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SEC. 803. TRANSITIONAL AUTHORITIES.
(a) PROVISION
OF ASSISTANCE
BY OFFICIALS.—
Until the transfer of an agency to the Department, any
official having authority over or functions relating to the
agency immediately before the effective date of this Act
shall provide to the Secretary such assistance, including
the use of personnel and assets, as he may request in pre-
paring for the transfer and integration of the agency into
the Department.
(b) SERVICES AND PERSONNEL.—During the transi-
tion period, upon the request of the Secretary, the head
of any executive agency may, on a reimbursable or non-
reimbursable basis, provide services or detail personnel to
assist with the transition.
(c) TRANSFER OF FUNDS.—Until the transfer of an
agency to the Department, the President is authorized to
transfer to the Secretary not to exceed five percent of the
unobligated balance of any appropriation available to such
agency, to fund the purposes authorized in this Act, except
that not less than 15 days’ notice shall be given to the
Committees on Appropriations of the Senate and House
of Representatives before any such funds transfer is made.
(d) ACTING OFFICIALS.—(1) During the transition
period, pending the advice and consent of the Senate to
the appointment of an officer required by this Act to be
appointed by and with such advice and consent, the Presi-
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dent may designate any officer whose appointment was re-
quired to be made by and with such advice and consent
and who was such an officer immediately before the effec-
tive date of this Act (and who continues in office) or im-
mediately before such designation, to act in such office
until the same is filled as provided in this Act. While so
acting, such officers shall receive compensation at the
higher of—
(A) the rates provided by this Act for the re-
spective offices in which they act; or
(B) the rates provided for the offices held at
the time of designation.
(2) Nothing in this Act shall be understood to require
the advice and consent of the Senate to the appointment
by the President to a position in the Department of any
officer whose agency is transferred to the Department
pursuant to this Act and whose duties following such
transfer are germane to those performed before such
transfer.
(e) TRANSFER
OF PERSONNEL, ASSETS, LIABIL-
ITIES, AND FUNCTIONS.—Upon the transfer of an agency
to the Department—
(1) the personnel, assets, and liabilities held by
or available in connection with the agency shall be
transferred to the Secretary for appropriate alloca-
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tion, subject to the approval of the Director of the
Office of Management and Budget and notwith-
standing the provisions of section 1531(a)(2) of title
31, United States Code; and
(2) the Secretary shall have all functions relat-
ing 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 func-
tions vested in the Secretary by this Act or other
law.
SEC. 804. SAVINGS PROVISIONS.
(a) COMPLETED
ADMINISTRATIVE
ACTIONS.—(1)
Completed administrative actions of an agency shall not
be affected by the enactment of this Act 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 accord-
ance 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 ‘‘com-
pleted administrative action’’ includes orders, determina-
tions, rules, regulations, personnel actions, permits, agree-
ments, grants, contracts, certificates, licenses, registra-
tions, and privileges.
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(b) PENDING PROCEEDINGS.—Subject to the author-
ity of the Secretary under this Act—
(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 enact-
ment of this Act or the transfer of the agency to the
Department, unless discontinued or modified under
the same terms and conditions and to the same ex-
tent 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 Act 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 re-
voked 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 author-
ity of the Secretary under this Act, pending civil actions
shall continue notwithstanding the enactment of this Act
or the transfer of an agency to the Department, and in
such civil actions, proceedings shall be had, appeals taken,
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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, Execu-
tive orders, rules, regulations, directives, or delegations of
authority that precede such transfer or the effective date
of this Act 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 Act shall continue to apply following such transfer
if they refer to the agency by name.
(e) 
EMPLOYMENT
PROVISIONS.—(1) 
Notwith-
standing the generality of the foregoing (including sub-
sections (a) and (d)), in and for the Department the Sec-
retary may, in regulations prescribed jointly with the Di-
rector 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
Act, relating to employment in any agency transferred to
the Department pursuant to this Act; and
(2) except as otherwise provided in this Act, or under
authority granted by this Act, the transfer pursuant to
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this Act of personnel shall not alter the terms and condi-
tions of employment, including compensation, of any em-
ployee so transferred.
SEC. 805. TERMINATIONS.
Except as otherwise provided in this Act, whenever
all the functions vested by law in any agency have been
transferred pursuant to this Act, each position and office
the incumbent of which was authorized to receive com-
pensation at the rates prescribed for an office or position
at level II, III, IV, or V, of the Executive Schedule, shall
terminate.
SEC. 806. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budg-
et, in consultation with the Secretary, is authorized and
directed to make such additional incidental dispositions of
personnel, assets, and liabilities held, used, arising from,
available, or to be made available, in connection with the
functions transferred by this Act, as he may deem nec-
essary to accomplish the purposes of this Act.
TITLE IX—CONFORMING AND
TECHNICAL AMENDMENTS
SEC. 901. INSPECTOR GENERAL ACT.
Section 11 of the Inspector General Act of 1978
(Public Law 95–452) is amended—