II 

113TH CONGRESS 

1ST SESSION S. 1836 

To merge the Department of Labor, the Department of Commerce, and 

the Small Business Administration to establish a Department of Commerce and the Workforce, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 17, 2013 

Mr. BURR (for himself, Mr. COATS, and Mr. INHOFE) introduced the following 

bill; which was read twice and referred to the Committee on Homeland 

Security and Governmental Affairs 

A BILL 

To merge the Department of Labor, the Department of 

Commerce, and the Small Business Administration to 

establish a Department of Commerce and the Workforce, 

and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Department of Commerce and the Workforce Consolida6 tion Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—ESTABLISHMENT OF DEPARTMENT 

Sec. 101. Establishment. 

Sec. 102. Office of the Secretary. 

Sec. 103. Office of the Workforce. 

Sec. 104. Patent and Trademark Office. 

Sec. 105. Small Business Administration. 

Sec. 106. Office of Economic Affairs and Statistics. 

Sec. 107. National Institute of Standards and Technology. 

Sec. 108. International Trade Administration. 

Sec. 109. Bureau of Industry and Security. 

Sec. 110. Other offices. 

Sec. 111. Inspector General. 

Sec. 112. Performance of specific functions. 

TITLE II—TRANSFER OF FUNCTIONS 

Sec. 201. Transfer of functions to Department. 

Sec. 202. Transfer of functions to Department of the Interior. 

Sec. 203. Transfer of functions to Bureau of International Labor Affairs. 

TITLE III—ADMINISTRATIVE PROVISIONS 

Subtitle A—Personnel Provisions 

Sec. 311. Officers and employees. 

Sec. 312. Experts and consultants. 

Sec. 313. Advisory committees. 

Subtitle B—General Administrative Provisions 

Sec. 321. General authority. 

Sec. 322. Delegation. 

Sec. 323. Reorganization. 

Sec. 324. Rules. 

Sec. 325. Subpoena. 

Sec. 326. Contracts. 

Sec. 327. Facilities construction. 

Sec. 328. Use of facilities. 

Sec. 329. Field offices. 

Sec. 330. Copyrights. 

Sec. 331. Capital fund. 

Sec. 332. Seal of Department. 

Sec. 333. Annual report. 

Sec. 334. Transfer of funds. 

TITLE IV—TRANSITIONAL, SAVINGS, AND CONFORMING 

PROVISIONS 

Sec. 401. Transfer and allocations of appropriations and personnel. 

Sec. 402. Effect on personnel. 

Sec. 403. Agency terminations. 

Sec. 404. Incidental transfers. 

Sec. 405. Savings provisions. 

Sec. 406. Reference. 


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Sec. 407. Presidential authority. 

Sec. 408. Transition. 

Sec. 409. Administrative amendments. 

Sec. 410. Director of Office of Personnel Management report. 

Sec. 411. Investigations and reports on duplicative programs and activities. 

TITLE V—EFFECTIVE DATE AND INTERIM APPOINTMENTS 

Sec. 501. Effective date. 

Sec. 502. Interim appointments. 

TITLE VI—ELIMINATION AND REDUCTION OF PROGRAMS 

Sec. 601. Elimination of programs. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ASSETS.—The term ‘‘assets’’ includes con4 tracts, facilities, property, records, unobligated or 

5 unexpended balances of appropriations, and other 

6 funds or resources (other than personnel). 

7 (2) DEPARTMENT.—The term ‘‘Department’’ 

8 means the Department of Commerce and the Work9 force. 

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

11 any authority, power, right, privilege, immunity, pro12 gram, project, activity, duty, and responsibility. 

13 (4) PERFORM.—The term ‘‘perform’’, with re14 spect to a function, includes— 

15 (A) the undertaking, fulfillment, or execu16 tion of any duty or obligation; and 

17 (B) the exercise of any power, authority, 

18 right, or privilege. 


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1 (5) PERSONNEL.—The term ‘‘personnel’’ means 

2 officers and employees. 

3 (6) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Commerce and the Workforce. 

5 TITLE I—ESTABLISHMENT OF 

6 DEPARTMENT 

7 SEC. 101. ESTABLISHMENT. 

8 (a) ESTABLISHMENT.—There is established an execu9 tive department to be known as the Department of Com10 merce and the Workforce. 

11 (b) MISSION.—The primary mission of the Depart12 ment shall be to advance economic growth and jobs and 

13 opportunities for the people of the United States by— 

14 (1) driving United States competitiveness in the 

15 global marketplace; 

16 (2) ensuring a competitive economic climate 

17 that is conducive to the development, growth, and 

18 expansion of small businesses; and 

19 (3) promoting and developing the safety and 

20 welfare of the wage earners, job seekers, and retirees 

21 of the United States. 

22 (c) SECRETARY.—The head of the Department shall 

23 be the Secretary of Commerce and the Workforce, who 

24 shall be appointed by the President, by and with the advice 

25 and consent of the Senate. 


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1 (d) ADMINISTRATION.—The Department shall be ad2 ministered, in accordance with this Act, under the super3 vision and direction of the Secretary. 

4 SEC. 102. OFFICE OF THE SECRETARY. 

5 (a) DEPUTY SECRETARY.— 

6 (1) APPOINTMENT.—There shall be in the Of7 fice of the Secretary a Deputy Secretary of Com8 merce and the Workforce, who shall be appointed by 

9 the President, by and with the advice and consent 

10 of the Senate. 

11 (2) TEMPORARY ASSUMPTION OF DUTIES OF

12 SECRETARY.—The Deputy Secretary shall perform 

13 the duties of the Secretary— 

14 (A) in case of the death, resignation, or re15 moval from office of the Secretary, until a suc16 cessor is appointed; and 

17 (B) in case of the absence or sickness of 

18 the Secretary, until the termination of such ab19 sence or sickness. 

20 (b) OFFICES IN THE OFFICE OF THE SECRETARY.— 

21 There shall be in the Office of the Secretary— 

22 (1) the Office of Public Liaison and Special As23 sistance; 

24 (2) the Office of Legislative and Intergovern25 mental Affairs; 


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1 (3) the Office of the Executive Secretariat; and 

2 (4) the Office of Community and Public Affairs. 

3 (c) GENERAL COUNSEL.— 

4 (1) APPOINTMENT.—There shall be in the De5 partment a General Counsel, who shall be appointed 

6 by the President, by and with the advice and consent 

7 of the Senate. 

8 (2) SOLICITOR.—The Secretary shall appoint, 

9 in the Office of the General Counsel, a Solicitor of 

10 Commerce and the Workforce. 

11 (d) ASSISTANT SECRETARIES.—The President shall 

12 appoint, by and with the advice and consent of the Senate, 

13 in the Office of the Secretary— 

14 (1) an Assistant Secretary for Policy, who shall 

15 be the head of the Office of Policy; and 

16 (2) an Assistant Secretary for Legislative and 

17 Intergovernmental Affairs, who shall be the head of 

18 the Office of Legislative and Intergovernmental Af19 fairs. 

20 (e) DIRECTORS.—The Secretary shall appoint, in the 

21 Office of the Secretary— 

22 (1) an Executive Secretariat Director, who shall 

23 be the head of the Office of the Executive Secre24 tariat; and 


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1 (2) a Community and Public Affairs Director, 

2 who shall be the head of the Office of Community 

3 and Public Affairs. 

4 (f) OTHER OFFICERS.—To assist the Secretary in the 

5 performance of the functions of the Department, the Sec6 retary shall appoint, as officers of the Department— 

7 (1) a Chief of Staff; 

8 (2) a Chief Financial Officer; and 

9 (3) a Chief Information Officer. 

10 SEC. 103. OFFICE OF THE WORKFORCE. 

11 (a) ESTABLISHMENT.—There shall be in the Depart12 ment an Office of the Workforce. 

13 (b) UNDER SECRETARY.—The head of the Office of 

14 the Workforce shall be the Under Secretary of the Work15 force, who shall be appointed by the President, by and 

16 with the advice and consent of the Senate. 

17 (c) BOARDS, ADMINISTRATIONS, AND OFFICES.— 

18 There shall be in the Office of the Workforce— 

19 (1) the Administrative Review Board; 

20 (2) the Benefits Review Board; 

21 (3) the Occupational Safety and Health Admin22 istration; 

23 (4) the Office of Workers Compensation Pro24 grams; 

25 (5) the Wage and Hour Division; 


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1 (6) the Employee Benefits and Security Admin2 istration; 

3 (7) the Mine Safety and Health Administration; 

4 (8) the Office of Labor-Management Standards; 

5 (9) the Veterans’s Employment and Training 

6 Service; and 

7 (10) the Office of Disability Employment Pol8 icy. 

9 SEC. 104. PATENT AND TRADEMARK OFFICE. 

10 (a) ESTABLISHMENT.—There shall be in the Depart11 ment the Patent and Trademark Office. 

12 (b) UNDER SECRETARY.—The head of the Patent 

13 and Trademark Office shall be the Under Secretary for 

14 Intellectual Property, who shall be appointed by the Presi15 dent, by and with the advice and consent of the Senate. 

16 SEC. 105. SMALL BUSINESS ADMINISTRATION. 

17 (a) ESTABLISHMENT.—There shall be in the Depart18 ment the Small Business Administration. 

19 (b) UNDER SECRETARY.—The head of the Small 

20 Business Administration shall be the Under Secretary of 

21 Small Business, who shall be appointed by the President, 

22 by and with the advice and consent of the Senate. 

23 (c) DEPUTY UNDER SECRETARY.—There shall be in 

24 the Small Business Administration a Deputy Under Sec25 retary of Small Business, who shall be appointed by the 


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1 President, by and with the advice and consent of the Sen2 ate. 

3 (d) ASSISTANT SECRETARIES.—To assist the Under 

4 Secretary of Small Business in the performance of the du5 ties of the Small Business Administration, the Under Sec6 retary of Small Business shall appoint 4 Assistant Secre7 taries. 

8 SEC. 106. OFFICE OF ECONOMIC AFFAIRS AND STATISTICS. 

9 (a) ESTABLISHMENT.—There shall be in the Depart10 ment an Office of Economic Affairs and Statistics. 

11 (b) UNDER SECRETARY.—The head of the Office of 

12 Economic Affairs and Statistics shall be the Under Sec13 retary for Economic Affairs and Statistics, who shall be 

14 appointed by the President, by and with the advice and 

15 consent of the Senate. 

16 (c) BUREAUS.—There shall be in the Office of Eco17 nomic Affairs and Statistics— 

18 (1) the Bureau of the Census; and 

19 (2) the Bureau of Economic Analysis. 

20 (d) OFFICERS.—The Secretary, after consultation 

21 with the Under Secretary for Economic Affairs and Statis22 tics, shall appoint, in the Office of Economic Affairs and 

23 Statistics— 

24 (1) a Chief Economist; 


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1 (2) a Director of the Bureau of the Census, 

2 who shall be the head of the Bureau of the Census; 

3 and 

4 (3) a Director of the Bureau of Economic Anal5 ysis, who shall be the head of the Bureau of Eco6 nomic Analysis. 

7 SEC. 107. NATIONAL INSTITUTE OF STANDARDS AND TECH8 NOLOGY. 

9 (a) ESTABLISHMENT.—There shall be in the Depart10 ment the National Institute of Standards and Technology. 

11 (b) UNDER SECRETARY.—The head of the National 

12 Institute of Standards and Technology shall be the Under 

13 Secretary for Standards and Technology, who shall be ap14 pointed by the President, by and with the advice and con15 sent of the Senate. 

16 (c) NATIONAL TECHNICAL INFORMATION SERV17 ICE.—The National Technical Information Service shall 

18 be a component of the National Institute of Standards and 

19 Technology. 

20 SEC. 108. INTERNATIONAL TRADE ADMINISTRATION. 

21 (a) ESTABLISHMENT.—There shall be in the Depart22 ment the International Trade Administration. 

23 (b) UNDER SECRETARY.—The head of the Inter24 national Trade Administration shall be the Under Sec25 retary for International Trade, who shall be appointed by 


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1 the President, by and with the advice and consent of the 

2 Senate. 

3 (c) ASSISTANT SECRETARIES.—The President shall 

4 appoint, by and with the advice and consent of the Senate, 

5 4 Assistant Secretaries in the International Trade Admin6 istration, including— 

7 (1) an Assistant Secretary for Market Access 

8 and Compliance; 

9 (2) an Assistant Secretary for Import Adminis10 tration; 

11 (3) an Assistant Secretary for Trade Pro12 motion; and 

13 (4) an Assistant Secretary for Manufacturing 

14 and Services. 

15 (d) BUREAU OF INTERNATIONAL LABOR AFFAIRS.— 

16 The Bureau of International Labor Affairs shall be a com17 ponent of the International Trade Administration. 

18 SEC. 109. BUREAU OF INDUSTRY AND SECURITY. 

19 (a) ESTABLISHMENT.—There shall be in the Depart20 ment a Bureau of Industry and Security. 

21 (b) UNDER SECRETARY.—The head of the Bureau of 

22 Industry and Security shall be the Under Secretary for 

23 Industry and Security, who shall be appointed by the 

24 President, by and with the advice and consent of the Sen25 ate. 


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1 (c) ASSISTANT SECRETARIES.—There shall be in the 

2 Bureau of Industry and Security, who shall each be ap3 pointed by the President, by and with the advice and con4 sent of the Senate— 

5 (1) an Assistant Secretary for Export Adminis6 tration; and 

7 (2) an Assistant Secretary for Manufacturing 

8 Services. 

9 SEC. 110. OTHER OFFICES. 

10 (a) ECONOMIC DEVELOPMENT AND TRAINING AD11 MINISTRATION.— 

12 (1) ESTABLISHMENT.—There shall be in the 

13 Department the Economic Development and Train14 ing Administration. 

15 (2) ASSISTANT SECRETARY.—The head of the 

16 Economic Development and Training Administration 

17 shall be the Assistant Secretary for Economic Devel18 opment and Training, who shall be appointed by the 

19 President, by and with the advice and consent of the 

20 Senate. 

21 (b) COMMUNICATIONS AND INFORMATION ADMINIS22 TRATION.— 

23 (1) ESTABLISHMENT.—There shall be in the 

24 Department the Communications and Information 

25 Administration. 


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1 (2) ASSISTANT SECRETARY.—The head of the 

2 Communications and Information Administration 

3 shall be the Assistant Secretary for Communications 

4 and Information, who shall be appointed by the 

5 President, by and with the advice and consent of the 

6 Senate. 

7 SEC. 111. INSPECTOR GENERAL. 

8 There shall be an Inspector General of the Depart9 ment, who shall be appointed as provided in section 3(a) 

10 of the Inspector General Act of 1978 (5 U.S.C. App.). 

11 SEC. 112. PERFORMANCE OF SPECIFIC FUNCTIONS. 

12 Subject to this Act, each officer of the Department 

13 shall perform the functions specified by law for the office 

14 of the official or prescribed by the Secretary. 

15 TITLE II—TRANSFER OF 

16 FUNCTIONS 

17 SEC. 201. TRANSFER OF FUNCTIONS TO DEPARTMENT. 

18 (a) IN GENERAL.—Except as otherwise specifically 

19 provided in this title— 

20 (1) all functions of the Department of Com21 merce and the Department of Labor are transferred 

22 to the Department; and 

23 (2) all functions of the Secretary of Commerce 

24 and the Secretary of Labor are transferred to the 

25 Secretary. 


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1 (b) DEPUTY SECRETARY OF COMMERCE AND THE

2 WORKFORCE.—There are transferred to the Deputy Sec3 retary of Commerce and the Workforce all functions of 

4 the Deputy Secretary of Commerce and the Deputy Sec5 retary of Labor. 

6 (c) GENERAL COUNSEL.—There are transferred to 

7 the General Counsel of the Department all the functions 

8 of the General Counsel of the Department of Commerce, 

9 the Solicitor of Labor, and the General Counsel of the 

10 Small Business Administration. 

11 (d) OFFICE OF POLICY.—There are transferred to 

12 the Assistant Secretary for Policy of the Department all 

13 functions of the Office of Policy and Strategic Planning 

14 of the Department of Commerce and the Assistant Sec15 retary for Policy of the Department of Labor. 

16 (e) OFFICE OF LEGISLATIVE AND INTERGOVERN17 MENTAL AFFAIRS.—There are transferred to the Assist18 ant Secretary for Legislative and Intergovernmental Af19 fairs of the Department all functions of the Assistant Sec20 retary for Legislative and Intergovernmental Affairs of the 

21 Department of Commerce, the Office of Congressional and 

22 Inter-Governmental Affairs of the Department of Labor, 

23 and the Office of Congressional and Legislative Affairs of 

24 the Small Business Administration. 


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1 (f) EXECUTIVE SECRETARIAT.—There are trans2 ferred to the Office of the Executive Secretariat of the 

3 Department all functions of the Executive Secretariat of 

4 the Department of Commerce, the Executive Secretariat 

5 of the Department of Labor, and the Executive Secre6 tariat of the Small Business Administration. 

7 (g) OFFICE OF PUBLIC LIAISON AND SPECIAL AS8 SISTANCE.—There are transferred to the Office of Public 

9 Liaison and Special Assistance of the Department all 

10 functions of the Minority Business Development Agency 

11 of the Department of Commerce and the Women’s Bureau 

12 of the Department of Labor. 

13 (h) OFFICE OF COMMUNITY AND PUBLIC AFFAIRS.— 

14 There are transferred to the Office of Community and 

15 Public Affairs of the Department all functions of— 

16 (1) the Office of Public Affairs of the Depart17 ment of Commerce; 

18 (2) the Office of Public Affairs and the Center 

19 for Faith-based and Neighborhood Partnerships of 

20 the Department of Labor; and 

21 (3) the Office of Communications and Public 

22 Liaison and the Office of Faith Based and Neigh23 borhood Partnerships of the Small Business Admin24 istration. 


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1 (i) CHIEF OF STAFF.—There are transferred to the 

2 Chief of Staff of the Department all functions of the Chief 

3 of Staff of the Department of Commerce, the Chief of 

4 Staff of the Department of Labor, and the Chief of Staff 

5 of the Small Business Administration. 

6 (j) CHIEF FINANCIAL OFFICER.—There are trans7 ferred to the Chief Financial Officer of the Department 

8 all functions of the Chief Financial Officer and Assistant 

9 Secretary for Administration, the Chief Financial Officer 

10 of the Department of Labor, and the Chief Financial Offi11 cer of the Small Business Administration. 

12 (k) CHIEF INFORMATION OFFICER.—There are 

13 transferred to the Chief Information Officer of the De14 partment all functions of the Chief Information Officer of 

15 the Department of Commerce and the Chief Information 

16 Officer of the Small Business Administration. 

17 (l) OFFICE OF THE WORKFORCE.—There are trans18 ferred to the Office of the Workforce all functions of the 

19 Department of Labor. 

20 (m) PATENT AND TRADEMARK OFFICE.—There are 

21 transferred to the Under Secretary for Intellectual Prop22 erty of the Department all functions of the United States 

23 Patent and Trademark Office. 

24 (n) SMALL BUSINESS ADMINISTRATION.—There are 

25 transferred to the Under Secretary of Small Business, the 


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1 Deputy Under Secretary of Small Business, the Assistant 

2 Secretaries of the Small Business Administration, and the 

3 Small Business Administration of the Department all 

4 functions of the Administrator of Small Business, the 

5 Deputy Administrator of Small Business, the Associate 

6 Administrators of the Small Business Administration, and 

7 the Small Business Administration, respectively. 

8 (o) NATIONAL INSTITUTE OF STANDARDS AND

9 TECHNOLOGY.—There are transferred to the Under Sec10 retary for Standards and Technology of the Department 

11 all functions of the National Institute of Standards and 

12 Technology of the Department of Commerce. 

13 (p) OFFICE OF ECONOMIC AFFAIRS AND STATIS14 TICS.—There are transferred to the Under Secretary for 

15 Economic Affairs and Statistics all functions of the Eco16 nomics and Statistics Administration of the Department 

17 of Commerce and the Bureau of Labor Statistics of the 

18 Department of Labor. 

19 (q) CHIEF ECONOMIST.—There are transferred to 

20 the Chief Economist of the Department all functions of 

21 the Chief Economist of the Department of Commerce and 

22 the Chief Economist of the Department of Labor. 

23 (r) BUREAU OF INDUSTRY AND SECURITY.—There 

24 are transferred to the Under Secretary of Industry and 


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1 Security of the Department all functions of the Bureau 

2 of Industry and Security of the Department of Commerce. 

3 (s) ECONOMIC DEVELOPMENT AND TRAINING AD4 MINISTRATION.—There are transferred to the Economic 

5 Development and Training Administration of the Depart6 ment all functions of the Economic Development Adminis7 tration of the Department of Commerce and the Employ8 ment and Training Administration of the Department of 

9 Labor. 

10 SEC. 202. TRANSFER OF FUNCTIONS TO DEPARTMENT OF 

11 THE INTERIOR. 

12 (a) IN GENERAL.—There are transferred to the Sec13 retary of the Interior all functions of the National Oceanic 

14 and Atmospheric Administration. 

15 (b) NATIONAL MARINE FISHERIES SERVICE.—There 

16 are transferred to the United States Fish and Wildlife 

17 Service all functions of the National Marine Fisheries 

18 Service of the National Oceanic and Atmospheric Adminis19 tration. 

20 SEC. 203. TRANSFER OF FUNCTIONS TO BUREAU OF INTER21 NATIONAL LABOR AFFAIRS. 

22 There are transferred to the International Trade Ad23 ministration all functions of the Bureau of International 

24 Labor Affairs. 


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1 TITLE III—ADMINISTRATIVE 

2 PROVISIONS 

3 Subtitle A—Personnel Provisions 

4 SEC. 311. OFFICERS AND EMPLOYEES. 

5 The Secretary may appoint and fix the compensation 

6 of such officers and employees, including attorneys, as the 

7 Secretary determines necessary to carry out the functions 

8 of the Department in accordance with chapters 33 and 

9 53 of title 5, United States Code. 

10 SEC. 312. EXPERTS AND CONSULTANTS. 

11 The Secretary may obtain services authorized by sec12 tion 3109 of title 5, United States Code, at rates not to 

13 exceed the daily rate prescribed for grade GS–15 of the 

14 General Schedule under section 5332 of title 5, United 

15 States Code, for persons employed intermittently in Gov16 ernment service. 

17 SEC. 313. ADVISORY COMMITTEES. 

18 (a) IN GENERAL.—The Secretary may establish in 

19 accordance with the Federal Advisory Committee Act (5 

20 U.S.C. App.) such advisory committees as the Secretary 

21 determines necessary to assist in the performance of the 

22 duties of the Secretary. 

23 (b) TRAVEL EXPENSES.—Members of an advisory 

24 committee established under subsection (a), other than 

25 full-time employees of the Federal Government, may be 


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1 allowed travel expenses, including per diem in lieu of sub2 sistence, as authorized by section 5703 of title 5, United 

3 States Code, while attending meetings of the advisory 

4 committee or otherwise serving at the request of the Sec5 retary away from the homes or places of business of the 

6 members. 

7 Subtitle B—General Administrative 

8 Provisions 

9 SEC. 321. GENERAL AUTHORITY. 

10 To the extent appropriate to perform any function 

11 transferred by this Act, the Secretary or any officer or 

12 employee of the Department may exercise, in carrying out 

13 the function so transferred, any authority available by law 

14 (including appropriations Acts) to the official or agency 

15 from which the function was transferred. 

16 SEC. 322. DELEGATION. 

17 Except as otherwise expressly prohibited by law, and 

18 except as otherwise provided in this Act, the Secretary 

19 may, as the Secretary determines to be appropriate— 

20 (1) delegate any functions to officers or employ21 ees of the Department; and 

22 (2) authorize successive redelegations of func23 tions within the Department. 


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1 SEC. 323. REORGANIZATION. 

2 (a) IN GENERAL.—Subject to subsection (b), the Sec3 retary may establish, alter, consolidate, or discontinue 

4 such organizational units or components within the De5 partment as the Secretary determines to be appropriate. 

6 (b) LIMITATIONS.—The authority of the Secretary 

7 under subsection (a) shall not extend to— 

8 (1) the abolition of any organizational unit or 

9 component established by this Act; or 

10 (2) the transfer of any function vested by this 

11 Act in any organizational unit or component. 

12 SEC. 324. RULES. 

13 The Secretary may promulgate such procedural and 

14 administrative regulations as the Secretary determines to 

15 be appropriate to administer and manage the functions of 

16 the Secretary under this Act. 

17 SEC. 325. SUBPOENA. 

18 For the purpose of carrying out this Act, the Sec19 retary (or a designee) shall have the same powers and au20 thorities as the Federal Trade Commission under section 

21 9 of the Federal Trade Commission Act (15 U.S.C. 49) 

22 with respect to all functions vested in, or transferred or 

23 delegated to, the Secretary by this Act. 

24 SEC. 326. CONTRACTS. 

25 (a) IN GENERAL.—The Secretary may enter into and 

26 perform such contracts, leases, cooperative agreements, or 


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1 other similar transactions with public agencies, private or2 ganizations, and individuals, and make such payments (in 

3 lump sum or installments, and by way of advance or reim4 bursement), as the Secretary determines to be appropriate 

5 to carry out the functions under this Act. 

6 (b) LIMITATION ON AUTHORITY.—Notwithstanding 

7 any other provision of this title, no authority to enter into 

8 contracts or to make payments under this title shall be 

9 effective except to such extent or in such amounts as are 

10 provided in advance in appropriations Acts. 

11 (c) LEASING OF EXCESS DEPARTMENT PROPERTY.— 

12 The Secretary may lease, in accordance with such terms 

13 and conditions the Secretary considers to be appropriate 

14 to promote national security or the public interest, any 

15 acquired real property and related personal property 

16 that— 

17 (1) is located at a facility of the Department to 

18 be closed or reconfigured; 

19 (2) at the time the lease is entered into, is not 

20 needed by the Department; and 

21 (3) is under the control of the Department. 

22 (d) TERMS OF LEASE.— 

23 (1) IN GENERAL.—A lease entered into under 

24 subsection (c) shall be for a term of not more than 

25 10 years, except that the Secretary may enter into 


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1 a lease that includes an option to renew for a term 

2 of more than 10 years if the Secretary determines 

3 that entering into such a lease will promote the na4 tional security or be in the public interest. 

5 (2) CONSIDERATION.— 

6 (A) IN GENERAL.—A lease entered into 

7 under subsection (c) may provide for the pay8 ment (in cash or in-kind) by the lessee of con9 sideration in an amount that is less than the 

10 fair market rental value of the leasehold inter11 est. 

12 (B) SERVICES.—Services relating to the 

13 protection and maintenance of the leased prop14 erty may constitute all or part of the consider15 ation under this paragraph. 

16 (e) ENVIRONMENTAL CONCERNS.— 

17 (1) IN GENERAL.—Subject to paragraph (2), 

18 before entering into a lease under subsection (c), the 

19 Secretary shall consult with, and obtain the concur20 rence of, the appropriate State official (with respect 

21 to property located on a site that is not listed on the 

22 National Priorities List) to determine whether the 

23 environmental conditions of the property are such 

24 that leasing the property, and the terms and condi25 tions of the lease agreement, are consistent with 


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1 safety and the protection of public health and the 

2 environment. 

3 (2) FAILURE TO OBTAIN CONCURRENCE.—The 

4 Secretary may enter into a lease under subsection 

5 (c) without obtaining the concurrence of the appro6 priate State official under paragraph (1) if, by the 

7 date that 60 days after the date on which the Sec8 retary requests the concurrence, the appropriate 

9 State official fails to submit to the Secretary a no10 tice of concurrence with, or rejection of, the deter11 mination. 

12 (f) RENTALS.— 

13 (1) RETENTION.— 

14 (A) IN GENERAL.—To the extent provided 

15 in advance in appropriations Acts, the Sec16 retary may retain and use money received by 

17 the Secretary directly from a lease entered into 

18 under subsection (c) in any amount the Sec19 retary considers to be necessary to cover the ad20 ministrative expenses of the lease, the mainte21 nance and repair of the leased property, or en22 vironmental restoration activities at the facility 

23 at which the leased property is located. 

24 (B) TREATMENT.—Amounts retained 

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1 arate account established in the Treasury for 

2 that purpose. 

3 (2) REPORT.—The Secretary shall submit to 

4 Congress annual reports on the amounts retained 

5 and used under this subsection. 

6 SEC. 327. FACILITIES CONSTRUCTION. 

7 (a) IN GENERAL.—As necessary and when not other8 wise available, the Secretary may provide for, construct, 

9 or maintain the following for employees and dependents 

10 stationed at remote locations: 

11 (1) Emergency medical services and supplies. 

12 (2) Food and other subsistence supplies. 

13 (3) Messing facilities. 

14 (4) Audiovisual equipment, accessories, and 

15 supplies for recreation and training. 

16 (5) Reimbursement for food, clothing, medicine, 

17 and other supplies furnished by those employees in 

18 emergencies for the temporary relief of distressed in19 dividuals. 

20 (6) Living and working quarters and facilities. 

21 (7) Transportation of school-aged dependents of 

22 employees to the nearest appropriate educational fa23 cilities. 

24 (b) PRICING.—The furnishing of medical treatment 

25 under subsection (a)(1) and the furnishing of services and 


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1 supplies under paragraphs (2) and (3) of subsection (a) 

2 shall be at prices reflecting reasonable value, as deter3 mined by the Secretary. 

4 (c) TREATMENT.— 

5 (1) IN GENERAL.—Proceeds from reimburse6 ments under this section— 

7 (A) shall be deposited in the Treasury; and 

8 (B) may be withdrawn by the Secretary— 

9 (i) to pay directly the cost of work or 

10 services; 

11 (ii) to repay or make advances to ap12 propriations of funds that will initially bear 

13 all or a part of that cost; or 

14 (iii) to refund excess sums when nec15 essary. 

16 (2) CREDITING TO FUNDS.—A payment by the 

17 Secretary under paragraph (1)(B) may be credited 

18 to a working capital fund otherwise established by 

19 law, including the fund established pursuant to sec20 tion 331, and used under the law governing the 

21 fund, if the fund is available for use by the Depart22 ment for performing the work or services for which 

23 payment is received. 


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1 SEC. 328. USE OF FACILITIES. 

2 (a) IN GENERAL.—On the consent of the Federal 

3 Government or the government of any foreign country, 

4 State, the District of Columbia, the Commonwealth of 

5 Puerto Rico, or any territory or possession of the United 

6 States, with or without reimbursement, the Secretary may 

7 use the research, equipment, and facilities of such a gov8 ernment (or political subdivision) in carrying out the func9 tions under this Act. 

10 (b) USE OF PROPERTY.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (2), in carrying out this Act, the Secretary 

13 may permit the use by public and private individuals 

14 and entities of any real property, facility, structure, 

15 or improvement under the jurisdiction of the Sec16 retary for purposes of the Department, under such 

17 terms and at such rates as the Secretary determines 

18 to be appropriate, for a period of not more than 5 

19 years. 

20 (2) RECONDITIONING AND MAINTENANCE.— 

21 The Secretary may require any individual or entity 

22 to which a permit is provided under this subsection 

23 to recondition and maintain, at the expense of the 

24 individual or entity, the real property, facilities, 

25 structures, and improvements involved to a satisfac26 tory standard. 


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1 (3) EXCEPTION.—This subsection shall not 

2 apply to excess property (as defined in section 102 

3 of title 40, United States Code). 

4 (c) PROCEEDS.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), the proceeds from reimbursements under 

7 this section— 

8 (A) shall be deposited in the Treasury; and 

9 (B) may be withdrawn by the Secretary or 

10 the head of the another appropriate Federal de11 partment or agency— 

12 (i) to pay directly the costs of the 

13 equipment and facilities provided; 

14 (ii) to repay or make advances to ap15 propriations or funds that do or will ini16 tially bear all or a part of those costs; or 

17 (iii) to refund excess sums as nec18 essary. 

19 (2) EXCEPTION.—The proceeds described in 

20 paragraph (1) may be credited to a working capital 

21 fund otherwise established by law (including the 

22 fund established pursuant to section 331) and used 

23 in accordance the laws governing that fund, if the 

24 fund is available for use for providing the equipment 

25 or facilities involved. 


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1 SEC. 329. FIELD OFFICES. 

2 The Secretary may establish, alter, consolidate, or 

3 discontinue to maintain such State, regional, district, 

4 local, or other field offices as the Secretary determines to 

5 be necessary to carry out this Act. 

6 SEC. 330. COPYRIGHTS. 

7 The Secretary may acquire any of the following de8 scribed rights if the property so acquired is for use by 

9 or for, or useful to, the Department: 

10 (1) Copyrights, patents, and applications for 

11 patents, designs, processes, and manufacturing data. 

12 (2) Licenses under copyrights, patents, and ap13 plications for patents. 

14 (3) Releases, before suit is brought, for past in15 fringement of patents or copyrights. 

16 SEC. 331. CAPITAL FUND. 

17 (a) ESTABLISHMENT.—The Secretary may establish 

18 a working capital fund, to be available without fiscal year 

19 limitation, for expenses necessary for the maintenance and 

20 operation of such common administrative services as the 

21 Secretary determines to be appropriate in the interests of 

22 economy and efficiency, including services such as— 

23 (1) a central supply service for stationery and 

24 other supplies and equipment for which adequate 

25 stocks may be maintained to meet in whole or in 

26 part the requirements of the Department; 


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1 (2) central messenger, mail, telephone, and 

2 other communications services; 

3 (3) office space and central services for docu4 ment reproduction, graphics, and visual aids; and 

5 (4) a central library service. 

6 (b) TRANSFERS.—The capital of the fund shall con7 sist of— 

8 (1) any appropriations made for the purpose of 

9 providing capital; and 

10 (2) the fair and reasonable value of such stocks 

11 of supplies, equipment, and other assets and inven12 tories on order as the Secretary may transfer to the 

13 fund, less the related liabilities and unpaid obliga14 tions. 

15 (c) REIMBURSEMENT.—Amounts in the fund shall be 

16 reimbursed in advance from available funds of agencies 

17 and offices in the Department, or from other sources, for 

18 supplies and services at rates that approximate the ex19 pense of operation, including the accrual of annual leave 

20 and the depreciation of equipment. 

21 (d) CREDITS.—The fund shall be credited with re22 ceipts— 

23 (1) from sale or exchange of property; and 

24 (2) in payment for loss or damage to property 

25 owned by the fund. 


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1 (e) SURPLUS AMOUNTS.—There shall be covered into 

2 the Treasury as miscellaneous receipts any surplus 

3 amounts in the fund (all assets, liabilities, and prior losses 

4 considered), in excess of the amounts transferred or ap5 propriated to establish and maintain the fund. 

6 SEC. 332. SEAL OF DEPARTMENT. 

7 (a) IN GENERAL.—The Secretary shall cause a seal 

8 of office to be made for the Department. 

9 (b) JUDICIAL NOTICE.—Judicial notice shall be 

10 taken of the seal under this section. 

11 SEC. 333. ANNUAL REPORT. 

12 As soon as practicable after the end of each fiscal 

13 year commencing with the first complete fiscal year fol14 lowing the date of enactment of this Act, the Secretary 

15 shall submit to the President, for inclusion in a report to 

16 Congress, a report on the activities of the Department 

17 during the preceding fiscal year. 

18 SEC. 334. TRANSFER OF FUNDS. 

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

20 (b), the Secretary, as authorized in an appropriations Act, 

21 may transfer for any fiscal year funds from 1 appropria22 tion to another within the Department. 

23 (b) EXCEPTION.—No appropriation shall be in24 creased or decreased pursuant to this section by more than 


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1 5 percent of the appropriation for the applicable fiscal 

2 year. 

3 TITLE IV—TRANSITIONAL, SAV4 INGS, AND CONFORMING 

5 PROVISIONS 

6 SEC. 401. TRANSFER AND ALLOCATIONS OF APPROPRIA7 TIONS AND PERSONNEL. 

8 (a) IN GENERAL.—Except as otherwise provided in 

9 this Act, the personnel employed in connection with, and 

10 the assets, liabilities, contracts, property, records, and un11 expended balance of appropriations authorizations, alloca12 tions, and other funds employed, held, used, arising from, 

13 available to, or to be made available in connection with 

14 the functions transferred by this Act, subject to section 

15 1531 of title 31, United States Code, are transferred to 

16 the Secretary for appropriate allocation. 

17 (b) USE OF UNEXPENDED FUNDS.—Unexpended 

18 funds transferred pursuant to subsection (a) shall only be 

19 used for the purposes for which the funds were originally 

20 authorized and appropriated. 

21 (c) SPECIFIC POSITIONS.—Positions expressly speci22 fied by statute or reorganization plan to carry out func23 tions transferred by this Act, personnel occupying those 

24 positions on the effective date of this Act, and personnel 

25 authorized to receive compensation in those positions at 


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1 the rate prescribed for offices and positions at level I, II, 

2 III, IV, or V of the Executive Schedule under subchapter 

3 II of chapter 53 of title 5, United States Code, on the 

4 effective date of this Act, shall be subject to section 403. 

5 SEC. 402. EFFECT ON PERSONNEL. 

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

7 this Act or by the Secretary, the transfer pursuant to this 

8 title of full-time personnel (except special Government em9 ployees) and part-time personnel holding permanent posi10 tions pursuant to this title shall not cause any such em11 ployee to be separated or reduced in grade or compensa12 tion for 1 year after the date of enactment of this Act. 

13 (b) COMPENSATION.—Any person who, on the effec14 tive date of this Act, holds a position compensated in ac15 cordance with the Executive Schedule prescribed in chap16 ter 53 of title 5, United States Code, and who, without 

17 a break in service, is appointed in the Department to a 

18 position having duties comparable to the duties performed 

19 immediately preceding the appointment shall continue to 

20 be compensated in the new position at not less than the 

21 rate provided for the previous position, for the duration 

22 of service in the new position. 

23 (c) REEMPLOYMENT RIGHTS.— 

24 (1) IN GENERAL.—An employee transferred to 

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1 quired under any provision of law or regulation may 

2 exercise those rights only during the latter of— 

3 (A) the 120-day period beginning on the 

4 effective date of this Act; or 

5 (B) the 2-year period beginning on the 

6 date on which the employee acquired the reem7 ployment rights. 

8 (2) REQUIREMENT.—Reemployment rights may 

9 only be exercised at the request of the employee. 

10 SEC. 403. AGENCY TERMINATIONS. 

11 (a) IN GENERAL.—Except as otherwise provided in 

12 this Act, whenever all of the functions vested by law in 

13 any agency, commission, or other body, or any component 

14 of an agency, commission, or other body, have been termi15 nated or transferred from that agency, commission, or 

16 other body, or component by this Act, the agency, commis17 sion, or other body, or component, shall terminate. 

18 (b) TERMINATION OF POSITIONS AND OFFICES.—If 

19 an agency, commission, or other body, or any component 

20 of an agency, commission, or other body, terminates pur21 suant to subsection (a), each position and office within 

22 the agency, commission, or other body, or component, that 

23 was expressly authorized by law, or the incumbent of 

24 which was authorized to receive compensation at the rates 

25 prescribed for an office or position at level II, III, IV, or 


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1 V of the Executive Schedule under subchapter II of chap2 ter 53 of title 5, United States Code, shall terminate. 

3 SEC. 404. INCIDENTAL TRANSFERS. 

4 The Director of the Office of Management and Budg5 et, in consultation with the Secretary and the Commission, 

6 shall make such determinations as may be necessary with 

7 regard to the transfer of functions that relate to or are 

8 used by an agency, commission or other body, or compo9 nent of an agency, commission, or other body, affected by 

10 this Act, to make such additional incidental dispositions 

11 of personnel, assets, liabilities, contracts, property, 

12 records, and unexpended balances of appropriations, au13 thorizations, allocations, and other funds held, used, aris14 ing from, available to, or to be made available in connec15 tion with the functions transferred by this Act, as the Di16 rector considers necessary to accomplish the purposes of 

17 this Act. 

18 SEC. 405. SAVINGS PROVISIONS. 

19 (a) ORDERS TO REMAIN IN EFFECT.— 

20 (1) IN GENERAL.—All orders, determinations, 

21 rules, regulations, permits, contracts, certificates, li22 censes, and privileges described in paragraph (2) 

23 shall continue in effect according to their respective 

24 terms until modified, terminated, superseded, set 

25 aside, or revoked in accordance with law by the 


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1 President, the Secretary, or other authorized offi2 cials, a court of competent jurisdiction, or by oper3 ation of law. 

4 (2) SPECIFICATION.—Paragraph (1) applies to 

5 all orders, determinations, rules, regulations, per6 mits, contracts, certificates, licenses, and privileges 

7 that— 

8 (A) have been issued, made, granted, or al9 lowed to become effective by the President, any 

10 Federal department or agency, official of a Fed11 eral department or agency, or by a court of 

12 competent jurisdiction, in the performance of 

13 functions that are transferred under this Act to 

14 the Department after the date of enactment of 

15 this Act; and 

16 (B) are in effect on the date on which this 

17 Act takes effect. 

18 (b) PENDING PROCEEDINGS.— 

19 (1) IN GENERAL.—This Act shall not affect any 

20 proceedings or any application for any license, per21 mit, certificate, or financial assistance pending be22 fore any department, agency, commission, or compo23 nent of a department, agency, or commission, func24 tions of which are transferred by this Act on the 

25 date on which this Act takes effect. 


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1 (2) CONTINUATION.— 

2 (A) IN GENERAL.—To the extent that pro3 ceedings and applications described in para4 graph (1) relate to functions transferred by this 

5 Act— 

6 (i) the proceedings and applications 

7 shall be continued; and 

8 (ii) orders shall be issued, appeals 

9 shall be taken, and payments shall be 

10 made pursuant to the orders, as if this Act 

11 had not been enacted. 

12 (B) EFFECT.—Orders issued in any pro13 ceeding continued under this paragraph shall 

14 continue in effect until modified, terminated, 

15 superseded, or revoked by— 

16 (i) a duly authorized official; 

17 (ii) a court of competent jurisdiction; 

18 or 

19 (iii) operation of law. 

20 (C) DISCONTINUANCE OR MODIFICA21 TION.—Nothing in this subsection prohibits the 

22 discontinuance or modification of any pro23 ceeding described in paragraph (1) under the 

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1 continued or modified if this Act had not been 

2 enacted. 

3 (3) RULEMAKING.—The Secretary may promul4 gate regulations providing for the orderly transfer of 

5 proceedings described in paragraph (1) to the De6 partment. 

7 (c) PENDING SUITS.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (3)— 

10 (A) this Act shall not affect suits com11 menced prior to the effective date of this Act; 

12 and 

13 (B) in all suits described in subparagraph 

14 (A), proceedings shall be had, appeals taken, 

15 and judgments rendered in the same manner 

16 and effect as if this Act had not been enacted. 

17 (2) SUITS BY AND AGAINST OFFICERS IN OFFI18 CIAL CAPACITY AND DEPARTMENTS AND AGEN19 CIES.— 

20 (A) OFFICES.—No suit, action, or other 

21 proceeding commenced by or against any officer 

22 in the official capacity of the officer as an offi23 cer of any department or agency, functions of 

24 which are transferred by this Act, shall abate 

25 by reason of the enactment of this Act. 


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1 (B) DEPARTMENTS AND AGENCIES.—No 

2 cause of action by or against any department or 

3 agency, functions of which are transferred by 

4 this Act, or by or against any officer of a de5 partment or agency in the official capacity of 

6 the officer, shall abate by reason of the enact7 ment of this Act. 

8 (3) TRANSFER.—If, before the effective date of 

9 this Act, any department or agency, or officer of a 

10 department or agency in the official capacity of the 

11 officer, is a party to a suit, and under this Act any 

12 function of the department, agency, or officer is 

13 transferred to the Secretary or any other official, 

14 then the suit shall be continued with the Secretary 

15 or other official, as applicable, substituted. 

16 SEC. 406. REFERENCE. 

17 With respect to any functions transferred by this Act 

18 and exercised after the effective date of this Act, reference 

19 in any other Federal law to any department, commission, 

20 or agency or any officer or office the functions of which 

21 are so transferred shall be deemed to refer to the Sec22 retary or other official or component of the Department 

23 in which this Act vests those functions. 


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1 SEC. 407. PRESIDENTIAL AUTHORITY. 

2 Except as provided in title IV, nothing in this Act 

3 may be construed to limit, curtail, abolish, or terminate— 

4 (1) any function of, or authority available to, 

5 the President that the President had immediately 

6 before the effective date of this Act; or 

7 (2) the authority of the President to delegate, 

8 redelegate, or terminate any delegation of functions. 

9 SEC. 408. TRANSITION. 

10 With the consent of the appropriate department or 

11 agency head concerned, the Secretary may use the services 

12 of the officers, employees, and other personnel of the de13 partments and agencies from which functions have been 

14 transferred to the Secretary for such period of time as 

15 may reasonably be needed to facilitate the orderly transfer 

16 of functions under this Act. 

17 SEC. 409. ADMINISTRATIVE AMENDMENTS. 

18 (a) EXECUTIVE DEPARTMENTS.—Section 101 of title 

19 5, United States Code, is amended— 

20 (1) by striking ‘‘The Department of Com21 merce.’’ and inserting ‘‘The Department of Com22 merce and the Workforce.’’; and 

23 (2) by striking ‘‘The Department of Labor.’’. 

24 (b) LEVEL I.—Section 5312 of title 5, United States 

25 Code, is amended— 


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1 (1) by striking ‘‘Secretary of Commerce.’’ and 

2 inserting ‘‘Secretary of Commerce and the Work3 force.’’; and 

4 (2) by striking ‘‘Secretary of Labor.’’ and in5 serting ‘‘Undersecretary of Labor, Department of 

6 Commerce and the Workforce.’’. 

7 (c) LEVEL II.—Section 5313 of title 5, United States 

8 Code, is amended by striking ‘‘Deputy Secretary of 

9 Labor.’’ and inserting ‘‘Deputy Secretary of Commerce 

10 and the Workforce.’’. 

11 (d) LEVEL III.—Section 5314 of title 5, United 

12 States Code, is amended— 

13 (1) by striking ‘‘Under Secretary of Commerce, 

14 Under Secretary of Commerce for Economic Affairs, 

15 Under Secretary of Commerce for Export Adminis16 tration, and Under Secretary of Commerce for Trav17 el and Tourism.’’ and inserting the following: 

18 ‘‘Under Secretary for International Trade, De19 partment of Commerce and the Workforce. 

20 ‘‘Under Secretary for Economic Affairs and 

21 Statistics, Department of Commerce and the Work22 force. 

23 ‘‘Under Secretary for Industry and Security, 

24 Department of Commerce and the Workforce.’’; 


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1 (2) by striking ‘‘Administrator of the Small 

2 Business Administration.’’ and inserting ‘‘Under 

3 Secretary of Small Business, Department of Com4 merce and the Workforce.’’; 

5 (3) by striking ‘‘Under Secretary of Commerce 

6 for Oceans and Atmosphere, the incumbent of which 

7 also serves as Administrator of the National Oceanic 

8 and Atmospheric Administration.’’ and inserting 

9 ‘‘Administrator of the National Oceanic and Atmos10 pheric Administration, Department of the Interior.’’; 

11 and 

12 (4) by striking ‘‘Under Secretary of Commerce 

13 for Intellectual Property and Director of the United 

14 States Patent and Trademark Office.’’ and inserting 

15 ‘‘Under Secretary for Intellectual Property, Depart16 ment of Commerce and the Workforce.’’. 

17 (e) LEVEL IV.—Section 5315 of title 5, United 

18 States Code, is amended— 

19 (1) by striking ‘‘Assistant Secretaries of Com20 merce (11).’’ and inserting ‘‘Assistant Secretaries of 

21 Commerce and the Workforce (10).’’; 

22 (2) by striking ‘‘Assistant Secretaries of Labor 

23 (10), one of whom shall be the Assistant Secretary 

24 of Labor for Veterans’ Employment and Training.’’; 


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1 (3) by striking ‘‘General Counsel of the Depart2 ment of Commerce.’’ and inserting ‘‘General Coun3 sel, Department of Commerce and the Workforce.’’; 

4 (4) by striking ‘‘Solicitor of the Department of 

5 Labor.’’ and inserting ‘‘Solicitor of Commerce and 

6 the Workforce, Department of Commerce and the 

7 Workforce.’’; 

8 (5) by striking ‘‘Deputy Administrator of the 

9 Small Business Administration.’’ and inserting 

10 ‘‘Deputy Under Secretary of Small Business, De11 partment of Commerce and the Workforce.’’; 

12 (6) by striking ‘‘Members, Occupational Safety 

13 and Health Review Commission.’’; 

14 (7) by striking ‘‘Assistant Secretary of Labor 

15 for Mine Safety and Health.’’ and inserting ‘‘Assist16 ant Secretary for Mine Safety and Health, Depart17 ment of Commerce and the Workforce.’’; 

18 (8) by striking ‘‘Chief Counsel for Advocacy, 

19 Small Business Administration.’’ and inserting 

20 ‘‘Chief Counsel for Small Business Advocacy, De21 partment of Commerce and the Workforce.’’; 

22 (9) by striking ‘‘Assistant Secretary of Com23 merce and Director General of the United States 

24 and Foreign Commercial Service.’’; 


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1 (10) by striking ‘‘Director, Bureau of the Cen2 sus, Department of Commerce.’’ and inserting ‘‘Di3 rector of the Bureau of the Census, Department of 

4 Commerce and the Workforce.’’; 

5 (11) by striking ‘‘Chief Financial Officer, De6 partment of Commerce.’’ and inserting ‘‘Chief Fi7 nancial Officer, Department of Commerce and the 

8 Workforce.’’; 

9 (12) by striking ‘‘Chief Financial Officer, De10 partment of Labor.’’; 

11 (13) by striking ‘‘The Commissioner of Labor 

12 Statistics, Department of Labor.’’; 

13 (14) by striking ‘‘Chief Information Officer, 

14 Department of Commerce.’’ and inserting ‘‘Chief In15 formation Officer, Department of Commerce and the 

16 Workforce.’’; 

17 (15) by striking ‘‘Chief Information Officer, 

18 Department of Labor.’’; 

19 (16) by striking ‘‘Chief Information Officer, 

20 Small Business Administration.’’; and 

21 (17) by striking ‘‘Deputy Under Secretary of 

22 Commerce for Intellectual Property and Deputy Di23 rector of the United States Patent and Trademark 

24 Office.’’. 


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1 (f) LEVEL V.—Section 5316 of title 5, United States 

2 Code, is amended— 

3 (1) by striking ‘‘Associate Administrators of the 

4 Small Business Administration (4).’’ and inserting 

5 ‘‘Assistant Secretaries of Small Business, Depart6 ment of Commerce and the Workforce (4).’’; 

7 (2) by striking ‘‘Manpower Administrator, De8 partment of Labor.’’ and inserting ‘‘Workforce Ad9 ministrator, Department of Commerce and the 

10 Workforce.’’; 

11 (3) by striking ‘‘Director, United States Travel 

12 Service, Department of Commerce’’ and inserting 

13 ‘‘Director of the United States Travel Service, De14 partment of Commerce and the Workforce.’’; 

15 (4) by striking ‘‘Administrator, Wage and Hour 

16 and Public Contracts Division, Department of 

17 Labor.’’; and 

18 (5) by striking ‘‘National Export Expansion Co19 ordinator, Department of Commerce.’’. 

20 SEC. 410. DIRECTOR OF OFFICE OF PERSONNEL MANAGE21 MENT REPORT. 

22 As soon as practicable but not later than 1 year after 

23 the effective date of this Act, the Director of Office of 

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1 gress a report on the effects on employees of the reorga2 nization under this Act, which shall include— 

3 (1) an identification of any position within the 

4 Department or elsewhere in the Executive branch 

5 that the Director considers unnecessary due to con6 solidation of functions under this Act; 

7 (2) a statement of the number of employees en8 titled to pay savings by reason of the reorganization 

9 under this Act; 

10 (3) a statement of the number of employees 

11 who are voluntarily or involuntarily separated by 

12 reason of the reorganization; 

13 (4) an estimate of the personnel costs associ14 ated with the reorganization; 

15 (5) the effects of the reorganization on labor 

16 management relations; and 

17 (6) such legislative and administrative rec18 ommendations for improvements in personnel man19 agement within the Department as the Director con20 siders necessary. 

21 SEC. 411. INVESTIGATIONS AND REPORTS ON DUPLICATIVE 

22 PROGRAMS AND ACTIVITIES. 

23 The Secretary shall— 


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1 (1) conduct routine investigations to identify 

2 programs, offices, and initiatives with duplicative 

3 goals and activities within the Department; and 

4 (2) report annually to Congress on the findings 

5 from the investigations (including the cost of such 

6 duplication), including recommendations for consoli7 dation and elimination to reduce duplication and for 

8 specific rescissions. 

9 TITLE V—EFFECTIVE DATE AND 

10 INTERIM APPOINTMENTS 

11 SEC. 501. EFFECTIVE DATE. 

12 (a) IN GENERAL.—Except as provided in subsections 

13 (b), this Act, and the amendments made by this Act shall 

14 take effect on the earlier of— 

15 (1) 120 days after the Secretary first takes of16 fice; or 

17 (2) such date as the President may prescribe 

18 and publish in the Federal Register. 

19 (b) APPOINTMENTS AND REGULATIONS.—At any 

20 time after the date of enactment of this Act— 

21 (1) any of the officers provided for in titles I 

22 and II may be nominated and appointed, as provided 

23 in such titles; and 

24 (2) the Secretary may promulgate regulations 

25 pursuant to section 405. 


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1 (c) USE OF FUNDS.—Funds available to any depart2 ment or agency (or any official or component of a depart3 ment of agency) functions of which are transferred to the 

4 Secretary by this Act, may with the approval of the Direc5 tor of the Office of Management and Budget, be used to 

6 pay the compensation and expenses of any officer ap7 pointed pursuant to subsection (b) until such time as 

8 funds for that purpose are otherwise available. 

9 SEC. 502. INTERIM APPOINTMENTS. 

10 (a) IN GENERAL.—If 1 or more officers required by 

11 this Act to be appointed by and with the advice and con12 sent of the Senate shall not have entered upon office on 

13 the effective date of this Act, the President may designate 

14 any officer, whose appointment was required to be made 

15 by and with the advice and consent of the Senate, and 

16 who was such an officer immediately prior to the effective 

17 date of the Act, to act in the office until the office is filled 

18 as provided in this Act. 

19 (b) COMPENSATION.—Any person acting in an office 

20 in accordance with subsection (a) shall receive compensa21 tion at the rates provided by this Act for the respective 

22 office in which the person acts. 


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49 

•S 1836 IS

1 TITLE VI—ELIMINATION AND 

2 REDUCTION OF PROGRAMS 

3 SEC. 601. ELIMINATION OF PROGRAMS. 

4 (a) INTERNATIONAL LABOR COMPARISON PRO5 GRAM.—The International Labor Comparisons program of 

6 the Bureau of Labor Statistics shall be terminated on the 

7 date of enactment of this Act. 

8 (b) CAREER PATHWAYS INNOVATION FUND.—The 

9 career pathways innovation fund established under the 

10 Workforce Investment Act of 1998 (Public Law 105–220) 

11 to develop and implement career pathway programs in 

12 partnership with employers and other relevant organiza13 tions in the community shall be terminated on the date 

14 of enactment of this Act. 

15 (c) TRANSITIONAL JOBS DEMONSTRATION.—The 

16 Enhanced Transitional Jobs Demonstration program car17 ried out under section 171 of the Workforce Investment 

18 Act of 1998 (29 U.S.C. 2916) shall be terminated on the 

19 date of enactment of this Act. 

20 (d) PUBLIC TELECOMMUNICATIONS FACILITIES

21 GRANTS.—Part IV of title III of the Communications Act 

22 of 1934 (47 U.S.C. 390 et seq.) is repealed. 

23 (e) BALDRIDGE PERFORMANCE EXCELLENCE PRO24 GRAM.— 


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50 

•S 1836 IS

1 (1) IN GENERAL.—The Baldrige Performance 

2 Excellence Program shall terminated on the date of 

3 the enactment of this Act. 

4 (2) AWARD.—The Stevenson-Wydler Tech5 nology Innovation Act of 1980 (15 U.S.C. 3701 et 

6 seq.) is amended by striking section 17 (15 U.S.C. 

7 3711a) (relating to the Malcolm Baldridge National 

8 Quality Award). 

9 (f) EMERGENCY STEEL GUARANTEED LOAN PRO10 GRAM.—Section 101 of Public Law 106–51 (15 U.S.C. 

11 1841 note) is repealed. 

12 (g) NONCRITICAL FUNCTIONS OF THE CENSUS BU13 REAU.—Beginning on the date of the enactment of this 

14 Act, the Bureau of the Census shall discontinue— 

15 (1) the Current Industrial Reports function; 

16 (2) the Federal Financial Statistics Program; 

17 (3) the Foreign Research and Analysis Pro18 gram’s international focus; and 

19 (4) the production of the Statistical Abstract. 

Æ 


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