SEC. 1512. [6 U.S.C. 552] 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terms until amended, modified, superseded, terminated, set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 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) Pending Proceedings.--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effect until amended, modified, superseded, terminated,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) Pending Civil Actions.--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.--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) Employment Provisions.--(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.

(f) Statutory Reporting Requirements.--Any statutory

reporting requirement that applied to an agency, transferred to

the Department under this Act, immediately before the effective

date of this Act shall continue to apply following that

transfer if the statutory requirement refers to the agency by

name.

Homeland Security Act of 2002 Updated Through October 14, 2008 · 第 249 / 282 题