grants, contracts, property, records, and unexpended bal-
ances of appropriations, authorizations, allocations, and
other funds held, used, arising from, available to, or to
be made available in connection with such functions, of-
fices, or portions thereof, as may be necessary to carry
out this Act. The Director shall provide for the termi-
nation of the affairs of all entities terminated by this Act
and, in conjunction with the Secretary, for such further
measures and dispositions as may be necessary to effec-
tuate the purposes of this Act.
(b) ALLOCATION OF SES POSITIONS.—After con-
sultation with the Director of the Office of Personnel Man-
agement, the Director of the Office of Management and
Budget is authorized to make such determinations as may
be necessary with regard to the transfer of positions with-
in the Senior Executive Service in connection with func-
tions and offices transferred by this Act.
SEC. 505. SAVINGS PROVISIONS.
(a) CONTINUITY OF LEGAL FORCE AND EFFECT.—
All orders, determinations, rules, regulations, permits,
grants, contracts, certificates, licenses, and privileges—
(1) which have been issued, made, granted, or
allowed to become effective by the President, by any
Federal department or agency or official thereof, or
by a court of competent jurisdiction, in the perform-
ance of functions which are transferred under this
Act to the Secretary or the Department; and
(2) which are in effect at the time of such
transfer,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked by
the President, the Secretary, or the authorized official, a
court of competent jurisdiction, or by operation of law.
(b) PENDING PROCEEDINGS.—(1) This Act shall not
affect any proceedings, including notices of proposed rule-
making, or any application for any license, permit, certifi-
cate, or financial assistance pending on the date of the
transfer of functions and offices under title III before any
department, agency, commission, or component thereof,
functions of which are transferred by this Act. Such pro-
ceedings and applications, to the extent that they relate
to functions so transferred, shall be continued, except as
provided in paragraph (3).
(2) Orders may be issued in such proceedings, ap-
peals may be taken therefrom, and payments may be made
pursuant to such orders, as if this Act had not been en-
acted. Orders issued in any such proceedings shall con-
tinue in effect until modified, terminated, superseded, or
revoked by the Secretary, by a court of competent jurisdic-
tion, or by operation of law.
(3) Nothing in this subsection shall be considered to
prohibit the discontinuance or modification of any such
proceeding under the same terms and conditions and to
the same extent that such proceeding could have been dis-
continued or modified if this Act had not been enacted.
(4) The Secretary is authorized to promulgate regula-
tions providing for the orderly transfer of proceedings con-
tinued under this subsection to the Department.
(c) NO EFFECT ON JUDICIAL PROCEEDINGS.—Ex-
cept as provided in subsection (e)—
(1) the transfer of functions and offices under
title III shall not affect suits commenced prior to the
date of such transfer; and
(2) in all such suits, proceedings shall be had,
appeals taken, and judgments rendered in the same
manner and effect as if this Act had not been en-
acted.
(d) NON-ABATEMENT OF PROCEEDINGS.—No suit,
action, or other proceeding commenced by or against any
officer in the official capacity of such individual as an offi-
cer of any department or agency, functions of which are
transferred by this Act, shall abate by reason of the enact-
ment of this Act. No cause of action by or against any
department or agency, functions of which are transferred
by this Act, or by or against any officer thereof in the
official capacity of such officer shall abate by reason of
the enactment of this Act.
(e) CONTINUATION OF PROCEEDING WITH SUBSTI-
TUTION OF PARTIES.—If, before the date of the transfer
of functions and offices under title III, any department
or agency, or officer thereof in the official capacity of such
officer, is a party to a suit, and under this Act any func-
tion of such department, agency, or officer is transferred
to the Secretary or any other official of the Department,
then such suit shall be continued with the Secretary or
other appropriate official of the Department substituted
or added as a party.
(f) REVIEWABILITY
OF
ORDERS
AND
ACTIONS
UNDER TRANSFERRED FUNCTIONS.—Orders and actions
of the Secretary in the exercise of functions transferred
under 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 agency or office, or part
thereof, exercising such functions immediately preceding
their transfer. Any statutory requirements relating to no-
tice, hearings, action upon the record, or administrative
review that apply to any function transferred by this Act
shall apply to the exercise of such function by the Sec-
retary.
SEC. 506. REFERENCE.
With respect to any function transferred by this Act
and exercised on or after the date of such transfer, ref-
erence in any other Federal law to any department, com-
mission, or agency or any officer or office the functions
of which so transferred shall be deemed to refer to the
Secretary, other official, or component of the Department
to which this Act transfers such functions.
SEC. 507. AMENDMENTS.
(a) DEPARTMENT
OF
ENERGY
ORGANIZATION
ACT.—Sections 201 through 203 of the Department of
Energy Organization Act (42 U.S.C. 7131–7133) are re-
pealed.
(b) INSPECTOR GENERAL ACT OF 1978.—The In-
spector General Act of 1978 is amended—
(1) in section 8E(a)(2), by striking ‘‘the Na-
tional Science Foundation,’’;
(2) in section 8E(a)(4), by striking ‘‘, except
that with respect to the National Science Founda-
tion, such term means the National Science Board’’;
(3) in section 11(1)—
(A) by striking ‘‘Energy,’’;
(B) by inserting ‘‘Science, Space, Energy,
and Technology,’’ after ‘‘the Interior, Labor,’’;
(C) by striking ‘‘Environmental Protec-
tion,’’; and
(D) by striking ‘‘National Aeronautics and
Space,’’; and
(4) in section 11(2)—
(A) by striking ‘‘Energy,’’;
(B) by inserting ‘‘Science, Space, Energy,
and Technology,’’ after ‘‘Justice, Labor,’’;
(C) by striking ‘‘the Environmental Protec-
tion Agency,’’; and
(D) by striking ‘‘the National Aeronautics
and Space Administration,’’.
(c) NATIONAL AERONAUTICS AND SPACE ACT OF
1958.—Section 207 of the National Aeronautics and
Space Act of 1958 (42 U.S.C. 2476a) is repealed.
SEC. 508. 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 Sec-
retary or the Department by this Act, may, with the ap-
proval of the Director of the Office of Management and
Budget, be used to pay the compensation and expenses
of any officer appointed pursuant to this Act and other
transitional and planning expenses associated with the es-
tablishment of the Department or transfer of functions or
offices thereto until such time as funds for such purposes
are otherwise available.