6 U.S.C. § 292 — Voluntary separation incentive payments

Page 147 TITLE 6—DOMESTIC SECURITY § 292 Pub. L. 117–328, div. H, title II, § 234, Dec. 29, 2022, 136 Stat. 4886. Pub. L. 117–103, div. H, title II, § 234, Mar. 15, 2022, 136 Stat. 473. Pub. L. 116–260, div. H, title II, § 235, Dec. 27, 2020, 134 Stat. 1597. Pub. L. 116–94, div. A, title II, § 235, Dec. 20, 2019, 133 Stat. 2585. PART F—GENERAL IMMIGRATION PROVISIONS § 291. Abolishment of INS (a) In general Upon completion of all transfers from the Im- migration and Naturalization Service as pro- vided for by this chapter, the Immigration and Naturalization Service of the Department of Justice is abolished. (b) Prohibition The authority provided by section 542 of this title may be used to reorganize functions or or- ganizational units within the Bureau of Border Security or the Bureau of Citizenship and Immi- gration Services, but may not be used to recom- bine the two bureaus into a single agency or otherwise to combine, join, or consolidate func- tions or organizational units of the two bureaus with each other. (Pub. L. 107–296, title IV, § 471, Nov. 25, 2002, 116 Stat. 2205.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. Statutory Notes and Related Subsidiaries CHANGE OF NAME Bureau of Border Security, referred to in subsec. (b), changed to Bureau of Immigration and Customs En- forcement by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th Congress, 1st Session, set out as a note under section 542 of this title. § 292. Voluntary separation incentive payments (a) Definitions For purposes of this section— (1) the term ‘‘employee’’ means an employee (as defined by section 2105 of title 5) who— (A) has completed at least 3 years of cur- rent continuous service with 1 or more cov- ered entities; and (B) is serving under an appointment with- out time limitation, but does not include any person under sub- paragraphs (A)–(G) of section 663(a)(2) of Pub- lic Law 104–208 (5 U.S.C. 5597 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 Immigra- tion Services of the Department of Home- land Security; and (3) the term ‘‘transfer date’’ means the date on which the transfer of functions specified under section 251 of this title 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 offi- cial 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 pur- suant to this chapter; (2) a summary description of how the au- thority 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 note). As used in the preceding sentence, the ‘‘appro- priate committees of Congress’’ are the Commit- tees on Appropriations, Government Reform, and the Judiciary of the House of Representa- tives, 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 in- centive payments to employees. Any such pay- ment— (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 en- titled to receive under section 5595(c) of title 5; or (B) an amount not to exceed $25,000, as de- termined by the Attorney General or the Secretary; (4) may not be made except in the case of any qualifying employee who voluntarily sepa- rates (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 Novem- ber 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 deter- mining the amount of any severance pay to which the employee may be entitled under sec- tion 5595 of title 5, based on any other separa- tion. (d) Additional agency contributions to the retire- ment fund (1) In general In addition to any payments which it is oth- erwise required to make, the Department of Page 148 TITLE 6—DOMESTIC SECURITY § 293 Justice and the Department of Homeland Se- curity 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 de- posit 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 vol- untary separation of the employees de- scribed 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 sec- tion 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 pay- able 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 sepa- ration incentive payment under this section and who, within 5 years after the date of the separa- tion 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 in- centive 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 Sec- retary for Border and Transportation Security (for transfer to the appropriate component of the Department of Homeland Security, if nec- essary). (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 vol- untary separations under this section to make other positions available to more critical loca- tions or more critical occupations. (Pub. L. 107–296, title IV, § 472, Nov. 25, 2002, 116 Stat. 2205.) Editorial Notes REFERENCES IN TEXT Section 663 of Public Law 104–208, referred to in sub- secs. (a)(1) and (b)(3), probably means Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 663], Sept. 30, 1996, 110 Stat. 3009–314, 3009–383, which is classified as a note under section 5597 of Title 5, Government Organization and Employees. This chapter, referred to in subsec. (b)(1), was in the original ‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. Statutory Notes and Related Subsidiaries CHANGE OF NAME Bureau of Border Security, referred to in subsec. (a)(2)(B), changed to Bureau of Immigration and Cus- toms Enforcement by Reorganization Plan Modifica- tion for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th Congress, 1st Ses- sion, set out as a note under section 542 of this title. Committee on Government Reform of House of Rep- resentatives changed to Committee on Oversight and 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. § 293. Authority to conduct a demonstration project relating to disciplinary action (a) In general The Attorney General and the Secretary may each, during a period ending not later than 5 years after November 25, 2002, conduct a dem- onstration project for the purpose of deter- mining whether one or more changes in the poli- cies or procedures relating to methods for dis- ciplining employees would result in improved personnel management. (b) Scope A demonstration project under this section—