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

Summary

Before an agency moves into the Department, the officials who ran it must help the Secretary get it ready. They must provide help the Secretary asks for, including people and equipment. Other agency heads may also loan staff or services during the transition if the Secretary asks and the Department reimburses them. The President may temporarily name people who held Senate-confirmed jobs before the move to act in those posts until the Senate confirms replacements, and those acting officials get whichever pay rate is higher: the new rate or the rate they had when named. If an officer’s duties stay basically the same after the transfer, Senate confirmation is not required to place them in the Department. When an agency transfers, its people, property, and responsibilities move to the Secretary for allocation with the Director of OMB’s approval under 31 U.S.C. 1531(a)(2). Money from the Highway Trust Fund, Airport and Airway Trust Fund, Inland Waterway Trust Fund, and Harbor Maintenance Trust Fund cannot be given to or used by the Secretary or Department officials, except for certain FAA security funds provided before fiscal year 2003 and Coast Guard boating safety funds from the Sport Fish Restoration and Boating Trust Fund.

Title 6, §551

Domestic Security — Source: USLM XML via OLRC

(a)Until the transfer of an agency to the Department, any official having authority over or functions relating to the agency immediately before the effective date of this chapter shall provide to the Secretary such assistance, including the use of personnel and assets, as the Secretary may request in preparing for the transfer and integration of the agency into the Department.

(b)During the transition period, upon the request of the Secretary, the head of any executive agency may, on a reimbursable basis, provide services or detail personnel to assist with the transition.

(c)(1)During the transition period, pending the advice and consent of the Senate to the appointment of an officer required by this chapter to be appointed by and with such advice and consent, the President may designate any officer whose appointment was required to be made by and with such advice and consent and who was such an officer immediately before the effective date of this chapter (and who continues in office) or immediately before such designation, to act in such office until the same is filled as provided in this chapter. While so acting, such officers shall receive compensation at the higher of—

(A)the rates provided by this chapter for the respective offices in which they act; or

(B)the rates provided for the offices held at the time of designation.

(2)Nothing in this chapter shall be understood to require the advice and consent of the Senate to the appointment by the President to a position in the Department of any officer whose agency is transferred to the Department pursuant to this chapter and whose duties following such transfer are germane to those performed before such transfer.

(d)Upon the transfer of an agency to the Department—

(1)the personnel, assets, and obligations held by or available in connection with the agency shall be transferred to the Secretary for appropriate allocation, subject to the approval of the Director of the Office of Management and Budget and in accordance with the provisions of section 1531(a)(2) of title 31; and

(2)the Secretary shall have all functions relating to the agency that any other official could by law exercise in relation to the agency immediately before such transfer, and shall have in addition all functions vested in the Secretary by this chapter or other law.

(e)(1)Notwithstanding any other provision of this chapter, no funds derived from the Highway Trust Fund, Airport and Airway Trust Fund, Inland Waterway Trust Fund, or Harbor Maintenance Trust Fund, may be transferred to, made available to, or obligated by the Secretary or any other official in the Department.

(2)This subsection shall not apply to security-related funds provided to the Federal Aviation Administration for fiscal years preceding fiscal year 2003 for (A) operations, (B) facilities and equipment, or (C) research, engineering, and development, and to any funds provided to the Coast Guard from the Sport Fish Restoration and Boating Trust Fund for boating safety programs.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The

Effective Date

of this chapter, referred to in subsecs. (a) and (c)(1), is 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an

Effective Date

note under section 101 of this title. This chapter, referred to in subsecs. (c), (d)(2), and (e)(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 chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 101 of this title and Tables.

Amendments

2005—Subsec. (e)(2). Pub. L. 109–59 substituted “Sport Fish Restoration and Boating Trust Fund” for “Aquatic Resources Trust Fund of the Highway Trust Fund”. 2003—Subsec. (e)(2). Pub. L. 108–7 inserted before period at end “, and to any funds provided to the Coast Guard from the Aquatic Resources Trust Fund of the Highway Trust Fund for boating safety programs”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2005 Amendment Pub. L. 109–59, title XI, § 11115(d), Aug. 10, 2005, 119 Stat. 1950, provided that: “The

Amendments

made by this section [amending this section and section 9503 and 9504 of Title 26, Internal Revenue Code] shall take effect on October 1, 2005.”

§551 Transitional Authorities

Summary

Title 6, §551

Notes & Related Subsidiaries

Editorial Notes

References in Text

Effective Date

Effective Date

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata