6 U.S.C. § 552 — Savings provisions

Page 275 TITLE 6—DOMESTIC SECURITY § 552 Sincerely, GEORGE W. BUSH. 1 Editorial note. This is the text of identical letters addressed to the Speaker of the House of Representa- tives and the President of the Senate. § 543. Review of congressional committee struc- tures It is the sense of Congress that each House of Congress should review its committee structure in light of the reorganization of responsibilities within the executive branch by the establish- ment of the Department. (Pub. L. 107–296, title XV, § 1503, Nov. 25, 2002, 116 Stat. 2309.) PART B—TRANSITIONAL PROVISIONS § 551. Transitional authorities (a) Provision of assistance by officials Until the transfer of an agency to the Depart- ment, 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, includ- ing the use of personnel and assets, as the Sec- retary may request in preparing for the transfer and integration of the agency into the Depart- ment. (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 appoint- ment 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 posi- tion in the Department of any officer whose agency is transferred to the Department pursu- ant 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 Depart- ment— (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 ap- proval of the Director of the Office of Manage- ment and Budget and in accordance with the provisions of section 1531(a)(2) of title 31; and (2) the Secretary shall have all functions re- lating 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 Main- tenance Trust Fund, may be transferred to, made available to, or obligated by the Sec- retary 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 fis- cal 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 Restora- tion and Boating Trust Fund for boating safe- ty 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.) Editorial Notes REFERENCES IN TEXT The effective date of this chapter, referred to in sub- secs. (a) and (c)(1), is 60 days after Nov. 25, 2002, see sec- tion 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of this title. This chapter, referred to in subsecs. (c), (d)(2), and (e)(1), was in the original ‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Home- land 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. AMENDMENTS 2005—Subsec. (e)(2). Pub. L. 109–59 substituted ‘‘Sport Fish Restoration and Boating Trust Fund’’ for ‘‘Aquat- ic Resources Trust Fund of the Highway Trust Fund’’. 2003—Subsec. (e)(2). Pub. L. 108–7 inserted before pe- riod at end ‘‘, and to any funds provided to the Coast Guard from the Aquatic Resources Trust Fund of the Highway Trust Fund for boating safety programs’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2005 AMENDMENT Pub. L. 109–59, title XI, § 11115(d), Aug. 10, 2005, 119 Stat. 1950, provided that: ‘‘The amendments made by this section [amending this section and sections 9503 and 9504 of Title 26, Internal Revenue Code] shall take effect on October 1, 2005.’’ § 552. Savings provisions (a) Completed administrative actions (1) Completed administrative actions of an agency shall not be affected by the enactment of Page 276 TITLE 6—DOMESTIC SECURITY § 552a this chapter or the transfer of such agency to the Department, but shall continue in effect ac- cording 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 or- ders, determinations, rules, regulations, per- sonnel actions, permits, agreements, grants, contracts, certificates, licenses, registrations, and privileges. (b) Pending proceedings Subject to the authority of the Secretary under this chapter— (1) pending proceedings in an agency, includ- ing notices of proposed rulemaking, and appli- cations for licenses, permits, certificates, grants, and financial assistance, shall con- tinue 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 ap- peals 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 con- tinue in effect until amended, modified, super- seded, terminated, set aside, or revoked by an officer of the United States or a court of com- petent 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 De- partment, and in such civil actions, proceedings shall be had, appeals taken, and judgments ren- dered 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 trans- ferred to the Department in statutes, Executive orders, rules, regulations, directives, or delega- tions of authority that precede such transfer or the effective date of this chapter shall be deemed to refer, as appropriate, to the Depart- ment, to its officers, employees, or agents, or to its corresponding organizational units or func- tions. Statutory reporting requirements that ap- plied 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 fore- going (including subsections (a) and (d)), in and for the Department the Secretary may, in regu- lations prescribed jointly with the Director of the Office of Personnel Management, adopt the rules, procedures, terms, and conditions, estab- lished by statute, rule, or regulation before the effective date of this chapter, relating to em- ployment in any agency transferred to the De- partment pursuant to this chapter; and (2) except as otherwise provided in this chap- ter, or under authority granted by this chapter, the transfer pursuant to this chapter of per- sonnel 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 ap- plied to an agency, transferred to the Depart- ment under this chapter, immediately before the effective date of this chapter shall continue to apply following that transfer if the statutory re- quirement refers to the agency by name. (Pub. L. 107–296, title XV, § 1512, Nov. 25, 2002, 116 Stat. 2310.) Editorial Notes 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 com- plete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Ta- bles. The effective date of this chapter, referred to in sub- secs. (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. § 552a. Savings provision of certain transfers made under the Homeland Security Act of 2002 The transfer of functions under subtitle B of title XI of the Homeland Security Act of 2002 (Public Law 107–296) [6 U.S.C. 531 et seq.] shall not affect any pending or completed administra- tive actions, including orders, determinations, rules, regulations, personnel actions, permits, agreements, grants, contracts, certificates, li- censes, or registrations, in effect on the date im- mediately prior to the date of such transfer, or any proceeding, unless and until amended, modi- fied, superseded, terminated, set aside, or re- voked. Pending civil actions shall not be af- fected by such transfer of functions. (Pub. L. 108–7, div. L, § 106, Feb. 20, 2003, 117 Stat. 531.) Editorial Notes REFERENCES IN TEXT The Homeland Security Act of 2002, referred to in text, is Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, which is classified principally to this chapter. Subtitle B of title XI of the Act is classified principally to part B (§ 531 et seq.) of subchapter XI of 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. CODIFICATION Section was enacted as part of the Homeland Secu- rity Act Amendments of 2003 and also as part of the Consolidated Appropriations Resolution, 2003, and not as part of the Homeland Security Act of 2002 which comprises this chapter.