§ 551. Transitional authorities
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(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.
(Pub. L. 107–296, title XV, § 1511, Nov. 25, 2002, 116 Stat. 2309; Pub. L. 108–7, div. L, § 103(4), Feb. 20, 2003, 117 Stat. 529; Pub. L. 109–59, title XI, § 11115(b)(2)(F), Aug. 10, 2005, 119 Stat. 1950.)
Connections51 cite this · traces to 2
Cited by 51 sections · top 49
public-private-law
- Public Law 116-260Consolidated Appropriations Act, 2021
- Public Law 115-141Consolidated Appropriations Act, 2018
- Public Law 117-328Consolidated Appropriations Act, 2023
- Public Law 114-113Consolidated Appropriations Act, 2016
- Public Law 113-76Consolidated Appropriations Act, 2014
- Public Law 115-31Consolidated Appropriations Act, 2017
- Public Law 117-103Consolidated Appropriations Act, 2022
- Public Law 113-6Consolidated and Further Continuing Appropriations Act, 2013
- Public Law 116-6Consolidated Appropriations Act, 2019
- Public Law 116-93Consolidated Appropriations Act, 2020
- Public Law 114-4Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2015, and for other purposes.Mar
- Public Law 119-86Homeland Security and Further Additional Continuing Appropriations Act, 2026.
U.S. Code
statutes-at-large
- Public LawMaking appropriations for the fiscal year ending September 30, 2017, and for other purposes
- Public Law 109–59To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes
- Public Law 113–6Making consolidated appropriations and further continuing appropriations for the fiscal year ending September 30, 2013, and for other purposes
- Public Law 114–4Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2015, and for other purposes
- Public Law 115–141To amend the State Department Basic Authorities Act of 1956 to include severe forms of trafficking in persons within the definition of transnational organized crime for purposes of the rewards program of the Department of State, and for other purposes
- Public Law 114–113Making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2016, and for other purposes
- Public Law 116–6
- Public Law 117–103Making consolidated appropriations for the fiscal year ending September 30, 2022, and for providing emergency assistance for the situation in Ukraine, and for other purposes
- Public Law 110–329Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes
- Public Law 109–295Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2007, and for other purposes
- Public Law 116–260Making consolidated appropriations for the fiscal year ending September 30, 2021, providing coronavirus emergency response and relief, and for other purposes
- Public Law 108–7
- Public Law 109–90Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2006, and for other purposes
- Public Law 107–296To establish the Department of Homeland Security, and for other purposes
- Public Law 116–93Making consolidated appropriations for the fiscal year ending September 30, 2020, and for other purposes
- Public Law 111–83Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2010, and for other purposes
- Public Law 108–334Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2005, and for other purposes
- Public Law 117–328Making consolidated appropriations for the fiscal year ending September 30, 2023, and for providing emergency assistance for the situation in Ukraine, and for other purposes
- Public Law
statute-compilations
- Sec. 1511TRANSITIONAL AUTHORITIES
- Sec. 819Except as expressly provided otherwise, any reference to “this Act” contained in this title or in title IV shall be treated as referring only to the provisions of this title or of title IV.
- Sec. 106Section 107 of the Department of Homeland Security Appropriations Act, 2018 (division F of Public Law 115-141), related to visa overstay data, shall apply in fiscal year 2019, except that the reference to “this Act” shall be treated as referring to this Act, and the reference to “2017” shall be treated as referring to “2018”.
- Sec. 901For an additional amount for “Records Center Revolving Fund” for the Federal Record Centers Program, $50,000,000, to remain available until September 30, 2022, to prevent, prepare for, and respond to coronavirus, domestically or internationally, which shall be for offsetting the loss resulting from the coronavirus pandemic of the user charges collected by such Fund pursuant to subsection (c) under the heading “Records Center Revolving Fund” in Public Law 106-58, as amended (44 U.S.C. 2901 note): * Provided*, That the amount provided under this section in this Act may be used to reimburse the Fund for obligations incurred for this purpose prior to the date of the enactment of this Act: * Provided further*, That such amount is provided without regard to the limitation in subsection (d) under the heading “Records Center Revolving Fund” in Public Law 106-58, as amended (44 U.S.C. 2901 note): * Provided further*, That the amount provided under this section in this Act may be used to accelerate processing of requests for military service records received during the pandemic: * Provided further*, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
- Sec. 819Except as expressly provided otherwise, any reference to “this Act” contained in this title or in title IV shall be treated as referring only to the provisions of this title or of title IV.
- Sec. 504### (a)
- Sec. 5STATEMENT OF APPROPRIATIONS
- Sec. 505None of the funds made available by this Act may be used in contravention of Executive Order No. 12898 of February 11, 1994 (“Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations”).
- Sec. 8004No more than 20 percent of the appropriations in this Act which are limited for obligation during the current fiscal year shall be obligated during the last 2 months of the fiscal year: * Provided*, That this section shall not apply to obligations for support of active duty training of reserve components or summer camp training of the Reserve Officers’ Training Corps.
- Sec. 503None of the funds made available by this Act may be used in contravention of Executive Order No. 12898 of February 11, 1994 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations).
- (whole act)Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2015, and for other purposes
Traces to 2 documents
12 references not yet in our index
- 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
- section 4 of Pub. L. 107–296
- Pub. L. 107–296
- 116 Stat. 2135
- Pub. L. 109–59
- Pub. L. 108–7
- Pub. L. 109–59, title XI, § 11115(d)
Citation graph
cites case law
§ 551
Transitional authorities
Stat.×20
Pub. L.×12
Stat. Comp.×11
Fed. Reg.×4
U.S.C.×4
Pub. L.Pub. L. 107–296, title XV, § 1511
Stat.116 Stat. 2309
Pub. L.Pub. L. 108–7, div. L, § 103(4)
Stat.117 Stat. 529
Pub. L.Pub. L. 109–59, title XI, § 11115(b)(2)(F)
Cites 14 · showing 7Cited by 51 across 5 sources