Sec. 302. Transfer to NTIA of sole responsibility for certain 9–1–1 implementation coordination functions
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There are transferred to the Assistant Secretary all functions that on September 30, 2022, are assigned to the Administrator, or jointly to the Assistant Secretary and the Administrator, under section 158, section 159, section 160, and section 161 of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 942 ). The personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with a function transferred to the Assistant Secretary under paragraph
(1)shall be transferred to the Assistant Secretary for use in connection with the functions transferred. 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 under paragraph
(1)and the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds transferred under paragraph (2); and 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 the functions transferred under paragraph (1), as may be necessary to carry out this section and the amendments made by this section. On and after October 1, 2022, in the case of any reference relating to the functions transferred under subsection
(a)in any law, regulation, document, paper, or other record of the United States— if such reference is to the Administrator, or to the Assistant Secretary and the Administrator, such reference shall be deemed to be to the Assistant Secretary; and if such reference is to the National Highway Traffic Safety Administration, or to the National Telecommunications and Information Administration and the National Highway Traffic Safety Administration, such reference shall be deemed to be to the National Telecommunications and Information Administration. All documents and actions described in subparagraph
(B)shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the Assistant Secretary, any officer or employee transferred under subsection (a), a court of competent jurisdiction, or operation of law. A document or action described in this subparagraph is any order, determination, rule, grant, contract, agreement, or other document or action that— was issued, made, granted, or allowed to become effective by the Assistant Secretary, the Administrator, the Assistant Secretary and the Administrator, any officer or employee transferred under subsection (a), or a court of competent jurisdiction, in the performance of any function that is transferred under such subsection; and is in effect on September 30, 2022 (or becomes effective after such day pursuant to its terms as in effect on such day). This section and the amendments made by this section shall not affect any proceeding or application for any benefits, service, license, permit, certificate, or grant or other financial assistance relating to the functions transferred under subsection
(a)that was pending on September 30, 2022, before the Assistant Secretary, the Administrator, the Assistant Secretary and the Administrator, or any officer or employee transferred under such subsection, but such proceeding or application shall be continued. Orders shall be issued in any such proceeding, and appeals shall be taken therefrom, as if this section and the amendments made by this section had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by the Assistant Secretary, any other authorized official, a court of competent jurisdiction, or operation of law. Notwithstanding subparagraph (A), on and after October 1, 2022, any proceeding or application described in such subparagraph that was pending before the Administrator, or before the Assistant Secretary and the Administrator, shall be continued as described in such subparagraph before the Assistant Secretary. Nothing in this paragraph shall be construed to prohibit the discontinuance or modification of any proceeding or application described in subparagraph
(A)under the same terms and conditions and to the same extent that such proceeding or application could have been discontinued or modified if this section and the amendments made by this section had not been enacted. This section and the amendments made by this section shall not affect any civil action relating to the functions transferred under subsection
(a)that was commenced before October 1, 2022, by or against the Assistant Secretary, the Administrator, the Assistant Secretary and the Administrator, or any officer or employee transferred under such subsection. In any such action, proceeding shall be had, appeals taken, and judgment rendered in the same manner and with the same effect as if this section and the amendments made by this section had not been enacted. Notwithstanding subparagraph (A), on and after October 1, 2022, in the case of any civil action described in such subparagraph by or against the Administrator, or the Assistant Secretary and the Administrator, the Assistant Secretary shall be substituted as a party for the Administrator, or the Assistant Secretary and the Administrator, respectively. In the case of an officer or employee who is transferred to the Assistant Secretary under subsection (a), the officer or employee’s grade, compensation, rate of leave, or other benefits that apply with respect to such officer or employee at the time of transfer shall not be reduced while such officer or employee remains continuously employed in performance of the functions in connection with which such officer or employee is transferred, other than for cause. The National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 942 ), as amended by the preceding provisions of this Act, is further amended— in section 158— by striking and the Administrator each place it appears; and in subsection (a)(1), by striking of the National Highway Traffic Safety Administration ; in section 159— by striking and the Administrator each place it appears; and by striking paragraph
(3)of subsection (c); in section 160, by striking and the Administrator ; and in section 161, by striking and the Administrator each place it appears. The amendments made by this subsection shall take effect on October 1, 2022. In this section: The term Administrator means the Administrator of the National Highway Traffic Safety Administration. The term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information.
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Sec. 302
Transfer to NTIA of sole responsibility for certain 9–1–1 implementation coordination functions
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