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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Department of Science, Space, Energy, and Technology
Organization Act of 1993’’.
(b) TABLE OF CONTENTS.—
TITLE I—GENERAL PROVISIONS
Sec. 101. Findings.
Sec. 102. Definitions.
TITLE II—ESTABLISHMENT OF THE DEPARTMENT
Sec. 201. Establishment.
Sec. 202. Principal officers.
TITLE III—TRANSFERS OF AGENCIES AND FUNCTIONS
Sec. 301. Transfer of the National Aeronautics and Space Administration.
Sec. 302. Transfer of the National Institute of Standards and Technology.
Sec. 303. Transfer of the National Science Foundation.
Sec. 304. Transfer of the National Oceanic and Atmospheric Administration.
Sec. 305. Transfer of the Environmental Protection Agency.
Sec. 306. Transfer of the National Technical Information Service.
Sec. 307. Transfer of the Department of Energy.
Sec. 308. Transfer of the National Telecommunications and Information Ad-
ministration.
Sec. 309. Effective date.
TITLE IV—ADMINISTRATIVE PROVISIONS
Subtitle A—Personnel Provisions
Sec. 401. Officers and employees.
Sec. 402. Experts and consultants.
Sec. 403. Personnel reduction.
Subtitle B—General Administrative Provisions
Sec. 411. General authority.
Sec. 412. Delegation.
Sec. 413. Reorganization.
Sec. 414. Regulations.
Sec. 415. Contracts.
Sec. 416. Regional and field offices.
Sec. 417. Acquisition and maintenance of property.
Sec. 418. Use of facilities.
Sec. 419. Copyrights and patents.
Sec. 420. Gifts and bequests.
Sec. 421. Technical advice.
Sec. 422. Working capital fund.
Sec. 423. Funds transfer.
Sec. 424. Seal of department.
Sec. 425. Annual report.
TITLE V—TRANSITIONAL, SAVINGS, AND CONFORMING
PROVISIONS
Sec. 501. Transfer and allocation of appropriations and personnel.
Sec. 502. Effect on personnel.
Sec. 503. Agency terminations.
Sec. 504. Incidental transfers.
Sec. 505. Savings provisions.
Sec. 506. Reference.
Sec. 507. Amendments.
Sec. 508. Transition.
Sec. 509. Interim appointments.
TITLE I—GENERAL PROVISIONS
SEC. 101. FINDINGS.
The Congress finds that—
(1) the advancement of science and technology
is a vital national goal which is essential for the con-
tinued economic well being of the United States;
(2) the creation of new scientific information
and technological development are generators of new
wealth and jobs;
(3) consolidation of the Federal agencies which
conduct and support science and technology activi-
ties will focus the resources of the Federal Govern-
ment and will lead to better coordination of the over-
all effort of those agencies to carry out the research
and development objectives of the United States;
(4) the elimination of duplication of functions
within the scientific and technical agencies of the
Federal Government will lead to cost savings for the
Government; and
(5) the creation of the Department of Science,
Space, Energy, and Technology will increase the dis-
semination of technology through the improved co-
ordination of technology transfer from the Federal
Government to the private sector.
SEC. 102. DEFINITIONS.
As used in this Act, unless otherwise provided or indi-
cated by the context—
(1) the term ‘‘Department’’ means the Depart-
ment of Science, Space, Energy, and Technology;
(2) the term ‘‘Secretary’’ means the Secretary
of Science, Space, Energy, and Technology;
(3) the term ‘‘Deputy Secretary’’ means the
Deputy Secretary of Science, Space, Energy, and
Technology;
(4) the term ‘‘function’’ includes any duty, obli-
gation, power, authority, responsibility, right, privi-
lege, activity, or program; and
(5) the term ‘‘office’’ includes any office, insti-
tute, council, unit, or organizational entity, or any
component thereof.
TITLE II—ESTABLISHMENT OF
THE DEPARTMENT
SEC. 201. ESTABLISHMENT.
There is authorized an executive department to be
known as the Department of Science, Space, Energy, and
Technology. The Department shall be administered, in ac-
cordance with the provisions of this Act, under the super-
vision and direction of a Secretary of Science, Space, En-
ergy, and Technology. The Secretary shall be appointed
by the President, by and with the advice and consent of
the Senate. The Secretary shall receive basic pay at the
rate payable for level I of the Executive Schedule under
section 5312 of title 5, United States Code.
SEC. 202. PRINCIPAL OFFICERS.
(a) DEPUTY SECRETARY.—(1) There shall be in the
Department a Deputy Secretary of Science, Space, En-
ergy, and Technology who shall be appointed by the Presi-
dent, by and with the advice and consent of the Senate.
During the absence or disability of the Secretary, or in
the event of a vacancy in the office of the Secretary, the
Deputy Secretary shall act as Secretary. The Secretary
shall designate the order in which other officials of the
Department shall act for and perform the functions of the
Secretary during the absence or disability of both the Sec-
retary and Deputy Secretary or in the event of vacancies
in both of those offices. The Deputy Secretary shall receive
basic pay at the rate payable for level II of the Executive
Schedule under section 5313 of title 5, United States
Code.
(2) The Deputy Secretary shall perform such other
duties and exercise such powers as the Secretary may from
time to time prescribe.
(b) UNDER SECRETARIES.—(1) There shall be in the
Department—
(A) an Under Secretary of Research who shall,
on the transfer of functions and offices under title
III, serve as the Director of the National Science
Foundation;
(B) an Under Secretary of Technology who
shall, on the transfer of functions and offices under
title III, serve as the Administrator of the National
Institute of Standards and Technology, the National
Technical Information Service, and the National
Telecommunications and Information Administra-
tion;
(C) an Under Secretary of Energy who shall, on
the transfer of functions and offices under title III,
serve as the Administrator of the National Energy
Administration;
(D) an Under Secretary of Space who shall, on
the transfer of functions and offices under title III,
serve as the Administrator of the National Aero-
nautics and Space Administration; and
(E) an Under Secretary of Environment who
shall, on the transfer of functions and offices under
title III, serve as the Administrator of the Environ-
mental Protection Agency and the National Oceanic
and Atmospheric Administration.
(2) Each of the Under Secretaries shall be appointed
by the President, by and with the advice and consent of
the Senate. The Under Secretaries shall receive basic pay
at the rate payable for level III of the Executive Schedule
under section 5314 of title 5, United States Code.
(c) ASSISTANT SECRETARIES.—(1) There shall be as
many as 20 Assistant Secretaries in the Department.
Among the Assistant Secretaries shall be—
(A) an Assistant Secretary for Administration
who shall serve as the Chief Financial Officer of the
Department;
(B) an Assistant Secretary for Policy and
Budget;
(C) an Assistant Secretary for Congressional
and Intergovernmental Affairs;
(D) an Assistant Secretary for Technology
Transfer and Commercial Programs; and
(E) an Assistant Secretary for International
Programs.
(2) Each of the Assistant Secretaries shall be ap-
pointed by the President, by and with the advice and con-
sent of the Senate. The Assistant Secretaries shall receive
basic pay at the rate payable for level IV of the Executive
Schedule under section 5315 of title 5, United States
Code.
(d) GENERAL COUNSEL.—There shall be in the De-
partment a General Counsel who shall administer the Of-
fice of General Counsel. The General Counsel shall be ap-
pointed by the President, by and with the advice and con-
sent of the Senate. The General Counsel shall receive basic
pay at the rate payable for level IV of the Executive
Schedule under section 5315 of title 5, United States
Code.
(e) INSPECTOR GENERAL.—There shall be in the De-
partment an Inspector General appointed in accordance
with the Inspector General Act of 1978. The Inspector
General shall receive basic pay at the rate payable for level
IV of the Executive Schedule under section 5315 of title
5, United States Code.
(f) ADDITIONAL OFFICERS.—In addition to the offi-
cers specified in subsections (a) through (e) and the 24
members of the Board of Directors of the National Science
Foundation, there shall be in the Department not more
than 10 additional officers who shall be appointed by the
President, by and with the advice and consent of the Sen-
ate. The officers appointed under this subsection shall per-
form such functions as the Secretary shall prescribe.
(g) SPECIFICATION OF FUNCTIONS.—Whenever the
President submits the name of an individual to the Senate
for confirmation as an officer of the Department under
this section, the President shall state the particular func-
tions of the Department such individual will exercise upon
taking office, consistent with the requirements of this Act.
(h) LINE
OF
AUTHORITY; ADDITIONAL
FUNC-
TIONS.—Each officer of the Department referred to in
subsections (a) through (f) shall report directly to the Sec-
retary and shall, in addition to any functions vested in
or required to be delegated to such officer, perform such
additional functions as the Secretary may prescribe.
TITLE III—TRANSFERS OF
FUNCTIONS AND OFFICES
SEC. 301. TRANSFER OF THE NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION.
There is transferred to the Department the National
Aeronautics and Space Administration, along with all of
its functions and offices.
SEC. 302. TRANSFER OF THE NATIONAL INSTITUTE OF
STANDARDS AND TECHNOLOGY.
There is transferred to the Department the National
Institute of Standards and Technology, along with all of
its functions and offices.
SEC. 303. TRANSFER OF THE NATIONAL SCIENCE FOUNDA-
TION.
There is transferred to the Department the National
Science Foundation, along with all of its functions and
offices.
SEC. 304. TRANSFER OF THE NATIONAL OCEANIC AND AT-
MOSPHERIC ADMINISTRATION.
There is transferred to the Department the National
Oceanic and Atmospheric Administration, along with all
of its functions and offices.
SEC. 305. TRANSFER OF THE ENVIRONMENTAL PROTEC-
TION AGENCY.
There is transferred to the Department the Environ-
mental Protection Agency, along with all of its functions
and offices.
SEC. 306. TRANSFER OF THE NATIONAL TECHNICAL INFOR-
MATION SERVICE.
There is transferred to the Department the National
Technical Information Service, along with all of its func-
tions and offices.
SEC. 307. TRANSFER OF THE DEPARTMENT OF ENERGY.
There is transferred to the Department the Depart-
ment of Energy, which shall be renamed the National En-
ergy Administration, along with all of its functions and
offices, except for the following facilities, which shall be
transferred to the Department of Defense:
(1) The Feed Materials Production Center at
Fernald, Ohio.
(2) The Extrusion Plant at Ashtabula, Ohio.
(3) The Savannah River Plant, including the
Savannah River Weapons Facility, at Aiken, South
Carolina.
(4) The Hanford Production Operations at
Richland, Washington.
(5) The Nevada Test Site.
(6) The Kansas City Plant at Kansas City,
Missouri.
(7) The Rocky Flats Plant located between
Golden and Boulder, Colorado.
(8) The Pantex Plant located near Amarillo,
Texas.
(9) The Pinellas Plant at St. Petersburg, Flor-
ida.
(10) The Mound Facility at Miamisburg, Ohio.
(11) The Y–12 Plant at Oak Ridge, Tennessee.
SEC. 308. TRANSFER OF THE NATIONAL TELECOMMUNI-
CATIONS AND INFORMATION ADMINISTRA-
TION.
There is transferred to the Department the National
Telecommunications and Information Administration,
along with all of its functions and offices.
SEC. 309. EFFECTIVE DATE.
This title shall take effect—
(1) 180 days after the first Secretary takes of-
fice under section 201; or
(2) on any date earlier than the date described
in paragraph (1), but later than September 30,
1994, that the President designates through publica-
tion in the Federal Register.
TITLE IV—ADMINISTRATIVE
PROVISIONS
Subtitle A—Personnel Provisions
SEC. 401. OFFICERS AND EMPLOYEES.
(a) GENERAL AUTHORITY.—The Secretary is author-
ized to appoint and fix the compensation of such officers
and employees as may be necessary to carry out the func-
tions of the Secretary and the Department. Except as oth-
erwise provided by law, such officers and employees shall
be appointed in accordance with the civil service laws and
their compensation fixed in accordance with title 5 of the
United States Code.
(b) TEMPORARY SUPER GRADE AND TECHNICAL PO-
SITIONS.—(1)(A) At the request of the Secretary, the Di-
rector of the Office of Personnel Management shall, under
section 5108 of title 5, United States Code, provide for
the establishment in each of the grade levels GS–16, GS–
17, and GS–18 of a number of positions in the Depart-
ment equal to the number of positions in that grade level
which were used primarily for the performance of func-
tions and offices transferred under title III and which
were assigned and filled on the day before such transfer.
(B) Appointments to positions provided for under
this paragraph may be made without regard to the provi-
sions of section 3324 of title 5, United States Code, if
the individual appointed in such position is an individual
who is transferred in connection with the transfer of func-
tions and offices under title III and, on the day before
such transfer, holds a position and has duties comparable
to those of the position to which appointed hereunder.
(2) At the request of the Secretary, the Director of
the Office of Personnel Management shall, under section
3104 of title 5, United States Code, provide for the estab-
lishment in the Department of a number of scientific and
professional positions outside of the General Schedule
equal to the number of such positions which were used
primarily for the performance of functions and offices
transferred under title III and which were assigned and
filled on the day before such transfer.
(3) The authority under this subsection with respect
to any position shall terminate when the person first ap-
pointed to fill such position ceases to hold such position.
(4) For purposes of section 414(a)(3)(A) of the Civil
Service Reform Act of 1978, an individual appointed
under this subsection shall be deemed to occupy the same
position as the individual occupied on the day before the
transfer of functions and offices under title III.
(c) TRANSITIONAL SENIOR EXECUTIVE SERVICE PO-
SITIONS.—Notwithstanding any other provision of law, the
Director of the Office of Personnel Management shall es-
tablish positions within the Senior Executive Service for
5 limited-term appointees. The Secretary shall appoint in-
dividuals to such positions as provided by section 3394
of title 5, United States Code. Such positions shall expire
on the later of 3 years after the date of the transfer of
functions and offices under title III or 3 years after the
initial appointment to each position. Positions in effect
under this subsection shall be taken into account in apply-
ing the limitation on positions prescribed under section
3134(e) and section 5108 of such title.
SEC. 402. EXPERTS AND CONSULTANTS.
The Secretary may as provided in appropriation Acts
obtain the services of experts and consultants in accord-
ance with the provisions of section 3109 of title 5, United
States Code, and may compensate such experts and con-
sultants at rates not to exceed the daily rate prescribed
for GS–18 of the General Schedule under subchapter III
of chapter 53 of such title.
SEC. 403. PERSONNEL REDUCTION.
(a) FULL-TIME EMPLOYEE LIMITATIONS.—Not later
than the end of the first fiscal year beginning after the
date of the transfer of functions and offices under title
III, the number of full-time equivalent personnel positions
available for performing functions transferred to the Sec-
retary or the Department under such title shall be reduced
by 500.
(b) COMPUTATIONS.—Computations required to be
made for purposes of this section shall be made on the
basis of all personnel employed by the Department, includ-
ing experts and consultants employed under section 3109
of title 5, United States Code, and all other part-time and
full-time personnel employed to perform functions of the
Secretary or the Department, except personnel employed
under special programs for students and disadvantaged
youth (including temporary summer employment).
(c) REPORT TO CONGRESS.—The Director of the Of-
fice of Personnel Management shall, as soon as prac-
ticable, but not later than one year after the date of the
transfer of functions and offices under title III, prepare
and transmit to the Congress a report on the effects on
employees of the reorganization under this Act, which
shall include—
(1) an identification of any position within the
Department or elsewhere in the executive branch,
which it considers unnecessary due to consolidation
of functions under this Act;
(2) a statement of the number of employees en-
titled to grade or pay retention under subchapter VI
of chapter 53 of title 5, United States Code, by rea-
son of the reorganization under this Act;
(3) a statement of the number of employees
who are voluntarily or involuntarily separated by
reason of such reorganization;
(4) an estimate of the personnel costs associ-
ated with such reorganization;
(5) the effects of such reorganization on labor
management relations; and
(6) such legislative and administrative rec-
ommendations for improvements in personnel man-
agement within the Department as the Director con-
siders necessary.
ment, and to establish, consolidate, alter, or abolish such
offices or positions within the Department as may be nec-
essary or appropriate.
(b) AUTHORITY WITH RESPECT TO STATUTORY EN-
TITIES.—The Secretary may not—
(1) abolish any office or position transferred to
the Department and established by statute, or any
function vested by statute in such an office or an of-
ficer of such an office;
(2) abolish any office or position established by
this Act; or
(3) alter the delegation of functions to any spe-
cific office or position required by this Act,
unless a period of 90 days has passed after the receipt
by the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Science, Space,
and Technology of the House of Representatives of notice
given by the Secretary containing a full and complete
statement of the action proposed to be taken pursuant to
this subsection and the facts and circumstances relied
upon in support of such proposed action.
SEC. 414. REGULATIONS.
The Secretary is authorized to prescribe such rules
and regulations as the Secretary determines necessary or
appropriate to administer and manage the functions of the
Secretary or the Department, in accordance with chapter
5 of title 5, United States Code.
SEC. 415. CONTRACTS.
(a) IN GENERAL.—Subject to the Federal Property
and Administrative Services Act of 1949 and other appli-
cable Federal law, the Secretary is authorized to make,
enter into, and perform such contracts, grants, leases, co-
operative agreements, and other similar transactions with
Federal or other public agencies (including State and local
governments) and private organizations and persons, and
to make such payments, by way of advance or reimburse-
ment, as the Secretary may determine necessary or appro-
priate to carry out functions of the Secretary or the De-
partment.
(b) APPROPRIATION AUTHORITY REQUIRED.—No
authority to enter into contracts or to make payments
under this Act shall be effective except to such extent or
in such amounts as are provided in advance under appro-
priation Acts. This subsection shall not apply with respect
to the authority granted under section 420.
SEC. 416. REGIONAL AND FIELD OFFICES.
The Secretary is authorized to establish, alter, dis-
continue, or maintain such regional or other field offices
as the Secretary may find necessary or appropriate to per-
form functions of the Secretary or the Department.
SEC. 417. ACQUISITION AND MAINTENANCE OF PROPERTY.
(a) AUTHORITY OF SECRETARY.—To the extent nec-
essary to carry out functions under this and any other
Act, the Secretary is authorized to provide appropriate fa-
cilities and services necessary for carrying out such func-
tions or necessary for the health and welfare of the De-
partment’s employees, including—
(1) to acquire (by purchase, lease, condemna-
tion, contract, or otherwise), construct, improve, re-
pair, operate, maintain, and provide transportation
to—
(A) schools and related facilities;
(B) laboratories;
(C) research and testing sites and facili-
ties;
(D) quarters and related accommodations,
including eating facilities, for employees and de-
pendents of employees of the Department; and
(E) personal property (including patents),
or any interest therein; and
(2) to provide reimbursement for food, clothing,
medicine, and other supplies furnished by such em-
ployees in emergencies for the temporary relief of
distressed persons.
(b) LIMITATION.—The authority granted by sub-
section (a) shall be available only with respect to facilities
of a special purpose nature or at a remote location that
cannot readily be reassigned from similar Federal activi-
ties and are not otherwise available for assignment to the
Department by the Administrator of General Services.
SEC. 418. USE OF FACILITIES.
(a) AUTHORITY TO USE.—With their consent, the
Secretary may, with or without reimbursement, use the
research, equipment, services, and facilities of any agency
or instrumentality of the United States, of any State or
political subdivision thereof, or of any foreign government,
in carrying out any function of the Secretary or the De-
partment.
(b) AUTHORITY TO PERMIT USE.—The Secretary is
authorized to permit public and private agencies, corpora-
tions, associations, organizations, or individuals to use any
real property, or any facilities, structures, or other im-
provements thereon, under the custody and control of the
Secretary for Department purposes. The Secretary shall
permit the use of such property, facilities, structures, or
improvements under such terms and rates and for such
period as may be in the public interest, except that the
periods of such uses may not exceed 5 years. The Sec-
retary may require permittees under this section to recon-
dition and maintain, at their own expense, the real prop-
erty, facilities, structures, and improvements used by such
permittees to a standard satisfactory to the Secretary.
This subsection shall not apply to excess property as de-
fined in section 3(e) of the Federal Property and Adminis-
trative Services Act of 1949.
(c) CREDITING
OF
REIMBURSEMENTS.—Proceeds
from reimbursements under this section shall be deposited
in a separate fund which shall be available to the Secretary
without appropriation or fiscal year limitation, for carry-
ing out the functions of the Secretary under this or any
other Act.
(d) INTERESTS IN REAL PROPERTY.—Any interest in
real property acquired pursuant to this Act shall be ac-
quired in the name of the United States Government.
SEC. 419. COPYRIGHTS AND PATENTS.
(a) ACQUISITION OF RIGHTS.—The Secretary is au-
thorized to acquire any of the following described rights
if the rights acquired thereby are for use by or for, or
useful to, the Department:
(1) Copyrights, patents, designs, processes, and
manufacturing data.
(2) Licenses in connection with copyrights and
patents.
(3) Releases for past infringement of patents or
copyrights.
(b) DISPOSITION.—Notwithstanding subsection (a),
the disposition of all copyrights and patents and other in-
tellectual property owned or developed for the Department
shall be governed by chapter 18 of title 35, United States
Code (commonly referred to as the Bayh-Dole Act), sec-
tion 12 of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3710(a)), the National Aero-
nautics and Space Act of 1958 (42 U.S.C. 2451 et seq.),
or the National Competitiveness Technology Transfer Act
of 1989, as appropriate.
SEC. 420. GIFTS AND BEQUESTS.
The Secretary is authorized to accept, hold, admin-
ister, and utilize gifts, bequests, and devises of property,
both real and personal, for the purpose of aiding or facili-
tating the work of the Department. Gifts, bequests, and
devises of money, and proceeds from sales of other prop-
erty received as gifts, bequests, or devises, shall be depos-
ited in the Treasury and shall be available for disburse-
ment upon the order of the Secretary.
SEC. 421. TECHNICAL ADVICE.
(a) AUTHORITY TO PROVIDE.—The Secretary is au-
thorized, upon request, to provide advice, counsel, and
technical assistance to applicants or potential applicants
for grants and contracts and other interested persons with
respect to any functions of the Secretary or the Depart-
ment.
(b) CONSOLIDATION OF APPLICATIONS.—The Sec-
retary may permit the consolidation of applications for
grants or contracts with respect to two or more functions
of the Secretary or the Department, but such consolida-
tion shall not alter the statutory criteria for approval of
applications for funding with respect to such functions.
SEC. 422. WORKING CAPITAL FUND.
(a) ESTABLISHMENT AND USE.—The Secretary, with
the approval of the Director of the Office of Management
and Budget, is authorized to establish for the Department
a working capital fund (hereafter in this section referred
to as the ‘‘fund’’), to be available without fiscal year limi-
tation, for expenses necessary for the maintenance and op-
eration of an administrative services office to provide such
common administrative services as the Secretary shall find
to be desirable in the interests of economy and efficiency,
including such services as—
(1) a central supply service for stationery and
other supplies and equipment for which adequate
stocks may be maintained to meet in whole or in
part the requirements of the Department and its of-
fices;
(2) central messenger, mail, telephone, and
other communications services;
(3) office space, and central services for docu-
ment reproduction, for graphics, and for visual aids;
and
(4) a central library service.
(b) OPERATION OF FUND.—The capital of the fund
shall consist of any appropriations made for the purpose
of providing working capital and the fair and reasonable
value of such stocks of supplies, equipment, and other as-
sets and inventories on order as the Secretary may trans-
fer to the administrative services office, less the related
liabilities and unpaid obligations. There shall be trans-
ferred to the administrative services office the stocks of
supplies, equipment, other assets, liabilities, and unpaid
obligations relating to the services which the Secretary de-
termines, with the approval of the Director of the Office
of Management and Budget, will be performed. Adminis-
trative supplies and services provided by such office shall
be paid for in advance from available funds of agencies
and offices in the Department, or from other sources, at
rates that will approximate the expense of operation. The
fund shall also be credited with receipts from sale or ex-
change of property and receipts in payment for loss or
damage to property.
SEC. 423. FUNDS TRANSFER.
The Secretary may, when authorized in an appropria-
tion Act for any fiscal year, transfer funds from one ap-
propriation to another within the Department, except that
no appropriations for any fiscal year shall be either in-
creased or decreased pursuant to this section by more than
10 percent and no such transfer shall result in increasing
any such appropriation above the amount authorized to
be appropriated therefor.
SEC. 424. SEAL OF DEPARTMENT.
The Secretary shall cause a seal of office to be made
for the Department of such design as the Secretary shall
approve. Judicial notice shall be taken of such seal.
SEC. 425. ANNUAL REPORT.
(a) IN GENERAL.—The Secretary shall, as soon as
practicable after the close of each fiscal year, make a sin-
gle, comprehensive report to the President for trans-
mission to the Congress on the activities of the Depart-
ment during such fiscal year.
(b) CONTRACTING-OUT REPORT.—The report re-
quired by subsection (a) shall also include an estimate of
the extent of the non-Federal personnel employed pursu-
ant to contracts entered into by the Department under
section 415 or under any other authority (including any
subcontract thereunder), the number of such contracts
and subcontracts pursuant to which non-Federal person-
nel are employed, and the total cost of those contracts and
subcontracts.
TITLE 
V—TRANSITIONAL, 
SAV-
INGS, 
AND 
CONFORMING
PROVISIONS
SEC. 501. TRANSFER AND ALLOCATION OF APPROPRIA-
TIONS AND PERSONNEL.
(a) TRANSFER TO SECRETARY.—Except as otherwise
provided in this Act, the personnel employed in connection
with, and the assets, liabilities, contracts, property,
records, and unexpended balance of appropriations, au-
thorizations, allocations, and other funds employed, held,
used, arising from, available to, or to be made available
in connection with, the functions and offices, or portions
thereof, transferred by this Act, subject to section 1531
of title 31, United States Code, shall be transferred to the
Secretary for appropriate allocation. Unexpended funds
transferred pursuant to this subsection shall be used only
for the purposes for which the funds were originally au-
thorized and appropriated.
(b) EFFECT OF TERMINATIONS.—Positions expressly
specified by statute or reorganization plan to carry out
functions or offices transferred by this Act, personnel oc-
cupying those positions on the date of such transfer, and
personnel authorized to receive compensation in such posi-
tions at the rate prescribed for offices and positions at
level IV or V of the Executive Schedule under section 5315
or 5316 of title 5, United States Code, on the date of such
transfer, shall be subject to section 503 of this Act.
SEC. 502. EFFECT ON PERSONNEL.
(a) PRESERVATION OF GRADE AND COMPENSATION
FOR 1 YEAR.—Except as otherwise provided in this Act,
the transfer pursuant to this Act of full-time personnel
(except special Government employees) and part-time per-
sonnel holding permanent positions shall not cause any
such employee to be separated or reduced in grade or com-
pensation for 1 year after the date of transfer to the De-
partment.
(b) PRESERVATION OF COMPENSATION FOR EXECU-
TIVE SCHEDULE APPOINTEES.—Any person who, on the
day preceding the date of the transfer of functions and
offices under title III, held a position compensated in 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 the Department to a
position having duties comparable to the duties performed
immediately preceding such appointment shall continue to
be compensated in the new position at not less than the
rate provided for the previous position, for the duration
of the service of such person in the new position.
SEC. 503. AGENCY TERMINATIONS.
(a) TERMINATIONS.—On the date of the transfer of
functions and offices under title III, the following entities
shall terminate:
(1) The Office of the Secretary of Energy.
(2) The Office of Deputy Secretary of Energy.
(3) The Office of the Under Secretary of Com-
merce for Technology.
(4) The Office of the Assistant Secretary of
Commerce for Technology Policy.
(5) The Office of Science and Technology Pol-
icy in the Executive Office of the President.
(b) TERMINATION OF EXECUTIVE SCHEDULE POSI-
TIONS.—Each position which was expressly authorized by
law, or the incumbent of which was authorized to receive
compensation at the rate prescribed for levels I through
V of the Executive Schedule under sections 5312 through
5315 of title 5, United States Code, in an office termi-
nated pursuant to this Act shall also terminate.
SEC. 504. INCIDENTAL TRANSFERS.
(a) IN GENERAL.—The Director of the Office of
Management and Budget, in conjunction with the Sec-
retary, shall make such determinations as may be nec-
essary with regard to the functions, offices, or portions
thereof transferred by this Act, and make such additional
incidental dispositions of personnel, assets, liabilities,