(4) in section 46301(h)(2) by inserting after
‘‘(or’’ the following: ‘‘the Under Secretary of Trans-
portation for Security with respect to security duties
and powers designated to be carried out by the
Under Secretary or’’;
(5) in section 46303(c)(2) by inserting ‘‘or the
Under Secretary of Transportation for Security’’
after ‘‘Federal Aviation Administration’’;
(6) in section 46311—
(A) by inserting after ‘‘Transportation,’’
the following: ‘‘the Under Secretary of Trans-
portation for Security with respect to security
duties and powers designated to be carried out
by the Under Secretary,’’;
(B) by inserting after ‘‘Secretary,’’ each
place it appears the following: ‘‘Under Sec-
retary,’’; and
(C) by striking ‘‘or Administrator’’ each
place it appears and inserting ‘‘, Under Sec-
retary, or Administrator’’;
(7) in each of sections 46313 and 46316 by in-
serting after ‘‘(or’’ the following: ‘‘the Under Sec-
retary of Transportation for Security with respect to
security duties and powers designated to be carried
out by the Under Secretary or’’; and
(8) in section 46505(d)(2) by inserting ‘‘or the
Under Secretary of Transportation for Security’’
after ‘‘Federal Aviation Administration’’.
SEC. 18. SAVINGS PROVISION.
(a) TRANSFER OF ASSETS AND PERSONNEL.—Ex-
cept as otherwise provided in this Act, those personnel,
property, and records employed, used, held, available, or
to be made available in connection with a function trans-
ferred to the Transportation Security Administration by
this Act shall be transferred to the Transportation Secu-
rity Administration for use in connection with the func-
tions transferred. Unexpended balances of appropriations,
allocations, and other funds made available to the Federal
Aviation Administration to carry out such functions shall
also be transferred to the Transportation Security Admin-
istration for use in connection with the functions trans-
ferred.
(b) LEGAL DOCUMENTS.—All orders, determinations,
rules, regulations, permits, grants, loans, contracts, settle-
ments, agreements, certificates, licenses, and privileges—
(1) that have been issued, made, granted, or al-
lowed to become effective by the Federal Aviation
Administration, any officer or employee thereof, or
any other Government official, or by a court of com-
petent jurisdiction, in the performance of any func-
tion that is transferred by this Act; and
(2) that are in effect on the effective date of
such transfer (or become effective after such date
pursuant to their terms as in effect on such effective
date), shall continue in effect according to their
terms until modified, terminated, superseded, set
aside, or revoked in accordance with law by the
Under Secretary of Transportation for Security, any
other authorized official, a court of competent juris-
diction, or operation of law.
(c) PROCEEDINGS.—
(1) IN GENERAL.—The provisions of this Act
shall not affect any proceedings or any application
for any license pending before the Federal Aviation
Administration at the time this Act takes effect, in-
sofar as those functions are transferred by this Act;
but such proceedings and applications, to the extent
that they relate to functions so transferred, shall be
continued. Orders shall be issued in such pro-
ceedings, appeals shall be taken therefrom, and pay-
ments shall be made pursuant to such orders, as if
this Act had not been enacted; and orders issued in
any such proceedings shall continue in effect until
modified, terminated, superseded, or revoked by a
duly authorized official, by a court of competent ju-
risdiction, or by operation of law.
(2) STATUTORY
CONSTRUCTION.—Nothing in
this subsection shall be deemed to prohibit the dis-
continuance or modification of any proceeding de-
scribed in paragraph (1) under the same terms and
conditions and to the same extent that such pro-
ceeding could have been discontinued or modified if
this Act had not been enacted.
(3) ORDERLY
TRANSFER.—The Secretary of
Transportation is authorized to provide for the or-
derly transfer of pending proceedings from the Fed-
eral Aviation Administration.
(d) SUITS.—
(1) IN
GENERAL.—This Act shall not affect
suits commenced before the date of the enactment of
this Act, except as provided in paragraphs (2) and
(3). In all such suits, proceeding shall be had, ap-
peals taken, and judgments rendered in the same
manner and with the same effect as if this Act had
not been enacted.
(2) SUITS BY OR AGAINST FAA.—Any suit by or
against the Federal Aviation Administration begun
before the date of enactment of this Act shall be
continued, insofar as it involves a function retained
and transferred under this Act, with the Transpor-
tation Security Administration (to the extent the
suit involves functions transferred to the Transpor-
tation Security Administration under this Act) sub-
stituted for the Federal Aviation Administration.
(3) REMANDED CASES.—If the court in a suit
described in paragraph (1) remands a case to the
Transportation Security Administration, subsequent
proceedings related to such case shall proceed in ac-
cordance with applicable law and regulations as in
effect at the time of such subsequent proceedings.
(e) CONTINUANCE
OF
ACTIONS
AGAINST
OFFI-
CERS.—No suit, action, or other proceeding commenced
by or against any officer in his official capacity as an offi-
cer of the Federal Aviation Administration shall abate by
reason of the enactment of this Act. No cause of action
by or against the Federal Aviation Administration, or by
or against any officer thereof in his official capacity, shall
abate by reason of the enactment of this Act.
(f) EXERCISE OF AUTHORITIES.—Except as other-
wise provided by law, an officer or employee of the Trans-
portation Security Administration may, for purposes of
performing a function transferred by this Act or the
amendments made by this Act, 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 imme-
diately before the effective date of the transfer of the func-
tion under this Act.
(g) ACT DEFINED.—In this section, the term ‘‘Act’’
includes the amendments made by this Act.
SEC. 19. BUDGET SUBMISSIONS.
The President’s budget submission for fiscal year
2003 and each fiscal year thereafter shall reflect the estab-
lishment of the Transportation Security Administration.
SEC. 20. AIRCRAFT OPERATIONS IN ENHANCED CLASS B
AIRSPACE.
Notice to Airmen FDC 1/0618 issued by the Federal
Aviation Administration, and any other regulation, order,
or directive that restricts the ability of United States reg-
istered aircraft to conduct operations under part 91 of
title 14, Code of Federal Regulations, in enhanced class
B airspace (as defined by such Notice), shall cease to be
in effect beginning on the 10th day following the date of
enactment of this Act, unless the Secretary of Transpor-
tation publishes a notice in the Federal Register before
such 10th day reimposing the restriction and explaining
the reasons for the restriction.