I

104TH CONGRESS

1ST SESSION H. R. 1756

To abolish the Department of Commerce.

IN THE HOUSE OF REPRESENTATIVES

JUNE 7, 1995

Mr. CHRYSLER (for himself, Mr. BROWNBACK, Mr. KASICH, Mr. LIVINGSTON,

Mr. SOLOMON, Mr. CRANE, Mr. BOEHNER, Mr. PAXON, Mr. PARKER,

Mr. METCALF, Mr. COOLEY, Mrs. CHENOWETH, Mr. NEUMANN, Mr.

SCARBOROUGH, Mrs. MYRICK, Mr. KNOLLENBERG, Mr. GUTKNECHT, Mr.

LAHOOD, Mr. SANFORD, Mr. GRAHAM, Mr. WELDON of Florida, Mr.

HILLEARY, Mr. JONES, Mr. ENSIGN, Mr. CHRISTENSEN, Mr. WELLER,

Mr. KLUG, Mr. NETHERCUTT, Mr. MCINTOSH, Mr. STEARNS, Mr. SMITH

of Michigan, Mr. RADANOVICH, Mr. SALMON, Mr. CHABOT, Mr. FOX of

Pennsylvania, Mr. LARGENT, Mr. BONO, Mr. TIAHART, Mr. CREMEANS,

Mr. MILLER of Florida, Mr. HAYWORTH, Mr. HUTCHINSON, Mr. WICKER, Mr. HASTINGS of Washington, Mr. FUNDERBURK, Mr. FRISA, Mr.

THORNBERRY, Mrs. WALDHOLTZ, Mr. NORWOOD, Mrs. SEASTRAND, Mr.

BASS, Mr. EWING, Mr. SHADEGG, Mr. HOEKSTRA, Mr. CAMP, Mr.

LINDER, Mr. UPTON, Mr. WHITE, Mr. RIGGS, Mr. TATE, and Mrs.

SMITH of Washington) introduced the following bill; which was referred

to the Committee on Commerce, and in addition to the Committees on

Transportation and Infrastructure, Banking and Financial Services,

International Relations, National Security, Agriculture, Ways and Means,

Government Reform and Oversight, the Judiciary, Science, and Resources, for a period to be subsequently determined by the Speaker, in

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To abolish the Department of Commerce.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Department of Com3 merce Dismantling Act’’.

4 SEC. 2. TABLE OF CONTENTS.

5 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—ABOLISHMENT OF DEPARTMENT OF COMMERCE

Sec. 101. Reestablishment of Department as Commerce Programs Resolution

Agency.

Sec. 102. Functions.

Sec. 103. Deputy Administrator.

Sec. 104. Continuation of service of department officers.

Sec. 105. Reorganization.

Sec. 106. Abolishment of Commerce Programs Resolution Agency.

Sec. 107. GAO report.

Sec. 108. Conforming amendments.

Sec. 109. Effective date.

TITLE II—DISPOSITION OF PARTICULAR PROGRAMS, FUNCTIONS,

AND AGENCIES OF DEPARTMENT OF COMMERCE

Sec. 201. Economic development.

Sec. 202. Export control functions.

Sec. 203. National security functions.

Sec. 204. International trade functions.

Sec. 205. Patent and Trademark Office.

Sec. 206. Technology Administration.

Sec. 207. Reorganization of the Bureau of the Census.

Sec. 208. Reorganization of the Bureau of Economic Analysis.

Sec. 209. Terminated functions of NTIA.

Sec. 210. Transfer of spectrum management functions.

Sec. 211. National Oceanic and Atmospheric Administration.

Sec. 212. Miscellaneous abolishments.

Sec. 213. Effective date.

Sec. 214. Sense of Congress regarding user fees.

TITLE III—MISCELLANEOUS PROVISIONS

Sec. 301. References.

Sec. 302. Exercise of authorities.

Sec. 303. Savings provisions.

Sec. 304. Transfer of assets.

Sec. 305. Delegation and assignment.

Sec. 306. Authority of Administrator with respect to functions transferred.

Sec. 307. Proposed changes in law.

Sec. 308. Certain vesting of functions considered transfers.

Sec. 309. Definitions.

Sec. 310. Limitation on annual expenditures for continued functions.
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1 TITLE I—ABOLISHMENT OF

2 DEPARTMENT OF COMMERCE

3 SEC. 101. REESTABLISHMENT OF DEPARTMENT AS COM4 MERCE PROGRAMS RESOLUTION AGENCY.

5 (a) REESTABLISHMENT.—The Department of Com6 merce is hereby redesignated as the Commerce Programs

7 Resolution Agency, which shall be an independent agency

8 in the executive branch of the Government.

9 (b) ADMINISTRATOR.—

10 (1) IN GENERAL.—There shall be at the head

11 of the Agency an Administrator of the Agency, who

12 shall be appointed by the President, by and with the

13 advice and consent of the Senate. The Agency shall

14 be administered under the supervision and direction

15 of the Administrator. The Administrator shall re16 ceive compensation at the rate prescribed for level II

17 of the Executive Schedule under section 5313 of title

18 5, United States Code.

19 (2) INITIAL APPOINTMENT OF ADMINIS20 TRATOR.—Notwithstanding any other provision of

21 this Act or any other law, the President may, at any

22 time after the date of the enactment of this Act, ap23 point an individual to serve as Administrator of the

24 Commerce Programs Resolution Agency (who may

25 be the Secretary of Commerce), as such position is
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1 established under paragraph (1). An appointment

2 under this paragraph may not be construed to affect

3 the position of Secretary of Commerce or the au4 thority of the Secretary before the effective date

5 specified in section 109(a).

6 (c) DUTIES.—The Administrator shall be responsible

7 for—

8 (1) the administration and wind-up, during the

9 wind-up period, of all functions of the Administrator

10 pursuant to section 102 and the other provisions of

11 this Act;

12 (2) the administration and wind-up, during the

13 wind-up period, of any outstanding obligations of the

14 Federal Government under any programs terminated

15 or repealed by this Act; and

16 (3) taking such other actions as may be nec17 essary, before the termination date specified in sec18 tion 106(d), to wind up any outstanding affairs of

19 the Department of Commerce.

20 SEC. 102. FUNCTIONS.

21 Except to the extent a function is abolished or vested

22 in another official or agency by this Act, the Administrator

23 shall perform all functions that, immediately before the

24 effective date specified in section 109(a), were functions

25 of the Department of Commerce (or any office of the De-
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1 partment) or were authorized to be performed by the Sec2 retary of Commerce or any other officer or employee of

3 the Department in the capacity as such officer or em4 ployee.

5 SEC. 103. DEPUTY ADMINISTRATOR.

6 The Agency shall have a Deputy Administrator, who

7 shall—

8 (1) be appointed by and report to the Adminis9 trator; and

10 (2) shall perform such functions as may be del11 egated by the Administrator.

12 SEC. 104. CONTINUATION OF SERVICE OF DEPARTMENT

13 OFFICERS.

14 (a) CONTINUATION OF SERVICE OF SECRETARY.—

15 The individual serving on the effective date specified in

16 section 109(a) as the Secretary of Commerce may serve

17 and act as Administrator until the date an individual is

18 appointed under this title to the position of Administrator,

19 or until the end of the 120-day period provided for in sec20 tion 3348 of title 5, United States Code (relating to limita21 tions on the period of time a vacancy may be filled tempo22 rarily), whichever is earlier.

23 (b) CONTINUATION OF SERVICE OF OTHER OFFI24 CERS.—An individual serving on the effective date speci25 fied in section 109(a) as an officer of the Department of
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1 Commerce other than the Secretary of Commerce may

2 continue to serve and act in an equivalent capacity in the

3 Agency until the date an individual is appointed under this

4 title to the position of Administrator, or until the end of

5 the 120-day period provided for in section 3348 of title

6 5, United States Code (relating to limitations on the pe7 riod of time a vacancy may be filled temporarily) with re8 spect to that appointment, whichever is earlier.

9 (c) COMPENSATION FOR CONTINUED SERVICE.—Any

10 person—

11 (1) who serves as the Administrator under sub12 section (a), or

13 (2) who serves under subsection (b),

14 after the effective date specified in section 109(a) and be15 fore the first appointment of a person as Administrator

16 shall continue to be compensated for so serving at the rate

17 at which such person was compensated before such effec18 tive date.

19 SEC. 105. REORGANIZATION.

20 The Administrator may allocate or reallocate any

21 function of the Agency pursuant to this Act among the

22 officers of the Agency, and may establish, consolidate,

23 alter, or discontinue in the Commerce Programs Resolu24 tion Agency any organizational entities that were entities
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1 of the Department of Commerce, as the Administrator

2 considers necessary or appropriate.

3 SEC. 106. ABOLISHMENT OF COMMERCE PROGRAMS RESO4 LUTION AGENCY.

5 (a) IN GENERAL.—Effective on the termination date

6 specified in subsection (d), the Commerce Programs Reso7 lution Agency is abolished.

8 (b) ABOLITION OF FUNCTIONS.—Except for func9 tions transferred or otherwise continued by this Act, all

10 functions that, immediately before the termination date

11 specified in subsection (d), were functions of the Com12 merce Programs Resolution Agency are abolished effective

13 on that termination date.

14 (c) PLAN FOR WINDING UP AFFAIRS.—Not later

15 than the effective date specified in section 109(a), the

16 President shall submit to the Congress a plan for winding

17 up the affairs of the Agency in accordance with this Act

18 and by not later than the termination date specified in

19 subsection (d).

20 (d) TERMINATION DATE.—The termination date

21 under this subsection is the date that is 3 years after the

22 date of the enactment of this Act.

23 SEC. 107. GAO REPORT.

24 Not later than 180 days after the date of enactment

25 of this Act, the Comptroller General of the United States
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1 shall submit to the Congress a report which shall include

2 recommendations for the most efficient means of achiev3 ing, in accordance with this Act—

4 (1) the complete abolishment of the Depart5 ment of Commerce; and

6 (2) the termination or transfer or other con7 tinuation of the functions of the Department of

8 Commerce.

9 SEC. 108. CONFORMING AMENDMENTS.

10 (a) PRESIDENTIAL SUCCESSION.—Section 19(d)(1)

11 of title 3, United States Code, is amended by striking

12 ‘‘Secretary of Commerce,’’.

13 (b) EXECUTIVE DEPARTMENTS.—Section 101 of title

14 5, United States Code, is amended by striking the follow15 ing item:

16 ‘‘The Department of Commerce.’’.

17 (c) SECRETARY’S COMPENSATION.—Section 5312 of

18 title 5, United States Code, is amended by striking the

19 following item:

20 ‘‘Secretary of Commerce.’’.

21 (d) COMPENSATION FOR POSITIONS AT LEVEL III.—

22 Section 5314 of title 5, United States Code, is amended—

23 (1) by striking the following item:

24 ‘‘Under Secretary of Commerce, Under Sec25 retary of Commerce for Economic Affairs, Under
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1 Secretary of Commerce for Export Administration

2 and Under Secretary of Commerce for Travel and

3 Tourism.’’;

4 (2) by striking the following item:

5 ‘‘Under Secretary of Commerce for Oceans and

6 Atmosphere, the incumbent of which also serves as

7 Administrator of the National Oceanic and Atmos8 pheric Administration.’’; and

9 (3) by striking the following item:

10 ‘‘Under Secretary of Commerce for Tech11 nology.’’.

12 (e) COMPENSATION FOR POSITIONS AT LEVEL IV.—

13 Section 5315 of title 5, United States Code, is amended—

14 (1) by striking the following items:

15 ‘‘Assistant Secretaries of Commerce (11).’’;

16 (2) by striking the following item:

17 ‘‘General Counsel of the Department of Com18 merce.’’;

19 (3) by striking the following item:

20 ‘‘Associate Secretary of Commerce for Oceans

21 and Atmosphere, the incumbent of which also serves

22 as Deputy Administrator of the National Oceanic

23 and Atmospheric Administration.’’;

24 (4) by striking the following item:
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1 ‘‘Director, National Institute of Standards and

2 Technology, Department of Commerce.’’;

3 (5) by striking the following item:

4 ‘‘Inspector General, Department of Com5 merce.’’;

6 (6) by striking the following item:

7 ‘‘Chief Financial Officer, Department of Com8 merce.’’; and

9 (7) by striking the following item:

10 ‘‘Director, Bureau of the Census, Department

11 of Commerce.’’.

12 (f) COMPENSATION FOR POSITIONS AT LEVEL V.—

13 Section 5316 of title 5, United States Code, is amended—

14 (1) by striking the following item:

15 ‘‘Director, United States Travel Service, De16 partment of Commerce.’’; and

17 (2) by striking the following item:

18 ‘‘National Export Expansion Coordinator, De19 partment of Commerce.’’.

20 (g) INSPECTOR GENERAL ACT OF 1978.—The In21 spector General Act of 1978 (5 U.S.C. App.) is amend22 ed—

23 (1) in section 9(a)(1), by striking subparagraph

24 (B);
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1 (2) in section 11(1), by striking ‘‘Commerce,’’;

2 and

3 (3) in section 11(2), by striking ‘‘Commerce,’’;

4 SEC. 109. EFFECTIVE DATE.

5 (a) IN GENERAL.—Except as provided in subsection

6 (b), this title shall take effect on the date that is 6 months

7 after the date of the enactment of this Act.

8 (b) PROVISIONS EFFECTIVE ON DATE OF ENACT9 MENT.—The following provisions of this title shall take ef10 fect on the date of the enactment of this Act:

11 (1) Section 101(b).

12 (2) Section 106(c).

13 (3) Section 107.

14 TITLE II—DISPOSITION OF PAR15 TICULAR PROGRAMS, FUNC16 TIONS, AND AGENCIES OF DE17 PARTMENT OF COMMERCE

18 SEC. 201. ECONOMIC DEVELOPMENT.

19 (a) TERMINATED FUNCTIONS.—The Public Works

20 and Economic Development Act of 1965 (42 U.S.C. 3121

21 et seq.) is repealed.

22 (b) TRANSFER OF FINANCIAL OBLIGATIONS OWED

23 TO THE DEPARTMENT.—There are transferred to the Sec24 retary of the Treasury the loans, notes, bonds, debentures,

25 securities, and other financial obligations owned by the
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1 Department of Commerce under the Public Works and

2 Economic Development Act of 1965, together with all as3 sets or other rights (including security interests) incident

4 thereto, and all liabilities related thereto. There are as5 signed to the Secretary of the Treasury the functions,

6 powers, and abilities vested in or delegated to the Sec7 retary of Commerce or the Department of Commerce to

8 manage, service, collect, sell, dispose of, or otherwise real9 ize proceeds on obligations owed to the Department of

10 Commerce under authority of such Act with respect to any

11 loans, obligations, or guarantees made or issued by the

12 Department of Commerce pursuant to such Act.

13 (c) AUDIT.—Not later than 18 months after the date

14 of the enactment of this Act, the Comptroller General shall

15 conduct an audit of all grants made or issued by the De16 partment of Commerce under the Public Works and Eco17 nomic Development Act of 1965 in fiscal year 1995 and

18 all loans, obligations, and guarantees and shall transmit

19 to Congress a report on the results of such audit.

20 SEC. 202. EXPORT CONTROL FUNCTIONS.

21 (a) TRANSFER TO SECRETARY OF STATE.—

22 (1) IN GENERAL.—Except as provided in this

23 section, all functions of the Secretary of Commerce,

24 the Under Secretary of Commerce for Export Ad25 ministration, the 2 Assistant Secretaries of Com-
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1 merce appointed under section 15(a) of the Export

2 Administration Act of 1979 (50 U.S.C. 2414(a)),

3 and the Department of Commerce, on the day before

4 the effective date specified in section 109(a), under

5 the Export Administration Act of 1979 are trans6 ferred to the Secretary of State.

7 (2) CONSULTATION WITH USTR.—The Sec8 retary of State shall consult with the United States

9 Trade Representative with respect to licensing deci10 sions under the Export Administration Act of 1979.

11 (b) SHORT SUPPLY CONTROLS.—All functions of the

12 Secretary of Commerce, on the day before the effective

13 date specified in section 109(a), under section 7 of the

14 Export Administration Act of 1979 (50 U.S.C. 2406), and

15 under all other provisions of that Act to the extent that

16 such provisions apply to section 7, are transferred to the

17 President.

18 (c) ENFORCEMENT.—

19 (1) GENERAL TRANSFER.—All functions of the

20 Secretary of Commerce and the Department of Com21 merce, on the day before the effective date specified

22 in section 109(a), under sections 11(c), 12, and 13

23 (c), (d), and (e) of the Export Administration Act of

24 1979 (50 U.S.C. App. 2410(c), 2411, and 2412 (c),
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1 (d), and (e)) are transferred to the Secretary of the

2 Treasury.

3 (2) TRANSFER OF ENFORCEMENT PERSON4 NEL.—Not more than 60 United States special

5 agents of the Bureau of Export Administration of

6 the Department of Commerce who, on the day be7 fore the effective date specified in section 109(a),

8 were assigned to perform functions under section

9 12(a) of the Export Administration Act of 1979 may

10 be transferred to the Customs Service to carry out

11 functions transferred by paragraph (1). The Direc12 tor of the Office of Management and Budget shall

13 determine the special agents to be transferred under

14 this paragraph.

15 (d) ANTI-BOYCOTT COMPLIANCE.—All functions of

16 the Secretary of Commerce and the Department of Com17 merce, on the day before the effective date specified in

18 section 109(a), under section 8 of the Export Administra19 tion Act of 1979 (50 U.S.C. 2407), and under all other

20 provisions of that Act to the extent that such provisions

21 apply to section 8, are transferred to the Attorney Gen22 eral.

23 (e) TERMINATION OF OFFICE OF FOREIGN AVAIL24 ABILITY; APPOINTMENT OF INDUSTRIES BOARD.—
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1 (1) TERMINATION OF OFFICE.—(A) The Office

2 of Foreign Availability established under section

3 5(f)(6) of the Export Administration Act of 1979

4 (50 U.S.C. 2404(f)(6)) is abolished.

5 (2) CONFORMING AMENDMENT.—Section 5(f)

6 of the Export Administration Act of 1979 (50

7 U.S.C. App. 2404(f)) is amended by striking para8 graph (6).

9 (3) APPOINTMENT OF INDUSTRIES BOARD.—

10 The President shall appoint an industries board,

11 composed of representatives of industries affected by

12 matters relating to foreign availability under the Ex13 port Administration Act of 1979, to advise the Sec14 retary of State with respect to such matters, except

15 that no Federal funds may be made available to the

16 industries board to carry out its functions.

17 (f) BUYING POWER MAINTENANCE ACCOUNT.—The

18 authority of the Secretary of Commerce under section 108

19 of title I of Public Law 100–202 (101 Stat. 1329–7) to

20 establish a Buying Power Maintenance account is trans21 ferred to the Secretary of State for purposes of carrying

22 out functions under the Export Administration Act of

23 1979 that are transferred to the Secretary of State under

24 this section.

25 (g) TECHNICAL AND CONFORMING AMENDMENTS.—
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1 (1) Section 15(a) of the Export Administration

2 Act of 1979 (50 U.S.C. 2414(a)) is repealed.

3 (2) The Office of the Under Secretary of Com4 merce for Export Administration is abolished.

5 SEC. 203. NATIONAL SECURITY FUNCTIONS.

6 (a) TRANSFER OF FUNCTIONS.—Functions of the

7 Secretary of Commerce immediately before the effective

8 date specified in section 109(a)—

9 (1) under section 232 of the Trade Expansion

10 Act of 1962 (19 U.S.C. 1862) are transferred to the

11 International Trade Commission;

12 (2) under section 309 of the Defense Produc13 tion Act of 1950 (50 U.S.C. App. 2099) are trans14 ferred to the Secretary of Defense; and

15 (3) under section 722 of the Defense Produc16 tion Act of 1950 (50 U.S.C. App. 2171) are trans17 ferred to the Secretary of the Treasury.

18 (b) NATIONAL DEFENSE TECHNOLOGY AND INDUS19 TRIAL BASE COUNCIL.—Section 2502(b) of title 10, Unit20 ed States Code, is amended by striking paragraph (3) and

21 redesignating paragraphs (4) and (5) as paragraphs (3)

22 and (4), respectively.

23 (c) APPOINTMENT OF COMMITTEES OF INDUSTRY

24 REPRESENTATIVES.—The President should appoint com25 mittees composed of representatives of appropriate indus-
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1 tries to advise the National Security Council with respect

2 to those matters affecting industry addressed by the Sec3 retary of Commerce to the National Security Council be4 fore the effective date specified in section 109(a).

5 SEC. 204. INTERNATIONAL TRADE FUNCTIONS.

6 (a) TARIFF ACT OF 1930; URUGUAY ROUND AGREE7 MENTS ACT.—

8 (1) TRANSFER TO UNITED STATES TRADE REP9 RESENTATIVE.—All functions of the International

10 Trade Administration of the Department of Com11 merce, immediately before the effective date speci12 fied in section 109(a), under titles III and VII of the

13 Tariff Act of 1930, and all functions of the admin14 istering authority or the Secretary of Commerce

15 under the Uruguay Round Agreements Act, are

16 transferred to the United States Trade Representa17 tive.

18 (2) CONFORMING AMENDMENT.—Section

19 771(1) of the Tariff Act of 1930 (19 U.S.C.

20 1677(1)) is amended by striking ‘‘Secretary of Com21 merce’’ and inserting ‘‘United States Trade Rep22 resentative’’.

23 (b) FOREIGN TRADE ZONES BOARD.—Subsection (b)

24 of the first section of the Act of June 18, 1934 (commonly

25 known as the ‘‘Foreign Trade Zones Act’’) (19 U.S.C.
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1 81a(b)) is amended by striking ‘‘Secretary of Commerce,

2 who shall be chairman and executive officer of the Board,

3 the Secretary of the Treasury’’ and inserting ‘‘Secretary

4 of the Treasury, who shall be chairman and executive offi5 cer of the Board, the United States Trade Representa6 tive’’.

7 (c) UNITED STATES AND FOREIGN COMMERCIAL

8 SERVICE.—

9 (1) RENAMING AND ABOLITION OF CERTAIN

10 FUNCTIONS.—The United States and Foreign Com11 mercial Service shall, upon the effective date speci12 fied in section 109(a), be known as the ‘‘United

13 States Foreign Commercial Service’’ (hereafter in

14 this subsection referred to as the ‘‘Commercial Serv15 ice’’). All operations of the Commercial Service in

16 the United States (other than those performed at

17 the headquarters office referred to in section

18 2301(c) of the Export Enhancement Act of 1988

19 (15 U.S.C. 4721(c))) with respect to the foreign op20 erations of the Commercial Service) are abolished.

21 (2) TRANSFER TO USTR.—The Commercial

22 Service and its functions are transferred to the Unit23 ed States Trade Representative. All functions per24 formed immediately before the effective date speci25 fied in section 109(a) by the Secretary of Commerce
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1 or the Department of Commerce with respect to the

2 Commercial Service are transferred to the United

3 States Trade Representative.

4 (3) DIRECTOR GENERAL.—(A) The head of the

5 Commercial Service shall, as of the effective date

6 specified in section 109(a), be the Director General

7 of the United States Foreign Commercial Service.

8 (B) Section 5315 of title 5, United States Code,

9 is amended by striking ‘‘Assistant Secretary of Com10 merce and Director General of the United States

11 and Foreign Commercial Service’’ and inserting ‘‘Di12 rector General of the United States Foreign Com13 mercial Service.’’.

14 (C) The individual serving as Assistant Sec15 retary of Commerce and Director General of the

16 United States and Foreign Commercial Service im17 mediately before the effective date specified in sec18 tion 109(a) may serve as the Director General of the

19 United States Foreign Commercial Service on and

20 after such effective date until a successor has taken

21 office. Compensation for any service under this sub22 paragraph shall be at the rate at which the individ23 ual was compensated immediately before the effec24 tive date specified in section 109(a).
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1 (4) TRANSFER OF COMMERCIAL SERVICE OFFI2 CERS.—The transfer to the United States Trade

3 Representative pursuant to this section of any Com4 mercial Service Officer serving immediately before

5 the effective date specified in section 109(a) shall

6 not cause such officer to be reduced in rank, grade,

7 or compensation.

8 (d) EXPORT PROMOTION PROGRAMS.—

9 (1) TRANSFER.—All export promotion pro10 grams (as defined in section 201(d) of the Export

11 Administration Amendments Act of 1985 (15 U.S.C.

12 4051(d))) carried out by the Secretary of Commerce

13 or the Department of Commerce immediately before

14 the effective date specified in section 109(a) are

15 transferred to the United States Trade Representa16 tive.

17 (2) PRIVATE FUNDING.—With respect to any

18 program transferred under paragraph (1), no funds

19 made available to the United States Trade Rep20 resentative may be used in carrying out such pro21 gram, but the United States Trade Representative

22 may require the persons to whom services are pro23 vided by the Office of the United States Trade Rep24 resentative under such program to pay for such serv25 ices.
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1 (e) TRADE INFORMATION.—All functions of the Sec2 retary of Commerce under the International Investment

3 and Trade in Services Survey Act (22 U.S.C. 3101 and

4 following) are transferred to the Secretary of the Treas5 ury.

6 (f) INTERNATIONAL ECONOMIC POLICY.—All func7 tions performed by the Assistant Secretary of Commerce

8 for International Economic Policy and the Office of Inter9 national Economic Policy of the Department of Commerce

10 immediately before the effective date specified in section

11 109(a) are abolished.

12 (g) FUNCTIONS WITH RESPECT TO TEXTILE AGREE13 MENTS.—

14 (1) TRANSFER OF FUNCTIONS.—Notwithstand15 ing the provisions of Executive Order 11651 and

16 Executive Order 12475 (7 U.S.C. 1854 note), the

17 functions of the Committee for the Implementation

18 of Textile Agreements (hereafter in this subsection

19 referred to as ‘‘CITA’’) are transferred as follows:

20 (A) All functions related to policy formula21 tion for textile and apparel trade, including the

22 negotiation and implementation of textile and

23 apparel trade agreements, and all related activi24 ties performed by CITA immediately before the

25 effective date specified in section 109(a), and
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1 not specified in paragraphs (2) through (4), are

2 transferred to the United States Trade Rep3 resentative.

4 (B) All functions related to economic anal5 ysis of textile and apparel trade patterns, deter6 mination of serious damage, or actual threat

7 thereof, to domestic United States industry and

8 related safeguards matters, including the tran9 sitional safeguard provisions under Article 6 of

10 the Agreement on Textiles and Clothing re11 ferred to in section 101(d)(4) of the Uruguay

12 Round Agreements Act (19 U.S.C. 3511(d)(4)),

13 and analysis of the impact of foreign tariff and

14 nontariff barriers on textile and apparel trade,

15 and all related activities performed by CITA

16 immediately before the effective date specified

17 in section 109(a), are transferred to the Inter18 national Trade Commission.

19 (C) All functions related to the promotion

20 and foreign market expansion of United States

21 textile and apparel production are transferred

22 to the United States Foreign Commercial Serv23 ice.

24 (D) All functions related to monitoring

25 quota utilization and enforcement, and actions
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1 to address the circumvention of quotas, as de2 scribed in the statement of administrative ac3 tion accompanying the Uruguay Round Agree4 ments (as defined in section 2 of the Uruguay

5 Round Agreements Act (19 U.S.C. 3501)), are

6 transferred to the Secretary of the Treasury.

7 (2) ABOLITION OF CITA.—CITA is abolished.

8 (h) FAIR TRADE IN AUTO PARTS.—All functions of

9 the Secretary of Commerce under the Fair Trade in Auto

10 Parts Act of 1988 (15 U.S.C. 4701 and following) are

11 transferred to the International Trade Commission.

12 (i) OTHER TRADE FUNCTIONS.—

13 (1) INTERAGENCY TRADE ORGANIZATION.—The

14 President shall provide for the direct participation

15 by representatives of industry on the Interagency

16 Trade Organization established under section 242 of

17 the Trade Expansion Act of 1962 (19 U.S.C. 1872),

18 to carry out appropriate functions of the Secretary

19 of Commerce as a member of such organization be20 fore the effective date specified in section 109(a).

21 (2) EXPORT TRADING COMPANIES.—(A) The

22 functions of the Secretary of Commerce under the

23 Export Trading Company Act of 1982 (15 U.S.C.

24 4001–4003), and the Office of Export Trade estab25 lished under section 104 of that Act, are abolished.
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1 (B) The functions of the Secretary of Com2 merce under title III of the Act of October 8, 1982

3 (15 U.S.C. 4011 and following), are transferred to

4 the Secretary of the Treasury.

5 (C) CONFORMING AMENDMENTS.—(i) The Ex6 port Trading Company Act of 1982 (15 U.S.C.

7 4001–4003) is repealed.

8 (ii) The section heading for section 301 of the

9 Act of October 8, 1982 (15 U.S.C. 4011), is amend10 ed by striking ‘‘COMMERCE’’ and inserting ‘‘TREAS11 URY’’.

12 (iii) Section 311(7) of the Act of October 8,

13 1982 (15 U.S.C. 4021), is amended by striking

14 ‘‘Commerce’’ and inserting ‘‘Treasury’’.

15 (j) APPOINTMENT OF INDUSTRIES BOARDS.—The

16 President shall appoint industries boards, composed of

17 representatives of industries in the private sector, to ad18 vise the Secretary of the Treasury and the United States

19 Trade Representative with respect to functions transferred

20 to them under this section.

21 (k) GIFTS AND BEQUESTS.—

22 (1) IN GENERAL.—The Secretary of State, the

23 Secretary of the Treasury, and the United States

24 Trade Representative are authorized to accept, hold,

25 administer, and utilize gifts and bequests of prop-
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1 erty, both real and personal, for the purpose of aid2 ing or facilitating the performance of functions

3 transferred to them under this section and section

4 202. Gifts and bequests of money and the proceeds

5 from sales of other property received as gifts or be6 quests shall be deposited in the United States Treas7 ury in a separate fund and shall be disbursed on

8 order of the Secretary of State, the Secretary of the

9 Treasury, or the United States Trade Representa10 tive. Property accepted pursuant to this paragraph,

11 and the proceeds thereof, shall be used as nearly as

12 possible in accordance with the terms of the gift or

13 bequest.

14 (2) TAX TREATMENT.—For the purpose of Fed15 eral income, estate, and gift taxes, and State taxes,

16 property accepted under subsection (a) shall be con17 sidered a gift or bequest to or for use of the United

18 States.

19 (3) INVESTMENT.—The Secretary of the Treas20 ury may invest and reinvest in securities of the

21 United States or in securities guaranteed as to prin22 cipal and interest by the United States any moneys

23 contained in the fund provided for in subsection (a).

24 Income accruing from such securities, and from any

25 other property held by the Secretary of State, the
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1 Secretary of the Treasury, or the United States

2 Trade Representative pursuant to subsection (a),

3 shall be deposited to the credit of the fund, and shall

4 be disbursed upon order of the Secretary of State,

5 the Secretary of the Treasury, or the United States

6 Trade Representative.

7 (l) INFORMATION SHARING.—It is the sense of the

8 Congress that any department or agency of the United

9 States that compiles information on international econom10 ics or trade make that information available to other de11 partments and agencies performing functions relating to

12 international trade.

13 (m) TRADE ADJUSTMENT ASSISTANCE FOR

14 FIRMS.—Chapter 3 of title II of the Trade Act of 1974

15 (19 U.S.C. 2341 and following) and the items relating to

16 such chapter in the table of contents for that Act, are re17 pealed.

18 SEC. 205. PATENT AND TRADEMARK OFFICE.

19 (a) TRANSFER TO DEPARTMENT OF JUSTICE.—Ef20 fective as of the date specified in section 109(a)—

21 (1) the Patent and Trademark Office shall be

22 transferred to the Department of Justice; and

23 (2) all functions which, immediately before such

24 date, are functions of the Secretary of Commerce

25 under title 35, United States Code, or any other
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1 provision of law with respect to the functions of the

2 Patent and Trademark Office, are transferred to the

3 Attorney General.

4 (b) FUNDING.—

5 (1) COSTS PAID FROM FEES.—All costs of the

6 activities of the Patent and Trademark Office shall

7 be paid from fees paid to the Office under title 35,

8 United States Code, the Act of July 5, 1946 (com9 monly known as the ‘‘Trademark Act of 1946’’) (15

10 U.S.C. 1051 and following), section 10101 of the

11 Omnibus Budget Reconciliation Act of 1990 (35

12 U.S.C. 41 note), or other provision of law.

13 (2) FUNDS AVAILABLE WITHOUT APPROPRIA14 TION.—(A) Section 42(c) of title 35, United States

15 Code, is amended by striking ‘‘to carry out, to the

16 extent provided in appropriation Acts,’’ and insert17 ing ‘‘, without appropriation, to carry out’’.

18 (B) Section 10101(b)(2)(B) of the Omnibus

19 Budget Reconciliation Act of 1990 (35 U.S.C. 41

20 note) is amended by striking ‘‘to the extent provided

21 in appropriation Acts’’ and inserting ‘‘without ap22 propriation’’.

23 (c) ADJUSTMENT OF FEES.—Section 41(f) of title

24 31, United States Code, is amended to read as follows:
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1 ‘‘(f) The Commissioner may adjust the fees estab2 lished under this section on October 1 of each year to

3 cover the estimated cost to the activities of the Office.’’.

4 (d) SERVICE OF INCUMBENTS.—Those individuals

5 serving as Commissioner of Patents and Trademarks,

6 Deputy Commissioner of Patents and Trademarks, Assist7 ant Commissioner of Patents, and Assistant Commis8 sioner of Trademarks, immediately before the effective

9 date specified in section 109(a), may continue in such of10 fice on and after such effective date until a successor has

11 taken office. Compensation for any service under this sub12 section shall be at the rate at which the individual was

13 compensated immediately before the effective date speci14 fied in section 109(a).

15 (e) RULE OF CONSTRUCTION.—For purposes of title

16 III, the transfer of the Patent and Trademark Office to

17 the Department of Justice under this section shall be

18 treated as if it involved a transfer of functions from one

19 office to another.

20 (f) TECHNICAL AND CONFORMING AMENDMENTS.—

21 (1) Section 1 of title 35, United States Code,

22 is amended to read as follows:

23 ‘‘§ 1. Establishment

24 ‘‘The Patent and Trademark Office is an agency of

25 the United States within the Department of Justice, where
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1 records, books, drawings, specifications, and other papers

2 and things pertaining to patents and trademark registra3 tions shall be kept and preserved, except as otherwise pro4 vided by law.’’.

5 (2) Title 35, United States Code, is amended by

6 striking ‘‘Secretary of Commerce’’ each place it ap7 pears and inserting ‘‘Attorney General’’.

8 (3) Section 3 of title 35, United States Code,

9 is amended by striking subsection (d).

10 (4) Section 5316 of title 5, United States Code,

11 is amended by striking

12 ‘‘Commissioner of Patents, Department of

13 Commerce.’’

14 and inserting

15 ‘‘Commissioner of Patents and Trademarks.’’.

16 SEC. 206. TECHNOLOGY ADMINISTRATION.

17 (a) TECHNOLOGY ADMINISTRATION.—

18 (1) GENERAL RULE.—Except as otherwise pro19 vided in this section, the Technology Administration

20 shall be terminated on the effective date specified in

21 section 213(a).

22 (2) OFFICE OF TECHNOLOGY POLICY.—The Of23 fice of Technology Policy is hereby terminated.

24 (b) NATIONAL INSTITUTE OF STANDARDS AND

25 TECHNOLOGY.—
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1 (1) GENERAL RULE.—Except as otherwise pro2 vided in this subsection, the National Institute of

3 Standards and Technology (in this subsection re4 ferred to as the ‘‘Institute’’) shall be transferred to

5 the National Science Foundation.

6 (2) FUNCTIONS OF DIRECTOR.—Except as oth7 erwise provided in this subsection, upon the transfer

8 under paragraph (1), the Director of the Institute

9 shall perform all functions relating to the Institute

10 that, immediately before the effective date specified

11 in section 213(a), were functions of the Secretary of

12 Commerce or the Under Secretary of Commerce for

13 Technology, including the administration of section

14 17 of the Stevenson-Wydler Technology Innovation

15 Act of 1980.

16 (3) LABORATORIES.—(A) The laboratories of

17 the Institute shall be transferred to the Commerce

18 Programs Resolution Agency.

19 (B) The Commerce Programs Resolution Agen20 cy shall attempt to sell the property of the labora21 tories of the Institute, within 18 months after the

22 effective date specified in section 213(a), to a private

23 sector entity intending to perform substantially the

24 same functions as were performed by the labora-
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1 tories of the Institute immediately before such effec2 tive date.

3 (C) If no offer to purchase property under sub4 paragraph (B) is received within the 18-month pe5 riod described in such subparagraph, the Commerce

6 Programs Resolution Agency shall submit a report

7 to the Congress containing recommendations on the

8 appropriate disposition of the property and functions

9 of the laboratories of the Institute.

10 (c) NATIONAL TECHNICAL INFORMATION SERV11 ICE.—

12 (1) SALE OF PROPERTY.—The Commerce Pro13 grams Resolution Agency shall attempt to sell the

14 property of the National Technical Information

15 Service, within 18 months after the effective date

16 specified in section 213(a), to a private sector entity

17 intending to perform substantially the same func18 tions as were performed by the National Technical

19 Information Service immediately before such effec20 tive date.

21 (2) RECOMMENDATIONS.—If no offer to pur22 chase property under paragraph (1) is received with23 in the 18-month period described in such paragraph,

24 the Commerce Programs Resolution Agency shall

25 submit a report to the Congress containing rec-
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1 ommendations on the appropriate disposition of the

2 property and functions of the National Technical In3 formation Service.

4 (3) FUNDING.—No Federal funds may be ap5 propriated for the National Technical Information

6 Service for any fiscal year after fiscal year 1995.

7 (d) AMENDMENTS.—

8 (1) NATIONAL INSTITUTE OF STANDARDS AND

9 TECHNOLOGY ACT.—The National Institute of

10 Standards and Technology Act (15 U.S.C. 271 et

11 seq.) is amended—

12 (A) in section 2(b), by striking paragraph

13 (1) and redesignating paragraphs (2) through

14 (11) as paragraphs (1) through (10), respec15 tively;

16 (B) in section 2(d), by striking ‘‘, including

17 the programs established under sections 25, 26,

18 and 28 of this Act’’;

19 (C) in section 10, by striking ‘‘Advanced’’

20 in both the section heading and subsection (a),

21 and inserting in lieu thereof ‘‘Standards and’’;

22 and

23 (D) by striking sections 24, 25, 26, and

24 28.
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1 (2) STEVENSON-WYDLER TECHNOLOGY INNOVA2 TION ACT OF 1980.—The Stevenson-Wydler Tech3 nology Innovation Act of 1980 (15 U.S.C. 3701 et

4 seq.) is amended—

5 (A) in section 3, by striking paragraph (2)

6 and redesignating paragraphs (3) through (5)

7 as paragraphs (2) through (4), respectively;

8 (B) in section 4, by striking paragraphs

9 (1), (4), and (13) and redesignating paragraphs

10 (2), (3), (5), (6), (7), (8), (9), (10), (11), and

11 (12) as paragraphs (1) through (10), respec12 tively;

13 (C) by striking sections 5, 6, 7, 8, 9, and

14 10;

15 (D) in section 11—

16 (i) by striking ‘‘, the Federal Labora17 tory Consortium for Technology Transfer,’’

18 in subsection (c)(3);

19 (ii) by striking ‘‘and the Federal Lab20 oratory Consortium for Technology Trans21 fer’’ in subsection (d)(2);

22 (iii) by striking ‘‘, and refer such re23 quests’’ and all that follows through ‘‘avail24 able to the Service’’ in subsection (d)(3);

25 and
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1 (iv) by striking subsection (e); and

2 (E) in section 17—

3 (i) by striking ‘‘Subject to paragraph

4 (2), separate’’ and inserting in lieu thereof

5 ‘‘Separate’’ in subsection (c)(1);

6 (ii) by striking paragraph (2) of sub7 section (c);

8 (iii) by redesignating paragraph (3) of

9 subsection (c) as paragraph (2); and

10 (iv) by inserting ‘‘administrative’’

11 after ‘‘funds to carry out’’ in subsection

12 (f).

13 SEC. 207. REORGANIZATION OF THE BUREAU OF THE

14 CENSUS.

15 (a) IN GENERAL.—Effective as of the date specified

16 in section 213(a)—

17 (1) the Bureau of the Census shall be trans18 ferred to the Department of the Treasury; and

19 (2) all functions which, immediately before such

20 date, are functions of the Secretary of Commerce

21 under title 13, United States Code, shall be trans22 ferred to the Secretary of the Treasury.

23 (b) INTERIM SERVICE.—The individual serving as the

24 Director of the Census immediately before the reorganiza25 tion under this section takes effect may continue serving
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1 in that capacity until a successor has taken office. Com2 pensation for any service under this subsection shall be

3 at the rate at which such individual was compensated im4 mediately before the effective date of the reorganization.

5 (c) SENSE OF THE CONGRESS.—It is the sense of the

6 Congress that the Bureau of the Census should—

7 (1) make appropriate use of any authority af8 forded to it by the Census Address List Improve9 ment Act of 1994 (Public Law 103–430; 108 Stat.

10 4393), and take measures to ensure the timely im11 plementation of such Act; and

12 (2) streamline census questionnaires to promote

13 savings in the collection and tabulation of data.

14 (d) AMENDMENTS.—Effective as of the date specified

15 in section 213(a)—

16 (1) TRANSFER OF THE BUREAU TO THE DE17 PARTMENT OF THE TREASURY.—(A) Section 2 of

18 title 13, United States Code, is amended by striking

19 ‘‘is continued as’’ through the period and inserting

20 ‘‘is an agency within, and under the jurisdiction of,

21 the Department of the Treasury.’’.

22 (B) Subsection (e) of section 12 of the Act of

23 February 14, 1903 (15 U.S.C. 1511(e)) is repealed.

24 (2) DEFINITION OF SECRETARY.—Title 13,

25 United States Code, is amended in section 1(2) by
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1 striking ‘‘Secretary of Commerce’’ and inserting

2 ‘‘Secretary of the Treasury’’.

3 (3) REFERENCES IN TITLE 13, UNITED STATES

4 CODE, TO THE DEPARTMENT OF COMMERCE.—Title

5 13, United States Code, is amended in sections 4,

6 9(a), 23(b), 24(e), 44, 103, 132, 211, 213(b)(2),

7 221, 222, 223, 224, 225(a), and 241 by striking

8 ‘‘Department of Commerce’’ each place it appears

9 and inserting ‘‘Department of the Treasury’’.

10 (4) PROVISIONS RELATING TO THE SECRETARY

11 OF THE TREASURY.—(A) Section 302 of title 13,

12 United States Code, is amended by striking the last

13 sentence thereof.

14 (B) Section 303 of title 13, United States Code,

15 and the item relating to such section in the analysis

16 for chapter 9 of such title are repealed.

17 (C) Section 304(a) of title 13, United States

18 Code, is amended—

19 (i) by striking ‘‘Secretary of the Treasury’’

20 each place it appears and inserting ‘‘Secretary’’;

21 and

22 (ii) by striking ‘‘Secretary of Commerce’’

23 and inserting ‘‘Secretary’’.
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1 (D)(i) Section 401(a) of title 13, United States

2 Code, is amended by striking ‘‘Secretary of Com3 merce’’ and inserting ‘‘Secretary’’.

4 (ii) Section 8(e) of the Foreign Direct Invest5 ment and International Financial Data Improve6 ments Act of 1990 (22 U.S.C. 3144(e)) is amended

7 by striking ‘‘Secretary of Commerce’’ and inserting

8 ‘‘Secretary of the Treasury’’.

9 (iii) Section 401(a) of title 13, United States

10 Code, is amended by striking ‘‘Department of Com11 merce’’ and inserting ‘‘Federal Reserve System’’.

12 (5) COMPENSATION FOR THE POSITION OF DI13 RECTOR OF THE CENSUS.—Section 5315 of title 5,

14 United States Code, as amended by paragraph (7)

15 of section 108(e), is further amended by inserting

16 (in lieu of the item struck by such paragraph) the

17 following new item:

18 ‘‘Director of the Census, Department of the

19 Treasury.’’.

20 (6) CONFIDENTIALITY.—Section 9 of title 13,

21 United States Code, is amended by adding at the

22 end the following:

23 ‘‘(c)(1) Nothing in subsection (a)(3) shall be consid24 ered to permit the disclosure of any matter or information

25 to an officer or employee of the Department of the Treas-
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1 ury who is not referred to in subchapter II if, immediately

2 before the date specified in section 213(a) of the Depart3 ment of Commerce Dismantling Act, such disclosure (if

4 then made by an officer or employee of the Department

5 of Commerce) would have been impermissible under this

6 section (as then in effect).

7 ‘‘(2) Paragraph (1) shall not apply with respect to

8 any disclosure made to the Secretary.’’.

9 (e) RULE OF CONSTRUCTION.—For purposes of title

10 III, the reorganization of the Bureau of the Census under

11 this section shall be treated as if it involved a transfer

12 of functions from one office to another.

13 SEC. 208. REORGANIZATION OF THE BUREAU OF ECO14 NOMIC ANALYSIS.

15 (a) IN GENERAL.—Effective as of the date specified

16 in section 213(a)—

17 (1) the Bureau of Economic Analysis shall be

18 transferred to the Federal Reserve System; and

19 (2) all functions which, immediately before such

20 date, are functions of the Secretary of Commerce

21 with respect to the Bureau of Economic Analysis

22 shall be transferred to the Chairman of the Board

23 of Governors of the Federal Reserve System.

24 (b) INTERIM SERVICE.—The individual serving as the

25 Director of the Bureau of Economic Analysis immediately
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1 before the reorganization under this section takes effect

2 may continue serving in that capacity until a successor

3 has taken office. Compensation for any service under this

4 subsection shall be at the rate at which such individual

5 was compensated immediately before the effective date of

6 the reorganization.

7 (c) REPORTS.—Not later than 18 months after the

8 date of the enactment of this Act, the Director of the Bu9 reau of Economic Analysis shall submit to the Congress

10 a written report on—

11 (1) the availability of any private sector re12 sources that may be capable of performing any or all

13 of the functions of the Bureau of Economic Analy14 sis, and the feasibility of having any such functions

15 so performed; and

16 (2) the feasibility of implementing a system

17 under which fees may be assessed by the Bureau of

18 Economic Analysis in order to defray the costs of

19 any services performed by the Bureau of Economic

20 Analysis, when such services are performed other

21 than on behalf of the Federal Government or an

22 agency or instrumentality thereof.

23 (d) RULE OF CONSTRUCTION.—For purposes of title

24 III, the reorganization of the Bureau of Economic Analy-
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1 sis under this section shall be treated as if it involved a

2 transfer of functions from one office to another.

3 SEC. 209. TERMINATED FUNCTIONS OF NTIA.

4 The following provisions of law are repealed:

5 (1) Subpart A of part IV of title III of the

6 Communications Act of 1934 (47 U.S.C. 390 et

7 seq.), relating to assistance for public telecommuni8 cations facilities.

9 (2) Subpart B of part IV of title III of the

10 Communications Act of 1934 (47 U.S.C. 394 et

11 seq.), relating to the Endowment for Children’s

12 Educational Television.

13 (3) Subpart C of part IV of title III of the

14 Communications Act of 1934 (47 U.S.C. 395 et

15 seq.), relating to Telecommunications Demonstration

16 grants.

17 SEC. 210. TRANSFER OF SPECTRUM MANAGEMENT FUNC18 TIONS.

19 There are transferred to the Chairman of the Federal

20 Communications Commission all functions of the Sec21 retary of Commerce, the Assistant Secretary of Commerce

22 for Communications and Information, and the National

23 Telecommunications and Information Administration

24 under parts A and B of the National Telecommunication

25 and Information Administration Organization Act.
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1 SEC. 211. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN2 ISTRATION.

3 (a) TERMINATION OF AUTHORITY TO MAKE FISH4 ERIES GRANTS.—No financial assistance may be provided

5 under any of the following laws, except to the extent the

6 provision of that assistance is a contractual obligation of

7 the United States on the day before the effective date of

8 this section:

9 (1) Section 2 of the Act of August 11, 1939

10 (15 U.S.C. 713c–3), popularly known as the

11 ‘‘Saltonstall-Kennedy Act’’.

12 (2) Section 1 of the Act of September 2, 1960

13 (16 U.S.C. 753a).

14 (3) The Antarctic Marine Living Resources

15 Convention Act of 1984 (16 U.S.C. 2431 et seq.).

16 (4) The Anadromous Fish Conservation Act (16

17 U.S.C. 757a et seq.).

18 (5) Provisions of the Magnuson Fishery Con19 servation and Management Act (16 U.S.C. 1801 et

20 seq.) and the Department of Commerce Appropria21 tion Act of 1994 that authorize assistance to State

22 fishery agencies to enhance their data collection and

23 analysis systems to respond to coastwise fisheries

24 management needs.

25 (6) The Interjurisdictional Fisheries Act of

26 1986 (16 U.S.C. 4101 et seq.).
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1 (7) Provisions of the Fish and Wildlife Act of

2 1956 and the Department of Commerce Appropria3 tion Act of 1994 that authorize assistance to State

4 for a cooperative State and Federal partnership to

5 provide a continuing source of fisheries statistics to

6 support fisheries management in the States’ terri7 torial waters and the United States exclusive eco8 nomic zone.

9 (8) Provisions of the Fish and Wildlife Act of

10 1956 and the Department of Commerce Appropria11 tion Act of 1994 that authorize assistance to States

12 for a cooperative program which engages State and

13 Federal agencies in the coordinated collection, man14 agement, and dissemination of fishery-independent

15 information on marine fisheries in support of State

16 territorial waters and the United States exclusive

17 economic zone fisheries management programs.

18 (9) Provisions of the Act of May 11, 1938 (16

19 U.S.C. 756–757), popularly known as the Mitchell

20 Act, and the Department of Commerce Appropria21 tion Act of 1994 that authorize assistance to State

22 fisheries agencies in the Pacific Northwest to protect

23 and enhance salmon and steelhead resources in the

24 region.
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1 (10) Provisions of the Pacific Salmon Treaty

2 Act of 1985 (16 U.S.C. 3631–3644) and the De3 partment of Commerce Appropriation Act of 1994

4 that authorize assistance to States in fulfilling re5 sponsibilities under the Pacific Salmon Treaty by

6 providing administrative, management, and applied

7 research support to the States to meet the needs of

8 the Pacific Salmon Commission and international

9 commitments under the treaty.

10 (11) Provisions of the Marine Mammal Protec11 tion Act of 1972 (16 U.S.C. 1371–1384) and the

12 Department of Commerce Appropriation Act of 1994

13 which authorize assistance to State agencies for the

14 collection and analysis of information on marine

15 mammals that occur in the State waters and inter16 act with State managed fisheries.

17 (12) Provisions of the Pacific Salmon Treaty

18 Act of 1985 (16 U.S.C. 3631–3644) and the De19 partment of Commerce Appropriation Act of 1994

20 that—

21 (A) authorize assistance to States to assist

22 in fulfilling Federal responsibilities under the

23 Pacific Salmon Treaty by restoring Southeast

24 Alaska salmon harvests limited by the treaty
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1 and by restoring salmon stocks as quickly as

2 possible; and

3 (B) help implement a 1989 ‘‘Understand4 ing between the United States and Canadian

5 Sections of the Pacific Salmon Commission

6 Concerning Joint Enhancement of

7 Transboundary River Salmon Stocks’’.

8 (b) TERMINATION OF FISHERIES TRADE PROMOTION

9 PROGRAM.—Section 211 of the Act of December 22, 1989

10 (15 U.S.C. 1511b) is repealed.

11 (c) CONFORMING AMENDMENT TO TERMINATE FISH12 ERIES PROMOTION AND DEVELOPMENT TRANSFERS AND

13 FUNDS.—Section 2(b) of the Act of August 11, 1939 (15

14 U.S.C. 713c–3), popularly known as the ‘‘Saltonstall-Ken15 nedy Act’’, is repealed. Amounts remaining, on the effec16 tive date of this section, in the funds established under

17 that section that are not required for the provision of fi18 nancial assistance that is not otherwise terminated by this

19 section shall revert to the general fund of the Treasury.

20 (d) TERMINATION OF AUTHORITY TO GUARANTEE

21 OBLIGATIONS FOR FISHING VESSEL AND FISHING FACIL22 ITY CONSTRUCTION, ETC.—No new guarantee of an obli23 gation or commitment to guarantee an obligation under

24 title XI of the Merchant Marine Act, 1936 (46 App.

25 U.S.C. 1271 et seq.) may be made under authority that
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1 was vested in the Secretary of Commerce on the day be2 fore the effective date of this section (relating to obliga3 tions for fishing vessels or fishing facilities), except to the

4 extent the making of such a guarantee was a contractual

5 obligation of the United States on the day before that ef6 fective date.

7 (e) TERMINATION OF COMPENSATION UNDER FISH8 ERMEN’S PROTECTIVE ACT OF 1967.—No compensation

9 may be paid under section 10 of the Fishermen’s Protec10 tive Act of 1967 (22 U.S.C. 1980), relating to compensa11 tion for damage, loss, or destruction of fishing vessels or

12 fishing gear, except to the extent the compensation was

13 awarded before the effective date of this section.

14 (f) TERMINATION OF COMPENSATION TO FISHERMEN

15 UNDER OUTER CONTINENTAL SHELF LANDS ACT

16 AMENDMENTS OF 1978.—No compensation may be paid

17 under title IV of the Outer Continental Shelf Lands Act

18 Amendments of 1978 (43 U.S.C. 1841 et seq.), except to

19 the extent the compensation was awarded before the effec20 tive date of this section.

21 (g) TERMINATION OF MISCELLANEOUS RESEARCH

22 FUNCTIONS.—The following functions, as vested in per23 sonnel of the National Oceanic and Atmospheric Adminis24 tration on the day before the effective date of this section,

25 are terminated:
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1 (1) All observation and prediction functions re2 lating to pollution research.

3 (2) All functions relating to estuarine and

4 coastal assessment research.

5 (h) TERMINATION OF NOAA CORPS.—

6 (1) TERMINATION.—The National Oceanic and

7 Atmospheric Administration Corps is terminated,

8 and the assets thereof shall be transferred to the

9 Commerce Programs Resolution Agency.

10 (2) DISPOSITION OF ASSETS.—The Adminis11 trator of the Commerce Programs Resolution Agen12 cy shall attempt to sell the assets of the National

13 Oceanic and Atmospheric Administration Corps,

14 within 18 months after the effective date specified in

15 section 213(a), to a private sector entity intending

16 to perform substantially the same functions as were

17 performed by the National Oceanic and Atmospheric

18 Administration Corps immediately before such effec19 tive date.

20 (3) REPORT.—If no offer to purchase assets

21 under paragraph (2) is received within the 18-month

22 period described in such paragraph, the Commerce

23 Programs Resolution Agency shall submit a report

24 to the Congress containing recommendations on the

25 appropriate disposition of the assets and functions of
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1 the National Oceanic and Atmospheric Administra2 tion Corps.

3 (i) DISPOSAL OF NOAA FLEET.—The Secretary of

4 the Interior—

5 (1) shall cease modernization of the National

6 Oceanic and Atmospheric Administration fleet of

7 vessels and terminate all new construction for that

8 fleet;

9 (2) shall promptly dispose of all assets compris10 ing the National Oceanic and Atmospheric Adminis11 tration fleet; and

12 (3) may not purchase any vessels for the Na13 tional Oceanic and Atmospheric Administration.

14 (j) OFFICE OF OCEANIC AND ATMOSPHERIC RE15 SEARCH.—(1) Except as otherwise provided in paragraph

16 (2) or (3), the Office of Oceanic and Atmospheric Re17 search shall be terminated.

18 (2) Functions relating to weather research of the Of19 fice of Oceanic and Atmospheric Research shall be trans20 ferred to the National Weather Service.

21 (3)(A) The laboratories of the Office of Oceanic and

22 Atmospheric Research shall be transferred to the Com23 merce Programs Resolution Agency.

24 (B) The Commerce Programs Resolution Agency

25 shall attempt to sell the property of the laboratories of
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1 the Office of Oceanic and Atmospheric Research, within

2 18 months after the effective date specified in section

3 213(a), to a private sector entity intending to perform

4 substantially the same functions as were performed by the

5 laboratories of the Office of Oceanic and Atmospheric Re6 search immediately before such effective date.

7 (C) If no offer to purchase property under subpara8 graph (B) is received within the 18-month period de9 scribed in such subparagraph, the Commerce Programs

10 Resolution Agency shall transfer the remaining labora11 tories to the Department of the Interior, which shall sub12 mit a report to the Congress containing recommendations

13 on the appropriate disposition of the property and func14 tions of such laboratories.

15 (k) NAUTICAL AND AERONAUTICAL CHARTING.—(1)

16 The nautical and aeronautical charting functions of the

17 National Oceanic and Atmospheric Administration shall

18 be transferred to the Defense Mapping Agency.

19 (2) The Defense Mapping Agency shall terminate any

20 functions transferred to it under paragraph (1) that are

21 performed by the private sector.

22 (l) NESDIS.—(1)(A) The National Environmental

23 Satellite, Data, and Information System Data Centers

24 shall be transferred to the Commerce Programs Resolu25 tion Agency.
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1 (B) The Commerce Programs Resolution Agency

2 shall attempt to sell the property of the National Environ3 mental Satellite, Data, and Information System Data Cen4 ters, within 18 months after the effective date specified

5 in section 213(a), to a private sector entity intending to

6 perform substantially the same functions as were per7 formed by the National Environmental Satellite, Data,

8 and Information System Data Centers immediately before

9 such effective date.

10 (C) If no offer to purchase property under subpara11 graph (B) is received within the 18-month period de12 scribed in such subparagraph, the Commerce Programs

13 Resolution Agency shall submit a report to the Congress

14 containing recommendations on the appropriate disposi15 tion of the property and functions of the National Envi16 ronmental Satellite, Data, and Information System Data

17 Centers.

18 (2) Functions related to weather satellites of the Na19 tional Environmental Satellite, Data, and Information

20 System shall be transferred to the National Weather Serv21 ice.

22 (m) NATIONAL WEATHER SERVICE.—(1) The Na23 tional Weather Service is hereby transferred to the De24 partment of the Interior.
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1 (2)(A) The National Weather Service shall terminate

2 its specialized agricultural, Marine Radiofax, and forestry

3 weather services, and its Regional Climate Centers.

4 (B) The National Weather Service may terminate any

5 other specialized weather services not required by law to

6 be performed.

7 (n) NATIONAL MARINE FISHERIES SERVICE.—

8 (1) TRANSFER OF ENFORCEMENT FUNC9 TIONS.—There are transferred to the Secretary of

10 Transportation all functions relating to law enforce11 ment that on the day before the effective date of this

12 section were authorized to be performed by the Na13 tional Marine Fisheries Service.

14 (2) TRANSFER OF SCIENCE FUNCTIONS.——

15 There are transferred to the Director of the United

16 States Fish and Wildlife Service all functions relat17 ing to science that on the day before the effective

18 date of this section were authorized to be performed

19 by the National Marine Fisheries Service.

20 (3) TRANSFER OF SEAFOOD INSPECTION FUNC21 TIONS.—There are transferred to the Secretary of

22 Agriculture all functions relating to seafood inspec23 tion that on the day before the effective date of this

24 section were authorized to be performed by the Na25 tional Marine Fisheries Service.
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1 (o) NATIONAL OCEAN SERVICE.—

2 (1) TRANSFER OF GEODESY FUNCTIONS.—

3 There are transferred to the Director of the United

4 States Geological Survey all functions relating to ge5 odesy that on the day before the effective date of

6 this section were authorized to be performed by the

7 National Ocean Service.

8 (2) TRANSFER OF MARINE AND ESTUARINE

9 SANCTUARY FUNCTIONS.—There are transferred to

10 the Secretary of the Interior all functions relating to

11 marine and estuarine sanctuaries that on the day

12 before the effective date of this section were author13 ized to be performed by the National Ocean Service.

14 (p) ENVIRONMENTAL RESEARCH LABORATORIES.—

15 (1) TRANSFER.—The environmental research

16 laboratories of the National Oceanic and Atmos17 pheric Administration (other than laboratories of the

18 Office of Oceanic and Atmospheric Research, re19 ferred to in subsection (j)) shall be transferred to

20 the Commerce Programs Resolution Agency.

21 (2) DISPOSAL.—The Commerce Programs Res22 olution Agency shall attempt to sell the property of

23 the laboratories transferred under paragraph (1),

24 within 18 months after the effective date specified in

25 section 213(a), to a private sector entity intending
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1 to perform substantially the same functions as were

2 performed by the laboratories before such effective

3 date.

4 (3) REPORT.—If no offer to purchase property

5 under paragraph (2) is received within the 18-month

6 period described in such paragraph, the Commerce

7 Programs Resolution Agency shall submit a report

8 to the Congress containing recommendations on the

9 appropriate disposition of the property and functions

10 of the laboratories transferred under paragraph (1).

11 SEC. 212. MISCELLANEOUS ABOLISHMENTS.

12 The following agencies and programs of the Depart13 ment of Commerce are abolished, and the functions of

14 those agencies or programs are abolished except to the ex15 tent otherwise provided in this Act:

16 (1) The Economic Development Administration.

17 (2) The Minority Business Development Admin18 istration.

19 (3) The United States Travel and Tourism Ad20 ministration.

21 (4) The National Telecommunications and In22 formation Administration.

23 (5) The Advanced Technology Program under

24 section 28 of the National Institute of Standards

25 and Technology Act (15 U.S.C. 278n).
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1 (6) The Manufacturing Extension Programs

2 under sections 25 and 26 of the National Institute

3 of Standards and Technology Act (15 U.S.C. 278k

4 and 278l).

5 SEC. 213. EFFECTIVE DATE.

6 (a) IN GENERAL.—Except as provided in subsection

7 (b), this title shall take effect on the effective date speci8 fied in section 109(a).

9 (b) PROVISIONS EFFECTIVE ON DATE OF ENACT10 MENT.—The following provisions of this title shall take ef11 fect on the date of the enactment of this Act:

12 (1) Section 201.

13 (2) Section 206 (a)(2) and (d).

14 (3) Section 212.

15 SEC. 214. SENSE OF CONGRESS REGARDING USER FEES.

16 It is the sense of the Congress that the head of each

17 agency that performs a function vested in the agency by

18 this Act should, wherever feasible, explore and implement

19 user fees for the provision of services in the performance

20 of that function, to offset operating costs.

21 TITLE III—MISCELLANEOUS

22 PROVISIONS

23 SEC. 301. REFERENCES.

24 Any reference in any other Federal law, Executive

25 order, rule, regulation, or delegation of authority, or any
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1 document of or pertaining to an office from which a func2 tion is transferred by this Act—

3 (1) to the Secretary of Commerce or an officer

4 of the Department of Commerce, is deemed to refer

5 to the head of the department or office to which

6 such function is transferred; or

7 (2) to the Department of Commerce or an

8 agency in the Department of Commerce is deemed

9 to refer to the department or office to which such

10 function is transferred.

11 SEC. 302. EXERCISE OF AUTHORITIES.

12 Except as otherwise provided by law, a Federal offi13 cial to whom a function is transferred by this Act may,

14 for purposes of performing the function, exercise all au15 thorities under any other provision of law that were avail16 able with respect to the performance of that function to

17 the official responsible for the performance of the function

18 immediately before the effective date of the transfer of the

19 function under this Act.

20 SEC. 303. SAVINGS PROVISIONS.

21 (a) LEGAL DOCUMENTS.—All orders, determinations,

22 rules, regulations, permits, grants, loans, contracts, agree23 ments, certificates, licenses, and privileges—

24 (1) that have been issued, made, granted, or al25 lowed to become effective by the President, the Sec-
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1 retary of Commerce, any officer or employee of any

2 office transferred by this Act, or any other Govern3 ment official, or by a court of competent jurisdic4 tion, in the performance of any function that is

5 transferred by this Act, and

6 (2) that are in effect on the effective date of

7 such transfer (or become effective after such date

8 pursuant to their terms as in effect on such effective

9 date),

10 shall continue in effect according to their terms until

11 modified, terminated, superseded, set aside, or revoked in

12 accordance with law by the President, any other author13 ized official, a court of competent jurisdiction, or operation

14 of law.

15 (b) PROCEEDINGS.—This Act shall not affect any

16 proceedings or any application for any benefits, service,

17 license, permit, certificate, or financial assistance pending

18 on the date of the enactment of this Act before an office

19 transferred by this Act, but such proceedings and applica20 tions shall be continued. Orders shall be issued in such

21 proceedings, appeals shall be taken therefrom, and pay22 ments shall be made pursuant to such orders, as if this

23 Act had not been enacted, and orders issued in any such

24 proceeding shall continue in effect until modified, termi25 nated, superseded, or revoked by a duly authorized official,
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1 by a court of competent jurisdiction, or by operation of

2 law. Nothing in this subsection shall be considered to pro3 hibit the discontinuance or modification of any such pro4 ceeding under the same terms and conditions and to the

5 same extent that such proceeding could have been discon6 tinued or modified if this Act had not been enacted.

7 (c) SUITS.—This Act shall not affect suits com8 menced before the date of the enactment of this Act, and

9 in all such suits, proceeding shall be had, appeals taken,

10 and judgments rendered in the same manner and with the

11 same effect as if this Act had not been enacted.

12 (d) NONABATEMENT OF ACTIONS.—No suit, action,

13 or other proceeding commenced by or against the Depart14 ment of Commerce or the Secretary of Commerce, or by

15 or against any individual in the official capacity of such

16 individual as an officer or employee of an office trans17 ferred by this Act, shall abate by reason of the enactment

18 of this Act.

19 (e) CONTINUANCE OF SUITS.—If any officer of the

20 Department of Commerce or the Commerce Programs

21 Resolution Agency in the official capacity of such officer

22 is party to a suit with respect to a function of the officer,

23 and under this Act such function is transferred to any

24 other officer or office, then such suit shall be continued
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1 with the other officer or the head of such other office, as

2 applicable, substituted or added as a party.

3 SEC. 304. TRANSFER OF ASSETS.

4 Except as otherwise provided in this Act, so much

5 of the personnel, property, records, and unexpended bal6 ances of appropriations, allocations, and other funds em7 ployed, used, held, available, or to be made available in

8 connection with a function transferred to an official or

9 agency by this Act shall be available to the official or the

10 head of that agency, respectively, at such time or times

11 as the Director of the Office of Management and Budget

12 directs for use in connection with the functions trans13 ferred.

14 SEC. 305. DELEGATION AND ASSIGNMENT.

15 Except as otherwise expressly prohibited by law or

16 otherwise provided in this Act, an official to whom func17 tions are transferred under this Act (including the head

18 of any office to which functions are transferred under this

19 Act) may delegate any of the functions so transferred to

20 such officers and employees of the office of the official as

21 the official may designate, and may authorize successive

22 redelegations of such functions as may be necessary or ap23 propriate. No delegation of functions under this section

24 or under any other provision of this Act shall relieve the
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1 official to whom a function is transferred under this Act

2 of responsibility for the administration of the function.

3 SEC. 306. AUTHORITY OF ADMINISTRATOR WITH RESPECT

4 TO FUNCTIONS TRANSFERRED.

5 (a) DETERMINATIONS.—If necessary, the Adminis6 trator shall make any determination of the functions that

7 are transferred under this Act.

8 (b) INCIDENTAL TRANSFERS.—The Administrator,

9 at such time or times as the Administrator shall provide,

10 may make such determinations as may be necessary with

11 regard to the functions transferred by this Act, and to

12 make such additional incidental dispositions of personnel,

13 assets, liabilities, grants, contracts, property, records, and

14 unexpended balances of appropriations, authorizations, al15 locations, and other funds held, used, arising from, avail16 able to, or to be made available in connection with such

17 functions, as may be necessary to carry out the provisions

18 of this Act. The Administrator shall provide for the termi19 nation of the affairs of all entities terminated by this Act

20 and for such further measures and dispositions as may

21 be necessary to effectuate the purposes of this Act.

22 SEC. 307. PROPOSED CHANGES IN LAW.

23 Not later than one year after the date of the enact24 ment of this Act, the Director of the Office of Manage25 ment and Budget shall submit to the Congress a descrip-
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1 tion of any changes in Federal law necessary to reflect

2 abolishments, transfers, terminations, and disposals under

3 this Act.

4 SEC. 308. CERTAIN VESTING OF FUNCTIONS CONSIDERED

5 TRANSFERS.

6 For purposes of this Act, the vesting of a function

7 in a department or office pursuant to reestablishment of

8 an office shall be considered to be the transfer of the

9 function.

10 SEC. 309. DEFINITIONS.

11 For purposes of this Act, the following definitions

12 apply:

13 (1) ADMINISTRATOR.—The term ‘‘Adminis14 trator’’ means the Administrator of the Commerce

15 Programs Resolution Agency.

16 (2) AGENCY.—The term ‘‘Agency’’ means the

17 Commerce Programs Resolution Agency.

18 (3) FUNCTION.—The term ‘‘function’’ includes

19 any duty, obligation, power, authority, responsibility,

20 right, privilege, activity, or program.

21 (4) OFFICE.—The term ‘‘office’’ includes any

22 office, administration, agency, bureau, institute,

23 council, unit, organizational entity, or component

24 thereof.
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1 (5) WIND-UP PERIOD.—The term ‘‘wind-up pe2 riod’’ means the period beginning on the effective

3 date specified in section 109(a) and ending on the

4 termination date specified in section 106(d).

5 SEC. 310. LIMITATION ON ANNUAL EXPENDITURES FOR

6 CONTINUED FUNCTIONS.

7 The amount expended by the United States each fis8 cal year for performance of a function which immediately

9 before the effective date of this section was authorized to

10 be performed by an agency, officer, or employee of the De11 partment of Commerce may not exceed 75 percent of the

12 total amount expended by the United States for perform13 ance of that function during fiscal year 1994.

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