forces conducted for the comfort, pleasure, contentment, and mental and physical improvement of personnel of the armed forces is deemed not an emp

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2105

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 251 — Prevention of international child abduction

**(a) Program established** The Secretary, through the Commissioner of U.S. Customs and Border Protection (referred to in this section as “CBP”), in coordination with the Secretary of State, the Attorney General, and the Director of the Federal Bureau of Investigation, shall establish a program that— (1) seeks to prevent a child (as defined in [section 1204(b)(1) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1204/b/1&num=0&edition=prelim)) from departing from the territory of the United States if a parent or legal guardian of such child presents a court order from a court of competent jurisdiction prohibiting the removal of such child from the United States to a CBP Officer in sufficient time to prevent such departure for the duration of such court order; and (2) leverages other existing authorities and processes to address the wrongful removal and return of a child. **(b) Interagency coordination** (1) **In general** — The Secretary of State shall convene and chair an interagency working group to prevent international parental child abduction. The group shall be composed of presidentially appointed, Senate confirmed officials from— (A) the Department of State; (B) the Department of Homeland Security, including U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement; and (C) the Department of Justice, including the Federal Bureau of Investigation. (2) **Department of Defense** — The Secretary of Defense shall designate an official within the Department of Defense— (A) to coordinate with the Department of State on international child abduction issues; and (B) to oversee activities designed to prevent or resolve international child abduction cases relating to active duty military servic

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 251

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5597 — Separation pay

**(a)** For the purpose of this section— (1) the term “Secretary” means the Secretary of Defense; (2) the term “defense agency” means an agency of the Department of Defense, as further defined under regulations prescribed by the Secretary; and (3) the term “employee” means an employee of a defense agency, serving under an appointment without time limitation, who has been currently employed for a continuous period of at least 12 months, except that such term does not include— (A) a reemployed annuitant under subchapter III of chapter 83, chapter 84, or another retirement system for employees of the Government; or (B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under any of the retirement systems referred to in subparagraph (A). **(b)** In order to avoid or minimize the need for involuntary separations due to a reduction in force, base closure, reorganization, transfer of function, workforce restructuring (to meet mission needs, achieve one or more strength reductions, correct skill imbalances, or reduce the number of high-grade, managerial, or supervisory positions), or other similar action affecting 1 or more defense agencies, the Secretary shall establish a program under which separation pay may be offered to encourage eligible employees to separate from service voluntarily (whether by retirement or resignation). **(c)** Under the program, separation pay may be offered by a defense agency only— (1) with the prior consent, or on the authority, of the Secretary; and (2) to employees within such occupational groups or geographic locations, or subject to such other similar objective and nonpersonal limitations or conditions, as the Secretary may require. A determination of which employee

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5597

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 101 — Cyber incident review

**(a) Activities** The Center shall— (1) receive, aggregate, analyze, and secure, using processes consistent with the processes developed pursuant to the Cybersecurity Information Sharing Act of 2015 ([6 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1501&num=0&edition=prelim) et seq.) reports from covered entities related to a covered cyber incident to assess the effectiveness of security controls, identify tactics, techniques, and procedures adversaries use to overcome those controls and other cybersecurity purposes, including to assess potential impact of cyber incidents on public health and safety and to enhance situational awareness of cyber threats across critical infrastructure sectors; (2) coordinate and share information with appropriate Federal departments and agencies to identify and track ransom payments, including those utilizing virtual currencies; (3) leverage information gathered about cyber incidents to— (A) enhance the quality and effectiveness of information sharing and coordination efforts with appropriate entities, including agencies, sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, critical infrastructure owners and operators, cybersecurity and cyber incident response firms, and security researchers; and (B) provide appropriate entities, including sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, cybersecurity and cyber incident response firms, and security researchers, with timely, actionable, and anonymized reports of cyber incident campaigns and trends, including, to the maximum extent practicable

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 101

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5595 — Severance pay

**(a)** For the purpose of this section— (1) “agency” means— (A) an Executive agency; (B) the Library of Congress; (C) the Government Publishing Office; (D) the government of the District of Columbia; (E) the Administrative Office of the United States Courts, the Federal Judicial Center, and the courts named by [section 610 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section610&num=0&edition=prelim); and (F) the Office of the Architect of the Capitol; and (2) “employee” means— (A) an individual employed in or under an agency; and (B) an individual employed by a county committee established under [section 590h(b) of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590h/b&num=0&edition=prelim); but does not include— (i) an employee (other than a member of the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, or an employee whose pay is fixed under section 5376) whose rate of basic pay is fixed at a rate provided for one of the levels of the Executive Schedule or is in excess of the maximum rate for the Executive Schedule; (ii) an employee serving under an appointment with a definite time limitation, except one so appointed for full-time employment without a break in service of more than 3 days following service under an appointment without time limitation; (iii) an alien employee who occupies a position outside the several States, the District of Columbia, and the areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of the Panama Canal Act of 1979); (iv) an

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4452 — Report on certain U.S. Customs and Border Protection agreements

**(a) In general** Not later than one year after entering into an agreement under a program specified in subsection (b), and annually thereafter until the termination of the program, the Commissioner shall submit to the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Ways and Means and the Committee on Homeland Security of the House of Representatives a report that includes the following: (1) A description of the development of the program, including an identification of the authority under which the program operates. (2) A description of the type of entity with which U.S. Customs and Border Protection entered into the agreement and the amount that entity reimbursed U.S. Customs and Border Protection under the agreement. (3) An identification of the type of port of entry to which the agreement relates and an assessment of how the agreement provides economic benefits and security benefits (if applicable) at the port of entry. (4) A description of the services provided by U.S. Customs and Border Protection under the agreement during the year preceding the submission of the report. (5) The amount of fees collected under the agreement during that year. (6) The total operating expenses of the program during that year. (7) A detailed accounting of how the fees collected under the agreement have been spent during that year. (8) A summary of any complaints or criticism received by U.S. Customs and Border Protection during that year regarding the agreement. (9) An assessment of the compliance of the entity described in paragraph (2) with the terms of the agreement. (10) Recommendations with respect to how activities conducted pursuant to the agreement could function more effectively or better produ

Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 4452

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 314a — Port of entry donation authority

**(a) Personal property donation authority** (1) **In general** — The Commissioner of U.S. Customs and Border Protection, in consultation with the Administrator of General Services, may enter into an agreement with any entity to accept a donation of personal property, money, or nonpersonal services for the uses described in paragraph (3) only with respect to the following locations at which U.S. Customs and Border Protection performs or will be performing inspection services: (A) A new or existing sea or air port of entry. (B) An existing Federal Government-owned or -leased land port of entry. (C) A new Federal Government-owned or -leased land port of entry if— (i) the fair market value of the donation is $75,000,000 or less; and (ii) the fair market value of donations with respect to the land port of entry total $75,000,000 or less over the preceding five years. (2) **Limitation on monetary donations** — Any monetary donation accepted pursuant to this subsection may not be used to pay the salaries of U.S. Customs and Border Protection employees performing inspection services. (3) **Uses** — Donations accepted pursuant to this subsection may be used for activities of the Office of Field Operations set forth in subparagraphs (A) through (F) of [section 211(g)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section211/g/3&num=0&edition=prelim), which are related to a new or existing sea or air port of entry or a new or existing Federal Government-owned or -leased land port of entry described in paragraph (1), including expenses related to— (A) furniture, fixtures, equipment, or technology, including the installation or deployment of such items; and (B) the operation and maintenance of such furniture, fixtur

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 314a

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5597 — Separation pay

Page 713 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5597 ‘‘(E) LIMITATION ON PAYMENTS.—Payments under this paragraph may not be made before October 1, 1988, except that interest shall continue to accrue in accordance with [section] 5596(b)(2)(B) of title 5, United States Code.’’ EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of Title 22, Foreign Relations and Intercourse. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as an Effective Date note under section 1101 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Pub. L. 94–172, § 1(b), Dec. 23, 1975, 89 Stat. 1025, pro- vided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply to any employee found, on or after March 30, 1966, to have undergone an unjustified or unwarranted personnel action the correc- tion of which entitled or entitles such employee to the benefits provided under section 5596 of title 5, United States Code.’’ LUMP-SUM PAYMENTS FOR FORMER EMPLOYEES NOT ON THE ROLLS ON DECEMBER 23, 1975 Pub. L. 94–172, § 2, Dec. 23, 1975, 89 Stat. 1025, provided that: ‘‘With respect to former employee (except a former employee referred to in section 3 of this Act) [set out as a note below] who is not on the rolls on the date of the enactment of this Act [Dec. 23, 1975], annual leave, which was not credited under section 5596 of title 5, United

Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 5597

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 301 — Fee agreements for certain services at

Page 152 TITLE 6—DOMESTIC SECURITY § 301 Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Com- mittee on Oversight and Reform of House of Represent- atives by House Resolution No. 6, One Hundred Six- teenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hun- dred Eighteenth Congress, Jan. 9, 2023. Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Gov- ernmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Con- gress, Oct. 9, 2004. PART G—U.S. CUSTOMS AND BORDER PROTECTION PUBLIC PRIVATE PARTNERSHIPS § 301. Fee agreements for certain services at ports of entry (a) In general Notwithstanding section 58c(e) of title 19 and section 1451 of title 19, the Commissioner of U.S. Customs and Border Protection, upon the re- quest of any entity, may enter into a fee agree- ment with such entity under which— (1) U.S. Customs and Border Protection shall provide services described in subsection (b) at a United States port of entry or any other fa- cility at which U.S. Customs and Border Pro- tection provides or will provide such services; (2) such entity shall remit to U.S. Customs and Border Protection a fee imposed under subsection (h) in an amount equal to the full costs that are incurred or will be incurred in providing such services; and (3) if space is provided by such entity, each facility at which U.S. Customs and Border Protection services are performed shall be mainta

Source: Supplied 2024 U.S. Code historical extraction · 6 U.S.C. § 301

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