I

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.

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 ‘‘Department of Science, Space, Energy, and Technology

6 Organization Act of 1993’’.

7 (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.
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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.
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1 TITLE I—GENERAL PROVISIONS

2 SEC. 101. FINDINGS.

3 The Congress finds that—

4 (1) the advancement of science and technology

5 is a vital national goal which is essential for the con6 tinued economic well being of the United States;

7 (2) the creation of new scientific information

8 and technological development are generators of new

9 wealth and jobs;

10 (3) consolidation of the Federal agencies which

11 conduct and support science and technology activi12 ties will focus the resources of the Federal Govern13 ment and will lead to better coordination of the over14 all effort of those agencies to carry out the research

15 and development objectives of the United States;

16 (4) the elimination of duplication of functions

17 within the scientific and technical agencies of the

18 Federal Government will lead to cost savings for the

19 Government; and

20 (5) the creation of the Department of Science,

21 Space, Energy, and Technology will increase the dis22 semination of technology through the improved co23 ordination of technology transfer from the Federal

24 Government to the private sector.
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1 SEC. 102. DEFINITIONS.

2 As used in this Act, unless otherwise provided or indi3 cated by the context—

4 (1) the term ‘‘Department’’ means the Depart5 ment of Science, Space, Energy, and Technology;

6 (2) the term ‘‘Secretary’’ means the Secretary

7 of Science, Space, Energy, and Technology;

8 (3) the term ‘‘Deputy Secretary’’ means the

9 Deputy Secretary of Science, Space, Energy, and

10 Technology;

11 (4) the term ‘‘function’’ includes any duty, obli12 gation, power, authority, responsibility, right, privi13 lege, activity, or program; and

14 (5) the term ‘‘office’’ includes any office, insti15 tute, council, unit, or organizational entity, or any

16 component thereof.

17 TITLE II—ESTABLISHMENT OF

18 THE DEPARTMENT

19 SEC. 201. ESTABLISHMENT.

20 There is authorized an executive department to be

21 known as the Department of Science, Space, Energy, and

22 Technology. The Department shall be administered, in ac23 cordance with the provisions of this Act, under the super24 vision and direction of a Secretary of Science, Space, En25 ergy, and Technology. The Secretary shall be appointed

26 by the President, by and with the advice and consent of
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1 the Senate. The Secretary shall receive basic pay at the

2 rate payable for level I of the Executive Schedule under

3 section 5312 of title 5, United States Code.

4 SEC. 202. PRINCIPAL OFFICERS.

5 (a) DEPUTY SECRETARY.—(1) There shall be in the

6 Department a Deputy Secretary of Science, Space, En7 ergy, and Technology who shall be appointed by the Presi8 dent, by and with the advice and consent of the Senate.

9 During the absence or disability of the Secretary, or in

10 the event of a vacancy in the office of the Secretary, the

11 Deputy Secretary shall act as Secretary. The Secretary

12 shall designate the order in which other officials of the

13 Department shall act for and perform the functions of the

14 Secretary during the absence or disability of both the Sec15 retary and Deputy Secretary or in the event of vacancies

16 in both of those offices. The Deputy Secretary shall receive

17 basic pay at the rate payable for level II of the Executive

18 Schedule under section 5313 of title 5, United States

19 Code.

20 (2) The Deputy Secretary shall perform such other

21 duties and exercise such powers as the Secretary may from

22 time to time prescribe.

23 (b) UNDER SECRETARIES.—(1) There shall be in the

24 Department—
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1 (A) an Under Secretary of Research who shall,

2 on the transfer of functions and offices under title

3 III, serve as the Director of the National Science

4 Foundation;

5 (B) an Under Secretary of Technology who

6 shall, on the transfer of functions and offices under

7 title III, serve as the Administrator of the National

8 Institute of Standards and Technology, the National

9 Technical Information Service, and the National

10 Telecommunications and Information Administra11 tion;

12 (C) an Under Secretary of Energy who shall, on

13 the transfer of functions and offices under title III,

14 serve as the Administrator of the National Energy

15 Administration;

16 (D) an Under Secretary of Space who shall, on

17 the transfer of functions and offices under title III,

18 serve as the Administrator of the National Aero19 nautics and Space Administration; and

20 (E) an Under Secretary of Environment who

21 shall, on the transfer of functions and offices under

22 title III, serve as the Administrator of the Environ23 mental Protection Agency and the National Oceanic

24 and Atmospheric Administration.
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1 (2) Each of the Under Secretaries shall be appointed

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

3 the Senate. The Under Secretaries shall receive basic pay

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

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

6 (c) ASSISTANT SECRETARIES.—(1) There shall be as

7 many as 20 Assistant Secretaries in the Department.

8 Among the Assistant Secretaries shall be—

9 (A) an Assistant Secretary for Administration

10 who shall serve as the Chief Financial Officer of the

11 Department;

12 (B) an Assistant Secretary for Policy and

13 Budget;

14 (C) an Assistant Secretary for Congressional

15 and Intergovernmental Affairs;

16 (D) an Assistant Secretary for Technology

17 Transfer and Commercial Programs; and

18 (E) an Assistant Secretary for International

19 Programs.

20 (2) Each of the Assistant Secretaries shall be ap21 pointed by the President, by and with the advice and con22 sent of the Senate. The Assistant Secretaries shall receive

23 basic pay at the rate payable for level IV of the Executive

24 Schedule under section 5315 of title 5, United States

25 Code.
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1 (d) GENERAL COUNSEL.—There shall be in the De2 partment a General Counsel who shall administer the Of3 fice of General Counsel. The General Counsel shall be ap4 pointed by the President, by and with the advice and con5 sent of the Senate. The General Counsel shall receive basic

6 pay at the rate payable for level IV of the Executive

7 Schedule under section 5315 of title 5, United States

8 Code.

9 (e) INSPECTOR GENERAL.—There shall be in the De10 partment an Inspector General appointed in accordance

11 with the Inspector General Act of 1978. The Inspector

12 General shall receive basic pay at the rate payable for level

13 IV of the Executive Schedule under section 5315 of title

14 5, United States Code.

15 (f) ADDITIONAL OFFICERS.—In addition to the offi16 cers specified in subsections (a) through (e) and the 24

17 members of the Board of Directors of the National Science

18 Foundation, there shall be in the Department not more

19 than 10 additional officers who shall be appointed by the

20 President, by and with the advice and consent of the Sen21 ate. The officers appointed under this subsection shall per22 form such functions as the Secretary shall prescribe.

23 (g) SPECIFICATION OF FUNCTIONS.—Whenever the

24 President submits the name of an individual to the Senate

25 for confirmation as an officer of the Department under
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1 this section, the President shall state the particular func2 tions of the Department such individual will exercise upon

3 taking office, consistent with the requirements of this Act.

4 (h) LINE OF AUTHORITY; ADDITIONAL FUNC5 TIONS.—Each officer of the Department referred to in

6 subsections (a) through (f) shall report directly to the Sec7 retary and shall, in addition to any functions vested in

8 or required to be delegated to such officer, perform such

9 additional functions as the Secretary may prescribe.

10 TITLE III—TRANSFERS OF

11 FUNCTIONS AND OFFICES

12 SEC. 301. TRANSFER OF THE NATIONAL AERONAUTICS AND

13 SPACE ADMINISTRATION.

14 There is transferred to the Department the National

15 Aeronautics and Space Administration, along with all of

16 its functions and offices.

17 SEC. 302. TRANSFER OF THE NATIONAL INSTITUTE OF

18 STANDARDS AND TECHNOLOGY.

19 There is transferred to the Department the National

20 Institute of Standards and Technology, along with all of

21 its functions and offices.
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1 SEC. 303. TRANSFER OF THE NATIONAL SCIENCE FOUNDA2 TION.

3 There is transferred to the Department the National

4 Science Foundation, along with all of its functions and

5 offices.

6 SEC. 304. TRANSFER OF THE NATIONAL OCEANIC AND AT7 MOSPHERIC ADMINISTRATION.

8 There is transferred to the Department the National

9 Oceanic and Atmospheric Administration, along with all

10 of its functions and offices.

11 SEC. 305. TRANSFER OF THE ENVIRONMENTAL PROTEC12 TION AGENCY.

13 There is transferred to the Department the Environ14 mental Protection Agency, along with all of its functions

15 and offices.

16 SEC. 306. TRANSFER OF THE NATIONAL TECHNICAL INFOR17 MATION SERVICE.

18 There is transferred to the Department the National

19 Technical Information Service, along with all of its func20 tions and offices.

21 SEC. 307. TRANSFER OF THE DEPARTMENT OF ENERGY.

22 There is transferred to the Department the Depart23 ment of Energy, which shall be renamed the National En24 ergy Administration, along with all of its functions and

25 offices, except for the following facilities, which shall be

26 transferred to the Department of Defense:
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1 (1) The Feed Materials Production Center at

2 Fernald, Ohio.

3 (2) The Extrusion Plant at Ashtabula, Ohio.

4 (3) The Savannah River Plant, including the

5 Savannah River Weapons Facility, at Aiken, South

6 Carolina.

7 (4) The Hanford Production Operations at

8 Richland, Washington.

9 (5) The Nevada Test Site.

10 (6) The Kansas City Plant at Kansas City,

11 Missouri.

12 (7) The Rocky Flats Plant located between

13 Golden and Boulder, Colorado.

14 (8) The Pantex Plant located near Amarillo,

15 Texas.

16 (9) The Pinellas Plant at St. Petersburg, Flor17 ida.

18 (10) The Mound Facility at Miamisburg, Ohio.

19 (11) The Y–12 Plant at Oak Ridge, Tennessee.

20 SEC. 308. TRANSFER OF THE NATIONAL TELECOMMUNI21 CATIONS AND INFORMATION ADMINISTRA22 TION.

23 There is transferred to the Department the National

24 Telecommunications and Information Administration,

25 along with all of its functions and offices.
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1 SEC. 309. EFFECTIVE DATE.

2 This title shall take effect—

3 (1) 180 days after the first Secretary takes of4 fice under section 201; or

5 (2) on any date earlier than the date described

6 in paragraph (1), but later than September 30,

7 1994, that the President designates through publica8 tion in the Federal Register.

9 TITLE IV—ADMINISTRATIVE

10 PROVISIONS

11 Subtitle A—Personnel Provisions

12 SEC. 401. OFFICERS AND EMPLOYEES.

13 (a) GENERAL AUTHORITY.—The Secretary is author14 ized to appoint and fix the compensation of such officers

15 and employees as may be necessary to carry out the func16 tions of the Secretary and the Department. Except as oth17 erwise provided by law, such officers and employees shall

18 be appointed in accordance with the civil service laws and

19 their compensation fixed in accordance with title 5 of the

20 United States Code.

21 (b) TEMPORARY SUPER GRADE AND TECHNICAL PO22 SITIONS.—(1)(A) At the request of the Secretary, the Di23 rector of the Office of Personnel Management shall, under

24 section 5108 of title 5, United States Code, provide for

25 the establishment in each of the grade levels GS–16, GS–

26 17, and GS–18 of a number of positions in the Depart-
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1 ment equal to the number of positions in that grade level

2 which were used primarily for the performance of func3 tions and offices transferred under title III and which

4 were assigned and filled on the day before such transfer.

5 (B) Appointments to positions provided for under

6 this paragraph may be made without regard to the provi7 sions of section 3324 of title 5, United States Code, if

8 the individual appointed in such position is an individual

9 who is transferred in connection with the transfer of func10 tions and offices under title III and, on the day before

11 such transfer, holds a position and has duties comparable

12 to those of the position to which appointed hereunder.

13 (2) At the request of the Secretary, the Director of

14 the Office of Personnel Management shall, under section

15 3104 of title 5, United States Code, provide for the estab16 lishment in the Department of a number of scientific and

17 professional positions outside of the General Schedule

18 equal to the number of such positions which were used

19 primarily for the performance of functions and offices

20 transferred under title III and which were assigned and

21 filled on the day before such transfer.

22 (3) The authority under this subsection with respect

23 to any position shall terminate when the person first ap24 pointed to fill such position ceases to hold such position.
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1 (4) For purposes of section 414(a)(3)(A) of the Civil

2 Service Reform Act of 1978, an individual appointed

3 under this subsection shall be deemed to occupy the same

4 position as the individual occupied on the day before the

5 transfer of functions and offices under title III.

6 (c) TRANSITIONAL SENIOR EXECUTIVE SERVICE PO7 SITIONS.—Notwithstanding any other provision of law, the

8 Director of the Office of Personnel Management shall es9 tablish positions within the Senior Executive Service for

10 5 limited-term appointees. The Secretary shall appoint in11 dividuals to such positions as provided by section 3394

12 of title 5, United States Code. Such positions shall expire

13 on the later of 3 years after the date of the transfer of

14 functions and offices under title III or 3 years after the

15 initial appointment to each position. Positions in effect

16 under this subsection shall be taken into account in apply17 ing the limitation on positions prescribed under section

18 3134(e) and section 5108 of such title.

19 SEC. 402. EXPERTS AND CONSULTANTS.

20 The Secretary may as provided in appropriation Acts

21 obtain the services of experts and consultants in accord22 ance with the provisions of section 3109 of title 5, United

23 States Code, and may compensate such experts and con24 sultants at rates not to exceed the daily rate prescribed
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1 for GS–18 of the General Schedule under subchapter III

2 of chapter 53 of such title.

3 SEC. 403. PERSONNEL REDUCTION.

4 (a) FULL-TIME EMPLOYEE LIMITATIONS.—Not later

5 than the end of the first fiscal year beginning after the

6 date of the transfer of functions and offices under title

7 III, the number of full-time equivalent personnel positions

8 available for performing functions transferred to the Sec9 retary or the Department under such title shall be reduced

10 by 500.

11 (b) COMPUTATIONS.—Computations required to be

12 made for purposes of this section shall be made on the

13 basis of all personnel employed by the Department, includ14 ing experts and consultants employed under section 3109

15 of title 5, United States Code, and all other part-time and

16 full-time personnel employed to perform functions of the

17 Secretary or the Department, except personnel employed

18 under special programs for students and disadvantaged

19 youth (including temporary summer employment).

20 (c) REPORT TO CONGRESS.—The Director of the Of21 fice of Personnel Management shall, as soon as prac22 ticable, but not later than one year after the date of the

23 transfer of functions and offices under title III, prepare

24 and transmit to the Congress a report on the effects on
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1 employees of the reorganization under this Act, which

2 shall include—

3 (1) an identification of any position within the

4 Department or elsewhere in the executive branch,

5 which it considers unnecessary due to consolidation

6 of functions under this Act;

7 (2) a statement of the number of employees en8 titled to grade or pay retention under subchapter VI

9 of chapter 53 of title 5, United States Code, by rea10 son of the reorganization under this Act;

11 (3) a statement of the number of employees

12 who are voluntarily or involuntarily separated by

13 reason of such reorganization;

14 (4) an estimate of the personnel costs associ15 ated with such reorganization;

16 (5) the effects of such reorganization on labor

17 management relations; and

18 (6) such legislative and administrative rec19 ommendations for improvements in personnel man20 agement within the Department as the Director con21 siders necessary.
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1 Subtitle B—General Administrative

2 Provisions

3 SEC. 411. GENERAL AUTHORITY.

4 In carrying out any function transferred by this Act,

5 the Secretary, or any officer or employee of the Depart6 ment, may exercise any authority available by law with

7 respect to such function to the official or agency from

8 which such function is transferred, and the actions of the

9 Secretary in exercising such authority shall have the same

10 force and effect as when exercised by such official or agen11 cy.

12 SEC. 412. DELEGATION.

13 Except as otherwise provided in this Act, the Sec14 retary may delegate any function to such officers and em15 ployees of the Department as the Secretary may designate,

16 and may authorize such successive redelegations of such

17 functions within the Department as may be necessary or

18 appropriate. No delegation of functions by the Secretary

19 under this section or under any other provision of this Act

20 shall relieve the Secretary of responsibility for the admin21 istration of such functions.

22 SEC. 413. REORGANIZATION.

23 (a) AUTHORITY OF SECRETARY.—Except as provided

24 in subsection (b), the Secretary is authorized to allocate

25 or reallocate functions among the officers of the Depart-
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1 ment, and to establish, consolidate, alter, or abolish such

2 offices or positions within the Department as may be nec3 essary or appropriate.

4 (b) AUTHORITY WITH RESPECT TO STATUTORY EN5 TITIES.—The Secretary may not—

6 (1) abolish any office or position transferred to

7 the Department and established by statute, or any

8 function vested by statute in such an office or an of9 ficer of such an office;

10 (2) abolish any office or position established by

11 this Act; or

12 (3) alter the delegation of functions to any spe13 cific office or position required by this Act,

14 unless a period of 90 days has passed after the receipt

15 by the Committee on Commerce, Science, and Transpor16 tation of the Senate and the Committee on Science, Space,

17 and Technology of the House of Representatives of notice

18 given by the Secretary containing a full and complete

19 statement of the action proposed to be taken pursuant to

20 this subsection and the facts and circumstances relied

21 upon in support of such proposed action.

22 SEC. 414. REGULATIONS.

23 The Secretary is authorized to prescribe such rules

24 and regulations as the Secretary determines necessary or

25 appropriate to administer and manage the functions of the
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1 Secretary or the Department, in accordance with chapter

2 5 of title 5, United States Code.

3 SEC. 415. CONTRACTS.

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

5 and Administrative Services Act of 1949 and other appli6 cable Federal law, the Secretary is authorized to make,

7 enter into, and perform such contracts, grants, leases, co8 operative agreements, and other similar transactions with

9 Federal or other public agencies (including State and local

10 governments) and private organizations and persons, and

11 to make such payments, by way of advance or reimburse12 ment, as the Secretary may determine necessary or appro13 priate to carry out functions of the Secretary or the De14 partment.

15 (b) APPROPRIATION AUTHORITY REQUIRED.—No

16 authority to enter into contracts or to make payments

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

18 in such amounts as are provided in advance under appro19 priation Acts. This subsection shall not apply with respect

20 to the authority granted under section 420.

21 SEC. 416. REGIONAL AND FIELD OFFICES.

22 The Secretary is authorized to establish, alter, dis23 continue, or maintain such regional or other field offices

24 as the Secretary may find necessary or appropriate to per25 form functions of the Secretary or the Department.
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1 SEC. 417. ACQUISITION AND MAINTENANCE OF PROPERTY.

2 (a) AUTHORITY OF SECRETARY.—To the extent nec3 essary to carry out functions under this and any other

4 Act, the Secretary is authorized to provide appropriate fa5 cilities and services necessary for carrying out such func6 tions or necessary for the health and welfare of the De7 partment’s employees, including—

8 (1) to acquire (by purchase, lease, condemna9 tion, contract, or otherwise), construct, improve, re10 pair, operate, maintain, and provide transportation

11 to—

12 (A) schools and related facilities;

13 (B) laboratories;

14 (C) research and testing sites and facili15 ties;

16 (D) quarters and related accommodations,

17 including eating facilities, for employees and de18 pendents of employees of the Department; and

19 (E) personal property (including patents),

20 or any interest therein; and

21 (2) to provide reimbursement for food, clothing,

22 medicine, and other supplies furnished by such em23 ployees in emergencies for the temporary relief of

24 distressed persons.

25 (b) LIMITATION.—The authority granted by sub26 section (a) shall be available only with respect to facilities
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1 of a special purpose nature or at a remote location that

2 cannot readily be reassigned from similar Federal activi3 ties and are not otherwise available for assignment to the

4 Department by the Administrator of General Services.

5 SEC. 418. USE OF FACILITIES.

6 (a) AUTHORITY TO USE.—With their consent, the

7 Secretary may, with or without reimbursement, use the

8 research, equipment, services, and facilities of any agency

9 or instrumentality of the United States, of any State or

10 political subdivision thereof, or of any foreign government,

11 in carrying out any function of the Secretary or the De12 partment.

13 (b) AUTHORITY TO PERMIT USE.—The Secretary is

14 authorized to permit public and private agencies, corpora15 tions, associations, organizations, or individuals to use any

16 real property, or any facilities, structures, or other im17 provements thereon, under the custody and control of the

18 Secretary for Department purposes. The Secretary shall

19 permit the use of such property, facilities, structures, or

20 improvements under such terms and rates and for such

21 period as may be in the public interest, except that the

22 periods of such uses may not exceed 5 years. The Sec23 retary may require permittees under this section to recon24 dition and maintain, at their own expense, the real prop25 erty, facilities, structures, and improvements used by such
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1 permittees to a standard satisfactory to the Secretary.

2 This subsection shall not apply to excess property as de3 fined in section 3(e) of the Federal Property and Adminis4 trative Services Act of 1949.

5 (c) CREDITING OF REIMBURSEMENTS.—Proceeds

6 from reimbursements under this section shall be deposited

7 in a separate fund which shall be available to the Secretary

8 without appropriation or fiscal year limitation, for carry9 ing out the functions of the Secretary under this or any

10 other Act.

11 (d) INTERESTS IN REAL PROPERTY.—Any interest in

12 real property acquired pursuant to this Act shall be ac13 quired in the name of the United States Government.

14 SEC. 419. COPYRIGHTS AND PATENTS.

15 (a) ACQUISITION OF RIGHTS.—The Secretary is au16 thorized to acquire any of the following described rights

17 if the rights acquired thereby are for use by or for, or

18 useful to, the Department:

19 (1) Copyrights, patents, designs, processes, and

20 manufacturing data.

21 (2) Licenses in connection with copyrights and

22 patents.

23 (3) Releases for past infringement of patents or

24 copyrights.
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1 (b) DISPOSITION.—Notwithstanding subsection (a),

2 the disposition of all copyrights and patents and other in3 tellectual property owned or developed for the Department

4 shall be governed by chapter 18 of title 35, United States

5 Code (commonly referred to as the Bayh-Dole Act), sec6 tion 12 of the Stevenson-Wydler Technology Innovation

7 Act of 1980 (15 U.S.C. 3710(a)), the National Aero8 nautics and Space Act of 1958 (42 U.S.C. 2451 et seq.),

9 or the National Competitiveness Technology Transfer Act

10 of 1989, as appropriate.

11 SEC. 420. GIFTS AND BEQUESTS.

12 The Secretary is authorized to accept, hold, admin13 ister, and utilize gifts, bequests, and devises of property,

14 both real and personal, for the purpose of aiding or facili15 tating the work of the Department. Gifts, bequests, and

16 devises of money, and proceeds from sales of other prop17 erty received as gifts, bequests, or devises, shall be depos18 ited in the Treasury and shall be available for disburse19 ment upon the order of the Secretary.

20 SEC. 421. TECHNICAL ADVICE.

21 (a) AUTHORITY TO PROVIDE.—The Secretary is au22 thorized, upon request, to provide advice, counsel, and

23 technical assistance to applicants or potential applicants

24 for grants and contracts and other interested persons with
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1 respect to any functions of the Secretary or the Depart2 ment.

3 (b) CONSOLIDATION OF APPLICATIONS.—The Sec4 retary may permit the consolidation of applications for

5 grants or contracts with respect to two or more functions

6 of the Secretary or the Department, but such consolida7 tion shall not alter the statutory criteria for approval of

8 applications for funding with respect to such functions.

9 SEC. 422. WORKING CAPITAL FUND.

10 (a) ESTABLISHMENT AND USE.—The Secretary, with

11 the approval of the Director of the Office of Management

12 and Budget, is authorized to establish for the Department

13 a working capital fund (hereafter in this section referred

14 to as the ‘‘fund’’), to be available without fiscal year limi15 tation, for expenses necessary for the maintenance and op16 eration of an administrative services office to provide such

17 common administrative services as the Secretary shall find

18 to be desirable in the interests of economy and efficiency,

19 including such services as—

20 (1) a central supply service for stationery and

21 other supplies and equipment for which adequate

22 stocks may be maintained to meet in whole or in

23 part the requirements of the Department and its of24 fices;
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1 (2) central messenger, mail, telephone, and

2 other communications services;

3 (3) office space, and central services for docu4 ment reproduction, for graphics, and for visual aids;

5 and

6 (4) a central library service.

7 (b) OPERATION OF FUND.—The capital of the fund

8 shall consist of any appropriations made for the purpose

9 of providing working capital and the fair and reasonable

10 value of such stocks of supplies, equipment, and other as11 sets and inventories on order as the Secretary may trans12 fer to the administrative services office, less the related

13 liabilities and unpaid obligations. There shall be trans14 ferred to the administrative services office the stocks of

15 supplies, equipment, other assets, liabilities, and unpaid

16 obligations relating to the services which the Secretary de17 termines, with the approval of the Director of the Office

18 of Management and Budget, will be performed. Adminis19 trative supplies and services provided by such office shall

20 be paid for in advance from available funds of agencies

21 and offices in the Department, or from other sources, at

22 rates that will approximate the expense of operation. The

23 fund shall also be credited with receipts from sale or ex24 change of property and receipts in payment for loss or

25 damage to property.
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1 SEC. 423. FUNDS TRANSFER.

2 The Secretary may, when authorized in an appropria3 tion Act for any fiscal year, transfer funds from one ap4 propriation to another within the Department, except that

5 no appropriations for any fiscal year shall be either in6 creased or decreased pursuant to this section by more than

7 10 percent and no such transfer shall result in increasing

8 any such appropriation above the amount authorized to

9 be appropriated therefor.

10 SEC. 424. SEAL OF DEPARTMENT.

11 The Secretary shall cause a seal of office to be made

12 for the Department of such design as the Secretary shall

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

14 SEC. 425. ANNUAL REPORT.

15 (a) IN GENERAL.—The Secretary shall, as soon as

16 practicable after the close of each fiscal year, make a sin17 gle, comprehensive report to the President for trans18 mission to the Congress on the activities of the Depart19 ment during such fiscal year.

20 (b) CONTRACTING-OUT REPORT.—The report re21 quired by subsection (a) shall also include an estimate of

22 the extent of the non-Federal personnel employed pursu23 ant to contracts entered into by the Department under

24 section 415 or under any other authority (including any

25 subcontract thereunder), the number of such contracts

26 and subcontracts pursuant to which non-Federal person-
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1 nel are employed, and the total cost of those contracts and

2 subcontracts.

3 TITLE V—TRANSITIONAL, SAV4 INGS, AND CONFORMING

5 PROVISIONS

6 SEC. 501. TRANSFER AND ALLOCATION OF APPROPRIA7 TIONS AND PERSONNEL.

8 (a) TRANSFER TO SECRETARY.—Except as otherwise

9 provided in this Act, the personnel employed in connection

10 with, and the assets, liabilities, contracts, property,

11 records, and unexpended balance of appropriations, au12 thorizations, allocations, and other funds employed, held,

13 used, arising from, available to, or to be made available

14 in connection with, the functions and offices, or portions

15 thereof, transferred by this Act, subject to section 1531

16 of title 31, United States Code, shall be transferred to the

17 Secretary for appropriate allocation. Unexpended funds

18 transferred pursuant to this subsection shall be used only

19 for the purposes for which the funds were originally au20 thorized and appropriated.

21 (b) EFFECT OF TERMINATIONS.—Positions expressly

22 specified by statute or reorganization plan to carry out

23 functions or offices transferred by this Act, personnel oc24 cupying those positions on the date of such transfer, and

25 personnel authorized to receive compensation in such posi-
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1 tions at the rate prescribed for offices and positions at

2 level IV or V of the Executive Schedule under section 5315

3 or 5316 of title 5, United States Code, on the date of such

4 transfer, shall be subject to section 503 of this Act.

5 SEC. 502. EFFECT ON PERSONNEL.

6 (a) PRESERVATION OF GRADE AND COMPENSATION

7 FOR 1 YEAR.—Except as otherwise provided in this Act,

8 the transfer pursuant to this Act of full-time personnel

9 (except special Government employees) and part-time per10 sonnel holding permanent positions shall not cause any

11 such employee to be separated or reduced in grade or com12 pensation for 1 year after the date of transfer to the De13 partment.

14 (b) PRESERVATION OF COMPENSATION FOR EXECU15 TIVE SCHEDULE APPOINTEES.—Any person who, on the

16 day preceding the date of the transfer of functions and

17 offices under title III, held a position compensated in ac18 cordance with the Executive Schedule prescribed in chap19 ter 53 of title 5, United States Code, and who, without

20 a break in service, is appointed in the Department to a

21 position having duties comparable to the duties performed

22 immediately preceding such appointment shall continue to

23 be compensated in the new position at not less than the

24 rate provided for the previous position, for the duration

25 of the service of such person in the new position.
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1 SEC. 503. AGENCY TERMINATIONS.

2 (a) TERMINATIONS.—On the date of the transfer of

3 functions and offices under title III, the following entities

4 shall terminate:

5 (1) The Office of the Secretary of Energy.

6 (2) The Office of Deputy Secretary of Energy.

7 (3) The Office of the Under Secretary of Com8 merce for Technology.

9 (4) The Office of the Assistant Secretary of

10 Commerce for Technology Policy.

11 (5) The Office of Science and Technology Pol12 icy in the Executive Office of the President.

13 (b) TERMINATION OF EXECUTIVE SCHEDULE POSI14 TIONS.—Each position which was expressly authorized by

15 law, or the incumbent of which was authorized to receive

16 compensation at the rate prescribed for levels I through

17 V of the Executive Schedule under sections 5312 through

18 5315 of title 5, United States Code, in an office termi19 nated pursuant to this Act shall also terminate.

20 SEC. 504. INCIDENTAL TRANSFERS.

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

22 Management and Budget, in conjunction with the Sec23 retary, shall make such determinations as may be nec24 essary with regard to the functions, offices, or portions

25 thereof transferred by this Act, and make such additional

26 incidental dispositions of personnel, assets, liabilities,
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1 grants, contracts, property, records, and unexpended bal2 ances of appropriations, authorizations, allocations, and

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

4 be made available in connection with such functions, of5 fices, or portions thereof, as may be necessary to carry

6 out this Act. The Director shall provide for the termi7 nation of the affairs of all entities terminated by this Act

8 and, in conjunction with the Secretary, for such further

9 measures and dispositions as may be necessary to effec10 tuate the purposes of this Act.

11 (b) ALLOCATION OF SES POSITIONS.—After con12 sultation with the Director of the Office of Personnel Man13 agement, the Director of the Office of Management and

14 Budget is authorized to make such determinations as may

15 be necessary with regard to the transfer of positions with16 in the Senior Executive Service in connection with func17 tions and offices transferred by this Act.

18 SEC. 505. SAVINGS PROVISIONS.

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

20 All orders, determinations, rules, regulations, permits,

21 grants, contracts, certificates, licenses, and privileges—

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 Secretary or the Department; 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 Secretary, or the authorized official, a

8 court of competent jurisdiction, or by operation of law.

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

10 affect any proceedings, including notices of proposed rule11 making, or any application for any license, permit, certifi12 cate, or financial assistance pending on the date of the

13 transfer of functions and offices under title III before any

14 department, agency, commission, or component thereof,

15 functions of which are transferred by this Act. Such pro16 ceedings and applications, to the extent that they relate

17 to functions so transferred, shall be continued, except as

18 provided in paragraph (3).

19 (2) Orders may be issued in such proceedings, ap20 peals may be taken therefrom, and payments may be made

21 pursuant to such orders, as if this Act had not been en22 acted. Orders issued in any such proceedings shall con23 tinue in effect until modified, terminated, superseded, or

24 revoked by the Secretary, by a court of competent jurisdic25 tion, 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 Secretary is authorized to promulgate regula7 tions providing for the orderly transfer of proceedings con8 tinued under this subsection to the Department.

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 Secretary or any other official of the Department,

10 then such suit shall be continued with the Secretary or

11 other appropriate official of the Department substituted

12 or added as a party.

13 (f) REVIEWABILITY OF ORDERS AND ACTIONS

14 UNDER TRANSFERRED FUNCTIONS.—Orders and actions

15 of the Secretary in the exercise of functions transferred

16 under this Act shall be subject to judicial review to the

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

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

19 thereof, exercising such functions immediately preceding

20 their transfer. Any statutory requirements relating to no21 tice, hearings, action upon the record, or administrative

22 review that apply to any function transferred by this Act

23 shall apply to the exercise of such function by the Sec24 retary.
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1 SEC. 506. REFERENCE.

2 With respect to any function transferred by this Act

3 and exercised on or after the date of such transfer, ref4 erence in any other Federal law to any department, com5 mission, or agency or any officer or office the functions

6 of which so transferred shall be deemed to refer to the

7 Secretary, other official, or component of the Department

8 to which this Act transfers such functions.

9 SEC. 507. AMENDMENTS.

10 (a) DEPARTMENT OF ENERGY ORGANIZATION

11 ACT.—Sections 201 through 203 of the Department of

12 Energy Organization Act (42 U.S.C. 7131–7133) are re13 pealed.

14 (b) INSPECTOR GENERAL ACT OF 1978.—The In15 spector General Act of 1978 is amended—

16 (1) in section 8E(a)(2), by striking ‘‘the Na17 tional Science Foundation,’’;

18 (2) in section 8E(a)(4), by striking ‘‘, except

19 that with respect to the National Science Founda20 tion, such term means the National Science Board’’;

21 (3) in section 11(1)—

22 (A) by striking ‘‘Energy,’’;

23 (B) by inserting ‘‘Science, Space, Energy,

24 and Technology,’’ after ‘‘the Interior, Labor,’’;

25 (C) by striking ‘‘Environmental Protec26 tion,’’; and
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1 (D) by striking ‘‘National Aeronautics and

2 Space,’’; and

3 (4) in section 11(2)—

4 (A) by striking ‘‘Energy,’’;

5 (B) by inserting ‘‘Science, Space, Energy,

6 and Technology,’’ after ‘‘Justice, Labor,’’;

7 (C) by striking ‘‘the Environmental Protec8 tion Agency,’’; and

9 (D) by striking ‘‘the National Aeronautics

10 and Space Administration,’’.

11 (c) NATIONAL AERONAUTICS AND SPACE ACT OF

12 1958.—Section 207 of the National Aeronautics and

13 Space Act of 1958 (42 U.S.C. 2476a) is repealed.

14 SEC. 508. TRANSITION.

15 (a) USE OF FUNDS.—Funds available to any depart16 ment or agency (or any official or component thereof), the

17 functions or offices of which are transferred to the Sec18 retary or the Department by this Act, may, with the ap19 proval of the Director of the Office of Management and

20 Budget, be used to pay the compensation and expenses

21 of any officer appointed pursuant to this Act and other

22 transitional and planning expenses associated with the es23 tablishment of the Department or transfer of functions or

24 offices thereto until such time as funds for such purposes

25 are otherwise available.
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1 (b) USE OF PERSONNEL.—With the consent of the

2 appropriate department or agency head concerned, the

3 Secretary is authorized to utilize the services of such offi4 cers, employees, and other personnel of the departments

5 and agencies from which functions or offices have been

6 transferred to the Secretary or the Department, for such

7 period of time as may reasonably be needed to facilitate

8 the orderly implementation of this Act.

9 SEC. 509. 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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