Transfers and savings provision

(a) Definitions For purposes of this section, unless otherwise provided or indicated by the context— (1) the term Administration means the Administration for Children and Families; (2) the term covered Federal agency means an agency, as defined in section 551(1) of title 5, United States Code, that carries out an antipoverty program; (3) the term function means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; (4) the term Secretary means the Secretary of Health and Human Services, acting through the Assistant Secretary for Children and Families; and (5) the term transferred function means a function (including a part of a function) transferred under this section. (b) Administrative funding (1) Amounts to States for administrative costs (A) In general Notwithstanding any other provision of this section, for each State carrying out a pilot project under this Act, each head of a covered Federal agency shall transfer to the State, for a fiscal year, an amount that bears the same relationship to the total amount of funding for administrative costs of the antipoverty program involved for that fiscal year for all States as the amount of funding the State received for the nonadministrative costs of the program for the prior fiscal year bears to the total amount of funding that all States received for those costs for the prior fiscal year. (B) Determination For the purposes of determining, under subparagraph (A), the funding a State received for nonadministrative costs for a prior fiscal year in which there was a lapse in appropriations, the funding shall be determined as if the corresponding money was appropriated for the entire fiscal year. (2) Limited scope pilot projects For a State carrying out a limited scope pilot project under section 2(c)(2), the head of the Federal agency shall adjust the amount to be transferred under paragraph (1) to account for the limited scope. (c) Transfer of functions (1) In general There are transferred to the Administration a portion, determined by the Office of Management and Budget, of the functions that the heads of covered Federal agencies exercised before the date of the enactment of this Act (including related functions of any officer or employee of a covered Federal agency). The portion shall consist of those functions (or parts of functions) that the Office determines are appropriate for the Administration to exercise in carrying out this Act. (2) Delegation and assignment Except where otherwise expressly prohibited by law or otherwise provided by this Act, the Secretary may delegate any of the transferred functions to such officers and employees of the Administration as the Secretary may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of transferred functions by the Secretary under this section shall relieve such Secretary of responsibility for the administration of such functions. (3) Reorganization The Secretary is authorized to allocate or reallocate any transferred function among the officers of the Administration, and to establish, consolidate, alter, or discontinue such organizational entities in the Administration as may be necessary or appropriate. (4) Transfer and allocations of appropriations and personnel Except as otherwise provided in this Act, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the transferred functions, subject to section 1531 of title 31, United States Code, shall be transferred to the Administration. Unexpended funds transferred pursuant to this section shall be used only for the purposes for which the funds were originally authorized and appropriated. The Director of the Office of Management and Budget shall provide for such further measures and dispositions as may be necessary to effectuate the purposes of this Act. (5) Rules The Secretary is authorized to prescribe, in accordance with the provisions of chapters 5 and 6 of title 5, United States Code, such rules and regulations as the Secretary determines necessary or appropriate to administer and manage the functions of the Administration to carry out section 2. (6) Transition The Secretary is authorized to utilize— (A) the services of officers, employees, and other personnel of a covered Federal agency with respect to transferred functions; and (B) funds appropriated to such functions for such period of time as may reasonably be needed to facilitate the orderly implementation of this Act. (d) Savings provisions (1) Continuing effect of legal documents All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions— (A) which have been issued, made, granted, or allowed to become effective by the President, any covered Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of transferred functions; and (B) which are in effect on the date of enactment of this Act, or were final before that date and are to become effective on or after that date, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary or other authorized official, a court of competent jurisdiction, or by operation of law. (2) Proceedings not affected The provisions of this Act shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before any covered Federal agency on the date of enactment of this Act, with respect to transferred functions 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 Act had not been enacted, and orders issued in any such proceedings 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 deemed 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 Act had not been enacted. (3) Suits not affected The provisions of this Act shall not affect suits commenced before the date of enactment of this Act, 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 Act had not been enacted. (4) Nonabatement of actions No suit, action, or other proceeding commenced by or against a covered Federal agency, or by or against any individual in the official capacity of such individual as an officer of a covered Federal agency, shall abate by reason of the enactment of this Act. (5) Administrative actions relating to promulgation of regulations Any administrative action relating to the preparation or promulgation of a regulation by a covered Federal agency relating to a transferred function may be continued by the Administration with the same effect as if this Act had not been enacted. (6) References Reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to— (A) the head of a covered Federal agency with regard to a transferred function, shall be deemed to refer to the Secretary; and (B) a covered Federal agency with regard to a transferred function, shall be deemed to refer to the Administration.