6 U.S.C. § 277 — Report on responding to fluctuating needs

Page 143 TITLE 6—DOMESTIC SECURITY § 277 eral 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 Citi- zenship 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 Fed- eral 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 func- tion to the official responsible for the perform- ance 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, li- abilities, contracts, property, records, and un- expended balance of appropriations, authoriza- tions, allocations, and other funds employed, held, used, arising from, available to, or to be made available to, the Immigration and Natu- ralization Service in connection with the func- tions transferred by this part, subject to sec- tion 1531 of title 31, shall be transferred to the Director of the Bureau of Citizenship and Im- migration Services for allocation to the appro- priate component of the Department. Unex- pended 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 (Pub. L. 107–296, title IV, § 456, Nov. 25, 2002, 116 Stat. 2200.) Editorial Notes REFERENCES IN TEXT This part, referred to in text, was in the original ‘‘this subtitle’’, meaning subtitle E (§§ 451–462) of title IV of Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2195, which enacted this part, amended sections 1356 and 1573 of Title 8, Aliens and Nationality, and enacted provisions set out as a note under section 271 of this title. For complete classification of subtitle E to the Code, see Tables. For the effective date specified in section 455, re- ferred to in text, see section 455 of Pub. L. 107–296, set out as an Effective Date note under section 271 of this title. CODIFICATION In subsec. (b)(2), ‘‘section 1531 of title 31’’ substituted for ‘‘section 202 of the Budget and Accounting Proce- dures Act of 1950’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date on which the transfer of functions specified under section 251 of this title takes effect, see section 455 of Pub. L. 107–296, set out as a note under section 271 of this title. § 276. Report on improving immigration services (a) In general The Secretary, not later than 1 year after the effective date of this chapter, shall submit to the Committees on the Judiciary and Appropria- tions of the House of Representatives and of the Senate a report with a plan detailing how the Bureau of Citizenship and Immigration Services, after the transfer of functions specified in this part takes effect, will complete efficiently, fair- ly, and within a reasonable time, the adjudica- tions described in paragraphs (1) through (5) of section 271(b) of this title. (b) Contents For each type of adjudication to be under- taken by the Director of the Bureau of Citizen- ship and Immigration Services, the report shall include the following: (1) Any potential savings of resources that may be implemented without affecting the quality of the adjudication. (2) The goal for processing time with respect to the application. (3) Any statutory modifications with respect to the adjudication that the Secretary con- siders advisable. (c) Consultation In carrying out subsection (a), the Secretary shall consult with the Secretary of State, the Secretary of Labor, the Assistant Secretary of the Bureau of Border Security of the Depart- ment, and the Director of the Executive Office for Immigration Review to determine how to streamline and improve the process for applying for and making adjudications described in sec- tion 271(b) of this title and related processes. (Pub. L. 107–296, title IV, § 459, Nov. 25, 2002, 116 Stat. 2201.) Editorial Notes REFERENCES IN TEXT The effective date of this chapter, referred to in sub- sec. (a), 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. Statutory Notes and Related Subsidiaries CHANGE OF NAME Bureau of Border Security, referred to in subsec. (c), 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. § 277. Report on responding to fluctuating needs Not later than 30 days after November 25, 2002, the Attorney General shall submit to Congress a Page 144 TITLE 6—DOMESTIC SECURITY § 278 report on changes in law, including changes in authorizations of appropriations and in appro- priations, that are needed to permit the Immi- gration and Naturalization Service, and, after the transfer of functions specified in this part takes effect, the Bureau of Citizenship and Im- migration Services of the Department, to ensure a prompt and timely response to emergent, un- foreseen, or impending changes in the number of applications for immigration benefits, and oth- erwise to ensure the accommodation of changing immigration service needs. (Pub. L. 107–296, title IV, § 460, Nov. 25, 2002, 116 Stat. 2201.) § 278. Application of Internet-based technologies (a) Establishment of tracking system The Secretary, not later than 1 year after the effective date of this chapter, in consultation with the Technology Advisory Committee estab- lished under subsection (c), shall establish an Internet-based system, that will permit a per- son, employer, immigrant, or nonimmigrant who has filings with the Secretary for any ben- efit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), access to online informa- tion about the processing status of the filing in- volved. (b) Feasibility study for online filing and im- proved processing (1) Online filing The Secretary, in consultation with the Technology Advisory Committee established under subsection (c), shall conduct a feasi- bility study on the online filing of the filings described in subsection (a). The study shall in- clude a review of computerization and tech- nology of the Immigration and Naturalization Service relating to the immigration services and processing of filings related to immigrant services. The study shall also include an esti- mate of the timeframe and cost and shall con- sider other factors in implementing such a fil- ing system, including the feasibility of fee payment online. (2) Report A report on the study under this subsection shall be submitted to the Committees on the Judiciary of the House of Representatives and the Senate not later than 1 year after the ef- fective date of this chapter. (c) Technology Advisory Committee (1) Establishment The Secretary shall establish, not later than 60 days after the effective date of this chapter, an advisory committee (in this section re- ferred to as the ‘‘Technology Advisory Com- mittee’’) to assist the Secretary in— (A) establishing the tracking system under subsection (a); and (B) conducting the study under subsection (b). The Technology Advisory Committee shall be established after consultation with the Com- mittees on the Judiciary of the House of Rep- resentatives and the Senate. (2) Composition The Technology Advisory Committee shall be composed of representatives from high technology companies capable of establishing and implementing the system in an expedi- tious manner, and representatives of persons who may use the tracking system described in subsection (a) and the online filing system de- scribed in subsection (b)(1). (Pub. L. 107–296, title IV, § 461, Nov. 25, 2002, 116 Stat. 2202.) Editorial Notes REFERENCES IN TEXT The effective date of this chapter, referred to in sub- secs. (a), (b)(2), 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. The Immigration and Nationality Act, referred to in subsec. (a), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such com- mittee is renewed by appropriate action prior to expi- ration of such 2-year period, or in the case of a com- mittee established by Congress, its duration is other- wise provided for by law. See section 1013 of Title 5, Government Organization and Employees. § 279. Children’s affairs (a) Transfer of functions There are transferred to the Director of the Office of Refugee Resettlement of the Depart- ment 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 per- formed by, the Commissioner of Immigration and Naturalization (or any officer, employee, or component of the Immigration and Naturaliza- tion 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 Re- settlement shall be responsible for— (A) coordinating and implementing the care and placement of unaccompanied alien children who are in Federal custody by rea- son of their immigration status, including developing a plan to be submitted to Con- gress on how to ensure that qualified and independent legal counsel is timely ap- pointed 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 relat- ing to the care and custody of an unaccom- panied alien child; (C) making placement determinations for all unaccompanied alien children who are in