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6 U.S.C. § 291 — Abolishment of INS

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

6 U.S.C. § 291 — Abolishment of INS

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Stable record: federal_law:legal_authorities:usc2024-73435b158080388d235cbf0a
Source file: Laws/federal/codes/united-states-code-2024/title-6/section-291-abolishment-of-ins--9782dc637e.md
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Source location: USCODE-2024-title6-chap1-subchapIV-partF-sec291.pdf

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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

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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

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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. § 291 — Professional responsibility and quality review

**(a) In general** The Director of the Bureau of Citizenship and Immigration Services shall be responsible for— (1) conducting investigations of noncriminal allegations of misconduct, corruption, and fraud involving any employee of the Bureau of Citizenship and Immigration Services that are not subject to investigation by the Inspector General for the Department; (2) inspecting the operations of the Bureau of Citizenship and Immigration Services and providing assessments of the quality of the operations of such bureau as a whole and each of its components; and (3) providing an analysis of the management of the Bureau of Citizenship and Immigration Services. **(b) Special considerations** In providing assessments in accordance with subsection (a)(2) with respect to a decision of the Bureau of Citizenship and Immigration Services, or any of its components, consideration shall be given to— (1) the accuracy of the findings of fact and conclusions of law used in rendering the decision; (2) any fraud or misrepresentation associated with the decision; and (3) the efficiency with which the decision was rendered.

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