(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 the Secretary may request in preparing for the
transfer and integration of the agency into the Department.
(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 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.
(d) Transfer of Personnel, Assets, Obligations, and
Functions.--Upon the transfer of an agency to the Department--
(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 approval of the Director of
the Office of Management and Budget and in accordance
with 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.
(e) Prohibition on Use of Transportation Trust Funds.--
(1) In general.--Notwithstanding any other
provision of this Act, no funds derived from the
Highway Trust Fund, Airport and Airway Trust Fund,
Inland Waterway Trust Fund, or Harbor Maintenance Trust
Fund, may be transferred to, made available to, or
obligated by the Secretary 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 fiscal 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 Restoration and Boating Trust Fund for boating
safety programs.