Last Updated on May 10, 2020 by LawEuro
From Title 6—DOMESTIC SECURITY
CHAPTER 1—HOMELAND SECURITY ORGANIZATION
SUBCHAPTER XI—DEPARTMENT OF JUSTICE DIVISIONS
Part A—Executive Office for Immigration Review
§521. Legal status of EOIR
(a) 1 Existence of EOIR
There is in the Department of Justice the Executive Office for Immigration Review, which shall be subject to the direction and regulation of the Attorney General under section 1103(g) of title 8.
(Pub. L. 107–296, title XI, §1101, Nov. 25, 2002, 116 Stat. 2273.)
Effective Date
Pub. L. 107–296, title XI, §1104, as added by Pub. L. 108–7, div. L, §105(a)(3), Feb. 20, 2003, 117 Stat. 531, provided that: “The provisions of this subtitle [subtitle A (§§1101–1104) of title XI of Pub. L. 107–296, enacting this part and amending section 1103 of Title 8, Immigration and Nationality] shall take effect on the date of the transfer of functions from the Commissioner of Immigration and Naturalization to officials of the Department of Homeland Security [functions transferred Mar. 1, 2003]”.
1 So in original. No subsec. (b) has been enacted.
§522. Statutory construction
Nothing in this chapter, any amendment made by this chapter, or in section 1103 of title 8, shall be construed to limit judicial deference to regulations, adjudications, interpretations, orders, decisions, judgments, or any other actions of the Secretary of Homeland Security or the Attorney General.
(Pub. L. 107–296, title XI, §1103, Nov. 25, 2002, 116 Stat. 2274.)
References in Text
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables.
Effective Date
Section effective on the date of the transfer of functions from the Commissioner of Immigration and Naturalization to officials of the Department of Homeland Security (Mar. 1, 2003), see section 1104 of Pub. L. 107–296, as added by Pub. L. 108–7, set out as a note under section 521 of this title.
Part B—Transfer of the Bureau of Alcohol, Tobacco and Firearms to the Department of Justice
§531. 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.
(Pub. L. 107–296, title XI, §1111, Nov. 25, 2002, 116 Stat. 2274; Pub. L. 109–162, title XI, §1187(b), Jan. 5, 2006, 119 Stat. 3127.)
Amendments
2006—Pub. L. 109–162 transferred section catchline and subsecs. (a)–(c)(1), (3), to section 599A of Title 28, Judiciary and Judicial Procedure.
§532. Explosives Training and Research Facility
(a) Establishment
There is established within the Bureau an Explosives Training and Research Facility at Fort AP Hill, Fredericksburg, Virginia.
(b) Purpose
The facility established under subsection (a) shall be utilized to train Federal, State, and local law enforcement officers to—
(1) investigate bombings and explosions;
(2) properly handle, utilize, and dispose of explosive materials and devices;
(3) train canines on explosive detection; and
(4) conduct research on explosives.
(c) Authorization of appropriations
(1) In general
There are authorized to be appropriated such sums as may be necessary to establish and maintain the facility established under subsection (a).
(2) Availability of funds
Any amounts appropriated pursuant to paragraph (1) shall remain available until expended.
(Pub. L. 107–296, title XI, §1114, Nov. 25, 2002, 116 Stat. 2280.)
§533. Transferred
Codification
Section, Pub. L. 107–296, title XI, §1115, Nov. 25, 2002, 116 Stat. 2280, which related to a Personnel Management Demonstration Project, was transferred to section 599B of Title 28, Judiciary and Judicial Procedure, by Pub. L. 109–162, title XI, §1187(b), (c)(2), Jan. 5, 2006, 119 Stat. 3127, 3128.
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