I
105TH CONGRESS
1ST SESSION
H. R. 1319
To abolish the Department of Commerce.
IN THE HOUSE OF REPRESENTATIVES
APRIL 14, 1997
Mr. ROYCE introduced the following bill; which was referred to the Committee
on Commerce, and in addition to the Committees on Transportation and
Infrastructure, Banking and Financial Services, International Relations,
National Security, Agriculture, Ways and Means, Government Reform
and Oversight, the Judiciary, Science, and Resources, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee con-
cerned
A BILL
To abolish the Department of Commerce.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Department of Com-
merce Dismantling Act’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—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.
TITLE I—ABOLISHMENT OF
DEPARTMENT OF COMMERCE
SEC. 101. REESTABLISHMENT OF DEPARTMENT AS COM-
MERCE PROGRAMS RESOLUTION AGENCY.
(a) REESTABLISHMENT.—The Department of Com-
merce is hereby redesignated as the Commerce Programs
Resolution Agency, which shall be an independent agency
in the executive branch of the Government.
(b) ADMINISTRATOR.—
(1) IN GENERAL.—There shall be at the head
of the Agency an Administrator of the Agency, who
shall be appointed by the President, by and with the
advice and consent of the Senate. The Agency shall
be administered under the supervision and direction
of the Administrator. The Administrator shall re-
ceive compensation at the rate prescribed for level II
of the Executive Schedule under section 5313 of title
5, United States Code.
(2) 
INITIAL
APPOINTMENT
OF
ADMINIS-
TRATOR.—Notwithstanding any other provision of
this Act or any other law, the President may, at any
time after the date of the enactment of this Act, ap-
point an individual to serve as Administrator of the
Commerce Programs Resolution Agency (who may
be the Secretary of Commerce), as such position is
established under paragraph (1). An appointment
under this paragraph may not be construed to affect
the position of Secretary of Commerce or the au-
thority of the Secretary before the effective date
specified in section 109(a).
(c) DUTIES.—The Administrator shall be responsible
for—
(1) the administration and wind-up, during the
wind-up period, of all functions of the Administrator
pursuant to section 102 and the other provisions of
this Act;
(2) the administration and wind-up, during the
wind-up period, of any outstanding obligations of the
Federal Government under any programs terminated
or repealed by this Act; and
(3) taking such other actions as may be nec-
essary, before the termination date specified in sec-
tion 106(d), to wind up any outstanding affairs of
the Department of Commerce.
SEC. 102. FUNCTIONS.
Except to the extent a function is abolished or vested
in another official or agency by this Act, the Administrator
shall perform all functions that, immediately before the
effective date specified in section 109(a), were functions
of the Department of Commerce (or any office of the De-
partment) or were authorized to be performed by the Sec-
retary of Commerce or any other officer or employee of
the Department in the capacity as such officer or em-
ployee.
SEC. 103. DEPUTY ADMINISTRATOR.
The Agency shall have a Deputy Administrator, who
shall—
(1) be appointed by and report to the Adminis-
trator; and
(2) perform such functions as may be delegated
by the Administrator.
SEC. 104. CONTINUATION OF SERVICE OF DEPARTMENT
OFFICERS.
(a) CONTINUATION OF SERVICE OF SECRETARY.—
The individual serving on the effective date specified in
section 109(a) as the Secretary of Commerce may serve
and act as Administrator until the date an individual is
appointed under this title to the position of Administrator,
or until the end of the 120-day period provided for in sec-
tion 3348 of title 5, United States Code (relating to limita-
tions on the period of time a vacancy may be filled tempo-
rarily), whichever is earlier.
(b) CONTINUATION OF SERVICE OF OTHER OFFI-
CERS.—An individual serving on the effective date speci-
fied in section 109(a) as an officer of the Department of
Commerce other than the Secretary of Commerce may
continue to serve and act in an equivalent capacity in the
Agency until the date an individual is appointed under this
title to the position of Administrator, or until the end of
the 120-day period provided for in section 3348 of title
5, United States Code (relating to limitations on the pe-
riod of time a vacancy may be filled temporarily) with re-
spect to that appointment, whichever is earlier.
(c) COMPENSATION FOR CONTINUED SERVICE.—Any
person—
(1) who serves as the Administrator under sub-
section (a), or
(2) who serves under subsection (b),
after the effective date specified in section 109(a) and be-
fore the first appointment of a person as Administrator
shall continue to be compensated for so serving at the rate
at which such person was compensated before such effec-
tive date.
SEC. 105. REORGANIZATION.
The Administrator may allocate or reallocate any
function of the Agency pursuant to this Act among the
officers of the Agency, and may establish, consolidate,
alter, or discontinue in the Commerce Programs Resolu-
tion Agency any organizational entities that were entities
of the Department of Commerce, as the Administrator
considers necessary or appropriate.
SEC. 106. ABOLISHMENT OF COMMERCE PROGRAMS RESO-
LUTION AGENCY.
(a) IN GENERAL.—Effective on the termination date
specified in subsection (d), the Commerce Programs Reso-
lution Agency is abolished.
(b) ABOLITION OF FUNCTIONS.—Except for func-
tions transferred or otherwise continued by this Act, all
functions that, immediately before the termination date
specified in subsection (d), were functions of the Com-
merce Programs Resolution Agency are abolished effective
on that termination date.
(c) PLAN FOR WINDING UP AFFAIRS.—Not later
than the effective date specified in section 109(a), the
President shall submit to the Congress a plan for winding
up the affairs of the Agency in accordance with this Act
and by not later than the termination date specified in
subsection (d).
(d) TERMINATION DATE.—The termination date
under this subsection is the date that is 3 years after the
date of the enactment of this Act.
SEC. 107. GAO REPORT.
Not later than 180 days after the date of enactment
of this Act, the Comptroller General of the United States
shall submit to the Congress a report which shall include
recommendations for the most efficient means of achiev-
ing, in accordance with this Act—
(1) the complete abolishment of the Depart-
ment of Commerce; and
(2) the termination or transfer or other con-
tinuation of the functions of the Department of
Commerce.
SEC. 108. CONFORMING AMENDMENTS.
(a) PRESIDENTIAL SUCCESSION.—Section 19(d)(1)
of title 3, United States Code, is amended by striking
‘‘Secretary of Commerce,’’.
(b) EXECUTIVE DEPARTMENTS.—Section 101 of title
5, United States Code, is amended by striking the follow-
ing item:
‘‘The Department of Commerce.’’.
(c) SECRETARY’S COMPENSATION.—Section 5312 of
title 5, United States Code, is amended by striking the
following item:
‘‘Secretary of Commerce.’’.
(d) COMPENSATION FOR POSITIONS AT LEVEL III.—
Section 5314 of title 5, United States Code, is amended—
(1) by striking the following item:
‘‘Under Secretary of Commerce, Under Sec-
retary of Commerce for Economic Affairs, Under
Secretary of Commerce for Export Administration
and Under Secretary of Commerce for Travel and
Tourism.’’;
(2) by striking the following item:
‘‘Under Secretary of Commerce for Oceans and
Atmosphere, the incumbent of which also serves as
Administrator of the National Oceanic and Atmos-
pheric Administration.’’; and
(3) by striking the following item:
‘‘Under Secretary of Commerce for Tech-
nology.’’.
(e) COMPENSATION FOR POSITIONS AT LEVEL IV.—
Section 5315 of title 5, United States Code, is amended—
(1) by striking the following items:
‘‘Assistant Secretaries of Commerce (11).’’;
(2) by striking the following item:
‘‘General Counsel of the Department of Com-
merce.’’;
(3) by striking the following item:
‘‘Associate Secretary of Commerce for Oceans
and Atmosphere, the incumbent of which also serves
as Deputy Administrator of the National Oceanic
and Atmospheric Administration.’’;
(4) by striking the following item:
‘‘Director, National Institute of Standards and
Technology, Department of Commerce.’’;
(5) by striking the following item:
‘‘Inspector 
General, 
Department 
of 
Com-
merce.’’;
(6) by striking the following item:
‘‘Chief Financial Officer, Department of Com-
merce.’’; and
(7) by striking the following item:
‘‘Director, Bureau of the Census, Department
of Commerce.’’.
(f) COMPENSATION FOR POSITIONS AT LEVEL V.—
Section 5316 of title 5, United States Code, is amended—
(1) by striking the following item:
‘‘Director, United States Travel Service, De-
partment of Commerce.’’; and
(2) by striking the following item:
‘‘National Export Expansion Coordinator, De-
partment of Commerce.’’.
(g) INSPECTOR GENERAL ACT OF 1978.—The In-
spector General Act of 1978 (5 U.S.C. App.) is amend-
ed—
(1) in section 9(a)(1), by striking subparagraph
(B);
(2) in section 11(1), by striking ‘‘Commerce,’’;
and
(3) in section 11(2), by striking ‘‘Commerce,’’;
SEC. 109. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), this title shall take effect on the date that is 6 months
after the date of the enactment of this Act.
(b) PROVISIONS EFFECTIVE ON DATE OF ENACT-
MENT.—The following provisions of this title shall take ef-
fect on the date of the enactment of this Act:
(1) Section 101(b).
(2) Section 106(c).
(3) Section 107.
TITLE II—DISPOSITION OF PAR-
TICULAR PROGRAMS, FUNC-
TIONS, AND AGENCIES OF DE-
PARTMENT OF COMMERCE
SEC. 201. ECONOMIC DEVELOPMENT.
(a) TERMINATED FUNCTIONS.—The Public Works
and Economic Development Act of 1965 (42 U.S.C. 3121
et seq.) is repealed.
(b) TRANSFER OF FINANCIAL OBLIGATIONS OWED
TO THE DEPARTMENT.—There are transferred to the Sec-
retary of the Treasury the loans, notes, bonds, debentures,
securities, and other financial obligations owned by the
Department of Commerce under the Public Works and
Economic Development Act of 1965, together with all as-
sets or other rights (including security interests) incident
thereto, and all liabilities related thereto. There are as-
signed to the Secretary of the Treasury the functions,
powers, and abilities vested in or delegated to the Sec-
retary of Commerce or the Department of Commerce to
manage, service, collect, sell, dispose of, or otherwise real-
ize proceeds on obligations owed to the Department of
Commerce under authority of such Act with respect to any
loans, obligations, or guarantees made or issued by the
Department of Commerce pursuant to such Act.
(c) AUDIT.—Not later than 18 months after the date
of the enactment of this Act, the Comptroller General shall
conduct an audit of all grants made or issued by the De-
partment of Commerce under the Public Works and Eco-
nomic Development Act of 1965 in fiscal year 1995 and
all loans, obligations, and guarantees and shall transmit
to Congress a report on the results of such audit.
SEC. 202. EXPORT CONTROL FUNCTIONS.
(a) TRANSFER TO SECRETARY OF STATE.—
(1) IN GENERAL.—Except as provided in this
section, all functions of the Secretary of Commerce,
the Under Secretary of Commerce for Export Ad-
ministration, the 2 Assistant Secretaries of Com-
merce appointed under section 15(a) of the Export
Administration Act of 1979 (50 U.S.C. 2414(a)),
and the Department of Commerce, on the day before
the effective date specified in section 109(a), under
the Export Administration Act of 1979 are trans-
ferred to the Secretary of State.
(2) CONSULTATION
WITH
USTR.—The Sec-
retary of State shall consult with the United States
Trade Representative with respect to licensing deci-
sions under the Export Administration Act of 1979.
(b) SHORT SUPPLY CONTROLS.—All functions of the
Secretary of Commerce, on the day before the effective
date specified in section 109(a), under section 7 of the
Export Administration Act of 1979 (50 U.S.C. 2406), and
under all other provisions of that Act to the extent that
such provisions apply to section 7, are transferred to the
President.
(c) ENFORCEMENT.—
(1) GENERAL TRANSFER.—All functions of the
Secretary of Commerce and the Department of Com-
merce, on the day before the effective date specified
in section 109(a), under sections 11(c), 12, and 13
(c), (d), and (e) of the Export Administration Act of
1979 (50 U.S.C. App. 2410(c), 2411, and 2412 (c),
(d), and (e)) are transferred to the Secretary of the
Treasury.
(2) TRANSFER
OF
ENFORCEMENT
PERSON-
NEL.—Not more than 60 United States special
agents of the Bureau of Export Administration of
the Department of Commerce who, on the day be-
fore the effective date specified in section 109(a),
were assigned to perform functions under section
12(a) of the Export Administration Act of 1979 may
be transferred to the Customs Service to carry out
functions transferred by paragraph (1). The Direc-
tor of the Office of Management and Budget shall
determine the special agents to be transferred under
this paragraph.
(d) ANTI-BOYCOTT COMPLIANCE.—All functions of
the Secretary of Commerce and the Department of Com-
merce, on the day before the effective date specified in
section 109(a), under section 8 of the Export Administra-
tion Act of 1979 (50 U.S.C. 2407), and under all other
provisions of that Act to the extent that such provisions
apply to section 8, are transferred to the Attorney Gen-
eral.
(e) TERMINATION OF OFFICE OF FOREIGN AVAIL-
ABILITY; APPOINTMENT OF INDUSTRIES BOARD.—
(1) TERMINATION OF OFFICE.—(A) The Office
of Foreign Availability established under section
5(f)(6) of the Export Administration Act of 1979
(50 U.S.C. 2404(f)(6)) is abolished.
(2) CONFORMING
AMENDMENT.—Section 5(f)
of the Export Administration Act of 1979 (50
U.S.C. App. 2404(f)) is amended by striking para-
graph (6).
(3) APPOINTMENT
OF
INDUSTRIES
BOARD.—
The President shall appoint an industries board,
composed of representatives of industries affected by
matters relating to foreign availability under the Ex-
port Administration Act of 1979, to advise the Sec-
retary of State with respect to such matters, except
that no Federal funds may be made available to the
industries board to carry out its functions.
(f) BUYING POWER MAINTENANCE ACCOUNT.—The
authority of the Secretary of Commerce under section 108
of title I of Public Law 100–202 (101 Stat. 1329–7) to
establish a Buying Power Maintenance account is trans-
ferred to the Secretary of State for purposes of carrying
out functions under the Export Administration Act of
1979 that are transferred to the Secretary of State under
this section.
(g) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) Section 15(a) of the Export Administration
Act of 1979 (50 U.S.C. 2414(a)) is repealed.
(2) The Office of the Under Secretary of Com-
merce for Export Administration is abolished.
SEC. 203. NATIONAL SECURITY FUNCTIONS.
(a) TRANSFER OF FUNCTIONS.—Functions of the
Secretary of Commerce immediately before the effective
date specified in section 109(a)—
(1) under section 232 of the Trade Expansion
Act of 1962 (19 U.S.C. 1862) are transferred to the
International Trade Commission;
(2) under section 309 of the Defense Produc-
tion Act of 1950 (50 U.S.C. App. 2099) are trans-
ferred to the Secretary of Defense; and
(3) under section 722 of the Defense Produc-
tion Act of 1950 (50 U.S.C. App. 2171) are trans-
ferred to the Secretary of the Treasury.
(b) NATIONAL DEFENSE TECHNOLOGY AND INDUS-
TRIAL BASE COUNCIL.—Section 2502(b) of title 10, Unit-
ed States Code, is amended by striking paragraph (3) and
redesignating paragraphs (4) and (5) as paragraphs (3)
and (4), respectively.
(c) APPOINTMENT OF COMMITTEES OF INDUSTRY
REPRESENTATIVES.—The President should appoint com-
mittees composed of representatives of appropriate indus-
tries to advise the National Security Council with respect
to those matters affecting industry addressed by the Sec-
retary of Commerce to the National Security Council be-
fore the effective date specified in section 109(a).
SEC. 204. INTERNATIONAL TRADE FUNCTIONS.
(a) TARIFF ACT OF 1930; URUGUAY ROUND AGREE-
MENTS ACT.—
(1) TRANSFER TO UNITED STATES TRADE REP-
RESENTATIVE.—All functions of the International
Trade Administration of the Department of Com-
merce, immediately before the effective date speci-
fied in section 109(a), under titles III and VII of the
Tariff Act of 1930, and all functions of the admin-
istering authority and the Secretary of Commerce
under the Uruguay Round Agreements Act (19
U.S.C. 3501 and following), are transferred to the
United States Trade Representative.
(2) 
CONFORMING
AMENDMENT.—Section
771(1) of the Tariff Act of 1930 (19 U.S.C.
1677(1)) is amended by striking ‘‘Secretary of Com-
merce’’ and inserting ‘‘United States Trade Rep-
resentative’’.
(b) FOREIGN TRADE ZONES BOARD.—Subsection (b)
of the first section of the Act of June 18, 1934 (commonly
referred to as the ‘‘Foreign Trade Zones Act’’) (19 U.S.C.
81a(b)) is amended by striking ‘‘Secretary of Commerce,
who shall be chairman and executive officer of the Board,
the Secretary of the Treasury’’ and inserting ‘‘Secretary
of the Treasury, who shall be chairman and executive offi-
cer of the Board, the United States Trade Representa-
tive’’.
(c) UNITED STATES
AND FOREIGN COMMERCIAL
SERVICE.—
(1) RENAMING
AND
ABOLITION
OF
CERTAIN
FUNCTIONS.—The United States and Foreign Com-
mercial Service shall, upon the effective date speci-
fied in section 109(a), be known as the ‘‘United
States Foreign Commercial Service’’ (hereafter in
this subsection referred to as the ‘‘Commercial Serv-
ice’’). All operations of the Commercial Service in
the United States (other than those performed at
the headquarters office referred to in section
2301(c) of the Export Enhancement Act of 1988
(15 U.S.C. 4721(c))) with respect to the foreign op-
erations of the Commercial Service) are abolished.
(2) TRANSFER
TO
USTR.—The Commercial
Service and its functions are transferred to the Unit-
ed States Trade Representative. All functions per-
formed immediately before the effective date speci-
fied in section 109(a) by the Secretary of Commerce
or the Department of Commerce with respect to the
Commercial Service are transferred to the United
States Trade Representative.
(3) DIRECTOR GENERAL.—(A) The head of the
Commercial Service shall, as of the effective date
specified in section 109(a), be the Director General
of the United States Foreign Commercial Service.
(B) Section 5315 of title 5, United States Code,
is amended by striking ‘‘Assistant Secretary of Com-
merce and Director General of the United States
and Foreign Commercial Service’’ and inserting ‘‘Di-
rector General of the United States Foreign Com-
mercial Service.’’.
(C) The individual serving as Assistant Sec-
retary of Commerce and Director General of the
United States and Foreign Commercial Service im-
mediately before the effective date specified in sec-
tion 109(a) may serve as the Director General of the
United States Foreign Commercial Service on and
after such effective date until a successor has taken
office. Compensation for any service under this sub-
paragraph shall be at the rate at which the individ-
ual was compensated immediately before the effec-
tive date specified in section 109(a).
(4) TRANSFER OF COMMERCIAL SERVICE OFFI-
CERS.—The transfer to the United States Trade
Representative pursuant to this section of any Com-
mercial Service Officer serving immediately before
the effective date specified in section 109(a) shall
not cause such officer to be reduced in rank, grade,
or compensation.
(d) EXPORT PROMOTION PROGRAMS.—
(1) TRANSFER.—All export promotion pro-
grams (as defined in section 201(d) of the Export
Administration Amendments Act of 1985 (15 U.S.C.
4051(d))) carried out by the Secretary of Commerce
or the Department of Commerce immediately before
the effective date specified in section 109(a) are
transferred to the United States Trade Representa-
tive.
(2) PRIVATE FUNDING.—With respect to any
program transferred under paragraph (1), no funds
made available to the United States Trade Rep-
resentative may be used in carrying out such pro-
gram, but the United States Trade Representative
may require the persons to whom services are pro-
vided by the Office of the United States Trade Rep-
resentative under such program to pay for such serv-
ices.
(e) TRADE INFORMATION.—All functions of the Sec-
retary of Commerce under the International Investment
and Trade in Services Survey Act (22 U.S.C. 3101 and
following) are transferred to the Secretary of the Treas-
ury.
(f) INTERNATIONAL ECONOMIC POLICY.—All func-
tions performed by the Assistant Secretary of Commerce
for International Economic Policy and the Office of Inter-
national Economic Policy of the Department of Commerce
immediately before the effective date specified in section
109(a) are abolished.
(g) FUNCTIONS WITH RESPECT TO TEXTILE AGREE-
MENTS.—
(1) TRANSFER OF FUNCTIONS.—Notwithstand-
ing the provisions of Executive Order 11651 and
Executive Order 12475 (7 U.S.C. 1854 note), the
functions of the Committee for the Implementation
of Textile Agreements (hereafter in this subsection
referred to as ‘‘CITA’’) are transferred as follows:
(A) All functions related to policy formula-
tion for textile and apparel trade, including the
negotiation and implementation of textile and
apparel trade agreements, and all related activi-
ties performed by CITA immediately before the
effective date specified in section 109(a), and
not specified in subparagraphs (B) through
(D), are transferred to the United States Trade
Representative.
(B) All functions related to economic anal-
ysis of textile and apparel trade patterns, deter-
mination of serious damage, or actual threat
thereof, to domestic United States industry and
related safeguards matters, including the tran-
sitional safeguard provisions under Article 6 of
the Agreement on Textiles and Clothing re-
ferred to in section 101(d)(4) of the Uruguay
Round Agreements Act (19 U.S.C. 3511(d)(4)),
and analysis of the impact of foreign tariff and
nontariff barriers on textile and apparel trade,
and all related activities performed by CITA
immediately before the effective date specified
in section 109(a), are transferred to the Inter-
national Trade Commission.
(C) All functions related to the promotion
and foreign market expansion of United States
textile and apparel production are transferred
to the United States Foreign Commercial Serv-
ice.
(D) All functions related to monitoring
quota utilization and enforcement, and actions
to address the circumvention of quotas, as de-
scribed in the statement of administrative ac-
tion accompanying the Uruguay Round Agree-
ments (as defined in section 2 of the Uruguay
Round Agreements Act (19 U.S.C. 3501)), are
transferred to the Secretary of the Treasury.
(2) ABOLITION OF CITA.—CITA is abolished.
(h) FAIR TRADE IN AUTO PARTS.—All functions of
the Secretary of Commerce under the Fair Trade in Auto
Parts Act of 1988 (15 U.S.C. 4701 and following) are
transferred to the International Trade Commission.
(i) OTHER TRADE FUNCTIONS.—
(1) INTERAGENCY TRADE ORGANIZATION.—The
President shall provide for the direct participation
by representatives of industry on the Interagency
Trade Organization established under section 242 of
the Trade Expansion Act of 1962 (19 U.S.C. 1872),
to carry out appropriate functions of the Secretary
of Commerce as a member of such organization be-
fore the effective date specified in section 109(a).
(2) EXPORT
TRADING
COMPANIES.—(A) The
functions of the Secretary of Commerce under the
Export Trading Company Act of 1982 (15 U.S.C.
4001–4003), and the Office of Export Trade estab-
lished under section 104 of that Act, are abolished.
(B) The functions of the Secretary of Com-
merce under title III of the Act of October 8, 1982
(15 U.S.C. 4011 and following), are transferred to
the Secretary of the Treasury.
(C) CONFORMING AMENDMENTS.—(i) The Ex-
port Trading Company Act of 1982 (15 U.S.C.
4001–4003) is repealed.
(ii) The section heading for section 301 of the
Act of October 8, 1982 (15 U.S.C. 4011), is amend-
ed by striking ‘‘COMMERCE’’ and inserting ‘‘TREAS-
URY’’.
(iii) Section 311(7) of the Act of October 8,
1982 (15 U.S.C. 4021(7)), is amended by striking
‘‘Commerce’’ and inserting ‘‘Treasury’’.
(j) APPOINTMENT
OF INDUSTRIES BOARDS.—The
President shall appoint industries boards, composed of
representatives of industries in the private sector, to ad-
vise the Secretary of the Treasury and the United States
Trade Representative with respect to functions transferred
to them under this section.
(k) GIFTS AND BEQUESTS.—
(1) IN GENERAL.—The Secretary of State, the
Secretary of the Treasury, and the United States
Trade Representative are authorized to accept, hold,
administer, and utilize gifts and bequests of prop-
erty, both real and personal, for the purpose of aid-
ing or facilitating the performance of functions
shall be deposited to the credit of the fund, and shall
be disbursed upon order of the Secretary of State,
the Secretary of the Treasury, or the United States
Trade Representative.
(l) INFORMATION SHARING.—It is the sense of the
Congress that any department or agency of the United
States that compiles information on international econom-
ics or trade make that information available to other de-
partments and agencies performing functions relating to
international trade.
(m) 
TRADE
ADJUSTMENT
ASSISTANCE
FOR
FIRMS.—Chapter 3 of title II of the Trade Act of 1974
(19 U.S.C. 2341 and following) and the items relating to
such chapter in the table of contents for that Act, are re-
pealed.
SEC. 205. PATENT AND TRADEMARK OFFICE.
(a) TRANSFER TO DEPARTMENT OF JUSTICE.—Ef-
fective as of the date specified in section 109(a)—
(1) the Patent and Trademark Office shall be
transferred to the Department of Justice; and
(2) all functions which, immediately before such
date, are functions of the Secretary of Commerce
under title 35, United States Code, the Act of July
5, 1946 (commonly referred to as the ‘‘Trademark
Act of 1946’’) (15 U.S.C. 1051 and following), or
any other provision of law with respect to the func-
tions of the Patent and Trademark Office, are trans-
ferred to the Attorney General.
(b) ADJUSTMENT OF FEES.—Section 41(f) of title
31, United States Code, is amended to read as follows:
‘‘(f) The Commissioner may adjust the fees estab-
lished under this section on October 1 of each year to
cover the estimated cost of the activities of the Office.’’.
(c) SERVICE
OF INCUMBENTS.—Those individuals
serving as Commissioner of Patents and Trademarks,
Deputy Commissioner of Patents and Trademarks, Assist-
ant Commissioner of Patents, and Assistant Commis-
sioner of Trademarks, immediately before the effective
date specified in section 109(a), may continue in such of-
fice on and after such effective date until a successor has
taken office. Compensation for any service under this sub-
section shall be at the rate at which the individual was
compensated immediately before the effective date speci-
fied in section 109(a).
(d) RULE OF CONSTRUCTION.—For purposes of title
III, the transfer of the Patent and Trademark Office to
the Department of Justice under this section shall be
treated as if it involved a transfer of functions from one
office to another.
(e) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) Section 1 of title 35, United States Code,
is amended to read as follows:
‘‘§ 1. Establishment
‘‘The Patent and Trademark Office is an agency of
the United States within the Department of Justice, where
records, books, drawings, specifications, and other papers
and things pertaining to patents and trademark registra-
tions shall be kept and preserved, except as otherwise pro-
vided by law.’’.
(2) Title 35, United States Code, is amended by
striking ‘‘Secretary of Commerce’’ each place it ap-
pears and inserting ‘‘Attorney General’’.
(3) Section 3 of title 35, United States Code,
is amended by striking subsection (d).
(4) Section 5316 of title 5, United States Code,
is amended by striking
‘‘Commissioner of Patents, Department of
Commerce.’’
and inserting
‘‘Commissioner of Patents and Trademarks.’’.
SEC. 206. TECHNOLOGY ADMINISTRATION.
(a) TECHNOLOGY ADMINISTRATION.—
(1) GENERAL RULE.—Except as otherwise pro-
vided in this section, the Technology Administration
shall be terminated on the effective date specified
in section 213(a).
(2) OFFICE OF TECHNOLOGY POLICY.—The Of-
fice of Technology Policy is hereby terminated.
(b) NATIONAL
INSTITUTE
OF
STANDARDS
AND
TECHNOLOGY.—
(1) GENERAL RULE.—Except as otherwise pro-
vided in this subsection, the National Institute of
Standards and Technology (in this subsection re-
ferred to as the ‘‘Institute’’) shall be transferred to
the National Science Foundation.
(2) FUNCTIONS OF DIRECTOR.—Except as oth-
erwise provided in this subsection, upon the transfer
under paragraph (1), the Director of the Institute
shall perform all functions relating to the Institute
that, immediately before the effective date specified
in section 213(a), were functions of the Secretary of
Commerce or the Under Secretary of Commerce for
Technology, including the administration of section
17 of the Stevenson-Wydler Technology Innovation
Act of 1980.
(3) LABORATORIES.—(A) The laboratories of
the Institute shall be transferred to the Commerce
Programs Resolution Agency.
(B) The Commerce Programs Resolution Agen-
cy shall attempt to sell the property of the labora-
tories of the Institute, within 18 months after the
effective date specified in section 213(a), to a private
sector entity intending to perform substantially the
same functions as were performed by the labora-
tories of the Institute immediately before such effec-
tive date.
(C) If no offer to purchase property under sub-
paragraph (B) is received within the 18-month pe-
riod described in such subparagraph, the Commerce
Programs Resolution Agency shall submit a report
to the Congress containing recommendations on the
appropriate disposition of the property and functions
of the laboratories of the Institute.
(c) NATIONAL
TECHNICAL
INFORMATION
SERV-
ICE.—
(1) SALE OF PROPERTY.—The Commerce Pro-
grams Resolution Agency shall attempt to sell the
property of the National Technical Information
Service, within 18 months after the effective date
specified in section 213(a), to a private sector entity
intending to perform substantially the same func-
tions as were performed by the National Technical
Information Service immediately before such effec-
tive date.
(2) RECOMMENDATIONS.—If no offer to pur-
chase property under paragraph (1) is received with-
in the 18-month period described in such paragraph,
the Commerce Programs Resolution Agency shall
submit a report to the Congress containing rec-
ommendations on the appropriate disposition of the
property and functions of the National Technical In-
formation Service.
(3) FUNDING.—No Federal funds may be ap-
propriated for the National Technical Information
Service for any fiscal year after fiscal year 1997.
(d) AMENDMENTS.—
(1) NATIONAL INSTITUTE OF STANDARDS AND
TECHNOLOGY
ACT.—The National Institute of
Standards and Technology Act (15 U.S.C. 271 et
seq.) is amended—
(A) in section 2(b), by striking paragraph
(1) and redesignating paragraphs (2) through
(11) as paragraphs (1) through (10), respec-
tively;
(B) in section 2(d), by striking ‘‘, including
the programs established under sections 25, 26,
and 28 of this Act’’;
(C) in section 10, by striking ‘‘Advanced’’
in both the section heading and subsection (a),
and inserting in lieu thereof ‘‘Standards and’’;
and
(D) by striking sections 24, 25, 26, and
28.
(2) STEVENSON-WYDLER TECHNOLOGY INNOVA-
TION
ACT
OF
1980.—The Stevenson-Wydler Tech-
nology Innovation Act of 1980 (15 U.S.C. 3701 et
seq.) is amended—
(A) in section 3, by striking paragraph (2)
and redesignating paragraphs (3) through (5)
as paragraphs (2) through (4), respectively;
(B) in section 4, by striking paragraphs
(1), (4), and (13) and redesignating paragraphs
(2), (3), (5), (6), (7), (8), (9), (10), (11), and
(12) as paragraphs (1) through (10), respec-
tively;
(C) by striking sections 5, 6, 7, 8, 9, and
10;
(D) in section 11—
(i) by striking ‘‘, the Federal Labora-
tory Consortium for Technology Transfer,’’
in subsection (c)(3);
(ii) by striking ‘‘and the Federal Lab-
oratory Consortium for Technology Trans-
fer’’ in subsection (d)(2);
(iii) by striking ‘‘, and refer such re-
quests’’ and all that follows through ‘‘avail-
able to the Service’’ in subsection (d)(3);
and
(iv) by striking subsection (e); and
(E) in section 17—
(i) by striking ‘‘Subject to paragraph
(2), separate’’ and inserting in lieu thereof
‘‘Separate’’ in subsection (c)(1);
(ii) by striking paragraph (2) of sub-
section (c);
(iii) by redesignating paragraph (3) of
subsection (c) as paragraph (2); and
(iv) by inserting ‘‘administrative’’
after ‘‘funds to carry out’’ in subsection
(f).
SEC. 207. REORGANIZATION OF THE BUREAU OF THE
CENSUS.
(a) IN GENERAL.—Effective as of the date specified
in section 213(a)—
(1) the Bureau of the Census shall be trans-
ferred to the Department of the Treasury; and
(2) all functions which, immediately before such
date, are functions of the Secretary of Commerce
under title 13, United States Code, shall be trans-
ferred to the Secretary of the Treasury.
(b) INTERIM SERVICE.—The individual serving as the
Director of the Census immediately before the reorganiza-
tion under this section takes effect may continue serving
in that capacity until a successor has taken office. Com-
pensation for any service under this subsection shall be
at the rate at which such individual was compensated im-
mediately before the effective date of the reorganization.
(c) SENSE OF THE CONGRESS.—It is the sense of the
Congress that the Bureau of the Census should—
(1) make appropriate use of any authority af-
forded to it by the Census Address List Improve-
ment Act of 1994 (Public Law 103–430; 108 Stat.
4393), and take measures to ensure the timely im-
plementation of such Act; and
(2) streamline census questionnaires to promote
savings in the collection and tabulation of data.
(d) AMENDMENTS.—Effective as of the date specified
in section 213(a)—
(1) TRANSFER OF THE BUREAU TO THE DE-
PARTMENT OF THE TREASURY.—(A) Section 2 of
title 13, United States Code, is amended by striking
‘‘is continued as’’ through the period and inserting
‘‘is an agency within, and under the jurisdiction of,
the Department of the Treasury.’’.
(B) Subsection (e) of section 12 of the Act of
February 14, 1903 (15 U.S.C. 1511(e)) is repealed.
(2) DEFINITION
OF
SECRETARY.—Title 13,
United States Code, is amended in section 1(2) by
striking ‘‘Secretary of Commerce’’ and inserting
‘‘Secretary of the Treasury’’.
(3) REFERENCES IN TITLE 13, UNITED STATES
CODE, TO THE DEPARTMENT OF COMMERCE.—Title
13, United States Code, is amended in sections 4,
9(a), 23(b), 24(e), 44, 103, 132, 211, 213(b)(2),
221, 222, 223, 224, 225(a), and 241 by striking
‘‘Department of Commerce’’ each place it appears
and inserting ‘‘Department of the Treasury’’.
(4) PROVISIONS RELATING TO THE SECRETARY
OF THE TREASURY.—(A) Section 302 of title 13,
United States Code, is amended by striking the last
sentence thereof.
(B) Section 303 of title 13, United States Code,
and the item relating to such section in the analysis
for chapter 9 of such title are repealed.
(C) Section 304(a) of title 13, United States
Code, is amended—
(i) by striking ‘‘Secretary of the Treasury’’
each place it appears and inserting ‘‘Secretary’’;
and
(ii) by striking ‘‘Secretary of Commerce’’
and inserting ‘‘Secretary’’.
(D)(i) Section 401(a) of title 13, United States
Code, is amended by striking ‘‘Secretary of Com-
merce’’ and inserting ‘‘Secretary’’.
(ii) Section 8(e) of the Foreign Direct Invest-
ment and International Financial Data Improve-
ments Act of 1990 (22 U.S.C. 3144(e)) is amended
by striking ‘‘Secretary of Commerce’’ and inserting
‘‘Secretary of the Treasury’’.
(iii) Section 401(a) of title 13, United States
Code, is amended by striking ‘‘Department of Com-
merce’’ and inserting ‘‘Federal Reserve System’’.
(5) COMPENSATION FOR THE POSITION OF DI-
RECTOR OF THE CENSUS.—Section 5315 of title 5,
United States Code, as amended by paragraph (7)
of section 108(e), is further amended by inserting
(in lieu of the item struck by such paragraph) the
following new item:
‘‘Director of the Census, Department of the
Treasury.’’.
(6) CONFIDENTIALITY.—Section 9 of title 13,
United States Code, is amended by adding at the
end the following:
‘‘(c)(1) Nothing in subsection (a)(3) shall be consid-
ered to permit the disclosure of any matter or information
to an officer or employee of the Department of the Treas-
ury who is not referred to in subchapter II if, immediately
before the date specified in section 213(a) of the Depart-
ment of Commerce Dismantling Act, such disclosure (if
then made by an officer or employee of the Department
of Commerce) would have been impermissible under this
section (as then in effect).
‘‘(2) Paragraph (1) shall not apply with respect to
any disclosure made to the Secretary.’’.
(e) RULE OF CONSTRUCTION.—For purposes of title
III, the reorganization of the Bureau of the Census under
this section shall be treated as if it involved a transfer
of functions from one office to another.
SEC. 208. REORGANIZATION OF THE BUREAU OF ECO-
NOMIC ANALYSIS.
(a) IN GENERAL.—Effective as of the date specified
in section 213(a)—
(1) the Bureau of Economic Analysis shall be
transferred to the Federal Reserve System; and
(2) all functions which, immediately before such
date, are functions of the Secretary of Commerce
with respect to the Bureau of Economic Analysis
shall be transferred to the Chairman of the Board
of Governors of the Federal Reserve System.
(b) INTERIM SERVICE.—The individual serving as the
Director of the Bureau of Economic Analysis immediately
before the reorganization under this section takes effect
may continue serving in that capacity until a successor
has taken office. Compensation for any service under this
subsection shall be at the rate at which such individual
was compensated immediately before the effective date of
the reorganization.
(c) REPORTS.—Not later than 18 months after the
date of the enactment of this Act, the Director of the Bu-
reau of Economic Analysis shall submit to the Congress
a written report on—
(1) the availability of any private sector re-
sources that may be capable of performing any or all
of the functions of the Bureau of Economic Analy-
sis, and the feasibility of having any such functions
so performed; and
(2) the feasibility of implementing a system
under which fees may be assessed by the Bureau of
Economic Analysis in order to defray the costs of
any services performed by the Bureau of Economic
Analysis, when such services are performed other
than on behalf of the Federal Government or an
agency or instrumentality thereof.
(d) RULE OF CONSTRUCTION.—For purposes of title
III, the reorganization of the Bureau of Economic Analy-
sis under this section shall be treated as if it involved a
transfer of functions from one office to another.
SEC. 209. TERMINATED FUNCTIONS OF NTIA.
The following provisions of law are repealed:
(1) Subpart A of part IV of title III of the
Communications Act of 1934 (47 U.S.C. 390 et
seq.), relating to assistance for public telecommuni-
cations facilities.
(2) Subpart B of part IV of title III of the
Communications Act of 1934 (47 U.S.C. 394 et
seq.), relating to the Endowment for Children’s
Educational Television.
(3) Subpart C of part IV of title III of the
Communications Act of 1934 (47 U.S.C. 395 et
seq.), relating to Telecommunications Demonstration
grants.
SEC. 210. TRANSFER OF SPECTRUM MANAGEMENT FUNC-
TIONS.
There are transferred to the Chairman of the Federal
Communications Commission all functions of the Sec-
retary of Commerce, the Assistant Secretary of Commerce
for Communications and Information, and the National
Telecommunications and Information Administration
under parts A and B of the National Telecommunication
and Information Administration Organization Act.
SEC. 211. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN-
ISTRATION.
(a) TERMINATION OF AUTHORITY TO MAKE FISH-
ERIES GRANTS.—No financial assistance may be provided
under any of the following laws, except to the extent the
provision of that assistance is a contractual obligation of
the United States on the day before the effective date of
this section:
(1) Section 2 of the Act of August 11, 1939
(15 U.S.C. 713c–3), popularly known as the
‘‘Saltonstall-Kennedy Act’’.
(2) Section 1 of the Act of September 2, 1960
(16 U.S.C. 753a).
(3) The Antarctic Marine Living Resources
Convention Act of 1984 (16 U.S.C. 2431 et seq.).
(4) The Anadromous Fish Conservation Act (16
U.S.C. 757a et seq.).
(5) Provisions of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801
et seq.) and the Department of Commerce Appro-
priation Act of 1994 that authorize assistance to
State fishery agencies to enhance their data collec-
tion and analysis systems to respond to coastwise
fisheries management needs.
(6) The Interjurisdictional Fisheries Act of
1986 (16 U.S.C. 4101 et seq.).
(7) Provisions of the Fish and Wildlife Act of
1956 (16 U.S.C. 742a) and the Department of Com-
merce Appropriation Act of 1994 that authorize as-
sistance to States for a cooperative State and Fed-
eral partnership to provide a continuing source of
fisheries statistics to support fisheries management
in the States’ territorial waters and the United
States exclusive economic zone.
(8) Provisions of the Fish and Wildlife Act of
1956 (16 U.S.C. 742a) and the Department of Com-
merce Appropriation Act of 1994 that authorize as-
sistance to States for a cooperative program which
engages State and Federal agencies in the coordi-
nated collection, management, and dissemination of
fishery-independent information on marine fisheries
in support of State territorial waters and the United
States exclusive economic zone fisheries management
programs.
(9) Provisions of the Act of May 11, 1938 (16
U.S.C. 756–757), popularly known as the Mitchell
Act, and the Department of Commerce Appropria-
tion Act of 1994 that authorize assistance to State
fisheries agencies in the Pacific Northwest to protect
and enhance salmon and steelhead resources in the
region.
(10) Provisions of the Pacific Salmon Treaty
Act of 1985 (16 U.S.C. 3631–3644) and the De-
partment of Commerce Appropriation Act of 1994
that authorize assistance to States in fulfilling re-
sponsibilities under the Pacific Salmon Treaty by
providing administrative, management, and applied
research support to the States to meet the needs of
the Pacific Salmon Commission and international
commitments under the treaty.
(11) Provisions of the Marine Mammal Protec-
tion Act of 1972 (16 U.S.C. 1371–1384) and the
Department of Commerce Appropriation Act of 1994
which authorize assistance to State agencies for the
collection and analysis of information on marine
mammals that occur in the State waters and inter-
act with State managed fisheries.
(12) Provisions of the Pacific Salmon Treaty
Act of 1985 (16 U.S.C. 3631–3644) and the De-
partment of Commerce Appropriation Act of 1994
that—
(A) authorize assistance to States to assist
in fulfilling Federal responsibilities under the
Pacific Salmon Treaty by restoring Southeast
Alaska salmon harvests limited by the treaty
and by restoring salmon stocks as quickly as
possible; and
(B) help implement a 1989 ‘‘Understand-
ing between the United States and Canadian
Sections of the Pacific Salmon Commission
Concerning 
Joint 
Enhancement 
of
Transboundary River Salmon Stocks’’.
(b) TERMINATION OF FISHERIES TRADE PROMOTION
PROGRAM.—Section 211 of the Act of December 22, 1989
(15 U.S.C. 1511b) is repealed.
(c) CONFORMING AMENDMENT TO TERMINATE FISH-
ERIES PROMOTION AND DEVELOPMENT TRANSFERS AND
FUNDS.—Section 2(b) of the Act of August 11, 1939 (15
U.S.C. 713c–3), popularly known as the ‘‘Saltonstall-Ken-
nedy Act’’, is repealed. Amounts remaining, on the effec-
tive date of this section, in the funds established under
that section that are not required for the provision of fi-
nancial assistance that is not otherwise terminated by this
section shall revert to the general fund of the Treasury.
(d) TERMINATION OF AUTHORITY TO GUARANTEE
OBLIGATIONS FOR FISHING VESSEL AND FISHING FACIL-
ITY CONSTRUCTION, ETC.—No new guarantee of an obli-
gation or commitment to guarantee an obligation under
title XI of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1271 et seq.) may be made under authority that
was vested in the Secretary of Commerce on the day be-
fore the effective date of this section (relating to obliga-
tions for fishing vessels or fishing facilities), except to the
extent the making of such a guarantee was a contractual
obligation of the United States on the day before that ef-
fective date.
(e) TERMINATION OF COMPENSATION UNDER FISH-
ERMEN’S PROTECTIVE ACT OF 1967.—No compensation
may be paid under section 10 of the Fishermen’s Protec-
tive Act of 1967 (22 U.S.C. 1980), relating to compensa-
tion for damage, loss, or destruction of fishing vessels or
fishing gear, except to the extent the compensation was
awarded before the effective date of this section.
(f) TERMINATION OF COMPENSATION TO FISHERMEN
UNDER
OUTER
CONTINENTAL
SHELF
LANDS
ACT
AMENDMENTS OF 1978.—No compensation may be paid
under title IV of the Outer Continental Shelf Lands Act
Administration Corps immediately before such effec-
tive date.
(3) REPORT.—If no offer to purchase assets
under paragraph (2) is received within the 18-month
period described in such paragraph, the Commerce
Programs Resolution Agency shall submit a report
to the Congress containing recommendations on the
appropriate disposition of the assets and functions of
the National Oceanic and Atmospheric Administra-
tion Corps.
(i) DISPOSAL OF NOAA FLEET.—The Secretary of
the Interior—
(1) shall cease modernization of the National
Oceanic and Atmospheric Administration fleet of
vessels and terminate all new construction for that
fleet;
(2) shall promptly dispose of all assets compris-
ing the National Oceanic and Atmospheric Adminis-
tration fleet; and
(3) may not purchase any vessels for the Na-
tional Oceanic and Atmospheric Administration.
(j) OFFICE
OF OCEANIC
AND ATMOSPHERIC RE-
SEARCH.—
(1) IN
GENERAL.—Except as otherwise pro-
vided in paragraph (2) or (3), the Office of Oceanic
and Atmospheric Research shall be terminated.
(2) WEATHER RESEARCH.—Functions relating
to weather research of the Office of Oceanic and At-
mospheric Research shall be transferred to the Na-
tional Weather Service.
(3) OFFICE OF OCEANIC AND ATMOSPHERIC RE-
SEARCH.—(A) The laboratories of the Office of Oce-
anic and Atmospheric Research shall be transferred
to the Commerce Programs Resolution Agency.
(B) The Commerce Programs Resolution Agency
shall attempt to sell the property of the laboratories
of the Office of Oceanic and Atmospheric Research,
within 18 months after the effective date specified in
section 213(a), to a private sector entity intending
to perform substantially the same functions as were
performed by the laboratories of the Office of Oce-
anic and Atmospheric Research immediately before
such effective date.
(C) If no offer to purchase property under sub-
paragraph (B) is received within the 18-month pe-
riod described in such subparagraph, the Commerce
Programs Resolution Agency shall transfer the re-
maining laboratories to the Department of the Inte-
rior, which shall submit a report to the Congress
containing recommendations on the appropriate dis-
position of the property and functions of such lab-
oratories.
(k) NAUTICAL AND AERONAUTICAL CHARTING.—
(1) TRANSFER.—The nautical and aeronautical
charting functions of the National Oceanic and At-
mospheric Administration shall be transferred to the
Defense Mapping Agency.
(2) 
TERMINATION.—The 
Defense 
Mapping
Agency shall terminate any functions transferred to
it under paragraph (1) that are performed by the
private sector.
(l) NESDIS.—
(1) TRANSFER.—(A) The National Environ-
mental Satellite, Data, and Information System
Data Centers shall be transferred to the Commerce
Programs Resolution Agency.
(B) The Commerce Programs Resolution Agen-
cy shall attempt to sell the property of the National
Environmental Satellite, Data, and Information Sys-
tem Data Centers, within 18 months after the effec-
tive date specified in section 213(a), to a private sec-
tor entity intending to perform substantially the
same functions as were performed by the National
Environmental Satellite, Data, and Information Sys-
tem Data Centers immediately before such effective
date.
(C) If no offer to purchase property under sub-
paragraph (B) is received within the 18-month pe-
riod described in such subparagraph, the Commerce
Programs Resolution Agency shall submit a report
to the Congress containing recommendations on the
appropriate disposition of the property and functions
of the National Environmental Satellite, Data, and
Information System Data Centers.
(2) WEATHER SATELLITE FUNCTIONS.—Func-
tions related to weather satellites of the National
Environmental Satellite, Data, and Information Sys-
tem shall be transferred to the National Weather
Service.
(m) NATIONAL WEATHER SERVICE.—
(1) TRANSFER.—The National Weather Service
is hereby transferred to the Department of the Inte-
rior.
(2) TERMINATION
OF
FUNCTIONS.—(A) The
National Weather Service shall terminate its special-
ized agricultural, Marine Radiofax, and forestry
weather services, and its Regional Climate Centers.
(B) The National Weather Service may termi-
nate any other specialized weather services not re-
quired by law to be performed.
(n) NATIONAL MARINE FISHERIES SERVICE.—
(1) 
TRANSFER
OF
ENFORCEMENT
FUNC-
TIONS.—There are transferred to the Secretary of
Transportation all functions relating to law enforce-
ment that on the day before the effective date of this
section were authorized to be performed by the Na-
tional Marine Fisheries Service.
(2) TRANSFER OF SCIENCE FUNCTIONS.—There
are transferred to the Director of the United States
Fish and Wildlife Service all functions relating to
science that on the day before the effective date of
this section were authorized to be performed by the
National Marine Fisheries Service.
(3) TRANSFER OF SEAFOOD INSPECTION FUNC-
TIONS.—There are transferred to the Secretary of
Agriculture all functions relating to seafood inspec-
tion that on the day before the effective date of this
section were authorized to be performed by the Na-
tional Marine Fisheries Service.
(o) NATIONAL OCEAN SERVICE.—
(1) TRANSFER
OF
GEODESY
FUNCTIONS.—
There are transferred to the Director of the United
States Geological Survey all functions relating to ge-
odesy that on the day before the effective date of
this section were authorized to be performed by the
National Ocean Service.
(2) TRANSFER
OF
MARINE
AND
ESTUARINE
SANCTUARY FUNCTIONS.—There are transferred to
the Secretary of the Interior all functions relating to
marine and estuarine sanctuaries that on the day
before the effective date of this section were author-
ized to be performed by the National Ocean Service.
(p) ENVIRONMENTAL RESEARCH LABORATORIES.—
(1) TRANSFER.—The environmental research
laboratories of the National Oceanic and Atmos-
pheric Administration (other than laboratories of the
Office of Oceanic and Atmospheric Research, re-
ferred to in subsection (j)) shall be transferred to
the Commerce Programs Resolution Agency.
(2) DISPOSAL.—The Commerce Programs Res-
olution Agency shall attempt to sell the property of
the laboratories transferred under paragraph (1),
within 18 months after the effective date specified in
section 213(a), to a private sector entity intending
to perform substantially the same functions as were
performed by the laboratories before such effective
date.
(3) REPORT.—If no offer to purchase property
under paragraph (2) is received within the 18-month
period described in such paragraph, the Commerce
Programs Resolution Agency shall submit a report
to the Congress containing recommendations on the
appropriate disposition of the property and functions
of the laboratories transferred under paragraph (1).
SEC. 212. MISCELLANEOUS ABOLISHMENTS.
The following agencies and programs of the Depart-
ment of Commerce are abolished, and the functions of
those agencies or programs are abolished except to the ex-
tent otherwise provided in this Act:
(1) The Economic Development Administration.
(2) The Minority Business Development Admin-
istration.
(3) The United States Travel and Tourism Ad-
ministration.
(4) The National Telecommunications and In-
formation Administration.
(5) The Advanced Technology Program under
section 28 of the National Institute of Standards
and Technology Act (15 U.S.C. 278n).
(6) The Manufacturing Extension Programs
under sections 25 and 26 of the National Institute
of Standards and Technology Act (15 U.S.C. 278k
and 278l).
SEC. 213. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), this title shall take effect on the effective date speci-
fied in section 109(a).
(b) PROVISIONS EFFECTIVE ON DATE OF ENACT-
MENT.—The following provisions of this title shall take ef-
fect on the date of the enactment of this Act:
(1) Section 201.
(2) Section 206 (a)(2) and (d).
(3) Section 212.
SEC. 214. SENSE OF CONGRESS REGARDING USER FEES.
It is the sense of the Congress that the head of each
agency that performs a function vested in the agency by
this Act should, wherever feasible, explore and implement
user fees for the provision of services in the performance
of that function, to offset operating costs.
TITLE III—MISCELLANEOUS
PROVISIONS
SEC. 301. REFERENCES.
Any reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any
document of or pertaining to an office from which a func-
tion is transferred by this Act—
(1) to the Secretary of Commerce or an officer
of the Department of Commerce, is deemed to refer
to the head of the department or office to which
such function is transferred; or
(2) to the Department of Commerce or an
agency in the Department of Commerce is deemed
to refer to the department or office to which such
function is transferred.
SEC. 302. EXERCISE OF AUTHORITIES.
Except as otherwise provided by law, a Federal offi-
cial to whom a function is transferred by this Act may,
for purposes of performing the function, exercise all au-
thorities under any other provision of law that were avail-
able with respect to the performance of that function to
the official responsible for the performance of the function
immediately before the effective date of the transfer of the
function under this Act.
SEC. 303. SAVINGS PROVISIONS.
(a) LEGAL DOCUMENTS.—All orders, determinations,
rules, regulations, permits, grants, loans, contracts, agree-
ments, certificates, licenses, and privileges—
(1) that have been issued, made, granted, or al-
lowed to become effective by the President, the Sec-
retary of Commerce, any officer or employee of any
office transferred by this Act, or any other Govern-
ment official, or by a court of competent jurisdic-
tion, in the performance of any function that is
transferred by this Act, and
(2) that are in effect on the effective date of
such transfer (or become effective after such date
pursuant to their terms as in effect on such effective
date),
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, any other author-
ized official, a court of competent jurisdiction, or operation
of law.
(b) PROCEEDINGS.—This Act shall not affect any
proceedings or any application for any benefits, service,
license, permit, certificate, or financial assistance pending
on the date of the enactment of this Act before an office
transferred by this Act, but such proceedings and applica-
tions shall be continued. Orders shall be issued in such
proceedings, appeals shall be taken therefrom, and pay-
ments shall be made pursuant to such orders, as if this
Act had not been enacted, and orders issued in any such
proceeding shall continue in effect until modified, termi-
nated, superseded, or revoked by a duly authorized official,
by a court of competent jurisdiction, or by operation of
law. Nothing in this subsection shall be considered to pro-
hibit the discontinuance or modification of any such pro-
ceeding under the same terms and conditions and to the
same extent that such proceeding could have been discon-
tinued or modified if this Act had not been enacted.
(c) SUITS.—This Act shall not affect suits com-
menced before the date of the enactment of this Act, and
in all such suits, proceeding shall be had, appeals taken,
and judgments rendered in the same manner and with the
same effect as if this Act had not been enacted.
(d) NONABATEMENT OF ACTIONS.—No suit, action,
or other proceeding commenced by or against the Depart-
ment of Commerce or the Secretary of Commerce, or by
or against any individual in the official capacity of such
individual as an officer or employee of an office trans-
ferred by this Act, shall abate by reason of the enactment
of this Act.
(e) CONTINUANCE OF SUITS.—If any officer of the
Department of Commerce or the Commerce Programs
Resolution Agency in the official capacity of such officer
is party to a suit with respect to a function of the officer,
and under this Act such function is transferred to any
other officer or office, then such suit shall be continued
with the other officer or the head of such other office, as
applicable, substituted or added as a party.
SEC. 304. TRANSFER OF ASSETS.
Except as otherwise provided in this Act, so much
of the personnel, property, records, and unexpended bal-
ances of appropriations, allocations, and other funds em-
ployed, used, held, available, or to be made available in
connection with a function transferred to an official or
agency by this Act shall be available to the official or the
head of that agency, respectively, at such time or times
as the Director of the Office of Management and Budget
directs for use in connection with the functions trans-
ferred.
SEC. 305. DELEGATION AND ASSIGNMENT.
Except as otherwise expressly prohibited by law or
otherwise provided in this Act, an official to whom func-
tions are transferred under this Act (including the head
of any office to which functions are transferred under this
Act) may delegate any of the functions so transferred to
such officers and employees of the office of the official as
the official may designate, and may authorize successive
redelegations of such functions as may be necessary or ap-
propriate. No delegation of functions under this section
or under any other provision of this Act shall relieve the
official to whom a function is transferred under this Act
of responsibility for the administration of the function.
SEC. 306. AUTHORITY OF ADMINISTRATOR WITH RESPECT
TO FUNCTIONS TRANSFERRED.
(a) DETERMINATIONS.—If necessary, the Adminis-
trator shall make any determination of the functions that
are transferred under this Act.
(b) INCIDENTAL TRANSFERS.—The Administrator,
at such time or times as the Administrator shall provide,
may make such determinations as may be necessary with
regard to the functions transferred by this Act, and to
make such additional incidental dispositions of personnel,
assets, liabilities, grants, contracts, property, records, and
unexpended balances of appropriations, authorizations, al-
locations, and other funds held, used, arising from, avail-
able to, or to be made available in connection with such
functions, as may be necessary to carry out the provisions
of this Act. The Administrator shall provide for the termi-
nation of the affairs of all entities terminated by this Act
and for such further measures and dispositions as may
be necessary to effectuate the purposes of this Act.
SEC. 307. PROPOSED CHANGES IN LAW.
Not later than one year after the date of the enact-
ment of this Act, the Director of the Office of Manage-
ment and Budget shall submit to the Congress a descrip-
tion of any changes in Federal law necessary to reflect
abolishments, transfers, terminations, and disposals under
this Act.
SEC. 308. CERTAIN VESTING OF FUNCTIONS CONSIDERED
TRANSFERS.
For purposes of this Act, the vesting of a function
in a department or office pursuant to reestablishment of
an office shall be considered to be the transfer of the
function.
SEC. 309. DEFINITIONS.
For purposes of this Act, the following definitions
apply:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Commerce
Programs Resolution Agency.
(2) AGENCY.—The term ‘‘Agency’’ means the
Commerce Programs Resolution Agency.
(3) FUNCTION.—The term ‘‘function’’ includes
any duty, obligation, power, authority, responsibility,
right, privilege, activity, or program.
(4) OFFICE.—The term ‘‘office’’ includes any
office, administration, agency, bureau, institute,
council, unit, organizational entity, or component
thereof.
(5) WIND-UP PERIOD.—The term ‘‘wind-up pe-
riod’’ means the period beginning on the effective
date specified in section 109(a) and ending on the
termination date specified in section 106(d).
SEC. 310. LIMITATION ON ANNUAL EXPENDITURES FOR
CONTINUED FUNCTIONS.
The amount expended by the United States each fis-
cal year for performance of a function which immediately
before the effective date of this section was authorized to
be performed by an agency, officer, or employee of the De-
partment of Commerce may not exceed 75 percent of the
total amount expended by the United States for perform-
ance of that function during fiscal year 1994.
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