understood to require the
advice and consent of the Senate to the appointment by the
President to a position in the Department of any officer whose
agency is transferred to the Department pursuant to this Act
and whose duties following such transfer are germane to those
performed before such transfer.
(d) Transfer of Personnel, Assets, Obligations, and
Functions.--Upon the transfer of an agency to the Department--
(1) the personnel, assets, and obligations held by
or available in connection with the agency shall be
transferred to the Secretary for appropriate
allocation, subject to the approval of the Director of
the Office of Management and Budget and in accordance
with the provisions of section 1531(a)(2) of title 31,
United States Code; and
(2) the Secretary shall have all functions relating
to the agency that any other official could by law
exercise in relation to the agency immediately before
such transfer, and shall have in addition all functions
vested in the Secretary by this Act or other law.
(e) Prohibition on Use of Transportation Trust Funds.--
(1) In general.--Notwithstanding any other
provision of this Act, no funds derived from the
Highway Trust Fund, Airport and Airway Trust Fund,
Inland Waterway Trust Fund, or Harbor Maintenance Trust
Fund, may be transferred to, made available to, or
obligated by the Secretary or any other official in the
Department.
(2) Limitation.--This subsection shall not apply to
security-related funds provided to the Federal Aviation
Administration for fiscal years preceding fiscal year
2003 for (A) operations, (B) facilities and equipment,
or (C) research, engineering, and development, and to
any funds provided to the Coast Guard from the Sport
Fish Restoration and Boating Trust Fund for boating
safety programs.

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terms until amended, modified, superseded, terminated, set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 c