I

104TH CONGRESS

1ST SESSION H. R. 2521

To establish a Federal Statistical Service.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 24, 1995

Mr. HORN (for himself, Mr. CLINGER, Mr. PETRI, Mrs. JOHNSON of Connecticut, Mr. CHRYSLER, Mr. EHLERS, Mr. FALEOMAVAEGA, Mr. HOBSON,

Mr. KNOLLENBERG, Mr. LEACH, Mr. ROGERS, and Mr. DAVIS) introduced the following bill; which was referred to the Committee on Government Reform and Oversight, and in addition to the Committee on Economic and Educational Opportunities, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions

as fall within the jurisdiction of the committee concerned

A BILL

To establish a Federal Statistical Service.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Statistical Consolidation Act of 1995’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—GENERAL PROVISIONS
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Sec. 101. Findings.

Sec. 102. Sense of the Congress.

Sec. 103. Definitions.

TITLE II—ESTABLISHMENT OF THE FEDERAL STATISTICAL

SERVICE

Sec. 201. Establishment.

Sec. 202. Principal officers.

Sec. 203. Federal Council on Statistical Policy.

TITLE III—TRANSFERS OF FUNCTIONS AND OFFICES

Sec. 301. Transfer of the Bureau of the Census.

Sec. 302. Transfer of the Bureau of Economic Analysis.

Sec. 303. Transfer of the Bureau of Labor Statistics.

Sec. 304. Transfer date.

TITLE IV—ADMINISTRATIVE PROVISIONS

Subtitle A—Personnel Provisions

Sec. 401. Officers and employees.

Sec. 402. Experts and consultants.

Sec. 403. Acceptance of voluntary services.

Subtitle B—General Administrative Provisions

Sec. 411. General authority.

Sec. 412. Delegation.

Sec. 413. Reorganization.

Sec. 414. Contracts.

Sec. 415. Regulations.

Sec. 416. Seal.

Sec. 417. Annual report.

TITLE V—TRANSITIONAL, SAVINGS, AND CONFORMING

PROVISIONS

Sec. 501. Transfer and allocation of appropriations and personnel.

Sec. 502. Incidental transfers.

Sec. 503. Savings provisions.

Sec. 504. References.

Sec. 505. Proposed changes in law.

Sec. 506. Transition.

Sec. 507. Interim appointments.

1 TITLE I—GENERAL PROVISIONS

2 SEC. 101. FINDINGS.

3 The Congress, recognizing the importance of statis4 tical information in the development of national priorities
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1 and policies and in the administration of public programs,

2 hereby finds and declares that—

3 (1) improved coordination and planning among

4 the statistical programs of the Government is nec5 essary to strengthen and improve the quality and

6 utility of Federal statistics and to reduce duplication

7 and waste in information collected for statistical

8 purposes;

9 (2) while the demand for statistical information

10 has grown substantially over the past 30 years, the

11 lack of coordinated planning within the decentralized

12 Federal statistical system has limited the usefulness

13 of statistics in defining problems and determining

14 national policies to deal with complex social and eco15 nomic issues;

16 (3) a Governmentwide statistical policy needs to

17 be established to ensure that data available from

18 Federal statistical programs are responsive to the in19 formation needs of the President and the Congress

20 in developing national policies, and that necessary

21 statistical information is collected with the smallest

22 practical imposition of reporting burden on individ23 uals, businesses, and public entities;

24 (4) a central statistical policy and coordination

25 office is necessary to develop and implement a Fed-
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1 eral statistical policy, to establish priorities for Fed2 eral statistical programs, to oversee and evaluate the

3 statistical programs of the Government, and to en4 sure that data collected for statistical purposes by

5 the Government are collected and reported in ac6 cordance with established standards; and

7 (5) it is conducive and integral to sound policy

8 that the heads of major statistical agencies within a

9 department or agency of the Government have direct

10 access to the head of such department or agency.

11 SEC. 102. SENSE OF THE CONGRESS.

12 (a) CHIEF STATISTICIAN.—It is the sense of the Con13 gress that—

14 (1) a more centralized statistical system is inte15 gral to efficiency;

16 (2) with increased efficiency comes better inte17 gration of research, methodology, survey design, and

18 taking advantage of economies of scale;

19 (3) the Chief Statistician must have the author20 ity, personnel, and other resources necessary to

21 carry out the duties of that office effectively, includ22 ing duties relating to statistical forms clearance;

23 (4) statistical forms clearance at the Office of

24 Management and Budget should be better distin25 guished from regulatory forms clearance; and
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1 (5) recognizing that the Chief Statistician has

2 numerous responsibilities with respect to statistical

3 policy and coordination, the Chief Statistician should

4 have a direct reporting relationship with the Direc5 tor of the Office of Management and Budget.

6 (b) CONFIDENTIALITY.—It is the sense of the Con7 gress that—

8 (1) Government entities (including the Federal

9 Council on Statistical Policy and the Interagency

10 Council on Statistical Policy) and private entities

11 should examine the efficacy of replacing the individ12 ual confidentiality provisions of statistical agencies

13 with a single, uniform standard that guarantees con14 fidentiality across the affected agencies; and

15 (2) those entities should also examine the shar16 ing of confidential data for statistical purposes with17 in the Federal Statistical Service and special ar18 rangements to permit the sharing of confidential

19 data for statistical purposes with State agencies co20 operating with Federal agencies in statistical pro21 grams.

22 (c) DECENNIAL CENSUSES.—It is the sense of the

23 Congress that the budget and functions of the Bureau of

24 the Census relating to any decennial census of population
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1 should be segregated from the other budget and functions

2 of the Bureau of the Census.

3 SEC. 103. DEFINITIONS.

4 As used in this Act, unless otherwise provided or indi5 cated by the context:

6 (1) The term ‘‘Service’’ means the Federal Sta7 tistical Service.

8 (2) The term ‘‘Administrator’’ means the Ad9 ministrator of the Federal Statistical Service.

10 (3) The term ‘‘Deputy Administrator’’ means

11 the Deputy Administrator of the Federal Statistical

12 Service.

13 (4) The term ‘‘function’’ includes any duty, ob14 ligation, power, authority, responsibility, right, privi15 lege, activity, or program.

16 (5) The term ‘‘office’’ includes any office, bu17 reau, institute, council, unit, or organizational en18 tity, or any component thereof.

19 (6) The term ‘‘Council’’ means the Federal

20 Council on Statistical Policy under section 203.

21 (7) The term ‘‘census of population’’ has the

22 meaning given such term by section 141(g) of title

23 13, United States Code.
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1 (8) The term ‘‘Chief Statistician’’ means the

2 Chief Statistician of the Office of Management and

3 Budget.

4 TITLE II—ESTABLISHMENT OF

5 THE FEDERAL STATISTICAL

6 SERVICE

7 SEC. 201. ESTABLISHMENT.

8 The Federal Statistical Service is hereby established

9 as an independent establishment in the executive branch

10 of the Government.

11 SEC. 202. PRINCIPAL OFFICERS.

12 (a) ADMINISTRATOR.—(1) There shall be at the head

13 of the Service an Administrator of the Federal Statistical

14 Service, who shall be appointed, from among individuals

15 nominated for that purpose by the Federal Council on Sta16 tistical Policy who are experienced in the collection and

17 utilization of statistical data or survey research, by the

18 President, by and with the advice and consent of the Sen19 ate.

20 (2) The Service, including all functions and offices

21 transferred to it under this Act, shall be administered, in

22 accordance with the provisions of this Act, under the su23 pervision and direction of the Administrator.
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1 (3) The Administrator shall receive basic pay at the

2 rate payable for level II of the Executive Schedule under

3 section 5313 of title 5, United States Code.

4 (b) DEPUTY ADMINISTRATOR.—(1) There shall be in

5 the Service a Deputy Administrator of the Federal Statis6 tical Service who shall be appointed, from among individ7 uals nominated for that purpose by the Federal Council

8 on Statistical Policy who are experienced in the collection

9 and utilization of statistical data or survey research, by

10 the President, by and with the advice and consent of the

11 Senate.

12 (2) During the absence or disability of the Adminis13 trator, or in the event of a vacancy in the office of the

14 Administrator, the Deputy Administrator shall act as Ad15 ministrator. The Deputy Administrator shall perform such

16 other duties and exercise such powers as the Adminis17 trator may from time to time prescribe.

18 (3) The Deputy Administrator shall receive basic pay

19 at the rate payable for level III of the Executive Schedule

20 under section 5314 of title 5, United States Code.

21 (c) BUREAU DIRECTORS.—(1) There shall be in the

22 Service—

23 (A) a Director of the Census who shall, on the

24 transfer of functions and offices under title III,

25 serve as the head of the Bureau of the Census;
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1 (B) a Director of the Bureau of Economic

2 Analysis who shall, on the transfer of functions and

3 offices under title III, serve as the head of the Bu4 reau of Economic Analysis; and

5 (C) a Director of the Bureau of Labor Statis6 tics who shall, on the transfer of functions and of7 fices under title III, serve as the head of the Bureau

8 of Labor Statistics.

9 (2) Each of the Directors shall be appointed by the

10 President, by and with the advice and consent of the Sen11 ate.

12 (3) The Director of the Bureau of Labor Statistics

13 appointed after the date of the enactment of this section

14 shall receive basic pay at the rate payable for level IV of

15 the Executive Schedule under section 5315 of title 5,

16 United States Code. The Director of the Census shall re17 ceive basic pay at the rate payable for level IV of the Exec18 utive Schedule under section 5315 of such title.

19 (4)(A) The position of Director of the Bureau of Eco20 nomic Analysis shall be a Senior Executive Service posi21 tion.

22 (B) For purposes of this paragraph, the term ‘‘Senior

23 Executive Service position’’ shall have the meaning given

24 to it by section 3132(a) of title 5, United States Code.
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1 (5) The term of office for each Director shall be as

2 specified in otherwise applicable provisions of law, except

3 that, notwithstanding section 21 of title 13, United States

4 Code, the term of the Director of the Census shall be 4

5 years.

6 (d) GENERAL COUNSEL.—There shall be in the Serv7 ice a General Counsel who shall administer the Office of

8 General Counsel of the Federal Statistical Service. The

9 General Counsel shall be appointed by the President, by

10 and with the advice and consent of the Senate. The Gen11 eral Counsel shall receive basic pay at the rate payable

12 for level IV of the Executive Schedule under section 5315

13 of title 5, United States Code.

14 (e) INSPECTOR GENERAL.—There shall be in the

15 Service an Inspector General appointed in accordance with

16 the Inspector General Act of 1978. The Inspector General

17 shall receive basic pay at the rate payable for level IV of

18 the Executive Schedule under section 5315 of title 5,

19 United States Code.

20 SEC. 203. FEDERAL COUNCIL ON STATISTICAL POLICY.

21 (a) ESTABLISHMENT.—There shall be in the Service

22 a Federal Council on Statistical Policy.

23 (b) COMPOSITION.—The Council shall be composed

24 of 9 members as follows:
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1 (1) The Administrator of the Federal Statistical

2 Service.

3 (2) The Director of the Census.

4 (3) The Director of the Bureau of Labor Statis5 tics.

6 (4) The Director of the Bureau of Economic

7 Analysis.

8 (5) The Chief Statistician of the Office of Man9 agement and Budget.

10 (6) 2 members appointed by the Majority Lead11 er of the Senate from among individuals who—

12 (A) are not officers or employees of the

13 Government; and

14 (B) are especially qualified to serve on the

15 Council by virtue of experience relating to one

16 or more of the bureaus referred to in title III.

17 (7) 2 members appointed by the Speaker of the

18 House of Representatives from among individuals

19 who—

20 (A) are not officers or employees of the

21 Government; and

22 (B) are especially qualified to serve on the

23 Council by virtue of experience relating to one

24 or more of the bureaus referred to in title III.
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1 (c) TERMS.—(1) Each member under subsection

2 (b)(6) shall be appointed for a term of 5 years, except

3 that, of the members first appointed—

4 (A) 1 shall be appointed for a term of 5 years;

5 and

6 (B) 1 shall be appointed for a term of 3 years.

7 (2) Each member under subsection (b)(7) shall be ap8 pointed for a term of 5 years, except that, of the members

9 first appointed—

10 (A) 1 shall be appointed for a term of 5 years;

11 and

12 (B) 1 shall be appointed for a term of 2 years.

13 (d) FUNCTIONS.—(1) The Council shall—

14 (A) make any nominations required under sec15 tion 202(a)(1);

16 (B) serve as an advisory body to the Chief Stat17 istician on confidentiality issues, such as those relat18 ing to—

19 (i) the collection or sharing of data for sta20 tistical purposes among Federal agencies; and

21 (ii) the sharing of data, for statistical pur22 poses, by States and political subdivisions with

23 the Federal Government; and

24 (C) establish a Governmentwide statistical pol25 icy as described in section 101(3).
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1 (2) The Council shall study and, not later than 18

2 months after the date of the enactment of this Act, submit

3 to the Congress a written report relating to procedures

4 for the release of major economic and social indicators by

5 the Federal Government.

6 (3) The Council shall study and, not later than 12

7 months after the date of the enactment of this Act, submit

8 to the Congress a written report relating to—

9 (A) whether or not the functions of the Bureau

10 of the Census relating to decennial censuses of popu11 lation could be delineated from the other functions

12 of the Bureau; and

13 (B) if so, recommendations on how such a de14 lineation of functions might be achieved.

15 (4) The Council shall study and, not later than 12

16 months after the date of the enactment of this Act, submit

17 to the Congress a written report relating to—

18 (A) as appropriate, making the field offices of

19 the Bureau of the Census part of the field offices of

20 the Bureau of Labor Statistics; and

21 (B) any savings anticipated as a result of the

22 implementation of subparagraph (A).

23 (e) COMPENSATION.—Members of the Council under

24 subsection (b)(6) shall be entitled to receive the daily

25 equivalent of the rate of basic pay for level IV of the Exec-
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1 utive Schedule under section 5315 of title 5, United States

2 Code, for each day (including travel time) during which

3 they are engaged in the actual performance of duties vest4 ed in the Council.

5 (f) CHAIRMAN.—The Chairman of the Council shall

6 be elected by and from the members for a term of 1 year.

7 TITLE III—TRANSFERS OF

8 FUNCTIONS AND OFFICES

9 SEC. 301. TRANSFER OF THE BUREAU OF THE CENSUS.

10 There is transferred to the Service the Bureau of the

11 Census of the Department of Commerce, along with all

12 of its functions and offices.

13 SEC. 302. TRANSFER OF THE BUREAU OF ECONOMIC ANAL14 YSIS.

15 There is transferred to the Service the Bureau of

16 Economic Analysis of the Department of Commerce, along

17 with all of its functions and offices.

18 SEC. 303. TRANSFER OF THE BUREAU OF LABOR STATIS19 TICS.

20 There is transferred to the Service the Bureau of

21 Labor Statistics of the Department of Labor, along with

22 all of its functions and offices.
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1 SEC. 304. TRANSFER DATE.

2 The transfers of functions and offices under this title

3 shall be effective 180 days after the date of the enactment

4 of this Act.

5 TITLE IV—ADMINISTRATIVE

6 PROVISIONS

7 Subtitle A—Personnel Provisions

8 SEC. 401. OFFICERS AND EMPLOYEES.

9 (a) The Administrator may appoint and fix the com10 pensation of such officers and employees as may be nec11 essary to carry out the functions of the Administrator and

12 the Service. Except as otherwise provided by law, such of13 ficers and employees shall be appointed in accordance with

14 the civil service laws and their compensation shall be fixed

15 in accordance with title 5, United States Code.

16 SEC. 402. EXPERTS AND CONSULTANTS.

17 The Administrator may as provided in appropriation

18 Acts obtain the services of experts and consultants in ac19 cordance with section 3109 of title 5, United States Code,

20 and may compensate such experts and consultants at rates

21 not to exceed the daily rate prescribed for level IV of the

22 Executive Schedule under section 5315 of title 5, United

23 States Code.

24 SEC. 403. ACCEPTANCE OF VOLUNTARY SERVICES.

25 (a) IN GENERAL.—Notwithstanding section 1342 of

26 title 31, United States Code, the Administrator may ac-
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1 cept, subject to regulations issued by the Office of Person2 nel Management, voluntary services if such services—

3 (1) are to be uncompensated; and

4 (2) will not be used to displace any employee.

5 (b) TREATMENT.—Any individual who provides vol6 untary services under this section shall not be considered

7 a Federal employee for any purpose other than for pur8 poses of chapter 81 of title 5, United States Code (relating

9 to compensation for injury) and sections 2671 through

10 2680 of title 28, United States Code (relating to tort

11 claims).

12 Subtitle B—General Administrative

13 Provisions

14 SEC. 411. GENERAL AUTHORITY.

15 In carrying out any function transferred by this Act,

16 the Administrator, or any officer or employee of the Serv17 ice, may exercise any authority available by law with re18 spect to such function to the official or agency from which

19 such function is transferred, and the actions of the Admin20 istrator in exercising such authority shall have the same

21 force and effect as when exercised by such official or

22 agency.

23 SEC. 412. DELEGATION.

24 Except as otherwise provided in this Act, the Admin25 istrator may delegate any function to such officers and
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1 employees of the Service as the Administrator may des2 ignate, and may authorize such successive redelegations

3 of such functions within the Service as may be necessary

4 or appropriate. No delegation of functions by the Adminis5 trator under this section or under any other provision of

6 this Act shall relieve the Administrator of responsibility

7 for the administration of such functions.

8 SEC. 413. REORGANIZATION.

9 The Administrator is authorized to allocate or reallo10 cate functions among the officers of the Service, and to

11 establish, consolidate, alter, or abolish such offices or posi12 tions within the Service as may be necessary or appro13 priate.

14 SEC. 414. CONTRACTS.

15 (a) IN GENERAL.—Subject to the Federal Property

16 and Administrative Services Act of 1949 and other appli17 cable Federal law, the Administrator may make, enter

18 into, and perform such contracts, grants, leases, coopera19 tive agreements, and other similar transactions with Fed20 eral or other public agencies (including State and local

21 governments) and private organizations and persons, and

22 to make such payments, by way of advance or reimburse23 ment, as the Administrator may determine necessary or

24 appropriate to carry out functions of the Administrator

25 or the Service.
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1 (b) APPROPRIATION AUTHORITY REQUIRED.—No

2 authority to enter into contracts or to make payments

3 under this Act shall be effective except to such extent or

4 in such amounts as are provided in advance under appro5 priation Acts.

6 SEC. 415. REGULATIONS.

7 The Administrator may prescribe such rules and reg8 ulations as the Administrator considers necessary or ap9 propriate to administer and manage the functions of the

10 Administrator or the Service, in accordance with chapter

11 5 of title 5, United States Code.

12 SEC. 416. SEAL.

13 The Administrator shall cause a seal of office to be

14 made for the Service of such design as the Administrator

15 shall approve. Judicial notice shall be taken of such seal.

16 SEC. 417. ANNUAL REPORT.

17 The Administrator, in conjunction with the Council,

18 shall, as soon as practicable after the close of each fiscal

19 year, make a single, comprehensive report to the President

20 for transmission to the Congress on the activities of the

21 Service during such fiscal year.
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1 TITLE V—TRANSITIONAL, SAV2 INGS, AND CONFORMING

3 PROVISIONS

4 SEC. 501. TRANSFER AND ALLOCATION OF APPROPRIA5 TIONS AND PERSONNEL.

6 Except as otherwise provided in this Act, the person7 nel employed in connection with, and the assets, liabilities,

8 contracts, property, records, and unexpended balance of

9 appropriations, authorizations, allocations, and other

10 funds employed, held, used, arising from, available to, or

11 to be made available in connection with, the functions and

12 offices, or portions thereof, transferred by this Act, subject

13 to section 1531 of title 31, United States Code, shall be

14 transferred to the Administrator for appropriate alloca15 tion. Unexpended funds transferred pursuant to this sub16 section shall be used only for the purposes for which the

17 funds were originally authorized and appropriated.

18 SEC. 502. INCIDENTAL TRANSFERS.

19 (a) IN GENERAL.—The Director of the Office of

20 Management and Budget, in conjunction with the Admin21 istrator, shall make such determinations as may be nec22 essary with regard to the functions, offices, or portions

23 thereof transferred by this Act, and make such additional

24 incidental dispositions of personnel, assets, liabilities,

25 grants, contracts, property, records, and unexpended bal-
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1 ances of appropriations, authorizations, allocations, and

2 other funds held, used, arising from, available to, or to

3 be made available in connection with such functions, of4 fices, or portions thereof, as may be necessary to carry

5 out this Act. The Director shall provide for the termi6 nation of the affairs of all entities terminated by this Act

7 and, in conjunction with the Administrator, for such fur8 ther measures and dispositions as may be necessary to ef9 fectuate the purposes of this Act.

10 (b) ALLOCATION OF SES POSITIONS.—After con11 sultation with the Director of the Office of Personnel Man12 agement, the Director of the Office of Management and

13 Budget is authorized to make such determinations as may

14 be necessary with regard to the transfer of positions with15 in the Senior Executive Service in connection with func16 tions and offices transferred by this Act.

17 SEC. 503. SAVINGS PROVISIONS.

18 (a) CONTINUITY OF LEGAL FORCE AND EFFECT.—

19 All orders, determinations, rules, regulations, permits,

20 grants, contracts, certificates, licenses, privileges, and any

21 other similar action—

22 (1) which have been issued, made, granted, or

23 allowed to become effective by the President, by any

24 Federal department or agency or official thereof, or

25 by a court of competent jurisdiction, in the perform-
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1 ance of functions which are transferred under this

2 Act to the Administrator or the Service; and

3 (2) which are in effect at the time of such

4 transfer,

5 shall continue in effect according to their terms until

6 modified, terminated, superseded, set aside, or revoked by

7 the President, the Administrator, or the authorized offi8 cial, a court of competent jurisdiction, or by operation of

9 law.

10 (b) PENDING PROCEEDINGS.—(1) This Act shall not

11 affect any proceedings, including notices of proposed rule12 making, pending on the date of the transfer of functions

13 and offices under title III before any department, agency,

14 commission, or component thereof, functions of which are

15 transferred by this Act. Such proceedings, to the extent

16 that they relate to functions so transferred, shall be con17 tinued, except as provided in paragraph (3).

18 (2) Orders may be issued in such proceedings, ap19 peals may be taken therefrom, and payments may be made

20 pursuant to such orders, as if this Act had not been en21 acted. Orders issued in any such proceedings shall con22 tinue in effect until modified, terminated, superseded, or

23 revoked by the Administrator, by a court of competent ju24 risdiction, or by operation of law.
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1 (3) Nothing in this subsection shall be considered to

2 prohibit the discontinuance or modification of any such

3 proceeding under the same terms and conditions and to

4 the same extent that such proceeding could have been dis5 continued or modified if this Act had not been enacted.

6 (4) The Administrator may prescribe regulations pro7 viding for the orderly transfer of proceedings continued

8 under this subsection to the Service.

9 (c) NO EFFECT ON JUDICIAL PROCEEDINGS.—Ex10 cept as provided in subsection (e)—

11 (1) the transfer of functions and offices under

12 title III shall not affect suits commenced prior to the

13 date of such transfer; and

14 (2) in all such suits, proceedings shall be had,

15 appeals taken, and judgments rendered in the same

16 manner and effect as if this Act had not been en17 acted.

18 (d) NON-ABATEMENT OF PROCEEDINGS.—No suit,

19 action, or other proceeding commenced by or against any

20 officer in the official capacity of such individual as an offi21 cer of any department or agency, functions of which are

22 transferred by this Act, shall abate by reason of the enact23 ment of this Act. No cause of action by or against any

24 department or agency, functions of which are transferred

25 by this Act, or by or against any officer thereof in the
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1 official capacity of such officer shall abate by reason of

2 the enactment of this Act.

3 (e) CONTINUATION OF PROCEEDING WITH SUBSTI4 TUTION OF PARTIES.—If, before the date of the transfer

5 of functions and offices under title III, any department

6 or agency, or officer thereof in the official capacity of such

7 officer, is a party to a suit, and under this Act any func8 tion of such department, agency, or officer is transferred

9 to the Administrator or any other official of the Service,

10 then such suit shall be continued with the Administrator

11 or other appropriate official of the Service substituted or

12 added as a party.

13 (f) REVIEWABILITY OF ORDERS AND ACTIONS

14 UNDER TRANSFERRED FUNCTIONS.—Orders and actions

15 of the Administrator in the exercise of functions trans16 ferred under this Act shall be subject to judicial review

17 to the same extent and in the same manner as if such

18 orders and actions had been by the agency or office, or

19 part thereof, exercising such functions immediately pre20 ceding their transfer. Any statutory requirements relating

21 to notice, hearings, action upon the record, or administra22 tive review that apply to any function transferred by this

23 Act shall apply to the exercise of such function by the Ad24 ministrator.
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1 SEC. 504. REFERENCES.

2 With respect to any function transferred by this Act

3 and exercised on or after the date of such transfer, any

4 reference in any other Federal law to any department,

5 commission, or agency or any officer or office the func6 tions of which so transferred shall be deemed to refer to

7 the Administrator, other official, or component of the

8 Service to which this Act transfers such functions.

9 SEC. 505. PROPOSED CHANGES IN LAW.

10 Not later than 90 days after the date of the enact11 ment of this Act, the President shall submit to the Con12 gress a description of any changes in Federal law nec13 essary to reflect any transfers or other measures under

14 this Act.

15 SEC. 506. TRANSITION.

16 (a) USE OF FUNDS.—Funds available to any depart17 ment or agency (or any official or component thereof), the

18 functions or offices of which are transferred to the Admin19 istrator or the Service by this Act, may, with the approval

20 of the Director of the Office of Management and Budget,

21 be used to pay the compensation and expenses of any offi22 cer appointed pursuant to this Act and other transitional

23 and planning expenses associated with the establishment

24 of the Service or transfer of functions or offices thereto

25 until such time as funds for such purposes are otherwise

26 available.
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1 (b) USE OF PERSONNEL.—With the consent of the

2 appropriate department or agency head concerned, the Ad3 ministrator may utilize the services of such officers, em4 ployees, and other personnel of the departments and agen5 cies from which functions or offices have been transferred

6 to the Administrator or the Service, for such period of

7 time as may reasonably be needed to facilitate the orderly

8 implementation of this Act.

9 SEC. 507. INTERIM APPOINTMENTS.

10 (a) AUTHORITY TO APPOINT.—Notwithstanding any

11 other provision of law, in the event that one or more offi12 cers required by this Act to be appointed by and with the

13 advice and consent of the Senate shall not have entered

14 upon office on the date of the transfer of functions and

15 offices under title III, the President may designate an offi16 cer in the executive branch to act in such office for 120

17 days or until the office is filled as provided in this Act,

18 whichever occurs first.

19 (b) COMPENSATION.—Any officer acting in an office

20 in the Department pursuant to the provisions of sub21 section (a) shall receive compensation at the rate pre22 scribed for such office under this Act.

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