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6 U.S.C. § 542 — Reorganization plan

submitted 24 years ago by Pub. L. 107-296 to r/title-6-DOMESTIC-SECURITY · 422 words · no verdicts yet

in plain englishAI-generated · not legal advice

Within 60 days after November 25, 2002, the President had to send congressional committees a plan for transferring agencies, people, assets, and obligations to the Department. The plan also had to address organization, funds, property, and functions, and it could take effect agency by agency on specified dates.

(a) No later than 60 days after November 25, 2002, the President had to send the appropriate congressional committees a reorganization plan covering: (1) transferring agencies, personnel, assets, and obligations to the Department under this chapter; and (2) consolidating, reorganizing, or streamlining agencies transferred under this chapter.

(b) Consistent with this chapter, the plan had to include elements the President considered appropriate, including: (1) identifying agency functions that the plan would not transfer to the Department; (2) stating the Secretary's steps for organizing the Department, including delegating or assigning transferred functions among Department officers; (3) identifying funds available to each agency transferred under the plan; (4) identifying proposed Department allocations of unspent funds transferred with the transfers; (5) identifying proposed handling of property, facilities, contracts, records, and other assets and obligations of transferred agencies; and (6) identifying proposed Department allocations of agency and subdivision functions that are not directly related to securing the homeland.

(c) After consulting the appropriate congressional committees, the President could modify or revise any part of the plan until that part took effect under subsection (d).

(d)(1) The plan, including modifications or revisions under this subsection, took effect for an agency on the earlier of: (A) the date stated in the plan, except that the date could not be earlier than 90 days after the President sent the plan to the committees under subsection (a); or (B) the end of the transition period.

(2) This subsection does not require an agency's functions, personnel, records, unspent appropriations, or other assets to be transferred on one date.

(3) Paragraph (1) applied despite section 905(b) of title 5. The source text refers to modifications under “subsection (d)” in subsection (c), although the modification provision appears in subsection (c); this section does not correct or define that reference.

the actual law source: uscode.house.gov ↗public domain
(a) Submission of plan

Not later than 60 days after November 25, 2002, the President shall transmit to the appropriate congressional committees a reorganization plan regarding the following:

(1)

The transfer of agencies, personnel, assets, and obligations to the Department pursuant to this chapter.

(2)

Any consolidation, reorganization, or streamlining of agencies transferred to the Department pursuant to this chapter.

(b) Plan elements

The plan transmitted under subsection (a) shall contain, consistent with this chapter, such elements as the President deems appropriate, including the following:

(1)

Identification of any functions of agencies transferred to the Department pursuant to this chapter that will not be transferred to the Department under the plan.

(2)

Specification of the steps to be taken by the Secretary to organize the Department, including the delegation or assignment of functions transferred to the Department among officers of the Department in order to permit the Department to carry out the functions transferred under the plan.

(3)

Specification of the funds available to each agency that will be transferred to the Department as a result of transfers under the plan.

(4)

Specification of the proposed allocations within the Department of unexpended funds transferred in connection with transfers under the plan.

(5)

Specification of any proposed disposition of property, facilities, contracts, records, and other assets and obligations of agencies transferred under the plan.

(6)

Specification of the proposed allocations within the Department of the functions of the agencies and subdivisions that are not related directly to securing the homeland.

(c) Modification of plan

The President may, on the basis of consultations with the appropriate congressional committees, modify or revise any part of the plan until that part of the plan becomes effective in accordance with subsection (d).

(d) Effective date
(1) In general

The reorganization plan described in this section, including any modifications or revisions of the plan under subsection (d), shall become effective for an agency on the earlier of—

(A)

the date specified in the plan (or the plan as modified pursuant to subsection (d)), except that such date may not be earlier than 90 days after the date the President has transmitted the reorganization plan to the appropriate congressional committees pursuant to subsection (a); or

(B)

the end of the transition period.

(2) Statutory construction

Nothing in this subsection may be construed to require the transfer of functions, personnel, records, balances of appropriations, or other assets of an agency on a single date.

(3) Supersedes existing law

Paragraph (1) shall apply notwithstanding section 905(b) of title 5.

Source credit: (Pub. L. 107–296, title XV, § 1502, Nov. 25, 2002, 116 Stat. 2308.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-296 · 116 Stat. 2308

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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