Transferring the Transportation Security Administration

(a)

In general

There is transferred to the Secretary of Transportation the functions of the Administrator of the Transportation Security Administration. (b)

References

Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a department or office from which a function is transferred by this section— (1)to the head of such department or office is deemed to refer to the head of the department or office to which such function is transferred; or (2)to such department or office is deemed to refer to the department or office to which such function is transferred. (c)

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 of the transfer of the function under this section. (d)

Savings provisions

(1)

Legal documents

All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges— (A)that have been issued, made, granted, or allowed to become effective by the President, any officer or employee of any office transferred by this section, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this section, and (B)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shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law.

(2)

Proceedings

This section shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending on the date of the enactment of this section before an office transferred by this section, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this section had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this paragraph shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted. (3)

Suits

This section shall not affect suits commenced before the date of the enactment of this section, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this section had not been enacted. (4)

Nonabatement of actions

No suit, action, or other proceeding commenced by or against the Transportation Security Administration, or by or against any individual in the official capacity of such individual as an officer or employee of an office transferred by this section, shall abate by reason of the enactment of this section. (5)

Continuance of suits

If any Government officer in the official capacity of such officer is party to a suit with respect to a function of the officer, and under this section such function is transferred to any other officer or office, then such suit shall be continued with the other officer or the head of such other office, as applicable, substituted or added as a party. (6)

Administrative procedure and judicial review

Except as otherwise provided by this section, any statutory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to any function transferred by this section shall apply to the exercise of such function by the head of the Federal agency, and other officers of the agency, to which such function is transferred by this section. (e)

Transfer of assets

Except as otherwise provided in this section, so much of the personnel, property, records, and unexpended balance of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with a function transferred to an official or agency by this section shall be available to the official or the head of that agency, respectively, at such time or times as the Director of the Office of Management and Budget directs for use in connection with the functions transferred. (f)

Delegation and assignment

Except as otherwise expressly prohibited by law or otherwise provided in this section, an official to whom functions are transferred under this section (including the head of any office to which functions are transferred under this section) may delegate any of the functions so transferred to such officers and employees of the office of the official as the official may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions under this subsection or under any other provision of this section shall relieve the official to whom a function is transferred under this section of responsibility for the administration of the function. (g)

Authority of Director of the Office of Management and Budget with respect to functions transferred

(1)

Determinations

If necessary, the Director of the Office of Management and Budget shall make any determination of the functions that are transferred under this section. (2)

Incidental transfers

The Director of the Office of Management and Budget, at such time or times as the Director shall provide, may make such determinations as may be necessary with regard to the functions transferred by this section, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this section. The Director shall provide for the termination of the affairs of all entities terminated by this section and for such further measures and dispositions as may be necessary to effectuate the purposes of this section. (h)

Certain vesting of functions considered transfers

For purposes of this section, the vesting of a function in a department or office pursuant to reestablishment of an office shall be considered to be the transfer of the function. (i)

Availability of existing funds

Existing appropriations and funds available for the performance of functions, programs, and activities terminated pursuant to this section shall remain available, for the duration of their period of availability, for necessary expenses in connection with the termination and resolution of such functions, programs, and activities. (j)

Conforming amendments

(1)

Homeland Security Act of 2002

Section 424 of the Homeland Security Act of 2002 (6 U.S.C. 234) and the item relating to such section in the table of contents under such Act are repealed. (2)

Title 49, United States Code

Subsection (a) of section 114 of title 49, United States Code, is amended to read as follows:

(a)

In general

There is in the Department of Transportation the Transportation Security Administration, which shall be maintained as a distinct entity in the Department.

(k)

Definitions

In this section: (1)

Function

The term function includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program. (2)

Office

The term office includes any office, administration, agency, bureau, institute, council, unit, organizational entity, or component thereof.