TITLE VIII-TRANSITION

SEC. 801. DEFINITIONS.

      For purposes of this title-

            (1) 'Agency' includes any entity, organizational unit, or
      function; and

            (2) 'Transition period' means the twelve-month period beginning
      on the effective date of this Act.
[ Analysis ]

SEC. 802. TRANSFER OF AGENCIES.

      The transfer of an agency to the Department shall occur when the
President so directs, but in no event later than the end of the transition
period.  When an agency is transferred, the President may also transfer to
the Department any agency established to carry out or support adjudicatory
or review functions in relation to the agency.
[ Analysis ]

SEC. 803. TRANSITIONAL AUTHORITIES.

      (a) 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
preparing for the transfer and integration of the agency into the
Department.

      (b) During the transition period, upon the request of the Secretary,
the head of any executive agency may, on a reimbursable or nonreimbursable
basis, provide services and/or detail personnel to assist with the
transition.

      (c) 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:  provided, That not less than
fifteen 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)(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 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 Act (and who continues in office) or immediately
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 respective
           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) 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 allocation, subject to the approval of the Director of
      the Office of Management and Budget and notwithstanding the provisions
      of section 1531(a)(2) of title 31, United States Code; and

            (2) the Secretary shall have all functions relating 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 Act or other
      law.
[ Analysis ]
SEC. 804. SAVINGS PROVISIONS.

      (a)(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
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) Subject to the authority 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 enactment 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 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 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 revoked by an officer of the United States or a court of
      competent jurisdiction, or by operation of law.

      (c) Subject to the authority 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, 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 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 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)(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 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 this Act of personnel
      shall not alter the terms and conditions of employment, including
      compensation, of any employee so transferred.
[ Analysis ]

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
compensation at the rates prescribed for an office or position at level II,
III, IV, or V, of the Executive Schedule, shall terminate.
[ Analysis ]
SEC. 806. INCIDENTAL TRANSFERS.

      The Director of the Office of Management and Budget, 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 necessary to accomplish
the purposes of this Act.
[ Analysis ]