6 U.S.C. § 275

Current through P.L. 118-64 (published on www.congress.gov on 05/24/2024), except for [P. L. 118-63]
Section 275 - Transition
(a) References

With respect to any function transferred by this part to, and exercised on or after the effective date specified in section 455 1 by, the Director of the Bureau of Citizenship and Immigration Services, 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 Bureau of Citizenship and Immigration Services; or
(2) to such component is deemed to refer to the Bureau of Citizenship and Immigration Services.
(b) Other transition issues
(1) Exercise of authorities

Except as otherwise provided by law, a Federal official to whom a function is transferred by this part 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 section 455.1

(2) Transfer and allocation of appropriations and personnel

The personnel of the Department of Justice employed in connection with the functions transferred by this part (and functions that the Secretary determines are properly related to the functions of the Bureau of Citizenship and Immigration Services), and the assets, liabilities, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available to, the Immigration and Naturalization Service in connection with the functions transferred by this part, subject to section 1531 of title 31, shall be transferred to the Director of the Bureau of Citizenship and Immigration Services for allocation to the appropriate component of the Department. Unexpended funds transferred pursuant to this paragraph shall be used only for the purposes for which the funds were originally authorized and appropriated. The Secretary shall have the right to adjust or realign transfers of funds and personnel effected pursuant to this part for a period of 2 years after the effective date specified in section 455.1

1 See References in Text note below.

6 U.S.C. § 275

Pub. L. 107-296, title IV, §456, Nov. 25, 2002, 116 Stat. 2200.

EDITORIAL NOTES

REFERENCES IN TEXTThis part, referred to in text, was in the original "this subtitle", meaning subtitle E (§§451-462) of title IV of Pub. L. 107-296, 116 Stat. 2195, which enacted this part, amended sections 1356 and 1573 of Title 8, Aliens and Nationality, and enacted provisions set out as a note under section 271 of this title. For complete classification of subtitle E to the Code, see Tables.For the effective date specified in section 455, referred to in text, see section 455 of Pub. L. 107-296 set out as an Effective Date note under section 271 of this title.

CODIFICATIONIn subsec. (b)(2), "section 1531 of title 31" substituted for "section 202 of the Budget and Accounting Procedures Act of 1950" on authority of Pub. L. 97-258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection effective on the date on which the transfer of functions specified under section 251 of this title takes effect, see section 455 of Pub. L. 107-296 set out as a note under section 271 of this title.

Department
The term "Department" means the Department of Homeland Security.
Secretary
The term "Secretary" means the Secretary of Homeland Security.
assets
The term "assets" includes contracts, facilities, property, records, unobligated or unexpended balances of appropriations, and other funds or resources (other than personnel).
functions
The term "functions" includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, and responsibilities.
personnel
The term "personnel" means officers and employees.