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pensation for one year after the date of transfer of such
employee under this Act.
(b) Any person who, on the day preceding the effec-
tive date of this Act, held a position compensated in ac-
cordance with the Executive Schedule prescribed in chap-
ter 53 of title 5, United States Code, and who, without
a break in service, is appointed in a Federal agency to
which functions are transferred by this Act to a position
having duties comparable to the duties performed imme-
diately preceding such appointment shall continue to be
compensated in such new position at not less than the rate
provided for such previous position, for the duration of
the service of such person in such new position.
(c) Except for members of the Foreign Service, posi-
tions whose incumbents are appointed by the President,
by and with the advice and consent of the Senate, the
functions of which are transferred by this Act, shall termi-
nate on the effective date of this Act.
SAVINGS PROVISIONS
SEC. 705. (a) All orders, determinations, rules, regu-
lations, permits, agreements, grants, contracts, certifi-
cates, licenses, registrations, privileges, and other adminis-
trative actions—
(1) which have been issued, made, granted, or
allowed to become effective by the President, any
Federal agency or official thereof, or by a court of
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competent jurisdiction, in the performance of func-
tions which are transferred under this Act, and
(2) which are in effect at the time this Act
takes effect, or were final before the effective date
of this Act and are to become effective on or after
the effective date of this Act,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the head of the Fed-
eral agency to which such functions are transferred under
this Act or other authorized official, a court of competent
jurisdiction, or by operation of law.
(b)(1) The provisions of this Act shall not affect any
proceedings, including notices of proposed rule making, or
any application for any license, permit, certificate, or fi-
nancial assistance pending on the effective date of this Act
before the Department of Commerce or the Office of the
United States Trade Representative, or any office thereof
with respect to functions transferred by this Act; but such
proceedings or applications, to the extent that they relate
to functions transferred, shall be continued. Orders shall
be issued in such proceedings, appeals shall be taken
therefrom, and payments shall be made under such orders,
as if this Act had not been enacted; and orders issued in
any such proceedings shall continue in effect until modi-
119
fied, terminated, superseded, or revoked by the head of
the Federal agency to which such functions are trans-
ferred by this Act, by a court of competent jurisdiction,
or by operation of law. Nothing in this subsection pro-
hibits the discontinuance or modification of any such pro-
ceeding under the same terms and conditions and to the
same extent that such proceeding could have been discon-
tinued or modified if this Act had not been enacted.
(2) The Secretary of Commerce, the United States
Trade Representative, and the head of each Federal agen-
cy to which functions are transferred by this Act are au-
thorized to issue regulations providing for the orderly
transfer of proceedings continued under paragraph (1).
(c) Except as provided in subsection (e)—
(1) the provisions of this Act do not affect ac-
tions commenced prior to the effective date of this
Act, and
(2) in all such actions, proceedings shall be had,
appeals taken, and judgments rendered in the same
manner and effect as if this Act had not been
enacted.
(d) No action or other proceeding commenced by or
against any officer in his official capacity as an officer
of the Department of Commerce or the Office of United
States Trade Representative with respect to functions
120
transferred by this Act shall abate by reason of the enact-
ment of this Act. No cause of action by or against the
Department of Commerce or the Office of United States
Trade Representative with respect to functions transferred
by this Act, or by or against any officer thereof in his
official capacity, shall abate by reason of the enactment
of this Act. Causes of action and actions with respect to
a function or office transferred by this Act, or other pro-
ceedings may be asserted by or against the United States
or an official of the Federal agency to which such function
or office is transferred by this Act, as may be appropriate,
and, in an action pending when this Act takes effect, the
court may at any time, on its own motion or that of any
party, enter an order which will give effect to the provi-
sions of this subsection.
(e) If, before the date on which this Act takes effect,
the Department of Commerce or the Office of the United
States Trade Representative, or any officer thereof in his
official capacity, is a party to an action, and under this
Act any function of such Department, Office, or officer
is transferred to a Federal agency, then such action shall
be continued with the head of such agency substituted or
added as a party.
(f) Orders and actions of the head of a Federal agen-
cy in the exercise of functions transferred to the head of
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such agency by 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 Department of Com-
merce or the Office of the United States Trade Represent-
ative, or any office or officer thereof, in the exercise of
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 ex-
ercise of such function by the head of the Federal agency
to which such function is transferred by this Act.
SEPARABILITY
SEC. 706. If a provision of this Act or its application
to any person or circumstance is held invalid, neither the
remainder of this Act nor the application of the provision
to other persons or circumstances shall be affected.
REFERENCE
SEC. 707. With respect to any functions transferred
by this Act and exercised after the effective date of this
Act, reference in any other Federal law to—
(1) the Secretary of Commerce or the United
States Trade Representative; or
(2) the Department of Commerce or the Office
of the United States Trade Representative or any of-
ficer or office thereof,
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shall be considered to refer to the head of the Federal
agency to whom such functions were transferred by this
Act.
TRANSITION
SEC. 708. With the consent of the Secretary of Com-
merce or the United States Trade Representative, as the
case may be, the head of each Federal agency to which
functions or offices are transferred by this Act is author-
ized to utilize—
(1) the services of such officers, employees, and
other personnel of the Department of Commerce or
the Office of the United States Trade Representa-
tive, as the case may be, with respect to functions
or offices transferred to that agency by this Act; and
(2) funds appropriated to such functions or of-
fices for such period of time as may reasonably be
needed to facilitate the orderly implementation of
this Act.
ADDITIONAL CONFORMING AMENDMENTS
SEC. 709. (a) After consultation with the appropriate
committees of the Congress and the Director of the Office
of Management and Budget, the head of each agency to
which functions were transferred under this Act shall pre-
pare and submit to the Congress recommended legislation
containing technical and conforming amendments to re-
flect the changes made by this Act.
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(b) No later than 6 months after the effective date
of this title, each such agency head shall submit the rec-
ommended legislation referred to under subsection (a).
TERMINATION OF THE DEPARTMENT OF COMMERCE
SEC. 710. The Department of Commerce is
terminated.
TITLE VIII—MISCELLANEOUS
EFFECTIVE DATE
SEC. 801. (a) This Act shall take effect 120 days
after the date of the enactment of this Act, except that—
(1) section 708 shall take effect on such date
of enactment; and
(2) at any time on or after the date of enact-
ment of this Act—
(A) the officers provided for in titles II,
III, IV, V, and VI of this Act may be nomi-
nated and appointed, as provided in such titles;
and
(B) the Secretary of Commerce, the United
States Trade Representative, and the head of
each Federal agency to which functions are
transferred by this Act may promulgate regula-
tions under section 705(b)(2).
(b) Funds available to the Department of Commerce
or the Office of the United States Trade Representative
(or any official or component thereof), with respect to the
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functions transferred by this Act, may be used, with ap-
proval of the Director of the Office of Management and
Budget, to pay the compensation and expenses of an offi-
cer appointed under subsection (a)(2)(A) who will carry
out such functions until funds for that purpose are other-
wise available.
INTERIM APPOINTMENTS
SEC. 802. (a) If one or more officers required by this
Act to be appointed by and with the advice and consent
of the Senate have not entered upon office on the effective
date of this Act and notwithstanding any other provision
of law, the President may designate any officer who was
appointed by and with the advice and consent of the Sen-
ate, and who was such an officer on the day before the
effective date of this Act, to act in the office until it is
filled as provided by this Act.
(b) Any officer acting in an office pursuant to sub-
section (a) shall receive compensation at the rate pre-
scribed by this Act for such office.
PERSONNEL AND FUNDING REDUCTIONS RESULTING
FROM REORGANIZATION
SEC. 803. No later than 180 days after the date of
the enactment of this Act, the Office of Management and
Budget shall conduct a study and submit a report to the
President and the Congress on personnel and funding re-
ductions which should be implemented consistent with the
125
provisions of this Act to reduce duplicative or unnecessary
functions. In preparing the report, the Office of Manage-
ment and Budget shall consult with the Secretary of
Trade and the head of each Federal agency affected by
the provisions of this Act and develop a plan for the imple-
mentation of such reductions beginning 1 year after the
effective date of this Act.
AUTHORIZATION OF APPROPRIATIONS
SEC. 804. There are authorized to be appropriated
such sums as may be necessary to carry out the provisions
of this Act. Amounts appropriated under this section shall
be available until expended.
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