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Title 6 — Domestic Security

Part B · Chapter 1 — Homeland Security Organization

§ 551. Transitional authorities

Statutory text

(a)

Provision of assistance by officials

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)

Services and personnel

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)

Acting officials

(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)

Transfer of personnel, assets, obligations, and functions

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)

Prohibition on use of transportation trust funds

(1)

In general

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)

Limitation

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Homeland Security Act of 2002

    Pub. L. 107–296 title XV § 1511 · 116 Stat. 2135

    Enacted · 6 U.S.C. § 551

    Pub. L. 107–296, title XV, § 1511, Nov. 25, 2002, 116 Stat. 2309

    Source evidence

    Code source credit
    Pub. L. 107–296, title XV, § 1511, Nov. 25, 2002, 116 Stat. 2309

    Enacted provision · exact public law section
    SEC. 1511. TRANSITIONAL AUTHORITIES. (a) Provision of Assistance by Officials.— 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 Act 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) Services and Personnel.— 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) Acting Officials.— (1) During the transition period, pending the advice and consent of the Senate to the appointment of an officer required by this Act 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 Act (and who continues in office) or immediately before such designation, to act in such office until the same is filled as provided in this Act. While so acting, such officers shall receive compensation at the higher of— (A) the rates provided by this Act 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 Act 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 Act and whose duties following such transfer are germane to those performed before such transfer. (d) Transfer of Personnel, Assets, Obligations, and Functions.— 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, United States Code; 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 Act or other law. (e) Prohibition on Use of Transportation Trust Funds.— (1) In general.— Notwithstanding any other provision of this Act, 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) Limitation.— 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.

  2. Department of Justice Appropriations Act, 2003

    Pub. L. 108–7 div. L § 103(4) · 117 Stat. 11

    Inserted · 6 U.S.C. § 551(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    Sec. 103. None of the funds appropriated under this title shall be used to require any person to perform, or facilitate in any way the performance of, any abortion.

  3. Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

    Pub. L. 109–59 title XI § 11115(b)(2)(F) · 119 Stat. 1144

    Substituted · 6 U.S.C. § 551(e)(2)

    Pub. L. 109–59 substituted “Sport Fish Restoration and Boating Trust Fund” for “Aquatic Resources Trust Fund of the Highway Trust Fund”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (F) Paragraph (2) of section 1511(e) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)) is amended by striking “Aquatic Resources Trust Fund of the Highway Trust Fund” and inserting “Sport Fish Restoration and Boating Trust Fund”.

    Effective date note
    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 sections 9503 and 9504 of Title 26, Internal Revenue Code] shall take effect on October 1, 2005.”

3 of 3 references resolved to an enrolled provision

Editorial Notes

References in Text

The effective date of this chapter, referred to in subsecs. (a) and (c)(1), is 60 days after , 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, , 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.

Amendments2003–2005 · 2 rounds

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), , 119 Stat. 1950, provided that: “The amendments made by this section [amending this section and sections 9503 and 9504 of Title 26, Internal Revenue Code] shall take effect on .”

Credits

2002–2005 · 3 acts
  1. 2002Pub. L. 107–296, title XV, § 1511, , 116 Stat. 2309
  2. 2003Pub. L. 108–7, div. L, § 103(4), , 117 Stat. 529
  3. 2005Pub. L. 109–59, title XI, § 11115(b)(2)(F), , 119 Stat. 1950.
Show as published

(Pub. L. 107–296, title XV, § 1511, , 116 Stat. 2309; Pub. L. 108–7, div. L, § 103(4), , 117 Stat. 529; Pub. L. 109–59, title XI, § 11115(b)(2)(F), , 119 Stat. 1950.)

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