Page:United States Statutes at Large Volume 116 Part 3.djvu/612

 116 STAT. 2204 PUBLIC LAW 107-296—NOV. 25, 2002 (A) shall consult with appropriate juvenile justice professionals, the Director of the Bureau of Citizenship and Immigration Services, and the Assistant Secretary of the Bureau of Border Security to ensure that such determinations ensure that unaccompanied alien children described in such subparagraph— (i) are likely to appear for all hearings or proceedings in which they are involved; (ii) are protected from smugglers, traffickers, or others who might seek to victimize or otherwise engage them in criminal, harmful, or exploitive activity; and (iii) are placed in a setting in which they are not likely to pose a danger to themselves or others; and (B) shall not release such children upon their own recognizance. (3) DUTIES WITH RESPECT TO FOSTER CARE.—In carrying out the duties described in paragraph (1)(G), the Director of the Office of Refugee Resettlement is encouraged to use the refugee children foster care system established pursuant to section 412(d) of the Immigration and Nationality Act (8 U.S.C. 1522(d)) for the placement of unaccompanied alien children. (c) RULE OF CONSTRUCTION.— Nothing in this section may be construed to transfer the responsibility for adjudicating benefit determinations under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) from the authority of any official of the Department of Justice, the Department of Homeland Security, or the Department of State. (d) EFFECTIVE DATE. —Notwithstanding section 4, this section shall take effect on the date on which the transfer of functions specified under section 441 takes effect. (e) REFERENCES.— With respect to any function transferred by this section, any reference in any other Federal 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 Office of Refugee Resettlement; or (2) to such component is deemed to refer to the Office of Refugee Resettlement of the Department of Health and Human Services. (f) OTHER TRANSITION ISSUES. — (1) EXERCISE OF AUTHORITIES.— Except as otherwise provided by law, a Federal official to whom a function is transferred by this section 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 function to the official responsible for the performance of the function immediately before the effective date specified in subsection (d). (2) SAVINGS PROVISIONS. —Subsections (a), (b), and (c) of section 1512 shall apply to a transfer of functions under this section in the same manner as such provisions apply to a transfer of functions under this Act to the Department of Homeland Security. (3) TRANSFER AND ALLOCATION OF APPROPRIATIONS AND PER- SONNEL.— The personnel of the Department of Justice employed

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