6 U.S.C. § 275 — Transition

Page 142 TITLE 6—DOMESTIC SECURITY § 273 1 See References in Text note below. (A) to appoint local ombudsmen and make available at least 1 such ombudsman for each State; and (B) to evaluate and take personnel actions (including dismissal) with respect to any employee of any local office of the Ombuds- man. (2) Consultation The Ombudsman may consult with the ap- propriate supervisory personnel of the Bureau of Citizenship and Immigration Services in carrying out the Ombudsman’s responsibilities under this subsection. (f) Responsibilities of Bureau of Citizenship and Immigration Services The Director of the Bureau of Citizenship and Immigration Services shall establish procedures requiring a formal response to all recommenda- tions submitted to such director by the Ombuds- man within 3 months after submission to such director. (g) Operation of local offices (1) In general Each local ombudsman— (A) shall report to the Ombudsman or the delegate thereof; (B) may consult with the appropriate su- pervisory personnel of the Bureau of Citizen- ship and Immigration Services regarding the daily operation of the local office of such ombudsman; (C) shall, at the initial meeting with any individual or employer seeking the assist- ance of such local office, notify such indi- vidual or employer that the local offices of the Ombudsman operate independently of any other component of the Department and report directly to Congress through the Om- budsman; and (D) at the local ombudsman’s discretion, may determine not to disclose to the Bureau of Citizenship and Immigration Services contact with, or information provided by, such individual or employer. (2) Maintenance of independent communica- tions Each local office of the Ombudsman shall maintain a phone, facsimile, and other means of electronic communication access, and a post office address, that is separate from those maintained by the Bureau of Citizenship and Immigration Services, or any component of the Bureau of Citizenship and Immigration Services. (Pub. L. 107–296, title IV, § 452, Nov. 25, 2002, 116 Stat. 2197.) 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. § 273. Professional responsibility and quality re- view (a) In general The Director of the Bureau of Citizenship and Immigration Services shall be responsible for— (1) conducting investigations of noncriminal allegations of misconduct, corruption, and fraud involving any employee of the Bureau of Citizenship and Immigration Services that are not subject to investigation by the Inspector General for the Department; (2) inspecting the operations of the Bureau of Citizenship and Immigration Services and providing assessments of the quality of the op- erations of such bureau as a whole and each of its components; and (3) providing an analysis of the management of the Bureau of Citizenship and Immigration Services. (b) Special considerations In providing assessments in accordance with subsection (a)(2) with respect to a decision of the Bureau of Citizenship and Immigration Services, or any of its components, consider- ation shall be given to— (1) the accuracy of the findings of fact and conclusions of law used in rendering the deci- sion; (2) any fraud or misrepresentation associ- ated with the decision; and (3) the efficiency with which the decision was rendered. (Pub. L. 107–296, title IV, § 453, Nov. 25, 2002, 116 Stat. 2199.) 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. § 274. Employee discipline The Director of the Bureau of Citizenship and Immigration Services may, notwithstanding any other provision of law, impose disciplinary ac- tion, including termination of employment, pur- suant to policies and procedures applicable to employees of the Federal Bureau of Investiga- tion, on any employee of the Bureau of Citizen- ship and Immigration Services who willfully de- ceives Congress or agency leadership on any matter. (Pub. L. 107–296, title IV, § 454, Nov. 25, 2002, 116 Stat. 2200.) 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. § 275. Transition (a) References With respect to any function transferred by this part to, and exercised on or after the effec- tive date specified in section 455 1 by, the Direc- tor of the Bureau of Citizenship and Immigra- tion Services, any reference in any other Fed- 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