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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 929 Reported in Senate (RS)]

                                                       Calendar No. 214

104th CONGRESS

  1st Session

                                 S. 929

                          [Report No. 104-164]

_______________________________________________________________________

                                 A BILL

                 To abolish the Department of Commerce.

_______________________________________________________________________

             October 20 (legislative day, October 18), 1995

                       Reported with an amendment
                                                       Calendar No. 214
104th CONGRESS
  1st Session
                                 S. 929

                          [Report No. 104-164]

                 To abolish the Department of Commerce.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                June 15 (legislative day, June 5), 1995

  Mr. Abraham (for himself, Mr. Dole, Mr. Faircloth, Mr. Nickles, Mr. 
  Gramm, and Mr. Brown) introduced the following bill; which was read 
      twice and referred to the Committee on Governmental Affairs

             October 20 (legislative day, October 18), 1995

               Reported by Mr. Stevens, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
                 To abolish the Department of Commerce.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Department of Commerce 
Dismantling Act''.</DELETED>

<DELETED>SEC. 2. TABLE OF CONTENTS.</DELETED>

<DELETED>    The table of contents for this Act is as 
follows:</DELETED>

<DELETED>Sec. 1. Short title.
<DELETED>Sec. 2. Table of contents.
        <DELETED>TITLE I--ABOLISHMENT OF DEPARTMENT OF COMMERCE

<DELETED>Sec. 101. Reestablishment of Department as Commerce Programs 
                            Resolution Agency.
<DELETED>Sec. 102. Functions.
<DELETED>Sec. 103. Deputy Administrator.
<DELETED>Sec. 104. Continuation of service of department officers.
<DELETED>Sec. 105. Reorganization.
<DELETED>Sec. 106. Abolishment of Commerce Programs Resolution Agency.
<DELETED>Sec. 107. GAO report.
<DELETED>Sec. 108. Conforming amendments.
<DELETED>Sec. 109. Effective date.
 <DELETED>TITLE II--DISPOSITION OF PARTICULAR PROGRAMS, FUNCTIONS, AND 
                   AGENCIES OF DEPARTMENT OF COMMERCE

<DELETED>Sec. 201. Economic development.
<DELETED>Sec. 202. Export control functions.
<DELETED>Sec. 203. National security functions.
<DELETED>Sec. 204. International trade functions.
<DELETED>Sec. 205. Patent and Trademark Office.
<DELETED>Sec. 206. Technology Administration.
<DELETED>Sec. 207. Reorganization of the Bureau of the Census.
<DELETED>Sec. 208. Reorganization of the Bureau of Economic Analysis.
<DELETED>Sec. 209. Terminated functions of NTIA.
<DELETED>Sec. 210. Transfer of spectrum management functions.
<DELETED>Sec. 211. National Oceanic and Atmospheric Administration.
<DELETED>Sec. 212. Miscellaneous abolishments.
<DELETED>Sec. 213. Effective date.
<DELETED>Sec. 214. Sense of Congress regarding user fees.
              <DELETED>TITLE III--MISCELLANEOUS PROVISIONS

<DELETED>Sec. 301. References.
<DELETED>Sec. 302. Exercise of authorities.
<DELETED>Sec. 303. Savings provisions.
<DELETED>Sec. 304. Transfer of assets.
<DELETED>Sec. 305. Delegation and assignment.
<DELETED>Sec. 306. Authority of Administrator with respect to functions 
                            transferred.
<DELETED>Sec. 307. Proposed changes in law.
<DELETED>Sec. 308. Certain vesting of functions considered transfers.
<DELETED>Sec. 309. Definitions.
<DELETED>Sec. 310. Limitation on annual expenditures for continued 
                            functions.

   <DELETED>TITLE I--ABOLISHMENT OF DEPARTMENT OF COMMERCE</DELETED>

<DELETED>SEC. 101. REESTABLISHMENT OF DEPARTMENT AS COMMERCE PROGRAMS 
              RESOLUTION AGENCY.</DELETED>

<DELETED>    (a) Reestablishment.--The Department of Commerce is hereby 
redesignated as the Commerce Programs Resolution Agency, which shall be 
an independent agency in the executive branch of the 
Government.</DELETED>
<DELETED>    (b) Administrator.--</DELETED>
        <DELETED>    (1) In general.--There shall be at the head of the 
        Agency an Administrator of the Agency, who shall be appointed 
        by the President, by and with the advice and consent of the 
        Senate. The Agency shall be administered under the supervision 
        and direction of the Administrator. The Administrator shall 
        receive compensation at the rate prescribed for level II of the 
        Executive Schedule under section 5313 of title 5, United States 
        Code.</DELETED>
        <DELETED>    (2) Initial appointment of administrator.--
        Notwithstanding any other provision of this Act or any other 
        law, the President may, at any time after the date of the 
        enactment of this Act, appoint an individual to serve as 
        Administrator of the Commerce Programs Resolution Agency (who 
        may be the Secretary of Commerce), as such position 
is established under paragraph (1). An appointment under this paragraph 
may not be construed to affect the position of Secretary of Commerce or 
the authority of the Secretary before the effective date specified in 
section 109(a).</DELETED>
<DELETED>    (c) Duties.--The Administrator shall be responsible for--
</DELETED>
        <DELETED>    (1) the administration and wind-up, during the 
        wind-up period, of all functions of the Administrator pursuant 
        to section 102 and the other provisions of this Act;</DELETED>
        <DELETED>    (2) the administration and wind-up, during the 
        wind-up period, of any outstanding obligations of the Federal 
        Government under any programs terminated or repealed by this 
        Act; and</DELETED>
        <DELETED>    (3) taking such other actions as may be necessary, 
        before the termination date specified in section 106(d), to 
        wind up any outstanding affairs of the Department of 
        Commerce.</DELETED>

<DELETED>SEC. 102. FUNCTIONS.</DELETED>

<DELETED>    Except to the extent a function is abolished or vested in 
another official or agency by this Act, the Administrator shall perform 
all functions that, immediately before the effective date specified in 
section 109(a), were functions of the Department of Commerce (or any 
office of the Department) or were authorized to be performed by the 
Secretary of Commerce or any other officer or employee of the 
Department in the capacity as such officer or employee.</DELETED>

<DELETED>SEC. 103. DEPUTY ADMINISTRATOR.</DELETED>

<DELETED>    The Agency shall have a Deputy Administrator, who shall--
</DELETED>
        <DELETED>    (1) be appointed by and report to the 
        Administrator; and</DELETED>
        <DELETED>    (2) perform such functions as may be delegated by 
        the Administrator.</DELETED>

<DELETED>SEC. 104. CONTINUATION OF SERVICE OF DEPARTMENT 
              OFFICERS.</DELETED>

<DELETED>    (a) Continuation of Service of Secretary.--The individual 
serving on the effective date specified in section 109(a) as the 
Secretary of Commerce may serve and act as Administrator until the 
earlier of--</DELETED>
        <DELETED>    (1) the date an individual is appointed under this 
        title to the position of Administrator; or</DELETED>
        <DELETED>    (2) the end of the 120-day period provided for in 
        section 3348 of title 5, United States Code (relating to 
        limitations on the period of time a vacancy may be filled 
        temporarily).</DELETED>
<DELETED>    (b) Continuation of Service of Other Officers.--An 
individual serving on the effective date specified in section 109(a) as 
an officer of the Department of Commerce other than the Secretary of 
Commerce may continue to serve and act in an equivalent capacity in the 
Agency until the earlier of--</DELETED>
        <DELETED>    (1) the date an individual is appointed under this 
        title to the position of Administrator; or</DELETED>
        <DELETED>    (2) the end of the 120-day period provided for in 
        section 3348 of title 5, United States Code (relating to 
        limitations on the period of time a vacancy may be filled 
        temporarily) with respect to that appointment.</DELETED>
<DELETED>    (c) Compensation for Continued Service.--Any person--
</DELETED>
        <DELETED>    (1) who serves as the Administrator under 
        subsection (a), or</DELETED>
        <DELETED>    (2) who serves under subsection (b),</DELETED>
<DELETED>after the effective date specified in section 109(a) and 
before the first appointment of a person as Administrator shall 
continue to be compensated for so serving at the rate at which such 
person was compensated before that effective date.</DELETED>

<DELETED>SEC. 105. REORGANIZATION.</DELETED>

<DELETED>    The Administrator may allocate or reallocate any function 
of the Agency pursuant to this Act among the officers of the Agency, 
and may establish, consolidate, alter, or discontinue in the Commerce 
Programs Resolution Agency any organizational entities that were 
entities of the Department of Commerce, as the Administrator considers 
necessary or appropriate.</DELETED>

<DELETED>SEC. 106. ABOLISHMENT OF COMMERCE PROGRAMS RESOLUTION 
              AGENCY.</DELETED>

<DELETED>    (a) In General.--Effective on the termination date 
specified in subsection (d), the Commerce Programs Resolution Agency is 
abolished.</DELETED>
<DELETED>    (b) Abolition of Functions.--Except for functions 
transferred or otherwise continued by this Act, all functions that, 
immediately before the termination date specified in subsection (d), 
were functions of the Commerce Programs Resolution Agency are abolished 
effective on that termination date.</DELETED>
<DELETED>    (c) Plan for Winding Up Affairs.--Not later than the 
effective date specified in section 109(a), the President shall submit 
to the Congress a plan for winding up the affairs of the Agency in 
accordance with this Act by not later than the termination date 
specified in subsection (d).</DELETED>
<DELETED>    (d) Termination Date.--The termination date under this 
subsection is the date that is 3 years after the date of the enactment 
of this Act.</DELETED>

<DELETED>SEC. 107. GAO REPORT.</DELETED>

<DELETED>    Not later than 180 days after the date of enactment of 
this Act, the Comptroller General of the United States shall submit to 
the Congress a report that shall include recommendations for the most 
efficient means of achieving, in accordance with this Act--</DELETED>
        <DELETED>    (1) the complete abolishment of the Department of 
        Commerce; and</DELETED>
        <DELETED>    (2) the termination or transfer or other 
        continuation of the functions of the Department of 
        Commerce.</DELETED>

<DELETED>SEC. 108. CONFORMING AMENDMENTS.</DELETED>

<DELETED>    (a) Presidential Succession.--Section 19(d)(1) of title 3, 
United States Code, is amended by striking ``Secretary of 
Commerce,''.</DELETED>
<DELETED>    (b) Executive Departments.--Section 101 of title 5, United 
States Code, is amended by striking the following item:</DELETED>
        <DELETED>    ``The Department of Commerce.''.</DELETED>
<DELETED>    (c) Secretary's Compensation.--Section 5312 of title 5, 
United States Code, is amended by striking the following 
item:</DELETED>
        <DELETED>    ``Secretary of Commerce.''.</DELETED>
<DELETED>    (d) Compensation for Positions at Level III.--Section 5314 
of title 5, United States Code, is amended--</DELETED>
        <DELETED>    (1) by striking the following item:</DELETED>
        <DELETED>    ``Under Secretary of Commerce, Under Secretary of 
        Commerce for Economic Affairs, Under Secretary of Commerce for 
        Export Administration and Under Secretary of Commerce for 
        Travel and Tourism.'';</DELETED>
        <DELETED>    (2) by striking the following item:</DELETED>
        <DELETED>    ``Under Secretary of Commerce for Oceans and 
        Atmosphere, the incumbent of which also serves as Administrator 
        of the National Oceanic and Atmospheric Administration.''; 
        and</DELETED>
        <DELETED>    (3) by striking the following item:</DELETED>
        <DELETED>    ``Under Secretary of Commerce for 
        Technology.''.</DELETED>
<DELETED>    (e) Compensation for Positions at Level IV.--Section 5315 
of title 5, United States Code, is amended--</DELETED>
        <DELETED>    (1) by striking the following items:</DELETED>
        <DELETED>    ``Assistant Secretaries of Commerce 
        (11).'';</DELETED>
        <DELETED>    (2) by striking the following item:</DELETED>
        <DELETED>    ``General Counsel of the Department of 
        Commerce.'';</DELETED>
        <DELETED>    (3) by striking the following item:</DELETED>
        <DELETED>    ``Assistant Secretary of Commerce for Oceans and 
        Atmosphere, the incumbent of which also serves as Deputy 
        Administrator of the National Oceanic and Atmospheric 
        Administration.'';</DELETED>
        <DELETED>    (4) by striking the following item:</DELETED>
        <DELETED>    ``Director, National Institute of Standards and 
        Technology, Department of Commerce.'';</DELETED>
        <DELETED>    (5) by striking the following item:</DELETED>
        <DELETED>    ``Inspector General, Department of 
        Commerce.'';</DELETED>
        <DELETED>    (6) by striking the following item:</DELETED>
        <DELETED>    ``Chief Financial Officer, Department of 
        Commerce.''; and</DELETED>
        <DELETED>    (7) by striking the following item:</DELETED>
        <DELETED>    ``Director, Bureau of the Census, Department of 
        Commerce.''.</DELETED>
<DELETED>    (f) Compensation for Positions at Level V.--Section 5316 
of title 5, United States Code, is amended--</DELETED>
        <DELETED>    (1) by striking the following item:</DELETED>
        <DELETED>    ``Director, United States Travel Service, 
        Department of Commerce.''; and</DELETED>
        <DELETED>    (2) by striking the following item:</DELETED>
        <DELETED>    ``National Export Expansion Coordinator, 
        Department of Commerce.''.</DELETED>
<DELETED>    (g) Inspector General Act of 1978.--The Inspector General 
Act of 1978 (5 U.S.C. App.) is amended--</DELETED>
        <DELETED>    (1) in section 9(a)(1), by striking subparagraph 
        (B);</DELETED>
        <DELETED>    (2) in section 11(1), by striking ``Commerce,''; 
        and</DELETED>
        <DELETED>    (3) in section 11(2), by striking 
        ``Commerce,''.</DELETED>

<DELETED>SEC. 109. EFFECTIVE DATE.</DELETED>

<DELETED>    (a) In General.--Except as provided in subsection (b), 
this title shall take effect on the date that is 6 months after the 
date of the enactment of this Act.</DELETED>
<DELETED>    (b) Provisions Effective on Date of Enactment.--The 
following provisions of this title shall take effect on the date of the 
enactment of this Act:</DELETED>
        <DELETED>    (1) Section 101(b).</DELETED>
        <DELETED>    (2) Section 106(c).</DELETED>
        <DELETED>    (3) Section 107.</DELETED>

 <DELETED>TITLE II--DISPOSITION OF PARTICULAR PROGRAMS, FUNCTIONS, AND 
              AGENCIES OF DEPARTMENT OF COMMERCE</DELETED>

<DELETED>SEC. 201. ECONOMIC DEVELOPMENT.</DELETED>

<DELETED>    (a) Terminated Functions.--The Public Works and Economic 
Development Act of 1965 (42 U.S.C. 3121 et seq.) is repealed.</DELETED>
<DELETED>    (b) Transfer of Financial Obligations Owed to the 
Department.--There are transferred to the Secretary of the Treasury the 
loans, notes, bonds, debentures, securities, and other financial 
obligations owned by the Department of Commerce under the Public Works 
and Economic Development Act of 1965, together with all assets or other 
rights (including security interests) incident thereto, and all 
liabilities related thereto. There are assigned to the Secretary of the 
Treasury the functions, powers, and abilities vested in or delegated to 
the Secretary of Commerce or the Department of Commerce to manage, 
service, collect, sell, dispose of, or otherwise realize proceeds on 
obligations owed to the Department of Commerce under authority of such 
Act with respect to any loans, obligations, or guarantees made or 
issued by the Department of Commerce pursuant to such Act.</DELETED>
<DELETED>    (c) Audit.--Not later than 18 months after the date of the 
enactment of this Act, the Comptroller General shall conduct an audit 
of all grants made or issued by the Department of Commerce under the 
Public Works and Economic Development Act of 1965 in fiscal year 1995 
and all loans, obligations, and guarantees and shall transmit to 
Congress a report on the results of such audit.</DELETED>

<DELETED>SEC. 202. EXPORT CONTROL FUNCTIONS.</DELETED>

<DELETED>    (a) Transfer to Secretary of Defense.--</DELETED>
        <DELETED>    (1) In general.--Except as provided in this 
        section, all functions of the Secretary of Commerce, the Under 
        Secretary of Commerce for Export Administration, the 2 
        Assistant Secretaries of Commerce appointed under section 15(a) 
        of the Export Administration Act of 1979 (50 U.S.C. App. 
        2414(a)), and the Department of Commerce, on the day before the 
        effective date specified in section 109(a), under the Export 
        Administration Act of 1979 are transferred to the Secretary of 
        Defense.</DELETED>
        <DELETED>    (2) Consultation with ustr.--The Secretary of 
        Defense shall consult with the United States Trade 
        Representative with respect to any licensing decision under the 
        Export Administration Act of 1979.</DELETED>
<DELETED>    (b) Short Supply Controls.--All functions of the Secretary 
of Commerce, on the day before the effective date specified in section 
109(a), under section 7 of the Export Administration Act of 1979 (50 
U.S.C. App. 2406), and under all other provisions of that Act to the 
extent that such provisions apply to section 7, are transferred to the 
President.</DELETED>
<DELETED>    (c) Enforcement.--</DELETED>
        <DELETED>    (1) General transfer.--All functions of the 
        Secretary of Commerce and the Department of Commerce, on the 
        day before the effective date specified in section 109(a), 
        under sections 11(c), 12, and 13(c), (d), and (e) of the Export 
        Administration Act of 1979 (50 U.S.C. App. 2410(c), 2411, and 
        2412(c), (d), and (e)) are transferred to the Secretary of the 
        Treasury.</DELETED>
        <DELETED>    (2) Transfer of enforcement personnel.--Not more 
        than 60 United States special agents of the Bureau of Export 
        Administration of the Department of Commerce who, on the day 
        before the effective date specified in section 109(a), were 
        assigned to perform functions under section 12(a) of the Export 
        Administration Act of 1979 may be transferred to the Customs 
        Service to carry out functions transferred by paragraph (1). 
        The Director of the Office of Management and Budget shall 
        determine the special agents to be transferred under this 
        paragraph.</DELETED>
<DELETED>    (d) Anti-Boycott Compliance.--All functions of the 
Secretary of Commerce and the Department of Commerce, on the day before 
the effective date specified in section 109(a), under section 8 of the 
Export Administration Act of 1979 (50 U.S.C. App. 2407), and under all 
other provisions of that Act to the extent that such provisions apply 
to section 8, are transferred to the Attorney General.</DELETED>
<DELETED>    (e) Termination of Office of Foreign Availability; 
Appointment of Industries Board.--</DELETED>
        <DELETED>    (1) Termination of office.--The Office of Foreign 
        Availability established under section 5(f)(6) of the Export 
        Administration Act of 1979 (50 U.S.C. App. 2404(f)(6)) is 
        abolished.</DELETED>
        <DELETED>    (2) Conforming amendment.--Section 5(f) of the 
        Export Administration Act of 1979 (50 U.S.C. App. 2404(f)) is 
        amended by striking paragraph (6).</DELETED>
        <DELETED>    (3) Appointment of industries board.--The 
        President shall appoint an industries board, composed of 
        representatives of industries affected by matters relating to 
        foreign availability under the Export Administration Act of 
        1979, to advise the Secretary of State with respect to such 
        matters, except that no Federal funds may be made available to 
        the industries board to carry out its functions.</DELETED>
<DELETED>    (f) Buying Power Maintenance Account.--The authority of 
the Secretary of Commerce under section 108 of title I of Public Law 
100-202 (101 Stat. 1329-7) to establish a Buying Power Maintenance 
account is transferred to the Secretary of State for purposes of 
carrying out functions under the Export Administration Act of 1979 that 
are transferred to the Secretary of State under this section.</DELETED>
<DELETED>    (g) Technical and Conforming Amendments.--</DELETED>
        <DELETED>    (1) Section 15 of the Export Administration Act of 
        1979 (50 U.S.C. App. 2414(a)) is amended by striking subsection 
        (a) and inserting the following: ``(a) [Reserved].''.</DELETED>
        <DELETED>    (2) The Office of the Under Secretary of Commerce 
        for Export Administration is abolished.</DELETED>

<DELETED>SEC. 203. NATIONAL SECURITY FUNCTIONS.</DELETED>

<DELETED>    (a) Transfer of Functions.--Functions of the Secretary of 
Commerce immediately before the effective date specified in section 
109(a)--</DELETED>
        <DELETED>    (1) under section 232 of the Trade Expansion Act 
        of 1962 (19 U.S.C. 1862) are transferred to the International 
        Trade Commission;</DELETED>
        <DELETED>    (2) under section 309 of the Defense Production 
        Act of 1950 (50 U.S.C. App. 2099) are transferred to the 
        Secretary of Defense; and</DELETED>
        <DELETED>    (3) under section 722 of the Defense Production 
        Act of 1950 (50 U.S.C. App. 2171) are transferred to the 
        Secretary of the Treasury.</DELETED>
<DELETED>    (b) National Defense Technology and Industrial Base 
Council.--Section 2502(b) of title 10, United States Code, is amended 
by striking paragraph (3) and redesignating paragraphs (4) and (5) as 
paragraphs (3) and (4), respectively.</DELETED>
<DELETED>    (c) Appointment of Committees of Industry 
Representatives.--The President should appoint committees composed of 
representatives of appropriate industries to advise the National 
Security Council with respect to those matters affecting industry 
addressed by the Secretary of Commerce to the National Security Council 
before the effective date specified in section 109(a).</DELETED>

<DELETED>SEC. 204. INTERNATIONAL TRADE FUNCTIONS.</DELETED>

<DELETED>    (a) Tariff Act of 1930; Uruguay Round Agreements Act.--
</DELETED>
        <DELETED>    (1) Transfer to united states trade 
        representative.--All functions of the International Trade 
        Administration of the Department of Commerce, immediately 
        before the effective date specified in section 109(a), under 
        titles III and VII of the Tariff Act of 1930, and all functions 
        of the administering authority or the Secretary of Commerce 
        under the Uruguay Round Agreements Act, are transferred to the 
        United States Trade Representative.</DELETED>
        <DELETED>    (2) Conforming amendment.--Section 771(1) of the 
        Tariff Act of 1930 (19 U.S.C. 1677(1)) is amended by striking 
        ``Secretary of Commerce'' and inserting ``United States Trade 
        Representative''.</DELETED>
<DELETED>    (b) Foreign Trade Zones Board.--Subsection (b) of the 
first section of the Act of June 18, 1934 (commonly known as the 
``Foreign Trade Zones Act'') (48 Stat. 999, chapter 590; 19 U.S.C. 
81a(b)) is amended by striking ``Secretary of Commerce, who shall be 
chairman and executive officer of the Board, the Secretary of the 
Treasury'' and inserting ``Secretary of the Treasury, who shall be 
chairman and executive officer of the Board, the United States Trade 
Representative''.</DELETED>
<DELETED>    (c) United States and Foreign Commercial Service.--
</DELETED>
        <DELETED>    (1) Renaming and abolition of certain functions.--
        The United States and Foreign Commercial Service shall, upon 
        the effective date specified in section 109(a), be known as the 
        ``United States Foreign Commercial Service'' (hereafter in this 
        subsection referred to as the ``Commercial Service''). All 
        operations of the Commercial Service in the United States 
        (other than those performed at the headquarters office referred 
        to in section 2301(c) of the Export Enhancement Act of 1988 (15 
        U.S.C. 4721(c)) with respect to the foreign operations of the 
        Commercial Service) are abolished.</DELETED>
        <DELETED>    (2) Transfer to ustr.--The Commercial Service and 
        its functions are transferred to the United States Trade 
        Representative. All functions performed immediately before the 
        effective date specified in section 109(a) by the Secretary of 
        Commerce or the Department of Commerce with respect to the 
        Commercial Service are transferred to the United States Trade 
        Representative.</DELETED>
        <DELETED>    (3) Director general.--(A) The head of the 
        Commercial Service shall, as of the effective date specified in 
        section 109(a), be the Director General of the United States 
        Foreign Commercial Service.</DELETED>
        <DELETED>    (B) Section 5315 of title 5, United States Code, 
        is amended by striking ``Assistant Secretary of Commerce and 
        Director General of the United States and Foreign Commercial 
        Service'' and inserting ``Director General of the United States 
        Foreign Commercial Service.''.</DELETED>
        <DELETED>    (C) The individual serving as Assistant Secretary 
        of Commerce and Director General of the United States and 
        Foreign Commercial Service immediately before the effective 
        date specified in section 109(a) may serve as the Director 
        General of the United States Foreign Commercial Service on and 
        after such effective date until a successor has taken office. 
        Compensation for any service under this subparagraph shall be 
        at the rate at which the individual was compensated immediately 
        before the effective date specified in section 
        109(a).</DELETED>
        <DELETED>    (4) Transfer of commercial service officers.--The 
        transfer to the United States Trade Representative pursuant to 
        this section of any Commercial Service Officer serving 
        immediately before the effective date specified in section 
        109(a) shall not cause such officer to be reduced in rank, 
        grade, or compensation.</DELETED>
<DELETED>    (d) Export Promotion Programs.--</DELETED>
        <DELETED>    (1) Transfer.--All export promotion programs (as 
        defined in section 201(d) of the Export Administration 
        Amendments Act of 1985 (15 U.S.C. 4051(d))) carried out by the 
        Secretary of Commerce or the Department of Commerce immediately 
        before the effective date specified in section 109(a) are 
        transferred to the United States Trade 
        Representative.</DELETED>
        <DELETED>    (2) Private funding.--With respect to any program 
        transferred under paragraph (1), no funds made available to the 
        United States Trade Representative may be used in carrying out 
        such program, but the United States Trade Representative may 
        require the persons to whom services are provided by the Office 
        of the United States Trade Representative under such program to 
        pay for such services.</DELETED>
<DELETED>    (e) Trade Information.--All functions of the Secretary of 
Commerce under the International Investment and Trade in Services 
Survey Act (22 U.S.C. 3101 et seq.) are transferred to the Secretary of 
the Treasury.</DELETED>
<DELETED>    (f) International Economic Policy.--All functions 
performed by the Assistant Secretary of Commerce for International 
Economic Policy and the Office of International Economic Policy of the 
Department of Commerce immediately before the effective date specified 
in section 109(a) are abolished.</DELETED>
<DELETED>    (g) Functions With Respect to Textile Agreements.--
</DELETED>
        <DELETED>    (1) Transfer of functions.--Notwithstanding the 
        provisions of Executive Order 11651 and Executive Order 12475 
        (7 U.S.C. 1854 note), the functions of the Committee for the 
        Implementation of Textile Agreements (hereafter in this 
        subsection referred to as ``CITA'') are transferred as 
        follows:</DELETED>
                <DELETED>    (A) All functions related to policy 
                formulation for textile and apparel trade, including 
                the negotiation and implementation of textile and 
                apparel trade agreements, and all related activities 
                performed by CITA immediately before the effective date 
                specified in section 109(a), and not specified in 
                paragraphs (2) through (4), are transferred to the 
                United States Trade Representative.</DELETED>
                <DELETED>    (B) All functions related to economic 
                analysis of textile and apparel trade patterns, 
                determination of serious damage, or actual threat 
                thereof, to domestic United States industry and related 
                safeguards matters, including the transitional 
                safeguard provisions under Article 6 of the Agreement 
                on Textiles and Clothing referred to in section 
                101(d)(4) of the Uruguay Round Agreements Act (19 
                U.S.C. 3511(d)(4)), and analysis of the impact of 
                foreign tariff and nontariff barriers on textile and 
                apparel trade, and all related activities performed by 
                CITA immediately before the effective date specified in 
                section 109(a), are transferred to the United States 
                Trade Representative.</DELETED>
                <DELETED>    (C) All functions related to the promotion 
                and foreign market expansion of United States textile 
                and apparel production are transferred to the United 
                States Foreign Commercial Service.</DELETED>
                <DELETED>    (D) All functions related to monitoring 
                quota utilization and enforcement, and actions to 
                address the circumvention of quotas, as described in 
                the statement of administrative action accompanying the 
                Uruguay Round Agreements (as defined in section 2 of 
                the Uruguay Round Agreements Act (19 U.S.C. 3501)), are 
                transferred to the Secretary of the Treasury.</DELETED>
        <DELETED>    (2) Abolition of cita.--CITA is 
        abolished.</DELETED>
<DELETED>    (h) Fair Trade in Auto Parts.--All functions of the 
Secretary of Commerce under the Fair Trade in Auto Parts Act of 1988 
(15 U.S.C. 4701 et seq.) are transferred to the International Trade 
Commission.</DELETED>
<DELETED>    (i) Other Trade Functions.--</DELETED>
        <DELETED>    (1) Interagency trade organization.--The President 
        shall provide for the direct participation by representatives 
        of industry on the Interagency Trade Organization established 
        under section 242 of the Trade Expansion Act of 1962 (19 U.S.C. 
        1872), to carry out appropriate functions of the Secretary of 
        Commerce as a member of such organization before the effective 
        date specified in section 109(a).</DELETED>
        <DELETED>    (2) Export trading companies.--(A) The functions 
        of the Secretary of Commerce under the Export Trading Company 
        Act of 1982 (15 U.S.C. 4001 through 4003), and the Office of 
        Export Trade established under section 104 of that Act, are 
        abolished.</DELETED>
        <DELETED>    (B) The functions of the Secretary of Commerce 
        under title III of the Act of October 8, 1982 (15 U.S.C. 4011 
        et seq.), are transferred to the Secretary of the 
        Treasury.</DELETED>
        <DELETED>    (C) Conforming amendments.--(i) The Export Trading 
        Company Act of 1982 (15 U.S.C. 4001 through 4003) is 
        repealed.</DELETED>
        <DELETED>    (ii) The section heading for section 301 of the 
        Export Trading Company Act of 1982 (15 U.S.C. 4011), is amended 
        by striking ``commerce'' and inserting ``treasury''.</DELETED>
        <DELETED>    (iii) Section 311(7) of the Export Trading Company 
        Act of 1982 (15 U.S.C. 4021(7)), is amended by striking 
        ``Commerce'' and inserting ``Treasury''.</DELETED>
<DELETED>    (j) Appointment of Industries Boards.--The President shall 
appoint industries boards, composed of representatives of industries in 
the private sector, to advise the Secretary of the Treasury and the 
United States Trade Representative with respect to functions 
transferred to them under this section.</DELETED>
<DELETED>    (k) Gifts and Bequests.--</DELETED>
        <DELETED>    (1) In general.--The Secretary of State, the 
        Secretary of the Treasury, and the United States Trade 
        Representative are authorized to accept, hold, administer, and 
        utilize gifts and bequests of property, both real and personal, 
        for the purpose of aiding or facilitating the performance of 
        functions transferred to them under this section and section 
        202. Gifts and bequests of money and the proceeds from sales of 
        other property received as gifts or bequests shall be deposited 
        in the United States Treasury in a separate fund and shall be 
        disbursed on order of the Secretary of State, the Secretary of 
        the Treasury, or the United States Trade Representative. 
        Property accepted pursuant to this paragraph, and the proceeds 
        thereof, shall be used as nearly as possible in accordance with 
        the terms of the gift or bequest.</DELETED>
        <DELETED>    (2) Tax treatment.--For the purpose of Federal 
        income, estate, and gift taxes, and State taxes, property 
        accepted under subsection (a) shall be considered a gift or 
        bequest to or for use of the United States.</DELETED>
        <DELETED>    (3) Investment.--The Secretary of the Treasury may 
        invest and reinvest in securities of the United States or in 
        securities guaranteed as to principal and interest by the 
        United States any moneys contained in the fund provided for in 
        subsection (a). Income accruing from such securities, and from 
        any other property held by the Secretary of State, the 
        Secretary of the Treasury, or the United States Trade 
        Representative pursuant to subsection (a), shall be deposited 
        to the credit of the fund, and shall be disbursed upon order of 
        the Secretary of State, the Secretary of the Treasury, or the 
        United States Trade Representative.</DELETED>
<DELETED>    (l) Information Sharing.--It is the sense of the Congress 
that any department or agency of the United States that compiles 
information on international economics or trade make that information 
available to other departments and agencies performing functions 
relating to international trade.</DELETED>
<DELETED>    (m) Trade Adjustment Assistance for Firms.--Chapter 3 of 
title II of the Trade Act of 1974 (19 U.S.C. 2341 et seq.) and the 
items relating to such chapter in the table of contents for that Act, 
are repealed.</DELETED>

<DELETED>SEC. 205. PATENT AND TRADEMARK OFFICE.</DELETED>

<DELETED>    (a) Transfer to Department of Justice.--Effective as of 
the date specified in section 109(a)--</DELETED>
        <DELETED>    (1) the Patent and Trademark Office shall be 
        transferred to the Department of Justice; and</DELETED>
        <DELETED>    (2) all functions which, immediately before such 
        date, are functions of the Secretary of Commerce under title 
        35, United States Code, or any other provision of law with 
        respect to the functions of the Patent and Trademark Office, 
        are transferred to the Attorney General.</DELETED>
<DELETED>    (b) Funding.--</DELETED>
        <DELETED>    (1) Costs paid from fees.--All costs of the 
        activities of the Patent and Trademark Office shall be paid 
        from fees paid to the Office under title 35, United States 
        Code, the Act of July 5, 1946 (commonly known as the 
        ``Trademark Act of 1946'') (60 Stat. 427 et seq., chapter 540; 
        15 U.S.C. 1051 et seq.), section 10101 of the Omnibus Budget 
        Reconciliation Act of 1990 (35 U.S.C. 41 note), or other 
        provision of law.</DELETED>
        <DELETED>    (2) Funds available without appropriation.--(A) 
        Section 42(c) of title 35, United States Code, is amended by 
        striking ``to carry out, to the extent provided in 
        appropriation Acts,'' and inserting ``, without appropriation, 
        to carry out''.</DELETED>
        <DELETED>    (B) Section 10101(b)(2)(B) of the Omnibus Budget 
        Reconciliation Act of 1990 (35 U.S.C. 41 note) is amended by 
        striking ``to the extent provided in appropriation Acts'' and 
        inserting ``without appropriation''.</DELETED>
<DELETED>    (c) Adjustment of Fees.--Section 41(f) of title 31, United 
States Code, is amended to read as follows:</DELETED>
<DELETED>    ``(f) The Commissioner may adjust the fees established 
under this section on October 1 of each year to cover the estimated 
cost to the activities of the Office.''.</DELETED>
<DELETED>    (d) Service of Incumbents.--Those individuals serving as 
Commissioner of Patents and Trademarks, Deputy Commissioner of Patents 
and Trademarks, Assistant Commissioner of Patents, and Assistant 
Commissioner of Trademarks, immediately before the effective date 
specified in section 109(a), may continue in such office on and after 
such effective date until a successor has taken office. Compensation 
for any service under this subsection shall be at the rate at which the 
individual was compensated immediately before the effective date 
specified in section 109(a).</DELETED>
<DELETED>    (e) Rule of Construction.--For purposes of title III, the 
transfer of the Patent and Trademark Office to the Department of 
Justice under this section shall be treated as if it involved a 
transfer of functions from one office to another.</DELETED>
<DELETED>    (f) Technical and Conforming Amendments.--</DELETED>
        <DELETED>    (1) Section 1 of title 35, United States Code, is 
        amended to read as follows:</DELETED>
<DELETED>``Sec. 1. Establishment</DELETED>
<DELETED>    ``The Patent and Trademark Office is an agency of the 
United States within the Department of Justice, where records, books, 
drawings, specifications, and other papers and things pertaining to 
patents and trademark registrations shall be kept and preserved, except 
as otherwise provided by law.''.</DELETED>
        <DELETED>    (2) Title 35, United States Code, is amended by 
        striking ``Secretary of Commerce'' each place it appears and 
        inserting ``Attorney General''.</DELETED>
        <DELETED>    (3) Section 3 of title 35, United States Code, is 
        amended by striking subsection (d).</DELETED>
        <DELETED>    (4) Section 5316 of title 5, United States Code, 
        is amended by striking</DELETED>
        <DELETED>    ``Commissioner of Patents, Department of 
        Commerce.''</DELETED>
        <DELETED>and inserting</DELETED>
        <DELETED>    ``Commissioner of Patents and 
        Trademarks.''.</DELETED>

<DELETED>SEC. 206. TECHNOLOGY ADMINISTRATION.</DELETED>

<DELETED>    (a) Technology Administration.--</DELETED>
        <DELETED>    (1) General rule.--Except as otherwise provided in 
        this section, the Technology Administration shall be terminated 
        on the effective date specified in section 213(a).</DELETED>
        <DELETED>    (2) Office of technology policy.--The Office of 
        Technology Policy is hereby terminated.</DELETED>
<DELETED>    (b) National Institute of Standards and Technology.--
</DELETED>
        <DELETED>    (1) General rule.--Except as otherwise provided in 
        this subsection, the National Institute of Standards and 
        Technology (in this subsection referred to as the 
        ``Institute'') shall be transferred to the National Science 
        Foundation.</DELETED>
        <DELETED>    (2) Functions of director.--Except as otherwise 
        provided in this subsection, upon the transfer under paragraph 
        (1), the Director of the Institute shall perform all functions 
        relating to the Institute that, immediately before the 
        effective date specified in section 213(a), were functions of 
        the Secretary of Commerce or the Under Secretary of Commerce 
        for Technology, including the administration of section 17 of 
        the Stevenson-Wydler Technology Innovation Act of 1980 (15 
        U.S.C. 3711a).</DELETED>
        <DELETED>    (3) Laboratories.--(A) The laboratories of the 
        Institute shall be transferred to the Commerce Programs 
        Resolution Agency.</DELETED>
        <DELETED>    (B) The Commerce Programs Resolution Agency shall 
        attempt to sell the property of the laboratories of the 
        Institute, within 18 months after the effective date specified 
        in section 213(a), to a private sector entity intending to 
        perform substantially the same functions as were performed by 
        the laboratories of the Institute immediately before such 
        effective date.</DELETED>
        <DELETED>    (C) If no offer to purchase property under 
        subparagraph (B) is received within the 18-month period 
        described in such subparagraph, the Commerce Programs 
        Resolution Agency shall submit a report to the Congress 
        containing recommendations on the appropriate disposition of 
        the property and functions of the laboratories of the 
        Institute.</DELETED>
<DELETED>    (c) National Technical Information Service.--</DELETED>
        <DELETED>    (1) Sale of property.--The Commerce Programs 
        Resolution Agency shall attempt to sell the property of the 
        National Technical Information Service, within 18 months after 
        the effective date specified in section 213(a), to a private 
        sector entity intending to perform substantially the same 
        functions as were performed by the National Technical 
        Information Service immediately before such effective 
        date.</DELETED>
        <DELETED>    (2) Recommendations.--If no offer to purchase 
        property under paragraph (1) is received within the 18-month 
        period described in such paragraph, the Commerce Programs 
        Resolution Agency shall submit a report to the Congress 
        containing recommendations on the appropriate disposition of 
        the property and functions of the National Technical 
        Information Service.</DELETED>
        <DELETED>    (3) Funding.--No Federal funds may be appropriated 
        for the National Technical Information Service for any fiscal 
        year after fiscal year 1995.</DELETED>
<DELETED>    (d) Amendments.--</DELETED>
        <DELETED>    (1) National institute of standards and technology 
        act.--The National Institute of Standards and Technology Act 
        (15 U.S.C. 271 et seq.) is amended--</DELETED>
                <DELETED>    (A) in section 2--</DELETED>
                        <DELETED>    (i) in subsection (b)--</DELETED>
                                <DELETED>    (I) by striking paragraph 
                                (1); and</DELETED>
                                <DELETED>    (II) by redesignating 
                                paragraphs (2) through (11) as 
                                paragraphs (1) through (10), 
                                respectively; and</DELETED>
                        <DELETED>    (ii) in subsection (d), by 
                        striking ``, including the programs established 
                        under sections 25, 26, and 28 of this 
                        Act'';</DELETED>
                <DELETED>    (B) in section 10, by striking 
                ``Advanced'' in both the section heading and subsection 
                (a), and inserting in lieu thereof ``Standards and''; 
                and</DELETED>
                <DELETED>    (C) by striking sections 24, 25, 26, and 
                28.</DELETED>
        <DELETED>    (2) Stevenson-wydler technology innovation act of 
        1980.--The Stevenson-Wydler Technology Innovation Act of 1980 
        (15 U.S.C. 3701 et seq.) is amended--</DELETED>
                <DELETED>    (A) in section 3, by striking paragraph 
                (2) and redesignating paragraphs (3) through (5) as 
                paragraphs (2) through (4), respectively;</DELETED>
                <DELETED>    (B) in section 4, by striking paragraphs 
                (1), (4), and (13) and redesignating paragraphs (2), 
                (3), (5), (6), (7), (8), (9), (10), (11), and (12) as 
                paragraphs (1) through (10), respectively;</DELETED>
                <DELETED>    (C) by striking sections 5, 6, 7, 8, 9, 
                and 10;</DELETED>
                <DELETED>    (D) in section 11--</DELETED>
                        <DELETED>    (i) in subsection (c)(3), by 
                        striking ``, the Federal Laboratory Consortium 
                        for Technology Transfer,'';</DELETED>
                        <DELETED>    (ii) in subsection (d)--</DELETED>
                                <DELETED>    (I) in paragraph (2), by 
                                striking ``and the Federal Laboratory 
                                Consortium for Technology Transfer''; 
                                and</DELETED>
                                <DELETED>    (II) in paragraph (3), by 
                                striking ``, and refer such requests'' 
                                and all that follows through 
                                ``available to the Service''; 
                                and</DELETED>
                        <DELETED>    (iii) by striking subsection (e); 
                        and</DELETED>
                <DELETED>    (E) in section 17--</DELETED>
                        <DELETED>    (i) in subsection (c)--</DELETED>
                                <DELETED>    (I) in paragraph (1), by 
                                striking ``Subject to paragraph (2), 
                                separate'' and inserting 
                                ``Separate'';</DELETED>
                                <DELETED>    (II) by striking paragraph 
                                (2); and</DELETED>
                                <DELETED>    (III) by redesignating 
                                paragraph (3) as paragraph (2); 
                                and</DELETED>
                        <DELETED>    (ii) in subsection (f), by 
                        inserting ``administrative'' after ``funds to 
                        carry out''.</DELETED>

<DELETED>SEC. 207. REORGANIZATION OF THE BUREAU OF THE 
              CENSUS.</DELETED>

<DELETED>    (a) In General.--Effective as of the date specified in 
section 213(a)--</DELETED>
        <DELETED>    (1) the Bureau of the Census shall be transferred 
        to the Department of the Treasury; and</DELETED>
        <DELETED>    (2) all functions which, immediately before such 
        date, are functions of the Secretary of Commerce under title 
        13, United States Code, shall be transferred to the Secretary 
        of the Treasury.</DELETED>
<DELETED>    (b) Interim Service.--The individual serving as the 
Director of the Census immediately before the reorganization under this 
section takes effect may continue serving in that capacity until a 
successor has taken office. Compensation for any service under this 
subsection shall be at the rate at which such individual was 
compensated immediately before the effective date of the 
reorganization.</DELETED>
<DELETED>    (c) Sense of the Congress.--It is the sense of the 
Congress that the Bureau of the Census should--</DELETED>
        <DELETED>    (1) make appropriate use of any authority afforded 
        to it by the Census Address List Improvement Act of 1994 
        (Public Law 103-430; 108 Stat. 4393), and take measures to 
        ensure the timely implementation of such Act; and</DELETED>
        <DELETED>    (2) streamline census questionnaires to promote 
        savings in the collection and tabulation of data.</DELETED>
<DELETED>    (d) Amendments.--Effective as of the date specified in 
section 213(a)--</DELETED>
        <DELETED>    (1) Transfer of the bureau to the department of 
        the treasury.--(A) Section 2 of title 13, United States Code, 
        is amended by striking ``is continued as'' and all that follows 
        through the period and inserting ``is an agency within, and 
        under the jurisdiction of, the Department of the 
        Treasury.''.</DELETED>
        <DELETED>    (B) Section 12 of the Act of February 14, 1903 (32 
        Stat. 830, chapter 552; 15 U.S.C. 1511) is amended by striking 
        subsection (e) and redesignating subsections (f) and (g) as 
        subsections (e) and (f), respectively.</DELETED>
        <DELETED>    (2) Definition of secretary.--Section 1(2) of 
        title 13, United States Code, is amended by striking 
        ``Secretary of Commerce'' and inserting ``Secretary of the 
        Treasury''.</DELETED>
        <DELETED>    (3) References in title 13, united states code, to 
        the department of commerce.--Title 13, United States Code, is 
        amended in sections 4, 9(a), 23(b), 24(e), 44, 103, 132, 211, 
        213(b)(2), 221, 222, 223, 224, 225(a), and 241 by striking 
        ``Department of Commerce'' each place it appears and inserting 
        ``Department of the Treasury''.</DELETED>
        <DELETED>    (4) Provisions relating to the secretary of the 
        treasury.--(A) Section 302 of title 13, United States Code, is 
        amended by striking the last sentence.</DELETED>
        <DELETED>    (B) Section 303 of title 13, United States Code, 
        and the item relating to such section in the analysis for 
        chapter 9 of such title are repealed.</DELETED>
        <DELETED>    (C) Section 304(a) of title 13, United States 
        Code, is amended--</DELETED>
                <DELETED>    (i) by striking ``Secretary of the 
                Treasury'' each place it appears and inserting 
                ``Secretary''; and</DELETED>
                <DELETED>    (ii) by striking ``Secretary of Commerce'' 
                and inserting ``Secretary''.</DELETED>
        <DELETED>    (D)(i) Section 401(a) of title 13, United States 
        Code, is amended--</DELETED>
                <DELETED>    (I) by striking ``Department of Commerce'' 
                and inserting ``Federal Reserve System''; and</DELETED>
                <DELETED>    (II) by striking ``Secretary of Commerce'' 
                and inserting ``Secretary''.</DELETED>
        <DELETED>    (ii) Section 8(e) of the Foreign Direct Investment 
        and International Financial Data Improvements Act of 1990 (22 
        U.S.C. 3144(e)) is amended by striking ``Secretary of 
        Commerce'' and inserting ``Secretary of the 
        Treasury''.</DELETED>
        <DELETED>    (5) Compensation for the position of director of 
        the census.--Section 5315 of title 5, United States Code, as 
        amended by paragraph (7) of section 108(e), is further amended 
        by inserting (in lieu of the item struck by such paragraph) the 
        following new item:</DELETED>
        <DELETED>    ``Director of the Census, Department of the 
        Treasury.''.</DELETED>
        <DELETED>    (6) Confidentiality.--Section 9 of title 13, 
        United States Code, is amended by adding at the end the 
        following new subsection:</DELETED>
<DELETED>    ``(c)(1) Nothing in subsection (a)(3) shall be considered 
to permit the disclosure of any matter or information to an officer or 
employee of the Department of the Treasury who is not referred to in 
subchapter II if, immediately before the date specified in section 
213(a) of the Department of Commerce Dismantling Act, such disclosure 
(if then made by an officer or employee of the Department of Commerce) 
would have been impermissible under this section (as then in 
effect).</DELETED>
<DELETED>    ``(2) Paragraph (1) shall not apply with respect to any 
disclosure made to the Secretary.''.</DELETED>
<DELETED>    (e) Rule of Construction.--For purposes of title III, the 
reorganization of the Bureau of the Census under this section shall be 
treated as if that transfer involved a transfer of functions from one 
office to another.</DELETED>

<DELETED>SEC. 208. REORGANIZATION OF THE BUREAU OF ECONOMIC 
              ANALYSIS.</DELETED>

<DELETED>    (a) In General.--Effective as of the date specified in 
section 213(a)--</DELETED>
        <DELETED>    (1) the Bureau of Economic Analysis shall be 
        transferred to the Federal Reserve System; and</DELETED>
        <DELETED>    (2) all functions which, immediately before such 
        date, are functions of the Secretary of Commerce with respect 
        to the Bureau of Economic Analysis shall be transferred to the 
        Chairman of the Board of Governors of the Federal Reserve 
        System.</DELETED>
<DELETED>    (b) Interim Service.--The individual serving as the 
Director of the Bureau of Economic Analysis immediately before the 
reorganization under this section takes effect may continue serving in 
that capacity until a successor has taken office. Compensation for any 
service under this subsection shall be at the rate at which such 
individual was compensated immediately before the effective date of the 
reorganization.</DELETED>
<DELETED>    (c) Reports.--Not later than 18 months after the date of 
enactment of this Act, the Director of the Bureau of Economic Analysis 
shall submit to the Congress a written report on--</DELETED>
        <DELETED>    (1) the availability of any private sector 
        resources that may be capable of performing any or all of the 
        functions of the Bureau of Economic Analysis, and the 
        feasibility of having any such functions so performed; 
        and</DELETED>
        <DELETED>    (2) the feasibility of implementing a system under 
        which fees may be assessed by the Bureau of Economic Analysis 
        in order to defray the costs of any services performed by the 
        Bureau of Economic Analysis, when such services are performed 
        other than on behalf of the Federal Government or an agency or 
        instrumentality thereof.</DELETED>
<DELETED>    (d) Rule of Construction.--For purposes of title III, the 
reorganization of the Bureau of Economic Analysis under this section 
shall be treated as if it involved a transfer of functions from one 
office to another.</DELETED>

<DELETED>SEC. 209. TERMINATED FUNCTIONS OF NTIA.</DELETED>

<DELETED>    The following provisions of law are repealed:</DELETED>
        <DELETED>    (1) Subpart A of part IV of title III of the 
        Communications Act of 1934 (47 U.S.C. 390 et seq.), relating to 
        assistance for public telecommunications facilities.</DELETED>
        <DELETED>    (2) Subpart B of part IV of title III of the 
        Communications Act of 1934 (47 U.S.C. 394 et seq.), relating to 
        the Endowment for Children's Educational Television.</DELETED>
        <DELETED>    (3) Subpart C of part IV of title III of the 
        Communications Act of 1934 (47 U.S.C. 395 et seq.), relating to 
        telecommunications demonstration grants.</DELETED>

<DELETED>SEC. 210. TRANSFER OF SPECTRUM MANAGEMENT FUNCTIONS.</DELETED>

<DELETED>    There are transferred to the Chairman of the Federal 
Communications Commission all functions of the Secretary of Commerce, 
the Assistant Secretary of Commerce for Communications and Information, 
and the National Telecommunications and Information Administration 
under parts A and B of the National Telecommunication and Information 
Administration Organization Act.</DELETED>

<DELETED>SEC. 211. NATIONAL OCEANIC AND ATMOSPHERIC 
              ADMINISTRATION.</DELETED>

<DELETED>    (a) Termination of Authority To Make Fisheries Grants.--No 
financial assistance may be provided under any of the following laws, 
except to the extent the provision of that assistance is a contractual 
obligation of the United States on the day before the effective date of 
this section:</DELETED>
        <DELETED>    (1) Section 2 of the Act of August 11, 1939, 
        popularly known as the ``Saltonstall-Kennedy Act'' (53 Stat. 
        1412, chapter 696; 15 U.S.C. 713c-3).</DELETED>
        <DELETED>    (2) Section 1 of the Act entitled ``An Act to 
        authorize addition of certain donated lands to the Everglades 
        National Park'', approved September 2, 1960 (16 U.S.C. 
        753a).</DELETED>
        <DELETED>    (3) The Antarctic Marine Living Resources 
        Convention Act of 1984 (16 U.S.C. 2431 et seq.).</DELETED>
        <DELETED>    (4) The Anadromous Fish Conservation Act (16 
        U.S.C. 757a et seq.).</DELETED>
        <DELETED>    (5) Provisions of the Magnuson Fishery 
        Conservation and Management Act (16 U.S.C. 1801 et seq.) and 
        the Department of Commerce Appropriation Act of 1994 that 
        authorize assistance to State fishery agencies to enhance their 
        data collection and analysis systems to respond to coastwise 
        fisheries management needs.</DELETED>
        <DELETED>    (6) The Interjurisdictional Fisheries Act of 1986 
        (16 U.S.C. 4101 et seq.).</DELETED>
        <DELETED>    (7) Provisions of the Fish and Wildlife Act of 
        1956 and the Department of Commerce Appropriation Act of 1994 
        that authorize assistance to State for a cooperative State and 
        Federal partnership to provide a continuing source of fisheries 
        statistics to support fisheries management in the States' 
        territorial waters and the United States exclusive economic 
        zone.</DELETED>
        <DELETED>    (8) Provisions of the Fish and Wildlife Act of 
        1956 and the Department of Commerce Appropriation Act of 1994 
        that authorize assistance to States for a cooperative program 
        that engages State and Federal agencies in the coordinated 
        collection, management, and dissemination of fishery-
        independent information on marine fisheries in support of State 
        territorial waters and the United States exclusive economic 
        zone fisheries management programs.</DELETED>
        <DELETED>    (9) Provisions of the Act of May 11, 1938, 
        popularly known as the ``Mitchell Act'' (52 Stat. 345 et seq., 
        chapter 193; 16 U.S.C. 755 et seq.), and the Department of 
        Commerce Appropriation Act of 1994 that authorize assistance to 
        State fisheries agencies in the Pacific Northwest to protect 
        and enhance salmon and steelhead resources in the 
        region.</DELETED>
        <DELETED>    (10) Provisions of the Pacific Salmon Treaty Act 
        of 1985 (16 U.S.C. 3631 et seq.) and the Department of Commerce 
        Appropriation Act of 1994 that authorize assistance to States 
        in fulfilling responsibilities under the Pacific Salmon Treaty 
        by providing administrative, management, and applied research 
        support to the States to meet the needs of the Pacific Salmon 
        Commission and international commitments under the 
        treaty.</DELETED>
        <DELETED>    (11) Provisions of titles I and II of the Marine 
        Mammal Protection Act of 1972 (16 U.S.C. 1371-1384) and the 
        Department of Commerce Appropriation Act of 1994 which 
        authorize assistance to State agencies for the collection and 
        analysis of information on marine mammals that occur in the 
        State waters and interact with State managed 
        fisheries.</DELETED>
        <DELETED>    (12) Provisions of the Pacific Salmon Treaty Act 
        of 1985 (16 U.S.C. 3631 et seq.) and the Department of Commerce 
        Appropriation Act of 1994 that--</DELETED>
                <DELETED>    (A) authorize assistance to States to 
                assist in fulfilling Federal responsibilities under the 
                Pacific Salmon Treaty by restoring Southeast Alaska 
                salmon harvests limited by the treaty and by restoring 
                salmon stocks as quickly as possible; and</DELETED>
                <DELETED>    (B) help implement a 1989 ``Understanding 
                between the United States and Canadian Sections of the 
                Pacific Salmon Commission Concerning Joint Enhancement 
                of Transboundary River Salmon Stocks''.</DELETED>
<DELETED>    (b) Termination of Fisheries Trade Promotion Program.--
Section 211 of the Salmon and Steelhead Conservation and Enhancement 
Act of 1980 (15 U.S.C. 1511b) is repealed.</DELETED>
<DELETED>    (c) Conforming Amendment To Terminate Fisheries Promotion 
and Development Transfers and Funds.--</DELETED>
        <DELETED>    (1) In general.--Section 2 of the Act of August 
        11, 1939, popularly known as the ``Saltonstall-Kennedy Act'' 
        (53 Stat. 1412, chapter 696; 15 U.S.C. 713c-3) is amended by 
        striking subsection (b).</DELETED>
        <DELETED>    (2) Reversion.--Amounts remaining, on the 
        effective date of this section, in the funds established under 
        section 2(b) of the Act of August 11, 1939, as in effect on the 
        day before the date of enactment of this Act, that are not 
        required for the provision of financial assistance that is not 
        otherwise terminated by this section shall revert to the 
        general fund of the Treasury.</DELETED>
<DELETED>    (d) Termination of Authority To Guarantee Obligations for 
Fishing Vessel and Fishing Facility Construction, Etc.--No new 
guarantee of an obligation or commitment to guarantee an obligation 
under title XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et 
seq.) may be made under authority that was vested in the Secretary of 
Commerce on the day before the effective date of this section (relating 
to obligations for fishing vessels or fishing facilities), except to 
the extent the making of such a guarantee was a contractual obligation 
of the United States on the day before that effective date.</DELETED>
<DELETED>    (e) Termination of Compensation Under Fishermen's 
Protective Act of 1967.--No compensation may be paid under section 10 
of the Fishermen's Protective Act of 1967 (22 U.S.C. 1980), relating to 
compensation for damage, loss, or destruction of fishing vessels or 
fishing gear, except to the extent the compensation was awarded before 
the effective date of this section.</DELETED>
<DELETED>    (f) Termination of Compensation to Fishermen Under Outer 
Continental Shelf Lands Act Amendments of 1978.--No compensation may be 
paid under title IV of the Outer Continental Shelf Lands Act Amendments 
of 1978 (43 U.S.C. 1841 et seq), except to the extent the compensation 
was awarded before the effective date of this section.</DELETED>
<DELETED>    (g) Termination of Miscellaneous Research Functions.--The 
following functions, as vested in personnel of the National Oceanic and 
Atmospheric Administration on the day before the effective date of this 
section, are terminated:</DELETED>
        <DELETED>    (1) All observation and prediction functions 
        relating to pollution research.</DELETED>
        <DELETED>    (2) All functions relating to estuarine and 
        coastal assessment research.</DELETED>
<DELETED>    (h) Termination of NOAA Corps.--</DELETED>
        <DELETED>    (1) Termination.--The National Oceanic and 
        Atmospheric Administration Corps is terminated, and the assets 
        thereof shall be transferred to the Commerce Programs 
        Resolution Agency.</DELETED>
        <DELETED>    (2) Disposition of assets.--The Administrator of 
        the Commerce Programs Resolution Agency shall attempt to sell 
        the assets of the National Oceanic and Atmospheric 
        Administration Corps, within 18 months after the effective date 
        specified in section 213(a), to a private sector entity 
        intending to perform substantially the same functions as were 
        performed by the National Oceanic and Atmospheric 
        Administration Corps immediately before such effective 
        date.</DELETED>
        <DELETED>    (3) Report.--If no offer to purchase assets under 
        paragraph (2) is received within the 18-month period described 
        in such paragraph, the Commerce Programs Resolution Agency 
        shall submit a report to the Congress containing 
        recommendations on the appropriate disposition of the assets 
        and functions of the National Oceanic and Atmospheric 
        Administration Corps.</DELETED>
<DELETED>    (i) Disposal of NOAA Fleet.--The Secretary of the 
Interior--</DELETED>
        <DELETED>    (1) shall cease modernization of the National 
        Oceanic and Atmospheric Administration fleet of vessels and 
        terminate all new construction for that fleet;</DELETED>
        <DELETED>    (2) shall promptly dispose of all assets 
        comprising the National Oceanic and Atmospheric Administration 
        fleet; and</DELETED>
        <DELETED>    (3) may not purchase any vessels for the National 
        Oceanic and Atmospheric Administration.</DELETED>
<DELETED>    (j) Office of Oceanic and Atmospheric Research.--
</DELETED>
        <DELETED>    (1) In general.--Except as otherwise provided in 
        paragraph (2) or (3), the Office of Oceanic and Atmospheric 
        Research shall be terminated.</DELETED>
        <DELETED>    (2) Weather Research.--Functions relating to 
        weather research of the Office of Oceanic and Atmospheric 
        Research shall be transferred to the National Weather 
        Service.</DELETED>
        <DELETED>    (3) Laboratories.--(A) The laboratories of the 
        Office of Oceanic and Atmospheric Research shall be transferred 
        to the Commerce Programs Resolution Agency.</DELETED>
        <DELETED>    (B) The Commerce Programs Resolution Agency shall 
        attempt to sell the property of the laboratories of the Office 
        of Oceanic and Atmospheric Research, within 18 months after the 
        effective date specified in section 213(a), to a private sector 
        entity intending to perform substantially the same functions as 
        were performed by the laboratories of the Office of Oceanic and 
        Atmospheric Research immediately before such effective 
        date.</DELETED>
        <DELETED>    (C) If no offer to purchase property under 
        subparagraph (B) is received within the 18-month period 
        described in such subparagraph, the Commerce Programs 
        Resolution Agency shall transfer the remaining laboratories to 
        the Department of the Interior, which shall submit a report to 
        the Congress containing recommendations on the appropriate 
        disposition of the property and functions of such 
        laboratories.</DELETED>
<DELETED>    (k) Nautical and Aeronautical Charting.--</DELETED>
        <DELETED>    (1) In general.--The nautical and aeronautical 
        charting functions of the National Oceanic and Atmospheric 
        Administration shall be transferred to the Defense Mapping 
        Agency.</DELETED>
        <DELETED>    (2) Defense mapping agency.--The Defense Mapping 
        Agency shall terminate any functions transferred to it under 
        paragraph (1) that are performed by the private 
        sector.</DELETED>
<DELETED>    (l) NESDIS.--</DELETED>
        <DELETED>    (1) National environmental satellite, data, and 
        information system data centers.--(A) The National 
        Environmental Satellite, Data, and Information System Data 
        Centers shall be transferred to the Commerce Programs 
        Resolution Agency.</DELETED>
        <DELETED>    (B) The Commerce Programs Resolution Agency shall 
        attempt to sell the property of the National Environmental 
        Satellite, Data, and Information System Data Centers, within 18 
        months after the effective date specified in section 213(a), to 
        a private sector entity intending to perform substantially the 
        same functions as were performed by the National Environmental 
        Satellite, Data, and Information System Data Centers 
        immediately before such effective date.</DELETED>
        <DELETED>    (C) If no offer to purchase property under 
        subparagraph (B) is received within the 18-month period 
        described in such subparagraph, the Commerce Programs 
        Resolution Agency shall submit a report to the Congress 
        containing recommendations on the appropriate disposition of 
        the property and functions of the National Environmental 
        Satellite, Data, and Information System Data Centers.</DELETED>
        <DELETED>    (2) Weather satellites.--Functions related to 
        weather satellites of the National Environmental Satellite, 
        Data, and Information System shall be transferred to the 
        National Weather Service.</DELETED>
<DELETED>    (m) National Weather Service.--</DELETED>
        <DELETED>    (1) In general.--The National Weather Service is 
        hereby transferred to the Department of the Interior.</DELETED>
        <DELETED>    (2) Termination of services.--(A) The National 
        Weather Service shall terminate its specialized agricultural, 
        Marine Radiofax, and forestry weather services, and its 
        Regional Climate Centers.</DELETED>
        <DELETED>    (B) The National Weather Service may terminate any 
        other specialized weather services not required by law to be 
        performed.</DELETED>
<DELETED>    (n) National Marine Fisheries Service.--</DELETED>
        <DELETED>    (1) Transfer of enforcement functions.--There are 
        transferred to the Secretary of Transportation all functions 
        relating to law enforcement that on the day before the 
        effective date of this section were authorized to be performed 
        by the National Marine Fisheries Service.</DELETED>
        <DELETED>    (2) Transfer of science functions.--There are 
        transferred to the Director of the United States Fish and 
        Wildlife Service all functions relating to science that on the 
        day before the effective date of this section were authorized 
        to be performed by the National Marine Fisheries 
        Service.</DELETED>
        <DELETED>    (3) Transfer of seafood inspection functions.--
        There are transferred to the Secretary of Agriculture all 
        functions relating to seafood inspection that on the day before 
        the effective date of this section were authorized to be 
        performed by the National Marine Fisheries Service.</DELETED>
<DELETED>    (o) National Ocean Service.--</DELETED>
        <DELETED>    (1) Transfer of geodesy functions.--There are 
        transferred to the Director of the United States Geological 
        Survey all functions relating to geodesy that on the day before 
        the effective date of this section were authorized to be 
        performed by the National Ocean Service.</DELETED>
        <DELETED>    (2) Transfer of marine and estuarine sanctuary 
        functions.--There are transferred to the Secretary of the 
        Interior all functions relating to marine and estuarine 
        sanctuaries that on the day before the effective date of this 
        section were authorized to be performed by the National Ocean 
        Service.</DELETED>
<DELETED>    (p) Environmental Research Laboratories.--</DELETED>
        <DELETED>    (1) Transfer.--The environmental research 
        laboratories of the National Oceanic and Atmospheric 
        Administration (other than laboratories of the Office of 
        Oceanic and Atmospheric Research, referred to in subsection 
        (j)) shall be transferred to the Commerce Programs Resolution 
        Agency.</DELETED>
        <DELETED>    (2) Disposal.--The Commerce Programs Resolution 
        Agency shall attempt to sell the property of the laboratories 
        transferred under paragraph (1), within 18 months after the 
        effective date specified in section 213(a), to a private sector 
        entity intending to perform substantially the same functions as 
        were performed by the laboratories before such effective 
        date.</DELETED>
        <DELETED>    (3) Report.--If no offer to purchase property 
        under paragraph (2) is received within the 18-month period 
        described in such paragraph, the Commerce Programs Resolution 
        Agency shall submit a report to the Congress containing 
        recommendations on the appropriate disposition of the property 
        and functions of the laboratories transferred under paragraph 
        (1).</DELETED>

<DELETED>SEC. 212. MISCELLANEOUS ABOLISHMENTS.</DELETED>

<DELETED>    The following agencies and programs of the Department of 
Commerce are abolished, and the functions of those agencies or programs 
are abolished except to the extent otherwise provided in this 
Act:</DELETED>
        <DELETED>    (1) The Economic Development 
        Administration.</DELETED>
        <DELETED>    (2) The Minority Business Development 
        Administration.</DELETED>
        <DELETED>    (3) The United States Travel and Tourism 
        Administration.</DELETED>
        <DELETED>    (4) The National Telecommunications and 
        Information Administration.</DELETED>
        <DELETED>    (5) The Advanced Technology Program under section 
        28 of the National Institute of Standards and Technology Act 
        (15 U.S.C. 278n).</DELETED>
        <DELETED>    (6) The Manufacturing Extension Programs under 
        sections 25 and 26 of the National Institute of Standards and 
        Technology Act (15 U.S.C. 278k and 278l).</DELETED>

<DELETED>SEC. 213. EFFECTIVE DATE.</DELETED>

<DELETED>    (a) In General.--Except as provided in subsection (b), 
this title shall take effect on the effective date specified in section 
109(a).</DELETED>
<DELETED>    (b) Provisions Effective on Date of Enactment.--The 
following provisions of this title shall take effect on the date of the 
enactment of this Act:</DELETED>
        <DELETED>    (1) Section 201.</DELETED>
        <DELETED>    (2) Section 206(a)(2) and (d).</DELETED>
        <DELETED>    (3) Section 212.</DELETED>

<DELETED>SEC. 214. SENSE OF CONGRESS REGARDING USER FEES.</DELETED>

<DELETED>    It is the sense of the Congress that the head of each 
agency that performs a function vested in the agency by this Act 
should, wherever feasible, explore and implement user fees for the 
provision of services in the performance of that function, to offset 
operating costs.</DELETED>

         <DELETED>TITLE III--MISCELLANEOUS PROVISIONS</DELETED>

<DELETED>SEC. 301. REFERENCES.</DELETED>

<DELETED>    Any reference in any other Federal law, Executive order, 
rule, regulation, or delegation of authority, or any document of or 
pertaining to an office from which a function is transferred by this 
Act--</DELETED>
        <DELETED>    (1) to the Secretary of Commerce or an officer of 
        the Department of Commerce, is deemed to refer to the head of 
        the department or office to which such function is transferred; 
        or</DELETED>
        <DELETED>    (2) to the Department of Commerce or an agency in 
        the department of Commerce is deemed to refer to the department 
        or office to which such function is transferred.</DELETED>

<DELETED>SEC. 302. EXERCISE OF AUTHORITIES.</DELETED>

<DELETED>    Except as otherwise provided by law, a Federal official to 
whom a function is transferred by this Act may, for purposes of 
performing the function, exercise all authorities under any other 
provision of law that were available with respect to the performance of 
that function to the official responsible for the performance of the 
function immediately before the effective date of the transfer of the 
function under this Act.</DELETED>

<DELETED>SEC. 303. SAVINGS PROVISIONS.</DELETED>

<DELETED>    (a) Legal Documents.--All orders, determinations, rules, 
regulations, permits, grants, loans, contracts, agreements, 
certificates, licenses, and privileges--</DELETED>
        <DELETED>    (1) that have been issued, made, granted, or 
        allowed to become effective by the President, the Secretary of 
        Commerce, any officer or employee of any office transferred by 
        this Act, or any other Government official, or by a court of 
        competent jurisdiction, in the performance of any function that 
        is transferred by this Act, and</DELETED>
        <DELETED>    (2) that are in effect on the effective date of 
        such transfer (or become effective after such date pursuant to 
        their terms as in effect on such effective date),</DELETED>
<DELETED>shall continue in effect according to their terms until 
modified, terminated, superseded, set aside, or revoked in accordance 
with law by the President, any other authorized official, a court of 
competent jurisdiction, or operation of law.</DELETED>
<DELETED>    (b) Proceedings.--This Act shall not affect any 
proceedings or any application for any benefits, service, license, 
permit, certificate, or financial assistance pending on the date of the 
enactment of this Act before an office transferred by this Act, but 
such proceedings and applications shall be continued. Orders shall be 
issued in such proceedings, appeals shall be taken therefrom, and 
payments shall be made pursuant to such orders, as if this Act had not 
been enacted, and orders issued in any such proceeding shall continue 
in effect until modified, terminated, superseded, or revoked by a duly 
authorized official, by a court of competent jurisdiction, or by 
operation of law. Nothing in this subsection shall be considered to 
prohibit the discontinuance or modification of any such proceeding 
under the same terms and conditions and to the same extent that such 
proceeding could have been discontinued or modified if this Act had not 
been enacted.</DELETED>
<DELETED>    (c) Suits.--This Act shall not affect suits commenced 
before the date of the enactment of this Act, and in all such suits, 
proceeding shall be had, appeals taken, and judgments rendered in the 
same manner and with the same effect as if this Act had not been 
enacted.</DELETED>
<DELETED>    (d) Nonabatement of Actions.--No suit, action, or other 
proceeding commenced by or against the Department of Commerce or the 
Secretary of Commerce, or by or against any individual in the official 
capacity of such individual as an officer or employee of an office 
transferred by this Act, shall abate by reason of the enactment of this 
Act.</DELETED>
<DELETED>    (e) Continuance of Suits.--If any officer of the 
Department of Commerce or the Commerce Programs Resolution Agency in 
the official capacity of such officer is party to a suit with respect 
to a function of the officer, and under this Act such function is 
transferred to any other officer or office, then such suit shall be 
continued with the other officer or the head of such other office, as 
applicable, substituted or added as a party.</DELETED>

<DELETED>SEC. 304. TRANSFER OF ASSETS.</DELETED>

<DELETED>    Except as otherwise provided in this Act, so much of the 
personnel, property, records, and unexpended balances of 
appropriations, allocations, and other funds employed, used, held, 
available, or to be made available in connection with a function 
transferred to an official or agency by this Act shall be available to 
the official or the head of that agency, respectively, at such time or 
times as the Director of the Office of Management and Budget directs 
for use in connection with the functions transferred.</DELETED>

<DELETED>SEC. 305. DELEGATION AND ASSIGNMENT.</DELETED>

<DELETED>    Except as otherwise expressly prohibited by law or 
otherwise provided in this Act, an official to whom functions are 
transferred under this Act (including the head of any office to which 
functions are transferred under this Act) may delegate any of the 
functions so transferred to such officers and employees of the office 
of the official as the official may designate, and may authorize 
successive redelegations of such functions as may be necessary or 
appropriate. No delegation of functions under this section or under any 
other provision of this Act shall relieve the official to whom a 
function is transferred under this Act of responsibility for the 
administration of the function.</DELETED>

<DELETED>SEC. 306. AUTHORITY OF ADMINISTRATOR WITH RESPECT TO FUNCTIONS 
              TRANSFERRED.</DELETED>

<DELETED>    (a) Determinations.--If necessary, the Administrator shall 
make any determination of the functions that are transferred under this 
Act.</DELETED>
<DELETED>    (b) Incidental Transfers.--The Administrator, at such time 
or times as the Administrator shall provide, may make such 
determinations as may be necessary with regard to the functions 
transferred by this Act, and to make such additional incidental 
dispositions of personnel, assets, liabilities, grants, contracts, 
property, records, and unexpended balances of appropriations, 
authorizations, allocations, and other funds held, used, arising from, 
available to, or to be made available in connection with such 
functions, as may be necessary to carry out the provisions of this Act. 
The Administrator shall provide for the termination of the affairs of 
all entities terminated by this Act and for such further measures and 
dispositions as may be necessary to effectuate the purposes of this 
Act.</DELETED>

<DELETED>SEC. 307. PROPOSED CHANGES IN LAW.</DELETED>

<DELETED>    Not later than 1 year after the date of enactment of this 
Act, the Director of the Office of Management and Budget shall submit 
to the Congress a description of any changes in Federal law necessary 
to reflect abolishments, transfers, terminations, and disposals under 
this Act.</DELETED>

<DELETED>SEC. 308. CERTAIN VESTING OF FUNCTIONS CONSIDERED 
              TRANSFERS.</DELETED>

<DELETED>    For purposes of this Act, the vesting of a function in a 
department or office pursuant to reestablishment of an office shall be 
considered to be the transfer of the function.</DELETED>

<DELETED>SEC. 309. DEFINITIONS.</DELETED>

<DELETED>    For purposes of this Act, the following definitions 
apply:</DELETED>
        <DELETED>    (1) Administrator.--The term ``Administrator'' 
        means the Administrator of the Commerce Programs Resolution 
        Agency.</DELETED>
        <DELETED>    (2) Agency.--The term ``Agency'' means the 
        Commerce Programs Resolution Agency.</DELETED>
        <DELETED>    (3) Function.--The term ``function'' includes any 
        duty, obligation, power, authority, responsibility, right, 
        privilege, activity, or program.</DELETED>
        <DELETED>    (4) Office.--The term ``office'' includes any 
        office, administration, agency, bureau, institute, council, 
        unit, organizational entity, or component thereof.</DELETED>
        <DELETED>    (5) Wind-up period.--The term ``wind-up period'' 
        means the period beginning on the effective date specified in 
        section 109(a) and ending on the termination date specified in 
        section 106(d).</DELETED>

<DELETED>SEC. 310. LIMITATION ON ANNUAL EXPENDITURES FOR CONTINUED 
              FUNCTIONS.</DELETED>

<DELETED>    The amount expended by the United States each fiscal year 
for performance of a function which immediately before the effective 
date of this section was authorized to be performed by an agency, 
officer, or employee of the Department of Commerce may not exceed 75 
percent of the total amount expended by the United States for 
performance of that function during fiscal year 1994.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commerce Department Termination and 
Government Reorganization Act of 1995''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

                      TITLE I--GENERAL PROVISIONS

Sec. 101. Findings.
Sec. 102. Purposes.
Sec. 103. Definitions.

              TITLE II--UNITED STATES TRADE ADMINISTRATION

                       Subtitle A--Establishment

Sec. 201. Establishment of the Administration.
Sec. 202. Functions of the USTR.

                          Subtitle B--Officers

Sec. 211. Deputy Administrator of the United States Trade 
                            Administration.
Sec. 212. Deputy United States Trade Representatives.
Sec. 213. Assistant Administrators.
Sec. 214. Director General of the Commercial Service.
Sec. 215. General Counsel.
Sec. 216. Inspector General.
Sec. 217. Chief Financial Officer.

              Subtitle C--Transfers to the Administration

Sec. 221. Office of the United States Trade Representative.
Sec. 222. Transfers from the Department of Commerce.
Sec. 223. Transfer of the Export-Import Bank.
Sec. 224. Overseas Private Investment Corporation.
Sec. 225. Trade and Development Agency.
Sec. 226. Miscellaneous export promotion related functions.

                   Subtitle D--Termination Provisions

Sec. 231. Terminations of administrative units of the Department of 
                            Commerce.
Sec. 232. Termination of the Department of Commerce.

                 Subtitle E--Administrative Provisions

Sec. 241. Personnel provisions.
Sec. 242. Delegation and assignment.
Sec. 243. Succession.
Sec. 244. Reorganization.
Sec. 245. Rules.
Sec. 246. Contracts, grants, and cooperative agreements.
Sec. 247. Use of facilities.
Sec. 248. Gifts and bequests.
Sec. 249. Working Capital Fund.
Sec. 250. Seal of Administration.

                      Subtitle F--Related Agencies

Sec. 251. Interagency Trade Organization.
Sec. 252. National Security Council.
Sec. 253. International Monetary Fund.
Sec. 254. General Services Administration.
Sec. 255. Department of Labor.

                   Subtitle G--Conforming Amendments

Sec. 261. Amendments to general provisions.
Sec. 262. Repeals.
Sec. 263. Conforming amendments relating to Executive Schedule 
                            positions.

     TITLE III--ESTABLISHMENT OF NATIONAL OCEANIC AND ATMOSPHERIC 
                ADMINISTRATION AS AN INDEPENDENT AGENCY

              Subtitle A--Establishment of Administration

Sec. 301. Short title.
Sec. 302. Findings and purposes.
Sec. 303. Definitions.
Sec. 304. Establishment.
Sec. 305. Officers.
Sec. 306. Transfer of the National Oceanic and Atmospheric 
                            Administration from the Department of 
                            Commerce.

                  Subtitle B--Streamlining Provisions

Sec. 311. Personnel reductions.
Sec. 312. Transfer of aeronautical charting.
Sec. 313. Regulatory streamlining.
Sec. 314. Reduction in NOAA fleet.
Sec. 315. Reduction of reporting requirements.
Sec. 316. Laboratory consolidation study.

                 Subtitle C--Administrative Provisions

Sec. 321. Rules.
Sec. 322. Delegation.
Sec. 323. Personnel and services.
Sec. 324. Contracts.
Sec. 325. Use of facilities.
Sec. 326. Service charges.
Sec. 327. Acquisition and maintenance of property.
Sec. 328. Facilities at remote locations.
Sec. 329. Copyrights and patents.
Sec. 330. Gifts and bequests.
Sec. 331. Transfers of funds from other Federal agencies.
Sec. 332. Seal of Administration.
Sec. 333. Status of Administration under certain laws.
Sec. 334. Assistant Administrators as Executive Schedule positions.
Sec. 335. Coordination of environmental policy.

   TITLE IV--ESTABLISHMENT OF THE OFFICE OF PATENTS, TRADEMARKS, AND 
                               STANDARDS

                       Subtitle A--Establishment

Sec. 401. Definitions.
Sec. 402. Establishment of the Office of Patents, Trademarks, and 
                            Standards.
Sec. 403. Functions.
Sec. 404. Transfers to the Office.
Sec. 405. Additional officers.

                 Subtitle B--Administrative Provisions

Sec. 411. Rules.
Sec. 412. Delegation.
Sec. 413. Personnel and services.
Sec. 414. Contracts.
Sec. 415. Copyrights and patents.
Sec. 416. Gifts and bequests.
Sec. 417. Transfers of funds from other Federal agencies.
Sec. 418. Seal of Office.
Sec. 419. Status of Office under certain laws.

                   Subtitle C--Conforming Amendments

Sec. 421. Patent and Trademark Office.
Sec. 422. National Institute of Standards and Technology.
Sec. 423. Federal laboratories under the Stevenson-Wydler Technology 
                            Innovation Act of 1980.

                  TITLE V--GOVERNMENT 2000 COMMISSION

Sec. 501. Short title and purposes.
Sec. 502. The Commission.
Sec. 503. Legislative recommendations.
Sec. 504. Definition.
Sec. 505. Department and agency cooperation.
Sec. 506. Procedures for making recommendations.
Sec. 507. Congressional consideration of reform proposal.
Sec. 508. Implementation.
Sec. 509. Distribution of assets.

       TITLE VI--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

Sec. 601. Additional transfers.
Sec. 602. Transfer and allocations of appropriations and personnel.
Sec. 603. Incidental transfers.
Sec. 604. Effect on personnel.
Sec. 605. Savings provisions.
Sec. 606. Severability.
Sec. 607. Reference.
Sec. 608. Transition.
Sec. 609. Additional conforming amendments.

                        TITLE VII--MISCELLANEOUS

Sec. 701. Effective date.
Sec. 702. Interim appointments.
Sec. 703. Management of property by General Services Administration.
Sec. 704. Buy out authority for Department of Commerce.
Sec. 705. Reports by the Office of Management and Budget.
Sec. 706. Personnel and funding reductions resulting from 
                            reorganization.
Sec. 707. Authorization of appropriations.

                      TITLE I--GENERAL PROVISIONS

SEC. 101. FINDINGS.

    The Congress finds that--
            (1) the Federal Government's organization structure is 
        characterized by huge, hierarchical bureaucracies with 
        wholesale duplication, overlap, and fragmentation in functions 
        and spending;
            (2) the Department of Commerce is a microcosm of this 
        obsolete, dysfunctional structure, resembling a loosely knitted 
        ``holding company'' of agencies pursuing unrelated missions, 
        with no single mission or function as an exclusive province, 
        and responsibility for its functions shared with over 70 other 
        Federal entities;
            (3) the Department of Commerce directly serves only a small 
        number of favored American firms and industries and adds 
        insufficient value to justify its continued existence as it is 
        presently structured;
            (4) principal international economic goals of the United 
        States are to--
                    (A) maintain United States leadership in 
                international trade liberalization and expansion 
                efforts;
                    (B) reinvigorate the ability of the United States 
                economy to compete in international markets and respond 
                flexibly to changes in international competition; and
                    (C) expand United States participation in 
                international trade through aggressive promotion and 
                marketing of American products and services;
            (5) the economy of the United States is so inextricably 
        linked with the international economic system that all domestic 
        economic sectors are influenced by the dynamics of global trade 
        and investment;
            (6) the expansion of United States participation in 
        international trade will advance the general welfare of the 
        people of the United States by improving the competitiveness of 
        American businesses, increasing demand for American products 
        and services, creating jobs, and increasing the gross national 
        product;
            (7) the Federal Government can enhance the capability of 
        United States businesses to compete in foreign markets by 
        acting to--
                    (A) reduce trade barriers to sales and investments 
                by such businesses;
                    (B) promote American goods and services in foreign 
                countries and encourage aggressive participation by the 
                private sector in the international marketplace; and
                    (C) foster and maintain an international trade 
                system that establishes open, transparent, and fair 
                trade rules;
            (8) the present organizational structure of the Department 
        of Commerce and other Government international trade functions 
        is too diffuse and leads to inconsistent, conflicting, and 
        duplicative policies and actions, which impede United States 
        trade interests, create trade opportunities for international 
        competitors, and weaken the overall leadership of the United 
        States in international trade matters; and
            (9) the consolidation and streamlining of Government 
        functions relating to international trade, including functions 
        relating to policymaking, international negotiation, technical 
        analysis, export promotion, trade finance, and trade law 
        administration, into a United States Trade Administration will 
        provide the needed elevation and coordination of Government 
        activity in international trade and will advance a decisive and 
        unified trade policy that vigorously promotes United States 
        trade interests.

SEC. 102. PURPOSES.

    The purposes of this Act are to--
            (1) eliminate the Department of Commerce and restructure 
        its functions to put an end to wholesale duplication and 
        fragmentation, and bring coherence to the Federal Government's 
        management of its important missions;
            (2) eliminate unnecessary layers of bureaucracy affecting 
        trade, oceanic and atmospheric, standards, technology, 
        statistics, and intellectual property protection activities of 
        the Federal Government;
            (3) establish streamlined organization structures for the 
        performance of statistics, intellectual property, standards, 
        technology, and natural resource functions under the Department 
        of Commerce; and
            (4) enhance Federal Government trade-related activities by 
        establishing a single, consolidated organization structure 
        dedicated to the formulation of a decisive and unified policy 
        that vigorously promotes American trade interests.

SEC. 103. DEFINITIONS.

    For purposes of this Act, unless otherwise provided or indicated by 
the context--
            (1) the term ``Administration'' means the United States 
        Trade Administration;
            (2) the term ``administrative and support functions'' means 
        legal functions, investigative functions, budget preparation 
        and analysis functions, administrative functions, public 
        information functions, and congressional relations functions 
        carried out by a Federal agency, and such other support 
        services as may be determined by the head of such agency;
            (3) the term ``Federal agency'' has the meaning given to 
        the term ``agency'' by section 551(1) of title 5, United States 
        Code;
            (4) the term ``function'' means any duty, obligation, 
        power, authority, responsibility, right, privilege, activity, 
        or program;
            (5) the term ``office'' includes any office, 
        administration, agency, institute, unit, organizational entity, 
        or component thereof; and
            (6) the term ``USTR'' means the United States Trade 
        Representative as provided for under section 201.

              TITLE II--UNITED STATES TRADE ADMINISTRATION

                       Subtitle A--Establishment

SEC. 201. ESTABLISHMENT OF THE ADMINISTRATION.

    (a) In General.--There is established the United States Trade 
Administration which shall be an independent establishment in the 
executive branch of Government as defined under section 104 of title 5, 
United States Code. The USTR shall be the Administrator of the United 
States Trade Administration and shall be appointed by the President, by 
and with the advice and consent of the Senate.
    (b) Ambassador Status.--The USTR shall have the rank and status of 
Ambassador and shall represent the United States in all trade 
negotiations conducted by the Administration.
    (c) Successor to Department of Commerce.--The Administration shall 
be deemed the successor to the Department of Commerce for purposes of 
protocol.

SEC. 202. FUNCTIONS OF THE USTR.

    (a) In General.--In addition to the functions transferred to the 
USTR by this Act, such other functions as the President may assign or 
delegate to the USTR, and such other functions as the USTR may, after 
the effective date of this Act, be required to carry out by law, the 
USTR shall--
            (1) serve as the principal adviser to the President on 
        international trade policy and advise the President on the 
        impact of other policies of the United States Government on 
        international trade;
            (2) exercise primary responsibility, with the advice of the 
        interagency organization established under section 242 of the 
        Trade Expansion Act of 1962, for developing and implementing 
        international trade policy, including commodity matters and, to 
        the extent related to international trade policy, direct 
        investment matters and, in exercising such responsibility, 
        advance and implement the goals described in section 102 as the 
        primary mandate of the Administration;
            (3) exercise lead responsibility for the conduct of, and 
        shall be the chief representative of the United States for, 
        international trade negotiations, including commodity matters, 
        intellectual property rights, services, and direct investment 
        negotiations in which the United States participates;
            (4) act as principal spokesman of the President on 
        international trade;
            (5) with the advice of the interagency organization 
        established under section 242 of the Trade Expansion Act of 
        1962, issue policy guidance to other Federal agencies on 
        international trade, commodity, and direct investment functions 
        to the extent necessary to assure the coordination of 
        international trade policy;
            (6) have general operational responsibility for major 
        nonagricultural international trade functions under 
        Reorganization Plan No. 3 of 1979;
            (7) exercise lead responsibility for the establishment of a 
        national export strategy, including policies designed to 
        implement such strategy;
            (8) seek and promote new opportunities for United States 
        products and services to compete in the world marketplace;
            (9) enforce and administer the laws of the United States 
        relating to trade;
            (10) monitor compliance with international trade 
        agreements;
            (11) report directly to the Congress--
                    (A) on the administration of, and matters 
                pertaining to, the trade agreements program under the 
                Omnibus Trade and Competitiveness Act of 1988, the 
                Trade Act of 1974, the Trade Expansion Act of 1962, and 
                section 350 of the Tariff Act of 1930; and
                    (B) with respect to other important issues 
                pertaining to international trade;
            (12) keep each official adviser to the United States 
        delegations to international conferences, meetings, and 
        negotiation sessions relating to trade agreements who is 
        appointed from the Committee on Finance of the Senate or the 
        Committee on Ways and Means of the House of Representatives 
        under section 161 of the Trade Act of 1974 currently informed 
        on United States negotiating objectives with respect to trade 
        agreements, the status of negotiations in progress with respect 
        to such agreements, and the nature of any changes in domestic 
        law or the administration thereof which the USTR may recommend 
        to Congress to carry out any trade agreement;
            (13) consult and cooperate with State and local governments 
        and other interested parties on international trade matters of 
        interest to such governments and parties, and to the extent 
        related to international trade matters, on investment matters, 
        and, when appropriate, hold informal public hearings; and
            (14) serve as the principal adviser to the President on 
        government policies that may affect the ability of American 
        industry and services to compete in international markets.
    (b) Interagency Organization.--The USTR shall be the Chairman pro 
tempore of the interagency organization established under section 242 
of the Trade Expansion Act of 1962.
    (c) National Security Council.--The USTR shall be a member of the 
National Security Council.
    (d) Agriculture.--(1) The USTR shall consult with the Secretary of 
Agriculture or the designee of the Secretary of Agriculture on all 
matters that potentially involve international trade in agricultural 
products.
    (2) If an international meeting for negotiation or consultation 
includes discussion of international trade in agricultural products, 
the USTR or the designee of the USTR shall be Chairman of the United 
States delegation to such meeting and the Secretary of Agriculture or 
the designee of such Secretary shall be Vice Chairman. The provisions 
of this paragraph shall not limit the authority of the USTR under 
subsection (g) to assign responsibility for the conduct of, or 
participation in, any trade negotiation or meeting to the Secretary of 
Agriculture.
    (e) Trade Promotion.--The USTR shall be Chairman of the Trade 
Promotion Coordinating Committee established under section 2312 of the 
Export Enhancement Act of 1988 (15 U.S.C. 4727).
    (f) National Economic Council.--The USTR shall be a member of the 
National Economic Council established under Executive Order No. 12835, 
issued January 25, 1993.
    (g) International Trade Negotiations.--Except where expressly 
prohibited by law, the USTR, at the request or with the concurrence of 
the head of any other Federal agency, may assign the responsibility for 
conducting or participating in any specific international trade 
negotiation or meeting to the head of such agency whenever the USTR 
determines that the subject matter of such international trade 
negotiation is related to the functions carried out by such agency.

                          Subtitle B--Officers

SEC. 211. DEPUTY ADMINISTRATOR OF THE UNITED STATES TRADE 
              ADMINISTRATION.

    (a) Establishment.--There shall be in the Administration the Deputy 
Administrator of the United States Trade Administration, who shall be 
appointed by the President, by and with the advice and consent of the 
Senate.
    (b) Absence, Disability, or Vacancy of USTR.--The Deputy 
Administrator of the United States Trade Administration shall act for 
and exercise the functions of the USTR during the absence or disability 
of the USTR or in the event the office of the USTR becomes vacant. The 
Deputy Administrator of the United States Trade Administration shall 
act for and exercise the functions of the USTR until the absence or 
disability of the USTR no longer exists or a successor to the USTR has 
been appointed by the President and confirmed by the Senate.
    (c) Functions of Deputy Administrator of the United States Trade 
Administration.--The Deputy Administrator of the United States Trade 
Administration shall exercise all functions, under the direction of the 
USTR, transferred to or established in the Administration, except those 
functions exercised by the Deputy United States Trade Representatives, 
the Inspector General, and the General Counsel of the Administration, 
as provided by this Act.

SEC. 212. DEPUTY UNITED STATES TRADE REPRESENTATIVES.

    (a) Establishment.--There shall be in the Administration 2 Deputy 
United States Trade Representatives, who shall be appointed by the 
President, by and with the advice and consent of the Senate. The Deputy 
United States Trade Representatives shall exercise all functions under 
the direction of the USTR, and shall include--
            (1) the Deputy United States Trade Representative for 
        Negotiations; and
            (2) the Deputy United States Trade Representative to the 
        World Trade Organization.
    (b) Functions of Deputy United States Trade Representatives.--(1) 
The Deputy United States Trade Representative for Negotiations shall 
exercise all functions transferred under section 221 and shall have the 
rank and status of Ambassador.
    (2) The Deputy United States Trade Representative to the World 
Trade Organization shall exercise all functions relating to 
representation to the World Trade Organization and shall have the rank 
and status of Ambassador.

SEC. 213. ASSISTANT ADMINISTRATORS.

    (a) Establishment.--There shall be in the Administration 3 
Assistant Administrators, who shall be appointed by the President, by 
and with the advice and consent of the Senate. The Assistant 
Administrators shall exercise all functions under the direction of the 
Deputy Administrator of the United States Trade Administration and 
include--
            (1) the Assistant Administrator for Export Administration;
            (2) the Assistant Administrator for Import Administration; 
        and
            (3) the Assistant Administrator for Trade and Policy 
        Analysis.
    (b) Functions of Assistant Administrators.--(1) The Assistant 
Administrator for Export Administration shall exercise all functions 
transferred under section 222(3)(C).
    (2) The Assistant Administrator for Import Administration shall 
exercise all functions transferred under section 222(3)(D).
    (3) The Assistant Administrator for Trade and Policy Analysis shall 
exercise all functions transferred under section 222(3)(B) and all 
functions relating to the National Trade Data Bank included in the 
transfer of functions of the Secretary of Commerce to the USTR under 
section 222(1).

SEC. 214. DIRECTOR GENERAL OF THE COMMERCIAL SERVICE.

    (a) Establishment.--There shall be a Director General of the 
Commercial Service, who shall be appointed by the President, by and 
with the advice and consent of the Senate.
    (b) Functions.--The Director General of the Commercial Service 
shall exercise, under the direction of the USTR, all functions 
transferred under section 222 (3)(A) and (4).
    (c) Commercial Service.--(1) The United States and Foreign 
Commercial Service shall be known as the Commercial Service of the 
United States Trade Administration.
    (2) The Commercial Service and its functions are transferred to the 
Administration. All functions performed by the Secretary of Commerce or 
the Department of Commerce with respect to the Commercial Service are 
transferred to the Administration.

SEC. 215. GENERAL COUNSEL.

    There shall be in the Administration a General Counsel, who shall 
be appointed by the President, by and with the advice and consent of 
the Senate. The General Counsel shall provide legal assistance to the 
USTR concerning the activities, programs, and policies of the 
Administration.

SEC. 216. INSPECTOR GENERAL.

    There shall be in the Administration an Inspector General who shall 
be appointed in accordance with the Inspector General Act of 1978, as 
amended by section 261(b) of this Act.

SEC. 217. CHIEF FINANCIAL OFFICER.

    There shall be in the Administration a Chief Financial Officer who 
shall be appointed in accordance with section 901 of title 31, United 
States Code, as amended by section 261(e) of this Act. The Chief 
Financial Officer shall perform all functions prescribed by the Deputy 
Administrator of the United States Trade Administration, under the 
direction of the Deputy Administrator.

              Subtitle C--Transfers to the Administration

SEC. 221. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE.

    There are transferred to the USTR and the Administration all 
functions of the United States Trade Representative and the Office of 
the United States Trade Representative in the Executive Office of the 
President and all functions of any officer or employee of such Office.

SEC. 222. TRANSFERS FROM THE DEPARTMENT OF COMMERCE.

    Except for functions transferred by titles III and IV, there are 
transferred to the USTR and the Administration--
            (1) all functions of the Secretary of Commerce;
            (2) all functions of the Department of Commerce; and
            (3) all functions of, and all functions performed under the 
        direction of, the following officers and employees of the 
        Department of Commerce:
                    (A) The Under Secretary of Commerce for 
                International Trade, and the Director General of the 
                United States and Foreign Commercial Service, relating 
                to all functions performed by the Service.
                    (B) The Assistant Secretary of Commerce for 
                International Economic Policy and the Assistant 
                Secretary of Commerce for Trade Development.
                    (C) The Under Secretary for Export Administration 
                of the Department of Commerce.
                    (D) The Assistant Secretary for Import 
                Administration of the Department of Commerce.
                    (E) The Under Secretary for National 
                Telecommunications and Information Administration 
                relating to telecommunications policy analysis in 
                support of international trade policy and negotiations; 
                and
            (4) such functions relating to the promotion of tourism in 
        the United States under the International Travel Act of 1961 
        (22 U.S.C. 2121 through 2129) (before the repeal of such Act by 
        this Act) that are designated for transfer by the Director 
        General of the Commercial Service.

SEC. 223. TRANSFER OF THE EXPORT-IMPORT BANK.

    (a) In General.--(1) There are transferred to the USTR all 
functions of the Secretary of Commerce relating to the Export-Import 
Bank of the United States.
    (2) The Export-Import Bank of the United States is transferred to 
the Administration.
    (b) Ex Officio Member of Export-Import Bank Board of Directors.--
The Director General of the Commercial Service shall serve as an ex 
officio nonvoting member of the Board of Directors of the Export-Import 
Bank.
    (c) Amendments to Related Banking and Trade Acts.--Section 2301(h) 
of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 
4721(h)) is amended to read as follows:
    ``(h) Assistance to Export-Import Bank.--The Commercial Service 
shall provide such services as the Director General of the Commercial 
Service of the United States Trade Administration determines necessary 
to assist the Export-Import Bank of the United States to carry out the 
lending, loan guarantee, insurance, and other activities of the 
Bank.''.

SEC. 224. OVERSEAS PRIVATE INVESTMENT CORPORATION.

    (a) In General.--There are transferred to the USTR all functions of 
the Director of the United States International Development Cooperation 
Agency relating to the Overseas Private Investment Corporation.
    (b) Ex Officio Member of Overseas Private Investment Corporation 
Board of Directors.--The Director General of the Commercial Service 
shall serve as an ex officio nonvoting member of the Board of Directors 
of the Overseas Private Investment Corporation.

SEC. 225. TRADE AND DEVELOPMENT AGENCY.

    There are transferred to the USTR all functions of the Director of 
the Trade and Development Agency. There are transferred to the 
Administration all functions of the Trade and Development Agency.

SEC. 226. MISCELLANEOUS EXPORT PROMOTION RELATED FUNCTIONS.

    (a) In General.--There are transferred to the Administration all 
nonagricultural export promotion related functions, including trade 
missions and trade assistance programs, performed by each agency with 
representation on the Trade Promotion Coordinating Committee under 
section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727).
    (b) Determination Relating to Functions.--The Director of the 
Office of Management and Budget shall make any necessary determination 
relating to functions transferred under this section in accordance with 
section 603.

                   Subtitle D--Termination Provisions

SEC. 231. TERMINATIONS OF ADMINISTRATIVE UNITS OF THE DEPARTMENT OF 
              COMMERCE.

    (a) Economic Development Administration.--(1) The Economic 
Development Administration of the Department of Commerce is terminated. 
The Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 
et seq.) is repealed.
    (2) There are transferred to the Secretary of the Treasury the 
loans, notes, bonds, debentures, securities, and other financial 
obligations owned by the Department of Commerce under the Public Works 
and Economic Development Act of 1965, together with all assets or other 
rights (including security interests) incident thereto, and all 
liabilities related thereto. There are assigned to the Secretary of the 
Treasury the functions, powers, and abilities vested in or delegated to 
the Secretary of Commerce or the Department of Commerce to manage, 
service, collect, sell, dispose of, or otherwise realize proceeds on 
obligations owed to the Department of Commerce under authority of such 
Act with respect to any loans, obligations, or guarantees made or 
issued by the Department of Commerce pursuant to such Act.
    (3) No later than 18 months after the date of the enactment of this 
Act, the Comptroller General shall conduct an audit of all grants made 
or issued by the Department of Commerce under the Public Works and 
Economic Development Act of 1965 in fiscal year 1995 and all loans, 
obligations, and guarantees and shall transmit to Congress a report on 
the results of such audit.
    (b) United States Travel and Tourism Administration.--The United 
States Travel and Tourism Administration of the Department of Commerce 
is terminated.
    (c) National Telecommunications and Information Administration.--
The National Telecommunications and Information Administration of the 
Department of Commerce is terminated, except certain telecommunication, 
domestic policy, and standards and laboratory functions are transferred 
as provided under sections 222(3)(E), 254, and 404(a)(4).
    (d) Office of Chief Economist.--The Office of Chief Economist of 
the Department of Commerce is terminated.
    (e) Minority Business Development Agency.--The Minority Business 
Development Agency of the Department of Commerce is terminated and the 
functions of the agency are transferred to the Small Business 
Administration. This transfer does not include the transfer of any 
funds appropriated to carry out such function.
    (f) National Technical Information Service.--(1) The National 
Technical Information Service of the Department of Commerce is 
terminated.
    (2) During the 18-month period beginning on the effective date of 
this section, the General Services Administration shall attempt to sell 
the property of the National Technical Information Service to a private 
entity intending to perform substantially the same functions as were 
performed by the National Technical Information Service immediately 
before such effective date.
    (3) If no offer to purchase property under paragraph (2) is 
received within the 18-month period described in such paragraph, the 
General Services Administration shall submit a report to the Congress 
containing recommendations on the appropriate disposition of the 
property of the National Technical Information Service.
    (g) Specific Programs Terminated.--(1) The Advanced Technology 
Program under section 28 of the National Institute of Standards and 
Technology Act (15 U.S.C. 278n) is terminated. Any unobligated budget 
authority provided for such program available as of October 1, 1995 is 
cancelled on such date.
    (2) The Manufacturing Extension Programs under sections 25 and 26 
of the National Institute of Standards and Technology Act (15 U.S.C. 
278k and 278l) is terminated. Any unobligated budget authority provided 
for such program available as of October 1, 1995 is cancelled on such 
date.
    (h) Technology Administration.--The Technology Administration and 
the Office of Technology Policy are terminated.
    (i) Additional Transfers.--(1) The infrastructure grant authorities 
of the Economic Development Administration are transferred to the Rural 
Development Administration of the Department of Agriculture. This 
transfer does not include the transfer of any funds appropriated to 
carry out such authorities.
    (2) The defense conversion grant authorities of the Economic 
Development Administration are transferred to the Secretary of Defense. 
This transfer does not include the transfer of any funds appropriated 
to carry out such authorities.
    (j) Other Administrative Units.--Any administration, bureau, 
agency, service, office, or other administrative unit of the Department 
of Commerce that is not transferred or otherwise continued by this Act 
is terminated.

SEC. 232. TERMINATION OF THE DEPARTMENT OF COMMERCE.

    The Department of Commerce is terminated.

                 Subtitle E--Administrative Provisions

SEC. 241. PERSONNEL PROVISIONS.

    (a) Appointments.--The USTR may appoint and fix the compensation of 
such officers and employees, including investigators, attorneys, and 
administrative law judges, as may be necessary to carry out the 
functions of the USTR and the Administration. Except as otherwise 
provided by law, such officers and employees shall be appointed in 
accordance with the civil service laws and their compensation fixed in 
accordance with title 5, United States Code.
    (b) Positions Above GS-15.--(1) At the request of the USTR, the 
Director of the Office of Personnel Management shall, under section 
5108 of title 5, United States Code, provide for the establishment in a 
grade level above GS-15 of the General Service, and in the Senior 
Executive Service, of a number of noncareer positions in the 
Administration equal to 75 percent of the number of positions in that 
grade level which were used primarily for the performance of functions 
and offices transferred by this Act and which were assigned and filled 
on the day before the effective date of this Act.
    (2) Appointments to positions provided for under this subsection 
may be made without regard to the provisions of section 3324 of title 
5, United States Code, if the individual appointed in such position is 
an individual who is transferred in connection with the transfer of 
functions and offices under this Act and, on the day before the 
effective date of this Act, holds a position and has duties comparable 
to those of the position to which appointed under this subsection.
    (3) The authority under this subsection with respect to any 
position established at a grade level above GS-15 shall terminate when 
the person first appointed to fill such position ceases to hold such 
position.
    (4) For purposes of section 414(a)(3)(A) of the Civil Service 
Reform Act of 1978, an individual appointed under this subsection shall 
be deemed to occupy the same position as the individual occupied on the 
day before the effective date of this Act.
    (c) Experts and Consultants.--The USTR may obtain the services of 
experts and consultants in accordance with section 3109 of title 5, 
United States Code, and compensate such experts and consultants for 
each day (including traveltime) at rates not in excess of the maximum 
rate of pay for a position at a grade level above GS-15 of the General 
Schedule under section 5332 of such title. The USTR may pay experts and 
consultants who are serving away from their homes or regular place of 
business travel expenses and per diem in lieu of subsistence at rates 
authorized by sections 5702 and 5703 of such title for persons in 
Government service employed intermittently.
    (d) Voluntary Services.--(1)(A) The USTR is authorized to accept 
voluntary and uncompensated services without regard to the provisions 
of section 1342 of title 31, United States Code, if such services will 
not be used to displace Federal employees employed on a full-time, 
part-time, or seasonal basis.
    (B) The USTR is authorized to accept volunteer service in 
accordance with the provisions of section 3111 of title 5, United 
States Code.
    (2) The USTR is authorized to provide for incidental expenses, 
including but not limited to transportation, lodging, and subsistence 
for individuals who provide voluntary services under subparagraph (A) 
or (B) of paragraph (1).
    (3) An individual who provides voluntary services under paragraph 
(1)(A) shall not be considered a Federal employee for any purpose other 
than for purposes of chapter 81 of title 5, United States Code, 
relating to compensation for work injuries, and chapter 171 of title 
28, United States Code, relating to tort claims.
    (e) Foreign Service Positions.--In order to assure United States 
representation in trade matters at a level commensurate with the level 
of representation maintained by industrial nations which are major 
trade competitors of the United States, the Secretary of State shall 
classify certain positions at Foreign Service posts as commercial 
minister positions and shall assign members of the Foreign Service 
performing functions of the Administration, with the concurrence of the 
USTR, to such positions in nations which are major trade competitors of 
the United States. The Secretary of State shall obtain and use the 
recommendations of the USTR with respect to the number of positions to 
be so classified under this subsection.

SEC. 242. DELEGATION AND ASSIGNMENT.

    Except where otherwise expressly prohibited by law or otherwise 
provided by this Act, the USTR may delegate any of the functions 
transferred to the USTR by this Act and any function transferred or 
granted to the USTR after the effective date of this Act to such 
officers and employees of the Administration as the USTR may designate, 
and may authorize successive redelegations of such functions as may be 
necessary or appropriate. No delegation of functions by the USTR under 
this section or under any other provision of this Act shall relieve the 
USTR of responsibility for the administration of such functions.

SEC. 243. SUCCESSION.

    (a) Order of Succession.--Subject to the authority of the 
President, and except as provided in section 211(b), the USTR shall 
prescribe the order by which officers of the Administration who are 
appointed by the President, by and with the advice and consent of the 
Senate, shall act for, and perform the functions of, the USTR or any 
other officer of the Administration appointed by the President, by and 
with the advice and consent of the Senate, during the absence or 
disability of the USTR or such other officer, or in the event of a 
vacancy in the office of the USTR or such other officer.
    (b) Continuation.--Notwithstanding any other provision of law, and 
unless the President directs otherwise, an individual acting for the 
USTR or another officer of the Administration pursuant to subsection 
(a) shall continue to serve in that capacity until the absence or 
disability of the USTR or such other officer no longer exists or a 
successor to the USTR or such other officer has been appointed by the 
President and confirmed by the Senate.

SEC. 244. REORGANIZATION.

    (a) In General.--Subject to subsection (b), the USTR is authorized 
to allocate or reallocate functions among the officers of the 
Administration, and to establish, consolidate, alter, or discontinue 
such organizational entities in the Administration as may be necessary 
or appropriate.
    (b) Exception.--The USTR may not exercise the authority under 
subsection (a) to establish, consolidate, alter, or discontinue any 
organizational entity in the Administration or allocate or reallocate 
any function of an officer or employee of the Administration that is 
inconsistent with any specific provision of this Act.

SEC. 245. RULES.

    The USTR is authorized to prescribe, in accordance with the 
provisions of chapters 5 and 6 of title 5, United States Code, such 
rules and regulations as the USTR determines necessary or appropriate 
to administer and manage the functions of the USTR or the 
Administration.

SEC. 246. CONTRACTS, GRANTS, AND COOPERATIVE AGREEMENTS.

    (a) In General.--Subject to the provisions of the Federal Property 
and Administrative Services Act of 1949, the USTR may make, enter into, 
and perform such contracts, leases, cooperative agreements, grants, or 
other similar transactions with public agencies, private organizations, 
and persons, and make payments (in lump sum or installments, and by way 
of advance or reimbursement, and, in the case of any grant, with 
necessary adjustments on account of overpayments and underpayments) as 
the USTR considers necessary or appropriate to carry out the functions 
of the USTR or the Administration.
    (b) Exception.--Notwithstanding any other provision of this Act, 
the authority to enter into contracts or to make payments under this 
title shall be effective only to such extent or in such amounts as are 
provided in advance in appropriation Acts. This subsection does not 
apply with respect to the authority granted under section 248.

SEC. 247. USE OF FACILITIES.

    (a) Use by USTR.--With their consent, the USTR, with or without 
reimbursement, may use the research, services, equipment, and 
facilities of--
            (1) an individual;
            (2) any public or private nonprofit agency or organization, 
        including any agency or instrumentality of the United States or 
        of any State, the District of Columbia, the Commonwealth of 
        Puerto Rico, or any territory or possession of the United 
        States;
            (3) any political subdivision of any State, the District of 
        Columbia, the Commonwealth of Puerto Rico, or any territory or 
        possession of the United States; or
            (4) any foreign government,
in carrying out any function of the USTR or the Administration.
    (b) Use of USTR Facilities.--The USTR, under terms, at rates, and 
for periods that the USTR considers to be in the public interest, may 
permit the use by public and private agencies, corporations, 
associations or other organizations, or by individuals, of any real 
property, or any facility, structure or other improvement thereon, 
under the custody of the USTR. The USTR may require permittees under 
this section to maintain or recondition, at their own expense, the real 
property, facilities, structures, and improvements used by such 
permittees.

SEC. 248. GIFTS AND BEQUESTS.

    (a) In General.--The USTR is authorized to accept, hold, 
administer, and utilize gifts and bequests of property, both real and 
personal, for the purpose of aiding or facilitating the work of the 
Administration. Gifts and bequests of money and the proceeds from sales 
of other property received as gifts or bequests shall be deposited in 
the United States Treasury in a separate fund and shall be disbursed on 
order of the USTR. Property accepted pursuant to this paragraph, and 
the proceeds thereof, shall be used as nearly as possible in accordance 
with the terms of the gift or bequest.
    (b) Tax Treatment.--For the purpose of Federal income, estate, and 
gift taxes, and State taxes, property accepted under subsection (a) 
shall be considered a gift or bequest to or for use of the United 
States.
    (c) Investment.--Upon the request of the USTR, the Secretary of the 
Treasury may invest and reinvest in securities of the United States or 
in securities guaranteed as to principal and interest by the United 
States any moneys contained in the fund provided for in subsection (a). 
Income accruing from such securities, and from any other property held 
by the USTR pursuant to subsection (a), shall be deposited to the 
credit of the fund, and shall be disbursed upon order of the USTR.

SEC. 249. WORKING CAPITAL FUND.

    (a) Establishment.--The USTR is authorized to establish for the 
Administration a working capital fund, to be available without fiscal 
year limitation, for expenses necessary for the maintenance and 
operation of such common administrative services as the USTR shall find 
to be desirable in the interest of economy and efficiency, including--
            (1) a central supply service for stationery and other 
        supplies and equipment for which adequate stocks may be 
        maintained to meet in whole or in part the requirements of the 
        Administration and its components;
            (2) central messenger, mail, and telephone service and 
        other communications services;
            (3) office space, central services for document 
        reproduction and for graphics and visual aids;
            (4) a central library service; and
            (5) such other services as may be approved by the Director 
        of the Office of Management and Budget.
    (b) Operation of Fund.--The capital of the fund shall consist of 
any appropriations made for the purpose of providing working capital 
and the fair and reasonable value of such stocks of supplies, 
equipment, and other assets and inventories on order as the USTR may 
transfer to the fund, less the related liabilities and unpaid 
obligations. The fund shall be reimbursed in advance from available 
funds of agencies and offices in the Administration, or from other 
sources, for supplies and services at rates which will approximate the 
expense of operation, including the accrual of annual leave and the 
depreciation of equipment. The fund shall also be credited with 
receipts from sale or exchange of property and receipts in payment for 
loss or damage to property owned by the fund. There shall be covered 
into the United States Treasury as miscellaneous receipts any surplus 
of the fund (all assets, liabilities, and prior losses considered) 
above the amounts transferred or appropriated to establish and maintain 
the fund. There shall be transferred to the fund the stocks of 
supplies, equipment, other assets, liabilities, and unpaid obligations 
relating to those services which the USTR determines will be performed.

SEC. 250. SEAL OF ADMINISTRATION.

    The USTR shall cause a seal of office to be made for the 
Administration of such design as the USTR shall approve. Judicial 
notice shall be taken of such seal.

                      Subtitle F--Related Agencies

SEC. 251. INTERAGENCY TRADE ORGANIZATION.

    Section 242(a)(3) of the Trade Expansion Act of 1962 (19 U.S.C. 
1872(a)(3)) is amended to read as follows:
            ``(3)(A) The interagency organization established under 
        subsection (a) shall be composed of--
                    ``(i) the United States Trade Representative, who 
                shall be Chairman,
                    ``(ii) the Secretary of Agriculture,
                    ``(iii) the Secretary of the Treasury,
                    ``(iv) the Secretary of Labor,
                    ``(v) the Secretary of State, and
                    ``(vi) the representatives of such other 
                departments and agencies as the United States Trade 
                Representative shall designate.
            ``(B) The United States Trade Representative may invite 
        representatives from other agencies, as appropriate, to attend 
        particular meetings if subject matters of specific functional 
        interest to such agencies are under consideration. It shall 
        meet at such times and with respect to such matters as the 
        President or the Chairman shall direct.''.

SEC. 252. NATIONAL SECURITY COUNCIL.

    The fourth paragraph of section 101(a) of the National Security Act 
of 1947 (50 U.S.C. 402(a)) is amended--
            (1) by redesignating clauses (5), (6), and (7) as clauses 
        (6), (7), and (8), respectively; and
            (2) by inserting after clause (4) the following new clause:
            ``(5) the United States Trade Representative;''.

SEC. 253. INTERNATIONAL MONETARY FUND.

    Section 3 of the Bretton Woods Agreement Act is amended by adding 
at the end thereof the following new subsection:
    ``(e) The United States executive director of the Fund shall 
consult with the United States Trade Representative with respect to 
matters under consideration by the Fund which relate to trade.''.

SEC. 254. GENERAL SERVICES ADMINISTRATION.

    There are transferred to the General Services Administration 
functions relating to the management of Federal use of radio frequency 
spectrum in accordance with Executive Order No. 12046, issued pursuant 
to section 305 of the Communications Act of 1934 (47 U.S.C. 305), 
exercised by the National Telecommunications Information Administration 
of the Department of Commerce.

SEC. 255. DEPARTMENT OF LABOR.

    (a) Transfer of Functions.--All functions of the Secretary of 
Commerce relating to the Bureau of the Census and the Bureau of 
Economic Analysis of the Department of Commerce are transferred to the 
Secretary of Labor.
    (b) Transfer of Bureaus.--The Bureau of the Census and the Bureau 
of Economic Analysis of the Department of Commerce are transferred to 
the Department of Labor.
    (c) Consolidation With the Bureau of Labor Statistics.--The 
Secretary of Labor shall consolidate the Bureaus transferred under 
subsection (b) with the Bureau of Labor Statistics within the 
Department of Labor.
    (d) References to Secretary.--Section (1)(2) of title 13, United 
States Code, is amended by striking out ``Secretary of Commerce'' and 
inserting in lieu thereof ``Secretary of Labor''.
    (e) References to Department.--Section 2 of title 13, United States 
Code, is amended by striking out ``Department of Commerce'' and 
inserting in lieu thereof ``Department of Labor''.
    (f) General References to Secretary and Department.--The provisions 
of title 13, United States Code, are further amended--
            (1) by striking out ``Secretary of Commerce'' in each place 
        such term appears and insert in lieu thereof ``Secretary of 
        Labor''; and
            (2) by striking out ``Department of Commerce'' each place 
        such term appears and inserting in lieu thereof ``Department of 
        Labor''.

                   Subtitle G--Conforming Amendments

SEC. 261. AMENDMENTS TO GENERAL PROVISIONS.

    (a) Presidential Succession.--Section 19(d)(1) of title 3, United 
States Code, is amended by striking out ``Secretary of Commerce,'' and 
inserting in lieu thereof ``the United States Trade Representative,''.
    (b) Inspector General.--The Inspector General Act of 1978 is 
amended--
            (1) in subsection 9(a)(1)--
                    (A) by striking out subparagraph (B);
                    (B) by redesignating subparagraphs (C) through (L) 
                as subparagraphs (B) through (K), respectively; and
                    (C) by inserting before subparagraph (M) the 
                following:
            ``(L) of the United States Trade Representative, all 
        functions of the Inspector General of the Department of 
        Commerce and the Office of the Inspector General of the 
        Department of Commerce relating to the functions transferred to 
        the United States Trade Representative by section 232 of the 
        Commerce Department Termination and Government Reorganization 
        Act of 1995;''; and
            (2) in section 11--
                    (A) by striking out ``Commerce,'' each place it 
                appears;
                    (B) in paragraph (1) by inserting ``the United 
                States Trade Representative'' after ``the Attorney 
                General;''; and
                    (C) in paragraph (2) by inserting ``United States 
                Trade Administration'' after ``Treasury;''.
    (c) Amendment to the Trade Act of 1974.--(1) Chapter 4 of title I 
of the Trade Act of 1974 is amended to read as follows:

           ``CHAPTER 4--REPRESENTATION IN TRADE NEGOTIATIONS

``SEC. 141. FUNCTIONS OF THE UNITED STATES TRADE REPRESENTATIVE.

    ``The United States Trade Representative of the United States Trade 
Administration as established under section 201 of the Commerce 
Department Termination and Government Reorganization Act of 1995 shall 
perform such representation, trade negotiation, and other functions as 
provided under such Act.''.
    (2) The table of contents in the first section of the Trade Act of 
1974 is amended by striking out the items relating to chapter 4 and 
section 141 and inserting in lieu thereof the following:

           ``Chapter 4--Representation in Trade Negotiations

``Sec. 141. Functions of the United States Trade Representative.''.
    (d) Foreign Service Personnel.--The Foreign Service Act of 1980 is 
amended by striking out paragraph (3) of section 202(a) (22 U.S.C. 
3922(a)) and inserting in lieu thereof the following:
            ``(3) The United States Trade Representative of the United 
        States Trade Administration may utilize the Foreign Service 
        personnel system in accordance with this Act--
                    ``(A) with respect to the personnel performing 
                functions--
                            ``(i) which were transferred to the 
                        Department of Commerce from the Department of 
                        State by Reorganization Plan No. 3 of 1979; and
                            ``(ii) which were subsequently transferred 
                        to the United States Trade Representative by 
                        section 232 of the Commerce Department 
                        Termination and Government Reorganization Act 
                        of 1995; and
                    ``(B) with respect to other personnel of the United 
                States Trade Administration to the extent the President 
                determines to be necessary in order to enable the 
                United States Trade Administration to carry out 
                functions which require service abroad.''.
    (e) Chief Financial Officers.--Section 901(b)(1) of title 31, 
United States Code, is amended by adding at the end thereof the 
following:
                    ``(Q) The United States Trade Administration.''.

SEC. 262. REPEALS.

    (a) Establishment of Department of Commerce.--(1) The first section 
of the Act entitled ``An Act to establish the Department of Commerce 
and Labor'', approved February 14, 1903 (15 U.S.C. 1501), is repealed.
    (2) The first section of the Act entitled ``An Act to create a 
Department of Labor'', approved March 4, 1913 (15 U.S.C. 1501), is 
amended by striking out beginning with ``and the Department of Commerce 
and Labor'' through ``accordingly''.
    (b) Under Secretary of Commerce.--Sections 1 and 2 of the Act of 
June 5, 1939 (15 U.S.C. 1502 and 1503; 53 Stat. 808) relating to the 
Under Secretary of Commerce is repealed.
    (c) Under Secretary of Commerce for Economic Affairs.--Subsection 
(a) of the first section of the Act entitled ``An Act to authorize an 
Under Secretary of Commerce for Economic Affairs'', approved June 16, 
1982 (96 Stat. 115; 15 U.S.C. 1503a), is repealed.
    (d) Assistant Secretary of Commerce.--The Act entitled ``An Act to 
provide for the appointment of one additional Assistant Secretary of 
Commerce, and for other purposes'', approved July 15, 1947 (15 U.S.C. 
1505), is repealed.
    (e) Additional Assistant Secretaries of Commerce.--(1) The first 
sentence of section 304 of the Department of Commerce Appropriation 
Act, 1955 (15 U.S.C. 1506), is repealed.
    (2) The Act entitled ``An Act to authorize an additional Assistant 
Secretary of Commerce'', approved February 16, 1962 (15 U.S.C. 1507), 
is repealed.
    (3) Subsection (a) of section 9 of the Maritime Appropriation 
Authorization Act for Fiscal Year 1978 (15 U.S.C. 1507b), is repealed.
    (4) Section 407(b) of Public Law 99-659 (15 U.S.C. 1507c; 100 Stat. 
3739) is repealed.
    (f) General Counsel of Department of Commerce.--(1) The first 
section of the Act of March 18, 1904 (33 Stat. 135, chapter 716; 15 
U.S.C. 1508), is amended by striking out the paragraph relating to the 
Office of the Solicitor of the Department of Commerce and Labor.
    (2) Section 2 of the Act of July 17, 1952 (66 Stat. 758, chapter 
932; 15 U.S.C. 1508), is repealed.
    (g) Designation of Assistant Secretaries for Routine Duties.--
Chapter 129 of title III of the Act of May 21, 1945 (15 U.S.C. 1509; 59 
Stat. 188) is repealed.
    (h) Bureaus in Department of Commerce.--(1) Sections 4 and 12 of 
the Act entitled ``An Act to Establish the Department of Commerce and 
Labor'', approved February 14, 1903 (15 U.S.C. 1511 and 1516), are 
repealed.
    (2) The first section of the Act of August 23, 1912 (37 Stat. 407, 
chapter 350; 15 U.S.C. 1511), is amended by striking out the paragraph 
relating to the Bureau of Foreign and Domestic Commerce.
    (3) The first section of the Act of January 5, 1923 (42 Stat. 1109, 
chapter 23; 15 U.S.C. 1511), is repealed.
    (4) The first section of the Act of May 27, 1936 (49 Stat. 1380, 
chapter 463; 15 U.S.C. 1511), is repealed.
    (i) Annual Reports.--Section 8 of the Act entitled ``An Act to 
establish the Department of Commerce and Labor'', approved February 14, 
1903 (15 U.S.C. 1519), is repealed.
    (j) Working Capital Fund.--Title III of the Act entitled ``An Act 
making appropriations for the Departments of State, Justice, and 
Commerce for the fiscal year ending June 30, 1945, and for other 
purposes'', approved June 28, 1944 (15 U.S.C. 1521), is amended by 
striking out the paragraph relating to the working capital fund of the 
Department of Commerce.
    (k) Gifts, Tax Status, and Investment.--Sections 1, 2, and 3 of 
Public Law 88-611 (15 U.S.C. 1522, 1523, and 1524) are repealed.
    (l) International Travel and Tourism.--The International Travel Act 
of 1961 (22 U.S.C. 2121 through 2129) is repealed.

SEC. 263. CONFORMING AMENDMENTS RELATING TO EXECUTIVE SCHEDULE 
              POSITIONS.

    (a) Positions at Level I.--Section 5312 of title 5, United States 
Code, is amended--
            (1) by striking out the item relating to the Secretary of 
        Commerce; and
            (2) by amending the item relating to the United States 
        Trade Representative to read as follows: ``The United States 
        Trade Representative of the United States Trade 
        Administration.''.
    (b) Positions at Level II.--(1) The position of Deputy Secretary of 
the Department of Commerce established under section 2(b) of 
Reorganization Plan No. 3 of 1979 at level II of the Executive Schedule 
(by reference to section 5313 of title 5, United States Code) is 
terminated.
    (2) Section 5313 of title 5, United States Code, is amended by 
adding at the end thereof the following:
            ``Deputy Administrator of the United States Trade 
        Administration.
            ``Deputy United States Trade Representatives, United States 
        Trade Administration (2).''.
    (c) Positions at Level III.--Section 5314 of title 5, United States 
Code, is amended--
            (1) by striking out the item relating to the Under 
        Secretary of Commerce, Under Secretary of Commerce for Economic 
        Affairs, Under Secretary of Commerce for Export Administration, 
        and Under Secretary of Commerce for Travel and Tourism;
            (2) by striking out the item relating to the Under 
        Secretary of Commerce for Oceans and Atmosphere, the incumbent 
        of which also serves as the Administrator of the National 
        Oceanic and Atmospheric Administration;
            (3) by striking out the item relating to the Under 
        Secretary of Commerce for Technology; and
            (4) by adding at the end thereof the following:
            ``Assistant Administrators, United States Trade 
        Administration (4).
            ``Administrator of the National Oceanic and Atmospheric 
        Administration.
            ``Director of the Office of Patents, Trademarks, and 
        Standards.
            ``Director General of the Commercial Service, United States 
        Trade Administration.''.
    (d) Positions at Level IV.--Section 5315 of title 5, United States 
Code, is amended--
            (1) by striking out the item relating to Assistant 
        Secretaries of Commerce (11);
            (2) by striking out the item relating to the General 
        Counsel of the Department of Commerce;
            (3) by striking out the item relating to the Assistant 
        Secretary of Commerce for Oceans and Atmosphere, the incumbent 
        of which also serves as Deputy Administrator of the National 
        Oceanic and Atmospheric Administration;
            (4) by striking out the item relating to the Director, 
        National Institute of Standards and Technology, Department of 
        Commerce;
            (5) by striking out the item relating to the Assistant 
        Secretary of Commerce and Director General of the United States 
        and Foreign Commercial Service;
            (6) by striking out the item relating to the Inspector 
        General, Department of Commerce;
            (7) by striking out the item relating to the Director, 
        Bureau of the Census, Department of Commerce;
            (8) by striking out the item relating to the Chief 
        Financial Officer, Department of Commerce; and
            (9) by adding at the end thereof the following:
            ``General Counsel, United States Trade Administration.
            ``Inspector General, United States Trade Administration.
            ``Chief Financial Officer, United States Trade 
        Administration.
            ``Deputy Administrator, National Oceanic and Atmospheric 
        Administration.
            ``Director of the Bureau of the Census, Department of the 
        Treasury.
            ``Commissioner of Patents and Trademarks, Office of 
        Patents, Trademarks, and Standards.
            ``Director of the National Institute of Standards and 
        Technology, Office of Patents, Trademarks, and Standards.''.
    (e) Positions at Level V.--Section 5316 of title 5, United States 
Code, is amended--
            (1) by striking out the item relating to the Commissioner 
        of Patents, Department of Commerce;
            (2) by striking out the item relating to the Director, 
        United States Travel Service, Department of Commerce;
            (3) by striking out the item relating to the National 
        Export Expansion Coordinator, Department of Commerce; and
            (4) by adding at the end thereof the following:
            ``General Counsel, Office of Patents, Trademarks, and 
        Standards.
            ``Inspector General, Office of Patents, Trademarks, and 
        Standards.
            ``Chief Financial Officer, Office of Patents, Trademarks, 
        and Standards.''.

     TITLE III--ESTABLISHMENT OF NATIONAL OCEANIC AND ATMOSPHERIC 
                ADMINISTRATION AS AN INDEPENDENT AGENCY

              Subtitle A--Establishment of Administration

SEC. 301. SHORT TITLE.

    This title may be cited as the ``National Oceanic and Atmospheric 
Administration Act of 1995''.

SEC. 302. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that the establishment of an 
independent agency for ocean, coastal, and atmospheric programs will--
            (1) provide a focus for ocean, coastal, and atmospheric 
        activities;
            (2) facilitate the development of a single agency and a 
        unified means for research concerning ocean, coastal, and 
        atmospheric programs; and
            (3) aid in the establishment of a coherent program to 
        promote understanding, assessment, development, management, 
        conservation, and protection of ocean, coastal, and atmospheric 
        environments.
    (b) Purposes.--The purposes of this title are to establish the 
National Oceanic and Atmospheric Administration as an independent 
agency and to streamline and improve the efficiency of the operations 
of the Administration.

SEC. 303. DEFINITIONS.

    For the purposes of this title--
            (1) the term ``Administration'' means the National Oceanic 
        and Atmospheric Administration established under section 304; 
        and
            (2) the term ``Administrator'' means the Administrator of 
        the National Oceanic and Atmospheric Administration.

SEC. 304. ESTABLISHMENT.

    There is established the National Oceanic and Atmospheric 
Administration which shall be an independent establishment in the 
executive branch of Government as defined under section 104 of title 5, 
United States Code. The Administration shall succeed the National 
Oceanic and Atmospheric Administration of the Department of Commerce in 
existence on the day before the effective date of this Act.

SEC. 305. OFFICERS.

    (a) Administrator.--The Administration shall be administered by an 
Administrator, who shall be appointed by the President, by and with the 
advice and consent of the Senate. The Administrator shall carry out all 
functions transferred to the Administrator by this Act and shall have 
authority and control over all personnel, programs, and activities of 
the Administration.
    (b) Deputy Administrator.--There shall be in the Administration a 
Deputy Administrator, who shall be appointed by the President, by and 
with the advice and consent of the Senate. The Deputy Administrator 
shall perform such functions as the Administrator shall prescribe. The 
Deputy Administrator shall act for and perform the functions of the 
Administrator during the absence or disability of the Administrator, or 
in the event of a vacancy in the office of the Administrator.
    (c) Assistant Administrators.--There shall be in the Administration 
not less than 3 and not more than 5 Assistant Administrators, who shall 
be appointed by the Administrator. The Assistant Administrators shall 
perform such functions as the Administrator shall prescribe.
    (d) General Counsel.--There shall be in the Administration a 
General Counsel, who shall be appointed by the Administrator. The 
General Counsel shall be the chief legal officer for all legal matters 
arising from the conduct of the functions of the Administration.
    (e) Chief Scientist.--The Chief Scientist of the Administration 
shall be appointed in accordance with section 2(d) of Reorganization 
Plan No. 4 of 1970.
    (f) Director of National Sea Grant College Program.--(1) There 
shall be in the Administration a Director of the national sea grant 
college program, who shall be appointed by the Administrator and who 
shall be a qualified individual who has knowledge or expertise in 
fields relating to ocean and coastal resources and appropriate 
administrative experience. The Director of the national sea grant 
college program shall be appointed without regard to the provisions of 
title 5, United States Code, governing appointments in the competitive 
service, and shall be compensated at a rate not in excess of the 
maximum rate for a position above GS-15 of the General Schedule.
    (2) The Director of the national sea grant college program shall 
administer the national sea grant college program subject to the 
supervision of the Administrator and in accordance with functions 
prescribed by law or by the Administrator.
    (g) Inspector General.--(1) There shall be in the Administration an 
Inspector General who shall be appointed in accordance with the 
Inspector General Act of 1978, as amended by this subsection.
    (2) Section 11 of the Inspector General Act of 1978 (as amended by 
this Act) is further amended--
            (A) in paragraph (1) by inserting ``, or the Administrator 
        of the National Oceanic and Atmospheric Administration'' before 
        ``; as the case''; and
            (B) in paragraph (2) by inserting ``, or the National 
        Oceanic and Atmospheric Administration,'' before ``; as the 
        case''.
    (h) Chief Financial Officer.--(1) There shall be in the 
Administration a Chief Financial Officer who shall be appointed in 
accordance with section 901 of title 31, United States Code, as amended 
by paragraph (2).
    (2) Section 901(b)(2) of title 31, United States Code, is amended 
by adding at the end thereof the following:
                    ``(H) The National Oceanic and Atmospheric 
                Administration.''.
    (i) Commissioned Officer Corps.--(1) There shall be in the 
Administration a Commissioned Officer Corps, which shall be the 
Commissioned Officer Corps of the National Oceanic and Atmospheric 
Administration established by Reorganization Plan No. 4 of 1970. 
Members of the Corps, including those appointed after the effective 
date of this Act, shall be entitled to all rights, privileges, and 
benefits available under any law to commissioned officers of the 
Commissioned Officer Corps of the National Oceanic and Atmospheric 
Administration of the Department of Commerce on the day before the 
effective date of this Act.
    (2) All laws and regulations applicable to commissioned officers of 
the National Oceanic and Atmospheric Administration of the Department 
of Commerce on the day before the effective date of this Act shall be 
applicable to commissioned officers of the Administration.

SEC. 306. TRANSFER OF THE NATIONAL OCEANIC AND ATMOSPHERIC 
              ADMINISTRATION FROM THE DEPARTMENT OF COMMERCE.

    (a) Transfer.--The National Oceanic and Atmospheric Administration 
of the Department of Commerce is transferred to the Administration.
    (b) Commerce Functions.--All functions of the Secretary of Commerce 
or the Department of Commerce with respect to or being administered 
through the National Oceanic and Atmospheric Administration of the 
Department of Commerce or the Administrator of such Administration on 
the day before the effective date of this Act are transferred to the 
Administrator appointed under section 305(a).
    (c) NOAA Functions.--All functions of the National Oceanic and 
Atmospheric Administration of the Department of Commerce or the 
Administrator of such Administration are transferred to the 
Administrator appointed under section 305(a).

                  Subtitle B--Streamlining Provisions

SEC. 311. PERSONNEL REDUCTIONS.

    (a) Full-Time Equivalent Positions.--
            (1) Reductions.--No later than September 30, 1999, the 
        Administrator shall take such action as necessary to reduce the 
        number of full-time equivalent positions of the National 
        Oceanic and Atmospheric Administration to ensure that the total 
        number of such positions in the Administration shall be no more 
        than the number described under paragraph (2).
            (2) Number of positions.--The number referred to under 
        paragraph (1) is 2,318 less than the number of full-time 
        equivalent positions in the National Oceanic and Atmospheric 
        Administration on September 30, 1993.
    (b) Authorized Number of Commissioned Officers.--
            (1) In general.--The National Oceanic and Atmospheric 
        Administration is authorized an end-of-year personnel strength 
        for commissioned officers on the active list of--
                    (A) 383 as of September 30, 1996;
                    (B) 345 as of September 30, 1997;
                    (C) 311 as of September 30, 1998; and
                    (D) 285 as of September 30, 1999.
            (2) Conforming amendments.--
                    (A) The first sentence under the subheading 
                ``Operations, Research, and Facilities'' under the 
                heading ``NATIONAL OCEANIC AND ATMOSPHERIC 
                ADMINISTRATION'' under title II of the Departments of 
                Commerce, Justice, and State, the Judiciary, and 
                Related Agencies Appropriations Act, 1995 (Public Law 
                103-317; 108 Stat. 1741) is amended by striking out 
                ``not to exceed 439 commissioned officers on the active 
                list;'' and inserting in lieu thereof: ``not to exceed 
                the number of commissioned officers on the active list 
                provided for by section 303 of the Commerce Department 
                Termination and Government Reorganization Act of 
                1995;''.
                    (B) Section 8(b) of the Coast and Geodetic Survey 
                Commissioned Officers' Act of 1948 (33 U.S.C. 853g(b)) 
                is amended by striking ``four percent'' and inserting 
                in lieu thereof ``ten percent''.
            (3) Voluntary separations and retirements.--(A) To ease the 
        transition into the civilian work force of members of the 
        National Oceanic and Atmospheric Administration Commissioned 
        Officer Corps (hereinafter referred to as the ``Corps''), and 
        to facilitate the reduction of active duty officers--
                    (i) section 1174a of title 10, United States Code, 
                shall apply to the members of the Corps in the same 
                manner and to the same extent as that provision applies 
                to members of the Armed Forces; and
                    (ii) section 4403, other than subsection (f), of 
                the Defense Authorization Act for fiscal year 1993 (10 
                U.S.C. 1293 note) shall apply to members of the Corps 
                in the same manner and to the same extent as that 
                provision applies to members of the Armed Forces, 
                subject to the availability of appropriations, and at 
                the discretion of the Administrator.
            (B) The Administrator shall implement subparagraph (A) (i) 
        and (ii) with respect to members of the Corps together with 
        other applicable provisions of law relating to separation or 
        retirement of Corps personnel.

SEC. 312. TRANSFER OF AERONAUTICAL CHARTING.

    The following functions are transferred from the National Oceanic 
and Atmospheric Administration to the Federal Aviation Administration:
            (1) The functions vested in the Secretary of Commerce by 
        sections 1 and 2 of the Act of August 6, 1947 (33 U.S.C. 883a 
        and 883b) relating to aeronautical surveys for the purpose of 
        aeronautical charting, and the compilation, printing, and 
        distribution of aeronautical charts.
            (2) The functions vested in the Secretary of Commerce by 
        section 1307 of title 44, United States Code, relating to 
        establishment of prices at which aeronautical charts and 
        related products may be sold.
            (3) Any part of the functions of the Secretary of Commerce 
        and the Department of Commerce as are incidental to or 
        necessary for the performance by, or under, the Administrator 
        of the Federal Aviation Administration of the functions 
        transferred by this section or that relate primarily to those 
        functions.
    (b) Effective Date.--The transfers made by this section shall be 
effective on October 1, 1995.

SEC. 313. REGULATORY STREAMLINING.

    The Administrator is directed to review all regulations that were 
issued by the Administrator before January 1, 1995--
            (1) to determine whether those regulations continue to be 
        necessary to discharge the functions assigned to, or delegated 
        to, the National Oceanic and Atmospheric Administration;
            (2) to identify and eliminate redundant and obsolete 
        regulations; and
            (3) to achieve a 45 percent reduction in the National 
        Oceanic and Atmospheric Administration's volume of regulations 
        by December 31, 1997, to the extent that such reduction is not 
        inconsistent with its statutory obligations.

SEC. 314. REDUCTION IN NOAA FLEET.

    No later than March 1, 1996, the Secretary of Commerce shall submit 
to the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Resources of the House of Representatives a 
revised fleet modernization plan reflecting the budget constraints 
facing the National Oceanic and Atmospheric Administration as a whole. 
The plan shall provide for--
            (1) reducing the current fleet size by at least 50 percent 
        over the 10-year period following the date of the enactment of 
        this Act, including a decommissioning of 6 existing vessels by 
        the end of fiscal year 1998;
            (2) reducing the cost of. construction contained in the 
        original plan submitted in 1993 by 50 percent;
            (3) chartering and contracting out, where feasible and 
        economically advantageous, with vessels of the United States, 
        including fishing vessels, for activities now conducted by the 
        Administration; and
            (4) selling vessels that are decommissioned where feasible.

SEC. 315. REDUCTION OF REPORTING REQUIREMENTS.

    The Administrator is directed to review all relevant statutory 
reporting requirements to determine whether such reporting requirements 
continue to be necessary to inform the Congress of problems or progress 
in discharging the functions assigned to, or delegated to, the National 
Oceanic and Atmospheric Administration. No later than March 31, 1996, 
the Administrator shall recommend legislation to eliminate no less than 
50 percent of the statutory reporting requirements in effect on January 
1, 1995.

SEC. 316. LABORATORY CONSOLIDATION STUDY.

    No later than March 1, 1996, the Administrator shall develop a 
laboratory consolidation plan for the current laboratories, including a 
proposed implementation schedule for consolidation, and transmit a copy 
of the plan to the appropriate committees of the Congress on or before 
that date. The plan shall consider--
            (1) the age and physical condition of the facility, and the 
        costs associated with keeping the facility functioning;
            (2) the relationship of research performed at the facility 
        to core National Oceanic and Atmospheric Administration 
        missions and legislative mandates; and
            (3) the geographic proximity of other Federal, State, or 
        private sector facilities that carry out similar research 
        functions.

                 Subtitle C--Administrative Provisions

SEC. 321. RULES.

    In the performance of the functions of the Administrator and the 
Administration, the Administrator is authorized to make, promulgate, 
issue, rescind, and amend rules and regulations. The promulgation of 
such rules and regulations--
            (1) shall be governed by the provisions of chapter 5 of 
        title 5, United States Code; and
            (2) shall be after notice and opportunity for full 
        participation by relevant Federal agencies, State agencies, 
        local governments, regional organizations, authorities, 
        councils, and other interested public and private parties.

SEC. 322. DELEGATION.

    Except as otherwise provided in this Act, the Administrator may 
delegate any function to such officers and employees of the 
Administration as the Administrator may designate, and may authorize 
such successive redelegations of such functions in the Administration 
as may be necessary or appropriate. No delegation of functions by the 
Administrator under this section or under any other provision of this 
Act shall relieve the Administrator of responsibility for the 
administration of such functions.

SEC. 323. PERSONNEL AND SERVICES.

    (a) Appointments.--In the performance of the functions of the 
Administrator and in addition to the officers provided for by section 
305, the Administrator is authorized to appoint, transfer, and fix the 
compensation of such officers and employees, including attorneys, as 
may be necessary to carry out the functions of the Administrator and 
the Administration. Except as otherwise provided by law, such officers 
and employees shall be appointed in accordance with the civil service 
laws and compensated in accordance with title 5, United States Code.
    (b) Experts and Consultants.--The Administrator is authorized to 
obtain the services of experts and consultants in accordance with 
section 3109 of title 5, United States Code.
    (c) Transportation Expenses.--The Administrator is authorized to 
pay transportation expenses, and per diem in lieu of subsistence 
expenses, in accordance with chapter 57 of title 5, United States Code.
    (d) Detail of Employees and Officers.--The Administrator is 
authorized to utilize, on a reimbursable basis, the services of 
personnel of any Federal agency.
    (e) Voluntary Services.--(1)(A) The Administrator is authorized to 
accept voluntary and uncompensated services without regard to the 
provisions of section 1342 of title 31, United States Code, if such 
services will not be used to displace Federal employees employed on a 
full-time, part-time, or seasonal basis.
    (B) The Administrator is authorized to accept volunteer service in 
accordance with the provisions of section 3111 of title 5, United 
States Code.
    (2) The Administrator is authorized to provide for incidental 
expenses, including but not limited to transportation, lodging, and 
subsistence for such volunteers.
    (3) An individual who provides voluntary services under paragraph 
(1)(A) of this subsection shall not be considered a Federal employee 
for any purpose other than for purposes of chapter 81 of title 5, 
United States Code, relating to compensation for work injuries, and 
chapter 171 of title 28, United States Code, relating to tort claims.

SEC. 324. CONTRACTS.

    The Administrator is authorized, without regard to the provisions 
of section 3324 of title 31, United States Code, to enter into and 
perform such contracts, leases, cooperative agreements, or other 
transactions as may be necessary to carry out the functions of the 
Administrator and the Administration. The Administrator may enter into 
such contracts, leases, agreements, and transactions with any Federal 
agency or any instrumentality of the United States, or with any State, 
territory, or possession, or with any political subdivision thereof, or 
with any person, firm, association, corporation, or educational 
institution, on such terms and conditions as the Administrator may 
consider appropriate. The authority of the Administrator to enter into 
contracts and leases under this section shall be to such extent or in 
such amounts as are provided in appropriation Acts.

SEC. 325. USE OF FACILITIES.

    With their consent, the Administrator may, with or without 
reimbursement, use the services, equipment, personnel, and facilities 
of Federal agencies and other public and private agencies, and may 
cooperate with other public and private agencies and instrumentalities 
in the use of services, equipment, personnel, and facilities. The head 
of each Federal agency shall cooperate fully with the Administrator in 
making the services, equipment, personnel, and facilities of the 
Federal agency available to the Administrator. The head of a Federal 
agency is authorized, notwithstanding any other provision of law, to 
transfer to or to receive from the Administration, without 
reimbursement, supplies and equipment other than administrative 
supplies or equipment.

SEC. 326. SERVICE CHARGES.

    (a) In General.--The Administrator may establish reasonable fees 
and commissions with respect to applications, documents, awards, loans, 
grants, research data, services, and assistance and may change and 
abolish such fees and commissions. Prior to establishing, changing, or 
abolishing any schedule of fees or commissions under this section, the 
Administrator may submit such schedule to the Congress.
    (b) Requirement of Deposit.--The Administrator is authorized to 
require a deposit before the Administrator provides any item, 
information, service, or assistance for which a fee or commission is 
required under this section.
    (c) Deposit.--Moneys received under this section shall be deposited 
with the Treasury in a special account for use by the Administrator and 
are authorized to be appropriated and made available until expended.
    (d) Consideration in Establishment of Fees.--In establishing 
reasonable fees or commissions under this section, the Administrator 
may take into consideration--
            (1) the actual costs which will be incurred in providing 
        items, information, services, or assistance;
            (2) the efficiency of the Government in providing such 
        items, information, services, or assistance;
            (3) the portion of the cost that will be incurred in 
        providing such items, information, services, or assistance 
        which may be attributed to benefits for the general public 
        interest rather than to exclusive benefits for the applicant;
            (4) any public service which occurs through the provision 
        of such items, information, services, or assistance; and
            (5) such other factors as the Administrator considers 
        relevant.
    (e) Refund.--In any case in which the Administrator determines that 
any person has made a payment which is not required under this section 
or has made a payment which is in excess of the amount required under 
this section, the Administrator, upon application or otherwise, may 
cause a refund to be made from applicable funds.

SEC. 327. ACQUISITION AND MAINTENANCE OF PROPERTY.

    (a) In General.--The Administrator is authorized--
            (1) to acquire (by purchase, lease, condemnation, or 
        otherwise), construct, improve, repair, operate, and maintain--
                    (A) laboratories;
                    (B) research and testing sites and facilities;
                    (C) quarters and related accommodations for 
                employees and dependents of employees of the 
                Administration; and
                    (D) such other real and personal property 
                (including patents) or any interest therein within and 
                outside the continental United States,
        as the Administrator considers necessary;
            (2) to lease to others such real and personal property; and
            (3) to provide by contract or otherwise for eating 
        facilities and other necessary facilities for the welfare of 
        employees of the Administration at its installations and to 
        purchase and maintain equipment therefore.
    (b) Title to Property.--Title to any property or interest therein 
acquired pursuant to this section shall be in the United States.
    (c) Limitation of Authority.--The authority granted by subsection 
(a) of this section shall be available only with respect to facilities 
that cannot readily be reassigned from similar Federal activities and 
are not otherwise available for assignment to the Administration by the 
Administrator of General Services.
    (d) Availability of Funds.--The authority of the Administrator to 
enter into contracts and leases under this section shall be to such 
extent or in such amounts as are provided in appropriation Acts.

SEC. 328. FACILITIES AT REMOTE LOCATIONS.

    (a) In General.--The Administrator is authorized to provide, 
construct, or maintain for employees and their dependents stationed at 
remote locations as necessary and when not otherwise available at such 
remote locations--
            (1) emergency medical services and supplies;
            (2) food and other subsistence supplies;
            (3) meeting facilities;
            (4) audiovisual equipment, accessories, and supplies for 
        recreation and training;
            (5) reimbursement for food, clothing, medicine, and other 
        supplies furnished by such employees in emergencies for the 
        temporary relief of distressed persons;
            (6) living and working quarters and facilities; and
            (7) transportation for school-age dependents of employees 
        to the nearest appropriate educational facilities.
    (b) Medical Treatment and Services.--The furnishing of medical 
treatment under paragraph (1) of subsection (a) and the furnishing of 
services and supplies under paragraphs (2) and (3) of such subsection 
shall be at prices reflecting reasonable value as determined by the 
Administrator.
    (c) Deposit of Funds.--Proceeds derived from reimbursements under 
this section shall be deposited in the Treasury and may be withdrawn by 
the Administrator to pay directly the cost of work or services provided 
under this section, to repay or make advances to appropriations of 
funds which do or will bear all or a part of such cost, or to refund 
excess sums when necessary, except that such payments may be credited 
to a service or working capital fund otherwise established by law, and 
used under the law governing such funds if the fund is available for 
use by the Administrator for performing the work or services for which 
payment is received.

SEC. 329. COPYRIGHTS AND PATENTS.

    The Administrator is authorized to acquire any of the following 
described rights if the property acquired thereby is for use in, or is 
useful to, the performance of functions of the Administrator or the 
Administration:
            (1) Copyrights, patents, and applications for patents, 
        designs, processes, specifications, and data.
            (2) Licenses under copyrights, patents, and applications 
        for patents.
            (3) Releases, before an action is brought, for past 
        infringement of patents of copyrights.

SEC. 330. GIFTS AND BEQUESTS.

    The Administrator is authorized to accept, hold, administer and 
utilize gifts, donations, or bequests of property, real or personal, 
tangible or intangible, and contributions of money for purposes of 
aiding or facilitating the work of the Administrator or the 
Administration. For the purposes of Federal income, estate, and gift 
taxes, and State taxes, property accepted under this subsection shall 
be considered a gift or bequest to the United States.

SEC. 331. TRANSFERS OF FUNDS FROM OTHER FEDERAL AGENCIES.

    Consistent with sections 1535 and 1536 of title 31, United States 
Code, the Administrator is authorized to accept transfers from other 
Federal agencies of funds which are available to carry out functions 
transferred by this Act to the Administrator or functions assigned by 
law to the Administrator after the date of enactment of this Act.

SEC. 332. SEAL OF ADMINISTRATION.

    The Administrator shall cause a seal of office to be made for the 
Administration of such design as the Administrator shall approve. 
Judicial notice shall be taken of such seal.

SEC. 333. STATUS OF ADMINISTRATION UNDER CERTAIN LAWS.

    For purposes of section 552b of title 5, United States Code, the 
Administration is an agency.

SEC. 334. ASSISTANT ADMINISTRATORS AS EXECUTIVE SCHEDULE POSITIONS.

    Section 5316 of title 5, United States Code (as amended by this 
Act) is further amended--
            (1) by striking out the items relating to the Assistant 
        Administrator for Coastal Zone Management, National Oceanic and 
        Atmospheric Administration; the Assistant Administrator for 
        Fisheries, National Oceanic and Atmospheric Administration; and 
        the Assistant Administrators, National Oceanic and Atmospheric 
        Administration; and
            (2) by adding at the end thereof the following:
            ``Assistant Administrators, National Oceanic and 
        Atmospheric Administration.''.

SEC. 335. COORDINATION OF ENVIRONMENTAL POLICY.

    The Administration shall consult and coordinate environmental 
policy with the Council on Environmental Quality of the Executive 
Office of the President.

   TITLE IV--ESTABLISHMENT OF THE OFFICE OF PATENTS, TRADEMARKS, AND 
                               STANDARDS

                       Subtitle A--Establishment

SEC. 401. DEFINITIONS.

    For purposes of this title--
            (1) the term ``Director'' means the Director of the Office 
        of Patents, Trademarks, and Standards; and
            (2) the term ``Office'' means the Office of Patents, 
        Trademarks, and Standards.

SEC. 402. ESTABLISHMENT OF THE OFFICE OF PATENTS, TRADEMARKS, AND 
              STANDARDS.

    There is established the Office of Patents, Trademarks, and 
Standards which shall be an independent establishment in the executive 
branch of Government as defined under section 104 of title 5, United 
States Code. There shall be a Director of the Office of Patents, 
Trademarks, and Standards who shall administer the Office and shall be 
appointed by the President, by and with the advice and consent of the 
Senate.

SEC. 403. FUNCTIONS.

    The Director shall perform all functions transferred under section 
404 and such other functions as the President may assign or delegate.

SEC. 404. TRANSFERS TO THE OFFICE.

    (a) Transfer of Functions.--There are transferred to the Director 
all functions of, and all functions performed under the direction of, 
the following officers and employees of the Department of Commerce:
            (1) The Director of the National Institute of Standards and 
        Technology.
            (2) The Assistant Secretary and Commissioner of Patents and 
        Trademarks.
            (3) The Under Secretary for Technology relating to 
        functions performed by the Office of Technology Policy relating 
        to the Baldridge Quality Award.
            (4) The Secretary of Commerce and Assistant Secretary for 
        Communications and Information with respect to only those 
        functions of the National Telecommunications and Information 
        Administration relating to telecommunication standards and 
        laboratories.
    (b) Transfer of Offices.--(1) The Patent and Trademark Office of 
the Department of Commerce is transferred to the Office. The Patent and 
Trademark Office of the Office of Patents, Trademarks, and Standards 
shall be administered through the Commissioner of the Patent and 
Trademark Office.
    (2) The National Institute of Standards and Technology of the 
Department of Commerce is transferred to the Office. The National 
Institute of Standards and Technology shall be administered through the 
Director of the National Institute of Standards and Technology.

SEC. 405. ADDITIONAL OFFICERS.

    (a) General Counsel.--There shall be in the Office a General 
Counsel, who shall be appointed by the President, by and with the 
advice and consent of the Senate. The General Counsel shall provide 
legal assistance to the Director concerning the activities, programs, 
and policies of the Office.
    (b) Inspector General.--(1) There shall be in the Office an 
Inspector General who shall be appointed in accordance with the 
Inspector General Act of 1978, as amended by this subsection.
    (2) Section 11 of the Inspector General Act of 1978 (as amended by 
this Act) is further amended--
            (A) in paragraph (1) by inserting ``the Director of the 
        Office of Patents, Trademarks, and Standards'' after ``the 
        Chief Executive Officer of the Corporation for National and 
        Community Service;''; and
            (B) in paragraph (2) by inserting ``the Office of Patents, 
        Trademarks, and Standards,'' after ``the Corporation for 
        National and Community Service,''.
    (c) Chief Financial Officer.--(1) There shall be in the Office a 
Chief Financial Officer who shall be appointed in accordance with 
section 901 of title 31, United States Code, as amended by this 
subsection.
    (2) Section 901(b) of title 31, United States Code, (as amended by 
this Act) is further amended in paragraph (2) by adding at the end 
thereof the following:
                    ``(I) The Office of Patents, Trademarks, and 
                Standards.''.

                 Subtitle B--Administrative Provisions

SEC. 411. RULES.

    In the performance of the functions of the Director and the Office, 
the Director is authorized to make, promulgate, issue, rescind, and 
amend rules and regulations. The promulgation of such rules and 
regulations--
            (1) shall be governed by the provisions of chapter 5 of 
        title 5, United States Code; and
            (2) shall be after notice and opportunity for full 
        participation by relevant Federal agencies, State agencies, 
        local governments, regional organizations, authorities, 
        councils, and other interested public and private parties.

SEC. 412. DELEGATION.

    Except as otherwise provided in this Act, the Director may delegate 
any function to such officers and employees of the Office as the 
Director may designate, and may authorize such successive redelegations 
of such functions in the Office as may be necessary or appropriate. No 
delegation of functions by the Director under this section or under any 
other provision of this Act shall relieve the Director of 
responsibility for the administration of such functions.

SEC. 413. PERSONNEL AND SERVICES.

    (a) Appointments.--In the performance of the functions of the 
Director and in addition to the officers provided for under subtitle A, 
the Director is authorized to appoint, transfer, and fix the 
compensation of such officers and employees, including attorneys, as 
may be necessary to carry out the functions of the Director and the 
Office. Except as otherwise provided by law, such officers and 
employees shall be appointed in accordance with the civil service laws 
and compensated in accordance with title 5, United States Code.
    (b) Experts and Consultants.--The Director is authorized to obtain 
the services of experts and consultants in accordance with section 3109 
of title 5, United States Code.
    (c) Transportation Expenses.--The Director is authorized to pay 
transportation expenses, and per diem in lieu of subsistence expenses, 
in accordance with chapter 57 of title 5, United States Code.
    (d) Detail of Employees and Officers.--The Director is authorized 
to utilize, on a reimbursable basis, the services of personnel of any 
Federal agency.
    (e) Voluntary Services.--(1)(A) The Director is authorized to 
accept voluntary and uncompensated services without regard to the 
provisions of section 1342 of title 31, United States Code, if such 
services will not be used to displace Federal employees employed on a 
full-time, part-time, or seasonal basis.
    (B) The Director is authorized to accept volunteer service in 
accordance with the provisions of section 3111 of title 5, United 
States Code.
    (2) The Director is authorized to provide for incidental expenses, 
including but not limited to transportation, lodging, and subsistence 
for such volunteers.
    (3) An individual who provides voluntary services under paragraph 
(1)(A) of this subsection shall not be considered a Federal employee 
for any purpose other than for purposes of chapter 81 of title 5, 
United States Code, relating to compensation for work injuries, and 
chapter 171 of title 28, United States Code, relating to tort claims.

SEC. 414. CONTRACTS.

    The Director is authorized, without regard to the provisions of 
section 3324 of title 31, United States Code, to enter into and perform 
such contracts, leases, cooperative agreements, or other transactions 
as may be necessary to carry out the functions of the Director and the 
Office. The Director may enter into such contracts, leases, agreements, 
and transactions with any Federal agency or any instrumentality of the 
United States, or with any State, territory, or possession, or with any 
political subdivision thereof, or with any person, firm, association, 
corporation, or educational institution, on such terms and conditions 
as the Director may consider appropriate. The authority of the Director 
to enter into contracts and leases under this section shall be to such 
extent or in such amounts as are provided in appropriation Acts.

SEC. 415. COPYRIGHTS AND PATENTS.

    The Director is authorized to acquire any of the following 
described rights if the property acquired thereby is for use in, or is 
useful to, the performance of functions of the Director or the Office:
            (1) Copyrights, patents, and applications for patents, 
        designs, processes, specifications, and data.
            (2) Licenses under copyrights, patents, and applications 
        for patents.
            (3) Releases, before an action is brought, for past 
        infringement of patents of copyrights.

SEC. 416. GIFTS AND BEQUESTS.

    The Director is authorized to accept, hold, administer and utilize 
gifts, donations, or bequests of property, real or personal, tangible 
or intangible, and contributions of money for purposes of aiding or 
facilitating the work of the Director or the Office. For the purposes 
of Federal income, estate, and gift taxes, and State taxes, property 
accepted under this subsection shall be considered a gift or bequest to 
the United States.

SEC. 417. TRANSFERS OF FUNDS FROM OTHER FEDERAL AGENCIES.

    The Director is authorized to accept transfers from other Federal 
agencies of funds which are available to carry out functions 
transferred by this Act to the Director or functions assigned by law to 
the Director after the date of enactment of this Act.

SEC. 418. SEAL OF OFFICE.

    The Director shall cause a seal of office to be made for the Office 
of such design as the Director shall approve. Judicial notice shall be 
taken of such seal.

SEC. 419. STATUS OF OFFICE UNDER CERTAIN LAWS.

    For purposes of section 552b of title 5, United States Code, the 
Office is an agency.

                   Subtitle C--Conforming Amendments

SEC. 421. PATENT AND TRADEMARK OFFICE.

    (a) Establishment.--Section 1 of title 35, United States Code, is 
amended by striking out ``Department of Commerce'' and inserting in 
lieu thereof ``Office of Patents, Trademarks, and Standards''.
    (b) Reference to Assistant Secretary of Commerce.--Section 3 of 
title 35, United States Code, is amended by striking out subsection 
(d).
    (c) General References to Secretary and Department.--(1) Except as 
provided under paragraph (2), the provisions of title 35, United States 
Code, are further amended--
            (A) by striking out ``Secretary of Commerce'' each place 
        such term appears and insert in lieu thereof ``Commissioner of 
        Patents and Trademarks''; and
            (B) by striking out ``Department of Commerce'' each place 
        such term appears and inserting in lieu thereof ``Office of 
        Patents, Trademarks and Standards''.
    (2)(A) Section 3(a) of title 35, United States Code, is amended in 
the fourth sentence by striking out ``The Secretary of Commerce, upon 
the nomination of the Commissioner'' and inserting in lieu thereof 
``The Commissioner''.
    (B) Section 6(a) of title 35, United States Code, is amended--
            (i) in the first sentence by striking out ``, under the 
        direction of the Secretary of Commerce,''; and
            (ii) in the second sentence by striking out ``, subject to 
        the approval of the Secretary of Commerce,''.
    (C) Section 31 of title 35, United States Code, is amended by 
striking out ``, subject to the approval of the Secretary of 
Commerce,''.

SEC. 422. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.

    The National Institute of Standards and Technology Act (15 U.S.C. 
271 et seq.) is amended--
            (1) in section 2--
                    (A) in subsection (a) by striking out ``Department 
                of Commerce'' and inserting in lieu thereof ``Office of 
                Patents, Trademarks, and Standards'';
                    (B) in subsection (b) by striking out ``The 
                Secretary of Commerce (hereafter in this Act referred 
                to as the `Secretary')'' and inserting in lieu thereof 
                ``The Director of the Office of Patents, Trademarks, 
                and Standards'';
                    (C) in subsection (d) by striking out ``, including 
                the programs under sections 25, 26, and 28 of this 
                Act'';
                    (D) by striking out ``Department of Commerce'' each 
                place such term appears and inserting in lieu thereof 
                ``Office of Patents, Trademarks, and Standards''; and
                    (E) by striking out ``Secretary of Commerce'' each 
                place such term appears and inserting in lieu thereof 
                ``Director of the Office of Patents, Trademarks, and 
                Standards'';
            (2) in section 10 by striking out ``Advanced'' in both the 
        section heading and subsection (a), and inserting in lieu 
        thereof ``Standards and''; and
            (3) by striking out sections 24, 25, 26, and 28.

SEC. 423. FEDERAL LABORATORIES UNDER THE STEVENSON-WYDLER TECHNOLOGY 
              INNOVATION ACT OF 1980.

    The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3701 et seq.) is amended--
            (1) in section 3 by striking out paragraph (2) and 
        redesignating paragraphs (3) through (5) as paragraphs (2) 
        through (4), respectively;
            (2) in section 4 by striking out paragraphs (1), (2), (3), 
        (4), and (13) and redesignating paragraphs (5), (6), (7), (8), 
        (9), (10), (11), and (12) as paragraphs (1) through (8), 
        respectively;
            (3) by striking out sections 5, 6, 7, 8, 9, and 10;
            (4) in section 11--
                    (A) in subsection (c)(3) by striking out ``, the 
                Federal Laboratory Consortium for Technology 
                Transfer,''; and
                    (B) by striking out subsections (d), (e), and (g); 
                and
            (5) in section 17--
                    (A) by striking ``Secretary'' each place it appears 
                and inserting ``Director of the Office of Patents, 
                Trademarks, and Standards'';
                    (B) in subsection (c)--
                            (i) in paragraph (1) by striking out 
                        ``Subject to paragraph (2), separate'' and 
                        inserting in lieu thereof ``Separate'';
                            (ii) by striking out paragraph (2); and
                            (iii) by redesignating paragraph (3) as 
                        paragraph (2); and
                    (C) in subsection (f) by inserting 
                ``administrative'' after ``funds to carry out''.

                  TITLE V--GOVERNMENT 2000 COMMISSION

SEC. 501. SHORT TITLE AND PURPOSES.

    (a) Short Title.--This title may be cited as the ``Government 2000 
Act''.
    (b) Purposes.--
            (1) In general.--The purpose of this title is to reduce the 
        costs and increase the effectiveness of the Federal Government 
        by reorganizing departments and agencies, consolidating 
        redundant activities, streamlining operations, and 
        decentralizing service delivery in a manner that promotes 
        economy, efficiency, and accountability in Government programs. 
        This title is intended to result in a smaller Federal 
        workforce, but one provided with a better organizational 
        environment in which to work, including the more effective use 
        of modern technology, in order to provide better service to the 
        public. There shall be appropriate venues for the 
        representation of constituency interests in the policy 
        formulation and service delivery process.
            (2) Specific goals.--This title is intended to achieve the 
        following goals for improvements in the performance of the 
        Federal Government by fiscal year 2003:
                    (A) An immediate reduction in the number of cabinet 
                departments to no more than 10.
                    (B) A reduction in the costs of administration by 
                35 percent.
                    (C) A ten-fold improvement in timely delivery of 
                services to the public.
                    (D) A compound annual improvement in productivity 
                of 6 percent.
                    (E) Responsiveness and customer-service levels 
                comparable to those achieved in the private sector.

SEC. 502. THE COMMISSION.

    (a) Establishment.--There is established an independent commission 
to be known as the Government 2000 Commission (hereafter in this title 
referred to as the ``Commission'').
    (b) Duties.--
            (1) Examination and recommendations.--The Commission 
        shall--
                    (A) examine the issues related to the organization 
                and operations of the departments and agencies of the 
                Federal Government; and
                    (B) develop recommendations to reduce the costs, 
                streamline the operations, and improve the performance, 
                responsiveness, and accountability of Federal 
                departments, agencies, and programs.
            (2) Legislative proposal.--The recommendations of the 
        Commission shall be encompassed in a single legislative 
        proposal which implements a comprehensive reorganization plan 
        for the executive branch, and which makes other institutional 
        and operational changes to the Federal Government, consistent 
        with the purposes stated in section 501 and the requirements of 
        section 503.
    (c) Appointment.--
            (1) Composition.--
                    (A) The Commission shall be composed of 9 members.
                    (B)(i) Two members shall be appointed by the 
                President.
                    (ii) Two members shall be appointed by the Majority 
                Leader of the Senate.
                    (iii) One member shall be appointed by the Minority 
                Leader of the Senate.
                    (iv) Two members shall be appointed by the Speaker 
                of the House of Representatives.
                    (v) One member shall be appointed by the Minority 
                Leader of the House of Representatives.
                    (vi) One member shall be appointed by the 
                President, in concurrence with the Majority Leader of 
                the Senate and the Speaker of the House of 
                Representatives. That member shall be the Chairman of 
                the Commission.
            (2) Membership.--A member of the Commission may be any 
        citizen of the United States, including any elected or 
        appointed public official, career civil servant, or private 
        citizen.
            (3) Conflict of interests.--For purposes of the provisions 
        of chapter 11 of part I of title 18, United States Code, a 
        member of the Commission (to whom such provisions would not 
        otherwise apply except for this paragraph) shall be a special 
        Government employee.
            (4) Date of appointments.--All members of the Commission, 
        except the Chairman, shall be appointed no later than 25 
        calendar days after enactment of this title. The Chairman shall 
        be appointed no later than 40 calendar days after enactment of 
        this title.
    (d) Terms.--Each member shall serve until the termination of the 
Commission.
    (e) Vacancies.--A vacancy on the Commission shall be filled in the 
same manner as was the original appointment.
    (f) Meetings.--The Commission shall meet as necessary to carry out 
its responsibilities. The Commission may conduct meetings outside the 
District of Columbia when necessary.
    (g) Pay and Travel Expenses.--
            (1) Pay.--(A) Except for an individual who is Chairman of 
        the Commission and is otherwise a Federal officer or employee, 
        the chairman shall be paid at a rate equal to the daily 
        equivalent of the minimum annual rate of basic pay payable for 
        level III of the Executive Schedule under section 5314 of title 
        5, United States Code, for each day (including traveltime) 
        during which the Chairman is engaged in the performance of 
        duties vested in the Commission.
            (B) Except for the Chairman, who shall be paid as provided 
        under subparagraph (A), each member of the Commission who is 
        not a Federal officer or employee shall be paid at a rate equal 
        to the daily equivalent of the minimum annual rate of basic pay 
        payable for level IV of the Executive Schedule under section 
        5315 of title 5, United States Code, for each day (including 
        traveltime) during which the member is engaged in the 
        performance of duties vested in the Commission.
            (2) Travel.--Members of the Commission shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with sections 5702 and 5703 of title 5, United 
        States Code.
    (h) Director.--
            (1) Appointment.--The Commission shall by an affirmative 
        vote of at least 5 members appoint a Director of the 
        Commission.
            (2) Pay.--The Director shall be paid at the rate of basic 
        pay payable for level IV of the Executive Schedule under 
        section 5315 of title 5, United States Code.
    (i) Staff.--
            (1) Appointment.--The Director may, with the approval of 
        the Commission, appoint and fix the pay of employees of the 
        Commission without regard to the provisions of title 5, United 
        States Code, governing appointment in the competitive service, 
        and any Commission employee may be paid without regard to the 
        provisions of chapter 51 and subchapter III of chapter 53 of 
        that title relating to classification and General Schedule pay 
        rates, except that a Commission employee may not receive pay in 
        excess of the annual rate of basic pay payable for level V of 
        the Executive Schedule under section 5316 of title 5, United 
        State Code.
            (2) Detail.--(A) Upon request of the Director, the head of 
        any Federal department or agency may detail any of the 
        personnel of the department or agency to the Commission to 
        assist the Commission in carrying out its duties under this 
        title.
            (B) Upon request of the Director, a Member of Congress or 
        an officer who is the head of an office of the Senate or House 
        of Representatives may detail an employee of the office or 
        committee of which such Member or officer is the head to the 
        Commission to assist the Commission in carrying out its duties 
        under this title.
            (C) Any Federal Government employee may be detailed to the 
        Commission with or without reimbursement, and such detail shall 
        be without interruption or loss of civil service status or 
        privilege.
    (j) Support.--
            (1) Support services.--The Office of Management and Budget 
        shall provide support services to the Commission.
            (2) Assistance.--The Comptroller General of the United 
        States may provide assistance, including the detailing of 
        employees, to the Commission in accordance with an agreement 
        entered into with the Commission.
    (k) Other Authority.--The Commission may procure by contract, to 
the extent funds are available, the temporary or intermittent services 
of experts or consultants pursuant to section 3109 of title 5, United 
States Code. The Commission shall give public notice of any such 
contract before entering into such contract.
    (l) Application of Federal Advisory Committee Act.--The Commission 
shall be subject to the provisions of the Federal Advisory Committee 
Act (5 U.S.C. App.).
    (m) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commission $5,000,000 for fiscal year 1996 to carry 
out its responsibilities under this title.
    (n) Termination.--The Commission shall terminate no later than 
October 31, 1996.

SEC. 503. LEGISLATIVE RECOMMENDATIONS.

    (a) Reorganization Plan.--The Commission shall develop and 
recommend a plan for reorganization of Federal departments and 
agencies, consistent with the following provisions:
            (1) Executive departments.--
                    (A) There shall be no more than 10 departments, 
                which shall have responsibility for the development of, 
                and ensuring the proper execution of, governmental and 
                program policy.
                    (B) There shall be a reduction in the layers of 
                organizational hierarchy and in the concentration of 
                employees in staff and overhead functions within 
                departments and agencies to achieve a substantial 
                reduction in the total number of mid-level supervisory 
                and staff positions, administrative positions, and 
                political employees.
            (2) Program operating units.--
                    (A) There shall be an adequate number of agencies 
                and subdepartment bureaus, offices, divisions, and 
                other operating units having primary responsibility for 
                program administration and service delivery, as 
                distinguished from policy development.
                    (B) The reorganization plan shall provide for a 
                substantial net reduction in the number of program 
                operating units, and in the total administrative costs 
                of the functions performed by such units. The reduction 
                shall be achieved through the consolidation, 
                integration, and reengineering of similar and related 
                functions and work activities throughout the 
                Government.
            (C) The Commission shall consider, and recommend where 
        appropriate, the consolidation of program administration and 
        service delivery functions into operating units that are 
        independent of individual executive departments, to maximize 
        the coordination of services to particular segments of the 
        public and to the public generally.
            (3) Local offices.--
                    (A) There shall be an appropriate field office 
                structure for Federal departments and agencies in order 
                to improve service delivery and responsiveness while 
                reducing costs.
                    (B) Among the alternatives considered by the 
                Commission shall be consolidation where appropriate of 
                regional and field offices of various departments and 
                agencies that provide related services into a system of 
                local offices providing one-stop services.
            (4) Centralized administration.--The Commission shall 
        consider whether substantial cost savings and improved 
        performance would result from the centralization within one 
        organization of primary responsibility for particular 
        government-wide administrative functions, and make appropriate 
        recommendations in that regard.
    (b) Structural Arrangements.--
            (1) Recommendations.--The Commission shall recommend 
        structural arrangements of responsibility and authority between 
        and within the various departments, agencies, and program 
        operating units in order to maximize accountability for 
        performance.
            (2) Accountability.--Such arrangements shall seek to 
        clarify appropriate accountability for policy development and 
        for program administration and service delivery.
            (3) Considerations.--Among the alternatives considered by 
        the Commission shall be whether the heads of program operating 
        units described under paragraph (a)(2) should be non-political, 
        non-career appointments hired for a fixed term under an 
        employment contract with specific, measurable program 
        performance goals.
    (c) Transition Plan.--The Commission shall recommend a plan for 
transition from the existing organization of the executive branch to 
the proposed reorganization plan, to minimize any disruption in program 
performance and service and to maintain managerial accountability.

SEC. 504. DEFINITION.

    For purposes of this title the term ``agency'' means each authority 
of the Federal Government, including all departments, independent 
agencies, Government-sponsored enterprises, and Government 
corporations, except the legislative branch, judicial branch, the 
governments of the territories or possessions of the United States, or 
the District of Columbia.

SEC. 505. DEPARTMENT AND AGENCY COOPERATION.

    All Federal agencies and employees of all agencies shall cooperate 
fully with all requests for information from the Commission and shall 
respond to any such request for information within 30 calendar days or 
such other time agreed upon by the requesting and requested parties.

SEC. 506. PROCEDURES FOR MAKING RECOMMENDATIONS.

    (a) Submission of Recommendations.--No later than June 1, 1996, the 
Commission shall submit to the Congress--
            (1) a single legislative proposal to implement its 
        recommendations developed pursuant to section 503 of this 
        title, along with an explanation of the reasons for such 
        recommendations; or
            (2) a message that the Commission was unable to agree on 
        such a proposal.
    (b) Commission Votes.--No legislative proposal may be submitted by 
the Commission without the affirmative vote of at least 6 members.

SEC. 507. CONGRESSIONAL CONSIDERATION OF REFORM PROPOSAL.

    (a) Definitions.--For purposes of this section--
            (1) the term ``implementation bill'' means only a bill 
        which is introduced as provided under subsection (b), and 
        contains the proposed legislation submitted by the Commission 
        under section 506 without modification.
            (2) the term ``calendar day of session'' means a calendar 
        day other than one on which either House is not in session 
        because of an adjournment of more than three days to a date 
        certain.
    (b) Introduction, Referral, and Report or Discharge.--
            (1) Introduction.--On the first calendar day of session on 
        which both Houses are in session, on or immediately following 
        the date on which a proposal is submitted to the Congress under 
        section 506(a)(1), an implementation bill shall be introduced--
                    (A) in the Senate by the Majority Leader of the 
                Senate, for himself and the Minority Leader of the 
                Senate, or by Members of the Senate designated by the 
                Majority Leader and Minority Leader of the Senate; and
                    (B) in the House of Representatives by the Majority 
                Leader of the House of Representatives, for himself and 
                the Minority Leader of the House of Representatives, or 
                by Members of the House of Representatives designated 
                by the Majority Leader and Minority Leader of the House 
                of Representatives.
            (2) Referral.--The implementation bill introduced in the 
        Senate under paragraph (1) shall be referred concurrently to 
        the Committee on Governmental Affairs of the Senate, and other 
        committees with jurisdiction. The implementation bill 
        introduced in the House of Representatives shall be referred 
        concurrently to the Committee on Government Reform and 
        Oversight of the House of Representatives, and other committees 
        with jurisdiction. A committee to which an implementation bill 
        is referred under this paragraph may report such bill to the 
        respective House with amendments proposed to be adopted. No 
        such amendment may be proposed unless such proposed amendment 
        is germane to such bill.
            (3) Report or discharge.--If any committee to which an 
        implementation bill is referred has not reported such bill by 
        the end of the 30th calendar day of session after the date of 
        the introduction of such bill, such committee shall be 
        immediately discharged from further consideration of such bill, 
        and upon being reported or discharged from all committees, such 
        bill shall be placed on the appropriate calendar of the House 
        involved.
    (c) Senate Consideration.--
            (1) In general.--On or after the second calendar day of 
        session after the date on which an implementation bill is 
        placed on the Senate calendar under subsection (b)(3), it is in 
        order (even if a previous motion to the same effect has been 
        disagreed to) for any Senator to make a privileged motion to 
        proceed to the consideration of the implementation bill (but 
        only on the day after the calendar day of session on which such 
        Senator announces on the floor of the Senate an intention to 
        make such a motion). This motion is subject to debate which 
        shall be confined to 2 hours, to be equally divided. All points 
        of order against the implementation bill (and against 
        consideration of the implementation bill) other than points of 
        order under Senate Rule 15, 16, or for failure to comply with 
        requirements of this section are waived. The motion is not 
        subject to a motion to postpone. A motion to reconsider the 
        vote by which the motion to proceed is agreed to or disagreed 
        to shall not be in order. If a motion to proceed to the 
        consideration of the implementation bill is agreed to, the 
        Senate shall immediately proceed to consideration of the 
        implementation bill.
            (2) Debate.--In the Senate, no amendment which is not 
        germane shall be in order. A motion to postpone or a motion to 
        recommit the implementation bill is not in order. A motion to 
        reconsider the vote by which the implementation bill is agreed 
        to or disagreed to is not in order.
            (3) Motion to suspend or waive application.--No motion to 
        suspend or waive the application of this subsection shall be in 
        order, except by unanimous consent.
            (4) Appeals from chair.--Appeals from the decisions of the 
        Chair relating to the application of the rules of the Senate to 
        the procedure relating to an implementation bill shall be 
        subject to debate confined to 1 hour, to be equally divided.
            (5) Final passage.--Immediately following the conclusion of 
        the debate on an implementation bill and a single quorum call 
        at the conclusion of the debate if requested in accordance with 
        the rules of the Senate, the vote on final passage of the 
implementation bill shall occur.
    (d) Consideration in the House of Representatives.--
            (1) In general.--At any time on or after the second session 
        day after the date on which each committee of the House of 
        Representatives to which an implementation bill is referred has 
        reported that bill, or has been discharged under subsection 
        (b)(3) from further consideration of that bill, the Speaker 
        may, pursuant to clause 1(b) of rule XIII, declare the House 
        resolved into the Committee of the Whole house on the State of 
        the Union for the consideration of that bill. All points of 
        order against the bill, the consideration of the bill, and 
        provisions of the bill shall be waived, and the first reading 
        of the bill shall be dispensed with. After general debate, 
        which shall be confined to 10 hours, to be equally divided and 
        controlled by the Majority Leader and the Minority Leader, the 
        bill shall be considered for amendment by title under the five-
        minute rule and each title shall be considered as having been 
        read.
            (2) Amendments.--Each amendment shall be considered as 
        having been read, shall not be subject to a demand for a 
        division of the question in the House or in the Committee of 
        the Whole, and shall be debatable for not to exceed 30 minutes, 
        equally divided and controlled by the proponent and a Member 
        opposed thereto, except that the time for consideration, 
        including debate and disposition, of all amendments to the bill 
        shall not exceed 20 hours.
            (3) Final passage.--At the conclusion of the consideration 
        of the bill, the Committee shall rise and report to the House 
        with such amendments as may have been agreed to, and the 
        previous question shall be considered as ordered on the bill 
        and amendments thereto to final passage without intervening 
        motion except one motion to recommit.
    (e) Conference.--
            (1) Appointment of conferees.--In the Senate, a motion to 
        elect or authorize the appointment of conferees shall not be 
        debatable.
            (2) Conference report.--No later than 20 calendar days of 
        session after the appointment of conferees, the conferees shall 
        report to the respective Houses.
    (f) Rules of the Senate and House.--This section is enacted by 
Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of an implementation bill described in 
        subsection (a), and it supersedes other rules only to the 
        extent that it is inconsistent with such rules; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.

SEC. 508. IMPLEMENTATION.

    (a) Responsibility for Implementation.--The Director of the Office 
of Management and Budget shall have primary responsibility for 
implementation of the Commission's recommendations and the Act enacted 
under section 507 (unless such Act provides otherwise). The Director of 
the Office of Management and Budget shall notify and provide direction 
to heads of affected departments, agencies, and programs. The head of 
an affected department, agency, or program shall be responsible for 
implementation and shall proceed with the recommendations provided 
under subsection (b).
    (b) Departments and Agencies.--After the enactment of an Act under 
section 507, each affected Federal department and agency as a part of 
its annual budget request shall transmit to the appropriate committees 
of Congress its schedule for implementation of the provisions of the 
Act.
    (c) GAO Oversight.--The Comptroller General shall have oversight 
responsibility over the implementation of the Commission's 
recommendations and the Act enacted under section 507. The Comptroller 
General shall periodically report to the Congress and the President 
regarding the accomplishment, the costs, the timetable, and 
effectiveness of the implementation

SEC. 509. DISTRIBUTION OF ASSETS.

    Any proceeds from the sale of assets of any department or agency 
resulting from the enactment of an Act under section 507 shall be--
            (1) applied to reduce the Federal deficit; and
            (2) deposited in the Treasury and treated as general 
        receipts.

       TITLE VI--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

SEC. 601. ADDITIONAL TRANSFERS.

    Any function of the Secretary of Commerce or the Department of 
Commerce which--
            (1) is not transferred by titles II, III, or IV of this 
        Act; and
            (2) is incidental to, necessary for, or primarily related 
        to, the performance of a function transferred by any such 
        title,
is transferred to the head of the Federal agency to which the related 
function is transferred by such title.

SEC. 602. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.

    Except as otherwise provided in this Act, the personnel employed in 
connection with, and the assets, liabilities, contracts, property, 
records, and unexpended balances of appropriations, authorizations, 
allocations, and other funds employed, used, held, arising from, 
available to, or to be made available in connection with the functions 
and offices transferred by this Act, subject to section 1531 of title 
31, United States Code, shall be transferred to the head of the Federal 
agency to which such functions or offices are transferred by this Act. 
Unexpended funds transferred pursuant to this section shall be used 
only for the purposes for which the funds were originally authorized 
and appropriated.

SEC. 603. INCIDENTAL TRANSFERS.

    (a) In General.--The Director of the Office of Management and 
Budget, at such time or times as the Director shall provide, is 
authorized to make such determinations as may be necessary with regard 
to the functions and offices transferred by this Act, and to make such 
additional incidental dispositions of personnel, assets, liabilities, 
grants, contracts, property, records, and unexpended balances of 
appropriations, authorizations, allocations, and other funds held, 
used, arising from, available to, or to be made available in connection 
with such functions and offices, as may be necessary to carry out the 
provisions of this Act. The Director shall provide for the termination 
of the affairs of all entities terminated by this Act and for such 
further measures and dispositions as may be necessary to effectuate the 
purposes of this Act.
    (b) Transfers Relating to Senior Executive Service.--After 
consultation with the Director of the Office of Personnel Management, 
the Director of the Office of Management and Budget is authorized, at 
such times as the Director of the Office of Management and Budget may 
provide, to make such determinations as may be necessary with regard to 
the transfer of positions within the Senior Executive Service in 
connection with the functions and offices transferred by this Act.

SEC. 604. EFFECT ON PERSONNEL.

    (a) In General.--Except as otherwise provided by this Act, the 
transfer pursuant to this Act of full-time personnel (except special 
Government employees) and part-time personnel holding permanent 
positions shall not cause any such employee to be separated or reduced 
in grade or compensation for one year after the date of transfer of 
such employee under this Act.
    (b) Executive Schedule Positions.--Except as otherwise provided by 
this Act, any person who, on the day preceding the effective date of 
this Act, held a position compensated in accordance with the Executive 
Schedule prescribed in chapter 53 of title 5, United States Code, and 
who, without a break in service, is appointed in a Federal agency to 
which functions are transferred by this Act to a position having duties 
comparable to the duties performed immediately preceding such 
appointment shall continue to be compensated in such new position at 
not less than the rate provided for such previous position, for the 
duration of the service of such person in such new position.
    (c) Termination of Certain Positions.--Except for members of the 
Foreign Service and the Commissioned Officer Corps of the National 
Oceanic and Atmospheric Administration, positions whose incumbents are 
appointed by the President, by and with the advice and consent of the 
Senate, the functions of which are transferred by this Act, shall 
terminate on the effective date of this Act.

SEC. 605. SAVINGS PROVISIONS.

    (a) Continuing Effect of Legal Documents.--All orders, 
determinations, rules, regulations, permits, agreements, grants, 
contracts, certificates, licenses, registrations, privileges, and other 
administrative actions--
            (1) which have been issued, made, granted, or allowed to 
        become effective by the President, any Federal agency or 
        official thereof, or by a court of competent jurisdiction, in 
        the performance of functions which are transferred under this 
        Act, and
            (2) which are in effect at the time this Act takes effect, 
        or were final before the effective date of this Act and are to 
        become effective on or after the effective date of this Act,
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the President, the head of the Federal agency to which such functions 
are transferred under this Act or other authorized official, a court of 
competent jurisdiction, or by operation of law.
    (b) Proceedings Not Affected.--(1) The provisions of this Act shall 
not affect any proceedings, including notices of proposed rulemaking, 
or any application for any license, permit, certificate, or financial 
assistance pending on the effective date of this Act before the 
Department of Commerce or the Office of the United States Trade 
Representative, or any office thereof with respect to functions 
transferred by this Act, but such proceedings or applications, to the 
extent that they relate to functions transferred, shall be continued. 
Orders shall be issued in such proceedings, appeals shall be taken 
therefrom, and payments shall be made under such orders, as if this Act 
had not been enacted, and orders issued in any such proceedings shall 
continue in effect until modified, terminated, superseded, or revoked 
by the head of the Federal agency to which such functions are 
transferred by this Act, by a court of competent jurisdiction, or by 
operation of law. Nothing in this subsection prohibits the 
discontinuance or modification of any such proceeding under the same 
terms and conditions and to the same extent that such proceeding could 
have been discontinued or modified if this Act had not been enacted.
    (2) The Secretary of Commerce, the United States Trade 
Representative, and the head of each Federal agency to which functions 
are transferred by this Act are authorized to issue regulations 
providing for the orderly transfer of proceedings continued under 
paragraph (1).
    (c) Administrative Actions Relating to Promulgation of Rules.--Any 
administrative action relating to the preparation or promulgation of a 
regulation by a Federal agency relating to a function transferred under 
this Act may be continued by the Federal agency to which such function 
is transferred with the same effect as if this Act had not been 
enacted.
    (d) Suits Not Affected.--Except as provided in subsection (e)--
            (1) the provisions of this Act do not affect actions 
        commenced prior to the effective date of this Act, and
            (2) in all such actions, proceedings shall be had, appeals 
        taken, and judgments rendered in the same manner and effect as 
        if this Act had not been enacted.
    (e) Nonabatement of Actions.--No action or other proceeding 
commenced by or against any officer in his official capacity as an 
officer of the Department of Commerce or the Office of United States 
Trade Representative with respect to functions transferred by this Act 
shall abate by reason of the enactment of this Act. No cause of action 
by or against the Department of Commerce or the Office of United States 
Trade Representative with respect to functions transferred by this Act, 
or by or against any officer thereof in his official capacity, shall 
abate by reason of the enactment of this Act. Causes of action and 
actions with respect to a function or office transferred by this Act, 
or other proceedings may be asserted by or against the United States or 
an official of the Federal agency to which such function or office is 
transferred by this Act, as may be appropriate, and, in an action 
pending when this Act takes effect, the court may at any time, on its 
own motion or that of any party, enter an order which will give effect 
to the provisions of this subsection.
    (f) Federal Official as Party in Action.--If, before the date on 
which this Act takes effect, the Department of Commerce or the Office 
of the United States Trade Representative, or any officer thereof in 
his official capacity, is a party to an action, and under this Act any 
function of such Department, Office, or officer is transferred to a 
Federal agency, then such action shall be continued with the head of 
such agency substituted or added as a party.
    (g) Judicial Review.--Orders and actions of the head of a Federal 
agency in the exercise of functions transferred to the head of such 
agency by this Act shall be subject to judicial review to the same 
extent and in the same manner as if such orders and actions had been by 
the Department of Commerce or the Office of the United States Trade 
Representative, or any office or officer thereof, in the exercise of 
such functions immediately preceding their transfer. Any statutory 
requirements relating to notice, hearings, action upon the record, or 
administrative review that apply to any function transferred by this 
Act shall apply to the exercise of such function by the head of the 
Federal agency to which such function is transferred by this Act.

SEC. 606. SEVERABILITY.

    If a provision of this Act or its application to any person or 
circumstance is held invalid, neither the remainder of this Act nor the 
application of the provision to other persons or circumstances shall be 
affected.

SEC. 607. REFERENCE.

    With respect to any functions transferred by this Act and exercised 
after the effective date of this Act, reference in any other Federal 
law to--
            (1) the Secretary of Commerce or the United States Trade 
        Representative; or
            (2) the Department of Commerce or the Office of the United 
        States Trade Representative or any officer or office thereof,
shall be considered to refer to the head of the Federal agency to whom 
such functions were transferred by this Act.

SEC. 608. TRANSITION.

    With the consent of the Secretary of Commerce or the United States 
Trade Representative, as the case may be, the head of each Federal 
agency to which functions or offices are transferred by this Act is 
authorized to utilize--
            (1) the services of such officers, employees, and other 
        personnel of the Department of Commerce or the Office of the 
        United States Trade Representative, as the case may be, with 
        respect to functions or offices transferred to that agency by 
        this Act; and
            (2) funds appropriated to such functions or offices for 
        such period of time as may reasonably be needed to facilitate 
        the orderly implementation of this Act.

SEC. 609. ADDITIONAL CONFORMING AMENDMENTS.

    (a) In General.--After consultation with the appropriate committees 
of the Congress and the Director of the Office of Management and 
Budget, the head of each agency to which functions were transferred 
under this Act shall prepare and submit to the Congress recommended 
legislation containing technical and conforming amendments to reflect 
the changes made by this Act.
    (b) Submission.--No later than 6 months after the effective date of 
this title, each such agency head shall submit the recommended 
legislation referred to under subsection (a).

                        TITLE VII--MISCELLANEOUS

SEC. 701. EFFECTIVE DATE.

    (a) In General.--This Act shall take effect 180 days after the date 
of enactment, except that--
            (1) section 608 shall take effect on the date of enactment; 
        and
            (2) at any time after the date of enactment of this Act--
                    (A) the officers provided for in titles II, III, 
                and IV of this Act may be nominated and appointed, as 
                provided in such titles; and
                    (B) the Secretary of Commerce, the United States 
                Trade Representative, and the head of each Federal 
                agency to which functions are transferred by this Act 
                may promulgate regulations under section 605(b)(2).
    (b) Interim Compensation and Expenses.--Funds available to the 
Department of Commerce or the Office of the United States Trade 
Representative (or any official or component thereof), with respect to 
the functions transferred by this Act, may be used, with approval of 
the Director of the Office of Management and Budget, to pay the 
compensation and expenses of an officer appointed under subsection 
(a)(2)(A) who will carry out such functions until funds for that 
purpose are otherwise available.

SEC. 702. INTERIM APPOINTMENTS.

    (a) In General.--If one or more officers required by this Act to be 
appointed by and with the advice and consent of the Senate have not 
entered upon office on the effective date of this Act and 
notwithstanding any other provision of law, the President may designate 
any officer who was appointed by and with the advice and consent of the 
Senate, and who was such an officer on the day before the effective 
date of this Act, to act in the office until it is filled as provided 
by this Act.
    (b) Compensation.--Any officer acting in an office pursuant to 
subsection (a) shall receive compensation at the rate prescribed by 
this Act for such office.

SEC. 703. MANAGEMENT OF PROPERTY BY GENERAL SERVICES ADMINISTRATION.

    Subject to title VI, the General Services Administration shall 
perform transfer management functions of all Federal real property, 
including Federal buildings and physical facilities, of the Department 
of Commerce.

SEC. 704. BUY OUT AUTHORITY FOR DEPARTMENT OF COMMERCE.

    The Department of Commerce may, for such officers and employees as 
it deems appropriate, authorize a payment to officers and employees who 
voluntarily separate on or before September 30, 1996, whether by 
retirement or resignation. Such payment shall be paid in accordance 
with the provisions of section 5597(d) of title 5, United States Code.

SEC. 705. REPORTS BY THE OFFICE OF MANAGEMENT AND BUDGET.

    No later than 180 days after the date of the enactment of this Act, 
the Office of Management and Budget shall submit in writing to the 
Congress a determination of the feasibility and potential savings 
resulting from--
            (1)(A) the consolidation of the Export-Import Bank and the 
        Overseas Private Investment Corporation; and
            (B) the consolidation of the Boards of Directors of the 
        Export-Import Bank and the Overseas Private Investment 
        Corporation;
            (2) the further consolidation of the functions transferred 
        from the Trade and Development Agency to the United States 
        Trade Administration with the consolidations under paragraph 
        (1);
            (3)(A) the privatization of seafood inspection services, 
        weather services, data processing and dissemination, charting, 
        marine navigation services, and other potentially commercial 
        functions of the National Oceanic and Atmospheric 
        Administration, including those performed by the National 
        Oceanic and Atmospheric Administration Corps and the National 
        Oceanic and Atmospheric Administration fleet;
            (B) the streamlining and elimination of levels of hierarchy 
        of the National Oceanic and Atmospheric Administration 
        organization structure; and
            (C) the consolidation of similar environmental research 
        functions performed by the National Oceanic and Atmospheric 
        Administration, the Environmental Protection Agency, and other 
        natural resources agencies in the Federal Government; and
            (4) the further consolidation of statistical functions 
        throughout the Government into a single agency.

SEC. 706. PERSONNEL AND FUNDING REDUCTIONS RESULTING FROM 
              REORGANIZATION.

    (a) In General.--(1) The Office of Management and Budget, in 
consultation with the USTR and the head of each Federal agency affected 
by the provisions of this Act, shall take such actions as necessary to 
provide that the total funding of all functions transferred or 
terminated from the Department of Commerce under this Act--
            (A) in the first fiscal year following the fiscal year in 
        which this Act takes effect shall be equal to no more than 90 
        percent of the amount of total funding for the Department of 
        Commerce in fiscal year 1995; and
            (B) in the second fiscal year following the fiscal year in 
        which this Act takes effect shall be equal to no more than 65 
        percent of the amount of total funding for the Department of 
        Commerce in fiscal year 1995.
    (2) For purposes of subparagraphs (A) and (B) of paragraph (1), the 
sum of savings resulting from terminations of Department of Commerce 
functions and administrative savings achieved under this Act shall be 
at least 10 percent under subparagraph (A) and 35 percent under 
subparagraph (B) of the fiscal year 1995 appropriation to the 
Department of Commerce.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary for all personnel and 
nonpersonnel costs associated with any programmatic termination made 
under this Act and the amendments made by this Act. These sums shall be 
paid in accordance with existing personnel laws. Terminations are 
contingent upon the appropriation of such funds as are necessary to 
carry out such terminations.
    (c) Implementation Plan.--(1) No later than 90 days after the date 
of the enactment of this Act, the Office of Management and Budget shall 
submit a report to the Congress on a plan that--
            (A) provides for the implementation of the funding 
        reductions required under subsection (a); and
            (B) makes legislative recommendations for additional 
        authority necessary or useful in implementing such funding 
        reductions.
    (2) In preparing the report, the Office of Management and Budget 
shall consult with the USTR and the head of each Federal agency 
affected by the provisions of this Act.

SEC. 707. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this Act. Amounts appropriated 
under this section shall be available until expended.
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