II

104TH CONGRESS

1ST SESSION S. 929

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

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:

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.
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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.

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.
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1 (b) ADMINISTRATOR.—

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

3 of the Agency an Administrator of the Agency, who

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

5 advice and consent of the Senate. The Agency shall

6 be administered under the supervision and direction

7 of the Administrator. The Administrator shall re8 ceive compensation at the rate prescribed for level II

9 of the Executive Schedule under section 5313 of title

10 5, United States Code.

11 (2) INITIAL APPOINTMENT OF ADMINIS12 TRATOR.—Notwithstanding any other provision of

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

14 time after the date of the enactment of this Act, ap15 point an individual to serve as Administrator of the

16 Commerce Programs Resolution Agency (who may

17 be the Secretary of Commerce), as such position is

18 established under paragraph (1). An appointment

19 under this paragraph may not be construed to affect

20 the position of Secretary of Commerce or the au21 thority of the Secretary before the effective date

22 specified in section 109(a).

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

24 for—
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1 (1) the administration and wind-up, during the

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

3 pursuant to section 102 and the other provisions of

4 this Act;

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

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

7 Federal Government under any programs terminated

8 or repealed by this Act; and

9 (3) taking such other actions as may be nec10 essary, before the termination date specified in sec11 tion 106(d), to wind up any outstanding affairs of

12 the Department of Commerce.

13 SEC. 102. FUNCTIONS.

14 Except to the extent a function is abolished or vested

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

16 shall perform all functions that, immediately before the

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

18 of the Department of Commerce (or any office of the De19 partment) or were authorized to be performed by the Sec20 retary of Commerce or any other officer or employee of

21 the Department in the capacity as such officer or em22 ployee.

23 SEC. 103. DEPUTY ADMINISTRATOR.

24 The Agency shall have a Deputy Administrator, who

25 shall—
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1 (1) be appointed by and report to the Adminis2 trator; and

3 (2) perform such functions as may be delegated

4 by the Administrator.

5 SEC. 104. CONTINUATION OF SERVICE OF DEPARTMENT OF6 FICERS.

7 (a) CONTINUATION OF SERVICE OF SECRETARY.—

8 The individual serving on the effective date specified in

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

10 and act as Administrator until the earlier of—

11 (1) the date an individual is appointed under

12 this title to the position of Administrator; or

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

14 in section 3348 of title 5, United States Code (relat15 ing to limitations on the period of time a vacancy

16 may be filled temporarily).

17 (b) CONTINUATION OF SERVICE OF OTHER OFFI18 CERS.—An individual serving on the effective date speci19 fied in section 109(a) as an officer of the Department of

20 Commerce other than the Secretary of Commerce may

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

22 Agency until the earlier of—

23 (1) the date an individual is appointed under

24 this title to the position of Administrator; or
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1 (2) the end of the 120-day period provided for

2 in section 3348 of title 5, United States Code (relat3 ing to limitations on the period of time a vacancy

4 may be filled temporarily) with respect to that ap5 pointment.

6 (c) COMPENSATION FOR CONTINUED SERVICE.—Any

7 person—

8 (1) who serves as the Administrator under sub9 section (a), or

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

11 after the effective date specified in section 109(a) and be12 fore the first appointment of a person as Administrator

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

14 at which such person was compensated before that effec15 tive date.

16 SEC. 105. REORGANIZATION.

17 The Administrator may allocate or reallocate any

18 function of the Agency pursuant to this Act among the

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

20 alter, or discontinue in the Commerce Programs Resolu21 tion Agency any organizational entities that were entities

22 of the Department of Commerce, as the Administrator

23 considers necessary or appropriate.
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1 SEC. 106. ABOLISHMENT OF COMMERCE PROGRAMS RESO2 LUTION AGENCY.

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

4 specified in subsection (d), the Commerce Programs Reso5 lution Agency is abolished.

6 (b) ABOLITION OF FUNCTIONS.—Except for func7 tions transferred or otherwise continued by this Act, all

8 functions that, immediately before the termination date

9 specified in subsection (d), were functions of the Com10 merce Programs Resolution Agency are abolished effective

11 on that termination date.

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

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

14 President shall submit to the Congress a plan for winding

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

16 by not later than the termination date specified in sub17 section (d).

18 (d) TERMINATION DATE.—The termination date

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

20 date of the enactment of this Act.

21 SEC. 107. GAO REPORT.

22 Not later than 180 days after the date of enactment

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

24 shall submit to the Congress a report that shall include

25 recommendations for the most efficient means of achiev26 ing, in accordance with this Act—
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1 (1) the complete abolishment of the Depart2 ment of Commerce; and

3 (2) the termination or transfer or other con4 tinuation of the functions of the Department of

5 Commerce.

6 SEC. 108. CONFORMING AMENDMENTS.

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

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

9 ‘‘Secretary of Commerce,’’.

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

11 5, United States Code, is amended by striking the fol12 lowing item:

13 ‘‘The Department of Commerce.’’.

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

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

16 following item:

17 ‘‘Secretary of Commerce.’’.

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

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

20 (1) by striking the following item:

21 ‘‘Under Secretary of Commerce, Under Sec22 retary of Commerce for Economic Affairs, Under

23 Secretary of Commerce for Export Administration

24 and Under Secretary of Commerce for Travel and

25 Tourism.’’;
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1 (2) by striking the following item:

2 ‘‘Under Secretary of Commerce for Oceans and

3 Atmosphere, the incumbent of which also serves as

4 Administrator of the National Oceanic and Atmos5 pheric Administration.’’; and

6 (3) by striking the following item:

7 ‘‘Under Secretary of Commerce for Tech8 nology.’’.

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

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

11 (1) by striking the following items:

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

13 (2) by striking the following item:

14 ‘‘General Counsel of the Department of Com15 merce.’’;

16 (3) by striking the following item:

17 ‘‘Assistant Secretary of Commerce for Oceans

18 and Atmosphere, the incumbent of which also serves

19 as Deputy Administrator of the National Oceanic

20 and Atmospheric Administration.’’;

21 (4) by striking the following item:

22 ‘‘Director, National Institute of Standards and

23 Technology, Department of Commerce.’’;

24 (5) by striking the following item:
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1 ‘‘Inspector General, Department of Com2 merce.’’;

3 (6) by striking the following item:

4 ‘‘Chief Financial Officer, Department of Com5 merce.’’; and

6 (7) by striking the following item:

7 ‘‘Director, Bureau of the Census, Department

8 of Commerce.’’.

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

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

11 (1) by striking the following item:

12 ‘‘Director, United States Travel Service, De13 partment of Commerce.’’; and

14 (2) by striking the following item:

15 ‘‘National Export Expansion Coordinator, De16 partment of Commerce.’’.

17 (g) INSPECTOR GENERAL ACT OF 1978.—The In18 spector General Act of 1978 (5 U.S.C. App.) is

19 amended—

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

21 (B);

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

23 and

24 (3) in section 11(2), by striking ‘‘Commerce,’’.
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1 SEC. 109. EFFECTIVE DATE.

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

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

4 after the date of the enactment of this Act.

5 (b) PROVISIONS EFFECTIVE ON DATE OF ENACT6 MENT.—The following provisions of this title shall take ef7 fect on the date of the enactment of this Act:

8 (1) Section 101(b).

9 (2) Section 106(c).

10 (3) Section 107.

11 TITLE II—DISPOSITION OF PAR12 TICULAR PROGRAMS, FUNC13 TIONS, AND AGENCIES OF DE14 PARTMENT OF COMMERCE

15 SEC. 201. ECONOMIC DEVELOPMENT.

16 (a) TERMINATED FUNCTIONS.—The Public Works

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

18 et seq.) is repealed.

19 (b) TRANSFER OF FINANCIAL OBLIGATIONS OWED

20 TO THE DEPARTMENT.—There are transferred to the Sec21 retary of the Treasury the loans, notes, bonds, debentures,

22 securities, and other financial obligations owned by the

23 Department of Commerce under the Public Works and

24 Economic Development Act of 1965, together with all as25 sets or other rights (including security interests) incident

26 thereto, and all liabilities related thereto. There are as-
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1 signed to the Secretary of the Treasury the functions,

2 powers, and abilities vested in or delegated to the Sec3 retary of Commerce or the Department of Commerce to

4 manage, service, collect, sell, dispose of, or otherwise real5 ize proceeds on obligations owed to the Department of

6 Commerce under authority of such Act with respect to any

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

8 Department of Commerce pursuant to such Act.

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

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

11 conduct an audit of all grants made or issued by the De12 partment of Commerce under the Public Works and Eco13 nomic Development Act of 1965 in fiscal year 1995 and

14 all loans, obligations, and guarantees and shall transmit

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

16 SEC. 202. EXPORT CONTROL FUNCTIONS.

17 (a) TRANSFER TO SECRETARY OF DEFENSE.—

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

19 section, all functions of the Secretary of Commerce,

20 the Under Secretary of Commerce for Export Ad21 ministration, the 2 Assistant Secretaries of Com22 merce appointed under section 15(a) of the Export

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

24 2414(a)), and the Department of Commerce, on the

25 day before the effective date specified in section
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1 109(a), under the Export Administration Act of

2 1979 are transferred to the Secretary of Defense.

3 (2) CONSULTATION WITH USTR.—The Sec4 retary of Defense shall consult with the United

5 States Trade Representative with respect to any li6 censing decision under the Export Administration

7 Act of 1979.

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

9 Secretary of Commerce, on the day before the effective

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

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

12 2406), and under all other provisions of that Act to the

13 extent that such provisions apply to section 7, are trans14 ferred to the President.

15 (c) ENFORCEMENT.—

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

17 Secretary of Commerce and the Department of Com18 merce, on the day before the effective date specified

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

20 13(c), (d), and (e) of the Export Administration Act

21 of 1979 (50 U.S.C. App. 2410(c), 2411, and

22 2412(c), (d), and (e)) are transferred to the Sec23 retary of the Treasury.

24 (2) TRANSFER OF ENFORCEMENT PER25 SONNEL.—Not more than 60 United States special
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1 agents of the Bureau of Export Administration of

2 the Department of Commerce who, on the day be3 fore the effective date specified in section 109(a),

4 were assigned to perform functions under section

5 12(a) of the Export Administration Act of 1979 may

6 be transferred to the Customs Service to carry out

7 functions transferred by paragraph (1). The Direc8 tor of the Office of Management and Budget shall

9 determine the special agents to be transferred under

10 this paragraph.

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

12 the Secretary of Commerce and the Department of Com13 merce, on the day before the effective date specified in

14 section 109(a), under section 8 of the Export Administra15 tion Act of 1979 (50 U.S.C. App. 2407), and under all

16 other provisions of that Act to the extent that such provi17 sions apply to section 8, are transferred to the Attorney

18 General.

19 (e) TERMINATION OF OFFICE OF FOREIGN AVAIL20 ABILITY; APPOINTMENT OF INDUSTRIES BOARD.—

21 (1) TERMINATION OF OFFICE.—The Office of

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

23 of the Export Administration Act of 1979 (50

24 U.S.C. App. 2404(f)(6)) is abolished.
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1 (2) CONFORMING AMENDMENT.—Section 5(f)

2 of the Export Administration Act of 1979 (50

3 U.S.C. App. 2404(f)) is amended by striking para4 graph (6).

5 (3) APPOINTMENT OF INDUSTRIES BOARD.—

6 The President shall appoint an industries board,

7 composed of representatives of industries affected by

8 matters relating to foreign availability under the Ex9 port Administration Act of 1979, to advise the Sec10 retary of State with respect to such matters, except

11 that no Federal funds may be made available to the

12 industries board to carry out its functions.

13 (f) BUYING POWER MAINTENANCE ACCOUNT.—The

14 authority of the Secretary of Commerce under section 108

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

16 establish a Buying Power Maintenance account is trans17 ferred to the Secretary of State for purposes of carrying

18 out functions under the Export Administration Act of

19 1979 that are transferred to the Secretary of State under

20 this section.

21 (g) TECHNICAL AND CONFORMING AMENDMENTS.—

22 (1) Section 15 of the Export Administration

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

24 by striking subsection (a) and inserting the fol25 lowing: ‘‘(a) [Reserved].’’.
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1 (2) The Office of the Under Secretary of Com2 merce for Export Administration is abolished.

3 SEC. 203. NATIONAL SECURITY FUNCTIONS.

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

5 Secretary of Commerce immediately before the effective

6 date specified in section 109(a)—

7 (1) under section 232 of the Trade Expansion

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

9 International Trade Commission;

10 (2) under section 309 of the Defense Produc11 tion Act of 1950 (50 U.S.C. App. 2099) are trans12 ferred to the Secretary of Defense; and

13 (3) under section 722 of the Defense Produc14 tion Act of 1950 (50 U.S.C. App. 2171) are trans15 ferred to the Secretary of the Treasury.

16 (b) NATIONAL DEFENSE TECHNOLOGY AND INDUS17 TRIAL BASE COUNCIL.—Section 2502(b) of title 10,

18 United States Code, is amended by striking paragraph (3)

19 and redesignating paragraphs (4) and (5) as paragraphs

20 (3) and (4), respectively.

21 (c) APPOINTMENT OF COMMITTEES OF INDUSTRY

22 REPRESENTATIVES.—The President should appoint com23 mittees composed of representatives of appropriate indus24 tries to advise the National Security Council with respect

25 to those matters affecting industry addressed by the Sec-
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1 retary of Commerce to the National Security Council be2 fore the effective date specified in section 109(a).

3 SEC. 204. INTERNATIONAL TRADE FUNCTIONS.

4 (a) TARIFF ACT OF 1930; URUGUAY ROUND AGREE5 MENTS ACT.—

6 (1) TRANSFER TO UNITED STATES TRADE REP7 RESENTATIVE.—All functions of the International

8 Trade Administration of the Department of Com9 merce, immediately before the effective date speci10 fied in section 109(a), under titles III and VII of the

11 Tariff Act of 1930, and all functions of the admin12 istering authority or the Secretary of Commerce

13 under the Uruguay Round Agreements Act, are

14 transferred to the United States Trade Representa15 tive.

16 (2) CONFORMING AMENDMENT.—Section

17 771(1) of the Tariff Act of 1930 (19 U.S.C.

18 1677(1)) is amended by striking ‘‘Secretary of Com19 merce’’ and inserting ‘‘United States Trade Rep20 resentative’’.

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

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

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

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

25 ‘‘Secretary of Commerce, who shall be chairman and exec-
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1 utive officer of the Board, the Secretary of the Treasury’’

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

3 chairman and executive officer of the Board, the United

4 States Trade Representative’’.

5 (c) UNITED STATES AND FOREIGN COMMERCIAL

6 SERVICE.—

7 (1) RENAMING AND ABOLITION OF CERTAIN

8 FUNCTIONS.—The United States and Foreign Com9 mercial Service shall, upon the effective date speci10 fied in section 109(a), be known as the ‘‘United

11 States Foreign Commercial Service’’ (hereafter in

12 this subsection referred to as the ‘‘Commercial Serv13 ice’’). All operations of the Commercial Service in

14 the United States (other than those performed at

15 the headquarters office referred to in section

16 2301(c) of the Export Enhancement Act of 1988

17 (15 U.S.C. 4721(c)) with respect to the foreign op18 erations of the Commercial Service) are abolished.

19 (2) TRANSFER TO USTR.—The Commercial

20 Service and its functions are transferred to the

21 United States Trade Representative. All functions

22 performed immediately before the effective date

23 specified in section 109(a) by the Secretary of Com24 merce or the Department of Commerce with respect
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1 to the Commercial Service are transferred to the

2 United States Trade Representative.

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

4 Commercial Service shall, as of the effective date

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

6 of the United States Foreign Commercial Service.

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

8 is amended by striking ‘‘Assistant Secretary of Com9 merce and Director General of the United States

10 and Foreign Commercial Service’’ and inserting ‘‘Di11 rector General of the United States Foreign Com12 mercial Service.’’.

13 (C) The individual serving as Assistant Sec14 retary of Commerce and Director General of the

15 United States and Foreign Commercial Service im16 mediately before the effective date specified in sec17 tion 109(a) may serve as the Director General of the

18 United States Foreign Commercial Service on and

19 after such effective date until a successor has taken

20 office. Compensation for any service under this sub21 paragraph shall be at the rate at which the indi22 vidual was compensated immediately before the ef23 fective date specified in section 109(a).

24 (4) TRANSFER OF COMMERCIAL SERVICE OFFI25 CERS.—The transfer to the United States Trade
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1 Representative pursuant to this section of any Com2 mercial Service Officer serving immediately before

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

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

5 or compensation.

6 (d) EXPORT PROMOTION PROGRAMS.—

7 (1) TRANSFER.—All export promotion pro8 grams (as defined in section 201(d) of the Export

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

10 4051(d))) carried out by the Secretary of Commerce

11 or the Department of Commerce immediately before

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

13 transferred to the United States Trade Representa14 tive.

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

16 program transferred under paragraph (1), no funds

17 made available to the United States Trade Rep18 resentative may be used in carrying out such pro19 gram, but the United States Trade Representative

20 may require the persons to whom services are pro21 vided by the Office of the United States Trade Rep22 resentative under such program to pay for such serv23 ices.

24 (e) TRADE INFORMATION.—All functions of the Sec25 retary of Commerce under the International Investment
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1 and Trade in Services Survey Act (22 U.S.C. 3101 et seq.)

2 are transferred to the Secretary of the Treasury.

3 (f) INTERNATIONAL ECONOMIC POLICY.—All func4 tions performed by the Assistant Secretary of Commerce

5 for International Economic Policy and the Office of Inter6 national Economic Policy of the Department of Commerce

7 immediately before the effective date specified in section

8 109(a) are abolished.

9 (g) FUNCTIONS WITH RESPECT TO TEXTILE AGREE10 MENTS.—

11 (1) TRANSFER OF FUNCTIONS.—Notwith12 standing the provisions of Executive Order 11651

13 and Executive Order 12475 (7 U.S.C. 1854 note),

14 the functions of the Committee for the Implementa15 tion of Textile Agreements (hereafter in this sub16 section referred to as ‘‘CITA’’) are transferred as

17 follows:

18 (A) All functions related to policy formula19 tion for textile and apparel trade, including the

20 negotiation and implementation of textile and

21 apparel trade agreements, and all related activi22 ties performed by CITA immediately before the

23 effective date specified in section 109(a), and

24 not specified in paragraphs (2) through (4), are
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1 transferred to the United States Trade Rep2 resentative.

3 (B) All functions related to economic anal4 ysis of textile and apparel trade patterns, deter5 mination of serious damage, or actual threat

6 thereof, to domestic United States industry and

7 related safeguards matters, including the tran8 sitional safeguard provisions under Article 6 of

9 the Agreement on Textiles and Clothing re10 ferred to in section 101(d)(4) of the Uruguay

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

12 and analysis of the impact of foreign tariff and

13 nontariff barriers on textile and apparel trade,

14 and all related activities performed by CITA

15 immediately before the effective date specified

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

17 States Trade Representative.

18 (C) All functions related to the promotion

19 and foreign market expansion of United States

20 textile and apparel production are transferred

21 to the United States Foreign Commercial Serv22 ice.

23 (D) All functions related to monitoring

24 quota utilization and enforcement, and actions

25 to address the circumvention of quotas, as de-
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1 scribed in the statement of administrative ac2 tion accompanying the Uruguay Round Agree3 ments (as defined in section 2 of the Uruguay

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

5 transferred to the Secretary of the Treasury.

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

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

8 the Secretary of Commerce under the Fair Trade in Auto

9 Parts Act of 1988 (15 U.S.C. 4701 et seq.) are trans10 ferred to the International Trade Commission.

11 (i) OTHER TRADE FUNCTIONS.—

12 (1) INTERAGENCY TRADE ORGANIZATION.—The

13 President shall provide for the direct participation

14 by representatives of industry on the Interagency

15 Trade Organization established under section 242 of

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

17 to carry out appropriate functions of the Secretary

18 of Commerce as a member of such organization be19 fore the effective date specified in section 109(a).

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

21 functions of the Secretary of Commerce under the

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

23 4001 through 4003), and the Office of Export Trade

24 established under section 104 of that Act, are abol25 ished.
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1 (B) The functions of the Secretary of Com2 merce under title III of the Act of October 8, 1982

3 (15 U.S.C. 4011 et seq.), are transferred to the Sec4 retary of the Treasury.

5 (C) CONFORMING AMENDMENTS.—(i) The Ex6 port Trading Company Act of 1982 (15 U.S.C. 4001

7 through 4003) is repealed.

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

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

10 4011), is amended by striking ‘‘COMMERCE’’ and in11 serting ‘‘TREASURY’’.

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

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

14 amended by striking ‘‘Commerce’’ and inserting

15 ‘‘Treasury’’.

16 (j) APPOINTMENT OF INDUSTRIES BOARDS.—The

17 President shall appoint industries boards, composed of

18 representatives of industries in the private sector, to ad19 vise the Secretary of the Treasury and the United States

20 Trade Representative with respect to functions transferred

21 to them under this section.

22 (k) GIFTS AND BEQUESTS.—

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

24 Secretary of the Treasury, and the United States

25 Trade Representative are authorized to accept, hold,
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1 administer, and utilize gifts and bequests of prop2 erty, both real and personal, for the purpose of aid3 ing or facilitating the performance of functions

4 transferred to them under this section and section

5 202. Gifts and bequests of money and the proceeds

6 from sales of other property received as gifts or be7 quests shall be deposited in the United States Treas8 ury in a separate fund and shall be disbursed on

9 order of the Secretary of State, the Secretary of the

10 Treasury, or the United States Trade Representa11 tive. Property accepted pursuant to this paragraph,

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

13 possible in accordance with the terms of the gift or

14 bequest.

15 (2) TAX TREATMENT.—For the purpose of Fed16 eral income, estate, and gift taxes, and State taxes,

17 property accepted under subsection (a) shall be con18 sidered a gift or bequest to or for use of the United

19 States.

20 (3) INVESTMENT.—The Secretary of the Treas21 ury may invest and reinvest in securities of the

22 United States or in securities guaranteed as to prin23 cipal and interest by the United States any moneys

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

25 Income accruing from such securities, and from any
26

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1 other property held by the Secretary of State, the

2 Secretary of the Treasury, or the United States

3 Trade Representative pursuant to subsection (a),

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

5 be disbursed upon order of the Secretary of State,

6 the Secretary of the Treasury, or the United States

7 Trade Representative.

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

9 Congress that any department or agency of the United

10 States that compiles information on international econom11 ics or trade make that information available to other de12 partments and agencies performing functions relating to

13 international trade.

14 (m) TRADE ADJUSTMENT ASSISTANCE FOR

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

16 (19 U.S.C. 2341 et seq.) and the items relating to such

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

18 SEC. 205. PATENT AND TRADEMARK OFFICE.

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

21 (1) the Patent and Trademark Office shall be

22 transferred to the Department of Justice; and

23 (2) all functions which, immediately before such

24 date, are functions of the Secretary of Commerce

25 under title 35, United States Code, or any other
27

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1 provision of law with respect to the functions of the

2 Patent and Trademark Office, are transferred to the

3 Attorney General.

4 (b) FUNDING.—

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

6 activities of the Patent and Trademark Office shall

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

8 United States Code, the Act of July 5, 1946 (com9 monly known as the ‘‘Trademark Act of 1946’’) (60

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

11 seq.), section 10101 of the Omnibus Budget Rec12 onciliation Act of 1990 (35 U.S.C. 41 note), or other

13 provision of law.

14 (2) FUNDS AVAILABLE WITHOUT APPROPRIA15 TION.—(A) Section 42(c) of title 35, United States

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

17 extent provided in appropriation Acts,’’ and insert18 ing ‘‘, without appropriation, to carry out’’.

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

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

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

22 in appropriation Acts’’ and inserting ‘‘without ap23 propriation’’.

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

25 31, United States Code, is amended to read as follows:
28

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1 ‘‘(f) The Commissioner may adjust the fees estab2 lished under this section on October 1 of each year to

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

4 (d) SERVICE OF INCUMBENTS.—Those individuals

5 serving as Commissioner of Patents and Trademarks,

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

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

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

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

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

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

17 the Department of Justice under this section shall be

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

19 office to another.

20 (f) TECHNICAL AND CONFORMING AMENDMENTS.—

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

22 is amended to read as follows:

23 ‘‘§ 1. Establishment

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

25 the United States within the Department of Justice, where
29

•S 929 IS

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

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

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

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

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

9 is amended by striking subsection (d).

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

11 is amended by striking

12 ‘‘Commissioner of Patents, Department of

13 Commerce.’’

14 and inserting

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

16 SEC. 206. TECHNOLOGY ADMINISTRATION.

17 (a) TECHNOLOGY ADMINISTRATION.—

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

20 shall be terminated on the effective date specified in

21 section 213(a).

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

24 (b) NATIONAL INSTITUTE OF STANDARDS AND

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

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

5 the National Science Foundation.

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

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

9 shall perform all functions relating to the Institute

10 that, immediately before the effective date specified

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

12 Commerce or the Under Secretary of Commerce for

13 Technology, including the administration of section

14 17 of the Stevenson-Wydler Technology Innovation

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

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

17 the Institute shall be transferred to the Commerce

18 Programs Resolution Agency.

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

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

23 sector entity intending to perform substantially the

24 same functions as were performed by the labora-
31

•S 929 IS

1 tories of the Institute immediately before such effec2 tive date.

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

6 Programs Resolution Agency shall submit a report

7 to the Congress containing recommendations on the

8 appropriate disposition of the property and functions

9 of the laboratories of the Institute.

10 (c) NATIONAL TECHNICAL INFORMATION SERV11 ICE.—

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

14 property of the National Technical Information

15 Service, within 18 months after the effective date

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

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

19 Information Service immediately before such effec20 tive date.

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

24 the Commerce Programs Resolution Agency shall

25 submit a report to the Congress containing rec-
32

•S 929 IS

1 ommendations on the appropriate disposition of the

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

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

6 Service for any fiscal year after fiscal year 1995.

7 (d) AMENDMENTS.—

8 (1) NATIONAL INSTITUTE OF STANDARDS AND

9 TECHNOLOGY ACT.—The National Institute of

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

11 seq.) is amended—

12 (A) in section 2—

13 (i) in subsection (b)—

14 (I) by striking paragraph (1);

15 and

16 (II) by redesignating paragraphs

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

18 through (10), respectively; and

19 (ii) in subsection (d), by striking ‘‘,

20 including the programs established under

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

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

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

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

25 and
33

•S 929 IS

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

2 28.

3 (2) STEVENSON-WYDLER TECHNOLOGY INNOVA4 TION ACT OF 1980.—The Stevenson-Wydler Tech5 nology Innovation Act of 1980 (15 U.S.C. 3701 et

6 seq.) is amended—

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

8 and redesignating paragraphs (3) through (5)

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

10 (B) in section 4, by striking paragraphs

11 (1), (4), and (13) and redesignating paragraphs

12 (2), (3), (5), (6), (7), (8), (9), (10), (11), and

13 (12) as paragraphs (1) through (10), respec14 tively;

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

16 10;

17 (D) in section 11—

18 (i) in subsection (c)(3), by striking ‘‘,

19 the Federal Laboratory Consortium for

20 Technology Transfer,’’;

21 (ii) in subsection (d)—

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

23 ‘‘and the Federal Laboratory Consor24 tium for Technology Transfer’’; and
34

•S 929 IS

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

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

3 that follows through ‘‘available to the

4 Service’’; and

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

6 (E) in section 17—

7 (i) in subsection (c)—

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

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

10 and inserting ‘‘Separate’’;

11 (II) by striking paragraph (2);

12 and

13 (III) by redesignating paragraph

14 (3) as paragraph (2); and

15 (ii) in subsection (f), by inserting ‘‘ad16 ministrative’’ after ‘‘funds to carry out’’.

17 SEC. 207. REORGANIZATION OF THE BUREAU OF THE

18 CENSUS.

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

20 in section 213(a)—

21 (1) the Bureau of the Census shall be trans22 ferred to the Department of the Treasury; and

23 (2) all functions which, immediately before such

24 date, are functions of the Secretary of Commerce
35

•S 929 IS

1 under title 13, United States Code, shall be trans2 ferred to the Secretary of the Treasury.

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

4 Director of the Census immediately before the reorganiza5 tion under this section takes effect may continue serving

6 in that capacity until a successor has taken office. Com7 pensation for any service under this subsection shall be

8 at the rate at which such individual was compensated im9 mediately before the effective date of the reorganization.

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

11 Congress that the Bureau of the Census should—

12 (1) make appropriate use of any authority af13 forded to it by the Census Address List Improve14 ment Act of 1994 (Public Law 103–430; 108 Stat.

15 4393), and take measures to ensure the timely im16 plementation of such Act; and

17 (2) streamline census questionnaires to promote

18 savings in the collection and tabulation of data.

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

20 in section 213(a)—

21 (1) TRANSFER OF THE BUREAU TO THE DE22 PARTMENT OF THE TREASURY.—(A) Section 2 of

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

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

25 period and inserting ‘‘is an agency within, and under
36

•S 929 IS

1 the jurisdiction of, the Department of the Treas2 ury.’’.

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

4 (32 Stat. 830, chapter 552; 15 U.S.C. 1511) is

5 amended by striking subsection (e) and redesig6 nating subsections (f) and (g) as subsections (e) and

7 (f), respectively.

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

9 of title 13, United States Code, is amended by strik10 ing ‘‘Secretary of Commerce’’ and inserting ‘‘Sec11 retary of the Treasury’’.

12 (3) REFERENCES IN TITLE 13, UNITED STATES

13 CODE, TO THE DEPARTMENT OF COMMERCE.—Title

14 13, United States Code, is amended in sections 4,

15 9(a), 23(b), 24(e), 44, 103, 132, 211, 213(b)(2),

16 221, 222, 223, 224, 225(a), and 241 by striking

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

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

19 (4) PROVISIONS RELATING TO THE SECRETARY

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

21 United States Code, is amended by striking the last

22 sentence.

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

24 and the item relating to such section in the analysis

25 for chapter 9 of such title are repealed.
37

•S 929 IS

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

2 Code, is amended—

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

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

5 and

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

7 and inserting ‘‘Secretary’’.

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

9 Code, is amended—

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

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

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

13 and inserting ‘‘Secretary’’.

14 (ii) Section 8(e) of the Foreign Direct Invest15 ment and International Financial Data Improve16 ments Act of 1990 (22 U.S.C. 3144(e)) is amended

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

18 ‘‘Secretary of the Treasury’’.

19 (5) COMPENSATION FOR THE POSITION OF DI20 RECTOR OF THE CENSUS.—Section 5315 of title 5,

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

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

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

24 following new item:
38

•S 929 IS

1 ‘‘Director of the Census, Department of the

2 Treasury.’’.

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

4 United States Code, is amended by adding at the

5 end the following new subsection:

6 ‘‘(c)(1) Nothing in subsection (a)(3) shall be consid7 ered to permit the disclosure of any matter or information

8 to an officer or employee of the Department of the Treas9 ury who is not referred to in subchapter II if, immediately

10 before the date specified in section 213(a) of the Depart11 ment of Commerce Dismantling Act, such disclosure (if

12 then made by an officer or employee of the Department

13 of Commerce) would have been impermissible under this

14 section (as then in effect).

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

16 any disclosure made to the Secretary.’’.

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

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

19 this section shall be treated as if that transfer involved

20 a transfer of functions from one office to another.

21 SEC. 208. REORGANIZATION OF THE BUREAU OF ECO22 NOMIC ANALYSIS.

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

24 in section 213(a)—
39

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1 (1) the Bureau of Economic Analysis shall be

2 transferred to the Federal Reserve System; and

3 (2) all functions which, immediately before such

4 date, are functions of the Secretary of Commerce

5 with respect to the Bureau of Economic Analysis

6 shall be transferred to the Chairman of the Board

7 of Governors of the Federal Reserve System.

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

9 Director of the Bureau of Economic Analysis immediately

10 before the reorganization under this section takes effect

11 may continue serving in that capacity until a successor

12 has taken office. Compensation for any service under this

13 subsection shall be at the rate at which such individual

14 was compensated immediately before the effective date of

15 the reorganization.

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

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

18 of Economic Analysis shall submit to the Congress a writ19 ten report on—

20 (1) the availability of any private sector re21 sources that may be capable of performing any or all

22 of the functions of the Bureau of Economic Anal23 ysis, and the feasibility of having any such functions

24 so performed; and
40

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1 (2) the feasibility of implementing a system

2 under which fees may be assessed by the Bureau of

3 Economic Analysis in order to defray the costs of

4 any services performed by the Bureau of Economic

5 Analysis, when such services are performed other

6 than on behalf of the Federal Government or an

7 agency or instrumentality thereof.

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

9 III, the reorganization of the Bureau of Economic Anal10 ysis under this section shall be treated as if it involved

11 a transfer of functions from one office to another.

12 SEC. 209. TERMINATED FUNCTIONS OF NTIA.

13 The following provisions of law are repealed:

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

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

16 seq.), relating to assistance for public telecommuni17 cations facilities.

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

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

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

21 Educational Television.

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

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

24 seq.), relating to telecommunications demonstration

25 grants.
41

•S 929 IS

1 SEC. 210. TRANSFER OF SPECTRUM MANAGEMENT FUNC2 TIONS.

3 There are transferred to the Chairman of the Federal

4 Communications Commission all functions of the Sec5 retary of Commerce, the Assistant Secretary of Commerce

6 for Communications and Information, and the National

7 Telecommunications and Information Administration

8 under parts A and B of the National Telecommunication

9 and Information Administration Organization Act.

10 SEC. 211. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN11 ISTRATION.

12 (a) TERMINATION OF AUTHORITY TO MAKE FISH13 ERIES GRANTS.—No financial assistance may be provided

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

15 provision of that assistance is a contractual obligation of

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

17 this section:

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

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

20 (53 Stat. 1412, chapter 696; 15 U.S.C. 713c–3).

21 (2) Section 1 of the Act entitled ‘‘An Act to au22 thorize addition of certain donated lands to the Ev23 erglades National Park’’, approved September 2,

24 1960 (16 U.S.C. 753a).

25 (3) The Antarctic Marine Living Resources

26 Convention Act of 1984 (16 U.S.C. 2431 et seq.).
42

•S 929 IS

1 (4) The Anadromous Fish Conservation Act (16

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

3 (5) Provisions of the Magnuson Fishery Con4 servation and Management Act (16 U.S.C. 1801 et

5 seq.) and the Department of Commerce Appropria6 tion Act of 1994 that authorize assistance to State

7 fishery agencies to enhance their data collection and

8 analysis systems to respond to coastwise fisheries

9 management needs.

10 (6) The Interjurisdictional Fisheries Act of

11 1986 (16 U.S.C. 4101 et seq.).

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

13 1956 and the Department of Commerce Appropria14 tion Act of 1994 that authorize assistance to State

15 for a cooperative State and Federal partnership to

16 provide a continuing source of fisheries statistics to

17 support fisheries management in the States’ terri18 torial waters and the United States exclusive eco19 nomic zone.

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

21 1956 and the Department of Commerce Appropria22 tion Act of 1994 that authorize assistance to States

23 for a cooperative program that engages State and

24 Federal agencies in the coordinated collection, man25 agement, and dissemination of fishery-independent
43

•S 929 IS

1 information on marine fisheries in support of State

2 territorial waters and the United States exclusive

3 economic zone fisheries management programs.

4 (9) Provisions of the Act of May 11, 1938, pop5 ularly known as the ‘‘Mitchell Act’’ (52 Stat. 345 et

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

7 Department of Commerce Appropriation Act of 1994

8 that authorize assistance to State fisheries agencies

9 in the Pacific Northwest to protect and enhance

10 salmon and steelhead resources in the region.

11 (10) 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 authorize assistance to States in fulfilling re15 sponsibilities under the Pacific Salmon Treaty by

16 providing administrative, management, and applied

17 research support to the States to meet the needs of

18 the Pacific Salmon Commission and international

19 commitments under the treaty.

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

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

22 1384) and the Department of Commerce Appropria23 tion Act of 1994 which authorize assistance to State

24 agencies for the collection and analysis of informa-
44

•S 929 IS

1 tion on marine mammals that occur in the State wa2 ters and interact with State managed fisheries.

3 (12) Provisions of the Pacific Salmon Treaty

4 Act of 1985 (16 U.S.C. 3631 et seq.) and the De5 partment of Commerce Appropriation Act of 1994

6 that—

7 (A) authorize assistance to States to assist

8 in fulfilling Federal responsibilities under the

9 Pacific Salmon Treaty by restoring Southeast

10 Alaska salmon harvests limited by the treaty

11 and by restoring salmon stocks as quickly as

12 possible; and

13 (B) help implement a 1989 ‘‘Under14 standing between the United States and Cana15 dian Sections of the Pacific Salmon Commis16 sion Concerning Joint Enhancement of

17 Transboundary River Salmon Stocks’’.

18 (b) TERMINATION OF FISHERIES TRADE PROMOTION

19 PROGRAM.—Section 211 of the Salmon and Steelhead

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

21 1511b) is repealed.

22 (c) CONFORMING AMENDMENT TO TERMINATE

23 FISHERIES PROMOTION AND DEVELOPMENT TRANSFERS

24 AND FUNDS.—
45

•S 929 IS

1 (1) IN GENERAL.—Section 2 of the Act of Au2 gust 11, 1939, popularly known as the ‘‘Saltonstall3 Kennedy Act’’ (53 Stat. 1412, chapter 696; 15

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

5 (b).

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

7 effective date of this section, in the funds established

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

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

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

11 of financial assistance that is not otherwise termi12 nated by this section shall revert to the general fund

13 of the Treasury.

14 (d) TERMINATION OF AUTHORITY TO GUARANTEE

15 OBLIGATIONS FOR FISHING VESSEL AND FISHING FACIL16 ITY CONSTRUCTION, ETC.—No new guarantee of an obli17 gation or commitment to guarantee an obligation under

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

19 U.S.C. 1271 et seq.) may be made under authority that

20 was vested in the Secretary of Commerce on the day be21 fore the effective date of this section (relating to obliga22 tions for fishing vessels or fishing facilities), except to the

23 extent the making of such a guarantee was a contractual

24 obligation of the United States on the day before that ef25 fective date.
46

•S 929 IS

1 (e) TERMINATION OF COMPENSATION UNDER FISH2 ERMEN’S PROTECTIVE ACT OF 1967.—No compensation

3 may be paid under section 10 of the Fishermen’s Protec4 tive Act of 1967 (22 U.S.C. 1980), relating to compensa5 tion for damage, loss, or destruction of fishing vessels or

6 fishing gear, except to the extent the compensation was

7 awarded before the effective date of this section.

8 (f) TERMINATION OF COMPENSATION TO FISHERMEN

9 UNDER OUTER CONTINENTAL SHELF LANDS ACT

10 AMENDMENTS OF 1978.—No compensation may be paid

11 under title IV of the Outer Continental Shelf Lands Act

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

13 the extent the compensation was awarded before the effec14 tive date of this section.

15 (g) TERMINATION OF MISCELLANEOUS RESEARCH

16 FUNCTIONS.—The following functions, as vested in per17 sonnel of the National Oceanic and Atmospheric Adminis18 tration on the day before the effective date of this section,

19 are terminated:

20 (1) All observation and prediction functions re21 lating to pollution research.

22 (2) All functions relating to estuarine and

23 coastal assessment research.

24 (h) TERMINATION OF NOAA CORPS.—
47

•S 929 IS

1 (1) TERMINATION.—The National Oceanic and

2 Atmospheric Administration Corps is terminated,

3 and the assets thereof shall be transferred to the

4 Commerce Programs Resolution Agency.

5 (2) DISPOSITION OF ASSETS.—The Adminis6 trator of the Commerce Programs Resolution Agen7 cy shall attempt to sell the assets of the National

8 Oceanic and Atmospheric Administration Corps,

9 within 18 months after the effective date specified in

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

11 to perform substantially the same functions as were

12 performed by the National Oceanic and Atmospheric

13 Administration Corps immediately before such effec14 tive date.

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

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

17 period described in such paragraph, the Commerce

18 Programs Resolution Agency shall submit a report

19 to the Congress containing recommendations on the

20 appropriate disposition of the assets and functions of

21 the National Oceanic and Atmospheric Administra22 tion Corps.

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

24 the Interior—
48

•S 929 IS

1 (1) shall cease modernization of the National

2 Oceanic and Atmospheric Administration fleet of

3 vessels and terminate all new construction for that

4 fleet;

5 (2) shall promptly dispose of all assets com6 prising the National Oceanic and Atmospheric Ad7 ministration fleet; and

8 (3) may not purchase any vessels for the Na9 tional Oceanic and Atmospheric Administration.

10 (j) OFFICE OF OCEANIC AND ATMOSPHERIC RE11 SEARCH.—

12 (1) IN GENERAL.—Except as otherwise pro13 vided in paragraph (2) or (3), the Office of Oceanic

14 and Atmospheric Research shall be terminated.

15 (2) WEATHER RESEARCH.—Functions relating

16 to weather research of the Office of Oceanic and At17 mospheric Research shall be transferred to the Na18 tional Weather Service.

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

20 the Office of Oceanic and Atmospheric Research

21 shall be transferred to the Commerce Programs Res22 olution Agency.

23 (B) The Commerce Programs Resolution Agen24 cy shall attempt to sell the property of the labora25 tories of the Office of Oceanic and Atmospheric Re-
49

•S 929 IS

1 search, within 18 months after the effective date

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

3 intending to perform substantially the same func4 tions as were performed by the laboratories of the

5 Office of Oceanic and Atmospheric Research imme6 diately before such effective date.

7 (C) If no offer to purchase property under sub8 paragraph (B) is received within the 18-month pe9 riod described in such subparagraph, the Commerce

10 Programs Resolution Agency shall transfer the re11 maining laboratories to the Department of the Inte12 rior, which shall submit a report to the Congress

13 containing recommendations on the appropriate dis14 position of the property and functions of such lab15 oratories.

16 (k) NAUTICAL AND AERONAUTICAL CHARTING.—

17 (1) IN GENERAL.—The nautical and aero18 nautical charting functions of the National Oceanic

19 and Atmospheric Administration shall be transferred

20 to the Defense Mapping Agency.

21 (2) DEFENSE MAPPING AGENCY.—The Defense

22 Mapping Agency shall terminate any functions

23 transferred to it under paragraph (1) that are per24 formed by the private sector.

25 (l) NESDIS.—
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•S 929 IS

1 (1) NATIONAL ENVIRONMENTAL SATELLITE,

2 DATA, AND INFORMATION SYSTEM DATA CENTERS.—

3 (A) The National Environmental Satellite, Data,

4 and Information System Data Centers shall be

5 transferred to the Commerce Programs Resolution

6 Agency.

7 (B) The Commerce Programs Resolution Agen8 cy shall attempt to sell the property of the National

9 Environmental Satellite, Data, and Information Sys10 tem Data Centers, within 18 months after the effec11 tive date specified in section 213(a), to a private sec12 tor entity intending to perform substantially the

13 same functions as were performed by the National

14 Environmental Satellite, Data, and Information Sys15 tem Data Centers immediately before such effective

16 date.

17 (C) If no offer to purchase property under sub18 paragraph (B) is received within the 18-month pe19 riod described in such subparagraph, the Commerce

20 Programs Resolution Agency shall submit a report

21 to the Congress containing recommendations on the

22 appropriate disposition of the property and functions

23 of the National Environmental Satellite, Data, and

24 Information System Data Centers.
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1 (2) WEATHER SATELLITES.—Functions related

2 to weather satellites of the National Environmental

3 Satellite, Data, and Information System shall be

4 transferred to the National Weather Service.

5 (m) NATIONAL WEATHER SERVICE.—

6 (1) IN GENERAL.—The National Weather Serv7 ice is hereby transferred to the Department of the

8 Interior.

9 (2) TERMINATION OF SERVICES.—(A) The Na10 tional Weather Service shall terminate its specialized

11 agricultural, Marine Radiofax, and forestry weather

12 services, and its Regional Climate Centers.

13 (B) The National Weather Service may termi14 nate any other specialized weather services not re15 quired by law to be performed.

16 (n) NATIONAL MARINE FISHERIES SERVICE.—

17 (1) TRANSFER OF ENFORCEMENT FUNC18 TIONS.—There are transferred to the Secretary of

19 Transportation all functions relating to law enforce20 ment that on the day before the effective date of this

21 section were authorized to be performed by the Na22 tional Marine Fisheries Service.

23 (2) TRANSFER OF SCIENCE FUNCTIONS.—There

24 are transferred to the Director of the United States

25 Fish and Wildlife Service all functions relating to
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1 science that on the day before the effective date of

2 this section were authorized to be performed by the

3 National Marine Fisheries Service.

4 (3) TRANSFER OF SEAFOOD INSPECTION FUNC5 TIONS.—There are transferred to the Secretary of

6 Agriculture all functions relating to seafood inspec7 tion that on the day before the effective date of this

8 section were authorized to be performed by the Na9 tional Marine Fisheries Service.

10 (o) NATIONAL OCEAN SERVICE.—

11 (1) TRANSFER OF GEODESY FUNCTIONS.—

12 There are transferred to the Director of the United

13 States Geological Survey all functions relating to ge14 odesy that on the day before the effective date of

15 this section were authorized to be performed by the

16 National Ocean Service.

17 (2) TRANSFER OF MARINE AND ESTUARINE

18 SANCTUARY FUNCTIONS.—There are transferred to

19 the Secretary of the Interior all functions relating to

20 marine and estuarine sanctuaries that on the day

21 before the effective date of this section were author22 ized to be performed by the National Ocean Service.

23 (p) ENVIRONMENTAL RESEARCH LABORATORIES.—

24 (1) TRANSFER.—The environmental research

25 laboratories of the National Oceanic and Atmos-
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1 pheric Administration (other than laboratories of the

2 Office of Oceanic and Atmospheric Research, re3 ferred to in subsection (j)) shall be transferred to

4 the Commerce Programs Resolution Agency.

5 (2) DISPOSAL.—The Commerce Programs Res6 olution Agency shall attempt to sell the property of

7 the laboratories transferred under paragraph (1),

8 within 18 months after the effective date specified in

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

10 to perform substantially the same functions as were

11 performed by the laboratories before such effective

12 date.

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

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

15 period described in such paragraph, the Commerce

16 Programs Resolution Agency shall submit a report

17 to the Congress containing recommendations on the

18 appropriate disposition of the property and functions

19 of the laboratories transferred under paragraph (1).

20 SEC. 212. MISCELLANEOUS ABOLISHMENTS.

21 The following agencies and programs of the Depart22 ment of Commerce are abolished, and the functions of

23 those agencies or programs are abolished except to the ex24 tent otherwise provided in this Act:

25 (1) The Economic Development Administration.
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1 (2) The Minority Business Development Admin2 istration.

3 (3) The United States Travel and Tourism Ad4 ministration.

5 (4) The National Telecommunications and In6 formation Administration.

7 (5) The Advanced Technology Program under

8 section 28 of the National Institute of Standards

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

10 (6) The Manufacturing Extension Programs

11 under sections 25 and 26 of the National Institute

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

13 and 278l).

14 SEC. 213. EFFECTIVE DATE.

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

16 (b), this title shall take effect on the effective date speci17 fied in section 109(a).

18 (b) PROVISIONS EFFECTIVE ON DATE OF ENACT19 MENT.—The following provisions of this title shall take ef20 fect on the date of the enactment of this Act:

21 (1) Section 201.

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

23 (3) Section 212.
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1 SEC. 214. SENSE OF CONGRESS REGARDING USER FEES.

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

3 agency that performs a function vested in the agency by

4 this Act should, wherever feasible, explore and implement

5 user fees for the provision of services in the performance

6 of that function, to offset operating costs.

7 TITLE III—MISCELLANEOUS

8 PROVISIONS

9 SEC. 301. REFERENCES.

10 Any reference in any other Federal law, Executive

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

12 document of or pertaining to an office from which a func13 tion is transferred by this Act—

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

15 of the Department of Commerce, is deemed to refer

16 to the head of the department or office to which

17 such function is transferred; or

18 (2) to the Department of Commerce or an

19 agency in the department of Commerce is deemed to

20 refer to the department or office to which such func21 tion is transferred.

22 SEC. 302. EXERCISE OF AUTHORITIES.

23 Except as otherwise provided by law, a Federal offi24 cial to whom a function is transferred by this Act may,

25 for purposes of performing the function, exercise all au26 thorities under any other provision of law that were avail-
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1 able with respect to the performance of that function to

2 the official responsible for the performance of the function

3 immediately before the effective date of the transfer of the

4 function under this Act.

5 SEC. 303. SAVINGS PROVISIONS.

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

7 rules, regulations, permits, grants, loans, contracts, agree8 ments, certificates, licenses, and privileges—

9 (1) that have been issued, made, granted, or al10 lowed to become effective by the President, the Sec11 retary of Commerce, any officer or employee of any

12 office transferred by this Act, or any other Govern13 ment official, or by a court of competent jurisdic14 tion, in the performance of any function that is

15 transferred by this Act, and

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

17 such transfer (or become effective after such date

18 pursuant to their terms as in effect on such effective

19 date),

20 shall continue in effect according to their terms until

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

22 accordance with law by the President, any other author23 ized official, a court of competent jurisdiction, or operation

24 of law.
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1 (b) PROCEEDINGS.—This Act shall not affect any

2 proceedings or any application for any benefits, service,

3 license, permit, certificate, or financial assistance pending

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

5 transferred by this Act, but such proceedings and applica6 tions shall be continued. Orders shall be issued in such

7 proceedings, appeals shall be taken therefrom, and pay8 ments shall be made pursuant to such orders, as if this

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

10 proceeding shall continue in effect until modified, termi11 nated, superseded, or revoked by a duly authorized official,

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

13 law. Nothing in this subsection shall be considered to pro14 hibit the discontinuance or modification of any such pro15 ceeding under the same terms and conditions and to the

16 same extent that such proceeding could have been discon17 tinued or modified if this Act had not been enacted.

18 (c) SUITS.—This Act shall not affect suits com19 menced before the date of the enactment of this Act, and

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

21 and judgments rendered in the same manner and with the

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

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

24 or other proceeding commenced by or against the Depart25 ment of Commerce or the Secretary of Commerce, or by
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1 or against any individual in the official capacity of such

2 individual as an officer or employee of an office trans3 ferred by this Act, shall abate by reason of the enactment

4 of this Act.

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

6 Department of Commerce or the Commerce Programs

7 Resolution Agency in the official capacity of such officer

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

9 and under this Act such function is transferred to any

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

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

12 applicable, substituted or added as a party.

13 SEC. 304. TRANSFER OF ASSETS.

14 Except as otherwise provided in this Act, so much

15 of the personnel, property, records, and unexpended bal16 ances of appropriations, allocations, and other funds em17 ployed, used, held, available, or to be made available in

18 connection with a function transferred to an official or

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

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

21 as the Director of the Office of Management and Budget

22 directs for use in connection with the functions trans23 ferred.
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1 SEC. 305. DELEGATION AND ASSIGNMENT.

2 Except as otherwise expressly prohibited by law or

3 otherwise provided in this Act, an official to whom func4 tions are transferred under this Act (including the head

5 of any office to which functions are transferred under this

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

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

8 the official may designate, and may authorize successive

9 redelegations of such functions as may be necessary or ap10 propriate. No delegation of functions under this section

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

12 official to whom a function is transferred under this Act

13 of responsibility for the administration of the function.

14 SEC. 306. AUTHORITY OF ADMINISTRATOR WITH RESPECT

15 TO FUNCTIONS TRANSFERRED.

16 (a) DETERMINATIONS.—If necessary, the Adminis17 trator shall make any determination of the functions that

18 are transferred under this Act.

19 (b) INCIDENTAL TRANSFERS.—The Administrator,

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

21 may make such determinations as may be necessary with

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

23 make such additional incidental dispositions of personnel,

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

25 unexpended balances of appropriations, authorizations, al26 locations, and other funds held, used, arising from, avail-
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1 able to, or to be made available in connection with such

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

3 of this Act. The Administrator shall provide for the termi4 nation of the affairs of all entities terminated by this Act

5 and for such further measures and dispositions as may

6 be necessary to effectuate the purposes of this Act.

7 SEC. 307. PROPOSED CHANGES IN LAW.

8 Not later than 1 year after the date of enactment

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

10 Budget shall submit to the Congress a description of any

11 changes in Federal law necessary to reflect abolishments,

12 transfers, terminations, and disposals under this Act.

13 SEC. 308. CERTAIN VESTING OF FUNCTIONS CONSIDERED

14 TRANSFERS.

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

16 in a department or office pursuant to reestablishment of

17 an office shall be considered to be the transfer of the func18 tion.

19 SEC. 309. DEFINITIONS.

20 For purposes of this Act, the following definitions

21 apply:

22 (1) ADMINISTRATOR.—The term ‘‘Adminis23 trator’’ means the Administrator of the Commerce

24 Programs Resolution Agency.
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1 (2) AGENCY.—The term ‘‘Agency’’ means the

2 Commerce Programs Resolution Agency.

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

4 any duty, obligation, power, authority, responsibility,

5 right, privilege, activity, or program.

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

7 office, administration, agency, bureau, institute,

8 council, unit, organizational entity, or component

9 thereof.

10 (5) WIND-UP PERIOD.—The term ‘‘wind-up pe11 riod’’ means the period beginning on the effective

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

13 termination date specified in section 106(d).

14 SEC. 310. LIMITATION ON ANNUAL EXPENDITURES FOR

15 CONTINUED FUNCTIONS.

16 The amount expended by the United States each fis17 cal year for performance of a function which immediately

18 before the effective date of this section was authorized to

19 be performed by an agency, officer, or employee of the De20 partment of Commerce may not exceed 75 percent of the

21 total amount expended by the United States for perform22 ance of that function during fiscal year 1994.

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