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6 U.S.C. § 297 — Children’s affairs

Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 297 — Children’s affairs

**(a) Transfer of functions** There are transferred to the Director of the Office of Refugee Resettlement of the Department of Health and Human Services functions under the immigration laws of the United States with respect to the care of unaccompanied alien children that were vested by statute in, or performed by, the Commissioner of Immigration and Naturalization (or any officer, employee, or component of the Immigration and Naturalization Service) immediately before the effective date specified in subsection (d). **(b) Functions** (1) **In general** — Pursuant to the transfer made by subsection (a), the Director of the Office of Refugee Resettlement shall be responsible for— (A) coordinating and implementing the care and placement of unaccompanied alien children who are in Federal custody by reason of their immigration status, including developing a plan to be submitted to Congress on how to ensure that qualified and independent legal counsel is timely appointed to represent the interests of each such child, consistent with the law regarding appointment of counsel that is in effect on November 25, 2002; (B) ensuring that the interests of the child are considered in decisions and actions relating to the care and custody of an unaccompanied alien child; (C) making placement determinations for all unaccompanied alien children who are in Federal custody by reason of their immigration status; (D) implementing the placement determinations; (E) implementing policies with respect to the care and placement of unaccompanied alien children; (F) identifying a sufficient number of qualified individuals, entities, and facilities to house unaccompanied alien children; (G) overseeing the infrastructure and personnel of facilities in which unaccompanied alien c

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Source file: Laws/federal/codes/united-states-code/title-6/section-297-childrens-affairs--c10bcd1815.md
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Source location: Title 6, Chapter 1, § 297; chapter-001-homeland-security-organization.md

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**(a) Transfer of functions** There are transferred to the Director of the Office of Refugee Resettlement of the Department of Health and Human Services functions under the immigration laws of the United States with respect to the care of unaccompanied alien children that were vested by statute in, or performed by, the Commissioner of Immigration and Naturalization (or any officer, employee, or component of the Immigration and Naturalization Service) immediately before the effective date specified in subsection (d). **(b) Functions** (1) **In general** — Pursuant to the transfer made by subsection (a), the Director of the Office of Refugee Resettlement shall be responsible for— (A) coordinating and implementing the care and placement of unaccompanied alien children who are in Federal custody by reason of their immigration status, including developing a plan to be submitted to Congress on how to ensure that qualified and independent legal counsel is timely appointed to represent the interests of each such child, consistent with the law regarding appointment of counsel that is in effect on November 25, 2002; (B) ensuring that the interests of the child are considered in decisions and actions relating to the care and custody of an unaccompanied alien child; (C) making placement determinations for all unaccompanied alien children who are in Federal custody by reason of their immigration status; (D) implementing the placement determinations; (E) implementing policies with respect to the care and placement of unaccompanied alien children; (F) identifying a sufficient number of qualified individuals, entities, and facilities to house unaccompanied alien children; (G) overseeing the infrastructure and personnel of facilities in which unaccompanied alien children reside; (H) reuniting unaccompanied alien children with a parent abroad in appropriate cases; (I) compiling, updating, and publishing at least annually a state-by-state list of professionals or other entities qualified to provide guardian and attorney representation services for unaccompanied alien children; (J) maintaining statistical information and other data on unaccompanied alien children for whose care and placement the Director is responsible, which shall include— (i) biographical information, such as a child’s name, gender, date of birth, country of birth, and country of habitual residence; (ii) the date on which the child came into Federal custody by reason of his or her immigration status; (iii) information relating to the child’s placement, removal, or release from each facility in which the child has resided; (iv) in any case in which the child is placed in detention or released, an explanation relating to the detention or release; and (v) the disposition of any actions in which the child is the subject; (K) collecting and compiling statistical information from the Department of Justice, the Department of Homeland Security, and the Department of State on each department’s actions relating to unaccompanied alien children; and (L) conducting investigations and inspections of facilities and other entities in which unaccompanied alien children reside, including regular follow-up visits to such facilities, placements, and other entities, to assess the continued suitability of such placements. (2) **Coordination with other entities; no release on own recognizance** — In making determinations described in paragraph (1)(C), the Director of the Office of Refugee Resettlement— (A) shall consult with appropriate juvenile justice professionals, the Director of the Bureau of Citizenship and Immigration Services, and the Assistant Secretary of the Bureau of Border Security to ensure that such determinations ensure that unaccompanied alien children described in such subparagraph— (i) are likely to appear for all hearings or proceedings in which they are involved; (ii) are protected from smugglers, traffickers, or others who might seek to victimize or otherwise engage them in criminal, harmful, or exploitive activity; and (iii) are placed in a setting in which they are not likely to pose a danger to themselves or others; and (B) shall not release such children upon their own recognizance. (3) **Duties with respect to foster care** — In carrying out the duties described in paragraph (1), the Director of the Office of Refugee Resettlement is encouraged to use the refugee children foster care system established pursuant to section 412(d) of the Immigration and Nationality Act ([8 U.S.C. 1522(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1522/d&num=0&edition=prelim)) for the placement of unaccompanied alien children. (4) **Rule of construction** — Nothing in paragraph (2)(B) may be construed to require that a bond be posted for an unaccompanied alien child who is released to a qualified sponsor. **(c) Rule of construction** Nothing in this section may be construed to transfer the responsibility for adjudicating benefit determinations under the Immigration and Nationality Act ([8 U.S.C. 1101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim) et seq.) from the authority of any official of the Department of Justice, the Department of Homeland Security, or the Department of State. **(d) Effective date** Notwithstanding section 4,11 See References in Text note below. this section shall take effect on the date on which the transfer of functions specified under [section 251 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section251&num=0&edition=prelim) takes effect. **(e) References** With respect to any function transferred by this section, 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 Office of Refugee Resettlement; or (2) to such component is deemed to refer to the Office of Refugee Resettlement of the Department of Health and Human Services. **(f) Other transition issues** (1) **Exercise of authorities** — Except as otherwise provided by law, a Federal official to whom a function is transferred by this section 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 subsection (d). (2) **Savings provisions** — Subsections (a), (b), and (c) of [section 552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section552&num=0&edition=prelim) shall apply to a transfer of functions under this section in the same manner as such provisions apply to a transfer of functions under this chapter to the Department of Homeland Security. (3) **Transfer and allocation of appropriations and personnel** — The personnel of the Department of Justice employed in connection with the functions transferred by this section, 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 section, subject to [section 1531 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1531&num=0&edition=prelim), shall be transferred to the Director of the Office of Refugee Resettlement for allocation to the appropriate component of the Department of Health and Human Services. Unexpended funds transferred pursuant to this paragraph shall be used only for the purposes for which the funds were originally authorized and appropriated. **(g) Definitions** As used in this section— (1) the term “placement” means the placement of an unaccompanied alien child in either a detention facility or an alternative to such a facility; and (2) the term “unaccompanied alien child” means a child who— (A) has no lawful immigration status in the United States; (B) has not attained 18 years of age; and (C) with respect to whom— (i) there is no parent or legal guardian in the United States; or (ii) no parent or legal guardian in the United States is available to provide care and physical custody.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 251 — Prevention of international child abduction

**(a) Program established** The Secretary, through the Commissioner of U.S. Customs and Border Protection (referred to in this section as “CBP”), in coordination with the Secretary of State, the Attorney General, and the Director of the Federal Bureau of Investigation, shall establish a program that— (1) seeks to prevent a child (as defined in [section 1204(b)(1) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1204/b/1&num=0&edition=prelim)) from departing from the territory of the United States if a parent or legal guardian of such child presents a court order from a court of competent jurisdiction prohibiting the removal of such child from the United States to a CBP Officer in sufficient time to prevent such departure for the duration of such court order; and (2) leverages other existing authorities and processes to address the wrongful removal and return of a child. **(b) Interagency coordination** (1) **In general** — The Secretary of State shall convene and chair an interagency working group to prevent international parental child abduction. The group shall be composed of presidentially appointed, Senate confirmed officials from— (A) the Department of State; (B) the Department of Homeland Security, including U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement; and (C) the Department of Justice, including the Federal Bureau of Investigation. (2) **Department of Defense** — The Secretary of Defense shall designate an official within the Department of Defense— (A) to coordinate with the Department of State on international child abduction issues; and (B) to oversee activities designed to prevent or resolve international child abduction cases relating to active duty military servic

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1101 — Definitions

**(a)** As used in this chapter— (1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim). (2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in. (3) The term “alien” means any person not a citizen or national of the United States. (4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa. (5) The term “Attorney General” means the Attorney General of the United States. (6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien. (7) The term “clerk of court” means a clerk of a naturalization court. (8) The terms “Commissioner” and “Deputy Commissioner” mean the Co

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1531 — Transfers of functions and activities

**(a)** The balance of an appropriation available and necessary to finance or discharge a function or activity transferred or assigned under law within an executive agency or from one executive agency to another may be transferred to and used— (1) by the organizational unit or agency to which the function or activity was transferred or assigned; and (2) for a purpose for which the appropriation was originally available. **(b)** The head of the executive agency determines the amount that, with the approval of the President, is necessary to be transferred when the transfer or assignment of the function or activity is within the agency. The President determines the amount necessary to be transferred when the transfer or assignment of the function or activity is from one executive agency to another. **(c)** A balance transferred under this section is— (1) credited to an applicable existing or new appropriation account; (2) merged with the amount in an account to which the balance is credited; and (3) with the amount with which the balance is merged, accounted for as one amount. **(d)** New appropriation accounts may be established to carry out subsection (c)(1) of this section.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 101 — Cyber incident review

**(a) Activities** The Center shall— (1) receive, aggregate, analyze, and secure, using processes consistent with the processes developed pursuant to the Cybersecurity Information Sharing Act of 2015 ([6 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1501&num=0&edition=prelim) et seq.) reports from covered entities related to a covered cyber incident to assess the effectiveness of security controls, identify tactics, techniques, and procedures adversaries use to overcome those controls and other cybersecurity purposes, including to assess potential impact of cyber incidents on public health and safety and to enhance situational awareness of cyber threats across critical infrastructure sectors; (2) coordinate and share information with appropriate Federal departments and agencies to identify and track ransom payments, including those utilizing virtual currencies; (3) leverage information gathered about cyber incidents to— (A) enhance the quality and effectiveness of information sharing and coordination efforts with appropriate entities, including agencies, sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, critical infrastructure owners and operators, cybersecurity and cyber incident response firms, and security researchers; and (B) provide appropriate entities, including sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, cybersecurity and cyber incident response firms, and security researchers, with timely, actionable, and anonymized reports of cyber incident campaigns and trends, including, to the maximum extent practicable

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 552 — Bureau of Alcohol, Tobacco, Firearms, and Explosives

**(a) , (b) Transferred** **(c) Transfer of authorities, functions, personnel, and assets to the Department of Justice** (1) **Transferred** (2) **Administration and revenue collection functions** — There shall be retained within the Department of the Treasury the authorities, functions, personnel, and assets of the Bureau of Alcohol, Tobacco and Firearms relating to the administration and enforcement of chapters 51 and 52 of title 26, sections 4181 and 4182 of title 26, and title 27. (3) **Transferred** **(d) Tax and Trade Bureau** (1) **Establishment** — There is established within the Department of the Treasury the Tax and Trade Bureau. (2) **Administrator** — The Tax and Trade Bureau shall be headed by an Administrator, who shall perform such duties as assigned by the Under Secretary for Enforcement of the Department of the Treasury. The Administrator shall occupy a career-reserved position within the Senior Executive Service. (3) **Responsibilities** — The authorities, functions, personnel, and assets of the Bureau of Alcohol, Tobacco and Firearms that are not transferred to the Department of Justice under this section shall be retained and administered by the Tax and Trade Bureau.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 297 — Reports and implementation plans

Page 150 TITLE 6—DOMESTIC SECURITY § 296 Statutory Notes and Related Subsidiaries CHANGE OF NAME Bureau of Border Security, referred to in subsec. (b), changed to Bureau of Immigration and Customs En- forcement by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th Congress, 1st Session, set out as a note under section 542 of this title. § 296. Separation of funding (a) In general There shall be established separate accounts in the Treasury of the United States for appro- priated funds and other deposits available for the Bureau of Citizenship and Immigration Services and the Bureau of Border Security. (b) Separate budgets To ensure that the Bureau of Citizenship and Immigration Services and the Bureau of Border Security are funded to the extent necessary to fully carry out their respective functions, the Director of the Office of Management and Budg- et shall separate the budget requests for each such entity. (c) Fees Fees imposed for a particular service, applica- tion, or benefit shall be deposited into the ac- count established under subsection (a) that is for the bureau with jurisdiction over the func- tion to which the fee relates. (d) Fees not transferable No fee may be transferred between the Bureau of Citizenship and Immigration Services and the Bureau of Border Security for purposes not au- thorized by section 1356 of title 8. (Pub. L. 107–296, title IV, § 476, Nov. 25, 2002, 116 Stat. 2209.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Bureau of Border Security, referred to in subsecs. (a), (b), and (d), changed to Bureau of Immigration and Cus- toms Enforcement by Reorganization Plan Modifica- tion for the Department of Homeland Security, eff. Mar. 1

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1101 — Definitions

Page 16 TITLE 8—ALIENS AND NATIONALITY § 1101 Sec. 1484 to 1487. Repealed. 1488. Nationality lost solely from performance of acts or fulfillment of conditions. 1489. Application of treaties; exceptions. PART IV—MISCELLANEOUS 1501. Certificate of diplomatic or consular officer of United States as to loss of American na- tionality. 1502. Certificate of nationality issued by Secretary of State for person not a naturalized citizen of United States for use in proceedings of a foreign state. 1503. Denial of rights and privileges as national. 1504. Cancellation of United States passports and Consular Reports of Birth. SUBCHAPTER IV—REFUGEE ASSISTANCE 1521. Office of Refugee Resettlement; establish- ment; appointment of Director; functions. 1522. Authorization for programs for domestic re- settlement of and assistance to refugees. 1523. Congressional reports. 1524. Authorization of appropriations. 1525. Repealed. SUBCHAPTER V—ALIEN TERRORIST REMOVAL PROCEDURES 1531. Definitions. 1532. Establishment of removal court. 1533. Removal court procedure. 1534. Removal hearing. 1535. Appeals. 1536. Custody and release pending removal hearing. 1537. Custody and release after removal hearing. SUBCHAPTER I—GENERAL PROVISIONS § 1101. Definitions (a) As used in this chapter— (1) The term ‘‘administrator’’ means the offi- cial designated by the Secretary of State pursu- ant to section 1104(b) of this title. (2) The term ‘‘advocates’’ includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in. (3) The term ‘‘alien’’ means any person not a citizen or national of the United States. (4) The term ‘‘application for admission’’ has reference to the application for admission into the United States and not

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1522 — Authorization for programs for domestic resettlement of and assistance to refugees

**(a) Conditions and considerations** (1) (A) In providing assistance under this section, the Director shall, to the extent of available appropriations, (i) make available sufficient resources for employment training and placement in order to achieve economic self-sufficiency among refugees as quickly as possible, (ii) provide refugees with the opportunity to acquire sufficient English language training to enable them to become effectively resettled as quickly as possible, (iii) insure that cash assistance is made available to refugees in such a manner as not to discourage their economic self-sufficiency, in accordance with subsection (e)(2), and (iv) insure that women have the same opportunities as men to participate in training and instruction. (B) It is the intent of Congress that in providing refugee assistance under this section— (i) employable refugees should be placed on jobs as soon as possible after their arrival in the United States; (ii) social service funds should be focused on employment-related services, English-as-a-second-language training (in nonwork hours where possible), and case-management services; and (iii) local voluntary agency activities should be conducted in close cooperation and advance consultation with State and local governments. (2) (A) The Director and the Federal agency administering subsection (b)(1) shall consult regularly (not less often than quarterly) with State and local governments and private nonprofit voluntary agencies concerning the sponsorship process and the intended distribution of refugees among the States and localities before their placement in those States and localities. (B) The Director shall develop and implement, in consultation with representatives of voluntary agencies and State and l

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1522 — Authorization for programs for domestic

Page 530 TITLE 8—ALIENS AND NATIONALITY § 1521 given, at such person’s last known address, writ- ten notice of the cancellation of such document, together with the procedures for seeking a prompt post-cancellation hearing. The cancella- tion under this section of any document pur- porting to show the citizenship status of the per- son to whom it was issued shall affect only the document and not the citizenship status of the person in whose name the document was issued. (b) For purposes of this section, the term ‘‘Consular Report of Birth’’ refers to the report, designated as a ‘‘Report of Birth Abroad of a Citizen of the United States’’, issued by a con- sular officer to document a citizen born abroad. (June 27, 1952, ch. 477, title III, ch. 4, § 361, as added Pub. L. 103–416, title I, § 107(a), Oct. 25, 1994, 108 Stat. 4309.) SUBCHAPTER IV—REFUGEE ASSISTANCE § 1521. Office of Refugee Resettlement; establish- ment; appointment of Director; functions (a) There is established, within the Depart- ment of Health and Human Services, an office to be known as the Office of Refugee Resettlement (hereinafter in this subchapter referred to as the ‘‘Office’’). The head of the Office shall be a Di- rector (hereinafter in this subchapter referred to as the ‘‘Director’’), to be appointed by the Sec- retary of Health and Human Services (herein- after in this subchapter referred to as the ‘‘Sec- retary’’). (b) The function of the Office and its Director is to fund and administer (directly or through arrangements with other Federal agencies), in consultation with the Secretary of State, pro- grams of the Federal Government under this subchapter. (June 27, 1952, ch. 477, title IV, ch. 2, § 411, as added Pub. L. 96–212, title III, § 311(a)(2), Mar. 17, 1980, 94 St

Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1522

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