ture is disposed of by the Secretary of the Treasury;
or
(2) for each small business investment company
or minority enterprise small business investment
company whose loans, debentures, or equity securi-
ties were purchased or guaranteed by the present
Small Business Administration, on the date on
which the last such loan, debenture, or equity secu-
rity of such company is disposed of by the Secretary
of the Treasury.
TITLE IV—OTHER TRANSFERS
SEC. 401. SIZE STANDARDS FOR SMALL BUSINESS CON-
CERNS; GOVERNMENT PROCUREMENT PRO-
GRAMS.
There are transferred to the Director of the Office
of Management of Budget all of the functions, powers, and
duties vested in or delegated to the present Small Business
Administration under sections 3(a) and 15 of the Small
Business Act.
SEC. 402. MAINTENANCE OF NATIONAL SMALL BUSINESS
ECONOMIC INDICES; SCORE AND ACE PRO-
GRAMS.
There are transferred to the Director of the Office
of Small Business Advocacy all of the functions, powers,
and duties vested in or delegated to the present Small
Business Administration under sections 4(b)(2) and
8(b)(1)(B) of the Small Business Act.
TITLE V—GENERAL
ADMINISTRATIVE PROVISIONS
SEC. 501. REFERENCES TO TRANSFERS MADE BY THIS ACT.
In this Act, any reference to the transfer of a func-
tion or any other transfer made by this Act shall include
transfers made by amendments made by this Act.
SEC. 502. TRANSFER OF AUTHORITIES.
To the extent necessary or appropriate, and consist-
ent with the provisions of this Act, in order to perform
a function transferred by this Act, the head of a depart-
ment or agency may exercise any authority or part thereof
which was provided by law to the present Small Business
Administration or the Administrator of the Small Busi-
ness Administration.
SEC. 503. ORGANIZATIONAL ENTITIES AND OFFICES.
(a) IN GENERAL.—With the exception of the Small
Business Administration established by section 102 of this
Act, the head of a department or agency is authorized to
locate among the officers of the department or agency the
functions transferred to the department or agency, and
to establish, consolidate, alter, or discontinue such organi-
zational entities or offices within the department or agency
as may be necessary or appropriate.
(b) TREATMENT DURING TRANSITION.—In accord-
ance with section 601 of this Act, and regulations issued
thereunder, and until such time as the consolidation and
termination of the transferred functions is completed, the
head of a department or agency shall treat the organiza-
tional entities and functions transferred by this Act to
their respective departments, as if they remained a part
of the present Small Business Administration.
SEC. 504. DELEGATION OF FUNCTIONS.
Except where otherwise expressly provided for by law,
the head of a department or agency may delegate any of
the functions now vested in a position transferred pursu-
ant to this Act that relate to such a position to any of
the officers and employees of the department or agency,
and may authorize successive redelegation of those func-
tions, as appropriate.
SEC. 505. RULES AND REGULATIONS.
The head of a department or agency is authorized
to issue such rules and regulations as may be necessary
or appropriate to carry out the functions, powers, and du-
ties vested or transferred by this Act.
SEC. 506. TRANSFER OF FUND ACCOUNTS.
Any appropriations or fund accounts established to
carry out the purposes of this Act shall be deemed to be
successor accounts to those that existed in the present
Small Business Administration prior to the date of the en-
actment of this Act, and the balances of those prior ac-
counts may be transferred and merged with any of the
successor accounts so established.
TITLE VI—TRANSITIONAL, SAV-
INGS, 
AND 
CONFORMING
PROVISIONS
SEC. 601. TRANSFERS.
So much of the personnel (including Senior Executive
Service and GS–16, GS–17, and GS–18 positions), posi-
tions, assets, liabilities, contracts, property, records, and
unexpended balance of appropriations, authorizations, al-
locations, and other funds employed, held, used, arising
from, available to or to be made available in connection
with any functions or authority transferred by this Act,
are transferred to the head of the appropriate agency, ex-
cept that no such unexpended balances transferred shall
be used for purposes other than those for which the appro-
priation was originally made.
SEC. 602. DIRECTOR OF OFFICE OF MANAGEMENT AND
BUDGET.
The Director of the Office of Management and Budg-
et, in consultation with the Administrator of the Small
Business Administration, the Secretary of the Treasury,
and other officials as appropriate, shall make such deter-
minations as may be necessary with regard to the func-
tions transferred by this Act, assets, liabilities, contracts,
property, records, and unexpended balances of appropria-
tions, authorizations, allocations, and other funds held,
used, arising from, available to or to be made available
in connection with the functions transferred by this Act,
that the Director considers necessary to accomplish the
purposes of this Act.
SEC. 603. SAVINGS PROVISIONS.
(a) EXISTING
RULES, REGULATIONS, AND
OR-
DERS.—All orders, determinations, rules, regulations, per-
mits, contracts, certificates, licenses, and privileges—
(1) that have been issued, made, granted, or al-
lowed to become effective by the President, any Fed-
eral department or agency, or official thereof, or by
a court of competent jurisdiction, in the performance
of functions which are transferred by this Act; and
(2) that are in effect on September 30, 1995,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or re-
voked in accordance with law by the head of the de-
partment or agency to which such function is trans-
ferred, or other authorized officials, a court of com-
petent jurisdiction, or by operation of law.
(b) ADMINISTRATIVE PROCEEDINGS.—
(1) PENDING PROCEEDINGS NOT AFFECTED.—
The provisions of this Act shall not affect any pro-
ceedings or any application for any license, permit,
certificate, or financial assistance pending on the ef-
fective date of this Act; but such proceedings and
applications, to the extent that they relate to func-
tions so transferred, shall be continued.
(2) EFFECT OF ORDERS.—Orders shall be is-
sued in such a proceeding, appeals shall be taken
therefrom, and payments shall be made under such
orders, as if this Act had not been enacted, and or-
ders issued in such a proceeding shall continue in ef-
fect until modified, terminated, superseded, or re-
voked by a duly authorized official, by a court of
competent jurisdiction, or by operation of law. Noth-
ing in this subsection prohibits the discontinuance or
modification of such a proceeding under the same
terms and conditions and to the same extent that
such a proceeding could have been discontinued or
modified if this Act had not been enacted.
(3) ISSUANCE OF REGULATIONS PROVIDING FOR
TRANSFER.—The head of a department or agency
may issue regulations providing for the orderly
transfer of such a proceeding to the department or
agency.
pensated at the rate prescribed by this Act for the office
in which the officer acts.
Æ
HR 2125 IH——2