6 U.S.C. § 552

Savings provisions

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(a) Completed administrative actions(1) Completed administrative actions of an agency shall not be affected by the enactment of this chapter or the transfer of such agency to the Department, but shall continue in effect according to their terms until amended, modified, superseded, terminated, set aside, or revoked in accordance with law by an officer of the United States or a court of competent jurisdiction, or by operation of law.(2) For purposes of paragraph (1), the term “completed administrative action” includes orders, determinations, rules, regulations, personnel actions, permits, agreements, grants, contracts, certificates, licenses, registrations, and privileges.(b) Pending proceedingsSubject to the authority of the Secretary under this chapter—(1) pending proceedings in an agency, including notices of proposed rulemaking, and applications for licenses, permits, certificates, grants, and financial assistance, shall continue notwithstanding the enactment of this chapter or the transfer of the agency to the Department, unless discontinued or modified under the same terms and conditions and to the same extent that such discontinuance could have occurred if such enactment or transfer had not occurred; and(2) orders issued in such proceedings, and appeals therefrom, and payments made pursuant to such orders, shall issue in the same manner and on the same terms as if this chapter had not been enacted or the agency had not been transferred, and any such orders shall continue in effect until amended, modified, superseded, terminated, set aside, or revoked by an officer of the United States or a court of competent jurisdiction, or by operation of law.(c) Pending civil actions

Subject to the authority of the Secretary under this chapter, pending civil actions shall continue notwithstanding the enactment of this chapter or the transfer of an agency to the Department, and in such civil actions, proceedings shall be had, appeals taken, and judgments rendered and enforced in the same manner and with the same effect as if such enactment or transfer had not occurred.

(d) References

References relating to an agency that is transferred to the Department in statutes, Executive orders, rules, regulations, directives, or delegations of authority that precede such transfer or the effective date of this chapter shall be deemed to refer, as appropriate, to the Department, to its officers, employees, or agents, or to its corresponding organizational units or functions. Statutory reporting requirements that applied in relation to such an agency immediately before the effective date of this chapter shall continue to apply following such transfer if they refer to the agency by name.

(e) Employment provisions(1) Notwithstanding the generality of the foregoing (including subsections (a) and (d)), in and for the Department the Secretary may, in regulations prescribed jointly with the Director of the Office of Personnel Management, adopt the rules, procedures, terms, and conditions, established by statute, rule, or regulation before the effective date of this chapter, relating to employment in any agency transferred to the Department pursuant to this chapter; and(2) except as otherwise provided in this chapter, or under authority granted by this chapter, the transfer pursuant to this chapter of personnel shall not alter the terms and conditions of employment, including compensation, of any employee so transferred.(f) Statutory reporting requirements

Any statutory reporting requirement that applied to an agency, transferred to the Department under this chapter, immediately before the effective date of this chapter shall continue to apply following that transfer if the statutory requirement refers to the agency by name.

(Pub. L. 107–296, title XV, § 1512, Nov. 25, 2002, 116 Stat. 2310.)Editorial NotesReferences 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 Short Title note set out under section 101 of this title and Tables.

The effective date of this chapter, referred to in subsecs. (d), (e)(1), and (f), is 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of this title.

Notes of Decisions

Cited in 27 cases (4 in the last 5 years), 1987–2026 · leading case: Biery v. United States, 818 F.3d 704 (Fed. Cir. 2016).

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Biery v. United States, 818 F.3d 704 (Fed. Cir. 2016). “6 U.S.C. § 552 (a)(6)(A)(i). There is no dispute that the government’s response to the initial request was not timely.”

Jenny Flores v. Jefferson Sessions, III, 862 F.3d 863 (9th Cir. 2017). · cites it 2× “6 U.S.C. § 552 (a)(1) (incorporated by reference into 6 U.”

D.B. ex rel. R.M.B. v. Cardall, 826 F.3d 721 (4th Cir. 2016). “Finally, Beltrán emphasizes the HSA’s general savings provisions, codified at 6 U.S.C. § 552 . Subsection (a) of § 552 provides, inter alia, that “completed administrative actions” — a term that encompasses settlement agreements like the Flores Agreement — “shall not be affected…”

Julio E. Roman v. John Ashcroft, 340 F.3d 314 (6th Cir. 2004). “HSA § 1512(c), 6 U.S.C. § 552 (c). Thus, we proceed in this civil action as if the HSA were not yet in effect, with the understanding that our analysis will be applicable in future cases by analogy to the corresponding custodians of detained aliens under the HSA.”

Clemente v. Fed. Bureau of Investigation, 867 F.3d 111 (D.C. Cir. 2017). “” 6 U.S.C. § 552 (a)(4)(E)(i), It is eminently reasonable for a district court, in determining whether to award interim fees or instead wait to award fees until the end of the litigation, to consider factors going to the plaintiffs ability to continue the litigation.”

Gutierrez-Berdin v. Holder, 618 F.3d 647 (7th Cir. 2010). · cites it 2× “The IJ then dismissed as meritless GutierrezABerdin’s objection that the form bears the heading of INS, which no longer exists, explaining that in 6 U.S.C. §§ 552 (d) and 557, the statute transferring INS removal functions to the Department of Homeland Security (“DHS”)…”

Campaign for Acct. v. U.S. Dep't of Just., 278 F. Supp. 3d 303 (D.D.C. 2017). “OLC responded by letter on May 26, 2016, reiterating its “continuing position that none of the opinions it issues are covered by the requirements of 6 U.S.C. § 552 (a)(2).” (Compl. ¶ 25; see also Letter from John E.”

Coffey v. Bureau of Land Mgmt., 277 F. Supp. 3d 1 (D.D.C. 2017). “See 6 U.S.C. § 552 (a)(4)(B). The court may grant summary judgment based on information provided in an agency’s affidavits or declarations when they are “relatively detailed and non-conclusory,” SafeCard Servs.”

Dibacco v. U.S. Dep't of the Army, 234 F. Supp. 3d 255 (D.D.C. 2017). “” 6 U.S.C. § 552 (b)(1). The parties apparently agree that the relevant Executive Order for the purposes of Defendants’ current Exemption 1 withhold-ings is Executive Order 13526.”

Gerhard v. Fed. Bureau of Prisons, 258 F. Supp. 3d 159 (D.D.C. 2017). “” 6 U.S.C. § 552 (a)(4)(E)(i). This test has two components: eligibility and entitlement.”

N.S. v. Robert Dixon, 141 F.4th 279 (D.C. Cir. 2025). “As to the HSA, the district court held the 2002 Order was a completed administrative action that survived because of the savings clause in the HSA, 6 U.S.C. § 552 (a)(1). Id. at *3–4. 9 As to the notice and comment requirement, the district court held that process was…”

Taylor v. Appleton, 30 F.3d 1365 (11th Cir. 1994). “The second letter informed the requester that no documents responsive to his request had been found, an adverse determination under 6 U.S.C. § 552 (a)(6)(A)(i), but did not notify the requester of his right to appeal.”

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