§275 — Title 6 Domestic Security | U.S. Code

Summary

When functions are moved to the Bureau of Citizenship and Immigration Services and the Director starts doing them on or after the effective date in section 455, any legal reference that used to mean the head or the agency that had those functions will now mean the Director or the Bureau. Unless another law says otherwise, a federal official who gets a transferred function can use the same legal powers that the old official had to do that work. Department of Justice staff who worked on those functions, and the related INS assets, liabilities, contracts, property, records, and unexpended funds, will transfer to the Director for assignment inside the Department. The unspent money must be used for the purposes it was originally approved for, the transfer is subject to section 1531 of title 31, and the Secretary may adjust transfers of people and funds for 2 years after the effective date in section 455.

Title 6, §275

Domestic Security — Source: USLM XML via OLRC

(a)With respect to any function transferred by this part to, and exercised on or after the effective date specified in section 455 11 See References in Text note below. 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)(1)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)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

Notes & Related Subsidiaries

Editorial Notes

References in Text

This part, referred to in text, was in the original “this subtitle”, meaning subtitle E (§§ 451–462) of title IV of Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2195, which enacted this part, amended section 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. Codification In 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 Date

Section 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.

§275 Transition

Summary

Title 6, §275

Notes & Related Subsidiaries

Editorial Notes

References in Text

Effective Date

Effective Date

Statutory Notes and Related Subsidiaries

Effective Date

Transfer of Functions

Citations & Metadata