6 U.S.C. § 293 — Authority to conduct a demonstration

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— Page 149 TITLE 6—DOMESTIC SECURITY § 295 (1) may not cover any employees apart from those employed in or under a covered entity; and (2) shall not be limited by any provision of chapter 43, 75, or 77 of title 5. (c) Procedures Under the demonstration project— (1) the use of alternative means of dispute resolution (as defined in section 571 of title 5) shall be encouraged, whenever appropriate; and (2) each covered entity under the jurisdic- tion of the official conducting the project shall be required to provide for the expedi- tious, fair, and independent review of any ac- tion to which section 4303 or subchapter II of chapter 75 of such title 5 would otherwise apply (except an action described in section 7512(5) of such title 5). (d) Actions involving discrimination Notwithstanding any other provision of this section, if, in the case of any matter described in section 7702(a)(1)(B) of title 5, there is no judi- cially reviewable action under the demonstra- tion project within 120 days after the filing of an appeal or other formal request for review (re- ferred to in subsection (c)(2)), an employee shall be entitled to file a civil action to the same ex- tent and in the same manner as provided in sec- tion 7702(e)(1) of such title 5 (in the matter fol- lowing subparagraph (C) thereof). (e) Certain employees Employees shall not be included within any project under this section if such employees are— (1) neither managers nor supervisors; and (2) within a unit with respect to which a labor organization is accorded exclusive rec- ognition under chapter 71 of title 5. Notwithstanding the preceding sentence, an ag- grieved employee within a unit (referred to in paragraph (2)) may elect to participate in a com- plaint procedure developed under the dem- onstration project in lieu of any negotiated grievance procedure and any statutory proce- dure (as such term is used in section 7121 of such title 5). (f) Reports The Government Accountability Office shall prepare and submit to the Committees on Gov- ernment Reform and the Judiciary of the House of Representatives and the Committees on Gov- ernmental Affairs and the Judiciary of the Sen- ate periodic reports on any demonstration project conducted under this section, such re- ports to be submitted after the second and fourth years of its operation. Upon request, the Attorney General or the Secretary shall furnish such information as the Government Account- ability Office may require to carry out this sub- section. (g) Definition In this section, the term ‘‘covered entity’’ has the meaning given such term in section 292(a)(2) of this title. (Pub. L. 107–296, title IV, § 473, Nov. 25, 2002, 116 Stat. 2208; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes AMENDMENTS 2004—Subsec. (f). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’ in two places. Statutory Notes and Related Subsidiaries CHANGE OF NAME 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. § 294. Sense of Congress It is the sense of Congress that— (1) the missions of the Bureau of Border Se- curity and the Bureau of Citizenship and Im- migration Services are equally important and, accordingly, they each should be adequately funded; and (2) the functions transferred under this part should not, after such transfers take effect, operate at levels below those in effect prior to November 25, 2002. (Pub. L. 107–296, title IV, § 474, Nov. 25, 2002, 116 Stat. 2209.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Bureau of Border Security, referred to in par. (1), 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. § 295. Director of Shared Services (a) In general Within the Office of Deputy Secretary, there shall be a Director of Shared Services. (b) Functions The Director of Shared Services shall be re- sponsible for the coordination of resources for the Bureau of Border Security and the Bureau of Citizenship and Immigration Services, includ- ing— (1) information resources management, in- cluding computer databases and information technology; (2) records and file management; and (3) forms management. (Pub. L. 107–296, title IV, § 475, Nov. 25, 2002, 116 Stat. 2209.)