[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1300 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1300

  To establish a Department of Science, Space, Energy, and Technology.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 10, 1993

  Mr. Walker (for himself and Mr. Brown of California) introduced the 
   following bill; which was referred to the Committee on Government 
                               Operations

_______________________________________________________________________

                                 A BILL


 
  To establish a Department of Science, Space, Energy, and Technology.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Department of 
Science, Space, Energy, and Technology Organization Act of 1993''.
    (b) Table of Contents.--

                      TITLE I--GENERAL PROVISIONS

Sec. 101. Findings.
Sec. 102. Definitions.
               TITLE II--ESTABLISHMENT OF THE DEPARTMENT

Sec. 201. Establishment.
Sec. 202. Principal officers.
             TITLE III--TRANSFERS OF AGENCIES AND FUNCTIONS

Sec. 301. Transfer of the National Aeronautics and Space 
                            Administration.
Sec. 302. Transfer of the National Institute of Standards and 
                            Technology.
Sec. 303. Transfer of the National Science Foundation.
Sec. 304. Transfer of the National Oceanic and Atmospheric 
                            Administration.
Sec. 305. Transfer of the Environmental Protection Agency.
Sec. 306. Transfer of the National Technical Information Service.
Sec. 307. Transfer of the Department of Energy.
Sec. 308. Transfer of the National Telecommunications and Information 
                            Administration.
Sec. 309. Effective date.
                  TITLE IV--ADMINISTRATIVE PROVISIONS

                    Subtitle A--Personnel Provisions

Sec. 401. Officers and employees.
Sec. 402. Experts and consultants.
Sec. 403. Personnel reduction.
             Subtitle B--General Administrative Provisions

Sec. 411. General authority.
Sec. 412. Delegation.
Sec. 413. Reorganization.
Sec. 414. Regulations.
Sec. 415. Contracts.
Sec. 416. Regional and field offices.
Sec. 417. Acquisition and maintenance of property.
Sec. 418. Use of facilities.
Sec. 419. Copyrights and patents.
Sec. 420. Gifts and bequests.
Sec. 421. Technical advice.
Sec. 422. Working capital fund.
Sec. 423. Funds transfer.
Sec. 424. Seal of department.
Sec. 425. Annual report.
       TITLE V--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

Sec. 501. Transfer and allocation of appropriations and personnel.
Sec. 502. Effect on personnel.
Sec. 503. Agency terminations.
Sec. 504. Incidental transfers.
Sec. 505. Savings provisions.
Sec. 506. Reference.
Sec. 507. Amendments.
Sec. 508. Transition.
Sec. 509. Interim appointments.

                      TITLE I--GENERAL PROVISIONS

SEC. 101. FINDINGS.

    The Congress finds that--
            (1) the advancement of science and technology is a vital 
        national goal which is essential for the continued economic 
        well being of the United States;
            (2) the creation of new scientific information and 
        technological development are generators of new wealth and 
        jobs;
            (3) consolidation of the Federal agencies which conduct and 
        support science and technology activities will focus the 
        resources of the Federal Government and will lead to better 
        coordination of the overall effort of those agencies to carry 
        out the research and development objectives of the United 
        States;
            (4) the elimination of duplication of functions within the 
        scientific and technical agencies of the Federal Government 
        will lead to cost savings for the Government; and
            (5) the creation of the Department of Science, Space, 
        Energy, and Technology will increase the dissemination of 
        technology through the improved coordination of technology 
        transfer from the Federal Government to the private sector.

SEC. 102. DEFINITIONS.

    As used in this Act, unless otherwise provided or indicated by the 
context--
            (1) the term ``Department'' means the Department of 
        Science, Space, Energy, and Technology;
            (2) the term ``Secretary'' means the Secretary of Science, 
        Space, Energy, and Technology;
            (3) the term ``Deputy Secretary'' means the Deputy 
        Secretary of Science, Space, Energy, and Technology;
            (4) the term ``function'' includes any duty, obligation, 
        power, authority, responsibility, right, privilege, activity, 
        or program; and
            (5) the term ``office'' includes any office, institute, 
        council, unit, or organizational entity, or any component 
        thereof.

               TITLE II--ESTABLISHMENT OF THE DEPARTMENT

SEC. 201. ESTABLISHMENT.

    There is authorized an executive department to be known as the 
Department of Science, Space, Energy, and Technology. The Department 
shall be administered, in accordance with the provisions of this Act, 
under the supervision and direction of a Secretary of Science, Space, 
Energy, and Technology. The Secretary shall be appointed by the 
President, by and with the advice and consent of the Senate. The 
Secretary shall receive basic pay at the rate payable for level I of 
the Executive Schedule under section 5312 of title 5, United States 
Code.

SEC. 202. PRINCIPAL OFFICERS.

    (a) Deputy Secretary.--(1) There shall be in the Department a 
Deputy Secretary of Science, Space, Energy, and Technology who shall be 
appointed by the President, by and with the advice and consent of the 
Senate. During the absence or disability of the Secretary, or in the 
event of a vacancy in the office of the Secretary, the Deputy Secretary 
shall act as Secretary. The Secretary shall designate the order in 
which other officials of the Department shall act for and perform the 
functions of the Secretary during the absence or disability of both the 
Secretary and Deputy Secretary or in the event of vacancies in both of 
those offices. The Deputy Secretary shall receive basic pay at the rate 
payable for level II of the Executive Schedule under section 5313 of 
title 5, United States Code.
    (2) The Deputy Secretary shall perform such other duties and 
exercise such powers as the Secretary may from time to time prescribe.
    (b) Under Secretaries.--(1) There shall be in the Department--
            (A) an Under Secretary of Research who shall, on the 
        transfer of functions and offices under title III, serve as the 
        Director of the National Science Foundation;
            (B) an Under Secretary of Technology who shall, on the 
        transfer of functions and offices under title III, serve as the 
        Administrator of the National Institute of Standards and 
        Technology, the National Technical Information Service, and the 
        National Telecommunications and Information Administration;
            (C) an Under Secretary of Energy who shall, on the transfer 
        of functions and offices under title III, serve as the 
        Administrator of the National Energy Administration;
            (D) an Under Secretary of Space who shall, on the transfer 
        of functions and offices under title III, serve as the 
        Administrator of the National Aeronautics and Space 
        Administration; and
            (E) an Under Secretary of Environment who shall, on the 
        transfer of functions and offices under title III, serve as the 
        Administrator of the Environmental Protection Agency and the 
        National Oceanic and Atmospheric Administration.
    (2) Each of the Under Secretaries shall be appointed by the 
President, by and with the advice and consent of the Senate. The Under 
Secretaries shall receive basic pay at the rate payable for level III 
of the Executive Schedule under section 5314 of title 5, United States 
Code.
    (c) Assistant Secretaries.--(1) There shall be as many as 20 
Assistant Secretaries in the Department. Among the Assistant 
Secretaries shall be--
            (A) an Assistant Secretary for Administration who shall 
        serve as the Chief Financial Officer of the Department;
            (B) an Assistant Secretary for Policy and Budget;
            (C) an Assistant Secretary for Congressional and 
        Intergovernmental Affairs;
            (D) an Assistant Secretary for Technology Transfer and 
        Commercial Programs; and
            (E) an Assistant Secretary for International Programs.
    (2) Each of the Assistant Secretaries shall be appointed by the 
President, by and with the advice and consent of the Senate. The 
Assistant Secretaries shall receive basic pay at the rate payable for 
level IV of the Executive Schedule under section 5315 of title 5, 
United States Code.
    (d) General Counsel.--There shall be in the Department a General 
Counsel who shall administer the Office of General Counsel. The General 
Counsel shall be appointed by the President, by and with the advice and 
consent of the Senate. The General Counsel shall receive basic pay at 
the rate payable for level IV of the Executive Schedule under section 
5315 of title 5, United States Code.
    (e) Inspector General.--There shall be in the Department an 
Inspector General appointed in accordance with the Inspector General 
Act of 1978. The Inspector General shall receive basic pay at the rate 
payable for level IV of the Executive Schedule under section 5315 of 
title 5, United States Code.
    (f) Additional Officers.--In addition to the officers specified in 
subsections (a) through (e) and the 24 members of the Board of 
Directors of the National Science Foundation, there shall be in the 
Department not more than 10 additional officers who shall be appointed 
by the President, by and with the advice and consent of the Senate. The 
officers appointed under this subsection shall perform such functions 
as the Secretary shall prescribe.
    (g) Specification of Functions.--Whenever the President submits the 
name of an individual to the Senate for confirmation as an officer of 
the Department under this section, the President shall state the 
particular functions of the Department such individual will exercise 
upon taking office, consistent with the requirements of this Act.
    (h) Line of Authority; Additional Functions.--Each officer of the 
Department referred to in subsections (a) through (f) shall report 
directly to the Secretary and shall, in addition to any functions 
vested in or required to be delegated to such officer, perform such 
additional functions as the Secretary may prescribe.

             TITLE III--TRANSFERS OF FUNCTIONS AND OFFICES

SEC. 301. TRANSFER OF THE NATIONAL AERONAUTICS AND SPACE 
              ADMINISTRATION.

    There is transferred to the Department the National Aeronautics and 
Space Administration, along with all of its functions and offices.

SEC. 302. TRANSFER OF THE NATIONAL INSTITUTE OF STANDARDS AND 
              TECHNOLOGY.

    There is transferred to the Department the National Institute of 
Standards and Technology, along with all of its functions and offices.

SEC. 303. TRANSFER OF THE NATIONAL SCIENCE FOUNDATION.

    There is transferred to the Department the National Science 
Foundation, along with all of its functions and offices.

SEC. 304. TRANSFER OF THE NATIONAL OCEANIC AND ATMOSPHERIC 
              ADMINISTRATION.

    There is transferred to the Department the National Oceanic and 
Atmospheric Administration, along with all of its functions and 
offices.

SEC. 305. TRANSFER OF THE ENVIRONMENTAL PROTECTION AGENCY.

    There is transferred to the Department the Environmental Protection 
Agency, along with all of its functions and offices.

SEC. 306. TRANSFER OF THE NATIONAL TECHNICAL INFORMATION SERVICE.

    There is transferred to the Department the National Technical 
Information Service, along with all of its functions and offices.

SEC. 307. TRANSFER OF THE DEPARTMENT OF ENERGY.

    There is transferred to the Department the Department of Energy, 
which shall be renamed the National Energy Administration, along with 
all of its functions and offices, except for the following facilities, 
which shall be transferred to the Department of Defense:
            (1) The Feed Materials Production Center at Fernald, Ohio.
            (2) The Extrusion Plant at Ashtabula, Ohio.
            (3) The Savannah River Plant, including the Savannah River 
        Weapons Facility, at Aiken, South Carolina.
            (4) The Hanford Production Operations at Richland, 
        Washington.
            (5) The Nevada Test Site.
            (6) The Kansas City Plant at Kansas City, Missouri.
            (7) The Rocky Flats Plant located between Golden and 
        Boulder, Colorado.
            (8) The Pantex Plant located near Amarillo, Texas.
            (9) The Pinellas Plant at St. Petersburg, Florida.
            (10) The Mound Facility at Miamisburg, Ohio.
            (11) The Y-12 Plant at Oak Ridge, Tennessee.

SEC. 308. TRANSFER OF THE NATIONAL TELECOMMUNICATIONS AND INFORMATION 
              ADMINISTRATION.

    There is transferred to the Department the National 
Telecommunications and Information Administration, along with all of 
its functions and offices.

SEC. 309. EFFECTIVE DATE.

    This title shall take effect--
            (1) 180 days after the first Secretary takes office under 
        section 201; or
            (2) on any date earlier than the date described in 
        paragraph (1), but later than September 30, 1994, that the 
        President designates through publication in the Federal 
        Register.

                  TITLE IV--ADMINISTRATIVE PROVISIONS

                    Subtitle A--Personnel Provisions

SEC. 401. OFFICERS AND EMPLOYEES.

    (a) General Authority.--The Secretary is authorized to appoint and 
fix the compensation of such officers and employees as may be necessary 
to carry out the functions of the Secretary and the Department. Except 
as otherwise provided by law, such officers and employees shall be 
appointed in accordance with the civil service laws and their 
compensation fixed in accordance with title 5 of the United States 
Code.
    (b) Temporary Super Grade and Technical Positions.--(1)(A) At the 
request of the Secretary, the Director of the Office of Personnel 
Management shall, under section 5108 of title 5, United States Code, 
provide for the establishment in each of the grade levels GS-16, GS-17, 
and GS-18 of a number of positions in the Department equal to the 
number of positions in that grade level which were used primarily for 
the performance of functions and offices transferred under title III 
and which were assigned and filled on the day before such transfer.
    (B) Appointments to positions provided for under this paragraph may 
be made without regard to the provisions of section 3324 of title 5, 
United States Code, if the individual appointed in such position is an 
individual who is transferred in connection with the transfer of 
functions and offices under title III and, on the day before such 
transfer, holds a position and has duties comparable to those of the 
position to which appointed hereunder.
    (2) At the request of the Secretary, the Director of the Office of 
Personnel Management shall, under section 3104 of title 5, United 
States Code, provide for the establishment in the Department of a 
number of scientific and professional positions outside of the General 
Schedule equal to the number of such positions which were used 
primarily for the performance of functions and offices transferred 
under title III and which were assigned and filled on the day before 
such transfer.
    (3) The authority under this subsection with respect to any 
position shall terminate when the person first appointed to fill such 
position ceases to hold such position.
    (4) For purposes of section 414(a)(3)(A) of the Civil Service 
Reform Act of 1978, an individual appointed under this subsection shall 
be deemed to occupy the same position as the individual occupied on the 
day before the transfer of functions and offices under title III.
    (c) Transitional Senior Executive Service Positions.--
Notwithstanding any other provision of law, the Director of the Office 
of Personnel Management shall establish positions within the Senior 
Executive Service for 5 limited-term appointees. The Secretary shall 
appoint individuals to such positions as provided by section 3394 of 
title 5, United States Code. Such positions shall expire on the later 
of 3 years after the date of the transfer of functions and offices 
under title III or 3 years after the initial appointment to each 
position. Positions in effect under this subsection shall be taken into 
account in applying the limitation on positions prescribed under 
section 3134(e) and section 5108 of such title.

SEC. 402. EXPERTS AND CONSULTANTS.

    The Secretary may as provided in appropriation Acts obtain the 
services of experts and consultants in accordance with the provisions 
of section 3109 of title 5, United States Code, and may compensate such 
experts and consultants at rates not to exceed the daily rate 
prescribed for GS-18 of the General Schedule under subchapter III of 
chapter 53 of such title.

SEC. 403. PERSONNEL REDUCTION.

    (a) Full-Time Employee Limitations.--Not later than the end of the 
first fiscal year beginning after the date of the transfer of functions 
and offices under title III, the number of full-time equivalent 
personnel positions available for performing functions transferred to 
the Secretary or the Department under such title shall be reduced by 
500.
    (b) Computations.--Computations required to be made for purposes of 
this section shall be made on the basis of all personnel employed by 
the Department, including experts and consultants employed under 
section 3109 of title 5, United States Code, and all other part-time 
and full-time personnel employed to perform functions of the Secretary 
or the Department, except personnel employed under special programs for 
students and disadvantaged youth (including temporary summer 
employment).
    (c) Report to Congress.--The Director of the Office of Personnel 
Management shall, as soon as practicable, but not later than one year 
after the date of the transfer of functions and offices under title 
III, prepare and transmit to the Congress a report on the effects on 
employees of the reorganization under this Act, which shall include--
            (1) an identification of any position within the Department 
        or elsewhere in the executive branch, which it considers 
        unnecessary due to consolidation of functions under this Act;
            (2) a statement of the number of employees entitled to 
        grade or pay retention under subchapter VI of chapter 53 of 
        title 5, United States Code, by reason of the reorganization 
        under this Act;
            (3) a statement of the number of employees who are 
        voluntarily or involuntarily separated by reason of such 
        reorganization;
            (4) an estimate of the personnel costs associated with such 
        reorganization;
            (5) the effects of such reorganization on labor management 
        relations; and
            (6) such legislative and administrative recommendations for 
        improvements in personnel management within the Department as 
        the Director considers necessary.

             Subtitle B--General Administrative Provisions

SEC. 411. GENERAL AUTHORITY.

    In carrying out any function transferred by this Act, the 
Secretary, or any officer or employee of the Department, may exercise 
any authority available by law with respect to such function to the 
official or agency from which such function is transferred, and the 
actions of the Secretary in exercising such authority shall have the 
same force and effect as when exercised by such official or agency.

SEC. 412. DELEGATION.

    Except as otherwise provided in this Act, the Secretary may 
delegate any function to such officers and employees of the Department 
as the Secretary may designate, and may authorize such successive 
redelegations of such functions within the Department as may be 
necessary or appropriate. No delegation of functions by the Secretary 
under this section or under any other provision of this Act shall 
relieve the Secretary of responsibility for the administration of such 
functions.

SEC. 413. REORGANIZATION.

    (a) Authority of Secretary.--Except as provided in subsection (b), 
the Secretary is authorized to allocate or reallocate functions among 
the officers of the Department, and to establish, consolidate, alter, 
or abolish such offices or positions within the Department as may be 
necessary or appropriate.
    (b) Authority With Respect to Statutory Entities.--The Secretary 
may not--
            (1) abolish any office or position transferred to the 
        Department and established by statute, or any function vested 
        by statute in such an office or an officer of such an office;
            (2) abolish any office or position established by this Act; 
        or
            (3) alter the delegation of functions to any specific 
        office or position required by this Act,
unless a period of 90 days has passed after the receipt by the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Science, Space, and Technology of the House of 
Representatives of notice given by the Secretary containing a full and 
complete statement of the action proposed to be taken pursuant to this 
subsection and the facts and circumstances relied upon in support of 
such proposed action.

SEC. 414. REGULATIONS.

    The Secretary is authorized to prescribe such rules and regulations 
as the Secretary determines necessary or appropriate to administer and 
manage the functions of the Secretary or the Department, in accordance 
with chapter 5 of title 5, United States Code.

SEC. 415. CONTRACTS.

    (a) In General.--Subject to the Federal Property and Administrative 
Services Act of 1949 and other applicable Federal law, the Secretary is 
authorized to make, enter into, and perform such contracts, grants, 
leases, cooperative agreements, and other similar transactions with 
Federal or other public agencies (including State and local 
governments) and private organizations and persons, and to make such 
payments, by way of advance or reimbursement, as the Secretary may 
determine necessary or appropriate to carry out functions of the 
Secretary or the Department.
    (b) Appropriation Authority Required.--No authority to enter into 
contracts or to make payments under this Act shall be effective except 
to such extent or in such amounts as are provided in advance under 
appropriation Acts. This subsection shall not apply with respect to the 
authority granted under section 420.

SEC. 416. REGIONAL AND FIELD OFFICES.

    The Secretary is authorized to establish, alter, discontinue, or 
maintain such regional or other field offices as the Secretary may find 
necessary or appropriate to perform functions of the Secretary or the 
Department.

SEC. 417. ACQUISITION AND MAINTENANCE OF PROPERTY.

    (a) Authority of Secretary.--To the extent necessary to carry out 
functions under this and any other Act, the Secretary is authorized to 
provide appropriate facilities and services necessary for carrying out 
such functions or necessary for the health and welfare of the 
Department's employees, including--
            (1) to acquire (by purchase, lease, condemnation, contract, 
        or otherwise), construct, improve, repair, operate, maintain, 
        and provide transportation to--
                    (A) schools and related facilities;
                    (B) laboratories;
                    (C) research and testing sites and facilities;
                    (D) quarters and related accommodations, including 
                eating facilities, for employees and dependents of 
                employees of the Department; and
                    (E) personal property (including patents), or any 
                interest therein; and
            (2) to provide reimbursement for food, clothing, medicine, 
        and other supplies furnished by such employees in emergencies 
        for the temporary relief of distressed persons.
    (b) Limitation.--The authority granted by subsection (a) shall be 
available only with respect to facilities of a special purpose nature 
or at a remote location that cannot readily be reassigned from similar 
Federal activities and are not otherwise available for assignment to 
the Department by the Administrator of General Services.

SEC. 418. USE OF FACILITIES.

    (a) Authority to Use.--With their consent, the Secretary may, with 
or without reimbursement, use the research, equipment, services, and 
facilities of any agency or instrumentality of the United States, of 
any State or political subdivision thereof, or of any foreign 
government, in carrying out any function of the Secretary or the 
Department.
    (b) Authority to Permit Use.--The Secretary is authorized to permit 
public and private agencies, corporations, associations, organizations, 
or individuals to use any real property, or any facilities, structures, 
or other improvements thereon, under the custody and control of the 
Secretary for Department purposes. The Secretary shall permit the use 
of such property, facilities, structures, or improvements under such 
terms and rates and for such period as may be in the public interest, 
except that the periods of such uses may not exceed 5 years. The 
Secretary may require permittees under this section to recondition and 
maintain, at their own expense, the real property, facilities, 
structures, and improvements used by such permittees to a standard 
satisfactory to the Secretary. This subsection shall not apply to 
excess property as defined in section 3(e) of the Federal Property and 
Administrative Services Act of 1949.
    (c) Crediting of Reimbursements.--Proceeds from reimbursements 
under this section shall be deposited in a separate fund which shall be 
available to the Secretary without appropriation or fiscal year 
limitation, for carrying out the functions of the Secretary under this 
or any other Act.
    (d) Interests in Real Property.--Any interest in real property 
acquired pursuant to this Act shall be acquired in the name of the 
United States Government.

SEC. 419. COPYRIGHTS AND PATENTS.

    (a) Acquisition of Rights.--The Secretary is authorized to acquire 
any of the following described rights if the rights acquired thereby 
are for use by or for, or useful to, the Department:
            (1) Copyrights, patents, designs, processes, and 
        manufacturing data.
            (2) Licenses in connection with copyrights and patents.
            (3) Releases for past infringement of patents or 
        copyrights.
    (b) Disposition.--Notwithstanding subsection (a), the disposition 
of all copyrights and patents and other intellectual property owned or 
developed for the Department shall be governed by chapter 18 of title 
35, United States Code (commonly referred to as the Bayh-Dole Act), 
section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 
(15 U.S.C. 3710(a)), the National Aeronautics and Space Act of 1958 (42 
U.S.C. 2451 et seq.), or the National Competitiveness Technology 
Transfer Act of 1989, as appropriate.

SEC. 420. GIFTS AND BEQUESTS.

    The Secretary is authorized to accept, hold, administer, and 
utilize gifts, bequests, and devises of property, both real and 
personal, for the purpose of aiding or facilitating the work of the 
Department. Gifts, bequests, and devises of money, and proceeds from 
sales of other property received as gifts, bequests, or devises, shall 
be deposited in the Treasury and shall be available for disbursement 
upon the order of the Secretary.

SEC. 421. TECHNICAL ADVICE.

    (a) Authority to Provide.--The Secretary is authorized, upon 
request, to provide advice, counsel, and technical assistance to 
applicants or potential applicants for grants and contracts and other 
interested persons with respect to any functions of the Secretary or 
the Department.
    (b) Consolidation of Applications.--The Secretary may permit the 
consolidation of applications for grants or contracts with respect to 
two or more functions of the Secretary or the Department, but such 
consolidation shall not alter the statutory criteria for approval of 
applications for funding with respect to such functions.

SEC. 422. WORKING CAPITAL FUND.

    (a) Establishment and Use.--The Secretary, with the approval of the 
Director of the Office of Management and Budget, is authorized to 
establish for the Department a working capital fund (hereafter in this 
section referred to as the ``fund''), to be available without fiscal 
year limitation, for expenses necessary for the maintenance and 
operation of an administrative services office to provide such common 
administrative services as the Secretary shall find to be desirable in 
the interests of economy and efficiency, including such services as--
            (1) a central supply service for stationery and other 
        supplies and equipment for which adequate stocks may be 
        maintained to meet in whole or in part the requirements of the 
        Department and its offices;
            (2) central messenger, mail, telephone, and other 
        communications services;
            (3) office space, and central services for document 
        reproduction, for graphics, and for visual aids; and
            (4) a central library service.
    (b) Operation of Fund.--The capital of the fund shall consist of 
any appropriations made for the purpose of providing working capital 
and the fair and reasonable value of such stocks of supplies, 
equipment, and other assets and inventories on order as the Secretary 
may transfer to the administrative services office, less the related 
liabilities and unpaid obligations. There shall be transferred to the 
administrative services office the stocks of supplies, equipment, other 
assets, liabilities, and unpaid obligations relating to the services 
which the Secretary determines, with the approval of the Director of 
the Office of Management and Budget, will be performed. Administrative 
supplies and services provided by such office shall be paid for in 
advance from available funds of agencies and offices in the Department, 
or from other sources, at rates that will approximate the expense of 
operation. The fund shall also be credited with receipts from sale or 
exchange of property and receipts in payment for loss or damage to 
property.

SEC. 423. FUNDS TRANSFER.

    The Secretary may, when authorized in an appropriation Act for any 
fiscal year, transfer funds from one appropriation to another within 
the Department, except that no appropriations for any fiscal year shall 
be either increased or decreased pursuant to this section by more than 
10 percent and no such transfer shall result in increasing any such 
appropriation above the amount authorized to be appropriated therefor.

SEC. 424. SEAL OF DEPARTMENT.

    The Secretary shall cause a seal of office to be made for the 
Department of such design as the Secretary shall approve. Judicial 
notice shall be taken of such seal.

SEC. 425. ANNUAL REPORT.

    (a) In General.--The Secretary shall, as soon as practicable after 
the close of each fiscal year, make a single, comprehensive report to 
the President for transmission to the Congress on the activities of the 
Department during such fiscal year.
    (b) Contracting-Out Report.--The report required by subsection (a) 
shall also include an estimate of the extent of the non-Federal 
personnel employed pursuant to contracts entered into by the Department 
under section 415 or under any other authority (including any 
subcontract thereunder), the number of such contracts and subcontracts 
pursuant to which non-Federal personnel are employed, and the total 
cost of those contracts and subcontracts.

       TITLE V--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

SEC. 501. TRANSFER AND ALLOCATION OF APPROPRIATIONS AND PERSONNEL.

    (a) Transfer to Secretary.--Except as otherwise provided in this 
Act, the personnel employed in connection with, and the assets, 
liabilities, contracts, property, records, and unexpended balance of 
appropriations, authorizations, allocations, and other funds employed, 
held, used, arising from, available to, or to be made available in 
connection with, the functions and offices, or portions thereof, 
transferred by this Act, subject to section 1531 of title 31, United 
States Code, shall be transferred to the Secretary for appropriate 
allocation. Unexpended funds transferred pursuant to this subsection 
shall be used only for the purposes for which the funds were originally 
authorized and appropriated.
    (b) Effect of Terminations.--Positions expressly specified by 
statute or reorganization plan to carry out functions or offices 
transferred by this Act, personnel occupying those positions on the 
date of such transfer, and personnel authorized to receive compensation 
in such positions at the rate prescribed for offices and positions at 
level IV or V of the Executive Schedule under section 5315 or 5316 of 
title 5, United States Code, on the date of such transfer, shall be 
subject to section 503 of this Act.

SEC. 502. EFFECT ON PERSONNEL.

    (a) Preservation of Grade and Compensation for 1 Year.--Except as 
otherwise provided in this Act, the transfer pursuant to this Act of 
full-time personnel (except special Government employees) and part-time 
personnel holding permanent positions shall not cause any such employee 
to be separated or reduced in grade or compensation for 1 year after 
the date of transfer to the Department.
    (b) Preservation of Compensation for Executive Schedule 
Appointees.--Any person who, on the day preceding the date of the 
transfer of functions and offices under title III, held a position 
compensated in accordance with the Executive Schedule prescribed in 
chapter 53 of title 5, United States Code, and who, without a break in 
service, is appointed in the Department to a position having duties 
comparable to the duties performed immediately preceding such 
appointment shall continue to be compensated in the new position at not 
less than the rate provided for the previous position, for the duration 
of the service of such person in the new position.

SEC. 503. AGENCY TERMINATIONS.

    (a) Terminations.--On the date of the transfer of functions and 
offices under title III, the following entities shall terminate:
            (1) The Office of the Secretary of Energy.
            (2) The Office of Deputy Secretary of Energy.
            (3) The Office of the Under Secretary of Commerce for 
        Technology.
            (4) The Office of the Assistant Secretary of Commerce for 
        Technology Policy.
            (5) The Office of Science and Technology Policy in the 
        Executive Office of the President.
    (b) Termination of Executive Schedule Positions.--Each position 
which was expressly authorized by law, or the incumbent of which was 
authorized to receive compensation at the rate prescribed for levels I 
through V of the Executive Schedule under sections 5312 through 5315 of 
title 5, United States Code, in an office terminated pursuant to this 
Act shall also terminate.

SEC. 504. INCIDENTAL TRANSFERS.

    (a) In General.--The Director of the Office of Management and 
Budget, in conjunction with the Secretary, shall make such 
determinations as may be necessary with regard to the functions, 
offices, or portions thereof transferred by this Act, and make 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 such functions, offices, or portions thereof, as may be necessary 
to carry out this Act. The Director shall provide for the termination 
of the affairs of all entities terminated by this Act and, in 
conjunction with the Secretary, for such further measures and 
dispositions as may be necessary to effectuate the purposes of this 
Act.
    (b) Allocation of SES Positions.--After consultation with the 
Director of the Office of Personnel Management, the Director of the 
Office of Management and Budget is authorized to make such 
determinations as may be necessary with regard to the transfer of 
positions within the Senior Executive Service in connection with 
functions and offices transferred by this Act.

SEC. 505. SAVINGS PROVISIONS.

    (a) Continuity of Legal Force and Effect.--All orders, 
determinations, rules, regulations, permits, grants, contracts, 
certificates, licenses, and privileges--
            (1) which have been issued, made, granted, or allowed to 
        become effective by the President, by any Federal department or 
        agency or official thereof, or by a court of competent 
        jurisdiction, in the performance of functions which are 
        transferred under this Act to the Secretary or the Department; 
        and
            (2) which are in effect at the time of such transfer,
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked by the President, the 
Secretary, or the authorized official, a court of competent 
jurisdiction, or by operation of law.
    (b) Pending Proceedings.--(1) This Act shall not affect any 
proceedings, including notices of proposed rulemaking, or any 
application for any license, permit, certificate, or financial 
assistance pending on the date of the transfer of functions and offices 
under title III before any department, agency, commission, or component 
thereof, functions of which are transferred by this Act. Such 
proceedings and applications, to the extent that they relate to 
functions so transferred, shall be continued, except as provided in 
paragraph (3).
    (2) Orders may be issued in such proceedings, appeals may be taken 
therefrom, and payments may be made pursuant to such orders, as if this 
Act had not been enacted. Orders issued in any such proceedings shall 
continue in effect until modified, terminated, superseded, or revoked 
by the Secretary, by a court of competent jurisdiction, or by operation 
of law.
    (3) Nothing in this subsection shall be considered 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.
    (4) The Secretary is authorized to promulgate regulations providing 
for the orderly transfer of proceedings continued under this subsection 
to the Department.
    (c) No Effect on Judicial Proceedings.--Except as provided in 
subsection (e)--
            (1) the transfer of functions and offices under title III 
        shall not affect suits commenced prior to the date of such 
        transfer; and
            (2) in all such suits, proceedings shall be had, appeals 
        taken, and judgments rendered in the same manner and effect as 
        if this Act had not been enacted.
    (d) Non-Abatement of Proceedings.--No suit, action, or other 
proceeding commenced by or against any officer in the official capacity 
of such individual as an officer of any department or agency, functions 
of which are transferred by this Act, shall abate by reason of the 
enactment of this Act. No cause of action by or against any department 
or agency, functions of which are transferred by this Act, or by or 
against any officer thereof in the official capacity of such officer 
shall abate by reason of the enactment of this Act.
    (e) Continuation of Proceeding With Substitution of Parties.--If, 
before the date of the transfer of functions and offices under title 
III, any department or agency, or officer thereof in the official 
capacity of such officer, is a party to a suit, and under this Act any 
function of such department, agency, or officer is transferred to the 
Secretary or any other official of the Department, then such suit shall 
be continued with the Secretary or other appropriate official of the 
Department substituted or added as a party.
    (f) Reviewability of Orders and Actions Under Transferred 
Functions.--Orders and actions of the Secretary in the exercise of 
functions transferred under this Act shall be subject to judicial 
review to the same extent and in the same manner as if such orders and 
actions had been by the agency or office, or part thereof, exercising 
such functions immediately preceding their transfer. Any statutory 
requirements relating to notice, hearings, action upon the record, or 
administrative review that apply to any function transferred by this 
Act shall apply to the exercise of such function by the Secretary.

SEC. 506. REFERENCE.

    With respect to any function transferred by this Act and exercised 
on or after the date of such transfer, reference in any other Federal 
law to any department, commission, or agency or any officer or office 
the functions of which so transferred shall be deemed to refer to the 
Secretary, other official, or component of the Department to which this 
Act transfers such functions.

SEC. 507. AMENDMENTS.

    (a) Department of Energy Organization Act.--Sections 201 through 
203 of the Department of Energy Organization Act (42 U.S.C. 7131-7133) 
are repealed.
    (b) Inspector General Act of 1978.--The Inspector General Act of 
1978 is amended--
            (1) in section 8E(a)(2), by striking ``the National Science 
        Foundation,'';
            (2) in section 8E(a)(4), by striking ``, except that with 
        respect to the National Science Foundation, such term means the 
        National Science Board'';
            (3) in section 11(1)--
                    (A) by striking ``Energy,'';
                    (B) by inserting ``Science, Space, Energy, and 
                Technology,'' after ``the Interior, Labor,'';
                    (C) by striking ``Environmental Protection,''; and
                    (D) by striking ``National Aeronautics and 
                Space,''; and
            (4) in section 11(2)--
                    (A) by striking ``Energy,'';
                    (B) by inserting ``Science, Space, Energy, and 
                Technology,'' after ``Justice, Labor,'';
                    (C) by striking ``the Environmental Protection 
                Agency,''; and
                    (D) by striking ``the National Aeronautics and 
                Space Administration,''.
    (c) National Aeronautics and Space Act of 1958.--Section 207 of the 
National Aeronautics and Space Act of 1958 (42 U.S.C. 2476a) is 
repealed.

SEC. 508. TRANSITION.

    (a) Use of Funds.--Funds available to any department or agency (or 
any official or component thereof), the functions or offices of which 
are transferred to the Secretary or the Department by this Act, may, 
with the approval of the Director of the Office of Management and 
Budget, be used to pay the compensation and expenses of any officer 
appointed pursuant to this Act and other transitional and planning 
expenses associated with the establishment of the Department or 
transfer of functions or offices thereto until such time as funds for 
such purposes are otherwise available.
    (b) Use of Personnel.--With the consent of the appropriate 
department or agency head concerned, the Secretary is authorized to 
utilize the services of such officers, employees, and other personnel 
of the departments and agencies from which functions or offices have 
been transferred to the Secretary or the Department, for such period of 
time as may reasonably be needed to facilitate the orderly 
implementation of this Act.

SEC. 509. INTERIM APPOINTMENTS.

    (a) Authority to Appoint.--Notwithstanding any other provision of 
law, in the event that one or more officers required by this Act to be 
appointed by and with the advice and consent of the Senate shall not 
have entered upon office on the date of the transfer of functions and 
offices under title III, the President may designate an officer in the 
executive branch to act in such office for 120 days or until the office 
is filled as provided in this Act, whichever occurs first.
    (b) Compensation.--Any officer acting in an office in the 
Department pursuant to the provisions of subsection (a) shall receive 
compensation at the rate prescribed for such office under this Act.

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