§551 Transitional authorities

Summary

Agencies that will move into the Department must help the Secretary get ready for the move. They must give help when asked, including people and equipment. During the transition, agency heads may, if the Secretary asks and is paid back, send staff or services to help. While the Senate is deciding nominees, the President may let someone who held the required office before the change act in that job until it is filled. Acting officers get whichever pay is higher: the pay for the acting job or the pay they had when chosen. The law also allows the President to appoint without new Senate approval an officer whose duties are basically the same after the transfer. When an agency transfers, its people, property, and debts go to the Secretary for allocation, with approval from the Director of the Office of Management and Budget and under section 1531(a)(2) of title 31. The Secretary gets all powers others had over the agency before the transfer, plus powers given by this chapter or other law. No money from the Highway Trust Fund, Airport and Airway Trust Fund, Inland Waterway Trust Fund, or Harbor Maintenance Trust Fund may be moved to or used by the Secretary or other Department officials. That rule does not apply to security-related funds given to the Federal Aviation Administration for fiscal years preceding fiscal year 2003 for operations, facilities and equipment, or research, engineering, and development, or to funds from the Sport Fish Restoration and Boating Trust Fund given to the Coast Guard for boating safety programs.