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
II

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.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Department of Com5 merce Dismantling Act’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents for this Act is as follows:
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Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—ABOLISHMENT OF DEPARTMENT OF COMMERCE

Sec. 101. Reestablishment of Department as Commerce Programs Resolution

Agency.

Sec. 102. Functions.

Sec. 103. Deputy Administrator.

Sec. 104. Continuation of service of department officers.

Sec. 105. Reorganization.

Sec. 106. Abolishment of Commerce Programs Resolution Agency.

Sec. 107. GAO report.

Sec. 108. Conforming amendments.

Sec. 109. Effective date.

TITLE II—DISPOSITION OF PARTICULAR PROGRAMS, FUNCTIONS,

AND AGENCIES OF DEPARTMENT OF COMMERCE

Sec. 201. Economic development.

Sec. 202. Export control functions.

Sec. 203. National security functions.

Sec. 204. International trade functions.

Sec. 205. Patent and Trademark Office.

Sec. 206. Technology Administration.

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

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

Sec. 209. Terminated functions of NTIA.

Sec. 210. Transfer of spectrum management functions.

Sec. 211. National Oceanic and Atmospheric Administration.

Sec. 212. Miscellaneous abolishments.

Sec. 213. Effective date.

Sec. 214. Sense of Congress regarding user fees.

TITLE III—MISCELLANEOUS PROVISIONS

Sec. 301. References.

Sec. 302. Exercise of authorities.

Sec. 303. Savings provisions.

Sec. 304. Transfer of assets.

Sec. 305. Delegation and assignment.

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

Sec. 307. Proposed changes in law.

Sec. 308. Certain vesting of functions considered transfers.

Sec. 309. Definitions.

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

2 DEPARTMENT OF COMMERCE

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

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

7 Resolution Agency, which shall be an independent agency

8 in the executive branch of the Government.

9 (b) ADMINISTRATOR.—

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

11 of the Agency an Administrator of the Agency, who

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

13 advice and consent of the Senate. The Agency shall

14 be administered under the supervision and direction

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

17 of the Executive Schedule under section 5313 of title

18 5, United States Code.

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

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

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

24 Commerce Programs Resolution Agency (who may

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

2 under this paragraph may not be construed to affect

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

5 specified in section 109(a).

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

7 for—

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

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

10 pursuant to section 102 and the other provisions of

11 this Act;

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

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

14 Federal Government under any programs terminated

15 or repealed by this Act; and

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

19 the Department of Commerce.

20 SEC. 102. FUNCTIONS.

21 Except to the extent a function is abolished or vested

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

23 shall perform all functions that, immediately before the

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

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

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

5 SEC. 103. DEPUTY ADMINISTRATOR.

6 The Agency shall have a Deputy Administrator, who

7 shall—

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

10 (2) perform such functions as may be delegated

11 by the Administrator.

12 SEC. 104. CONTINUATION OF SERVICE OF DEPARTMENT OF13 FICERS.

14 (a) CONTINUATION OF SERVICE OF SECRETARY.—

15 The individual serving on the effective date specified in

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

17 and act as Administrator until the earlier of—

18 (1) the date an individual is appointed under

19 this title to the position of Administrator; or

20 (2) the end of the 120-day period provided for

21 in section 3348 of title 5, United States Code (relat22 ing to limitations on the period of time a vacancy

23 may be filled temporarily).

24 (b) CONTINUATION OF SERVICE OF OTHER OFFI25 CERS.—An individual serving on the effective date speci-
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1 fied in section 109(a) as an officer of the Department of

2 Commerce other than the Secretary of Commerce may

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

4 Agency until the earlier of—

5 (1) the date an individual is appointed under

6 this title to the position of Administrator; or

7 (2) the end of the 120-day period provided for

8 in section 3348 of title 5, United States Code (relat9 ing to limitations on the period of time a vacancy

10 may be filled temporarily) with respect to that ap11 pointment.

12 (c) COMPENSATION FOR CONTINUED SERVICE.—Any

13 person—

14 (1) who serves as the Administrator under sub15 section (a), or

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

17 after the effective date specified in section 109(a) and be18 fore the first appointment of a person as Administrator

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

20 at which such person was compensated before that effec21 tive date.

22 SEC. 105. REORGANIZATION.

23 The Administrator may allocate or reallocate any

24 function of the Agency pursuant to this Act among the

25 officers of the Agency, and may establish, consolidate,
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1 alter, or discontinue in the Commerce Programs Resolu2 tion Agency any organizational entities that were entities

3 of the Department of Commerce, as the Administrator

4 considers necessary or appropriate.

5 SEC. 106. ABOLISHMENT OF COMMERCE PROGRAMS RESO6 LUTION AGENCY.

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

8 specified in subsection (d), the Commerce Programs Reso9 lution Agency is abolished.

10 (b) ABOLITION OF FUNCTIONS.—Except for func11 tions transferred or otherwise continued by this Act, all

12 functions that, immediately before the termination date

13 specified in subsection (d), were functions of the Com14 merce Programs Resolution Agency are abolished effective

15 on that termination date.

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

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

18 President shall submit to the Congress a plan for winding

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

20 by not later than the termination date specified in sub21 section (d).

22 (d) TERMINATION DATE.—The termination date

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

24 date of the enactment of this Act.
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1 SEC. 107. GAO REPORT.

2 Not later than 180 days after the date of enactment

3 of this Act, the Comptroller General of the United States

4 shall submit to the Congress a report that shall include

5 recommendations for the most efficient means of achiev6 ing, in accordance with this Act—

7 (1) the complete abolishment of the Depart8 ment of Commerce; and

9 (2) the termination or transfer or other con10 tinuation of the functions of the Department of

11 Commerce.

12 SEC. 108. CONFORMING AMENDMENTS.

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

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

15 ‘‘Secretary of Commerce,’’.

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

17 5, United States Code, is amended by striking the follow18 ing item:

19 ‘‘The Department of Commerce.’’.

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

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

22 following item:

23 ‘‘Secretary of Commerce.’’.

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

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

26 (1) by striking the following item:
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1 ‘‘Under Secretary of Commerce, Under Sec2 retary of Commerce for Economic Affairs, Under

3 Secretary of Commerce for Export Administration

4 and Under Secretary of Commerce for Travel and

5 Tourism.’’;

6 (2) by striking the following item:

7 ‘‘Under Secretary of Commerce for Oceans and

8 Atmosphere, the incumbent of which also serves as

9 Administrator of the National Oceanic and Atmos10 pheric Administration.’’; and

11 (3) by striking the following item:

12 ‘‘Under Secretary of Commerce for Tech13 nology.’’.

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

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

16 (1) by striking the following items:

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

18 (2) by striking the following item:

19 ‘‘General Counsel of the Department of Com20 merce.’’;

21 (3) by striking the following item:

22 ‘‘Assistant Secretary of Commerce for Oceans

23 and Atmosphere, the incumbent of which also serves

24 as Deputy Administrator of the National Oceanic

25 and Atmospheric Administration.’’;
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1 (4) by striking the following item:

2 ‘‘Director, National Institute of Standards and

3 Technology, Department of Commerce.’’;

4 (5) by striking the following item:

5 ‘‘Inspector General, Department of Com6 merce.’’;

7 (6) by striking the following item:

8 ‘‘Chief Financial Officer, Department of Com9 merce.’’; and

10 (7) by striking the following item:

11 ‘‘Director, Bureau of the Census, Department

12 of Commerce.’’.

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

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

15 (1) by striking the following item:

16 ‘‘Director, United States Travel Service, De17 partment of Commerce.’’; and

18 (2) by striking the following item:

19 ‘‘National Export Expansion Coordinator, De20 partment of Commerce.’’.

21 (g) INSPECTOR GENERAL ACT OF 1978.—The In22 spector General Act of 1978 (5 U.S.C. App.) is amend23 ed—

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

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

2 and

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

4 SEC. 109. EFFECTIVE DATE.

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

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

7 after the date of the enactment of this Act.

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

11 (1) Section 101(b).

12 (2) Section 106(c).

13 (3) Section 107.

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

18 SEC. 201. ECONOMIC DEVELOPMENT.

19 (a) TERMINATED FUNCTIONS.—The Public Works

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

21 et seq.) is repealed.

22 (b) TRANSFER OF FINANCIAL OBLIGATIONS OWED

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

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

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

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

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

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

10 Commerce under authority of such Act with respect to any

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

12 Department of Commerce pursuant to such Act.

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

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

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

18 all loans, obligations, and guarantees and shall transmit

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

20 SEC. 202. EXPORT CONTROL FUNCTIONS.

21 (a) TRANSFER TO SECRETARY OF DEFENSE.—

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

23 section, all functions of the Secretary of Commerce,

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

2 Administration Act of 1979 (50 U.S.C. App.

3 2414(a)), and the Department of Commerce, on the

4 day before the effective date specified in section

5 109(a), under the Export Administration Act of

6 1979 are transferred to the Secretary of Defense.

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

9 States Trade Representative with respect to any li10 censing decision under the Export Administration

11 Act of 1979.

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

13 Secretary of Commerce, on the day before the effective

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

15 Export Administration Act of 1979 (50 U.S.C. App.

16 2406), and under all other provisions of that Act to the

17 extent that such provisions apply to section 7, are trans18 ferred to the President.

19 (c) ENFORCEMENT.—

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

21 Secretary of Commerce and the Department of Com22 merce, on the day before the effective date specified

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

24 13(c), (d), and (e) of the Export Administration Act

25 of 1979 (50 U.S.C. App. 2410(c), 2411, and
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1 2412(c), (d), and (e)) are transferred to the Sec2 retary of the Treasury.

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

5 agents of the Bureau of Export Administration of

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

8 were assigned to perform functions under section

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

10 be transferred to the Customs Service to carry out

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

13 determine the special agents to be transferred under

14 this paragraph.

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

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

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

20 other provisions of that Act to the extent that such provi21 sions apply to section 8, are transferred to the Attorney

22 General.

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

2 Foreign Availability established under section 5(f)(6)

3 of the Export Administration Act of 1979 (50

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

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

6 of the Export Administration Act of 1979 (50

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

9 (3) APPOINTMENT OF INDUSTRIES BOARD.—

10 The President shall appoint an industries board,

11 composed of representatives of industries affected by

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

15 that no Federal funds may be made available to the

16 industries board to carry out its functions.

17 (f) BUYING POWER MAINTENANCE ACCOUNT.—The

18 authority of the Secretary of Commerce under section 108

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

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

22 out functions under the Export Administration Act of

23 1979 that are transferred to the Secretary of State under

24 this section.

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

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

3 by striking subsection (a) and inserting the follow4 ing: ‘‘(a) [Reserved].’’.

5 (2) The Office of the Under Secretary of Com6 merce for Export Administration is abolished.

7 SEC. 203. NATIONAL SECURITY FUNCTIONS.

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

9 Secretary of Commerce immediately before the effective

10 date specified in section 109(a)—

11 (1) under section 232 of the Trade Expansion

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

13 International Trade Commission;

14 (2) under section 309 of the Defense Produc15 tion Act of 1950 (50 U.S.C. App. 2099) are trans16 ferred to the Secretary of Defense; and

17 (3) under section 722 of the Defense Produc18 tion Act of 1950 (50 U.S.C. App. 2171) are trans19 ferred to the Secretary of the Treasury.

20 (b) NATIONAL DEFENSE TECHNOLOGY AND INDUS21 TRIAL BASE COUNCIL.—Section 2502(b) of title 10, Unit22 ed States Code, is amended by striking paragraph (3) and

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

24 and (4), respectively.
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1 (c) APPOINTMENT OF COMMITTEES OF INDUSTRY

2 REPRESENTATIVES.—The President should appoint com3 mittees composed of representatives of appropriate indus4 tries to advise the National Security Council with respect

5 to those matters affecting industry addressed by the Sec6 retary of Commerce to the National Security Council be7 fore the effective date specified in section 109(a).

8 SEC. 204. INTERNATIONAL TRADE FUNCTIONS.

9 (a) TARIFF ACT OF 1930; URUGUAY ROUND AGREE10 MENTS ACT.—

11 (1) TRANSFER TO UNITED STATES TRADE REP12 RESENTATIVE.—All functions of the International

13 Trade Administration of the Department of Com14 merce, immediately before the effective date speci15 fied in section 109(a), under titles III and VII of the

16 Tariff Act of 1930, and all functions of the admin17 istering authority or the Secretary of Commerce

18 under the Uruguay Round Agreements Act, are

19 transferred to the United States Trade Representa20 tive.

21 (2) CONFORMING AMENDMENT.—Section

22 771(1) of the Tariff Act of 1930 (19 U.S.C.

23 1677(1)) is amended by striking ‘‘Secretary of Com24 merce’’ and inserting ‘‘United States Trade Rep25 resentative’’.
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1 (b) FOREIGN TRADE ZONES BOARD.—Subsection (b)

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

3 known as the ‘‘Foreign Trade Zones Act’’) (48 Stat. 999,

4 chapter 590; 19 U.S.C. 81a(b)) is amended by striking

5 ‘‘Secretary of Commerce, who shall be chairman and exec6 utive officer of the Board, the Secretary of the Treasury’’

7 and inserting ‘‘Secretary of the Treasury, who shall be

8 chairman and executive officer of the Board, the United

9 States Trade Representative’’.

10 (c) UNITED STATES AND FOREIGN COMMERCIAL

11 SERVICE.—

12 (1) RENAMING AND ABOLITION OF CERTAIN

13 FUNCTIONS.—The United States and Foreign Com14 mercial Service shall, upon the effective date speci15 fied in section 109(a), be known as the ‘‘United

16 States Foreign Commercial Service’’ (hereafter in

17 this subsection referred to as the ‘‘Commercial Serv18 ice’’). All operations of the Commercial Service in

19 the United States (other than those performed at

20 the headquarters office referred to in section

21 2301(c) of the Export Enhancement Act of 1988

22 (15 U.S.C. 4721(c)) with respect to the foreign op23 erations of the Commercial Service) are abolished.

24 (2) TRANSFER TO USTR.—The Commercial

25 Service and its functions are transferred to the
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1 United States Trade Representative. All functions

2 performed immediately before the effective date

3 specified in section 109(a) by the Secretary of Com4 merce or the Department of Commerce with respect

5 to the Commercial Service are transferred to the

6 United States Trade Representative.

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

8 Commercial Service shall, as of the effective date

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

10 of the United States Foreign Commercial Service.

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

12 is amended by striking ‘‘Assistant Secretary of Com13 merce and Director General of the United States

14 and Foreign Commercial Service’’ and inserting ‘‘Di15 rector General of the United States Foreign Com16 mercial Service.’’.

17 (C) The individual serving as Assistant Sec18 retary of Commerce and Director General of the

19 United States and Foreign Commercial Service im20 mediately before the effective date specified in sec21 tion 109(a) may serve as the Director General of the

22 United States Foreign Commercial Service on and

23 after such effective date until a successor has taken

24 office. Compensation for any service under this sub25 paragraph shall be at the rate at which the individ-
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1 ual was compensated immediately before the effec2 tive date specified in section 109(a).

3 (4) TRANSFER OF COMMERCIAL SERVICE OFFI4 CERS.—The transfer to the United States Trade

5 Representative pursuant to this section of any Com6 mercial Service Officer serving immediately before

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

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

9 or compensation.

10 (d) EXPORT PROMOTION PROGRAMS.—

11 (1) TRANSFER.—All export promotion pro12 grams (as defined in section 201(d) of the Export

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

14 4051(d))) carried out by the Secretary of Commerce

15 or the Department of Commerce immediately before

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

17 transferred to the United States Trade Representa18 tive.

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

20 program transferred under paragraph (1), no funds

21 made available to the United States Trade Rep22 resentative may be used in carrying out such pro23 gram, but the United States Trade Representative

24 may require the persons to whom services are pro25 vided by the Office of the United States Trade Rep-
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1 resentative under such program to pay for such serv2 ices.

3 (e) TRADE INFORMATION.—All functions of the Sec4 retary of Commerce under the International Investment

5 and Trade in Services Survey Act (22 U.S.C. 3101 et seq.)

6 are transferred to the Secretary of the Treasury.

7 (f) INTERNATIONAL ECONOMIC POLICY.—All func8 tions performed by the Assistant Secretary of Commerce

9 for International Economic Policy and the Office of Inter10 national Economic Policy of the Department of Commerce

11 immediately before the effective date specified in section

12 109(a) are abolished.

13 (g) FUNCTIONS WITH RESPECT TO TEXTILE AGREE14 MENTS.—

15 (1) TRANSFER OF FUNCTIONS.—Notwithstand16 ing the provisions of Executive Order 11651 and

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

18 functions of the Committee for the Implementation

19 of Textile Agreements (hereafter in this subsection

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

21 (A) All functions related to policy formula22 tion for textile and apparel trade, including the

23 negotiation and implementation of textile and

24 apparel trade agreements, and all related activi25 ties performed by CITA immediately before the
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1 effective date specified in section 109(a), and

2 not specified in paragraphs (2) through (4), are

3 transferred to the United States Trade Rep4 resentative.

5 (B) All functions related to economic anal6 ysis of textile and apparel trade patterns, deter7 mination of serious damage, or actual threat

8 thereof, to domestic United States industry and

9 related safeguards matters, including the tran10 sitional safeguard provisions under Article 6 of

11 the Agreement on Textiles and Clothing re12 ferred to in section 101(d)(4) of the Uruguay

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

14 and analysis of the impact of foreign tariff and

15 nontariff barriers on textile and apparel trade,

16 and all related activities performed by CITA

17 immediately before the effective date specified

18 in section 109(a), are transferred to the United

19 States Trade Representative.

20 (C) All functions related to the promotion

21 and foreign market expansion of United States

22 textile and apparel production are transferred

23 to the United States Foreign Commercial Serv24 ice.
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1 (D) All functions related to monitoring

2 quota utilization and enforcement, and actions

3 to address the circumvention of quotas, as de4 scribed in the statement of administrative ac5 tion accompanying the Uruguay Round Agree6 ments (as defined in section 2 of the Uruguay

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

8 transferred to the Secretary of the Treasury.

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

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

11 the Secretary of Commerce under the Fair Trade in Auto

12 Parts Act of 1988 (15 U.S.C. 4701 et seq.) are trans13 ferred to the International Trade Commission.

14 (i) OTHER TRADE FUNCTIONS.—

15 (1) INTERAGENCY TRADE ORGANIZATION.—The

16 President shall provide for the direct participation

17 by representatives of industry on the Interagency

18 Trade Organization established under section 242 of

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

20 to carry out appropriate functions of the Secretary

21 of Commerce as a member of such organization be22 fore the effective date specified in section 109(a).

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

24 functions of the Secretary of Commerce under the

25 Export Trading Company Act of 1982 (15 U.S.C.
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1 4001 through 4003), and the Office of Export Trade

2 established under section 104 of that Act, are abol3 ished.

4 (B) The functions of the Secretary of Com5 merce under title III of the Act of October 8, 1982

6 (15 U.S.C. 4011 et seq.), are transferred to the Sec7 retary of the Treasury.

8 (C) CONFORMING AMENDMENTS.—(i) The Ex9 port Trading Company Act of 1982 (15 U.S.C. 4001

10 through 4003) is repealed.

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

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

13 4011), is amended by striking ‘‘COMMERCE’’ and in14 serting ‘‘TREASURY’’.

15 (iii) Section 311(7) of the Export Trading

16 Company Act of 1982 (15 U.S.C. 4021(7)), is

17 amended by striking ‘‘Commerce’’ and inserting

18 ‘‘Treasury’’.

19 (j) APPOINTMENT OF INDUSTRIES BOARDS.—The

20 President shall appoint industries boards, composed of

21 representatives of industries in the private sector, to ad22 vise the Secretary of the Treasury and the United States

23 Trade Representative with respect to functions transferred

24 to them under this section.

25 (k) GIFTS AND BEQUESTS.—
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1 (1) IN GENERAL.—The Secretary of State, the

2 Secretary of the Treasury, and the United States

3 Trade Representative are authorized to accept, hold,

4 administer, and utilize gifts and bequests of prop5 erty, both real and personal, for the purpose of aid6 ing or facilitating the performance of functions

7 transferred to them under this section and section

8 202. Gifts and bequests of money and the proceeds

9 from sales of other property received as gifts or be10 quests shall be deposited in the United States Treas11 ury in a separate fund and shall be disbursed on

12 order of the Secretary of State, the Secretary of the

13 Treasury, or the United States Trade Representa14 tive. Property accepted pursuant to this paragraph,

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

16 possible in accordance with the terms of the gift or

17 bequest.

18 (2) TAX TREATMENT.—For the purpose of Fed19 eral income, estate, and gift taxes, and State taxes,

20 property accepted under subsection (a) shall be con21 sidered a gift or bequest to or for use of the United

22 States.

23 (3) INVESTMENT.—The Secretary of the Treas24 ury may invest and reinvest in securities of the

25 United States or in securities guaranteed as to prin-
26

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1 cipal and interest by the United States any moneys

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

3 Income accruing from such securities, and from any

4 other property held by the Secretary of State, the

5 Secretary of the Treasury, or the United States

6 Trade Representative pursuant to subsection (a),

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

8 be disbursed upon order of the Secretary of State,

9 the Secretary of the Treasury, or the United States

10 Trade Representative.

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

12 Congress that any department or agency of the United

13 States that compiles information on international econom14 ics or trade make that information available to other de15 partments and agencies performing functions relating to

16 international trade.

17 (m) TRADE ADJUSTMENT ASSISTANCE FOR

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

19 (19 U.S.C. 2341 et seq.) and the items relating to such

20 chapter in the table of contents for that Act, are repealed.

21 SEC. 205. PATENT AND TRADEMARK OFFICE.

22 (a) TRANSFER TO DEPARTMENT OF JUSTICE.—Ef23 fective as of the date specified in section 109(a)—

24 (1) the Patent and Trademark Office shall be

25 transferred to the Department of Justice; and
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1 (2) all functions which, immediately before such

2 date, are functions of the Secretary of Commerce

3 under title 35, United States Code, or any other

4 provision of law with respect to the functions of the

5 Patent and Trademark Office, are transferred to the

6 Attorney General.

7 (b) FUNDING.—

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

9 activities of the Patent and Trademark Office shall

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

11 United States Code, the Act of July 5, 1946 (com12 monly known as the ‘‘Trademark Act of 1946’’) (60

13 Stat. 427 et seq., chapter 540; 15 U.S.C. 1051 et

14 seq.), section 10101 of the Omnibus Budget Rec15 onciliation Act of 1990 (35 U.S.C. 41 note), or other

16 provision of law.

17 (2) FUNDS AVAILABLE WITHOUT APPROPRIA18 TION.—(A) Section 42(c) of title 35, United States

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

20 extent provided in appropriation Acts,’’ and insert21 ing ‘‘, without appropriation, to carry out’’.

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

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

24 note) is amended by striking ‘‘to the extent provided
28

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1 in appropriation Acts’’ and inserting ‘‘without ap2 propriation’’.

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

4 31, United States Code, is amended to read as follows:

5 ‘‘(f) The Commissioner may adjust the fees estab6 lished under this section on October 1 of each year to

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

8 (d) SERVICE OF INCUMBENTS.—Those individuals

9 serving as Commissioner of Patents and Trademarks,

10 Deputy Commissioner of Patents and Trademarks, Assist11 ant Commissioner of Patents, and Assistant Commis12 sioner of Trademarks, immediately before the effective

13 date specified in section 109(a), may continue in such of14 fice on and after such effective date until a successor has

15 taken office. Compensation for any service under this sub16 section shall be at the rate at which the individual was

17 compensated immediately before the effective date speci18 fied in section 109(a).

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

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

21 the Department of Justice under this section shall be

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

23 office to another.

24 (f) TECHNICAL AND CONFORMING AMENDMENTS.—
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1 (1) Section 1 of title 35, United States Code,

2 is amended to read as follows:

3 ‘‘§ 1. Establishment

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

5 the United States within the Department of Justice, where

6 records, books, drawings, specifications, and other papers

7 and things pertaining to patents and trademark registra8 tions shall be kept and preserved, except as otherwise pro9 vided by law.’’.

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

11 striking ‘‘Secretary of Commerce’’ each place it ap12 pears and inserting ‘‘Attorney General’’.

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

14 is amended by striking subsection (d).

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

16 is amended by striking

17 ‘‘Commissioner of Patents, Department of

18 Commerce.’’

19 and inserting

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

21 SEC. 206. TECHNOLOGY ADMINISTRATION.

22 (a) TECHNOLOGY ADMINISTRATION.—

23 (1) GENERAL RULE.—Except as otherwise pro24 vided in this section, the Technology Administration
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1 shall be terminated on the effective date specified in

2 section 213(a).

3 (2) OFFICE OF TECHNOLOGY POLICY.—The Of4 fice of Technology Policy is hereby terminated.

5 (b) NATIONAL INSTITUTE OF STANDARDS AND

6 TECHNOLOGY.—

7 (1) GENERAL RULE.—Except as otherwise pro8 vided in this subsection, the National Institute of

9 Standards and Technology (in this subsection re10 ferred to as the ‘‘Institute’’) shall be transferred to

11 the National Science Foundation.

12 (2) FUNCTIONS OF DIRECTOR.—Except as oth13 erwise provided in this subsection, upon the transfer

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

15 shall perform all functions relating to the Institute

16 that, immediately before the effective date specified

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

18 Commerce or the Under Secretary of Commerce for

19 Technology, including the administration of section

20 17 of the Stevenson-Wydler Technology Innovation

21 Act of 1980 (15 U.S.C. 3711a).

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

23 the Institute shall be transferred to the Commerce

24 Programs Resolution Agency.
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1 (B) The Commerce Programs Resolution Agen2 cy shall attempt to sell the property of the labora3 tories of the Institute, within 18 months after the

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

5 sector entity intending to perform substantially the

6 same functions as were performed by the labora7 tories of the Institute immediately before such effec8 tive date.

9 (C) If no offer to purchase property under sub10 paragraph (B) is received within the 18-month pe11 riod described in such subparagraph, the Commerce

12 Programs Resolution Agency shall submit a report

13 to the Congress containing recommendations on the

14 appropriate disposition of the property and functions

15 of the laboratories of the Institute.

16 (c) NATIONAL TECHNICAL INFORMATION SERV17 ICE.—

18 (1) SALE OF PROPERTY.—The Commerce Pro19 grams Resolution Agency shall attempt to sell the

20 property of the National Technical Information

21 Service, within 18 months after the effective date

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

23 intending to perform substantially the same func24 tions as were performed by the National Technical
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1 Information Service immediately before such effec2 tive date.

3 (2) RECOMMENDATIONS.—If no offer to pur4 chase property under paragraph (1) is received with5 in the 18-month period described in such paragraph,

6 the Commerce Programs Resolution Agency shall

7 submit a report to the Congress containing rec8 ommendations on the appropriate disposition of the

9 property and functions of the National Technical In10 formation Service.

11 (3) FUNDING.—No Federal funds may be ap12 propriated for the National Technical Information

13 Service for any fiscal year after fiscal year 1995.

14 (d) AMENDMENTS.—

15 (1) NATIONAL INSTITUTE OF STANDARDS AND

16 TECHNOLOGY ACT.—The National Institute of

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

18 seq.) is amended—

19 (A) in section 2—

20 (i) in subsection (b)—

21 (I) by striking paragraph (1);

22 and

23 (II) by redesignating paragraphs

24 (2) through (11) as paragraphs (1)

25 through (10), respectively; and
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1 (ii) in subsection (d), by striking ‘‘,

2 including the programs established under

3 sections 25, 26, and 28 of this Act’’;

4 (B) in section 10, by striking ‘‘Advanced’’

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

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

7 and

8 (C) by striking sections 24, 25, 26, and

9 28.

10 (2) STEVENSON-WYDLER TECHNOLOGY INNOVA11 TION ACT OF 1980.—The Stevenson-Wydler Tech12 nology Innovation Act of 1980 (15 U.S.C. 3701 et

13 seq.) is amended—

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

15 and redesignating paragraphs (3) through (5)

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

17 (B) in section 4, by striking paragraphs

18 (1), (4), and (13) and redesignating paragraphs

19 (2), (3), (5), (6), (7), (8), (9), (10), (11), and

20 (12) as paragraphs (1) through (10), respec21 tively;

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

23 10;

24 (D) in section 11—
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1 (i) in subsection (c)(3), by striking ‘‘,

2 the Federal Laboratory Consortium for

3 Technology Transfer,’’;

4 (ii) in subsection (d)—

5 (I) in paragraph (2), by striking

6 ‘‘and the Federal Laboratory Consor7 tium for Technology Transfer’’; and

8 (II) in paragraph (3), by striking

9 ‘‘, and refer such requests’’ and all

10 that follows through ‘‘available to the

11 Service’’; and

12 (iii) by striking subsection (e); and

13 (E) in section 17—

14 (i) in subsection (c)—

15 (I) in paragraph (1), by striking

16 ‘‘Subject to paragraph (2), separate’’

17 and inserting ‘‘Separate’’;

18 (II) by striking paragraph (2);

19 and

20 (III) by redesignating paragraph

21 (3) as paragraph (2); and

22 (ii) in subsection (f), by inserting ‘‘ad23 ministrative’’ after ‘‘funds to carry out’’.
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1 SEC. 207. REORGANIZATION OF THE BUREAU OF THE

2 CENSUS.

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

4 in section 213(a)—

5 (1) the Bureau of the Census shall be trans6 ferred to the Department of the Treasury; and

7 (2) all functions which, immediately before such

8 date, are functions of the Secretary of Commerce

9 under title 13, United States Code, shall be trans10 ferred to the Secretary of the Treasury.

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

12 Director of the Census immediately before the reorganiza13 tion under this section takes effect may continue serving

14 in that capacity until a successor has taken office. Com15 pensation for any service under this subsection shall be

16 at the rate at which such individual was compensated im17 mediately before the effective date of the reorganization.

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

19 Congress that the Bureau of the Census should—

20 (1) make appropriate use of any authority af21 forded to it by the Census Address List Improve22 ment Act of 1994 (Public Law 103–430; 108 Stat.

23 4393), and take measures to ensure the timely im24 plementation of such Act; and

25 (2) streamline census questionnaires to promote

26 savings in the collection and tabulation of data.
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1 (d) AMENDMENTS.—Effective as of the date specified

2 in section 213(a)—

3 (1) TRANSFER OF THE BUREAU TO THE DE4 PARTMENT OF THE TREASURY.—(A) Section 2 of

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

6 ‘‘is continued as’’ and all that follows through the

7 period and inserting ‘‘is an agency within, and under

8 the jurisdiction of, the Department of the Treas9 ury.’’.

10 (B) Section 12 of the Act of February 14, 1903

11 (32 Stat. 830, chapter 552; 15 U.S.C. 1511) is

12 amended by striking subsection (e) and redesignat13 ing subsections (f) and (g) as subsections (e) and

14 (f), respectively.

15 (2) DEFINITION OF SECRETARY.—Section 1(2)

16 of title 13, United States Code, is amended by strik17 ing ‘‘Secretary of Commerce’’ and inserting ‘‘Sec18 retary of the Treasury’’.

19 (3) REFERENCES IN TITLE 13, UNITED STATES

20 CODE, TO THE DEPARTMENT OF COMMERCE.—Title

21 13, United States Code, is amended in sections 4,

22 9(a), 23(b), 24(e), 44, 103, 132, 211, 213(b)(2),

23 221, 222, 223, 224, 225(a), and 241 by striking

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

25 and inserting ‘‘Department of the Treasury’’.
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1 (4) PROVISIONS RELATING TO THE SECRETARY

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

3 United States Code, is amended by striking the last

4 sentence.

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

6 and the item relating to such section in the analysis

7 for chapter 9 of such title are repealed.

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

9 Code, is amended—

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

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

12 and

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

14 and inserting ‘‘Secretary’’.

15 (D)(i) Section 401(a) of title 13, United States

16 Code, is amended—

17 (I) by striking ‘‘Department of Commerce’’

18 and inserting ‘‘Federal Reserve System’’; and

19 (II) by striking ‘‘Secretary of Commerce’’

20 and inserting ‘‘Secretary’’.

21 (ii) Section 8(e) of the Foreign Direct Invest22 ment and International Financial Data Improve23 ments Act of 1990 (22 U.S.C. 3144(e)) is amended

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

25 ‘‘Secretary of the Treasury’’.
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1 (5) COMPENSATION FOR THE POSITION OF DI2 RECTOR OF THE CENSUS.—Section 5315 of title 5,

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

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

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

6 following new item:

7 ‘‘Director of the Census, Department of the

8 Treasury.’’.

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

10 United States Code, is amended by adding at the

11 end the following new subsection:

12 ‘‘(c)(1) Nothing in subsection (a)(3) shall be consid13 ered to permit the disclosure of any matter or information

14 to an officer or employee of the Department of the Treas15 ury who is not referred to in subchapter II if, immediately

16 before the date specified in section 213(a) of the Depart17 ment of Commerce Dismantling Act, such disclosure (if

18 then made by an officer or employee of the Department

19 of Commerce) would have been impermissible under this

20 section (as then in effect).

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

22 any disclosure made to the Secretary.’’.

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

24 III, the reorganization of the Bureau of the Census under
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1 this section shall be treated as if that transfer involved

2 a transfer of functions from one office to another.

3 SEC. 208. REORGANIZATION OF THE BUREAU OF ECO4 NOMIC ANALYSIS.

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

6 in section 213(a)—

7 (1) the Bureau of Economic Analysis shall be

8 transferred to the Federal Reserve System; and

9 (2) all functions which, immediately before such

10 date, are functions of the Secretary of Commerce

11 with respect to the Bureau of Economic Analysis

12 shall be transferred to the Chairman of the Board

13 of Governors of the Federal Reserve System.

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

15 Director of the Bureau of Economic Analysis immediately

16 before the reorganization under this section takes effect

17 may continue serving in that capacity until a successor

18 has taken office. Compensation for any service under this

19 subsection shall be at the rate at which such individual

20 was compensated immediately before the effective date of

21 the reorganization.

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

23 date of enactment of this Act, the Director of the Bureau

24 of Economic Analysis shall submit to the Congress a writ25 ten report on—
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1 (1) the availability of any private sector re2 sources that may be capable of performing any or all

3 of the functions of the Bureau of Economic Analy4 sis, and the feasibility of having any such functions

5 so performed; and

6 (2) the feasibility of implementing a system

7 under which fees may be assessed by the Bureau of

8 Economic Analysis in order to defray the costs of

9 any services performed by the Bureau of Economic

10 Analysis, when such services are performed other

11 than on behalf of the Federal Government or an

12 agency or instrumentality thereof.

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

14 III, the reorganization of the Bureau of Economic Analy15 sis under this section shall be treated as if it involved a

16 transfer of functions from one office to another.

17 SEC. 209. TERMINATED FUNCTIONS OF NTIA.

18 The following provisions of law are repealed:

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

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

21 seq.), relating to assistance for public telecommuni22 cations facilities.

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

24 Communications Act of 1934 (47 U.S.C. 394 et
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1 seq.), relating to the Endowment for Children’s

2 Educational Television.

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

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

5 seq.), relating to telecommunications demonstration

6 grants.

7 SEC. 210. TRANSFER OF SPECTRUM MANAGEMENT FUNC8 TIONS.

9 There are transferred to the Chairman of the Federal

10 Communications Commission all functions of the Sec11 retary of Commerce, the Assistant Secretary of Commerce

12 for Communications and Information, and the National

13 Telecommunications and Information Administration

14 under parts A and B of the National Telecommunication

15 and Information Administration Organization Act.

16 SEC. 211. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN17 ISTRATION.

18 (a) TERMINATION OF AUTHORITY TO MAKE FISH19 ERIES GRANTS.—No financial assistance may be provided

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

21 provision of that assistance is a contractual obligation of

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

23 this section:
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1 (1) Section 2 of the Act of August 11, 1939,

2 popularly known as the ‘‘Saltonstall-Kennedy Act’’

3 (53 Stat. 1412, chapter 696; 15 U.S.C. 713c–3).

4 (2) Section 1 of the Act entitled ‘‘An Act to au5 thorize addition of certain donated lands to the Ev6 erglades National Park’’, approved September 2,

7 1960 (16 U.S.C. 753a).

8 (3) The Antarctic Marine Living Resources

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

10 (4) The Anadromous Fish Conservation Act (16

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

12 (5) Provisions of the Magnuson Fishery Con13 servation and Management Act (16 U.S.C. 1801 et

14 seq.) and the Department of Commerce Appropria15 tion Act of 1994 that authorize assistance to State

16 fishery agencies to enhance their data collection and

17 analysis systems to respond to coastwise fisheries

18 management needs.

19 (6) The Interjurisdictional Fisheries Act of

20 1986 (16 U.S.C. 4101 et seq.).

21 (7) Provisions of the Fish and Wildlife Act of

22 1956 and the Department of Commerce Appropria23 tion Act of 1994 that authorize assistance to State

24 for a cooperative State and Federal partnership to

25 provide a continuing source of fisheries statistics to
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1 support fisheries management in the States’ terri2 torial waters and the United States exclusive eco3 nomic zone.

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

5 1956 and the Department of Commerce Appropria6 tion Act of 1994 that authorize assistance to States

7 for a cooperative program that engages State and

8 Federal agencies in the coordinated collection, man9 agement, and dissemination of fishery-independent

10 information on marine fisheries in support of State

11 territorial waters and the United States exclusive

12 economic zone fisheries management programs.

13 (9) Provisions of the Act of May 11, 1938, pop14 ularly known as the ‘‘Mitchell Act’’ (52 Stat. 345 et

15 seq., chapter 193; 16 U.S.C. 755 et seq.), and the

16 Department of Commerce Appropriation Act of 1994

17 that authorize assistance to State fisheries agencies

18 in the Pacific Northwest to protect and enhance

19 salmon and steelhead resources in the region.

20 (10) Provisions of the Pacific Salmon Treaty

21 Act of 1985 (16 U.S.C. 3631 et seq.) and the De22 partment of Commerce Appropriation Act of 1994

23 that authorize assistance to States in fulfilling re24 sponsibilities under the Pacific Salmon Treaty by

25 providing administrative, management, and applied
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1 research support to the States to meet the needs of

2 the Pacific Salmon Commission and international

3 commitments under the treaty.

4 (11) Provisions of titles I and II of the Marine

5 Mammal Protection Act of 1972 (16 U.S.C. 1371–

6 1384) and the Department of Commerce Appropria7 tion Act of 1994 which authorize assistance to State

8 agencies for the collection and analysis of informa9 tion on marine mammals that occur in the State wa10 ters and interact with State managed fisheries.

11 (12) Provisions of the Pacific Salmon Treaty

12 Act of 1985 (16 U.S.C. 3631 et seq.) and the De13 partment of Commerce Appropriation Act of 1994

14 that—

15 (A) authorize assistance to States to assist

16 in fulfilling Federal responsibilities under the

17 Pacific Salmon Treaty by restoring Southeast

18 Alaska salmon harvests limited by the treaty

19 and by restoring salmon stocks as quickly as

20 possible; and

21 (B) help implement a 1989 ‘‘Understand22 ing between the United States and Canadian

23 Sections of the Pacific Salmon Commission

24 Concerning Joint Enhancement of

25 Transboundary River Salmon Stocks’’.
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1 (b) TERMINATION OF FISHERIES TRADE PROMOTION

2 PROGRAM.—Section 211 of the Salmon and Steelhead

3 Conservation and Enhancement Act of 1980 (15 U.S.C.

4 1511b) is repealed.

5 (c) CONFORMING AMENDMENT TO TERMINATE

6 FISHERIES PROMOTION AND DEVELOPMENT TRANSFERS

7 AND FUNDS.—

8 (1) IN GENERAL.—Section 2 of the Act of Au9 gust 11, 1939, popularly known as the ‘‘Saltonstall10 Kennedy Act’’ (53 Stat. 1412, chapter 696; 15

11 U.S.C. 713c–3) is amended by striking subsection

12 (b).

13 (2) REVERSION.—Amounts remaining, on the

14 effective date of this section, in the funds established

15 under section 2(b) of the Act of August 11, 1939,

16 as in effect on the day before the date of enactment

17 of this Act, that are not required for the provision

18 of financial assistance that is not otherwise termi19 nated by this section shall revert to the general fund

20 of the Treasury.

21 (d) TERMINATION OF AUTHORITY TO GUARANTEE

22 OBLIGATIONS FOR FISHING VESSEL AND FISHING FACIL23 ITY CONSTRUCTION, ETC.—No new guarantee of an obli24 gation or commitment to guarantee an obligation under

25 title XI of the Merchant Marine Act, 1936 (46 App.
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1 U.S.C. 1271 et seq.) may be made under authority that

2 was vested in the Secretary of Commerce on the day be3 fore the effective date of this section (relating to obliga4 tions for fishing vessels or fishing facilities), except to the

5 extent the making of such a guarantee was a contractual

6 obligation of the United States on the day before that ef7 fective date.

8 (e) TERMINATION OF COMPENSATION UNDER FISH9 ERMEN’S PROTECTIVE ACT OF 1967.—No compensation

10 may be paid under section 10 of the Fishermen’s Protec11 tive Act of 1967 (22 U.S.C. 1980), relating to compensa12 tion for damage, loss, or destruction of fishing vessels or

13 fishing gear, except to the extent the compensation was

14 awarded before the effective date of this section.

15 (f) TERMINATION OF COMPENSATION TO FISHERMEN

16 UNDER OUTER CONTINENTAL SHELF LANDS ACT

17 AMENDMENTS OF 1978.—No compensation may be paid

18 under title IV of the Outer Continental Shelf Lands Act

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

20 the extent the compensation was awarded before the effec21 tive date of this section.

22 (g) TERMINATION OF MISCELLANEOUS RESEARCH

23 FUNCTIONS.—The following functions, as vested in per24 sonnel of the National Oceanic and Atmospheric Adminis-
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1 tration on the day before the effective date of this section,

2 are terminated:

3 (1) All observation and prediction functions re4 lating to pollution research.

5 (2) All functions relating to estuarine and

6 coastal assessment research.

7 (h) TERMINATION OF NOAA CORPS.—

8 (1) TERMINATION.—The National Oceanic and

9 Atmospheric Administration Corps is terminated,

10 and the assets thereof shall be transferred to the

11 Commerce Programs Resolution Agency.

12 (2) DISPOSITION OF ASSETS.—The Adminis13 trator of the Commerce Programs Resolution Agen14 cy shall attempt to sell the assets of the National

15 Oceanic and Atmospheric Administration Corps,

16 within 18 months after the effective date specified in

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

18 to perform substantially the same functions as were

19 performed by the National Oceanic and Atmospheric

20 Administration Corps immediately before such effec21 tive date.

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

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

24 period described in such paragraph, the Commerce

25 Programs Resolution Agency shall submit a report
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1 to the Congress containing recommendations on the

2 appropriate disposition of the assets and functions of

3 the National Oceanic and Atmospheric Administra4 tion Corps.

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

6 the Interior—

7 (1) shall cease modernization of the National

8 Oceanic and Atmospheric Administration fleet of

9 vessels and terminate all new construction for that

10 fleet;

11 (2) shall promptly dispose of all assets compris12 ing the National Oceanic and Atmospheric Adminis13 tration fleet; and

14 (3) may not purchase any vessels for the Na15 tional Oceanic and Atmospheric Administration.

16 (j) OFFICE OF OCEANIC AND ATMOSPHERIC RE17 SEARCH.—

18 (1) IN GENERAL.—Except as otherwise pro19 vided in paragraph (2) or (3), the Office of Oceanic

20 and Atmospheric Research shall be terminated.

21 (2) WEATHER RESEARCH.—Functions relating

22 to weather research of the Office of Oceanic and At23 mospheric Research shall be transferred to the Na24 tional Weather Service.
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1 (3) LABORATORIES.—(A) The laboratories of

2 the Office of Oceanic and Atmospheric Research

3 shall be transferred to the Commerce Programs Res4 olution Agency.

5 (B) The Commerce Programs Resolution Agen6 cy shall attempt to sell the property of the labora7 tories of the Office of Oceanic and Atmospheric Re8 search, within 18 months after the effective date

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

10 intending to perform substantially the same func11 tions as were performed by the laboratories of the

12 Office of Oceanic and Atmospheric Research imme13 diately before such effective date.

14 (C) If no offer to purchase property under sub15 paragraph (B) is received within the 18-month pe16 riod described in such subparagraph, the Commerce

17 Programs Resolution Agency shall transfer the re18 maining laboratories to the Department of the Inte19 rior, which shall submit a report to the Congress

20 containing recommendations on the appropriate dis21 position of the property and functions of such lab22 oratories.

23 (k) NAUTICAL AND AERONAUTICAL CHARTING.—

24 (1) IN GENERAL.—The nautical and aeronauti25 cal charting functions of the National Oceanic and
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1 Atmospheric Administration shall be transferred to

2 the Defense Mapping Agency.

3 (2) DEFENSE MAPPING AGENCY.—The Defense

4 Mapping Agency shall terminate any functions

5 transferred to it under paragraph (1) that are per6 formed by the private sector.

7 (l) NESDIS.—

8 (1) NATIONAL ENVIRONMENTAL SATELLITE,

9 DATA, AND INFORMATION SYSTEM DATA CENTERS.—

10 (A) The National Environmental Satellite, Data,

11 and Information System Data Centers shall be

12 transferred to the Commerce Programs Resolution

13 Agency.

14 (B) The Commerce Programs Resolution Agen15 cy shall attempt to sell the property of the National

16 Environmental Satellite, Data, and Information Sys17 tem Data Centers, within 18 months after the effec18 tive date specified in section 213(a), to a private sec19 tor entity intending to perform substantially the

20 same functions as were performed by the National

21 Environmental Satellite, Data, and Information Sys22 tem Data Centers immediately before such effective

23 date.

24 (C) If no offer to purchase property under sub25 paragraph (B) is received within the 18-month pe-
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1 riod described in such subparagraph, the Commerce

2 Programs Resolution Agency shall submit a report

3 to the Congress containing recommendations on the

4 appropriate disposition of the property and functions

5 of the National Environmental Satellite, Data, and

6 Information System Data Centers.

7 (2) WEATHER SATELLITES.—Functions related

8 to weather satellites of the National Environmental

9 Satellite, Data, and Information System shall be

10 transferred to the National Weather Service.

11 (m) NATIONAL WEATHER SERVICE.—

12 (1) IN GENERAL.—The National Weather Serv13 ice is hereby transferred to the Department of the

14 Interior.

15 (2) TERMINATION OF SERVICES.—(A) The Na16 tional Weather Service shall terminate its specialized

17 agricultural, Marine Radiofax, and forestry weather

18 services, and its Regional Climate Centers.

19 (B) The National Weather Service may termi20 nate any other specialized weather services not re21 quired by law to be performed.

22 (n) NATIONAL MARINE FISHERIES SERVICE.—

23 (1) TRANSFER OF ENFORCEMENT FUNC24 TIONS.—There are transferred to the Secretary of

25 Transportation all functions relating to law enforce-
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1 ment that on the day before the effective date of this

2 section were authorized to be performed by the Na3 tional Marine Fisheries Service.

4 (2) TRANSFER OF SCIENCE FUNCTIONS.—There

5 are transferred to the Director of the United States

6 Fish and Wildlife Service all functions relating to

7 science that on the day before the effective date of

8 this section were authorized to be performed by the

9 National Marine Fisheries Service.

10 (3) TRANSFER OF SEAFOOD INSPECTION FUNC11 TIONS.—There are transferred to the Secretary of

12 Agriculture all functions relating to seafood inspec13 tion that on the day before the effective date of this

14 section were authorized to be performed by the Na15 tional Marine Fisheries Service.

16 (o) NATIONAL OCEAN SERVICE.—

17 (1) TRANSFER OF GEODESY FUNCTIONS.—

18 There are transferred to the Director of the United

19 States Geological Survey all functions relating to ge20 odesy that on the day before the effective date of

21 this section were authorized to be performed by the

22 National Ocean Service.

23 (2) TRANSFER OF MARINE AND ESTUARINE

24 SANCTUARY FUNCTIONS.—There are transferred to

25 the Secretary of the Interior all functions relating to
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1 marine and estuarine sanctuaries that on the day

2 before the effective date of this section were author3 ized to be performed by the National Ocean Service.

4 (p) ENVIRONMENTAL RESEARCH LABORATORIES.—

5 (1) TRANSFER.—The environmental research

6 laboratories of the National Oceanic and Atmos7 pheric Administration (other than laboratories of the

8 Office of Oceanic and Atmospheric Research, re9 ferred to in subsection (j)) shall be transferred to

10 the Commerce Programs Resolution Agency.

11 (2) DISPOSAL.—The Commerce Programs Res12 olution Agency shall attempt to sell the property of

13 the laboratories transferred under paragraph (1),

14 within 18 months after the effective date specified in

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

16 to perform substantially the same functions as were

17 performed by the laboratories before such effective

18 date.

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

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

21 period described in such paragraph, the Commerce

22 Programs Resolution Agency shall submit a report

23 to the Congress containing recommendations on the

24 appropriate disposition of the property and functions

25 of the laboratories transferred under paragraph (1).
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1 SEC. 212. MISCELLANEOUS ABOLISHMENTS.

2 The following agencies and programs of the Depart3 ment of Commerce are abolished, and the functions of

4 those agencies or programs are abolished except to the ex5 tent otherwise provided in this Act:

6 (1) The Economic Development Administration.

7 (2) The Minority Business Development Admin8 istration.

9 (3) The United States Travel and Tourism Ad10 ministration.

11 (4) The National Telecommunications and In12 formation Administration.

13 (5) The Advanced Technology Program under

14 section 28 of the National Institute of Standards

15 and Technology Act (15 U.S.C. 278n).

16 (6) The Manufacturing Extension Programs

17 under sections 25 and 26 of the National Institute

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

19 and 278l).

20 SEC. 213. EFFECTIVE DATE.

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

22 (b), this title shall take effect on the effective date speci23 fied in section 109(a).

24 (b) PROVISIONS EFFECTIVE ON DATE OF ENACT25 MENT.—The following provisions of this title shall take ef26 fect on the date of the enactment of this Act:
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1 (1) Section 201.

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

3 (3) Section 212.

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

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

6 agency that performs a function vested in the agency by

7 this Act should, wherever feasible, explore and implement

8 user fees for the provision of services in the performance

9 of that function, to offset operating costs.

10 TITLE III—MISCELLANEOUS

11 PROVISIONS

12 SEC. 301. REFERENCES.

13 Any reference in any other Federal law, Executive

14 order, rule, regulation, or delegation of authority, or any

15 document of or pertaining to an office from which a func16 tion is transferred by this Act—

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

18 of the Department of Commerce, is deemed to refer

19 to the head of the department or office to which

20 such function is transferred; or

21 (2) to the Department of Commerce or an

22 agency in the department of Commerce is deemed to

23 refer to the department or office to which such func24 tion is transferred.
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1 SEC. 302. EXERCISE OF AUTHORITIES.

2 Except as otherwise provided by law, a Federal offi3 cial to whom a function is transferred by this Act may,

4 for purposes of performing the function, exercise all au5 thorities under any other provision of law that were avail6 able with respect to the performance of that function to

7 the official responsible for the performance of the function

8 immediately before the effective date of the transfer of the

9 function under this Act.

10 SEC. 303. SAVINGS PROVISIONS.

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

12 rules, regulations, permits, grants, loans, contracts, agree13 ments, certificates, licenses, and privileges—

14 (1) that have been issued, made, granted, or al15 lowed to become effective by the President, the Sec16 retary of Commerce, any officer or employee of any

17 office transferred by this Act, or any other Govern18 ment official, or by a court of competent jurisdic19 tion, in the performance of any function that is

20 transferred by this Act, and

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

22 such transfer (or become effective after such date

23 pursuant to their terms as in effect on such effective

24 date),

25 shall continue in effect according to their terms until

26 modified, terminated, superseded, set aside, or revoked in
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1 accordance with law by the President, any other author2 ized official, a court of competent jurisdiction, or operation

3 of law.

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

5 proceedings or any application for any benefits, service,

6 license, permit, certificate, or financial assistance pending

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

8 transferred by this Act, but such proceedings and applica9 tions shall be continued. Orders shall be issued in such

10 proceedings, appeals shall be taken therefrom, and pay11 ments shall be made pursuant to such orders, as if this

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

13 proceeding shall continue in effect until modified, termi14 nated, superseded, or revoked by a duly authorized official,

15 by a court of competent jurisdiction, or by operation of

16 law. Nothing in this subsection shall be considered to pro17 hibit the discontinuance or modification of any such pro18 ceeding under the same terms and conditions and to the

19 same extent that such proceeding could have been discon20 tinued or modified if this Act had not been enacted.

21 (c) SUITS.—This Act shall not affect suits com22 menced before the date of the enactment of this Act, and

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

24 and judgments rendered in the same manner and with the

25 same effect as if this Act had not been enacted.
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1 (d) NONABATEMENT OF ACTIONS.—No suit, action,

2 or other proceeding commenced by or against the Depart3 ment of Commerce or the Secretary of Commerce, or by

4 or against any individual in the official capacity of such

5 individual as an officer or employee of an office trans6 ferred by this Act, shall abate by reason of the enactment

7 of this Act.

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

9 Department of Commerce or the Commerce Programs

10 Resolution Agency in the official capacity of such officer

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

12 and under this Act such function is transferred to any

13 other officer or office, then such suit shall be continued

14 with the other officer or the head of such other office, as

15 applicable, substituted or added as a party.

16 SEC. 304. TRANSFER OF ASSETS.

17 Except as otherwise provided in this Act, so much

18 of the personnel, property, records, and unexpended bal19 ances of appropriations, allocations, and other funds em20 ployed, used, held, available, or to be made available in

21 connection with a function transferred to an official or

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

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

24 as the Director of the Office of Management and Budget
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1 directs for use in connection with the functions trans2 ferred.

3 SEC. 305. DELEGATION AND ASSIGNMENT.

4 Except as otherwise expressly prohibited by law or

5 otherwise provided in this Act, an official to whom func6 tions are transferred under this Act (including the head

7 of any office to which functions are transferred under this

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

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

10 the official may designate, and may authorize successive

11 redelegations of such functions as may be necessary or ap12 propriate. No delegation of functions under this section

13 or under any other provision of this Act shall relieve the

14 official to whom a function is transferred under this Act

15 of responsibility for the administration of the function.

16 SEC. 306. AUTHORITY OF ADMINISTRATOR WITH RESPECT

17 TO FUNCTIONS TRANSFERRED.

18 (a) DETERMINATIONS.—If necessary, the Adminis19 trator shall make any determination of the functions that

20 are transferred under this Act.

21 (b) INCIDENTAL TRANSFERS.—The Administrator,

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

23 may make such determinations as may be necessary with

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

25 make such additional incidental dispositions of personnel,
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1 assets, liabilities, grants, contracts, property, records, and

2 unexpended balances of appropriations, authorizations, al3 locations, and other funds held, used, arising from, avail4 able to, or to be made available in connection with such

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

6 of this Act. The Administrator shall provide for the termi7 nation of the affairs of all entities terminated by this Act

8 and for such further measures and dispositions as may

9 be necessary to effectuate the purposes of this Act.

10 SEC. 307. PROPOSED CHANGES IN LAW.

11 Not later than 1 year after the date of enactment

12 of this Act, the Director of the Office of Management and

13 Budget shall submit to the Congress a description of any

14 changes in Federal law necessary to reflect abolishments,

15 transfers, terminations, and disposals under this Act.

16 SEC. 308. CERTAIN VESTING OF FUNCTIONS CONSIDERED

17 TRANSFERS.

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

19 in a department or office pursuant to reestablishment of

20 an office shall be considered to be the transfer of the func21 tion.

22 SEC. 309. DEFINITIONS.

23 For purposes of this Act, the following definitions

24 apply:
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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Commerce

3 Programs Resolution Agency.

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

5 Commerce Programs Resolution Agency.

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

7 any duty, obligation, power, authority, responsibility,

8 right, privilege, activity, or program.

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

10 office, administration, agency, bureau, institute,

11 council, unit, organizational entity, or component

12 thereof.

13 (5) WIND-UP PERIOD.—The term ‘‘wind-up pe14 riod’’ means the period beginning on the effective

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

16 termination date specified in section 106(d).

17 SEC. 310. LIMITATION ON ANNUAL EXPENDITURES FOR

18 CONTINUED FUNCTIONS.

19 The amount expended by the United States each fis20 cal year for performance of a function which immediately

21 before the effective date of this section was authorized to

22 be performed by an agency, officer, or employee of the De23 partment of Commerce may not exceed 75 percent of the

24 total amount expended by the United States for perform25 ance of that function during fiscal year 1994.
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Commerce Department

3 Termination and Government Reorganization Act of 1995’’.

4 SEC. 2. TABLE OF CONTENTS.

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

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—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.
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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.
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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.
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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.

1 TITLE I—GENERAL PROVISIONS

2 SEC. 101. FINDINGS.

3 The Congress finds that—

4 (1) the Federal Government’s organization struc5 ture is characterized by huge, hierarchical bureauc6 racies with wholesale duplication, overlap, and frag7 mentation in functions and spending;

8 (2) the Department of Commerce is a microcosm

9 of this obsolete, dysfunctional structure, resembling a

10 loosely knitted ‘‘holding company’’ of agencies pursu11 ing unrelated missions, with no single mission or

12 function as an exclusive province, and responsibility

13 for its functions shared with over 70 other Federal en14 tities;

15 (3) the Department of Commerce directly serves

16 only a small number of favored American firms and

17 industries and adds insufficient value to justify its

18 continued existence as it is presently structured;

19 (4) principal international economic goals of the

20 United States are to—

21 (A) maintain United States leadership in

22 international trade liberalization and expansion

23 efforts;
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1 (B) reinvigorate the ability of the United

2 States economy to compete in international mar3 kets and respond flexibly to changes in inter4 national competition; and

5 (C) expand United States participation in

6 international trade through aggressive promotion

7 and marketing of American products and serv8 ices;

9 (5) the economy of the United States is so inex10 tricably linked with the international economic sys11 tem that all domestic economic sectors are influenced

12 by the dynamics of global trade and investment;

13 (6) the expansion of United States participation

14 in international trade will advance the general wel15 fare of the people of the United States by improving

16 the competitiveness of American businesses, increasing

17 demand for American products and services, creating

18 jobs, and increasing the gross national product;

19 (7) the Federal Government can enhance the ca20 pability of United States businesses to compete in for21 eign markets by acting to—

22 (A) reduce trade barriers to sales and in23 vestments by such businesses;

24 (B) promote American goods and services in

25 foreign countries and encourage aggressive par-
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1 ticipation by the private sector in the inter2 national marketplace; and

3 (C) foster and maintain an international

4 trade system that establishes open, transparent,

5 and fair trade rules;

6 (8) the present organizational structure of the

7 Department of Commerce and other Government

8 international trade functions is too diffuse and leads

9 to inconsistent, conflicting, and duplicative policies

10 and actions, which impede United States trade inter11 ests, create trade opportunities for international com12 petitors, and weaken the overall leadership of the

13 United States in international trade matters; and

14 (9) the consolidation and streamlining of Gov15 ernment functions relating to international trade, in16 cluding functions relating to policymaking, inter17 national negotiation, technical analysis, export pro18 motion, trade finance, and trade law administration,

19 into a United States Trade Administration will pro20 vide the needed elevation and coordination of Govern21 ment activity in international trade and will advance

22 a decisive and unified trade policy that vigorously

23 promotes United States trade interests.

24 SEC. 102. PURPOSES.

25 The purposes of this Act are to—
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1 (1) eliminate the Department of Commerce and

2 restructure its functions to put an end to wholesale

3 duplication and fragmentation, and bring coherence

4 to the Federal Government’s management of its im5 portant missions;

6 (2) eliminate unnecessary layers of bureaucracy

7 affecting trade, oceanic and atmospheric, standards,

8 technology, statistics, and intellectual property protec9 tion activities of the Federal Government;

10 (3) establish streamlined organization structures

11 for the performance of statistics, intellectual property,

12 standards, technology, and natural resource functions

13 under the Department of Commerce; and

14 (4) enhance Federal Government trade-related

15 activities by establishing a single, consolidated orga16 nization structure dedicated to the formulation of a

17 decisive and unified policy that vigorously promotes

18 American trade interests.

19 SEC. 103. DEFINITIONS.

20 For purposes of this Act, unless otherwise provided or

21 indicated by the context—

22 (1) the term ‘‘Administration’’ means the United

23 States Trade Administration;

24 (2) the term ‘‘administrative and support func25 tions’’ means legal functions, investigative functions,
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1 budget preparation and analysis functions, adminis2 trative functions, public information functions, and

3 congressional relations functions carried out by a

4 Federal agency, and such other support services as

5 may be determined by the head of such agency;

6 (3) the term ‘‘Federal agency’’ has the meaning

7 given to the term ‘‘agency’’ by section 551(1) of title

8 5, United States Code;

9 (4) the term ‘‘function’’ means any duty, obliga10 tion, power, authority, responsibility, right, privilege,

11 activity, or program;

12 (5) the term ‘‘office’’ includes any office, admin13 istration, agency, institute, unit, organizational en14 tity, or component thereof; and

15 (6) the term ‘‘USTR’’ means the United States

16 Trade Representative as provided for under section

17 201.

18 TITLE II—UNITED STATES

19 TRADE ADMINISTRATION

20 Subtitle A—Establishment

21 SEC. 201. ESTABLISHMENT OF THE ADMINISTRATION.

22 (a) IN GENERAL.—There is established the United

23 States Trade Administration which shall be an independent

24 establishment in the executive branch of Government as de25 fined under section 104 of title 5, United States Code. The
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1 USTR shall be the Administrator of the United States

2 Trade Administration and shall be appointed by the Presi3 dent, by and with the advice and consent of the Senate.

4 (b) AMBASSADOR STATUS.—The USTR shall have the

5 rank and status of Ambassador and shall represent the

6 United States in all trade negotiations conducted by the

7 Administration.

8 (c) SUCCESSOR TO DEPARTMENT OF COMMERCE.—The

9 Administration shall be deemed the successor to the Depart10 ment of Commerce for purposes of protocol.

11 SEC. 202. FUNCTIONS OF THE USTR.

12 (a) IN GENERAL.—In addition to the functions trans13 ferred to the USTR by this Act, such other functions as the

14 President may assign or delegate to the USTR, and such

15 other functions as the USTR may, after the effective date

16 of this Act, be required to carry out by law, the USTR

17 shall—

18 (1) serve as the principal adviser to the Presi19 dent on international trade policy and advise the

20 President on the impact of other policies of the United

21 States Government on international trade;

22 (2) exercise primary responsibility, with the ad23 vice of the interagency organization established under

24 section 242 of the Trade Expansion Act of 1962, for

25 developing and implementing international trade pol-
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1 icy, including commodity matters and, to the extent

2 related to international trade policy, direct invest3 ment matters and, in exercising such responsibility,

4 advance and implement the goals described in section

5 102 as the primary mandate of the Administration;

6 (3) exercise lead responsibility for the conduct of,

7 and shall be the chief representative of the United

8 States for, international trade negotiations, including

9 commodity matters, intellectual property rights, serv10 ices, and direct investment negotiations in which the

11 United States participates;

12 (4) act as principal spokesman of the President

13 on international trade;

14 (5) with the advice of the interagency organiza15 tion established under section 242 of the Trade Ex16 pansion Act of 1962, issue policy guidance to other

17 Federal agencies on international trade, commodity,

18 and direct investment functions to the extent nec19 essary to assure the coordination of international

20 trade policy;

21 (6) have general operational responsibility for

22 major nonagricultural international trade functions

23 under Reorganization Plan No. 3 of 1979;
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1 (7) exercise lead responsibility for the establish2 ment of a national export strategy, including policies

3 designed to implement such strategy;

4 (8) seek and promote new opportunities for

5 United States products and services to compete in the

6 world marketplace;

7 (9) enforce and administer the laws of the

8 United States relating to trade;

9 (10) monitor compliance with international

10 trade agreements;

11 (11) report directly to the Congress—

12 (A) on the administration of, and matters

13 pertaining to, the trade agreements program

14 under the Omnibus Trade and Competitiveness

15 Act of 1988, the Trade Act of 1974, the Trade

16 Expansion Act of 1962, and section 350 of the

17 Tariff Act of 1930; and

18 (B) with respect to other important issues

19 pertaining to international trade;

20 (12) keep each official adviser to the United

21 States delegations to international conferences, meet22 ings, and negotiation sessions relating to trade agree23 ments who is appointed from the Committee on Fi24 nance of the Senate or the Committee on Ways and

25 Means of the House of Representatives under section
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1 161 of the Trade Act of 1974 currently informed on

2 United States negotiating objectives with respect to

3 trade agreements, the status of negotiations in

4 progress with respect to such agreements, and the na5 ture of any changes in domestic law or the adminis6 tration thereof which the USTR may recommend to

7 Congress to carry out any trade agreement;

8 (13) consult and cooperate with State and local

9 governments and other interested parties on inter10 national trade matters of interest to such governments

11 and parties, and to the extent related to international

12 trade matters, on investment matters, and, when ap13 propriate, hold informal public hearings; and

14 (14) serve as the principal adviser to the Presi15 dent on government policies that may affect the abil16 ity of American industry and services to compete in

17 international markets.

18 (b) INTERAGENCY ORGANIZATION.—The USTR shall

19 be the Chairman pro tempore of the interagency organiza20 tion established under section 242 of the Trade Expansion

21 Act of 1962.

22 (c) NATIONAL SECURITY COUNCIL.—The USTR shall

23 be a member of the National Security Council.

24 (d) AGRICULTURE.—(1) The USTR shall consult with

25 the Secretary of Agriculture or the designee of the Secretary
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1 of Agriculture on all matters that potentially involve inter2 national trade in agricultural products.

3 (2) If an international meeting for negotiation or con4 sultation includes discussion of international trade in agri5 cultural products, the USTR or the designee of the USTR

6 shall be Chairman of the United States delegation to such

7 meeting and the Secretary of Agriculture or the designee

8 of such Secretary shall be Vice Chairman. The provisions

9 of this paragraph shall not limit the authority of the USTR

10 under subsection (g) to assign responsibility for the conduct

11 of, or participation in, any trade negotiation or meeting

12 to the Secretary of Agriculture.

13 (e) TRADE PROMOTION.—The USTR shall be Chair14 man of the Trade Promotion Coordinating Committee es15 tablished under section 2312 of the Export Enhancement

16 Act of 1988 (15 U.S.C. 4727).

17 (f) NATIONAL ECONOMIC COUNCIL.—The USTR shall

18 be a member of the National Economic Council established

19 under Executive Order No. 12835, issued January 25, 1993.

20 (g) INTERNATIONAL TRADE NEGOTIATIONS.—Except

21 where expressly prohibited by law, the USTR, at the request

22 or with the concurrence of the head of any other Federal

23 agency, may assign the responsibility for conducting or

24 participating in any specific international trade negotia25 tion or meeting to the head of such agency whenever the
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1 USTR determines that the subject matter of such inter2 national trade negotiation is related to the functions car3 ried out by such agency.

4 Subtitle B—Officers

5 SEC. 211. DEPUTY ADMINISTRATOR OF THE UNITED STATES

6 TRADE ADMINISTRATION.

7 (a) ESTABLISHMENT.—There shall be in the Adminis8 tration the Deputy Administrator of the United States

9 Trade Administration, who shall be appointed by the Presi10 dent, by and with the advice and consent of the Senate.

11 (b) ABSENCE, DISABILITY, OR VACANCY OF USTR.—

12 The Deputy Administrator of the United States Trade Ad13 ministration shall act for and exercise the functions of the

14 USTR during the absence or disability of the USTR or in

15 the event the office of the USTR becomes vacant. The Dep16 uty Administrator of the United States Trade Administra17 tion shall act for and exercise the functions of the USTR

18 until the absence or disability of the USTR no longer exists

19 or a successor to the USTR has been appointed by the Presi20 dent and confirmed by the Senate.

21 (c) FUNCTIONS OF DEPUTY ADMINISTRATOR OF THE

22 UNITED STATES TRADE ADMINISTRATION.—The Deputy

23 Administrator of the United States Trade Administration

24 shall exercise all functions, under the direction of the

25 USTR, transferred to or established in the Administration,
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1 except those functions exercised by the Deputy United States

2 Trade Representatives, the Inspector General, and the Gen3 eral Counsel of the Administration, as provided by this Act.

4 SEC. 212. DEPUTY UNITED STATES TRADE REPRESENTA5 TIVES.

6 (a) ESTABLISHMENT.—There shall be in the Adminis7 tration 2 Deputy United States Trade Representatives, who

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

9 and consent of the Senate. The Deputy United States Trade

10 Representatives shall exercise all functions under the direc11 tion of the USTR, and shall include—

12 (1) the Deputy United States Trade Representa13 tive for Negotiations; and

14 (2) the Deputy United States Trade Representa15 tive to the World Trade Organization.

16 (b) FUNCTIONS OF DEPUTY UNITED STATES TRADE

17 REPRESENTATIVES.—(1) The Deputy United States Trade

18 Representative for Negotiations shall exercise all functions

19 transferred under section 221 and shall have the rank and

20 status of Ambassador.

21 (2) The Deputy United States Trade Representative to

22 the World Trade Organization shall exercise all functions

23 relating to representation to the World Trade Organization

24 and shall have the rank and status of Ambassador.
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1 SEC. 213. ASSISTANT ADMINISTRATORS.

2 (a) ESTABLISHMENT.—There shall be in the Adminis3 tration 3 Assistant Administrators, who shall be appointed

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

5 the Senate. The Assistant Administrators shall exercise all

6 functions under the direction of the Deputy Administrator

7 of the United States Trade Administration and include—

8 (1) the Assistant Administrator for Export Ad9 ministration;

10 (2) the Assistant Administrator for Import Ad11 ministration; and

12 (3) the Assistant Administrator for Trade and

13 Policy Analysis.

14 (b) FUNCTIONS OF ASSISTANT ADMINISTRATORS.—(1)

15 The Assistant Administrator for Export Administration

16 shall exercise all functions transferred under section

17 222(3)(C).

18 (2) The Assistant Administrator for Import Adminis19 tration shall exercise all functions transferred under section

20 222(3)(D).

21 (3) The Assistant Administrator for Trade and Policy

22 Analysis shall exercise all functions transferred under sec23 tion 222(3)(B) and all functions relating to the National

24 Trade Data Bank included in the transfer of functions of

25 the Secretary of Commerce to the USTR under section

26 222(1).
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1 SEC. 214. DIRECTOR GENERAL OF THE COMMERCIAL SERV2 ICE.

3 (a) ESTABLISHMENT.—There shall be a Director Gen4 eral of the Commercial Service, who shall be appointed by

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

6 Senate.

7 (b) FUNCTIONS.—The Director General of the Com8 mercial Service shall exercise, under the direction of the

9 USTR, all functions transferred under section 222 (3)(A)

10 and (4).

11 (c) COMMERCIAL SERVICE.—(1) The United States

12 and Foreign Commercial Service shall be known as the

13 Commercial Service of the United States Trade Administra14 tion.

15 (2) The Commercial Service and its functions are

16 transferred to the Administration. All functions performed

17 by the Secretary of Commerce or the Department of Com18 merce with respect to the Commercial Service are trans19 ferred to the Administration.

20 SEC. 215. GENERAL COUNSEL.

21 There shall be in the Administration a General Coun22 sel, who shall be appointed by the President, by and with

23 the advice and consent of the Senate. The General Counsel

24 shall provide legal assistance to the USTR concerning the

25 activities, programs, and policies of the Administration.
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1 SEC. 216. INSPECTOR GENERAL.

2 There shall be in the Administration an Inspector Gen3 eral who shall be appointed in accordance with the Inspec4 tor General Act of 1978, as amended by section 261(b) of

5 this Act.

6 SEC. 217. CHIEF FINANCIAL OFFICER.

7 There shall be in the Administration a Chief Financial

8 Officer who shall be appointed in accordance with section

9 901 of title 31, United States Code, as amended by section

10 261(e) of this Act. The Chief Financial Officer shall perform

11 all functions prescribed by the Deputy Administrator of the

12 United States Trade Administration, under the direction

13 of the Deputy Administrator.

14 Subtitle C—Transfers to the

15 Administration

16 SEC. 221. OFFICE OF THE UNITED STATES TRADE REP17 RESENTATIVE.

18 There are transferred to the USTR and the Adminis19 tration all functions of the United States Trade Representa20 tive and the Office of the United States Trade Representa21 tive in the Executive Office of the President and all func22 tions of any officer or employee of such Office.
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1 SEC. 222. TRANSFERS FROM THE DEPARTMENT OF COM2 MERCE.

3 Except for functions transferred by titles III and IV,

4 there are transferred to the USTR and the Administra5 tion—

6 (1) all functions of the Secretary of Commerce;

7 (2) all functions of the Department of Commerce;

8 and

9 (3) all functions of, and all functions performed

10 under the direction of, the following officers and em11 ployees of the Department of Commerce:

12 (A) The Under Secretary of Commerce for

13 International Trade, and the Director General of

14 the United States and Foreign Commercial Serv15 ice, relating to all functions performed by the

16 Service.

17 (B) The Assistant Secretary of Commerce

18 for International Economic Policy and the As19 sistant Secretary of Commerce for Trade Devel20 opment.

21 (C) The Under Secretary for Export Ad22 ministration of the Department of Commerce.

23 (D) The Assistant Secretary for Import Ad24 ministration of the Department of Commerce.

25 (E) The Under Secretary for National Tele26 communications and Information Administra-
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1 tion relating to telecommunications policy anal2 ysis in support of international trade policy and

3 negotiations; and

4 (4) such functions relating to the promotion of

5 tourism in the United States under the International

6 Travel Act of 1961 (22 U.S.C. 2121 through 2129)

7 (before the repeal of such Act by this Act) that are

8 designated for transfer by the Director General of the

9 Commercial Service.

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

11 (a) IN GENERAL.—(1) There are transferred to the

12 USTR all functions of the Secretary of Commerce relating

13 to the Export-Import Bank of the United States.

14 (2) The Export-Import Bank of the United States is

15 transferred to the Administration.

16 (b) EX OFFICIO MEMBER OF EXPORT-IMPORT BANK

17 BOARD OF DIRECTORS.—The Director General of the Com18 mercial Service shall serve as an ex officio nonvoting mem19 ber of the Board of Directors of the Export-Import Bank.

20 (c) AMENDMENTS TO RELATED BANKING AND TRADE

21 ACTS.—Section 2301(h) of the Omnibus Trade and Com22 petitiveness Act of 1988 (15 U.S.C. 4721(h)) is amended

23 to read as follows:

24 ‘‘(h) ASSISTANCE TO EXPORT-IMPORT BANK.—The

25 Commercial Service shall provide such services as the Direc-
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1 tor General of the Commercial Service of the United States

2 Trade Administration determines necessary to assist the

3 Export-Import Bank of the United States to carry out the

4 lending, loan guarantee, insurance, and other activities of

5 the Bank.’’.

6 SEC. 224. OVERSEAS PRIVATE INVESTMENT CORPORATION.

7 (a) IN GENERAL.—There are transferred to the USTR

8 all functions of the Director of the United States Inter9 national Development Cooperation Agency relating to the

10 Overseas Private Investment Corporation.

11 (b) EX OFFICIO MEMBER OF OVERSEAS PRIVATE IN12 VESTMENT CORPORATION BOARD OF DIRECTORS.—The Di13 rector General of the Commercial Service shall serve as an

14 ex officio nonvoting member of the Board of Directors of

15 the Overseas Private Investment Corporation.

16 SEC. 225. TRADE AND DEVELOPMENT AGENCY.

17 There are transferred to the USTR all functions of the

18 Director of the Trade and Development Agency. There are

19 transferred to the Administration all functions of the Trade

20 and Development Agency.

21 SEC. 226. MISCELLANEOUS EXPORT PROMOTION RELATED

22 FUNCTIONS.

23 (a) IN GENERAL.—There are transferred to the Admin24 istration all nonagricultural export promotion related func25 tions, including trade missions and trade assistance pro-
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1 grams, performed by each agency with representation on

2 the Trade Promotion Coordinating Committee under sec3 tion 2312 of the Export Enhancement Act of 1988 (15

4 U.S.C. 4727).

5 (b) DETERMINATION RELATING TO FUNCTIONS.—The

6 Director of the Office of Management and Budget shall

7 make any necessary determination relating to functions

8 transferred under this section in accordance with section

9 603.

10 Subtitle D—Termination Provisions

11 SEC. 231. TERMINATIONS OF ADMINISTRATIVE UNITS OF

12 THE DEPARTMENT OF COMMERCE.

13 (a) ECONOMIC DEVELOPMENT ADMINISTRATION.—(1)

14 The Economic Development Administration of the Depart15 ment of Commerce is terminated. The Public Works and

16 Economic Development Act of 1965 (42 U.S.C. 3121 et seq.)

17 is repealed.

18 (2) There are transferred to the Secretary of the Treas19 ury the loans, notes, bonds, debentures, securities, and other

20 financial obligations owned by the Department of Com21 merce under the Public Works and Economic Development

22 Act of 1965, together with all assets or other rights (includ23 ing security interests) incident thereto, and all liabilities

24 related thereto. There are assigned to the Secretary of the

25 Treasury the functions, powers, and abilities vested in or
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1 delegated to the Secretary of Commerce or the Department

2 of Commerce to manage, service, collect, sell, dispose of, or

3 otherwise realize proceeds on obligations owed to the De4 partment of Commerce under authority of such Act with

5 respect to any loans, obligations, or guarantees made or is6 sued by the Department of Commerce pursuant to such Act.

7 (3) No later than 18 months after the date of the enact8 ment of this Act, the Comptroller General shall conduct an

9 audit of all grants made or issued by the Department of

10 Commerce under the Public Works and Economic Develop11 ment Act of 1965 in fiscal year 1995 and all loans, obliga12 tions, and guarantees and shall transmit to Congress a re13 port on the results of such audit.

14 (b) UNITED STATES TRAVEL AND TOURISM ADMINIS15 TRATION.—The United States Travel and Tourism Admin16 istration of the Department of Commerce is terminated.

17 (c) NATIONAL TELECOMMUNICATIONS AND INFORMA18 TION ADMINISTRATION.—The National Telecommuni19 cations and Information Administration of the Department

20 of Commerce is terminated, except certain telecommuni21 cation, domestic policy, and standards and laboratory func22 tions are transferred as provided under sections 222(3)(E),

23 254, and 404(a)(4).
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1 (d) OFFICE OF CHIEF ECONOMIST.—The Office of

2 Chief Economist of the Department of Commerce is termi3 nated.

4 (e) MINORITY BUSINESS DEVELOPMENT AGENCY.—

5 The Minority Business Development Agency of the Depart6 ment of Commerce is terminated and the functions of the

7 agency are transferred to the Small Business Administra8 tion. This transfer does not include the transfer of any

9 funds appropriated to carry out such function.

10 (f) NATIONAL TECHNICAL INFORMATION SERVICE.—

11 (1) The National Technical Information Service of the De12 partment of Commerce is terminated.

13 (2) During the 18-month period beginning on the effec14 tive date of this section, the General Services Administra15 tion shall attempt to sell the property of the National Tech16 nical Information Service to a private entity intending to

17 perform substantially the same functions as were performed

18 by the National Technical Information Service immediately

19 before such effective date.

20 (3) If no offer to purchase property under paragraph

21 (2) is received within the 18-month period described in such

22 paragraph, the General Services Administration shall sub23 mit a report to the Congress containing recommendations

24 on the appropriate disposition of the property of the Na25 tional Technical Information Service.
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1 (g) SPECIFIC PROGRAMS TERMINATED.—(1) The Ad2 vanced Technology Program under section 28 of the Na3 tional Institute of Standards and Technology Act (15

4 U.S.C. 278n) is terminated. Any unobligated budget au5 thority provided for such program available as of October

6 1, 1995 is cancelled on such date.

7 (2) The Manufacturing Extension Programs under sec8 tions 25 and 26 of the National Institute of Standards and

9 Technology Act (15 U.S.C. 278k and 278l) is terminated.

10 Any unobligated budget authority provided for such pro11 gram available as of October 1, 1995 is cancelled on such

12 date.

13 (h) TECHNOLOGY ADMINISTRATION.—The Technology

14 Administration and the Office of Technology Policy are ter15 minated.

16 (i) ADDITIONAL TRANSFERS.—(1) The infrastructure

17 grant authorities of the Economic Development Adminis18 tration are transferred to the Rural Development Adminis19 tration of the Department of Agriculture. This transfer does

20 not include the transfer of any funds appropriated to carry

21 out such authorities.

22 (2) The defense conversion grant authorities of the Eco23 nomic Development Administration are transferred to the

24 Secretary of Defense. This transfer does not include the
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1 transfer of any funds appropriated to carry out such au2 thorities.

3 (j) OTHER ADMINISTRATIVE UNITS.—Any adminis4 tration, bureau, agency, service, office, or other administra5 tive unit of the Department of Commerce that is not trans6 ferred or otherwise continued by this Act is terminated.

7 SEC. 232. TERMINATION OF THE DEPARTMENT OF COM8 MERCE.

9 The Department of Commerce is terminated.

10 Subtitle E—Administrative

11 Provisions

12 SEC. 241. PERSONNEL PROVISIONS.

13 (a) APPOINTMENTS.—The USTR may appoint and fix

14 the compensation of such officers and employees, including

15 investigators, attorneys, and administrative law judges, as

16 may be necessary to carry out the functions of the USTR

17 and the Administration. Except as otherwise provided by

18 law, such officers and employees shall be appointed in ac19 cordance with the civil service laws and their compensation

20 fixed in accordance with title 5, United States Code.

21 (b) POSITIONS ABOVE GS–15.—(1) At the request of

22 the USTR, the Director of the Office of Personnel Manage23 ment shall, under section 5108 of title 5, United States

24 Code, provide for the establishment in a grade level above

25 GS–15 of the General Service, and in the Senior Executive
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1 Service, of a number of noncareer positions in the Adminis2 tration equal to 75 percent of the number of positions in

3 that grade level which were used primarily for the perform4 ance of functions and offices transferred by this Act and

5 which were assigned and filled on the day before the effective

6 date of this Act.

7 (2) Appointments to positions provided for under this

8 subsection may be made without regard to the provisions

9 of section 3324 of title 5, United States Code, if the individ10 ual appointed in such position is an individual who is

11 transferred in connection with the transfer of functions and

12 offices under this Act and, on the day before the effective

13 date of this Act, holds a position and has duties comparable

14 to those of the position to which appointed under this sub15 section.

16 (3) The authority under this subsection with respect

17 to any position established at a grade level above GS–15

18 shall terminate when the person first appointed to fill such

19 position ceases to hold such position.

20 (4) For purposes of section 414(a)(3)(A) of the Civil

21 Service Reform Act of 1978, an individual appointed under

22 this subsection shall be deemed to occupy the same position

23 as the individual occupied on the day before the effective

24 date of this Act.
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1 (c) EXPERTS AND CONSULTANTS.—The USTR may

2 obtain the services of experts and consultants in accordance

3 with section 3109 of title 5, United States Code, and com4 pensate such experts and consultants for each day (includ5 ing traveltime) at rates not in excess of the maximum rate

6 of pay for a position at a grade level above GS–15 of the

7 General Schedule under section 5332 of such title. The

8 USTR may pay experts and consultants who are serving

9 away from their homes or regular place of business travel

10 expenses and per diem in lieu of subsistence at rates author11 ized by sections 5702 and 5703 of such title for persons in

12 Government service employed intermittently.

13 (d) VOLUNTARY SERVICES.—(1)(A) The USTR is au14 thorized to accept voluntary and uncompensated services

15 without regard to the provisions of section 1342 of title 31,

16 United States Code, if such services will not be used to dis17 place Federal employees employed on a full-time, part-time,

18 or seasonal basis.

19 (B) The USTR is authorized to accept volunteer serv20 ice in accordance with the provisions of section 3111 of title

21 5, United States Code.

22 (2) The USTR is authorized to provide for incidental

23 expenses, including but not limited to transportation, lodg24 ing, and subsistence for individuals who provide voluntary

25 services under subparagraph (A) or (B) of paragraph (1).
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1 (3) An individual who provides voluntary services

2 under paragraph (1)(A) shall not be considered a Federal

3 employee for any purpose other than for purposes of chapter

4 81 of title 5, United States Code, relating to compensation

5 for work injuries, and chapter 171 of title 28, United States

6 Code, relating to tort claims.

7 (e) FOREIGN SERVICE POSITIONS.—In order to assure

8 United States representation in trade matters at a level

9 commensurate with the level of representation maintained

10 by industrial nations which are major trade competitors

11 of the United States, the Secretary of State shall classify

12 certain positions at Foreign Service posts as commercial

13 minister positions and shall assign members of the Foreign

14 Service performing functions of the Administration, with

15 the concurrence of the USTR, to such positions in nations

16 which are major trade competitors of the United States. The

17 Secretary of State shall obtain and use the recommenda18 tions of the USTR with respect to the number of positions

19 to be so classified under this subsection.

20 SEC. 242. DELEGATION AND ASSIGNMENT.

21 Except where otherwise expressly prohibited by law or

22 otherwise provided by this Act, the USTR may delegate any

23 of the functions transferred to the USTR by this Act and

24 any function transferred or granted to the USTR after the

25 effective date of this Act to such officers and employees of
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1 the Administration as the USTR may designate, and may

2 authorize successive redelegations of such functions as may

3 be necessary or appropriate. No delegation of functions by

4 the USTR under this section or under any other provision

5 of this Act shall relieve the USTR of responsibility for the

6 administration of such functions.

7 SEC. 243. SUCCESSION.

8 (a) ORDER OF SUCCESSION.—Subject to the authority

9 of the President, and except as provided in section 211(b),

10 the USTR shall prescribe the order by which officers of the

11 Administration who are appointed by the President, by and

12 with the advice and consent of the Senate, shall act for,

13 and perform the functions of, the USTR or any other officer

14 of the Administration appointed by the President, by and

15 with the advice and consent of the Senate, during the ab16 sence or disability of the USTR or such other officer, or

17 in the event of a vacancy in the office of the USTR or such

18 other officer.

19 (b) CONTINUATION.—Notwithstanding any other pro20 vision of law, and unless the President directs otherwise,

21 an individual acting for the USTR or another officer of

22 the Administration pursuant to subsection (a) shall con23 tinue to serve in that capacity until the absence or disabil24 ity of the USTR or such other officer no longer exists or
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1 a successor to the USTR or such other officer has been ap2 pointed by the President and confirmed by the Senate.

3 SEC. 244. REORGANIZATION.

4 (a) IN GENERAL.—Subject to subsection (b), the USTR

5 is authorized to allocate or reallocate functions among the

6 officers of the Administration, and to establish, consolidate,

7 alter, or discontinue such organizational entities in the Ad8 ministration as may be necessary or appropriate.

9 (b) EXCEPTION.—The USTR may not exercise the au10 thority under subsection (a) to establish, consolidate, alter,

11 or discontinue any organizational entity in the Adminis12 tration or allocate or reallocate any function of an officer

13 or employee of the Administration that is inconsistent with

14 any specific provision of this Act.

15 SEC. 245. RULES.

16 The USTR is authorized to prescribe, in accordance

17 with the provisions of chapters 5 and 6 of title 5, United

18 States Code, such rules and regulations as the USTR deter19 mines necessary or appropriate to administer and manage

20 the functions of the USTR or the Administration.

21 SEC. 246. CONTRACTS, GRANTS, AND COOPERATIVE AGREE22 MENTS.

23 (a) IN GENERAL.—Subject to the provisions of the Fed24 eral Property and Administrative Services Act of 1949, the

25 USTR may make, enter into, and perform such contracts,
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1 leases, cooperative agreements, grants, or other similar

2 transactions with public agencies, private organizations,

3 and persons, and make payments (in lump sum or install4 ments, and by way of advance or reimbursement, and, in

5 the case of any grant, with necessary adjustments on ac6 count of overpayments and underpayments) as the USTR

7 considers necessary or appropriate to carry out the func8 tions of the USTR or the Administration.

9 (b) EXCEPTION.—Notwithstanding any other provi10 sion of this Act, the authority to enter into contracts or

11 to make payments under this title shall be effective only

12 to such extent or in such amounts as are provided in ad13 vance in appropriation Acts. This subsection does not apply

14 with respect to the authority granted under section 248.

15 SEC. 247. USE OF FACILITIES.

16 (a) USE BY USTR.—With their consent, the USTR,

17 with or without reimbursement, may use the research, serv18 ices, equipment, and facilities of—

19 (1) an individual;

20 (2) any public or private nonprofit agency or or21 ganization, including any agency or instrumentality

22 of the United States or of any State, the District of

23 Columbia, the Commonwealth of Puerto Rico, or any

24 territory or possession of the United States;
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1 (3) any political subdivision of any State, the

2 District of Columbia, the Commonwealth of Puerto

3 Rico, or any territory or possession of the United

4 States; or

5 (4) any foreign government,

6 in carrying out any function of the USTR or the Adminis7 tration.

8 (b) USE OF USTR FACILITIES.—The USTR, under

9 terms, at rates, and for periods that the USTR considers

10 to be in the public interest, may permit the use by public

11 and private agencies, corporations, associations or other or12 ganizations, or by individuals, of any real property, or any

13 facility, structure or other improvement thereon, under the

14 custody of the USTR. The USTR may require permittees

15 under this section to maintain or recondition, at their own

16 expense, the real property, facilities, structures, and im17 provements used by such permittees.

18 SEC. 248. GIFTS AND BEQUESTS.

19 (a) IN GENERAL.—The USTR is authorized to accept,

20 hold, administer, and utilize gifts and bequests of property,

21 both real and personal, for the purpose of aiding or facili22 tating the work of the Administration. Gifts and bequests

23 of money and the proceeds from sales of other property re24 ceived as gifts or bequests shall be deposited in the United

25 States Treasury in a separate fund and shall be disbursed
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1 on order of the USTR. Property accepted pursuant to this

2 paragraph, and the proceeds thereof, shall be used as nearly

3 as possible in accordance with the terms of the gift or be4 quest.

5 (b) TAX TREATMENT.—For the purpose of Federal in6 come, estate, and gift taxes, and State taxes, property ac7 cepted under subsection (a) shall be considered a gift or be8 quest to or for use of the United States.

9 (c) INVESTMENT.—Upon the request of the USTR, the

10 Secretary of the Treasury may invest and reinvest in secu11 rities of the United States or in securities guaranteed as

12 to principal and interest by the United States any moneys

13 contained in the fund provided for in subsection (a). Income

14 accruing from such securities, and from any other property

15 held by the USTR pursuant to subsection (a), shall be de16 posited to the credit of the fund, and shall be disbursed upon

17 order of the USTR.

18 SEC. 249. WORKING CAPITAL FUND.

19 (a) ESTABLISHMENT.—The USTR is authorized to es20 tablish for the Administration a working capital fund, to

21 be available without fiscal year limitation, for expenses nec22 essary for the maintenance and operation of such common

23 administrative services as the USTR shall find to be desir24 able in the interest of economy and efficiency, including—
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1 (1) a central supply service for stationery and

2 other supplies and equipment for which adequate

3 stocks may be maintained to meet in whole or in part

4 the requirements of the Administration and its com5 ponents;

6 (2) central messenger, mail, and telephone serv7 ice and other communications services;

8 (3) office space, central services for document re9 production and for graphics and visual aids;

10 (4) a central library service; and

11 (5) such other services as may be approved by

12 the Director of the Office of Management and Budget.

13 (b) OPERATION OF FUND.—The capital of the fund

14 shall consist of any appropriations made for the purpose

15 of providing working capital and the fair and reasonable

16 value of such stocks of supplies, equipment, and other assets

17 and inventories on order as the USTR may transfer to the

18 fund, less the related liabilities and unpaid obligations. The

19 fund shall be reimbursed in advance from available funds

20 of agencies and offices in the Administration, or from other

21 sources, for supplies and services at rates which will ap22 proximate the expense of operation, including the accrual

23 of annual leave and the depreciation of equipment. The

24 fund shall also be credited with receipts from sale or ex25 change of property and receipts in payment for loss or dam-
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1 age to property owned by the fund. There shall be covered

2 into the United States Treasury as miscellaneous receipts

3 any surplus of the fund (all assets, liabilities, and prior

4 losses considered) above the amounts transferred or appro5 priated to establish and maintain the fund. There shall be

6 transferred to the fund the stocks of supplies, equipment,

7 other assets, liabilities, and unpaid obligations relating to

8 those services which the USTR determines will be per9 formed.

10 SEC. 250. SEAL OF ADMINISTRATION.

11 The USTR shall cause a seal of office to be made for

12 the Administration of such design as the USTR shall ap13 prove. Judicial notice shall be taken of such seal.

14 Subtitle F—Related Agencies

15 SEC. 251. INTERAGENCY TRADE ORGANIZATION.

16 Section 242(a)(3) of the Trade Expansion Act of 1962

17 (19 U.S.C. 1872(a)(3)) is amended to read as follows:

18 ‘‘(3)(A) The interagency organization established

19 under subsection (a) shall be composed of—

20 ‘‘(i) the United States Trade Representative,

21 who shall be Chairman,

22 ‘‘(ii) the Secretary of Agriculture,

23 ‘‘(iii) the Secretary of the Treasury,

24 ‘‘(iv) the Secretary of Labor,

25 ‘‘(v) the Secretary of State, and
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1 ‘‘(vi) the representatives of such other de2 partments and agencies as the United States

3 Trade Representative shall designate.

4 ‘‘(B) The United States Trade Representative

5 may invite representatives from other agencies, as ap6 propriate, to attend particular meetings if subject

7 matters of specific functional interest to such agencies

8 are under consideration. It shall meet at such times

9 and with respect to such matters as the President or

10 the Chairman shall direct.’’.

11 SEC. 252. NATIONAL SECURITY COUNCIL.

12 The fourth paragraph of section 101(a) of the National

13 Security Act of 1947 (50 U.S.C. 402(a)) is amended—

14 (1) by redesignating clauses (5), (6), and (7) as

15 clauses (6), (7), and (8), respectively; and

16 (2) by inserting after clause (4) the following

17 new clause:

18 ‘‘(5) the United States Trade Representative;’’.

19 SEC. 253. INTERNATIONAL MONETARY FUND.

20 Section 3 of the Bretton Woods Agreement Act is

21 amended by adding at the end thereof the following new

22 subsection:

23 ‘‘(e) The United States executive director of the Fund

24 shall consult with the United States Trade Representative
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1 with respect to matters under consideration by the Fund

2 which relate to trade.’’.

3 SEC. 254. GENERAL SERVICES ADMINISTRATION.

4 There are transferred to the General Services Adminis5 tration functions relating to the management of Federal use

6 of radio frequency spectrum in accordance with Executive

7 Order No. 12046, issued pursuant to section 305 of the

8 Communications Act of 1934 (47 U.S.C. 305), exercised by

9 the National Telecommunications Information Administra10 tion of the Department of Commerce.

11 SEC. 255. DEPARTMENT OF LABOR.

12 (a) TRANSFER OF FUNCTIONS.—All functions of the

13 Secretary of Commerce relating to the Bureau of the Census

14 and the Bureau of Economic Analysis of the Department

15 of Commerce are transferred to the Secretary of Labor.

16 (b) TRANSFER OF BUREAUS.—The Bureau of the Cen17 sus and the Bureau of Economic Analysis of the Depart18 ment of Commerce are transferred to the Department of

19 Labor.

20 (c) CONSOLIDATION WITH THE BUREAU OF LABOR

21 STATISTICS.—The Secretary of Labor shall consolidate the

22 Bureaus transferred under subsection (b) with the Bureau

23 of Labor Statistics within the Department of Labor.

24 (d) REFERENCES TO SECRETARY.—Section (1)(2) of

25 title 13, United States Code, is amended by striking out
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1 ‘‘Secretary of Commerce’’ and inserting in lieu thereof ‘‘Sec2 retary of Labor’’.

3 (e) REFERENCES TO DEPARTMENT.—Section 2 of title

4 13, United States Code, is amended by striking out ‘‘De5 partment of Commerce’’ and inserting in lieu thereof ‘‘De6 partment of Labor’’.

7 (f) GENERAL REFERENCES TO SECRETARY AND DE8 PARTMENT.—The provisions of title 13, United States Code,

9 are further amended—

10 (1) by striking out ‘‘Secretary of Commerce’’ in

11 each place such term appears and insert in lieu there12 of ‘‘Secretary of Labor’’; and

13 (2) by striking out ‘‘Department of Commerce’’

14 each place such term appears and inserting in lieu

15 thereof ‘‘Department of Labor’’.

16 Subtitle G—Conforming

17 Amendments

18 SEC. 261. AMENDMENTS TO GENERAL PROVISIONS.

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

20 title 3, United States Code, is amended by striking out

21 ‘‘Secretary of Commerce,’’ and inserting in lieu thereof ‘‘the

22 United States Trade Representative,’’.

23 (b) INSPECTOR GENERAL.—The Inspector General Act

24 of 1978 is amended—

25 (1) in subsection 9(a)(1)—
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1 (A) by striking out subparagraph (B);

2 (B) by redesignating subparagraphs (C)

3 through (L) as subparagraphs (B) through (K),

4 respectively; and

5 (C) by inserting before subparagraph (M)

6 the following:

7 ‘‘(L) of the United States Trade Representative,

8 all functions of the Inspector General of the Depart9 ment of Commerce and the Office of the Inspector

10 General of the Department of Commerce relating to

11 the functions transferred to the United States Trade

12 Representative by section 232 of the Commerce De13 partment Termination and Government Reorganiza14 tion Act of 1995;’’; and

15 (2) in section 11—

16 (A) by striking out ‘‘Commerce,’’ each place

17 it appears;

18 (B) in paragraph (1) by inserting ‘‘the

19 United States Trade Representative’’ after ‘‘the

20 Attorney General;’’; and

21 (C) in paragraph (2) by inserting ‘‘United

22 States Trade Administration’’ after ‘‘Treasury;’’.

23 (c) AMENDMENT TO THE TRADE ACT OF 1974.—(1)

24 Chapter 4 of title I of the Trade Act of 1974 is amended

25 to read as follows:
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1 ‘‘CHAPTER 4—REPRESENTATION IN TRADE

2 NEGOTIATIONS

3 ‘‘SEC. 141. FUNCTIONS OF THE UNITED STATES TRADE REP4 RESENTATIVE.

5 ‘‘The United States Trade Representative of the United

6 States Trade Administration as established under section

7 201 of the Commerce Department Termination and Govern8 ment Reorganization Act of 1995 shall perform such rep9 resentation, trade negotiation, and other functions as pro10 vided under such Act.’’.

11 (2) The table of contents in the first section of the

12 Trade Act of 1974 is amended by striking out the items

13 relating to chapter 4 and section 141 and inserting in lieu

14 thereof the following:

‘‘CHAPTER 4—REPRESENTATION IN TRADE NEGOTIATIONS

‘‘Sec. 141. Functions of the United States Trade Representative.’’.

15 (d) FOREIGN SERVICE PERSONNEL.—The Foreign

16 Service Act of 1980 is amended by striking out paragraph

17 (3) of section 202(a) (22 U.S.C. 3922(a)) and inserting in

18 lieu thereof the following:

19 ‘‘(3) The United States Trade Representative of

20 the United States Trade Administration may utilize

21 the Foreign Service personnel system in accordance

22 with this Act—

23 ‘‘(A) with respect to the personnel perform24 ing functions—
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1 ‘‘(i) which were transferred to the De2 partment of Commerce from the Depart3 ment of State by Reorganization Plan No.

4 3 of 1979; and

5 ‘‘(ii) which were subsequently trans6 ferred to the United States Trade Represent7 ative by section 232 of the Commerce De8 partment Termination and Government Re9 organization Act of 1995; and

10 ‘‘(B) with respect to other personnel of the

11 United States Trade Administration to the ex12 tent the President determines to be necessary in

13 order to enable the United States Trade Admin14 istration to carry out functions which require

15 service abroad.’’.

16 (e) CHIEF FINANCIAL OFFICERS.—Section 901(b)(1)

17 of title 31, United States Code, is amended by adding at

18 the end thereof the following:

19 ‘‘(Q) The United States Trade Administra20 tion.’’.

21 SEC. 262. REPEALS.

22 (a) ESTABLISHMENT OF DEPARTMENT OF COM23 MERCE.—(1) The first section of the Act entitled ‘‘An Act

24 to establish the Department of Commerce and Labor’’, ap25 proved February 14, 1903 (15 U.S.C. 1501), is repealed.
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1 (2) The first section of the Act entitled ‘‘An Act to cre2 ate a Department of Labor’’, approved March 4, 1913 (15

3 U.S.C. 1501), is amended by striking out beginning with

4 ‘‘and the Department of Commerce and Labor’’ through

5 ‘‘accordingly’’.

6 (b) UNDER SECRETARY OF COMMERCE.—Sections 1

7 and 2 of the Act of June 5, 1939 (15 U.S.C. 1502 and 1503;

8 53 Stat. 808) relating to the Under Secretary of Commerce

9 is repealed.

10 (c) UNDER SECRETARY OF COMMERCE FOR ECONOMIC

11 AFFAIRS.—Subsection (a) of the first section of the Act enti12 tled ‘‘An Act to authorize an Under Secretary of Commerce

13 for Economic Affairs’’, approved June 16, 1982 (96 Stat.

14 115; 15 U.S.C. 1503a), is repealed.

15 (d) ASSISTANT SECRETARY OF COMMERCE.—The Act

16 entitled ‘‘An Act to provide for the appointment of one addi17 tional Assistant Secretary of Commerce, and for other pur18 poses’’, approved July 15, 1947 (15 U.S.C. 1505), is re19 pealed.

20 (e) ADDITIONAL ASSISTANT SECRETARIES OF COM21 MERCE.—(1) The first sentence of section 304 of the Depart22 ment of Commerce Appropriation Act, 1955 (15 U.S.C.

23 1506), is repealed.
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1 (2) The Act entitled ‘‘An Act to authorize an addi2 tional Assistant Secretary of Commerce’’, approved Feb3 ruary 16, 1962 (15 U.S.C. 1507), is repealed.

4 (3) Subsection (a) of section 9 of the Maritime Appro5 priation Authorization Act for Fiscal Year 1978 (15 U.S.C.

6 1507b), is repealed.

7 (4) Section 407(b) of Public Law 99–659 (15 U.S.C.

8 1507c; 100 Stat. 3739) is repealed.

9 (f) GENERAL COUNSEL OF DEPARTMENT OF COM10 MERCE.—(1) The first section of the Act of March 18, 1904

11 (33 Stat. 135, chapter 716; 15 U.S.C. 1508), is amended

12 by striking out the paragraph relating to the Office of the

13 Solicitor of the Department of Commerce and Labor.

14 (2) Section 2 of the Act of July 17, 1952 (66 Stat.

15 758, chapter 932; 15 U.S.C. 1508), is repealed.

16 (g) DESIGNATION OF ASSISTANT SECRETARIES FOR

17 ROUTINE DUTIES.—Chapter 129 of title III of the Act of

18 May 21, 1945 (15 U.S.C. 1509; 59 Stat. 188) is repealed.

19 (h) BUREAUS IN DEPARTMENT OF COMMERCE.—(1)

20 Sections 4 and 12 of the Act entitled ‘‘An Act to Establish

21 the Department of Commerce and Labor’’, approved Feb22 ruary 14, 1903 (15 U.S.C. 1511 and 1516), are repealed.

23 (2) The first section of the Act of August 23, 1912 (37

24 Stat. 407, chapter 350; 15 U.S.C. 1511), is amended by
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1 striking out the paragraph relating to the Bureau of For2 eign and Domestic Commerce.

3 (3) The first section of the Act of January 5, 1923 (42

4 Stat. 1109, chapter 23; 15 U.S.C. 1511), is repealed.

5 (4) The first section of the Act of May 27, 1936 (49

6 Stat. 1380, chapter 463; 15 U.S.C. 1511), is repealed.

7 (i) ANNUAL REPORTS.—Section 8 of the Act entitled

8 ‘‘An Act to establish the Department of Commerce and

9 Labor’’, approved February 14, 1903 (15 U.S.C. 1519), is

10 repealed.

11 (j) WORKING CAPITAL FUND.—Title III of the Act en12 titled ‘‘An Act making appropriations for the Departments

13 of State, Justice, and Commerce for the fiscal year ending

14 June 30, 1945, and for other purposes’’, approved June 28,

15 1944 (15 U.S.C. 1521), is amended by striking out the

16 paragraph relating to the working capital fund of the De17 partment of Commerce.

18 (k) GIFTS, TAX STATUS, AND INVESTMENT.—Sections

19 1, 2, and 3 of Public Law 88–611 (15 U.S.C. 1522, 1523,

20 and 1524) are repealed.

21 (l) INTERNATIONAL TRAVEL AND TOURISM.—The

22 International Travel Act of 1961 (22 U.S.C. 2121 through

23 2129) is repealed.
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1 SEC. 263. CONFORMING AMENDMENTS RELATING TO EXEC2 UTIVE SCHEDULE POSITIONS.

3 (a) POSITIONS AT LEVEL I.—Section 5312 of title 5,

4 United States Code, is amended—

5 (1) by striking out the item relating to the Sec6 retary of Commerce; and

7 (2) by amending the item relating to the United

8 States Trade Representative to read as follows: ‘‘The

9 United States Trade Representative of the United

10 States Trade Administration.’’.

11 (b) POSITIONS AT LEVEL II.—(1) The position of Dep12 uty Secretary of the Department of Commerce established

13 under section 2(b) of Reorganization Plan No. 3 of 1979

14 at level II of the Executive Schedule (by reference to section

15 5313 of title 5, United States Code) is terminated.

16 (2) Section 5313 of title 5, United States Code, is

17 amended by adding at the end thereof the following:

18 ‘‘Deputy Administrator of the United States

19 Trade Administration.

20 ‘‘Deputy United States Trade Representatives,

21 United States Trade Administration (2).’’.

22 (c) POSITIONS AT LEVEL III.—Section 5314 of title

23 5, United States Code, is amended—

24 (1) by striking out the item relating to the

25 Under Secretary of Commerce, Under Secretary of

26 Commerce for Economic Affairs, Under Secretary of
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1 Commerce for Export Administration, and Under

2 Secretary of Commerce for Travel and Tourism;

3 (2) by striking out the item relating to the

4 Under Secretary of Commerce for Oceans and Atmos5 phere, the incumbent of which also serves as the Ad6 ministrator of the National Oceanic and Atmospheric

7 Administration;

8 (3) by striking out the item relating to the

9 Under Secretary of Commerce for Technology; and

10 (4) by adding at the end thereof the following:

11 ‘‘Assistant Administrators, United States Trade

12 Administration (4).

13 ‘‘Administrator of the National Oceanic and At14 mospheric Administration.

15 ‘‘Director of the Office of Patents, Trademarks,

16 and Standards.

17 ‘‘Director General of the Commercial Service,

18 United States Trade Administration.’’.

19 (d) POSITIONS AT LEVEL IV.—Section 5315 of title 5,

20 United States Code, is amended—

21 (1) by striking out the item relating to Assistant

22 Secretaries of Commerce (11);

23 (2) by striking out the item relating to the Gen24 eral Counsel of the Department of Commerce;
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1 (3) by striking out the item relating to the As2 sistant Secretary of Commerce for Oceans and Atmos3 phere, the incumbent of which also serves as Deputy

4 Administrator of the National Oceanic and Atmos5 pheric Administration;

6 (4) by striking out the item relating to the Direc7 tor, National Institute of Standards and Technology,

8 Department of Commerce;

9 (5) by striking out the item relating to the As10 sistant Secretary of Commerce and Director General

11 of the United States and Foreign Commercial Service;

12 (6) by striking out the item relating to the In13 spector General, Department of Commerce;

14 (7) by striking out the item relating to the Direc15 tor, Bureau of the Census, Department of Commerce;

16 (8) by striking out the item relating to the Chief

17 Financial Officer, Department of Commerce; and

18 (9) by adding at the end thereof the following:

19 ‘‘General Counsel, United States Trade Adminis20 tration.

21 ‘‘Inspector General, United States Trade Admin22 istration.

23 ‘‘Chief Financial Officer, United States Trade

24 Administration.
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1 ‘‘Deputy Administrator, National Oceanic and

2 Atmospheric Administration.

3 ‘‘Director of the Bureau of the Census, Depart4 ment of the Treasury.

5 ‘‘Commissioner of Patents and Trademarks, Of6 fice of Patents, Trademarks, and Standards.

7 ‘‘Director of the National Institute of Standards

8 and Technology, Office of Patents, Trademarks, and

9 Standards.’’.

10 (e) POSITIONS AT LEVEL V.—Section 5316 of title 5,

11 United States Code, is amended—

12 (1) by striking out the item relating to the Com13 missioner of Patents, Department of Commerce;

14 (2) by striking out the item relating to the Direc15 tor, United States Travel Service, Department of

16 Commerce;

17 (3) by striking out the item relating to the Na18 tional Export Expansion Coordinator, Department of

19 Commerce; and

20 (4) by adding at the end thereof the following:

21 ‘‘General Counsel, Office of Patents, Trademarks,

22 and Standards.

23 ‘‘Inspector General, Office of Patents, Trade24 marks, and Standards.
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1 ‘‘Chief Financial Officer, Office of Patents,

2 Trademarks, and Standards.’’.

3 TITLE III—ESTABLISHMENT OF

4 NATIONAL OCEANIC AND AT5 MOSPHERIC ADMINISTRA6 TION AS AN INDEPENDENT

7 AGENCY

8 Subtitle A—Establishment of

9 Administration

10 SEC. 301. SHORT TITLE.

11 This title may be cited as the ‘‘National Oceanic and

12 Atmospheric Administration Act of 1995’’.

13 SEC. 302. FINDINGS AND PURPOSES.

14 (a) FINDINGS.—The Congress finds that the establish15 ment of an independent agency for ocean, coastal, and at16 mospheric programs will—

17 (1) provide a focus for ocean, coastal, and atmos18 pheric activities;

19 (2) facilitate the development of a single agency

20 and a unified means for research concerning ocean,

21 coastal, and atmospheric programs; and

22 (3) aid in the establishment of a coherent pro23 gram to promote understanding, assessment, develop24 ment, management, conservation, and protection of

25 ocean, coastal, and atmospheric environments.
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1 (b) PURPOSES.—The purposes of this title are to estab2 lish the National Oceanic and Atmospheric Administration

3 as an independent agency and to streamline and improve

4 the efficiency of the operations of the Administration.

5 SEC. 303. DEFINITIONS.

6 For the purposes of this title—

7 (1) the term ‘‘Administration’’ means the Na8 tional Oceanic and Atmospheric Administration es9 tablished under section 304; and

10 (2) the term ‘‘Administrator’’ means the Admin11 istrator of the National Oceanic and Atmospheric Ad12 ministration.

13 SEC. 304. ESTABLISHMENT.

14 There is established the National Oceanic and Atmos15 pheric Administration which shall be an independent estab16 lishment in the executive branch of Government as defined

17 under section 104 of title 5, United States Code. The Ad18 ministration shall succeed the National Oceanic and Atmos19 pheric Administration of the Department of Commerce in

20 existence on the day before the effective date of this Act.

21 SEC. 305. OFFICERS.

22 (a) ADMINISTRATOR.—The Administration shall be

23 administered by an Administrator, who shall be appointed

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

25 the Senate. The Administrator shall carry out all functions
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1 transferred to the Administrator by this Act and shall have

2 authority and control over all personnel, programs, and ac3 tivities of the Administration.

4 (b) DEPUTY ADMINISTRATOR.—There shall be in the

5 Administration a Deputy Administrator, who shall be ap6 pointed by the President, by and with the advice and con7 sent of the Senate. The Deputy Administrator shall perform

8 such functions as the Administrator shall prescribe. The

9 Deputy Administrator shall act for and perform the func10 tions of the Administrator during the absence or disability

11 of the Administrator, or in the event of a vacancy in the

12 office of the Administrator.

13 (c) ASSISTANT ADMINISTRATORS.—There shall be in

14 the Administration not less than 3 and not more than 5

15 Assistant Administrators, who shall be appointed by the

16 Administrator. The Assistant Administrators shall perform

17 such functions as the Administrator shall prescribe.

18 (d) GENERAL COUNSEL.—There shall be in the Admin19 istration a General Counsel, who shall be appointed by the

20 Administrator. The General Counsel shall be the chief legal

21 officer for all legal matters arising from the conduct of the

22 functions of the Administration.

23 (e) CHIEF SCIENTIST.—The Chief Scientist of the Ad24 ministration shall be appointed in accordance with section

25 2(d) of Reorganization Plan No. 4 of 1970.
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1 (f) DIRECTOR OF NATIONAL SEA GRANT COLLEGE

2 PROGRAM.—(1) There shall be in the Administration a Di3 rector of the national sea grant college program, who shall

4 be appointed by the Administrator and who shall be a

5 qualified individual who has knowledge or expertise in

6 fields relating to ocean and coastal resources and appro7 priate administrative experience. The Director of the na8 tional sea grant college program shall be appointed without

9 regard to the provisions of title 5, United States Code, gov10 erning appointments in the competitive service, and shall

11 be compensated at a rate not in excess of the maximum

12 rate for a position above GS–15 of the General Schedule.

13 (2) The Director of the national sea grant college pro14 gram shall administer the national sea grant college pro15 gram subject to the supervision of the Administrator and

16 in accordance with functions prescribed by law or by the

17 Administrator.

18 (g) INSPECTOR GENERAL.—(1) There shall be in the

19 Administration an Inspector General who shall be ap20 pointed in accordance with the Inspector General Act of

21 1978, as amended by this subsection.

22 (2) Section 11 of the Inspector General Act of 1978

23 (as amended by this Act) is further amended—
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1 (A) in paragraph (1) by inserting ‘‘, or the Ad2 ministrator of the National Oceanic and Atmospheric

3 Administration’’ before ‘‘; as the case’’; and

4 (B) in paragraph (2) by inserting ‘‘, or the Na5 tional Oceanic and Atmospheric Administration,’’ be6 fore ‘‘; as the case’’.

7 (h) CHIEF FINANCIAL OFFICER.—(1) There shall be in

8 the Administration a Chief Financial Officer who shall be

9 appointed in accordance with section 901 of title 31, United

10 States Code, as amended by paragraph (2).

11 (2) Section 901(b)(2) of title 31, United States Code,

12 is amended by adding at the end thereof the following:

13 ‘‘(H) The National Oceanic and Atmos14 pheric Administration.’’.

15 (i) COMMISSIONED OFFICER CORPS.—(1) There shall

16 be in the Administration a Commissioned Officer Corps,

17 which shall be the Commissioned Officer Corps of the Na18 tional Oceanic and Atmospheric Administration established

19 by Reorganization Plan No. 4 of 1970. Members of the

20 Corps, including those appointed after the effective date of

21 this Act, shall be entitled to all rights, privileges, and bene22 fits available under any law to commissioned officers of the

23 Commissioned Officer Corps of the National Oceanic and

24 Atmospheric Administration of the Department of Com25 merce on the day before the effective date of this Act.
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1 (2) All laws and regulations applicable to commis2 sioned officers of the National Oceanic and Atmospheric Ad3 ministration of the Department of Commerce on the day

4 before the effective date of this Act shall be applicable to

5 commissioned officers of the Administration.

6 SEC. 306. TRANSFER OF THE NATIONAL OCEANIC AND AT7 MOSPHERIC ADMINISTRATION FROM THE DE8 PARTMENT OF COMMERCE.

9 (a) TRANSFER.—The National Oceanic and Atmos10 pheric Administration of the Department of Commerce is

11 transferred to the Administration.

12 (b) COMMERCE FUNCTIONS.—All functions of the Sec13 retary of Commerce or the Department of Commerce with

14 respect to or being administered through the National Oce15 anic and Atmospheric Administration of the Department

16 of Commerce or the Administrator of such Administration

17 on the day before the effective date of this Act are trans18 ferred to the Administrator appointed under section 305(a).

19 (c) NOAA FUNCTIONS.—All functions of the National

20 Oceanic and Atmospheric Administration of the Depart21 ment of Commerce or the Administrator of such Adminis22 tration are transferred to the Administrator appointed

23 under section 305(a).
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1 Subtitle B—Streamlining

2 Provisions

3 SEC. 311. PERSONNEL REDUCTIONS.

4 (a) FULL-TIME EQUIVALENT POSITIONS.—

5 (1) REDUCTIONS.—No later than September 30,

6 1999, the Administrator shall take such action as nec7 essary to reduce the number of full-time equivalent

8 positions of the National Oceanic and Atmospheric

9 Administration to ensure that the total number of

10 such positions in the Administration shall be no more

11 than the number described under paragraph (2).

12 (2) NUMBER OF POSITIONS.—The number re13 ferred to under paragraph (1) is 2,318 less than the

14 number of full-time equivalent positions in the Na15 tional Oceanic and Atmospheric Administration on

16 September 30, 1993.

17 (b) AUTHORIZED NUMBER OF COMMISSIONED OFFI18 CERS.—

19 (1) IN GENERAL.—The National Oceanic and At20 mospheric Administration is authorized an end-of21 year personnel strength for commissioned officers on

22 the active list of—

23 (A) 383 as of September 30, 1996;

24 (B) 345 as of September 30, 1997;

25 (C) 311 as of September 30, 1998; and
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1 (D) 285 as of September 30, 1999.

2 (2) CONFORMING AMENDMENTS.—

3 (A) The first sentence under the subheading

4 ‘‘OPERATIONS, RESEARCH, AND FACILITIES’’

5 under the heading ‘‘NATIONAL OCEANIC AND

6 ATMOSPHERIC ADMINISTRATION’’ under

7 title II of the Departments of Commerce, Justice,

8 and State, the Judiciary, and Related Agencies

9 Appropriations Act, 1995 (Public Law 103–317;

10 108 Stat. 1741) is amended by striking out ‘‘not

11 to exceed 439 commissioned officers on the active

12 list;’’ and inserting in lieu thereof: ‘‘not to exceed

13 the number of commissioned officers on the active

14 list provided for by section 303 of the Commerce

15 Department Termination and Government Reor16 ganization Act of 1995;’’.

17 (B) Section 8(b) of the Coast and Geodetic

18 Survey Commissioned Officers’ Act of 1948 (33

19 U.S.C. 853g(b)) is amended by striking ‘‘four

20 percent’’ and inserting in lieu thereof ‘‘ten per21 cent’’.

22 (3) VOLUNTARY SEPARATIONS AND RETIRE23 MENTS.—(A) To ease the transition into the civilian

24 work force of members of the National Oceanic and

25 Atmospheric Administration Commissioned Officer
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1 Corps (hereinafter referred to as the ‘‘Corps’’), and to

2 facilitate the reduction of active duty officers—

3 (i) section 1174a of title 10, United States

4 Code, shall apply to the members of the Corps in

5 the same manner and to the same extent as that

6 provision applies to members of the Armed

7 Forces; and

8 (ii) section 4403, other than subsection (f),

9 of the Defense Authorization Act for fiscal year

10 1993 (10 U.S.C. 1293 note) shall apply to mem11 bers of the Corps in the same manner and to the

12 same extent as that provision applies to members

13 of the Armed Forces, subject to the availability

14 of appropriations, and at the discretion of the

15 Administrator.

16 (B) The Administrator shall implement subpara17 graph (A) (i) and (ii) with respect to members of the

18 Corps together with other applicable provisions of law

19 relating to separation or retirement of Corps person20 nel.

21 SEC. 312. TRANSFER OF AERONAUTICAL CHARTING.

22 The following functions are transferred from the Na23 tional Oceanic and Atmospheric Administration to the Fed24 eral Aviation Administration:
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1 (1) The functions vested in the Secretary of Com2 merce by sections 1 and 2 of the Act of August 6,

3 1947 (33 U.S.C. 883a and 883b) relating to aero4 nautical surveys for the purpose of aeronautical

5 charting, and the compilation, printing, and distribu6 tion of aeronautical charts.

7 (2) The functions vested in the Secretary of Com8 merce by section 1307 of title 44, United States Code,

9 relating to establishment of prices at which aeronauti10 cal charts and related products may be sold.

11 (3) Any part of the functions of the Secretary of

12 Commerce and the Department of Commerce as are

13 incidental to or necessary for the performance by, or

14 under, the Administrator of the Federal Aviation Ad15 ministration of the functions transferred by this sec16 tion or that relate primarily to those functions.

17 (b) EFFECTIVE DATE.—The transfers made by this sec18 tion shall be effective on October 1, 1995.

19 SEC. 313. REGULATORY STREAMLINING.

20 The Administrator is directed to review all regulations

21 that were issued by the Administrator before January 1,

22 1995—

23 (1) to determine whether those regulations con24 tinue to be necessary to discharge the functions as-
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1 signed to, or delegated to, the National Oceanic and

2 Atmospheric Administration;

3 (2) to identify and eliminate redundant and ob4 solete regulations; and

5 (3) to achieve a 45 percent reduction in the Na6 tional Oceanic and Atmospheric Administration’s vol7 ume of regulations by December 31, 1997, to the ex8 tent that such reduction is not inconsistent with its

9 statutory obligations.

10 SEC. 314. REDUCTION IN NOAA FLEET.

11 No later than March 1, 1996, the Secretary of Com12 merce shall submit to the Committee on Commerce, Science,

13 and Transportation of the Senate and the Committee on

14 Resources of the House of Representatives a revised fleet

15 modernization plan reflecting the budget constraints facing

16 the National Oceanic and Atmospheric Administration as

17 a whole. The plan shall provide for—

18 (1) reducing the current fleet size by at least 50

19 percent over the 10-year period following the date of

20 the enactment of this Act, including a decommission21 ing of 6 existing vessels by the end of fiscal year 1998;

22 (2) reducing the cost of. construction contained

23 in the original plan submitted in 1993 by 50 percent;

24 (3) chartering and contracting out, where fea25 sible and economically advantageous, with vessels of
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1 the United States, including fishing vessels, for activi2 ties now conducted by the Administration; and

3 (4) selling vessels that are decommissioned where

4 feasible.

5 SEC. 315. REDUCTION OF REPORTING REQUIREMENTS.

6 The Administrator is directed to review all relevant

7 statutory reporting requirements to determine whether such

8 reporting requirements continue to be necessary to inform

9 the Congress of problems or progress in discharging the

10 functions assigned to, or delegated to, the National Oceanic

11 and Atmospheric Administration. No later than March 31,

12 1996, the Administrator shall recommend legislation to

13 eliminate no less than 50 percent of the statutory reporting

14 requirements in effect on January 1, 1995.

15 SEC. 316. LABORATORY CONSOLIDATION STUDY.

16 No later than March 1, 1996, the Administrator shall

17 develop a laboratory consolidation plan for the current lab18 oratories, including a proposed implementation schedule for

19 consolidation, and transmit a copy of the plan to the appro20 priate committees of the Congress on or before that date.

21 The plan shall consider—

22 (1) the age and physical condition of the facility,

23 and the costs associated with keeping the facility

24 functioning;
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1 (2) the relationship of research performed at the

2 facility to core National Oceanic and Atmospheric

3 Administration missions and legislative mandates;

4 and

5 (3) the geographic proximity of other Federal,

6 State, or private sector facilities that carry out simi7 lar research functions.

8 Subtitle C—Administrative

9 Provisions

10 SEC. 321. RULES.

11 In the performance of the functions of the Adminis12 trator and the Administration, the Administrator is au13 thorized to make, promulgate, issue, rescind, and amend

14 rules and regulations. The promulgation of such rules and

15 regulations—

16 (1) shall be governed by the provisions of chapter

17 5 of title 5, United States Code; and

18 (2) shall be after notice and opportunity for full

19 participation by relevant Federal agencies, State

20 agencies, local governments, regional organizations,

21 authorities, councils, and other interested public and

22 private parties.

23 SEC. 322. DELEGATION.

24 Except as otherwise provided in this Act, the Adminis25 trator may delegate any function to such officers and em-
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1 ployees of the Administration as the Administrator may

2 designate, and may authorize such successive redelegations

3 of such functions in the Administration as may be nec4 essary or appropriate. No delegation of functions by the Ad5 ministrator under this section or under any other provision

6 of this Act shall relieve the Administrator of responsibility

7 for the administration of such functions.

8 SEC. 323. PERSONNEL AND SERVICES.

9 (a) APPOINTMENTS.—In the performance of the func10 tions of the Administrator and in addition to the officers

11 provided for by section 305, the Administrator is authorized

12 to appoint, transfer, and fix the compensation of such offi13 cers and employees, including attorneys, as may be nec14 essary to carry out the functions of the Administrator and

15 the Administration. Except as otherwise provided by law,

16 such officers and employees shall be appointed in accord17 ance with the civil service laws and compensated in accord18 ance with title 5, United States Code.

19 (b) EXPERTS AND CONSULTANTS.—The Administrator

20 is authorized to obtain the services of experts and consult21 ants in accordance with section 3109 of title 5, United

22 States Code.

23 (c) TRANSPORTATION EXPENSES.—The Administrator

24 is authorized to pay transportation expenses, and per diem
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1 in lieu of subsistence expenses, in accordance with chapter

2 57 of title 5, United States Code.

3 (d) DETAIL OF EMPLOYEES AND OFFICERS.—The Ad4 ministrator is authorized to utilize, on a reimbursable

5 basis, the services of personnel of any Federal agency.

6 (e) VOLUNTARY SERVICES.—(1)(A) The Administrator

7 is authorized to accept voluntary and uncompensated serv8 ices without regard to the provisions of section 1342 of title

9 31, United States Code, if such services will not be used

10 to displace Federal employees employed on a full-time, part11 time, or seasonal basis.

12 (B) The Administrator is authorized to accept volun13 teer service in accordance with the provisions of section

14 3111 of title 5, United States Code.

15 (2) The Administrator is authorized to provide for in16 cidental expenses, including but not limited to transpor17 tation, lodging, and subsistence for such volunteers.

18 (3) An individual who provides voluntary services

19 under paragraph (1)(A) of this subsection shall not be con20 sidered a Federal employee for any purpose other than for

21 purposes of chapter 81 of title 5, United States Code, relat22 ing to compensation for work injuries, and chapter 171 of

23 title 28, United States Code, relating to tort claims.
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1 SEC. 324. CONTRACTS.

2 The Administrator is authorized, without regard to the

3 provisions of section 3324 of title 31, United States Code,

4 to enter into and perform such contracts, leases, cooperative

5 agreements, or other transactions as may be necessary to

6 carry out the functions of the Administrator and the Ad7 ministration. The Administrator may enter into such con8 tracts, leases, agreements, and transactions with any Fed9 eral agency or any instrumentality of the United States,

10 or with any State, territory, or possession, or with any po11 litical subdivision thereof, or with any person, firm, asso12 ciation, corporation, or educational institution, on such

13 terms and conditions as the Administrator may consider

14 appropriate. The authority of the Administrator to enter

15 into contracts and leases under this section shall be to such

16 extent or in such amounts as are provided in appropriation

17 Acts.

18 SEC. 325. USE OF FACILITIES.

19 With their consent, the Administrator may, with or

20 without reimbursement, use the services, equipment, person21 nel, and facilities of Federal agencies and other public and

22 private agencies, and may cooperate with other public and

23 private agencies and instrumentalities in the use of services,

24 equipment, personnel, and facilities. The head of each Fed25 eral agency shall cooperate fully with the Administrator in

26 making the services, equipment, personnel, and facilities of
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1 the Federal agency available to the Administrator. The head

2 of a Federal agency is authorized, notwithstanding any

3 other provision of law, to transfer to or to receive from the

4 Administration, without reimbursement, supplies and

5 equipment other than administrative supplies or equip6 ment.

7 SEC. 326. SERVICE CHARGES.

8 (a) IN GENERAL.—The Administrator may establish

9 reasonable fees and commissions with respect to applica10 tions, documents, awards, loans, grants, research data, serv11 ices, and assistance and may change and abolish such fees

12 and commissions. Prior to establishing, changing, or abol13 ishing any schedule of fees or commissions under this sec14 tion, the Administrator may submit such schedule to the

15 Congress.

16 (b) REQUIREMENT OF DEPOSIT.—The Administrator

17 is authorized to require a deposit before the Administrator

18 provides any item, information, service, or assistance for

19 which a fee or commission is required under this section.

20 (c) DEPOSIT.—Moneys received under this section

21 shall be deposited with the Treasury in a special account

22 for use by the Administrator and are authorized to be ap23 propriated and made available until expended.
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1 (d) CONSIDERATION IN ESTABLISHMENT OF FEES.—

2 In establishing reasonable fees or commissions under this

3 section, the Administrator may take into consideration—

4 (1) the actual costs which will be incurred in

5 providing items, information, services, or assistance;

6 (2) the efficiency of the Government in providing

7 such items, information, services, or assistance;

8 (3) the portion of the cost that will be incurred

9 in providing such items, information, services, or as10 sistance which may be attributed to benefits for the

11 general public interest rather than to exclusive bene12 fits for the applicant;

13 (4) any public service which occurs through the

14 provision of such items, information, services, or as15 sistance; and

16 (5) such other factors as the Administrator con17 siders relevant.

18 (e) REFUND.—In any case in which the Administrator

19 determines that any person has made a payment which is

20 not required under this section or has made a payment

21 which is in excess of the amount required under this section,

22 the Administrator, upon application or otherwise, may

23 cause a refund to be made from applicable funds.

24 SEC. 327. ACQUISITION AND MAINTENANCE OF PROPERTY.

25 (a) IN GENERAL.—The Administrator is authorized—
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1 (1) to acquire (by purchase, lease, condemnation,

2 or otherwise), construct, improve, repair, operate, and

3 maintain—

4 (A) laboratories;

5 (B) research and testing sites and facilities;

6 (C) quarters and related accommodations

7 for employees and dependents of employees of the

8 Administration; and

9 (D) such other real and personal property

10 (including patents) or any interest therein with11 in and outside the continental United States,

12 as the Administrator considers necessary;

13 (2) to lease to others such real and personal

14 property; and

15 (3) to provide by contract or otherwise for eating

16 facilities and other necessary facilities for the welfare

17 of employees of the Administration at its installations

18 and to purchase and maintain equipment therefore.

19 (b) TITLE TO PROPERTY.—Title to any property or

20 interest therein acquired pursuant to this section shall be

21 in the United States.

22 (c) LIMITATION OF AUTHORITY.—The authority grant23 ed by subsection (a) of this section shall be available only

24 with respect to facilities that cannot readily be reassigned

25 from similar Federal activities and are not otherwise avail-
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1 able for assignment to the Administration by the Adminis2 trator of General Services.

3 (d) AVAILABILITY OF FUNDS.—The authority of the

4 Administrator to enter into contracts and leases under this

5 section shall be to such extent or in such amounts as are

6 provided in appropriation Acts.

7 SEC. 328. FACILITIES AT REMOTE LOCATIONS.

8 (a) IN GENERAL.—The Administrator is authorized to

9 provide, construct, or maintain for employees and their de10 pendents stationed at remote locations as necessary and

11 when not otherwise available at such remote locations—

12 (1) emergency medical services and supplies;

13 (2) food and other subsistence supplies;

14 (3) meeting facilities;

15 (4) audiovisual equipment, accessories, and sup16 plies for recreation and training;

17 (5) reimbursement for food, clothing, medicine,

18 and other supplies furnished by such employees in

19 emergencies for the temporary relief of distressed per20 sons;

21 (6) living and working quarters and facilities;

22 and

23 (7) transportation for school-age dependents of

24 employees to the nearest appropriate educational fa25 cilities.
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1 (b) MEDICAL TREATMENT AND SERVICES.—The fur2 nishing of medical treatment under paragraph (1) of sub3 section (a) and the furnishing of services and supplies

4 under paragraphs (2) and (3) of such subsection shall be

5 at prices reflecting reasonable value as determined by the

6 Administrator.

7 (c) DEPOSIT OF FUNDS.—Proceeds derived from reim8 bursements under this section shall be deposited in the

9 Treasury and may be withdrawn by the Administrator to

10 pay directly the cost of work or services provided under this

11 section, to repay or make advances to appropriations of

12 funds which do or will bear all or a part of such cost, or

13 to refund excess sums when necessary, except that such pay14 ments may be credited to a service or working capital fund

15 otherwise established by law, and used under the law gov16 erning such funds if the fund is available for use by the

17 Administrator for performing the work or services for which

18 payment is received.

19 SEC. 329. COPYRIGHTS AND PATENTS.

20 The Administrator is authorized to acquire any of the

21 following described rights if the property acquired thereby

22 is for use in, or is useful to, the performance of functions

23 of the Administrator or the Administration:

24 (1) Copyrights, patents, and applications for

25 patents, designs, processes, specifications, and data.
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1 (2) Licenses under copyrights, patents, and ap2 plications for patents.

3 (3) Releases, before an action is brought, for past

4 infringement of patents of copyrights.

5 SEC. 330. GIFTS AND BEQUESTS.

6 The Administrator is authorized to accept, hold, ad7 minister and utilize gifts, donations, or bequests of prop8 erty, real or personal, tangible or intangible, and contribu9 tions of money for purposes of aiding or facilitating the

10 work of the Administrator or the Administration. For the

11 purposes of Federal income, estate, and gift taxes, and State

12 taxes, property accepted under this subsection shall be con13 sidered a gift or bequest to the United States.

14 SEC. 331. TRANSFERS OF FUNDS FROM OTHER FEDERAL

15 AGENCIES.

16 Consistent with sections 1535 and 1536 of title 31,

17 United States Code, the Administrator is authorized to ac18 cept transfers from other Federal agencies of funds which

19 are available to carry out functions transferred by this Act

20 to the Administrator or functions assigned by law to the

21 Administrator after the date of enactment of this Act.

22 SEC. 332. SEAL OF ADMINISTRATION.

23 The Administrator shall cause a seal of office to be

24 made for the Administration of such design as the Adminis-
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1 trator shall approve. Judicial notice shall be taken of such

2 seal.

3 SEC. 333. STATUS OF ADMINISTRATION UNDER CERTAIN

4 LAWS.

5 For purposes of section 552b of title 5, United States

6 Code, the Administration is an agency.

7 SEC. 334. ASSISTANT ADMINISTRATORS AS EXECUTIVE

8 SCHEDULE POSITIONS.

9 Section 5316 of title 5, United States Code (as amend10 ed by this Act) is further amended—

11 (1) by striking out the items relating to the As12 sistant Administrator for Coastal Zone Management,

13 National Oceanic and Atmospheric Administration;

14 the Assistant Administrator for Fisheries, National

15 Oceanic and Atmospheric Administration; and the

16 Assistant Administrators, National Oceanic and At17 mospheric Administration; and

18 (2) by adding at the end thereof the following:

19 ‘‘Assistant Administrators, National Oceanic

20 and Atmospheric Administration.’’.

21 SEC. 335. COORDINATION OF ENVIRONMENTAL POLICY.

22 The Administration shall consult and coordinate envi23 ronmental policy with the Council on Environmental Qual24 ity of the Executive Office of the President.
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1 TITLE IV—ESTABLISHMENT OF

2 THE OFFICE OF PATENTS,

3 TRADEMARKS, AND STAND4 ARDS

5 Subtitle A—Establishment

6 SEC. 401. DEFINITIONS.

7 For purposes of this title—

8 (1) the term ‘‘Director’’ means the Director of the

9 Office of Patents, Trademarks, and Standards; and

10 (2) the term ‘‘Office’’ means the Office of Pat11 ents, Trademarks, and Standards.

12 SEC. 402. ESTABLISHMENT OF THE OFFICE OF PATENTS,

13 TRADEMARKS, AND STANDARDS.

14 There is established the Office of Patents, Trademarks,

15 and Standards which shall be an independent establishment

16 in the executive branch of Government as defined under sec17 tion 104 of title 5, United States Code. There shall be a

18 Director of the Office of Patents, Trademarks, and Stand19 ards who shall administer the Office and shall be appointed

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

21 the Senate.

22 SEC. 403. FUNCTIONS.

23 The Director shall perform all functions transferred

24 under section 404 and such other functions as the President

25 may assign or delegate.
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1 SEC. 404. TRANSFERS TO THE OFFICE.

2 (a) TRANSFER OF FUNCTIONS.—There are transferred

3 to the Director all functions of, and all functions performed

4 under the direction of, the following officers and employees

5 of the Department of Commerce:

6 (1) The Director of the National Institute of

7 Standards and Technology.

8 (2) The Assistant Secretary and Commissioner of

9 Patents and Trademarks.

10 (3) The Under Secretary for Technology relating

11 to functions performed by the Office of Technology

12 Policy relating to the Baldridge Quality Award.

13 (4) The Secretary of Commerce and Assistant

14 Secretary for Communications and Information with

15 respect to only those functions of the National Tele16 communications and Information Administration re17 lating to telecommunication standards and labora18 tories.

19 (b) TRANSFER OF OFFICES.—(1) The Patent and

20 Trademark Office of the Department of Commerce is trans21 ferred to the Office. The Patent and Trademark Office of

22 the Office of Patents, Trademarks, and Standards shall be

23 administered through the Commissioner of the Patent and

24 Trademark Office.

25 (2) The National Institute of Standards and Tech26 nology of the Department of Commerce is transferred to the
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1 Office. The National Institute of Standards and Technology

2 shall be administered through the Director of the National

3 Institute of Standards and Technology.

4 SEC. 405. ADDITIONAL OFFICERS.

5 (a) GENERAL COUNSEL.—There shall be in the Office

6 a General Counsel, who shall be appointed by the President,

7 by and with the advice and consent of the Senate. The Gen8 eral Counsel shall provide legal assistance to the Director

9 concerning the activities, programs, and policies of the Of10 fice.

11 (b) INSPECTOR GENERAL.—(1) There shall be in the

12 Office an Inspector General who shall be appointed in ac13 cordance with the Inspector General Act of 1978, as amend14 ed by this subsection.

15 (2) Section 11 of the Inspector General Act of 1978

16 (as amended by this Act) is further amended—

17 (A) in paragraph (1) by inserting ‘‘the Director

18 of the Office of Patents, Trademarks, and Standards’’

19 after ‘‘the Chief Executive Officer of the Corporation

20 for National and Community Service;’’; and

21 (B) in paragraph (2) by inserting ‘‘the Office of

22 Patents, Trademarks, and Standards,’’ after ‘‘the Cor23 poration for National and Community Service,’’.

24 (c) CHIEF FINANCIAL OFFICER.—(1) There shall be in

25 the Office a Chief Financial Officer who shall be appointed
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1 in accordance with section 901 of title 31, United States

2 Code, as amended by this subsection.

3 (2) Section 901(b) of title 31, United States Code, (as

4 amended by this Act) is further amended in paragraph (2)

5 by adding at the end thereof the following:

6 ‘‘(I) The Office of Patents, Trademarks, and

7 Standards.’’.

8 Subtitle B—Administrative

9 Provisions

10 SEC. 411. RULES.

11 In the performance of the functions of the Director and

12 the Office, the Director is authorized to make, promulgate,

13 issue, rescind, and amend rules and regulations. The pro14 mulgation of such rules and regulations—

15 (1) shall be governed by the provisions of chapter

16 5 of title 5, United States Code; and

17 (2) shall be after notice and opportunity for full

18 participation by relevant Federal agencies, State

19 agencies, local governments, regional organizations,

20 authorities, councils, and other interested public and

21 private parties.

22 SEC. 412. DELEGATION.

23 Except as otherwise provided in this Act, the Director

24 may delegate any function to such officers and employees

25 of the Office as the Director may designate, and may au-
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1 thorize such successive redelegations of such functions in the

2 Office as may be necessary or appropriate. No delegation

3 of functions by the Director under this section or under any

4 other provision of this Act shall relieve the Director of re5 sponsibility for the administration of such functions.

6 SEC. 413. PERSONNEL AND SERVICES.

7 (a) APPOINTMENTS.—In the performance of the func8 tions of the Director and in addition to the officers provided

9 for under subtitle A, the Director is authorized to appoint,

10 transfer, and fix the compensation of such officers and em11 ployees, including attorneys, as may be necessary to carry

12 out the functions of the Director and the Office. Except as

13 otherwise provided by law, such officers and employees shall

14 be appointed in accordance with the civil service laws and

15 compensated in accordance with title 5, United States Code.

16 (b) EXPERTS AND CONSULTANTS.—The Director is au17 thorized to obtain the services of experts and consultants

18 in accordance with section 3109 of title 5, United States

19 Code.

20 (c) TRANSPORTATION EXPENSES.—The Director is au21 thorized to pay transportation expenses, and per diem in

22 lieu of subsistence expenses, in accordance with chapter 57

23 of title 5, United States Code.
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1 (d) DETAIL OF EMPLOYEES AND OFFICERS.—The Di2 rector is authorized to utilize, on a reimbursable basis, the

3 services of personnel of any Federal agency.

4 (e) VOLUNTARY SERVICES.—(1)(A) The Director is au5 thorized to accept voluntary and uncompensated services

6 without regard to the provisions of section 1342 of title 31,

7 United States Code, if such services will not be used to dis8 place Federal employees employed on a full-time, part-time,

9 or seasonal basis.

10 (B) The Director is authorized to accept volunteer serv11 ice in accordance with the provisions of section 3111 of title

12 5, United States Code.

13 (2) The Director is authorized to provide for incidental

14 expenses, including but not limited to transportation, lodg15 ing, and subsistence for such volunteers.

16 (3) An individual who provides voluntary services

17 under paragraph (1)(A) of this subsection shall not be con18 sidered a Federal employee for any purpose other than for

19 purposes of chapter 81 of title 5, United States Code, relat20 ing to compensation for work injuries, and chapter 171 of

21 title 28, United States Code, relating to tort claims.

22 SEC. 414. CONTRACTS.

23 The Director is authorized, without regard to the pro24 visions of section 3324 of title 31, United States Code, to

25 enter into and perform such contracts, leases, cooperative
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1 agreements, or other transactions as may be necessary to

2 carry out the functions of the Director and the Office. The

3 Director may enter into such contracts, leases, agreements,

4 and transactions with any Federal agency or any instru5 mentality of the United States, or with any State, territory,

6 or possession, or with any political subdivision thereof, or

7 with any person, firm, association, corporation, or edu8 cational institution, on such terms and conditions as the

9 Director may consider appropriate. The authority of the

10 Director to enter into contracts and leases under this section

11 shall be to such extent or in such amounts as are provided

12 in appropriation Acts.

13 SEC. 415. COPYRIGHTS AND PATENTS.

14 The Director is authorized to acquire any of the follow15 ing described rights if the property acquired thereby is for

16 use in, or is useful to, the performance of functions of the

17 Director or the Office:

18 (1) Copyrights, patents, and applications for

19 patents, designs, processes, specifications, and data.

20 (2) Licenses under copyrights, patents, and ap21 plications for patents.

22 (3) Releases, before an action is brought, for past

23 infringement of patents of copyrights.
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1 SEC. 416. GIFTS AND BEQUESTS.

2 The Director is authorized to accept, hold, administer

3 and utilize gifts, donations, or bequests of property, real or

4 personal, tangible or intangible, and contributions of money

5 for purposes of aiding or facilitating the work of the Direc6 tor or the Office. For the purposes of Federal income, estate,

7 and gift taxes, and State taxes, property accepted under

8 this subsection shall be considered a gift or bequest to the

9 United States.

10 SEC. 417. TRANSFERS OF FUNDS FROM OTHER FEDERAL

11 AGENCIES.

12 The Director is authorized to accept transfers from

13 other Federal agencies of funds which are available to carry

14 out functions transferred by this Act to the Director or func15 tions assigned by law to the Director after the date of enact16 ment of this Act.

17 SEC. 418. SEAL OF OFFICE.

18 The Director shall cause a seal of office to be made

19 for the Office of such design as the Director shall approve.

20 Judicial notice shall be taken of such seal.

21 SEC. 419. STATUS OF OFFICE UNDER CERTAIN LAWS.

22 For purposes of section 552b of title 5, United States

23 Code, the Office is an agency.
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1 Subtitle C—Conforming

2 Amendments

3 SEC. 421. PATENT AND TRADEMARK OFFICE.

4 (a) ESTABLISHMENT.—Section 1 of title 35, United

5 States Code, is amended by striking out ‘‘Department of

6 Commerce’’ and inserting in lieu thereof ‘‘Office of Patents,

7 Trademarks, and Standards’’.

8 (b) REFERENCE TO ASSISTANT SECRETARY OF COM9 MERCE.—Section 3 of title 35, United States Code, is

10 amended by striking out subsection (d).

11 (c) GENERAL REFERENCES TO SECRETARY AND DE12 PARTMENT.—(1) Except as provided under paragraph (2),

13 the provisions of title 35, United States Code, are further

14 amended—

15 (A) by striking out ‘‘Secretary of Commerce’’

16 each place such term appears and insert in lieu there17 of ‘‘Commissioner of Patents and Trademarks’’; and

18 (B) by striking out ‘‘Department of Commerce’’

19 each place such term appears and inserting in lieu

20 thereof ‘‘Office of Patents, Trademarks and Stand21 ards’’.

22 (2)(A) Section 3(a) of title 35, United States Code, is

23 amended in the fourth sentence by striking out ‘‘The Sec24 retary of Commerce, upon the nomination of the Commis25 sioner’’ and inserting in lieu thereof ‘‘The Commissioner’’.
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1 (B) Section 6(a) of title 35, United States Code, is

2 amended—

3 (i) in the first sentence by striking out ‘‘, under

4 the direction of the Secretary of Commerce,’’; and

5 (ii) in the second sentence by striking out ‘‘, sub6 ject to the approval of the Secretary of Commerce,’’.

7 (C) Section 31 of title 35, United States Code, is

8 amended by striking out ‘‘, subject to the approval of the

9 Secretary of Commerce,’’.

10 SEC. 422. NATIONAL INSTITUTE OF STANDARDS AND TECH11 NOLOGY.

12 The National Institute of Standards and Technology

13 Act (15 U.S.C. 271 et seq.) is amended—

14 (1) in section 2—

15 (A) in subsection (a) by striking out ‘‘De16 partment of Commerce’’ and inserting in lieu

17 thereof ‘‘Office of Patents, Trademarks, and

18 Standards’’;

19 (B) in subsection (b) by striking out ‘‘The

20 Secretary of Commerce (hereafter in this Act re21 ferred to as the ‘Secretary’)’’ and inserting in

22 lieu thereof ‘‘The Director of the Office of Pat23 ents, Trademarks, and Standards’’;
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1 (C) in subsection (d) by striking out ‘‘, in2 cluding the programs under sections 25, 26, and

3 28 of this Act’’;

4 (D) by striking out ‘‘Department of Com5 merce’’ each place such term appears and insert6 ing in lieu thereof ‘‘Office of Patents, Trade7 marks, and Standards’’; and

8 (E) by striking out ‘‘Secretary of Com9 merce’’ each place such term appears and insert10 ing in lieu thereof ‘‘Director of the Office of Pat11 ents, Trademarks, and Standards’’;

12 (2) in section 10 by striking out ‘‘Advanced’’ in

13 both the section heading and subsection (a), and in14 serting in lieu thereof ‘‘Standards and’’; and

15 (3) by striking out sections 24, 25, 26, and 28.

16 SEC. 423. FEDERAL LABORATORIES UNDER THE STEVEN17 SON-WYDLER TECHNOLOGY INNOVATION ACT

18 OF 1980.

19 The Stevenson-Wydler Technology Innovation Act of

20 1980 (15 U.S.C. 3701 et seq.) is amended—

21 (1) in section 3 by striking out paragraph (2)

22 and redesignating paragraphs (3) through (5) as

23 paragraphs (2) through (4), respectively;

24 (2) in section 4 by striking out paragraphs (1),

25 (2), (3), (4), and (13) and redesignating paragraphs
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1 (5), (6), (7), (8), (9), (10), (11), and (12) as para2 graphs (1) through (8), respectively;

3 (3) by striking out sections 5, 6, 7, 8, 9, and 10;

4 (4) in section 11—

5 (A) in subsection (c)(3) by striking out ‘‘,

6 the Federal Laboratory Consortium for Tech7 nology Transfer,’’; and

8 (B) by striking out subsections (d), (e), and

9 (g); and

10 (5) in section 17—

11 (A) by striking ‘‘Secretary’’ each place it

12 appears and inserting ‘‘Director of the Office of

13 Patents, Trademarks, and Standards’’;

14 (B) in subsection (c)—

15 (i) in paragraph (1) by striking out

16 ‘‘Subject to paragraph (2), separate’’ and

17 inserting in lieu thereof ‘‘Separate’’;

18 (ii) by striking out paragraph (2); and

19 (iii) by redesignating paragraph (3) as

20 paragraph (2); and

21 (C) in subsection (f) by inserting ‘‘adminis22 trative’’ after ‘‘funds to carry out’’.
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1 TITLE V—GOVERNMENT 2000

2 COMMISSION

3 SEC. 501. SHORT TITLE AND PURPOSES.

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

5 ‘‘Government 2000 Act’’.

6 (b) PURPOSES.—

7 (1) IN GENERAL.—The purpose of this title is to

8 reduce the costs and increase the effectiveness of the

9 Federal Government by reorganizing departments and

10 agencies, consolidating redundant activities, stream11 lining operations, and decentralizing service delivery

12 in a manner that promotes economy, efficiency, and

13 accountability in Government programs. This title is

14 intended to result in a smaller Federal workforce, but

15 one provided with a better organizational environ16 ment in which to work, including the more effective

17 use of modern technology, in order to provide better

18 service to the public. There shall be appropriate

19 venues for the representation of constituency interests

20 in the policy formulation and service delivery process.

21 (2) SPECIFIC GOALS.—This title is intended to

22 achieve the following goals for improvements in the

23 performance of the Federal Government by fiscal year

24 2003:
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1 (A) An immediate reduction in the number

2 of cabinet departments to no more than 10.

3 (B) A reduction in the costs of administra4 tion by 35 percent.

5 (C) A ten-fold improvement in timely deliv6 ery of services to the public.

7 (D) A compound annual improvement in

8 productivity of 6 percent.

9 (E) Responsiveness and customer-service

10 levels comparable to those achieved in the private

11 sector.

12 SEC. 502. THE COMMISSION.

13 (a) ESTABLISHMENT.—There is established an inde14 pendent commission to be known as the Government 2000

15 Commission (hereafter in this title referred to as the ‘‘Com16 mission’’).

17 (b) DUTIES.—

18 (1) EXAMINATION AND RECOMMENDATIONS.—The

19 Commission shall—

20 (A) examine the issues related to the organi21 zation and operations of the departments and

22 agencies of the Federal Government; and

23 (B) develop recommendations to reduce the

24 costs, streamline the operations, and improve the
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1 performance, responsiveness, and accountability

2 of Federal departments, agencies, and programs.

3 (2) LEGISLATIVE PROPOSAL.—The recommenda4 tions of the Commission shall be encompassed in a

5 single legislative proposal which implements a com6 prehensive reorganization plan for the executive

7 branch, and which makes other institutional and

8 operational changes to the Federal Government, con9 sistent with the purposes stated in section 501 and the

10 requirements of section 503.

11 (c) APPOINTMENT.—

12 (1) COMPOSITION.—

13 (A) The Commission shall be composed of 9

14 members.

15 (B)(i) Two members shall be appointed by

16 the President.

17 (ii) Two members shall be appointed by the

18 Majority Leader of the Senate.

19 (iii) One member shall be appointed by the

20 Minority Leader of the Senate.

21 (iv) Two members shall be appointed by the

22 Speaker of the House of Representatives.

23 (v) One member shall be appointed by the

24 Minority Leader of the House of Representatives.
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1 (vi) One member shall be appointed by the

2 President, in concurrence with the Majority

3 Leader of the Senate and the Speaker of the

4 House of Representatives. That member shall be

5 the Chairman of the Commission.

6 (2) MEMBERSHIP.—A member of the Commis7 sion may be any citizen of the United States, includ8 ing any elected or appointed public official, career

9 civil servant, or private citizen.

10 (3) CONFLICT OF INTERESTS.—For purposes of

11 the provisions of chapter 11 of part I of title 18,

12 United States Code, a member of the Commission (to

13 whom such provisions would not otherwise apply ex14 cept for this paragraph) shall be a special Govern15 ment employee.

16 (4) DATE OF APPOINTMENTS.—All members of

17 the Commission, except the Chairman, shall be ap18 pointed no later than 25 calendar days after enact19 ment of this title. The Chairman shall be appointed

20 no later than 40 calendar days after enactment of this

21 title.

22 (d) TERMS.—Each member shall serve until the termi23 nation of the Commission.
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1 (e) VACANCIES.—A vacancy on the Commission shall

2 be filled in the same manner as was the original appoint3 ment.

4 (f) MEETINGS.—The Commission shall meet as nec5 essary to carry out its responsibilities. The Commission

6 may conduct meetings outside the District of Columbia

7 when necessary.

8 (g) PAY AND TRAVEL EXPENSES.—

9 (1) PAY.—(A) Except for an individual who is

10 Chairman of the Commission and is otherwise a Fed11 eral officer or employee, the chairman shall be paid

12 at a rate equal to the daily equivalent of the mini13 mum annual rate of basic pay payable for level III

14 of the Executive Schedule under section 5314 of title

15 5, United States Code, for each day (including travel16 time) during which the Chairman is engaged in the

17 performance of duties vested in the Commission.

18 (B) Except for the Chairman, who shall be paid

19 as provided under subparagraph (A), each member of

20 the Commission who is not a Federal officer or em21 ployee shall be paid at a rate equal to the daily

22 equivalent of the minimum annual rate of basic pay

23 payable for level IV of the Executive Schedule under

24 section 5315 of title 5, United States Code, for each

25 day (including traveltime) during which the member
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1 is engaged in the performance of duties vested in the

2 Commission.

3 (2) TRAVEL.—Members of the Commission shall

4 receive travel expenses, including per diem in lieu of

5 subsistence, in accordance with sections 5702 and

6 5703 of title 5, United States Code.

7 (h) DIRECTOR.—

8 (1) APPOINTMENT.—The Commission shall by an

9 affirmative vote of at least 5 members appoint a Di10 rector of the Commission.

11 (2) PAY.—The Director shall be paid at the rate

12 of basic pay payable for level IV of the Executive

13 Schedule under section 5315 of title 5, United States

14 Code.

15 (i) STAFF.—

16 (1) APPOINTMENT.—The Director may, with the

17 approval of the Commission, appoint and fix the pay

18 of employees of the Commission without regard to the

19 provisions of title 5, United States Code, governing

20 appointment in the competitive service, and any

21 Commission employee may be paid without regard to

22 the provisions of chapter 51 and subchapter III of

23 chapter 53 of that title relating to classification and

24 General Schedule pay rates, except that a Commission

25 employee may not receive pay in excess of the annual
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1 rate of basic pay payable for level V of the Executive

2 Schedule under section 5316 of title 5, United State

3 Code.

4 (2) DETAIL.—(A) Upon request of the Director,

5 the head of any Federal department or agency may

6 detail any of the personnel of the department or agen7 cy to the Commission to assist the Commission in

8 carrying out its duties under this title.

9 (B) Upon request of the Director, a Member of

10 Congress or an officer who is the head of an office of

11 the Senate or House of Representatives may detail an

12 employee of the office or committee of which such

13 Member or officer is the head to the Commission to

14 assist the Commission in carrying out its duties

15 under this title.

16 (C) Any Federal Government employee may be

17 detailed to the Commission with or without reim18 bursement, and such detail shall be without interrup19 tion or loss of civil service status or privilege.

20 (j) SUPPORT.—

21 (1) SUPPORT SERVICES.—The Office of Manage22 ment and Budget shall provide support services to the

23 Commission.

24 (2) ASSISTANCE.—The Comptroller General of

25 the United States may provide assistance, including
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1 the detailing of employees, to the Commission in ac2 cordance with an agreement entered into with the

3 Commission.

4 (k) OTHER AUTHORITY.—The Commission may pro5 cure by contract, to the extent funds are available, the tem6 porary or intermittent services of experts or consultants

7 pursuant to section 3109 of title 5, United States Code. The

8 Commission shall give public notice of any such contract

9 before entering into such contract.

10 (l) APPLICATION OF FEDERAL ADVISORY COMMITTEE

11 ACT.—The Commission shall be subject to the provisions of

12 the Federal Advisory Committee Act (5 U.S.C. App.).

13 (m) AUTHORIZATION OF APPROPRIATIONS.—There are

14 authorized to be appropriated to the Commission

15 $5,000,000 for fiscal year 1996 to carry out its responsibil16 ities under this title.

17 (n) TERMINATION.—The Commission shall terminate

18 no later than October 31, 1996.

19 SEC. 503. LEGISLATIVE RECOMMENDATIONS.

20 (a) REORGANIZATION PLAN.—The Commission shall

21 develop and recommend a plan for reorganization of Fed22 eral departments and agencies, consistent with the following

23 provisions:

24 (1) EXECUTIVE DEPARTMENTS.—
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1 (A) There shall be no more than 10 depart2 ments, which shall have responsibility for the de3 velopment of, and ensuring the proper execution

4 of, governmental and program policy.

5 (B) There shall be a reduction in the layers

6 of organizational hierarchy and in the con7 centration of employees in staff and overhead

8 functions within departments and agencies to

9 achieve a substantial reduction in the total num10 ber of mid-level supervisory and staff positions,

11 administrative positions, and political employ12 ees.

13 (2) PROGRAM OPERATING UNITS.—

14 (A) There shall be an adequate number of

15 agencies and subdepartment bureaus, offices, di16 visions, and other operating units having pri17 mary responsibility for program administration

18 and service delivery, as distinguished from pol19 icy development.

20 (B) The reorganization plan shall provide

21 for a substantial net reduction in the number of

22 program operating units, and in the total ad23 ministrative costs of the functions performed by

24 such units. The reduction shall be achieved

25 through the consolidation, integration, and
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1 reengineering of similar and related functions

2 and work activities throughout the Government.

3 (C) The Commission shall consider, and rec4 ommend where appropriate, the consolidation of pro5 gram administration and service delivery functions

6 into operating units that are independent of individ7 ual executive departments, to maximize the coordina8 tion of services to particular segments of the public

9 and to the public generally.

10 (3) LOCAL OFFICES.—

11 (A) There shall be an appropriate field of12 fice structure for Federal departments and agen13 cies in order to improve service delivery and re14 sponsiveness while reducing costs.

15 (B) Among the alternatives considered by

16 the Commission shall be consolidation where ap17 propriate of regional and field offices of various

18 departments and agencies that provide related

19 services into a system of local offices providing

20 one-stop services.

21 (4) CENTRALIZED ADMINISTRATION.—The Com22 mission shall consider whether substantial cost sav23 ings and improved performance would result from the

24 centralization within one organization of primary re25 sponsibility for particular government-wide adminis-
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1 trative functions, and make appropriate recommenda2 tions in that regard.

3 (b) STRUCTURAL ARRANGEMENTS.—

4 (1) RECOMMENDATIONS.—The Commission shall

5 recommend structural arrangements of responsibility

6 and authority between and within the various depart7 ments, agencies, and program operating units in

8 order to maximize accountability for performance.

9 (2) ACCOUNTABILITY.—Such arrangements shall

10 seek to clarify appropriate accountability for policy

11 development and for program administration and

12 service delivery.

13 (3) CONSIDERATIONS.—Among the alternatives

14 considered by the Commission shall be whether the

15 heads of program operating units described under

16 paragraph (a)(2) should be non-political, non-career

17 appointments hired for a fixed term under an em18 ployment contract with specific, measurable program

19 performance goals.

20 (c) TRANSITION PLAN.—The Commission shall rec21 ommend a plan for transition from the existing organiza22 tion of the executive branch to the proposed reorganization

23 plan, to minimize any disruption in program performance

24 and service and to maintain managerial accountability.
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1 SEC. 504. DEFINITION.

2 For purposes of this title the term ‘‘agency’’ means

3 each authority of the Federal Government, including all de4 partments, independent agencies, Government-sponsored

5 enterprises, and Government corporations, except the legis6 lative branch, judicial branch, the governments of the terri7 tories or possessions of the United States, or the District

8 of Columbia.

9 SEC. 505. DEPARTMENT AND AGENCY COOPERATION.

10 All Federal agencies and employees of all agencies shall

11 cooperate fully with all requests for information from the

12 Commission and shall respond to any such request for infor13 mation within 30 calendar days or such other time agreed

14 upon by the requesting and requested parties.

15 SEC. 506. PROCEDURES FOR MAKING RECOMMENDATIONS.

16 (a) SUBMISSION OF RECOMMENDATIONS.—No later

17 than June 1, 1996, the Commission shall submit to the Con18 gress—

19 (1) a single legislative proposal to implement its

20 recommendations developed pursuant to section 503 of

21 this title, along with an explanation of the reasons for

22 such recommendations; or

23 (2) a message that the Commission was unable

24 to agree on such a proposal.
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1 (b) COMMISSION VOTES.—No legislative proposal may

2 be submitted by the Commission without the affirmative

3 vote of at least 6 members.

4 SEC. 507. CONGRESSIONAL CONSIDERATION OF REFORM

5 PROPOSAL.

6 (a) DEFINITIONS.—For purposes of this section—

7 (1) the term ‘‘implementation bill’’ means only

8 a bill which is introduced as provided under sub9 section (b), and contains the proposed legislation sub10 mitted by the Commission under section 506 without

11 modification.

12 (2) the term ‘‘calendar day of session’’ means a

13 calendar day other than one on which either House

14 is not in session because of an adjournment of more

15 than three days to a date certain.

16 (b) INTRODUCTION, REFERRAL, AND REPORT OR DIS17 CHARGE.—

18 (1) INTRODUCTION.—On the first calendar day

19 of session on which both Houses are in session, on or

20 immediately following the date on which a proposal

21 is submitted to the Congress under section 506(a)(1),

22 an implementation bill shall be introduced—

23 (A) in the Senate by the Majority Leader of

24 the Senate, for himself and the Minority Leader

25 of the Senate, or by Members of the Senate des-
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1 ignated by the Majority Leader and Minority

2 Leader of the Senate; and

3 (B) in the House of Representatives by the

4 Majority Leader of the House of Representatives,

5 for himself and the Minority Leader of the House

6 of Representatives, or by Members of the House

7 of Representatives designated by the Majority

8 Leader and Minority Leader of the House of

9 Representatives.

10 (2) REFERRAL.—The implementation bill intro11 duced in the Senate under paragraph (1) shall be re12 ferred concurrently to the Committee on Govern13 mental Affairs of the Senate, and other committees

14 with jurisdiction. The implementation bill introduced

15 in the House of Representatives shall be referred con16 currently to the Committee on Government Reform

17 and Oversight of the House of Representatives, and

18 other committees with jurisdiction. A committee to

19 which an implementation bill is referred under this

20 paragraph may report such bill to the respective

21 House with amendments proposed to be adopted. No

22 such amendment may be proposed unless such pro23 posed amendment is germane to such bill.

24 (3) REPORT OR DISCHARGE.—If any committee

25 to which an implementation bill is referred has not
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1 reported such bill by the end of the 30th calendar day

2 of session after the date of the introduction of such

3 bill, such committee shall be immediately discharged

4 from further consideration of such bill, and upon

5 being reported or discharged from all committees,

6 such bill shall be placed on the appropriate calendar

7 of the House involved.

8 (c) SENATE CONSIDERATION.—

9 (1) IN GENERAL.—On or after the second cal10 endar day of session after the date on which an im11 plementation bill is placed on the Senate calendar

12 under subsection (b)(3), it is in order (even if a pre13 vious motion to the same effect has been disagreed to)

14 for any Senator to make a privileged motion to pro15 ceed to the consideration of the implementation bill

16 (but only on the day after the calendar day of session

17 on which such Senator announces on the floor of the

18 Senate an intention to make such a motion). This

19 motion is subject to debate which shall be confined to

20 2 hours, to be equally divided. All points of order

21 against the implementation bill (and against consid22 eration of the implementation bill) other than points

23 of order under Senate Rule 15, 16, or for failure to

24 comply with requirements of this section are waived.

25 The motion is not subject to a motion to postpone. A
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1 motion to reconsider the vote by which the motion to

2 proceed is agreed to or disagreed to shall not be in

3 order. If a motion to proceed to the consideration of

4 the implementation bill is agreed to, the Senate shall

5 immediately proceed to consideration of the imple6 mentation bill.

7 (2) DEBATE.—In the Senate, no amendment

8 which is not germane shall be in order. A motion to

9 postpone or a motion to recommit the implementation

10 bill is not in order. A motion to reconsider the vote

11 by which the implementation bill is agreed to or dis12 agreed to is not in order.

13 (3) MOTION TO SUSPEND OR WAIVE APPLICA14 TION.—No motion to suspend or waive the applica15 tion of this subsection shall be in order, except by

16 unanimous consent.

17 (4) APPEALS FROM CHAIR.—Appeals from the

18 decisions of the Chair relating to the application of

19 the rules of the Senate to the procedure relating to an

20 implementation bill shall be subject to debate confined

21 to 1 hour, to be equally divided.

22 (5) FINAL PASSAGE.—Immediately following the

23 conclusion of the debate on an implementation bill

24 and a single quorum call at the conclusion of the de25 bate if requested in accordance with the rules of the
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1 Senate, the vote on final passage of the implementa2 tion bill shall occur.

3 (d) CONSIDERATION IN THE HOUSE OF REPRESENTA4 TIVES.—

5 (1) IN GENERAL.—At any time on or after the

6 second session day after the date on which each com7 mittee of the House of Representatives to which an

8 implementation bill is referred has reported that bill,

9 or has been discharged under subsection (b)(3) from

10 further consideration of that bill, the Speaker may,

11 pursuant to clause 1(b) of rule XIII, declare the

12 House resolved into the Committee of the Whole house

13 on the State of the Union for the consideration of that

14 bill. All points of order against the bill, the consider15 ation of the bill, and provisions of the bill shall be

16 waived, and the first reading of the bill shall be dis17 pensed with. After general debate, which shall be con18 fined to 10 hours, to be equally divided and controlled

19 by the Majority Leader and the Minority Leader, the

20 bill shall be considered for amendment by title under

21 the five-minute rule and each title shall be considered

22 as having been read.

23 (2) AMENDMENTS.—Each amendment shall be

24 considered as having been read, shall not be subject to

25 a demand for a division of the question in the House
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1 or in the Committee of the Whole, and shall be debat2 able for not to exceed 30 minutes, equally divided and

3 controlled by the proponent and a Member opposed

4 thereto, except that the time for consideration, includ5 ing debate and disposition, of all amendments to the

6 bill shall not exceed 20 hours.

7 (3) FINAL PASSAGE.—At the conclusion of the

8 consideration of the bill, the Committee shall rise and

9 report to the House with such amendments as may

10 have been agreed to, and the previous question shall

11 be considered as ordered on the bill and amendments

12 thereto to final passage without intervening motion

13 except one motion to recommit.

14 (e) CONFERENCE.—

15 (1) APPOINTMENT OF CONFEREES.—In the Sen16 ate, a motion to elect or authorize the appointment of

17 conferees shall not be debatable.

18 (2) CONFERENCE REPORT.—No later than 20

19 calendar days of session after the appointment of con20 ferees, the conferees shall report to the respective

21 Houses.

22 (f) RULES OF THE SENATE AND HOUSE.—This section

23 is enacted by Congress—

24 (1) as an exercise of the rulemaking power of the

25 Senate and House of Representatives, respectively,
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1 and as such it is deemed a part of the rules of each

2 House, respectively, but applicable only with respect

3 to the procedure to be followed in that House in the

4 case of an implementation bill described in subsection

5 (a), and it supersedes other rules only to the extent

6 that it is inconsistent with such rules; and

7 (2) with full recognition of the constitutional

8 right of either House to change the rules (so far as re9 lating to the procedure of that House) at any time,

10 in the same manner, and to the same extent as in the

11 case of any other rule of that House.

12 SEC. 508. IMPLEMENTATION.

13 (a) RESPONSIBILITY FOR IMPLEMENTATION.—The Di14 rector of the Office of Management and Budget shall have

15 primary responsibility for implementation of the Commis16 sion’s recommendations and the Act enacted under section

17 507 (unless such Act provides otherwise). The Director of

18 the Office of Management and Budget shall notify and pro19 vide direction to heads of affected departments, agencies,

20 and programs. The head of an affected department, agency,

21 or program shall be responsible for implementation and

22 shall proceed with the recommendations provided under

23 subsection (b).

24 (b) DEPARTMENTS AND AGENCIES.—After the enact25 ment of an Act under section 507, each affected Federal de-
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1 partment and agency as a part of its annual budget request

2 shall transmit to the appropriate committees of Congress

3 its schedule for implementation of the provisions of the Act.

4 (c) GAO OVERSIGHT.—The Comptroller General shall

5 have oversight responsibility over the implementation of the

6 Commission’s recommendations and the Act enacted under

7 section 507. The Comptroller General shall periodically re8 port to the Congress and the President regarding the accom9 plishment, the costs, the timetable, and effectiveness of the

10 implementation

11 SEC. 509. DISTRIBUTION OF ASSETS.

12 Any proceeds from the sale of assets of any department

13 or agency resulting from the enactment of an Act under

14 section 507 shall be—

15 (1) applied to reduce the Federal deficit; and

16 (2) deposited in the Treasury and treated as gen17 eral receipts.

18 TITLE VI—TRANSITIONAL, SAV19 INGS, AND CONFORMING PRO20 VISIONS

21 SEC. 601. ADDITIONAL TRANSFERS.

22 Any function of the Secretary of Commerce or the De23 partment of Commerce which—

24 (1) is not transferred by titles II, III, or IV of

25 this Act; and
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1 (2) is incidental to, necessary for, or primarily

2 related to, the performance of a function transferred

3 by any such title,

4 is transferred to the head of the Federal agency to which

5 the related function is transferred by such title.

6 SEC. 602. TRANSFER AND ALLOCATIONS OF APPROPRIA7 TIONS AND PERSONNEL.

8 Except as otherwise provided in this Act, the personnel

9 employed in connection with, and the assets, liabilities, con10 tracts, property, records, and unexpended balances of ap11 propriations, authorizations, allocations, and other funds

12 employed, used, held, arising from, available to, or to be

13 made available in connection with the functions and offices

14 transferred by this Act, subject to section 1531 of title 31,

15 United States Code, shall be transferred to the head of the

16 Federal agency to which such functions or offices are trans17 ferred by this Act. Unexpended funds transferred pursuant

18 to this section shall be used only for the purposes for which

19 the funds were originally authorized and appropriated.

20 SEC. 603. INCIDENTAL TRANSFERS.

21 (a) IN GENERAL.—The Director of the Office of Man22 agement and Budget, at such time or times as the Director

23 shall provide, is authorized to make such determinations

24 as may be necessary with regard to the functions and offices

25 transferred by this Act, and to make such additional inci-
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1 dental dispositions of personnel, assets, liabilities, grants,

2 contracts, property, records, and unexpended balances of

3 appropriations, authorizations, allocations, and other funds

4 held, used, arising from, available to, or to be made avail5 able in connection with such functions and offices, as may

6 be necessary to carry out the provisions of this Act. The

7 Director shall provide for the termination of the affairs of

8 all entities terminated by this Act and for such further

9 measures and dispositions as may be necessary to effectuate

10 the purposes of this Act.

11 (b) TRANSFERS RELATING TO SENIOR EXECUTIVE

12 SERVICE.—After consultation with the Director of the Office

13 of Personnel Management, the Director of the Office of Man14 agement and Budget is authorized, at such times as the Di15 rector of the Office of Management and Budget may pro16 vide, to make such determinations as may be necessary with

17 regard to the transfer of positions within the Senior Execu18 tive Service in connection with the functions and offices

19 transferred by this Act.

20 SEC. 604. EFFECT ON PERSONNEL.

21 (a) IN GENERAL.—Except as otherwise provided by

22 this Act, the transfer pursuant to this Act of full-time per23 sonnel (except special Government employees) and part24 time personnel holding permanent positions shall not cause

25 any such employee to be separated or reduced in grade or
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1 compensation for one year after the date of transfer of such

2 employee under this Act.

3 (b) EXECUTIVE SCHEDULE POSITIONS.—Except as

4 otherwise provided by this Act, any person who, on the day

5 preceding the effective date of this Act, held a position com6 pensated in accordance with the Executive Schedule pre7 scribed in chapter 53 of title 5, United States Code, and

8 who, without a break in service, is appointed in a Federal

9 agency to which functions are transferred by this Act to

10 a position having duties comparable to the duties performed

11 immediately preceding such appointment shall continue to

12 be compensated in such new position at not less than the

13 rate provided for such previous position, for the duration

14 of the service of such person in such new position.

15 (c) TERMINATION OF CERTAIN POSITIONS.—Except for

16 members of the Foreign Service and the Commissioned Offi17 cer Corps of the National Oceanic and Atmospheric Admin18 istration, positions whose incumbents are appointed by the

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

20 the functions of which are transferred by this Act, shall ter21 minate on the effective date of this Act.

22 SEC. 605. SAVINGS PROVISIONS.

23 (a) CONTINUING EFFECT OF LEGAL DOCUMENTS.—All

24 orders, determinations, rules, regulations, permits, agree-
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1 ments, grants, contracts, certificates, licenses, registrations,

2 privileges, and other administrative actions—

3 (1) which have been issued, made, granted, or al4 lowed to become effective by the President, any Fed5 eral agency or official thereof, or by a court of com6 petent jurisdiction, in the performance of functions

7 which are transferred under this Act, and

8 (2) which are in effect at the time this Act takes

9 effect, or were final before the effective date of this Act

10 and are to become effective on or after the effective

11 date of this Act,

12 shall continue in effect according to their terms until modi13 fied, terminated, superseded, set aside, or revoked in accord14 ance with law by the President, the head of the Federal

15 agency to which such functions are transferred under this

16 Act or other authorized official, a court of competent juris17 diction, or by operation of law.

18 (b) PROCEEDINGS NOT AFFECTED.—(1) The provi19 sions of this Act shall not affect any proceedings, including

20 notices of proposed rulemaking, or any application for any

21 license, permit, certificate, or financial assistance pending

22 on the effective date of this Act before the Department of

23 Commerce or the Office of the United States Trade Rep24 resentative, or any office thereof with respect to functions

25 transferred by this Act, but such proceedings or applica-
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1 tions, to the extent that they relate to functions transferred,

2 shall be continued. Orders shall be issued in such proceed3 ings, appeals shall be taken therefrom, and payments shall

4 be made under such orders, as if this Act had not been en5 acted, and orders issued in any such proceedings shall con6 tinue in effect until modified, terminated, superseded, or

7 revoked by the head of the Federal agency to which such

8 functions are transferred by this Act, by a court of com9 petent jurisdiction, or by operation of law. Nothing in this

10 subsection prohibits the discontinuance or modification of

11 any such proceeding under the same terms and conditions

12 and to the same extent that such proceeding could have been

13 discontinued or modified if this Act had not been enacted.

14 (2) The Secretary of Commerce, the United States

15 Trade Representative, and the head of each Federal agency

16 to which functions are transferred by this Act are author17 ized to issue regulations providing for the orderly transfer

18 of proceedings continued under paragraph (1).

19 (c) ADMINISTRATIVE ACTIONS RELATING TO PROMUL20 GATION OF RULES.—Any administrative action relating to

21 the preparation or promulgation of a regulation by a Fed22 eral agency relating to a function transferred under this

23 Act may be continued by the Federal agency to which such

24 function is transferred with the same effect as if this Act

25 had not been enacted.
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1 (d) SUITS NOT AFFECTED.—Except as provided in

2 subsection (e)—

3 (1) the provisions of this Act do not affect ac4 tions commenced prior to the effective date of this Act,

5 and

6 (2) in all such actions, proceedings shall be had,

7 appeals taken, and judgments rendered in the same

8 manner and effect as if this Act had not been enacted.

9 (e) NONABATEMENT OF ACTIONS.—No action or other

10 proceeding commenced by or against any officer in his offi11 cial capacity as an officer of the Department of Commerce

12 or the Office of United States Trade Representative with

13 respect to functions transferred by this Act shall abate by

14 reason of the enactment of this Act. No cause of action by

15 or against the Department of Commerce or the Office of

16 United States Trade Representative with respect to func17 tions transferred by this Act, or by or against any officer

18 thereof in his official capacity, shall abate by reason of the

19 enactment of this Act. Causes of action and actions with

20 respect to a function or office transferred by this Act, or

21 other proceedings may be asserted by or against the United

22 States or an official of the Federal agency to which such

23 function or office is transferred by this Act, as may be ap24 propriate, and, in an action pending when this Act takes

25 effect, the court may at any time, on its own motion or
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1 that of any party, enter an order which will give effect to

2 the provisions of this subsection.

3 (f) FEDERAL OFFICIAL AS PARTY IN ACTION.—If, be4 fore the date on which this Act takes effect, the Department

5 of Commerce or the Office of the United States Trade Rep6 resentative, or any officer thereof in his official capacity,

7 is a party to an action, and under this Act any function

8 of such Department, Office, or officer is transferred to a

9 Federal agency, then such action shall be continued with

10 the head of such agency substituted or added as a party.

11 (g) JUDICIAL REVIEW.—Orders and actions of the

12 head of a Federal agency in the exercise of functions trans13 ferred to the head of such agency by this Act shall be subject

14 to judicial review to the same extent and in the same man15 ner as if such orders and actions had been by the Depart16 ment of Commerce or the Office of the United States Trade

17 Representative, or any office or officer thereof, in the exer18 cise of such functions immediately preceding their transfer.

19 Any statutory requirements relating to notice, hearings, ac20 tion upon the record, or administrative review that apply

21 to any function transferred by this Act shall apply to the

22 exercise of such function by the head of the Federal agency

23 to which such function is transferred by this Act.
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1 SEC. 606. SEVERABILITY.

2 If a provision of this Act or its application to any

3 person or circumstance is held invalid, neither the remain4 der of this Act nor the application of the provision to other

5 persons or circumstances shall be affected.

6 SEC. 607. REFERENCE.

7 With respect to any functions transferred by this Act

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

9 in any other Federal law to—

10 (1) the Secretary of Commerce or the United

11 States Trade Representative; or

12 (2) the Department of Commerce or the Office of

13 the United States Trade Representative or any officer

14 or office thereof,

15 shall be considered to refer to the head of the Federal agency

16 to whom such functions were transferred by this Act.

17 SEC. 608. TRANSITION.

18 With the consent of the Secretary of Commerce or the

19 United States Trade Representative, as the case may be,

20 the head of each Federal agency to which functions or offices

21 are transferred by this Act is authorized to utilize—

22 (1) the services of such officers, employees, and

23 other personnel of the Department of Commerce or the

24 Office of the United States Trade Representative, as

25 the case may be, with respect to functions or offices

26 transferred to that agency by this Act; and
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1 (2) funds appropriated to such functions or of2 fices for such period of time as may reasonably be

3 needed to facilitate the orderly implementation of this

4 Act.

5 SEC. 609. ADDITIONAL CONFORMING AMENDMENTS.

6 (a) IN GENERAL.—After consultation with the appro7 priate committees of the Congress and the Director of the

8 Office of Management and Budget, the head of each agency

9 to which functions were transferred under this Act shall

10 prepare and submit to the Congress recommended legisla11 tion containing technical and conforming amendments to

12 reflect the changes made by this Act.

13 (b) SUBMISSION.—No later than 6 months after the ef14 fective date of this title, each such agency head shall submit

15 the recommended legislation referred to under subsection

16 (a).

17 TITLE VII—MISCELLANEOUS

18 SEC. 701. EFFECTIVE DATE.

19 (a) IN GENERAL.—This Act shall take effect 180 days

20 after the date of enactment, except that—

21 (1) section 608 shall take effect on the date of en22 actment; and

23 (2) at any time after the date of enactment of

24 this Act—
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1 (A) the officers provided for in titles II, III,

2 and IV of this Act may be nominated and ap3 pointed, as provided in such titles; and

4 (B) the Secretary of Commerce, the United

5 States Trade Representative, and the head of

6 each Federal agency to which functions are

7 transferred by this Act may promulgate regula8 tions under section 605(b)(2).

9 (b) INTERIM COMPENSATION AND EXPENSES.—Funds

10 available to the Department of Commerce or the Office of

11 the United States Trade Representative (or any official or

12 component thereof), with respect to the functions transferred

13 by this Act, may be used, with approval of the Director

14 of the Office of Management and Budget, to pay the com15 pensation and expenses of an officer appointed under sub16 section (a)(2)(A) who will carry out such functions until

17 funds for that purpose are otherwise available.

18 SEC. 702. INTERIM APPOINTMENTS.

19 (a) IN GENERAL.—If one or more officers required by

20 this Act to be appointed by and with the advice and consent

21 of the Senate have not entered upon office on the effective

22 date of this Act and notwithstanding any other provision

23 of law, the President may designate any officer who was

24 appointed by and with the advice and consent of the Senate,

25 and who was such an officer on the day before the effective
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1 date of this Act, to act in the office until it is filled as pro2 vided by this Act.

3 (b) COMPENSATION.—Any officer acting in an office

4 pursuant to subsection (a) shall receive compensation at the

5 rate prescribed by this Act for such office.

6 SEC. 703. MANAGEMENT OF PROPERTY BY GENERAL SERV7 ICES ADMINISTRATION.

8 Subject to title VI, the General Services Administra9 tion shall perform transfer management functions of all

10 Federal real property, including Federal buildings and

11 physical facilities, of the Department of Commerce.

12 SEC. 704. BUY OUT AUTHORITY FOR DEPARTMENT OF COM13 MERCE.

14 The Department of Commerce may, for such officers

15 and employees as it deems appropriate, authorize a pay16 ment to officers and employees who voluntarily separate on

17 or before September 30, 1996, whether by retirement or res18 ignation. Such payment shall be paid in accordance with

19 the provisions of section 5597(d) of title 5, United States

20 Code.

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

22 BUDGET.

23 No later than 180 days after the date of the enactment

24 of this Act, the Office of Management and Budget shall sub-
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1 mit in writing to the Congress a determination of the fea2 sibility and potential savings resulting from—

3 (1)(A) the consolidation of the Export-Import

4 Bank and the Overseas Private Investment Corpora5 tion; and

6 (B) the consolidation of the Boards of Directors

7 of the Export-Import Bank and the Overseas Private

8 Investment Corporation;

9 (2) the further consolidation of the functions

10 transferred from the Trade and Development Agency

11 to the United States Trade Administration with the

12 consolidations under paragraph (1);

13 (3)(A) the privatization of seafood inspection

14 services, weather services, data processing and dis15 semination, charting, marine navigation services, and

16 other potentially commercial functions of the National

17 Oceanic and Atmospheric Administration, including

18 those performed by the National Oceanic and Atmos19 pheric Administration Corps and the National Oce20 anic and Atmospheric Administration fleet;

21 (B) the streamlining and elimination of levels of

22 hierarchy of the National Oceanic and Atmospheric

23 Administration organization structure; and

24 (C) the consolidation of similar environmental

25 research functions performed by the National Oceanic
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1 and Atmospheric Administration, the Environmental

2 Protection Agency, and other natural resources agen3 cies in the Federal Government; and

4 (4) the further consolidation of statistical func5 tions throughout the Government into a single agency.

6 SEC. 706. PERSONNEL AND FUNDING REDUCTIONS RESULT7 ING FROM REORGANIZATION.

8 (a) IN GENERAL.—(1) The Office of Management and

9 Budget, in consultation with the USTR and the head of

10 each Federal agency affected by the provisions of this Act,

11 shall take such actions as necessary to provide that the total

12 funding of all functions transferred or terminated from the

13 Department of Commerce under this Act—

14 (A) in the first fiscal year following the fiscal

15 year in which this Act takes effect shall be equal to

16 no more than 90 percent of the amount of total fund17 ing for the Department of Commerce in fiscal year

18 1995; and

19 (B) in the second fiscal year following the fiscal

20 year in which this Act takes effect shall be equal to

21 no more than 65 percent of the amount of total fund22 ing for the Department of Commerce in fiscal year

23 1995.

24 (2) For purposes of subparagraphs (A) and (B) of

25 paragraph (1), the sum of savings resulting from termi-
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1 nations of Department of Commerce functions and admin2 istrative savings achieved under this Act shall be at least

3 10 percent under subparagraph (A) and 35 percent under

4 subparagraph (B) of the fiscal year 1995 appropriation to

5 the Department of Commerce.

6 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

7 authorized to be appropriated such sums as are necessary

8 for all personnel and nonpersonnel costs associated with

9 any programmatic termination made under this Act and

10 the amendments made by this Act. These sums shall be paid

11 in accordance with existing personnel laws. Terminations

12 are contingent upon the appropriation of such funds as are

13 necessary to carry out such terminations.

14 (c) IMPLEMENTATION PLAN.—(1) No later than 90

15 days after the date of the enactment of this Act, the Office

16 of Management and Budget shall submit a report to the

17 Congress on a plan that—

18 (A) provides for the implementation of the fund19 ing reductions required under subsection (a); and

20 (B) makes legislative recommendations for addi21 tional authority necessary or useful in implementing

22 such funding reductions.

23 (2) In preparing the report, the Office of Management

24 and Budget shall consult with the USTR and the head of

25 each Federal agency affected by the provisions of this Act.
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1 SEC. 707. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated such sums as

3 may be necessary to carry out the provisions of this Act.

4 Amounts appropriated under this section shall be available

5 until expended.

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