Sec. 4. Savings provisions
648 words·~3 min read·
/bill/119/hr/56/ih/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any completed administrative action of the United States Secret Service shall not be affected by the enactment of this Act or the transfer of United States Secret Service functions and obligations to the Federal Bureau of Investigation under section 2, but shall continue in effect according to the terms of the completed administrative action until the completed administrative action is amended, modified, superseded, terminated, set aside, or revoked in accordance with law by an office of the United States or a court of competent jurisdiction, or by operation of law.
In this subsection, the term completed administrative action includes an order, a determination, a rule, a regulation, a personnel action, a permit, an agreement, a grant, a contract, a certificate, a license, a registration, and a privilege. Any pending proceeding in the United States Secret Service relating to functions or obligations transferred under this Act, including a notice of proposed rulemaking and an application for a license, permit, certificate, grant, or financial assistance, shall continue notwithstanding the enactment of this Act or the transfer of United States Secret Service functions and obligations to the Federal Bureau of Investigation under section 2, unless the pending proceeding is 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.
Any orders issued in a proceeding described in subparagraph (A), or an appeal therefrom and any payment made pursuant to such an order, shall issue in the same manner and on the same terms if this Act had not been enacted or the United States Secret Service functions and obligations transferred under section 2 of this Act had not been transferred, and the order shall continue in effect until amended, modified, superseded, terminated, set aside, or revoked by an office of the United States or a court of competent jurisdiction, or by operation of law.
Any pending civil actions shall continue notwithstanding the enactment of this Act or the transfer of United States Secret Service functions and obligations to the Federal Bureau of Investigation under section 2, and in the pending civil action, 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. Any reference relating to United States Secret Service functions and obligations transferred to the Federal Bureau of Investigation under section 2, in a statute, an Executive order, a rule, a regulation, a directive, or a delegation of authority that proceeds such transfer or the effective date of this Act shall be deemed to refer, as appropriate, to the Federal Bureau of Investigation and the United States Secret Service, to its officers, employees, or agents, or to its corresponding organizational units or functions.
The Director of the Federal Bureau of Investigation may, in regulations prescribed jointly with the Director of the Office of Personnel Management, adopt the rule, procedures, terms, and conditions established by statute, rule, or regulation before the effective date of this Act relating to employment in the United States Secret Service to perform functions and obligations transferred in section 2 to the Federal Bureau of Investigation. The Director of the Federal Bureau of Investigation may appoint, without regard to the provisions of subchapter I of chapter 33 (other than sections 3303 and 3328 of such chapter) of title 5, United States Code, qualified candidates to any positions in the competitive service to fulfill the functions and obligations transferred under section 2.
Any statutory reporting requirement that applied to the United States Secret Service with respect to any functions and obligations transferred to the Federal Bureau of Investigation under section 2 shall continue to apply following that transfer if the statutory requirement includes an explicit reference to the United States Secret Service and the functions and obligations transferred under section 2.