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6 U.S.C. § 275Transition

submitted 24 years ago by Pub. L. 107-296 to r/title-6-DOMESTIC-SECURITY · 358 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section moves immigration functions from the old INS to a new Bureau. Old legal references to the prior agency now mean the new Bureau or its Director. Officials keep their old legal powers, and funds, staff, and property transfer too.

(a) References: Some government functions move, by this part, to the Director of the Bureau of Citizenship and Immigration Services. Wherever another federal law, executive order, rule, regulation, delegation, or document refers to the head of the government component the function moved from, that reference now means the Director of the Bureau. Wherever it refers to that component itself, the reference now means the Bureau. (b) Other transition issues: (1) Exercise of authorities: Unless another law says otherwise, an official who receives a transferred function can use all the legal powers that were available to the official previously responsible for that function, as of the effective date specified in section 455. (2) Transfer and allocation of appropriations and personnel: Department of Justice staff working on the transferred functions — and other functions the Secretary decides are properly related to the Bureau's functions — move to the new Bureau. So do the assets, debts, contracts, property, records, and unspent funds of the former Immigration and Naturalization Service connected to those functions, subject to section 1531 of title 31. Any unspent transferred funds can only be used for the purposes they were originally authorized and appropriated for. The Secretary can adjust or rebalance these transfers of funds and personnel for up to 2 years after the effective date specified in section 455.
the actual law source: uscode.house.gov ↗public domain
(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

Source credit: (Pub. L. 107–296, title IV, § 456, Nov. 25, 2002, 116 Stat. 2200.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-296 · 116 Stat. 2200

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-296 on 2002-11-25.

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