SEC. 1103. [6 U.S.C. 522] STATUTORY CONSTRUCTION.

Nothing in this Act, any amendment made by this Act, or in

section 103 of the Immigration and Nationality Act, as amended

by section 1102, 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.

Subtitle B--Transfer of the Bureau of Alcohol, Tobacco and Firearms to

the Department of Justice

SEC. 1111. [6 U.S.C. 531] BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND

EXPLOSIVES.

(a) Establishment.--

(1) In general.--There is established within the

Department of Justice under the general authority of

the Attorney General the Bureau of Alcohol, Tobacco,

Firearms, and Explosives (in this section referred to

as the ``Bureau'').

(2) Director.--There shall be at the head of the

Bureau a Director, Bureau of Alcohol, Tobacco,

Firearms, and Explosives (in this subtitle referred to

as the ``Director''). The Director shall be appointed

by the President, by and with the advice and consent of

the Senate and shall perform such functions as the

Attorney General shall direct. The Director shall

receive compensation at the rate prescribed by law

under section 5314 of title V, United States Code, for

positions at level III of the Executive Schedule.

(3) Coordination.--The Attorney General, acting

through the Director and such other officials of the

Department of Justice as the Attorney General may

designate, shall provide for the coordination of all

firearms, explosives, tobacco enforcement, and arson

enforcement functions vested in the Attorney General so

as to assure maximum cooperation between and among any

officer, employee, or agency of the Department of

Justice involved in the performance of these and

related functions.

(4) Performance of transferred functions.--The

Attorney General may make such provisions as the

Attorney General determines appropriate to authorize

the performance by any officer, employee, or agency of

the Department of Justice of any function transferred

to the Attorney General under this section.

(b) Responsibilities.--Subject to the direction of the

Attorney General, the Bureau shall be responsible for

investigating--

(1) criminal and regulatory violations of the

Federal firearms, explosives, arson, alcohol, and

tobacco smuggling laws;

(2) the functions transferred by subsection (c);

and

(3) any other function related to the investigation

of violent crime or domestic terrorism that is

delegated to the Bureau by the Attorney General.

(c) Transfer of Authorities, Functions, Personnel, and

Assets to the Department of Justice.--

(1) In general.--Subject to paragraph (2), but

notwithstanding any other provision of law, there are

transferred to the Department of Justice the

authorities, functions, personnel, and assets of the

Bureau of Alcohol, Tobacco and Firearms, which shall be

maintained as a distinct entity within the Department

of Justice, including the related functions of the

Secretary of the Treasury.

(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 the Internal

Revenue Code of 1986, sections 4181 and 4182 of the

Internal Revenue Code of 1986, and title 27, United

States Code.

(3) Building prospectus.--Prospectus PDC-98W10,

giving the General Services Administration the

authority for site acquisition, design, and

construction of a new headquarters building for the

Bureau of Alcohol, Tobacco and Firearms, is

transferred, and deemed to apply, to the Bureau of

Alcohol, Tobacco, Firearms, and Explosives established

in the Department of Justice under subsection (a).

(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.

* * * * * * *

Homeland Security Act of 2002 Updated Through October 14, 2008 · 第 218 / 282 题