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(A) shall consult with appropriate juvenile justice
professionals, the Director of the Bureau of Citizenship
and Immigration Services, and the Assistant Secretary of
the Bureau of Border Security to ensure that such deter-
minations ensure that unaccompanied alien children
described in such subparagraph—
(i) are likely to appear for all hearings or pro-
ceedings in which they are involved;
(ii) are protected from smugglers, traffickers, or
others who might seek to victimize or otherwise engage
them in criminal, harmful, or exploitive activity; and
(iii) are placed in a setting in which they are
not likely to pose a danger to themselves or others;
and
(B) shall not release such children upon their own
recognizance.
(3) DUTIES WITH RESPECT TO FOSTER CARE.—In carrying
out the duties described in paragraph (1)(G), the Director of
the Office of Refugee Resettlement is encouraged to use the
refugee children foster care system established pursuant to
section 412(d) of the Immigration and Nationality Act (8 U.S.C.
1522(d)) for the placement of unaccompanied alien children.
(c) RULE OF CONSTRUCTION.—Nothing in this section may be
construed to transfer the responsibility for adjudicating benefit
determinations under the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) from the authority of any official of the Depart-
ment of Justice, the Department of Homeland Security, or the
Department of State.
(d) EFFECTIVE DATE.—Notwithstanding section 4, this section
shall take effect on the date on which the transfer of functions
specified under section 441 takes effect.
(e) REFERENCES.—With respect to any function transferred by
this section, any reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document
of or pertaining to a component of government from which such
function is transferred—
(1) to the head of such component is deemed to refer
to the Director of the Office of Refugee Resettlement; or
(2) to such component is deemed to refer to the Office
of Refugee Resettlement of the Department of Health and
Human Services.
(f) OTHER TRANSITION ISSUES.—
(1) EXERCISE OF AUTHORITIES.—Except as otherwise pro-
vided by law, a Federal official to whom a function is trans-
ferred by this section may, for purposes of performing the
function, exercise all authorities under any other provision
of law that were available with respect to the performance
of that function to the official responsible for the performance
of the function immediately before the effective date specified
in subsection (d).
(2) SAVINGS PROVISIONS.—Subsections (a), (b), and (c) of
section 1512 shall apply to a transfer of functions under this
section in the same manner as such provisions apply to a
transfer of functions under this Act to the Department of Home-
land Security.
(3) TRANSFER AND ALLOCATION OF APPROPRIATIONS AND PER-
SONNEL.—The personnel of the Department of Justice employed
H. R. 5005—71
in connection with the functions transferred by this section,
and the assets, liabilities, contracts, property, records, and
unexpended balance of appropriations, authorizations, alloca-
tions, and other funds employed, held, used, arising from, avail-
able to, or to be made available to, the Immigration and Natu-
ralization Service in connection with the functions transferred
by this section, subject to section 202 of the Budget and
Accounting Procedures Act of 1950, shall be transferred to
the Director of the Office of Refugee Resettlement for allocation
to the appropriate component of the Department of Health
and Human Services. Unexpended funds transferred pursuant
to this paragraph shall be used only for the purposes for which
the funds were originally authorized and appropriated.
(g) DEFINITIONS.—As used in this section—
(1) the term ‘‘placement’’ means the placement of an
unaccompanied alien child in either a detention facility or an
alternative to such a facility; and
(2) the term ‘‘unaccompanied alien child’’ means a child
who—
(A) has no lawful immigration status in the United
States;
(B) has not attained 18 years of age; and
(C) with respect to whom—
(i) there is no parent or legal guardian in the
United States; or
(ii) no parent or legal guardian in the United
States is available to provide care and physical custody.
Subtitle F—General Immigration
Provisions
SEC. 471. ABOLISHMENT OF INS.
(a) IN GENERAL.—Upon completion of all transfers from the
Immigration and Naturalization Service as provided for by this
Act, the Immigration and Naturalization Service of the Department
of Justice is abolished.
(b) PROHIBITION.—The authority provided by section 1502 may
be used to reorganize functions or organizational units within the
Bureau of Border Security or the Bureau of Citizenship and
Immigration Services, but may not be used to recombine the two
bureaus into a single agency or otherwise to combine, join, or
consolidate functions or organizational units of the two bureaus
with each other.
SEC. 472. 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, United States Code) 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—
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(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 Serv-
ices of the Department of Homeland Security; and
(3) the term ‘‘transfer date’’ means the date on which
the transfer of functions specified under section 441 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 Act;
(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) 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 sepa-
ration 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, United States Code;
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 the date of the
enactment of this Act,
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, United States Code,
based on any other separation.
(d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT
FUND.—
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(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 subpara-
graph shall, for any fiscal year, be equal to the minimum
amount necessary to offset the additional costs to the retire-
ment systems under title 5, United States Code (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 regula-
tions of the Office of Personnel Management.
(B) SECOND METHOD.—The amount under this subpara-
graph 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 GOVERN-
MENT.—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 indi-
vidual 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