§ 542. Reorganization plan

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(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.

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

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