Collapse to view only § 294. Sense of Congress
- § 291. Abolishment of INS
- § 292. Voluntary separation incentive payments
- § 293. Authority to conduct a demonstration project relating to disciplinary action
- § 294. Sense of Congress
- § 295. Director of Shared Services
- § 296. Separation of funding
- § 297. Reports and implementation plans
- § 298. Immigration functions
§ 291. Abolishment of INS
(a) In general
(b) Prohibition
(Pub. L. 107–296, title IV, § 471, Nov. 25, 2002, 116 Stat. 2205.)
§ 292. Voluntary separation incentive payments
(a) DefinitionsFor 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 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 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 takes effect.
(b) Strategic restructuring planBefore 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 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) AuthorityThe 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; 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, based on any other separation.
(d) Additional agency contributions to the retirement fund
(1) In general
(2) Amount requiredThe amount required under this paragraph shall, for any fiscal year, be the amount under subparagraph (A) or (B), whichever is greater.
(A) First method
(B) Second method
(3) Computations to be based on separations occurring in the fiscal year involved
(4) Final basic pay defined
(e) Effect of subsequent employment with the Government
(f) Effect on employment levels
(1) Intended effect
(2) Use of voluntary separations
(Pub. L. 107–296, title IV, § 472, Nov. 25, 2002, 116 Stat. 2205.)
§ 293. Authority to conduct a demonstration project relating to disciplinary action
(a) In general
(b) Scope
A demonstration project under this section—
(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 jurisdiction of the official conducting the project shall be required to provide for the expeditious, fair, and independent review of any action 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
(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 recognition under chapter 71 of title 5.
Notwithstanding the preceding sentence, an aggrieved employee within a unit (referred to in paragraph (2)) may elect to participate in a complaint procedure developed under the demonstration project in lieu of any negotiated grievance procedure and any statutory procedure (as such term is used in section 7121 of such title 5).
(f) Reports
(g) Definition
(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.)
§ 294. Sense of Congress
It is the sense of Congress that—
(1) the missions of the Bureau of Border Security and the Bureau of Citizenship and Immigration 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.)
§ 295. Director of Shared Services
(a) In general
(b) Functions
The Director of Shared Services shall be responsible for the coordination of resources for the Bureau of Border Security and the Bureau of Citizenship and Immigration Services, including—
(1) information resources management, including 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.)
§ 296. Separation of funding
(a) In general
(b) Separate budgets
(c) Fees
(d) Fees not transferable
(Pub. L. 107–296, title IV, § 476, Nov. 25, 2002, 116 Stat. 2209.)
§ 297. Reports and implementation plans
(a) Division of funds
(b) Division of personnel
(c) Implementation plan
(1) In general
(2) ContentsThe implementation plan should include details concerning the separation of the Bureau of Citizenship and Immigration Services and the Bureau of Border Security, including the following:
(A) Organizational structure, including the field structure.
(B) Chain of command.
(C) Procedures for interaction among such bureaus.
(D) Fraud detection and investigation.
(E) The processing and handling of removal proceedings, including expedited removal and applications for relief from removal.
(F) Recommendations for conforming amendments to the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(G) Establishment of a transition team.
(H) Methods to phase in the costs of separating the administrative support systems of the Immigration and Naturalization Service in order to provide for separate administrative support systems for the Bureau of Citizenship and Immigration Services and the Bureau of Border Security.
(d) Comptroller General studies and reports
(1) Status reports on transitionNot later than 18 months after the date on which the transfer of functions specified under section 251 of this title takes effect, and every 6 months thereafter, until full implementation of this part has been completed, the Comptroller General of the United States shall submit to the Committees on Appropriations and on the Judiciary of the House of Representatives and the Senate a report containing the following:
(A) A determination of whether the transfers of functions made by parts D and E of this subchapter have been completed, and if a transfer of functions has not taken place, identifying the reasons why the transfer has not taken place.
(B) If the transfers of functions made by parts D and E of this subchapter have been completed, an identification of any issues that have arisen due to the completed transfers.
(C) An identification of any issues that may arise due to any future transfer of functions.
(2) Report on managementNot later than 4 years after the date on which the transfer of functions specified under section 251 of this title takes effect, the Comptroller General of the United States shall submit to the Committees on Appropriations and on the Judiciary of the House of Representatives and the Senate a report, following a study, containing the following:
(A) Determinations of whether the transfer of functions from the Immigration and Naturalization Service to the Bureau of Citizenship and Immigration Services and the Bureau of Border Security have improved, with respect to each function transferred, the following:
(i) Operations.
(ii) Management, including accountability and communication.
(iii) Financial administration.
(iv) Recordkeeping, including information management and technology.
(B) A statement of the reasons for the determinations under subparagraph (A).
(C) Any recommendations for further improvements to the Bureau of Citizenship and Immigration Services and the Bureau of Border Security.
(3) Report on fees
(Pub. L. 107–296, title IV, § 477, Nov. 25, 2002, 116 Stat. 2209.)
§ 298. Immigration functions
(a) Annual report
(1) In general
(2) Matter included
The report shall address the following with respect to the period covered by the report:
(A) The aggregate number of all immigration applications and petitions received, and processed, by the Department.
(B) Region-by-region statistics on the aggregate number of immigration applications and petitions filed by an alien (or filed on behalf of an alien) and denied, disaggregated by category of denial and application or petition type.
(C) The quantity of backlogged immigration applications and petitions that have been processed, the aggregate number awaiting processing, and a detailed plan for eliminating the backlog.
(D) The average processing period for immigration applications and petitions, disaggregated by application or petition type.
(E) The number and types of immigration-related grievances filed with any official of the Department of Justice, and if those grievances were resolved.
(F) Plans to address grievances and improve immigration services.
(G) Whether immigration-related fees were used consistent with legal requirements regarding such use.
(H) Whether immigration-related questions conveyed by customers to the Department (whether conveyed in person, by telephone, or by means of the Internet) were answered effectively and efficiently.
(b) Sense of Congress regarding immigration services
It is the sense of Congress that—
(1) the quality and efficiency of immigration services rendered by the Federal Government should be improved after the transfers made by this part take effect; and
(2) the Secretary should undertake efforts to guarantee that concerns regarding the quality and efficiency of immigration services are addressed after such effective date.
(Pub. L. 107–296, title IV, § 478, Nov. 25, 2002, 116 Stat. 2211.)