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SEC. 438. REGULATIONS.
The Administrator may prescribe such rules and reg-
ulations as the Administrator considers necessary or ap-
propriate to administer and manage the functions of the
Administrator or the Service, in accordance with chapter
5 of title 5, United States Code.
SEC. 439. SEAL.
The Administrator shall cause a seal of office to be
made for the Service of such design as the Administrator
shall approve. Judicial notice shall be taken of such seal.
SEC. 440. ANNUAL REPORT.
The Administrator, in consultation with the Council,
shall, as soon as practicable after the close of each fiscal
year, make a single, comprehensive report to the President
for transmission to Congress on the activities of the Serv-
ice during such fiscal year.
Subtitle E—Miscellaneous
SEC. 441. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budg-
et, in consultation with the Administrator, shall make such
determinations as may be necessary with regard to the
functions, offices, or portions thereof transferred by this
title, and make such additional incidental dispositions of
personnel, assets, liabilities, grants, contracts, property,
records, and unexpended balances of appropriations, au-
thorizations, allocations, and other funds held, used, aris-
130
ing from, available to, or to be made available in connec-
tion with such functions, offices, or portions thereof, as
may be necessary to carry out this title. The Director shall
provide for the termination of the affairs of all entities
terminated by this title and, in consultation with the Ad-
ministrator, for such further measures and dispositions as
may be necessary to effectuate the purposes of this title.
SEC. 442. REFERENCES.
With respect to any function transferred by this title
and exercised on or after the date of such transfer, any
reference in any other Federal law to any department,
commission, or agency or any officer or office the func-
tions of which so transferred shall be deemed to refer to
the Administrator, other official, or component of the
Service to which this title transfers such functions.
SEC. 443. PROPOSED CHANGES IN LAW.
Not later than 90 days after the date of enactment
of this Act, the President shall submit to Congress a de-
scription of any changes in Federal law necessary to re-
flect any transfers or other measures under this title.
SEC. 444. TRANSITION.
(a) USE OF FUNDS.—Funds available to any depart-
ment or agency (or any official or component thereof), the
functions or offices of which are transferred to the Admin-
istrator or the Service by this title, may, with the approval
131
of the Director of the Office of Management and Budget,
be used to pay the compensation and expenses of any offi-
cer appointed pursuant to this title and other transitional
and planning expenses associated with the establishment
of the Service 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 Ad-
ministrator may utilize the services of such officers, em-
ployees, and other personnel of the departments and agen-
cies from which functions or offices have been transferred
to the Administrator or the Service, for such period of
time as may reasonably be needed to facilitate the orderly
implementation of this title.
SEC. 445. INTERIM APPOINTMENTS.
(a) AUTHORITY TO APPOINT.—Notwithstanding any
other provision of law, in the event that 1 or more officers
required by this title to be appointed by and with the ad-
vice and consent of the Senate shall not have entered upon
office on the date of the transfer of functions and offices
under section 203 or subtitle C, the President may des-
ignate an officer in the executive branch to act in such
office for 120 days or until the office is filled as provided
in this title, whichever occurs first.
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(b) COMPENSATION.—Any officer acting in an office
in the Department pursuant to the provisions of sub-
section (a) shall receive compensation at the rate pre-
scribed for such office under this title.
SEC. 446. CONFORMING AMENDMENTS.
(a) DIRECTOR, BUREAU OF LABOR STATISTICS.—
Section 5315 of title 5, United States Code, as amended
by this Act, is further amended by adding at the end the
following new item:
‘‘Director, Bureau of Labor Statistics.’’.
(b) GENERAL COUNSEL; INSPECTOR GENERAL.—
Section 5315 of title 5, United States Code, as amended
by subsection (a), is further amended by adding at the
end the following new items:
‘‘General Counsel, Bureau of Labor Statistics.
‘‘Inspector General, Bureau of Labor Statis-
tics.’’.
(c) BUREAU DIRECTORS.—Section 5315 of title 5,
United States Code, as amended by subsection (b), is fur-
ther amended—
(1) by striking ‘‘The Commissioner of Labor
Statistics, Department of Labor’’; and
(2) by inserting after the item relating to the
Director of the Census, the following new items:
133
‘‘Director of the Bureau of Labor Statistics,
Federal Statistical Service.
‘‘Director of the Bureau of Economic Analysis,
Federal Statistical Service.’’.
(d) DEPUTY ADMINISTRATOR.—Section 5314 of title
5, United States Code, is amended by adding at the end
the following new item:
‘‘Deputy Administrator, Federal Statistical
Service.’’.
(e) ADMINISTRATOR.—Section 5313 of title 5, United
States Code, is amended by adding at the end the follow-
ing new item:
‘‘Administrator, Federal Statistical Service.’’.
TITLE V—MISCELLANEOUS
PROVISIONS
SEC. 501. REFERENCES.
Any reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any
document of or pertaining to a department or office from
which a function is transferred by this Act—
(1) to the head of such department or office is
deemed to refer to the head of the department or of-
fice to which such function is transferred; or
134
(2) to such department or office is deemed to
refer to the department or office to which such func-
tion is transferred.
SEC. 502. EXERCISE OF AUTHORITIES.
Except as otherwise provided by law, a Federal offi-
cial to whom a function is transferred by this Act may,
for purposes of performing the function, exercise all au-
thorities under any other provision of law that were avail-
able with respect to the performance of that function to
the official responsible for the performance of the function
immediately before the effective date of the transfer of the
function under this Act.
SEC. 503. SAVINGS PROVISIONS.
(a) LEGAL DOCUMENTS.—All orders, determinations,
rules, regulations, permits, grants, loans, contracts, agree-
ments, certificates, licenses, and privileges—
(1) that have been issued, made, granted, or al-
lowed to become effective by the President, the Sec-
retary of Commerce, the United States Trade Rep-
resentative, any officer or employee of any office
transferred by this Act, or any other Government of-
ficial, or by a court of competent jurisdiction, in the
performance of any function that is transferred by
this Act; and
135
(2) that are in effect on the effective date of
such transfer (or become effective after such date
pursuant to their terms as in effect on such effective
date),
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, any other author-
ized official, a court of competent jurisdiction, or operation
of law.
(b) PROCEEDINGS.—This Act shall not affect any
proceedings or any application for any benefits, service,
license, permit, certificate, or financial assistance pending
on the date of enactment of this Act before an office trans-
ferred by this Act, but such proceedings and applications
shall be continued. Orders shall be issued in such proceed-
ings, appeals shall be taken therefrom, and payments shall
be made pursuant to such orders, as if this Act had not
been enacted, and orders issued in any such proceeding
shall continue in effect until modified, terminated, super-
seded, or revoked by a duly authorized official, by a court
of competent jurisdiction, or by operation of law. Nothing
in this subsection shall be considered to prohibit the dis-
continuance or modification of any such proceeding under
the same terms and conditions and to the same extent that
136
such proceeding could have been discontinued or modified
if this Act had not been enacted.
(c) SUITS.—This Act shall not affect suits com-
menced before the date of enactment of this Act, and in
all such suits, proceeding shall be had, appeals taken, and
judgments rendered in the same manner and with the
same effect as if this Act had not been enacted.
(d) NONABATEMENT OF ACTIONS.—No suit, action,
or other proceeding commenced by or against the Depart-
ment of Commerce or the Secretary of Commerce, or by
or against any individual in the official capacity of such
individual as an officer or employee of an office trans-
ferred by this Act, shall abate by reason of the enactment
of this Act.
(e) CONTINUANCE OF SUITS.—If any Government of-
ficer in the official capacity of such officer is party to a
suit with respect to a function of the officer, and under
this Act such function is transferred to any other officer
or office, then such suit shall be continued with the other
officer or the head of such other office, as applicable, sub-
stituted or added as a party.
(f) ADMINISTRATIVE PROCEDURE AND JUDICIAL RE-
VIEW.—Except as otherwise provided by this Act, any
statutory requirements relating to notice, hearings, action
upon the record, or administrative or judicial review that
137
apply to any function transferred by this Act shall apply
to the exercise of such function by the head of the Federal
agency, and other officers of the agency, to which such
function is transferred by this Act.
SEC. 504. TRANSFER OF ASSETS.
Except as otherwise provided in this Act, so much
of the personnel, property, records, and unexpended bal-
ances of appropriations, allocations, and other funds em-
ployed, used, held, available, or to be made available in
connection with a function transferred to an official or
agency by this Act shall be available to the official or the
head of that agency, respectively, at such time or times
as the Director of the Office of Management and Budget
directs for use in connection with the functions trans-
ferred.
SEC. 505. DELEGATION AND ASSIGNMENT.
Except as otherwise expressly prohibited by law or
otherwise provided in this Act, an official to whom func-
tions are transferred under this Act (including the head
of any office to which functions are transferred under this
Act) may delegate any of the functions so transferred to
such officers and employees of the office of the official as
the official may designate, and may authorize successive
redelegations of such functions as may be necessary or ap-
propriate. No delegation of functions under this section
138
or under any other provision of this Act shall relieve the
official to whom a function is transferred under this Act
of responsibility for the administration of the function.
SEC. 506. AUTHORITY OF DIRECTOR OF THE OFFICE OF
MANAGEMENT AND BUDGET WITH RESPECT
TO FUNCTIONS TRANSFERRED.
(a) DETERMINATIONS.—If necessary, the Director
shall make any determination of the functions that are
transferred under this Act.
(b) INCIDENTAL TRANSFERS.—The Director, at such
time or times as the Director shall provide, may make
such determinations as may be necessary with regard to
the functions transferred by this Act, and to make such
additional incidental dispositions of personnel, assets, li-
abilities, grants, contracts, property, records, and unex-
pended balances of appropriations, authorizations, alloca-
tions, and other funds held, used, arising from, available
to, or to be made available in connection with such func-
tions, as may be necessary to carry out the provisions of
this Act. The Director shall provide for the termination
of the affairs of all entities terminated by this Act and
for such further measures and dispositions as may be nec-
essary to effectuate the purposes of this Act.
139
SEC. 507. CERTAIN VESTING OF FUNCTIONS CONSIDERED
TRANSFERS.
For purposes of this Act, the vesting of a function
in a department or office pursuant to reestablishment of
an office shall be considered to be the transfer of the
function.
SEC. 508. AVAILABILITY OF EXISTING FUNDS.
Existing appropriations and funds available for the
performance of functions, programs, and activities termi-
nated pursuant to this Act shall remain available, for the
duration of their period of availability, for necessary ex-
penses in connection with the termination and resolution
of such functions, programs, and activities.
SEC. 509. DEFINITIONS.
For purposes of this Act—
(1) the term ‘‘function’’ includes any duty, obli-
gation, power, authority, responsibility, right, privi-
lege, activity, or program; and
(2) the term ‘office’ includes any office, admin-
istration, agency, bureau, institute, council, unit, or-
ganizational entity, or component thereof.
SEC. 510. CONFORMING AMENDMENTS.
Section 11 of the Inspector General Act of 1978 (5
U.S.C. App.) is amended—
(1) in paragraph (1), by striking ‘‘or the Com-
missioner of the Social Security Administration;’’
140
and inserting ‘‘the Commissioner of the Social Secu-
rity Administration; the Administrator of the Na-
tional Oceanic and Atmospheric Administration; or
the Administrator of the Federal Statistical Serv-
ice;’’; and
(2) in paragraph (2), by striking ‘‘or the Social
Security Administration’’ and inserting ‘‘the Na-
tional Oceanic and Atmospheric Administration, the
Federal Statistical Service, or the Social Security
Administration’’.
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