United States Code, appeal to the appropriate court of ap-
peals from the order of the district court denying the writ.
‘‘(b) CERTIFICATE OF APPEALABILITY.—In a habeas
corpus proceeding in which the detention complained of
arises out of process issued by a State court, an appeal
by the applicant for the writ may not proceed unless a
district or a circuit judge issues a certificate of
appealability pursuant to section 2253(c) of title 28, Unit-
ed States Code. If an appeal is taken by the applicant,
the district judge who rendered the judgment shall either
issue a certificate of appealability or state the reasons why
such a certificate should not issue. The certificate or the
statement shall be forwarded to the court of appeals with
the notice of appeal and the file of the proceedings in the
district court. If the district judge has denied the certifi-
cate, the applicant for the writ may then request issuance
of the certificate by a circuit judge. If such a request is
addressed to the court of appeals, it shall be deemed ad-
dressed to the judges thereof and shall be considered by
a circuit judge or judges as the court deems appropriate.
If no express request for a certificate is filed, the notice
of appeal shall be deemed to constitute a request ad-
dressed to the judges of the court of appeals. If an appeal
is taken by a State or its representative, a certificate of
appealability is not required.’’.
SEC. 104. SECTION 2254 AMENDMENTS.
Section 2254 of title 28, United States Code, is
amended—
(1) by amending subsection (b) to read as fol-
lows:
‘‘(b)(1) An application for a writ of habeas corpus
on behalf of a person in custody pursuant to the judgment
of a State court shall not be granted unless it appears
that—
‘‘(A) the applicant has exhausted the remedies
available in the courts of the State; or
‘‘(B)(i) there is an absence of available State
corrective process; or
‘‘(ii) circumstances exist that render such proc-
ess ineffective to protect the rights of the applicant.
‘‘(2) An application for a writ of habeas corpus may
be denied on the merits, notwithstanding the failure of the
applicant to exhaust the remedies available in the courts
of the State.
‘‘(3) A State shall not be deemed to have waived the
exhaustion requirement or be estopped from reliance upon
the requirement unless the State, through counsel, ex-
pressly waives the requirement.’’;
(2) by redesignating subsections (d), (e), and
(f) as subsections (e), (f), and (g), respectively;
(3) by inserting after subsection (c) the follow-
ing new subsection:
‘‘(d) An application for a writ of habeas corpus on
behalf of a person in custody pursuant to the judgment
of a State court shall not be granted with respect to any
claim that was adjudicated on the merits in State court
proceedings unless the adjudication of the claim—
‘‘(1) resulted in a decision that was contrary to,
or involved an unreasonable application of, clearly
established Federal law, as determined by the Su-
preme Court of the United States; or
‘‘(2) resulted in a decision that was based on an
unreasonable determination of the facts in light of
the evidence presented in the State court proceed-
ing.’’;
(4) by amending subsection (e), as redesignated
by paragraph (2), to read as follows:
‘‘(e)(1) In a proceeding instituted by an application
for a writ of habeas corpus by a person in custody pursu-
ant to the judgment of a State court, a determination of
a factual issue made by a State court shall be presumed
to be correct. The applicant shall have the burden of re-
butting the presumption of correctness by clear and con-
vincing evidence.
‘‘(2) If the applicant has failed to develop the factual
basis of a claim in State court proceedings, the court shall
not hold an evidentiary hearing on the claim unless the
applicant shows that—
‘‘(A) the claim relies on—
‘‘(i) a new rule of constitutional law, made
retroactive to cases on collateral review by the
Supreme Court, that was previously unavail-
able; or
‘‘(ii) a factual predicate that could not
have been previously discovered through the ex-
ercise of due diligence; and
‘‘(B) the facts underlying the claim would be
sufficient to establish by clear and convincing evi-
dence that but for constitutional error, no reasonable
factfinder would have found the applicant guilty of
the underlying offense.’’; and
(5) by adding at the end the following new sub-
sections:
‘‘(h) Except as provided in title 21, United States
Code, section 848, in all proceedings brought under this
section, and any subsequent proceedings on review, the
court may appoint counsel for an applicant who is or be-
comes financially unable to afford counsel, except as pro-
vided by a rule promulgated by the Supreme Court pursu-
ant to statutory authority. Appointment of counsel under
this section shall be governed by section 3006A of title
18.
‘‘(i) The ineffectiveness or incompetence of counsel
during Federal or State collateral post-conviction proceed-
ings shall not be a ground for relief in a proceeding arising
under section 2254.’’.
SEC. 105. SECTION 2255 AMENDMENTS.
Section 2255 of title 28, United States Code, is
amended—
(1) by striking the second and fifth undesig-
nated paragraphs; and
(2) by adding at the end the following new un-
designated paragraphs:
‘‘A 1-year period of limitation shall apply to a motion
under this section. The limitation period shall run from
the latest of—
‘‘(1) the date on which the judgment of convic-
tion becomes final;
‘‘(2) the date on which the impediment to mak-
ing a motion created by governmental action in vio-
lation of the Constitution or laws of the United
States is removed, if the movant was prevented from
making a motion by such governmental action;
‘‘(3) the date on which the right asserted was
initially recognized by the Supreme Court, if that
right has been newly recognized by the Supreme
Court and made retroactively applicable to cases on
collateral review; or
‘‘(4) the date on which the facts supporting the
claim or claims presented could have been discovered
through the exercise of due diligence.
‘‘Except as provided in title 21, United States Code,
section 848, in all proceedings brought under this section,
and any subsequent proceedings on review, the court may
appoint counsel for a movant who is or becomes financially
unable to afford counsel shall be in the discretion of the
court, except as provided by a rule promulgated by the
Supreme Court pursuant to statutory authority. Appoint-
ment of counsel under this section shall be governed by
section 3006A of title 18.
‘‘A second or successive motion must be certified as
provided in section 2244 by a panel of the appropriate
court of appeals to contain—
‘‘(1) newly discovered evidence that, if proven
and viewed in light of the evidence as a whole, would
be sufficient to establish by clear and convincing evi-
dence that no reasonable factfinder would have
found the movant guilty of the offense; or
‘‘(2) a new rule of constitutional law, made ret-
roactive to cases on collateral review by the Supreme
Court, that was previously unavailable.’’.
SEC. 106. LIMITS ON SECOND OR SUCCESSIVE APPLICA-
TIONS.
(a) 
CONFORMING
AMENDMENT
TO
SECTION
2244(a).—Section 2244(a) of title 28, United States
Code, is amended by striking ‘‘and the petition’’ and all
that follows through ‘‘by such inquiry.’’ and inserting ‘‘,
except as provided in section 2255.’’.
(b) LIMITS ON SECOND OR SUCCESSIVE APPLICA-
TIONS.—Section 2244(b) of title 28, United States Code,
is amended to read as follows:
‘‘(b)(1) A claim presented in a second or successive
habeas corpus application under section 2254 that was
presented in a prior application shall be dismissed.
‘‘(2) A claim presented in a second or successive ha-
beas corpus application under section 2254 that was not
presented in a prior application shall be dismissed un-
less—
‘‘(A) the applicant shows that the claim relies
on a new rule of constitutional law, made retroactive
to cases on collateral review by the Supreme Court,
that was previously unavailable; or
‘‘(B)(i) the factual predicate for the claim could
not have been discovered previously through the ex-
ercise of due diligence; and
‘‘(ii) the facts underlying the claim, if proven
and viewed in light of the evidence as a whole, would
be sufficient to establish by clear and convincing evi-
dence that, but for constitutional error, no reason-
able factfinder would have found the applicant guilty
of the underlying offense.
‘‘(3)(A) Before a second or successive application per-
mitted by this section is filed in the district court, the ap-
plicant shall move in the appropriate court of appeals for
an order authorizing the district court to consider the ap-
plication.
‘‘(B) A motion in the court of appeals for an order
authorizing the district court to consider a second or suc-
cessive application shall be determined by a three-judge
panel of the court of appeals.
‘‘(C) The court of appeals may authorize the filing
of a second or successive application only if it determines
that the application makes a prima facie showing that the
application satisfies the requirements of this subsection.
‘‘(D) The court of appeals shall grant or deny the
authorization to file a second or successive application not
later than 30 days after the filing of the motion.
‘‘(E) The grant or denial of an authorization by a
court of appeals to file a second or successive application
shall not be appealable and shall not be the subject of a
petition for rehearing or for a writ of certiorari.
‘‘(4) A district court shall dismiss any claim pre-
sented in a second or successive application that the court
of appeals has authorized to be filed unless the applicant
shows that the claim satisfies the requirements of this sec-
tion.’’.
SEC. 107. DEATH PENALTY LITIGATION PROCEDURES.
(a) ADDITION OF CHAPTER TO TITLE 28, UNITED
STATES CODE.—Title 28, United States Code, is amended
by inserting after chapter 153 the following new chapter:
‘‘CHAPTER 154—SPECIAL HABEAS CORPUS
PROCEDURES IN CAPITAL CASES
‘‘Sec.
‘‘2261. Prisoners in State custody subject to capital sentence; appointment of
counsel; requirement of rule of court or statute; procedures for
appointment.
‘‘2262. Mandatory stay of execution; duration; limits on stays of execution; suc-
cessive petitions.
‘‘2263. Filing of habeas corpus application; time requirements; tolling rules.
‘‘2264. Scope of Federal review; district court adjudications.
‘‘2265. Application to State unitary review procedure.
‘‘2266. Limitation periods for determining applications and motions.
‘‘§ 2261. Prisoners in State custody subject to capital
sentence; appointment of counsel; re-
quirement of rule of court or statute; pro-
cedures for appointment
‘‘(a) This chapter shall apply to cases arising under
section 2254 brought by prisoners in State custody who
are subject to a capital sentence. It shall apply only if the
provisions of subsections (b) and (c) are satisfied.
‘‘(b) This chapter is applicable if a State establishes
by statute, rule of its court of last resort, or by another
agency authorized by State law, a mechanism for the ap-
pointment, compensation, and payment of reasonable liti-
gation expenses of competent counsel in State post-convic-
tion proceedings brought by indigent prisoners whose cap-
ital convictions and sentences have been upheld on direct
appeal to the court of last resort in the State or have oth-
erwise become final for State law purposes. The rule of
court or statute must provide standards of competency for
the appointment of such counsel.
‘‘(c) Any mechanism for the appointment, compensa-
tion, and reimbursement of counsel as provided in sub-
section (b) must offer counsel to all State prisoners under
capital sentence and must provide for the entry of an
order by a court of record—
‘‘(1) appointing one or more counsels to rep-
resent the prisoner upon a finding that the prisoner
is indigent and accepted the offer or is unable com-
petently to decide whether to accept or reject the
offer;
‘‘(2) finding, after a hearing if necessary, that
the prisoner rejected the offer of counsel and made
the decision with an understanding of its legal con-
sequences; or
‘‘(3) denying the appointment of counsel upon
a finding that the prisoner is not indigent.
‘‘(d) No counsel appointed pursuant to subsections
(b) and (c) to represent a State prisoner under capital
sentence shall have previously represented the prisoner at
trial or on direct appeal in the case for which the appoint-
ment is made unless the prisoner and counsel expressly
request continued representation.
‘‘(e) The ineffectiveness or incompetence of counsel
during State or Federal post-conviction proceedings in a
capital case shall not be a ground for relief in a proceeding
arising under section 2254. This limitation shall not pre-
clude the appointment of different counsel, on the court’s
own motion or at the request of the prisoner, at any phase
of State or Federal post-conviction proceedings on the
basis of the ineffectiveness or incompetence of counsel in
such proceedings.
‘‘§ 2262. Mandatory stay of execution; duration; limits
on stays of execution; successive peti-
tions
‘‘(a) Upon the entry in the appropriate State court
of record of an order under section 2261(c), a warrant
or order setting an execution date for a State prisoner
shall be stayed upon application to any court that would
have jurisdiction over any proceedings filed under section
2254. The application shall recite that the State has in-
voked the post-conviction review procedures of this chapter
and that the scheduled execution is subject to stay.
‘‘(b) A stay of execution granted pursuant to sub-
section (a) shall expire if—
‘‘(1) a State prisoner fails to file a habeas cor-
pus application under section 2254 within the time
required in section 2263;
‘‘(2) before a court of competent jurisdiction, in
the presence of counsel, unless the prisoner has com-
petently and knowingly waived such counsel, and
after having been advised of the consequences, a
State prisoner under capital sentence waives the
right to pursue habeas corpus review under section
2254; or
‘‘(3) a State prisoner files a habeas corpus peti-
tion under section 2254 within the time required by
section 2263 and fails to make a substantial showing
of the denial of a Federal right or is denied relief
in the district court or at any subsequent stage of
review.
‘‘(c) If one of the conditions in subsection (b) has
occurred, no Federal court thereafter shall have the au-
thority to enter a stay of execution in the case, unless the
court of appeals approves the filing of a second or succes-
sive application under section 2244(b).
‘‘§ 2263. Filing of habeas corpus application; time re-
quirements; tolling rules
‘‘(a) Any application under this chapter for habeas
corpus relief under section 2254 must be filed in the ap-
propriate district court not later than 180 days after final
State court affirmance of the conviction and sentence on
direct review or the expiration of the time for seeking such
review.
‘‘(b) The time requirements established by subsection
(a) shall be tolled—
‘‘(1) from the date that a petition for certiorari
is filed in the Supreme Court until the date of final
disposition of the petition if a State prisoner files
the petition to secure review by the Supreme Court
of the affirmance of a capital sentence on direct re-
view by the court of last resort of the State or other
final State court decision on direct review;
‘‘(2) from the date on which the first petition
for post-conviction review or other collateral relief is
filed until the final State court disposition of such
petition; and
‘‘(3) during an additional period not to exceed
30 days, if—
‘‘(A) a motion for an extension of time is
filed in the Federal district court that would
have jurisdiction over the case upon the filing
of a habeas corpus application under section
2254; and
‘‘(B) a showing of good cause is made for
the failure to file the habeas corpus application
within the time period established by this sec-
tion.
‘‘§ 2264. Scope of Federal review; district court adju-
dications
‘‘(a) Whenever a State prisoner under capital sen-
tence files a petition for habeas corpus relief to which this
chapter applies, the district court shall only consider a
claim or claims that have been raised and decided on the
merits in the State courts, unless the failure to raise the
claim properly is—
‘‘(1) the result of State action in violation of
the Constitution or laws of the United States;
‘‘(2) the result of the Supreme Court recogni-
tion of a new Federal right that is made retro-
actively applicable; or
‘‘(3) based on a factual predicate that could not
have been discovered through the exercise of due
diligence in time to present the claim for State or
Federal post-conviction review.
‘‘(b) Following review subject to subsections (a), (d),
and (e) of section 2254, the court shall rule on the claims
properly before it.
‘‘§ 2265. Application to State unitary review proce-
dure
‘‘(a) For purposes of this section, a ‘unitary review’
procedure means a State procedure that authorizes a per-
son under sentence of death to raise, in the course of di-
rect review of the judgment, such claims as could be raised
on collateral attack. This chapter shall apply, as provided
in this section, in relation to a State unitary review proce-
dure if the State establishes by rule of its court of last
resort or by statute a mechanism for the appointment,
compensation, and payment of reasonable litigation ex-
penses of competent counsel in the unitary review proceed-
ings, including expenses relating to the litigation of collat-
eral claims in the proceedings. The rule of court or statute
must provide standards of competency for the appoint-
ment of such counsel.
‘‘(b) To qualify under this section, a unitary review
procedure must include an offer of counsel following trial
for the purpose of representation on unitary review, and
entry of an order, as provided in section 2261(c), concern-
ing appointment of counsel or waiver or denial of appoint-
ment of counsel for that purpose. No counsel appointed
to represent the prisoner in the unitary review proceedings
shall have previously represented the prisoner at trial in
the case for which the appointment is made unless the
prisoner and counsel expressly request continued represen-
tation.
‘‘(c) Sections 2262, 2263, 2264, and 2266 shall apply
in relation to cases involving a sentence of death from any
State having a unitary review procedure that qualifies
under this section. References to State ‘post-conviction re-
view’ and ‘direct review’ in such sections shall be under-
stood as referring to unitary review under the State proce-
dure. The reference in section 2262(a) to ‘an order under
section 2261(c)’ shall be understood as referring to the
post-trial order under subsection (b) concerning represen-
tation in the unitary review proceedings, but if a tran-
script of the trial proceedings is unavailable at the time
of the filing of such an order in the appropriate State
court, then the start of the 180-day limitation period
under section 2263 shall be deferred until a transcript is
made available to the prisoner or counsel of the prisoner.
‘‘§ 2266. Limitation periods for determining applica-
tions and motions
‘‘(a) The adjudication of any application under sec-
tion 2254 that is subject to this chapter, and the adjudica-
tion of any motion under section 2255 by a person under
sentence of death, shall be given priority by the district
court and by the court of appeals over all noncapital mat-
ters.
‘‘(b)(1)(A) A district court shall render a final deter-
mination and enter a final judgment on any application
for a writ of habeas corpus brought under this chapter
in a capital case not later than 180 days after the date
on which the application is filed.
‘‘(B) A district court shall afford the parties at least
120 days in which to complete all actions, including the
preparation of all pleadings and briefs, and if necessary,
a hearing, prior to the submission of the case for decision.
‘‘(C)(i) A district court may delay for not more than
one additional 30-day period beyond the period specified
in subparagraph (A), the rendering of a determination of
an application for a writ of habeas corpus if the court is-
sues a written order making a finding, and stating the
reasons for the finding, that the ends of justice that would
be served by allowing the delay outweigh the best interests
of the public and the applicant in a speedy disposition of
the application.
‘‘(ii) The factors, among others, that a court shall
consider in determining whether a delay in the disposition
of an application is warranted are as follows:
‘‘(I) Whether the failure to allow the delay
would be likely to result in a miscarriage of justice.
‘‘(II) Whether the case is so unusual or so com-
plex, due to the number of defendants, the nature of
the prosecution, or the existence of novel questions
of fact or law, that it is unreasonable to expect ade-
quate briefing within the time limitations established
by subparagraph (A).
‘‘(III) Whether the failure to allow a delay in
a case, that, taken as a whole, is not so unusual or
so complex as described in subclause (II), but would
otherwise deny the applicant reasonable time to ob-
tain counsel, would unreasonably deny the applicant
or the government continuity of counsel, or would
deny counsel for the applicant or the government the
reasonable time necessary for effective preparation,
taking into account the exercise of due diligence.
‘‘(iii) No delay in disposition shall be permissible be-
cause of general congestion of the court’s calendar.
‘‘(iv) The court shall transmit a copy of any order
issued under clause (i) to the Director of the Administra-
tive Office of the United States Courts for inclusion in
the report under paragraph (5).
‘‘(2) The time limitations under paragraph (1) shall
apply to—
‘‘(A) an initial application for a writ of habeas
corpus;
‘‘(B) any second or successive application for a
writ of habeas corpus; and
‘‘(C) any redetermination of an application for
a writ of habeas corpus following a remand by the
court of appeals or the Supreme Court for further
proceedings, in which case the limitation period shall
run from the date the remand is ordered.
‘‘(3)(A) The time limitations under this section shall
not be construed to entitle an applicant to a stay of execu-
tion, to which the applicant would otherwise not be enti-
tled, for the purpose of litigating any application or ap-
peal.
‘‘(B) No amendment to an application for a writ of
habeas corpus under this chapter shall be permitted after
‘‘(B)(i) A court of appeals shall decide whether to
grant a petition for rehearing or other request for rehear-
ing en banc not later than 30 days after the date on which
the petition for rehearing is filed unless a responsive
pleading is required, in which case the court shall decide
whether to grant the petition not later than 30 days after
the date on which the responsive pleading is filed.
‘‘(ii) If a petition for rehearing or rehearing en banc
is granted, the court of appeals shall hear and render a
final determination of the appeal not later than 120 days
after the date on which the order granting rehearing or
rehearing en banc is entered.
‘‘(2) The time limitations under paragraph (1) shall
apply to—
‘‘(A) an initial application for a writ of habeas
corpus;
‘‘(B) any second or successive application for a
writ of habeas corpus; and
‘‘(C) any redetermination of an application for
a writ of habeas corpus or related appeal following
a remand by the court of appeals en banc or the Su-
preme Court for further proceedings, in which case
the limitation period shall run from the date the re-
mand is ordered.
‘‘(3) The time limitations under this section shall not
be construed to entitle an applicant to a stay of execution,
to which the applicant would otherwise not be entitled, for
the purpose of litigating any application or appeal.
‘‘(4)(A) The failure of a court to meet or comply with
a time limitation under this section shall not be a ground
for granting relief from a judgment of conviction or sen-
tence.
‘‘(B) The State may enforce a time limitation under
this section by applying for a writ of mandamus to the
Supreme Court.
‘‘(5) The Administrative Office of United States
Courts shall submit to Congress an annual report on the
compliance by the courts of appeals with the time limita-
tions under this section.’’.
(b) TECHNICAL AMENDMENT.—The part analysis for
part IV of title 28, United States Code, is amended by
adding after the item relating to chapter 153 the following
new item:
‘‘154.
Special
habeas
corpus
procedures
in
capital
cases ............................................................................ 2261.’’.
(c) EFFECTIVE DATE.—Chapter 154 of title 28,
United States Code (as added by subsection (a)) shall
apply to cases pending on or after the date of enactment
of this Act.
SEC. 108. TECHNICAL AMENDMENT.
Section 408(q) of the Controlled Substances Act (21
U.S.C. 848(q)) is amended by amending paragraph (9)
to read as follows:
‘‘(9) Upon a finding that investigative, expert, or
other services are reasonably necessary for the representa-
tion of the defendant, whether in connection with issues
relating to guilt or the sentence, the court may authorize
the defendant’s attorneys to obtain such services on behalf
of the defendant and, if so authorized, shall order the pay-
ment of fees and expenses therefor under paragraph (10).
No ex parte proceeding, communication, or request may
be considered pursuant to this section unless a proper
showing is made concerning the need for confidentiality.
Any such proceeding, communication, or request shall be
transcribed and made a part of the record available for
appellate review.’’.
SEC. 109. SEVERABILITY.
If any provision of this title, an amendment made
by this title, or the application of such provision or
amendment to any person or circumstance is held to be
unconstitutional, the remainder of this title, the amend-
ments made by this title, and the application of the provi-
sions of such to any person or circumstances shall not be
affected thereby.
TITLE II—ABOLISHMENT OF
DEPARTMENT OF COMMERCE
SEC. 2001. SHORT TITLE.
This title may be cited as the ‘‘Department of Com-
merce Dismantling Act’’.
SEC. 2002. TABLE OF CONTENTS.
The table of contents for this title is as follows:
TITLE II—ABOLISHMENT OF DEPARTMENT OF COMMERCE
Sec. 2001. Short title.
Sec. 2002. Table of contents.
Subtitle A—Abolishment of Department of Commerce
Sec. 2101. Abolishment of Department of Commerce.
Sec. 2102. Resolution and termination of Department functions.
Sec. 2103. Responsibilities of the Director of the Office of Management and
Budget.
Sec. 2104. Personnel.
Sec. 2105. Plans and reports.
Sec. 2106. GAO audit and access to records.
Sec. 2107. Conforming amendments.
Sec. 2108. Privatization framework.
Sec. 2109. Priority placement programs for Federal employees affected by a re-
duction in force attributable to this title.
Sec. 2110. Funding reductions for transferred functions.
Sec. 2111. Definitions.
Subtitle B—Disposition of Various Programs, Functions, and Agencies of
Department of Commerce
Sec. 2201. Abolishment of Economic Development Administration and transfer
of functions.
Sec. 2202. Technology Administration.
Sec. 2203. Reorganization of the Bureau of the Census and the Bureau of Eco-
nomic Analysis.
Sec. 2204. Terminated functions of NTIA.
Sec. 2205. National Oceanic and Atmospheric Administration.
Sec. 2206. National Scientific, Oceanic, and Atmospheric Administration.
Sec. 2207. Miscellaneous terminations; moratorium on program activities.
Sec. 2208. Effective date.
Subtitle C—Office of United States Trade Representative
CHAPTER 1—GENERAL PROVISIONS
Sec. 2301. Definitions.
CHAPTER 2—OFFICE OF UNITED STATES TRADE REPRESENTATIVE
SUBCHAPTER A—ESTABLISHMENT
Sec. 2311. Establishment of the Office.
Sec. 2312. Functions of the USTR.
SUBCHAPTER B—OFFICERS
Sec. 2321. Deputy Administrator of the Office.
Sec. 2322. Deputy United States Trade Representatives.
Sec. 2323. Assistant administrators.
Sec. 2324. Director General for Export Promotion.
Sec. 2325. General Counsel.
Sec. 2326. Inspector General.
Sec. 2327. Chief Financial Officer.
SUBCHAPTER C—TRANSFERS TO THE OFFICE
Sec. 2331. Office of the United States Trade Representative.
Sec. 2332. Transfers from the Department of Commerce.
Sec. 2333. Trade and Development Agency.
Sec. 2334. Export-Import Bank.
Sec. 2335. Overseas Private Investment Corporation.
Sec. 2336. Consolidation of export promotion and financing activities.
Sec. 2337. Additional trade functions.
SUBCHAPTER D—ADMINISTRATIVE PROVISIONS
Sec. 2341. Personnel provisions.
Sec. 2342. Delegation and assignment.
Sec. 2343. Succession.
Sec. 2344. Reorganization.
Sec. 2345. Rules.
Sec. 2346. Funds transfer.
Sec. 2347. Contracts, grants, and cooperative agreements.
Sec. 2348. Use of facilities.
Sec. 2349. Gifts and bequests.
Sec. 2350. Working capital fund.
Sec. 2351. Service charges.
Sec. 2352. Seal of office.
SUBCHAPTER E—RELATED AGENCIES
Sec. 2361. Interagency Trade Organization.
Sec. 2362. National Security Council.
Sec. 2363. International Monetary Fund.
SUBCHAPTER F—CONFORMING AMENDMENTS
Sec. 2371. Amendments to general provisions.
Sec. 2372. Repeals.
Sec. 2373. Conforming amendments relating to Executive Schedule positions.
SUBCHAPTER G—MISCELLANEOUS
Sec. 2381. Effective date.
Sec. 2382. Interim appointments.
Sec. 2383. Funding reductions resulting from reorganization.
Subtitle D—Patent and Trademark Office Corporation
Sec. 2401. Short title.
CHAPTER 1—PATENT AND TRADEMARK OFFICE
Sec. 2411. Establishment of Patent and Trademark Office as a Corporation.
Sec. 2412. Powers and duties.
Sec. 2413. Organization and management.
Sec. 2414. Management Advisory Board.
Sec. 2415. Independence from Department of Commerce.
Sec. 2416. Trademark Trial and Appeal Board.
Sec. 2417. Board of Patent Appeals and Interferences.
Sec. 2418. Suits by and against the Corporation.
Sec. 2419. Annual report of Commissioner.
Sec. 2420. Suspension or exclusion from practice.
Sec. 2421. Funding.
Sec. 2422. Audits.
Sec. 2423. Transfers.
CHAPTER 2—EFFECTIVE DATE; TECHNICAL AMENDMENTS
Sec. 2431. Effective date.
Sec. 2432. Technical and conforming amendments.
Subtitle E—Miscellaneous Provisions
Sec. 2501. References.
Sec. 2502. Exercise of authorities.
Sec. 2503. Savings provisions.
Sec. 2504. Transfer of assets.
Sec. 2505. Delegation and assignment.
Sec. 2506. Authority of Director of the Office of Management and Budget with
respect to functions transferred.
Sec. 2507. Certain vesting of functions considered transfers.
Sec. 2508. Availability of existing funds.
Sec. 2509. Definitions.
Subtitle F—Citizens Commission on 21st Century Government
Sec. 2601. Short title and purpose.
Sec. 2602. Citizens Commission on 21st Century Government.
Sec. 2603. Department and agency cooperation.
Sec. 2604. Hearings.
Sec. 2605. Commission procedures.
Sec. 2606. Framework for the Federal Government in the 21st century.
Sec. 2607. Proposal for reorganizing the executive branch.
Sec. 2608. Procedures for making recommendations.
Sec. 2609. Congressional consideration of reform proposals.
Sec. 2610. Distribution of assets.
Sec. 2611. Agency defined.
Subtitle A—Abolishment of
Department of Commerce
SEC. 2101. ABOLISHMENT OF DEPARTMENT OF COMMERCE.
(a) ABOLISHMENT OF DEPARTMENT.—The Depart-
ment of Commerce is abolished effective on the abolish-
ment date specified in subsection (c).
(b) TRANSFER
OF DEPARTMENT FUNCTIONS
TO
OMB.—Except as otherwise provided in this title, all func-
tions that immediately before the abolishment date speci-
fied in subsection (c) are authorized to be performed by
the Secretary of Commerce, any other officer or employee
of the Department acting in that capacity, or any agency
or office of the Department, are transferred to the Direc-
tor of the Office of Management and Budget effective on
that abolishment date.
(c) ABOLISHMENT DATE.—The abolishment date re-
ferred to in subsections (a) and (b) is the earlier of—
(1) the last day of the 6-month period begin-
ning on the date of the enactment of this Act; or
(2) September 30, 1996.
SEC. 2102. RESOLUTION AND TERMINATION OF DEPART-
MENT FUNCTIONS.
(a) RESOLUTION OF FUNCTIONS.—During the period
beginning on the date of enactment of this Act and ending
on the functions termination date specified in subsection
(c)—
(1) the disposition and resolution of functions
of the Department of Commerce shall be completed
in accordance with this title; and
(2) the Director shall resolve all functions that
are transferred to the Director under section
2101(b) and are not otherwise continued under this
title.
(b) TERMINATION
OF FUNCTIONS.—All functions
that are transferred to the Director under section 2101(b)
that are not otherwise continued by this title shall termi-
nate on the functions termination date specified in sub-
section (c).
(c) FUNCTIONS TERMINATION DATE.—The functions
termination date referred to in subsections (a) and (b) is
the last day of the 3-year period beginning on the date
of the enactment of this Act.
SEC. 2103. RESPONSIBILITIES OF THE DIRECTOR OF THE
OFFICE OF MANAGEMENT AND BUDGET.
(a) IN GENERAL.—The Director of the Office of
Management and Budget shall be responsible for the im-
plementation of this subtitle, including—
(1) the administration and wind-up, during the
wind-up period, of all functions transferred to the
Director under section 2101(b);
(2) the administration and wind-up, during the
wind-up period, of any outstanding obligations of the
Federal Government under any programs terminated
by this title; and
(3) taking such other actions as may be nec-
essary to wind-up any outstanding affairs of the De-
partment of Commerce before the end of the wind-
up period.
(b) DELEGATION OF FUNCTIONS.—The Director may
delegate to any officer of the Office of Management and
Budget or to any other Federal department or agency
head the performance of the Director’s functions under
this subtitle, except the Director’s planning and reporting
responsibilities under section 2105, to the extent that the
Director determines that such delegation would further
the purposes of this subtitle.
(c) TRANSFER
OF ASSETS
AND PERSONNEL.—In
connection with any delegation of functions under sub-
section (b), the Director may transfer within the Office
or to the department or agency concerned such assets,
funds, personnel, records, and other property relating to
the delegated function as the Director determines to be
appropriate.
(d) AUTHORITIES OF THE DIRECTOR.—For purposes
of performing the functions of the Director under this sub-
title and subject to the availability of appropriations, the
Director may—
(1) enter into contracts;
(2) employ experts and consultants in accord-
ance with section 3109 of title 5, United States
Code, at rates for individuals not to exceed the per
diem rate equivalent to the rate for level IV of the
Executive Schedule; and
(3) utilize, on a reimbursable basis, the services,
facilities, and personnel of other Federal agencies.
SEC. 2104. PERSONNEL.
Effective on the abolishment date specified in section
2101(c), there are transferred to the Office all individuals
who—
(1) immediately before the abolishment date,
were officers or employees of the Department of
Commerce; and
(2) in their capacity as such an officer or em-
ployee, performed functions that are transferred to
the Director under section 2101(b).
SEC. 2105. PLANS AND REPORTS.
(a) INITIAL IMPLEMENTATION PLAN.—
(1) IN GENERAL.—Not later than 90 days after
the date of enactment of this Act, the Director shall
submit a report, through the President, to the Con-
gress specifying those actions taken and necessary to
be taken—
(A) to resolve those programs and func-
tions terminated on the date of enactment of
this Act; and
(B) to implement the additional transfers
and other program dispositions provided for in
this title.
(2) CONTENTS.—The report shall include—
(A) recommendations for additional legisla-
tion, if any, needed to reflect or otherwise to
implement the abolishments, transfers, termi-
nations, and other dispositions of programs and
functions under this title; and
(B) a description of actions planned and
taken to comply with limitations imposed by
this Act on future spending for continued func-
tions.
(b) ANNUAL STATUS REPORTS.—At the end of each
of the first, second, and third years following the date of
enactment of this Act, the Director shall submit a report,
through the President, to the Congress which—
(1) specifies the status and progress of actions
taken to implement this title and to wind-up the af-
fairs of the Department of Commerce by the func-
tions termination date specified in section 2102(c);
(2) includes any recommendations the Director
may have for additional legislation; and
(3) describes actions taken to comply with limi-
tations imposed by this Act on future spending for
continued functions.
(c) GAO REPORTS.—Not later than 60 days after is-
suance of each report under subsections (a) and (b), the
Comptroller General of the United States shall submit to
the Congress a report which—
(1) evaluates the report under that subsection;
and
(2) includes any recommendations the Comp-
troller General considers appropriate.
SEC. 2106. GAO AUDIT AND ACCESS TO RECORDS.
(a) AUDIT OF PERSONS PERFORMING FUNCTIONS
PURSUANT TO THIS ACT.—All agencies, corporations, or-
ganizations, and other persons of any description which
under the authority of the United States perform any
function or activity pursuant to this title shall be subject
to audit by the Comptroller General of the United States
with respect to such function or activity.
(b) AUDIT OF PERSONS PROVIDING CERTAIN GOODS
OR SERVICES.—All persons and organizations which, by
contract, grant, or otherwise, provide goods or services to,
or receive financial assistance from, any agency or other
person performing functions or activities under or referred
to by this title shall be subject to audit by the Comptroller
General of the United States with respect to such provi-
sion of goods or services or receipt of financial assistance.
(c) PROVISIONS APPLICABLE
TO
AUDITS UNDER
THIS SECTION.—
(1) NATURE
AND
SCOPE
OF
AUDIT.—The
Comptroller General of the United States shall de-
termine the nature, scope, terms, and conditions of
audits conducted under this section.
(2) COORDINATION
WITH
OTHER
PROVISIONS
OF LAW.—The authority of the Comptroller General
of the United States under this section shall be in
addition to any audit authority available to the
Comptroller General under other provisions of this
title or any other law.
(3) RIGHTS
OF
ACCESS, EXAMINATION, AND
COPYING.—The Comptroller General of the United
States, and any duly authorized representative of the
Comptroller General, shall have access to, and the
right to examine and copy, all records and other re-
corded information in any form, and to examine any
property within the possession or control of any
agency or person which is subject to audit under this
section, which the Comptroller General considers rel-
evant to an audit conducted under this section.
(4) ENFORCEMENT OF RIGHT OF ACCESS.—The
right of access of the Comptroller General of the
United States to information under this section shall
be enforceable under section 716 of title 31, United
States Code.
(5) 
MAINTENANCE
OF
CONFIDENTIAL
RECORDS.—Section 716(e) of title 31, United States
Code, shall apply to information obtained by the
Comptroller General under this section.
SEC. 2107. 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 Secretary of
Commerce for Economic Affairs, Under Secretary of Com-
merce 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 At-
mosphere, the incumbent of which also serves as Adminis-
trator of the National Oceanic and Atmospheric Adminis-
tration.’’; and
(3) by striking the following item:
‘‘Under Secretary of Commerce for Technology.’’.
(e) COMPENSATION FOR POSITIONS AT LEVEL IV.—
Section 5315 of title 5, United States Code, is amended—
(1) by striking the following item:
‘‘Assistant Secretaries of Commerce (11).’’;
(2) by striking the following item:
‘‘General Counsel of the Department of Commerce.’’;
(3) by striking the following item:
‘‘Assistant Secretary of Commerce for Oceans and
Atmosphere, the incumbent of which also serves as Deputy
Administrator of the National Oceanic and Atmospheric
Administration.’’;
(4) by striking the following item:
‘‘Director, National Institute of Standards and Tech-
nology, Department of Commerce.’’;
(5) by striking the following item:
‘‘Inspector General, Department of Commerce.’’;
(6) by striking the following item:
‘‘Chief Financial Officer, Department of Com-
merce.’’; and
(7) in the item relating to the Bureau of the
Census, by striking ‘‘, 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, Department
of Commerce.’’; and
(2) by striking the following item:
‘‘National Export Expansion Coordinator, Depart-
ment 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,’’.
(h) EFFECTIVE DATE.—The amendments made by
this section shall be effective on the abolishment date spec-
ified in section 2101(c).
SEC. 2108. PRIVATIZATION FRAMEWORK.
(a) IN GENERAL.—The Office of Management and
Budget shall privatize each function designated for privat-
ization under subtitle B within 18 months of the date of
the transfer of such function to the Office. The Office
shall pursue such forms of privatization arrangements as
the Office considers appropriate to best serve the interests
of the United States. If the Office is unable to privatize
a function within 18 months, the Office shall report its
inability to the Congress with its recommendations as to
the appropriate disposition of the function and its assets.
(b) ROLE OF THE FEDERAL GOVERNMENT.—No pri-
vatization arrangement made under subsection (a) shall
include any future role for, or accountability to, the Fed-
eral Government unless it is necessary to assure the con-
tinued accomplishment of a specific Federal objective. The
Federal role should be the minimum necessary to accom-
plish Federal objectives.
(c) ASSETS.—In privatizing a function, the Office of
Management and Budget shall take any action necessary
to preserve the value of the assets of a function during
the period the Office holds such assets and to continue
the performance of the function to the extent necessary
to preserve the value of the assets or to accomplish core
Federal objectives.
SEC. 2109. PRIORITY PLACEMENT PROGRAMS FOR FED-
ERAL EMPLOYEES AFFECTED BY A REDUC-
TION IN FORCE ATTRIBUTABLE TO THIS
TITLE.
(a) IN GENERAL.—Subchapter I of chapter 33 of title
5, United States Code, is amended by adding at the end
the following:
‘‘§ 3329b. Priority placement programs for employees
affected by a reduction in force attrib-
utable to the Department of Commerce
Dismantling Act
‘‘(a)(1) For the purpose of this section, the term ‘af-
fected agency’—
‘‘(A) except as provided in subparagraph (B),
means an Executive agency to which personnel are
transferred in connection with a transfer of function
under the Department of Commerce Dismantling
Act, and
‘‘(B) with respect to employees of the Depart-
ment of Commerce in general administration, the In-
spector General’s office, or the General Counsel’s of-
fice, or who provided overhead support to other com-
ponents of the Department on a reimbursable basis,
means all agencies to which functions of those em-
ployees are transferred under the Department of
Commerce Dismantling Act.
‘‘(2) This section applies with respect to any reduc-
tion in force that—
‘‘(A) occurs within 12 months after the date of
the enactment of this section; and
‘‘(B) is due to—
‘‘(i) the termination of any function of the
Department of Commerce; or
‘‘(ii) the agency’s having excess personnel
as a result of a transfer of function described
in paragraph (1), as determined by—
‘‘(I) the Director of the Office of
Management and Budget, in the case of a
function transferred to the Office of Man-
agement and Budget; or
‘‘(II) the head of the agency, in the
case of any other function.
‘‘(b) As soon as practicable after the date of the en-
actment of this section, each affected agency shall estab-
lish an agencywide priority placement program to facili-
tate employment placement for employees who—
‘‘(1) are scheduled to be separated from service
due to a reduction in force described in subsection
(a)(2); or
‘‘(2) are separated from service due to such a
reduction in force.
‘‘(c)(1) Each agencywide priority placement program
shall include provisions under which a vacant position
shall not be filled by the appointment or transfer of any
individual from outside of that agency if—
‘‘(A) there is then available any individual de-
scribed in paragraph (2) who is qualified for the po-
sition; and
‘‘(B) the position—
‘‘(i) is at the same grade (or pay level) or
not more than 1 grade (or pay level) below that
of the position last held by such individual be-
fore placement in the new position; and
‘‘(ii) is within the same commuting area as
the individual’s last-held position (as referred to
in clause (i)) or residence.
‘‘(2) For purposes of an agencywide priority place-
ment program, an individual shall be considered to be de-
scribed in this paragraph if such individual’s most recent
performance evaluation was at least fully successful (or
the equivalent), and such individual is either—
‘‘(A) an employee of such agency who is sched-
uled to be separated, as described in subsection
(b)(1); or
‘‘(B) an individual who became a former em-
ployee of such agency as a result of a separation, as
described in subsection (b)(2).
‘‘(d)(1) Nothing in this section shall affect any prior-
ity placement program of the Department of Defense
which is in operation as of the date of the enactment of
this section.
‘‘(2) Nothing in this section shall impair placement
programs within agencies subject to reductions in force re-
sulting from causes other than the Department of Com-
merce Dismantling Act.
‘‘(e) An individual shall cease to be eligible to partici-
pate in a program under this section on the earlier of—
‘‘(1) the conclusion of the 12-month period be-
ginning on the date on which that individual first
became eligible to participate under subsection
(c)(2); or
‘‘(2) the date on which the individual declines
a bona fide offer (or if the individual does not act
on the offer, the last day for accepting such offer)
from the affected agency of a position described in
subsection (c)(1)(B).’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) Title 5, United States Code, is amended by redesignat-
ing the second section which is designated as section 3329
as section 3329a.
(2) The table of sections for chapter 33 of title 5,
United States Code, is amended by striking the item relat-
ing to the second section which is designated as section
3329 and inserting the following:
‘‘3329a.
Government-wide list of vacant positions.
‘‘3329b.
Priority placement programs for employees affected by a reduction
in force attributable to the Department of Commerce Disman-
tling Act.’’.
SEC. 2110. FUNDING REDUCTIONS FOR TRANSFERRED
FUNCTIONS.
(a) FUNDING REDUCTIONS.—Except as provided in
subsection (b), the total amount obligated or expended by
the United States in performing functions transferred
under this title to the Director or to the Office from the
Department of Commerce, or any of its officers or compo-
nents, shall not exceed—
(1) for the first fiscal year that begins after the
abolishment date specified in section 2101(c), 75
percent of the total amount appropriated to the De-
partment of Commerce for the performance of such
functions in fiscal year 1995; and
(2) for the second fiscal year that begins after
the abolishment date specified in section 2101(c)
and for each fiscal year thereafter, 65 percent of the
total amount appropriated to the Department of
Commerce for the performance of such functions in
fiscal year 1995.
(b) EXCEPTION.—Subsection (a) shall not apply to
obligations or expenditures incurred as a direct con-
sequence of the termination, transfer, or other disposition
of functions described in subsection (a) pursuant to this
title.
(c) RULE
OF CONSTRUCTION.—This section shall
take precedence over any other provision of law unless
such provision explicitly refers to this section and makes
an exception to it.
(d) RESPONSIBILITIES OF THE DIRECTOR.—The Di-
rector shall—
(1) ensure compliance with the requirements of
this section; and
(2) include in each report under sections
2105(a) and (b) a description of actions taken to
comply with such requirements.
SEC. 2111. DEFINITIONS.
For purposes of this subtitle, the following definitions
apply:
(1) DIRECTOR.—The term ‘‘Director’’ means
the Director of the Office of Management and Budg-
et.
(2) OFFICE.—The term ‘‘Office’’ means the Of-
fice of Management and Budget.
(3) WIND-UP PERIOD.—The term ‘‘wind-up pe-
riod’’ means the period beginning on the date of the
enactment of this Act and ending on the functions
termination date specified in section 2102(c).
Subtitle B—Disposition of Various
Programs, Functions, and Agen-
cies of Department of Com-
merce
SEC. 2201. ABOLISHMENT OF ECONOMIC DEVELOPMENT
ADMINISTRATION AND TRANSFER OF FUNC-
TIONS.
(a) IN GENERAL.—The Public Works and Economic
Development Act of 1965 (40 U.S.C. 3131 et seq.) is
amended by striking all after the first section and insert-
ing the following:
‘‘SEC. 2. ADMINISTRATOR DEFINED.
‘‘In this Act, the term ‘Administrator’ means the Ad-
ministrator of the Small Business Administration.
‘‘TITLE I—STATEMENT OF
PURPOSE
‘‘SEC. 101. FINDINGS AND DECLARATION.
‘‘(a) FINDINGS.—Congress finds that—
‘‘(1) the maintenance of the national economy
at a high level is vital to the best interests of the
United States, but that some of our regions, coun-
ties, and communities are suffering substantial and
persistent unemployment and underemployment that
cause hardship to many individuals and their fami-
lies, and waste invaluable human resources;
‘‘(2) to overcome this problem the Federal Gov-
ernment, in cooperation with the States, should help
areas and regions of substantial and persistent un-
employment and underemployment to take effective
steps in planning and financing their public works
and economic development;
‘‘(3) Federal financial assistance, including
grants for public works and development facilities to
communities, industries, enterprises, and individuals
in areas needing development should enable such
areas to help themselves achieve lasting improve-
ment and enhance the domestic prosperity by the es-
tablishment of stable and diversified local economies
and improved local conditions, if such assistance is
preceded by and consistent with sound, long-range
economic planning; and
‘‘(4) under the provisions of this Act, new em-
ployment opportunities should be created by develop-
ing and expanding new and existing public works
and other facilities and resources rather than by
merely transferring jobs from one area of the United
States to another.
‘‘(b) DECLARATION.—Congress declares that, in fur-
therance of maintaining the national economy at a high
level—
‘‘(1) the assistance authorized by this Act
should be made available to both rural and urban
areas;
‘‘(2) such assistance should be made available
for planning for economic development prior to the
actual occurrences of economic distress in order to
avoid such condition; and
‘‘(3) such assistance should be used for long-
term economic rehabilitation in areas where long-
term economic deterioration has occurred or is tak-
ing place.
‘‘TITLE II—GRANTS FOR PUBLIC
WORKS AND DEVELOPMENT
FACILITIES
‘‘SEC. 201. DIRECT AND SUPPLEMENTARY GRANTS.
‘‘(a) IN GENERAL.—Upon the application of any eli-
gible recipient, the Administrator may—
‘‘(1) make direct grants for the acquisition or
development of land and improvements for public
works, public service, or development facility usage,
and the acquisition, design and engineering, con-
struction, rehabilitation, alteration, expansion, or im-
provement of such facilities, including related ma-
chinery and equipment, within an area described in
section 502(a), if the Administrator finds that—
‘‘(A) the project for which financial assist-
ance is sought will directly or indirectly—
‘‘(i) tend to improve the opportunities,
in the area where such project is or will be
located, for the successful establishment or
expansion of industrial or commercial
plants or facilities;
‘‘(ii) otherwise assist in the creation
of additional long-term employment oppor-
tunities for such area; or
‘‘(iii) primarily benefit the long-term
unemployed and members of low-income
families;
‘‘(B) the project for which a grant is re-
quested will fulfill a pressing need of the area,
or part thereof, in which it is, or will be, lo-
cated; and
‘‘(C) the area for which a project is to be
undertaken has an approved investment strat-
egy as provided by section 503 and such project
is consistent with such strategy;
‘‘(2) make supplementary grants in order to en-
able the States and other entities within areas de-
scribed in section 502(a) to take maximum advan-
tage of designated Federal grant-in-aid programs (as
defined in subsection (c)(4)), direct grants-in-aid au-
thorized under this section, and Federal grant-in-aid
programs authorized by the Watershed Protection
and Flood Prevention Act (68 Stat. 666), and the
11 watersheds authorized by the Flood Control Act
of December 22, 1944 (58 Stat. 887), for which
they are eligible but for which, because of their eco-
nomic situation, they cannot supply the required
matching share.
‘‘(b) COST SHARING.—Subject to subsection (c), the
amount of any direct grant under this subsection for any
project shall not exceed 50 percent of the cost of such
project.
‘‘(c) REQUIREMENTS
APPLICABLE
TO
SUPPLE-
MENTARY GRANTS.—
‘‘(1) AMOUNT OF SUPPLEMENTARY GRANTS.—
‘‘(A) IN GENERAL.—Except as provided by
subparagraph (B), the amount of any supple-
mentary grant under this section for any
project shall not exceed the applicable percent-
age established by regulations promulgated by
the Administrator, but in no event shall the
non-Federal share of the aggregate cost of any
such project (including assumptions of debt) be
less than 20 percent of such cost.
‘‘(B) EXCEPTION.—Notwithstanding sub-
paragraph (A), in the case of an Indian tribe,
a State (or a political subdivision of the State),
or a community development corporation which
the Administrator determines has exhausted its
effective taxing and borrowing capacity, the Ad-
ministrator shall reduce the non-Federal share
below the percentage specified in subparagraph
(A) or shall waive the non-Federal share in the
case of such a grant for a project in an area
described in section 502(a)(4).
‘‘(2) FORM
OF
SUPPLEMENTARY
GRANTS.—
Supplementary grants shall be made by the Admin-
istrator, in accordance with such regulations as the
Administrator may prescribe, by increasing the
amounts of direct grants authorized under this sec-
tion or by the payment of funds appropriated under
this Act to the heads of the departments, agencies,
and instrumentalities of the Federal Government re-
sponsible for the administration of the applicable
Federal programs.
‘‘(3) FEDERAL SHARE LIMITATIONS SPECIFIED
IN OTHER LAWS.—Notwithstanding any requirement
as to the amount or sources of non-Federal funds
that may otherwise be applicable to the Federal pro-
gram involved, funds provided under this subsection
shall be used for the sole purpose of increasing the
Federal contribution to specific projects in areas de-
scribed in section 502(a) under such programs above
the fixed maximum portion of the cost of such
project otherwise authorized by the applicable law.
‘‘(4) 
DESIGNATED
FEDERAL
GRANT-IN-AID
PROGRAMS DEFINED.—In this subsection, the term
‘designated Federal grant-in-aid programs’ means
such existing or future Federal grant-in-aid pro-
grams assisting in the construction or equipping of
facilities as the Administrator may, in furtherance of
the purposes of this Act, designate as eligible for al-
location of funds under this section.
‘‘(5) CONSIDERATION OF RELATIVE NEED IN
DETERMINING
AMOUNT.—In 
determining 
the
amount of any supplementary grant available to any
project under this section, the Administrator shall
take into consideration the relative needs of the area
and the nature of the projects to be assisted.
‘‘(d) REGULATIONS.—The Administrator shall pre-
scribe rules, regulations, and procedures to carry out this
section which will assure that adequate consideration is
given to the relative needs of eligible areas. In prescribing
such rules, regulations, and procedures the Administrator
shall consider among other relevant factors—
‘‘(1) the severity of the rates of unemployment
in the eligible areas and the duration of such unem-
ployment; and
‘‘(2) the income levels of families and the extent
of underemployment in eligible areas.
‘‘(e) REVIEW AND COMMENT UPON PROJECTS BY
LOCAL GOVERNMENTAL AUTHORITIES.—The Adminis-
trator shall prescribe regulations which will assure that
appropriate local governmental authorities have been given
a reasonable opportunity to review and comment upon
proposed projects under this section.
‘‘SEC. 202. CONSTRUCTION COST INCREASES.
‘‘In any case where a grant (including a supplemental
grant) has been made by the Administrator under this
title for a project and after such grant has been made
but before completion of the project, the cost of such
project based upon the designs and specifications which
were the basis of the grant has been increased because
of increases in costs, the amount of such grant may be
increased by an amount equal to the percentage increase,
as determined by the Administrator, in such costs, but in
no event shall the percentage of the Federal share of such
project exceed that originally provided for in such grant.
‘‘SEC. 203. USE OF FUNDS IN PROJECTS CONSTRUCTED
UNDER PROJECTED COST.
‘‘In any case where a grant (including a supplemental
grant) has been made by the Administrator under this
title for a project, and after such grant has been made
but before completion of the project, the cost of such
project based upon the designs and specifications which
were the basis of the grant has decreased because of de-
creases in costs, such underrun funds may be used to im-
prove the project either directly or indirectly as deter-
mined by the Administrator.
‘‘SEC. 204. CHANGED PROJECT CIRCUMSTANCES.
‘‘In any case where a grant (including a supplemental
grant) has been made by the Administrator under this
title for a project, and after such grant has been made
but before completion of the project, the purpose or scope
of such project based upon the designs and specifications
which were the basis of the grant has changed, the Admin-
istrator may approve the use of grant funds on such
changed project if the Administrator determines that such
changed project meets the requirements of this title and
that such changes are necessary to enhance economic de-
velopment in the area.
‘‘TITLE III—SPECIAL ECONOMIC
DEVELOPMENT AND ADJUST-
MENT ASSISTANCE
‘‘SEC. 301. STATEMENT OF PURPOSE.
‘‘The purpose of this title to provide special economic
development and adjustment assistance programs to help
State and local areas meet special needs arising from ac-
tual or threatened severe unemployment arising from eco-
nomic dislocation (including unemployment arising from
actions of the Federal Government, from defense base clo-
sures and realignments, and from compliance with envi-
ronmental requirements which remove economic activities
from a locality) and economic adjustment problems result-
ing from severe changes in economic conditions (including
long-term economic deterioration), and to encourage coop-
erative intergovernmental action to prevent or solve eco-
nomic adjustment problems. Nothing in this title is in-
tended to replace the efforts of the economic adjustment
program of the Department of Defense.
‘‘SEC. 302. SPECIAL ECONOMIC DEVELOPMENT AND AD-
JUSTMENT ASSISTANCE.
‘‘(a) IN GENERAL.—The Administrator is authorized
to make grants directly to any eligible recipient in an area
which the Administrator determines, in accordance with
criteria to be established by the Administrator by regula-
tion—
‘‘(1) has experienced, or may reasonably be
foreseen to be about to experience, a special need to
meet an expected rise in unemployment, or other
economic adjustment problems (including those
caused by any action or decision of the Federal Gov-
ernment); or
‘‘(2) has demonstrated long-term economic de-
terioration.
‘‘(b) PURPOSES.—Amounts from grants under sub-
section (a) shall be used by an eligible recipient to carry
out or develop an investment strategy which—
‘‘(1) meets the requirements of section 503; and
‘‘(2) is approved by the Administrator.
‘‘(c) TYPES OF ASSISTANCE.—In carrying out an in-
vestment strategy using amounts from grants under sub-
section (a), an eligible recipient may provide assistance for
any of the following:
‘‘(1) Public facilities.
‘‘(2) Public services.
‘‘(3) Business development.
‘‘(4) Planning.
‘‘(5) Research and technical assistance.
‘‘(6) Administrative expenses.
‘‘(7) Training.
‘‘(8) Relocation of individuals and businesses.
‘‘(9) Other assistance which demonstrably fur-
thers the economic adjustment objectives of this
title.
‘‘(d) DIRECT EXPENDITURE OR REDISTRIBUTION BY
RECIPIENT.—Amounts from grants under subsection (a)
may be used in direct expenditures by the eligible recipient
or through redistribution by the eligible recipient to public
and private entities in grants, loans, loan guarantees, pay-
ments to reduce interest on loan guarantees, or other ap-
propriate assistance, but no grant shall be made by an
eligible recipient to a private profit-making entity.
‘‘(e) COORDINATION.—The Administrator to the ex-
tent practicable shall coordinate the activities relating to
the requirements for investment strategies and making
grants and loans under this title with other Federal pro-
grams, States, economic development districts, and other
appropriate planning and development organizations.
‘‘(f) BASE CLOSINGS AND REALIGNMENTS.—
‘‘(1) LOCATION OF PROJECTS.—In any case in
which the Administrator determines a need for as-
sistance under subsection (a) due to the closure or
realignment of a military installation, the Adminis-
trator may make such assistance available for
projects to be carried out on the military installation
and for projects to be carried out in communities ad-
versely affected by the closure or realignment.
‘‘(2) INTEREST IN PROPERTY.—Notwithstand-
ing any other provision of law, the Administrator
may provide to an eligible recipient any assistance
available under this Act for a project to be carried
out on a military installation that is closed or sched-
uled for closure or realignment without requiring
that the eligible recipient have title to the property
or a leasehold interest in the property for any speci-
fied term.
‘‘SEC. 303. ANNUAL REPORTS BY RECIPIENT.
‘‘Each eligible recipient which receives assistance
under this title from the Administrator shall annually dur-
ing the period such assistance continue to make a full and
complete report to the Administrator, in such manner as
the Administrator shall prescribe, and such report shall
contain an evaluation of the effectiveness of the economic
assistance provided under this title in meeting the need
it was designed to alleviate and the purposes of this title.
‘‘SEC. 304. SALE OF FINANCIAL INSTRUMENTS IN REVOLV-
ING LOAN FUNDS.
‘‘Any loan, loan guarantee, equity, or other financial
instrument in the portfolio of a revolving loan fund, in-
cluding any financial instrument made available using
amounts from a grant made before the effective date speci-
fied in section 802, may be sold, encumbered, or pledged
at the discretion of the grantee of the Fund, to a third
party provided that the net proceeds of the transaction—
‘‘(1) shall be deposited into the Fund and may
only be used for activities which are consistent with
the purposes of this title; and
‘‘(2) shall be subject to the financial manage-
ment, accounting, reporting, and auditing standards
which were originally applicable to the grant.
‘‘SEC. 305. TREATMENT OF REVOLVING LOAN FUNDS.
‘‘(a) IN GENERAL.—Amounts from grants made
under this title which are used by an eligible recipient to
establish a revolving loan fund shall not be treated, except
as provided by subsection (b), as amounts derived from
Federal funds for the purposes of any Federal law after
such amounts are loaned from the fund to a borrower and
repaid to the fund.
‘‘(b) EXCEPTIONS.—Amounts described in subsection
(a) which are loaned from a revolving loan fund to a bor-
rower and repaid to the fund—
‘‘(1) may only be used for activities which are
consistent with the purposes of this title; and
‘‘(2) shall be subject to the financial manage-
ment, accounting, reporting, and auditing standards
which were originally applicable to the grant.
‘‘(c) REGULATIONS.—Not later than 30 days after
the effective date specified in section 802, the Adminis-
trator shall issue regulations to carry out subsection (a).
‘‘(d) PUBLIC REVIEW AND COMMENT.—Before issu-
ing any final guidelines or administrative manuals govern-
ing the operation of revolving loan funds established using
amounts from grants under this title, the Administrator
shall provide reasonable opportunity for public review of
and comment on such guidelines and administrative
manuals.
‘‘(e) APPLICABILITY
TO PAST GRANTS.—The re-
quirements of this section applicable to amounts from
grants made under this title shall also apply to amounts
from grants made, before the effective date specified in
section 802, under title I of this Act, as in effect on the
day before such effective date.
‘‘TITLE IV—TECHNICAL ASSIST-
ANCE, RESEARCH, AND IN-
FORMATION
‘‘SEC. 401. TECHNICAL ASSISTANCE.
‘‘(a) IN GENERAL.—In carrying out its duties under
this Act, the Administrator may provide technical assist-
ance which would be useful in alleviating or preventing
conditions 
of 
excessive 
unemployment 
or
underemployment to areas which the Administrator finds
have substantial need for such assistance. Such assistance
shall include project planning and feasibility studies, man-
agement and operational assistance, establishment of busi-
ness outreach centers, and studies evaluating the needs
of, and development potentialities for, economic growth of
such areas.
‘‘(b) PROCEDURES AND TERMS.—
‘‘(1) MANNER OF PROVIDING ASSISTANCE.—As-
sistance may be provided by the Administrator
through—
‘‘(A) members of the Administrator’s staff;
‘‘(B) the payment of funds authorized for
this section to departments or agencies of the
Federal Government;
‘‘(C) the employment of private individ-
uals, partnerships, firms, corporations, or suit-
able institutions under contracts entered into
for such purposes; or
‘‘(D) grants-in-aid to appropriate public or
private nonprofit State, area, district, or local
organizations.
‘‘(2) REPAYMENT TERMS.—The Administrator,
in the Administrator’s discretion, may require the
repayment of assistance provided under this sub-
section and prescribe the terms and conditions of
such repayment.
‘‘(c) GRANTS
COVERING
ADMINISTRATIVE
EX-
PENSES.—
‘‘(1) IN
GENERAL.—The Administrator may
make grants to defray not to exceed 50 percent of
the administrative expenses of organizations which
the Administrator determines to be qualified to re-
ceive grants-in-aid under subsections (a) and (b); ex-
cept that in the case of a grant under this sub-
section to an Indian tribe, the Administrator is au-
thorized to defray up to 100 percent of such ex-
penses.
‘‘(2) 
DETERMINATION
OF
NON-FEDERAL
SHARE.—In determining the amount of the non-Fed-
eral share of such costs or expenses, the Adminis-
trator shall give due consideration to all contribu-
tions both in cash and in kind, fairly evaluated, in-
cluding contributions of space, equipment, and serv-
ices.
‘‘(3) 
USE
OF
GRANTS
WITH
PLANNING
GRANTS.—Where practicable, grants-in-aid author-
ized under this subsection shall be used in conjunc-
tion with other available planning grants to assure
adequate and effective planning and economical use
of funds.
‘‘(d) AVAILABILITY OF TECHNICAL INFORMATION;
FEDERAL PROCUREMENT.—The Administrator shall aid
areas described in section 502(a) and other areas by fur-
nishing to interested individuals, communities, industries,
and enterprises within such areas any assistance, technical
information, market research, or other forms of assist-
ance, information, or advice which would be useful in alle-
viating or preventing conditions of excessive unemploy-
ment or underemployment within such areas. The Admin-
istrator may furnish the procurement divisions of the var-
ious departments, agencies, and other instrumentalities of
the Federal Government with a list containing the names
and addresses of business firms which are located in areas
described in section 502(a) and which are desirous of ob-
taining Government contracts for the furnishing of sup-
plies or services, and designating the supplies and services
such firms are engaged in providing.
‘‘SEC. 402. ECONOMIC DEVELOPMENT PLANNING.
‘‘(a) DIRECT GRANTS.—
‘‘(1) IN
GENERAL.—The Administrator may
make, upon application of any State, or city, or
other political subdivision of a State, or sub-State
planning and development organization (including an
area described in section 502(a) or an economic de-
velopment district), direct grants to such State, city,
or other political subdivision, or organization to pay
up to 50 percent of the cost for economic develop-
ment planning.
‘‘(2) PLANNING
PROJECTS
SPECIFICALLY
IN-
CLUDED.—The planning for cities, other political
subdivisions, and sub-State planning and develop-
ment organizations (including areas described in sec-
tion 502(a) and economic development districts) as-
sisted under this section shall include systematic ef-
forts to reduce unemployment and increase incomes.
‘‘(3) PLANNING PROCESS.—The planning shall
be a continuous process involving public officials and
private citizens in analyzing local economies, defin-
ing development goals, determining project opportu-
nities, and formulating and implementing a develop-
ment program.
‘‘(4) COORDINATION
OF
ASSISTANCE
UNDER
SECTION 401(c).—The assistance available under
this section may be provided in addition to assist-
ance available under section 401(c) but shall not
supplant such assistance.
‘‘(b) COMPLIANCE WITH REVIEW PROCEDURE.—The
planning assistance authorized under this title shall be
used in conjunction with any other available Federal plan-
ning assistance to assure adequate and effective planning
and economical use of funds.
‘‘TITLE V—ELIGIBILITY AND
INVESTMENT STRATEGIES
‘‘PART A—ELIGIBILITY
‘‘SEC. 501. ELIGIBLE RECIPIENT DEFINED.
‘‘In this Act, the term ‘eligible recipient’ means an
area described in section 502(a), an economic development
district designated under section 510, an Indian tribe, a
State, a city or other political subdivision of a State, or
a consortium of such political subdivisions, or a public or
private nonprofit organization or association acting in co-
operation with officials of such political subdivisions.
‘‘SEC. 502. AREA ELIGIBILITY.
‘‘(a) CERTIFICATION.—In order to be eligible for as-
sistance under title II, an applicant seeking assistance to
undertake a project in an area shall certify, as part of
an application for such assistance, that the area on the
date of submission of such application meets 1 or more
of the following criteria:
‘‘(1) The area has a per capita income of 80
percent or less of the national average.
‘‘(2) The area has an unemployment rate 1 per-
cent above the national average percentage for the
most recent 24-month period for which statistics are
available.
‘‘(3) The area has experienced or is about to
experience a sudden economic dislocation resulting
in job loss that is significant both in terms of the
number of jobs eliminated and the effect upon the
employment rate of the area.
‘‘(4) The area is a community or neighborhood
(defined without regard to political or other subdivi-
sions or boundaries) which the Administrator deter-
mines has one or more of the following conditions:
‘‘(A) A large concentration of low-income
persons.
‘‘(B) Rural areas having substantial out-
migration.
‘‘(C) Substantial unemployment.
‘‘(b) DOCUMENTATION.—A certification made under
subsection (a) shall be supported by Federal data, when
available, and in other cases by data available through the
State government. Such documentation shall be accepted
by the Administrator unless it is determined to be inac-
curate. The most recent statistics available shall be used.
‘‘(c) PRIOR DESIGNATIONS.—Any designation of a
redevelopment area made before the effective date speci-
fied in section 802 shall not be effective after such effec-
tive date.
‘‘SEC. 503. INVESTMENT STRATEGY.
‘‘The Administrator may provide assistance under ti-
tles II and III to an applicant for a project only if the
applicant submits to the Administrator, as part of an ap-
plication for such assistance, and the Administrator ap-
proves an investment strategy which—
‘‘(1) identifies the economic development prob-
lems to be addressed using such assistance;
‘‘(2) identifies past, present, and projected fu-
ture economic development investments in the area
receiving such assistance and public and private par-
ticipants and sources of funding for such invest-
ments;
‘‘(3) sets forth a strategy for addressing the
economic problems identified pursuant to paragraph
(1) and describes how the strategy will solve such
problems;
‘‘(4) provides a description of the project nec-
essary to implement the strategy, estimates of costs,
and timetables; and
‘‘(5) provides a summary of public and private
resources expected to be available for the project.
‘‘SEC. 504. APPROVAL OF PROJECTS.
‘‘Only applications for grants or other assistance
under this Act for specific projects shall be approved which
are certified by the State representing such applicant and
determined by the Administrator—
‘‘(1) to be included in a State investment strat-
egy;
‘‘(2) to have adequate assurance that the
project will be properly administered, operated, and
maintained; and
‘‘(3) to otherwise meet the requirements for as-
sistance under this Act.
‘‘PART B—ECONOMIC DEVELOPMENT DISTRICTS
‘‘SEC. 510. DESIGNATION OF ECONOMIC DEVELOPMENT
DISTRICTS AND ECONOMIC DEVELOPMENT
CENTERS.
‘‘(a) IN GENERAL.—In order that economic develop-
ment projects of broader geographic significance may be
planned and carried out, the Administrator may—
‘‘(1) designate appropriate ‘economic develop-
ment districts’ within the United States with the
concurrence of the States in which such districts will
be wholly or partially located, if—
‘‘(A) the proposed district is of sufficient
size or population, and contains sufficient re-
sources, to foster economic development on a
scale involving more than a single area de-
scribed in section 502(a);
‘‘(B) the proposed district contains at least
1 area described in section 502(a);
‘‘(C) the proposed district contains 1 or
more areas described in section 502(a) or eco-
nomic development centers identified in an ap-
proved district investment strategy as having
sufficient size and potential to foster the eco-
nomic growth activities necessary to alleviate
the distress of the areas described in section
502(a) within the district; and
‘‘(D) the proposed district has a district
investment strategy which includes adequate
land use and transportation planning and con-
tains a specific program for district cooperation,
self-help, and public investment and is approved
by the State or States affected and by the Ad-
ministrator;
‘‘(2) designate as ‘economic development cen-
ters’, in accordance with such regulations as the Ad-
ministrator shall prescribe, such areas as the Admin-
istrator may deem appropriate, if—
‘‘(A) the proposed center has been identi-
fied and included in an approved district invest-
ment strategy and recommended by the State
or States affected for such special designation;
‘‘(B) the proposed center is geographically
and economically so related to the district that
its economic growth may reasonably be expected
to contribute significantly to the alleviation of
distress in the areas described in section 502(a)
of the district; and
‘‘(C) the proposed center does not have a
population in excess of 250,000 according to
the most recent Federal census.
‘‘(3) provide financial assistance in accordance
with the criteria of this Act, except as may be herein
otherwise provided, for projects in economic develop-
ment centers designated under subsection (a)(2),
if—
‘‘(A) the project will further the objectives
of the investment strategy of the district in
which it is to be located;
‘‘(B) the project will enhance the economic
growth potential of the district or result in ad-
ditional long-term employment opportunities
commensurate with the amount of Federal fi-
nancial assistance requested; and
‘‘(C) the amount of Federal financial as-
sistance requested is reasonably related to the
size, population, and economic needs of the dis-
trict;
‘‘(4) subject to the 50 percent non-Federal
share required for any project by section 201(c), in-
crease the amount of grant assistance authorized by
section 201 for projects within areas described in
section 502(a), by an amount not to exceed 10 per-
cent of the aggregate cost of any such project, in ac-
cordance with such regulations as the Administrator
shall prescribe if—
‘‘(A) the area described in section 502(a)
is situated within a designated economic devel-
opment district and is actively participating in
the economic development activities of the dis-
trict; and
‘‘(B) the project is consistent with an ap-
proved investment strategy.
‘‘(b) AUTHORITIES.—In designating economic devel-
opment districts and approving district investment strate-
gies under subsection (a), the Administrator may, under
regulations prescribed by the Administrator—
‘‘(1) invite the several States to draw up pro-
posed district boundaries and to identify potential
economic development centers;
‘‘(2) cooperate with the several States—
‘‘(A) in sponsoring and assisting district
economic planning and development groups;
and
‘‘(B) in assisting such district groups to
formulate district investment strategies; and
‘‘(3) encourage participation by appropriate
local governmental authorities in such economic de-
velopment districts.
‘‘(c) TERMINATION OR MODIFICATION OF DESIGNA-
TIONS.—The Administrator shall by regulation prescribe
standards for the termination or modification of economic
development districts and economic development centers
designated under the authority of this section.
‘‘(d) DEFINITIONS.—In this Act, the following defini-
tions apply:
‘‘(1) ECONOMIC DEVELOPMENT DISTRICT.—The
term ‘economic development district’ refers to any
area within the United States composed of cooperat-
ing areas described in section 502(a) and, where ap-
propriate, designated economic development centers
and neighboring counties or communities, which has
been designated by the Administrator as an eco-
nomic development district. Such term includes any
economic development district designated under sec-
tion 403 of this Act, as in effect on the day before
the effective date specified in section 802.
‘‘(2) ECONOMIC DEVELOPMENT CENTER.—The
term ‘economic development center’ refers to any
area within the United States which has been identi-
fied as an economic development center in an ap-
proved investment strategy and which has been des-
ignated by the Administrator as eligible for financial
assistance under this Act in accordance with the
provisions of this section.
‘‘(3) LOCAL
GOVERNMENT.—The term ‘local
government’ means any city, county, town, parish,
village, or other general-purpose political subdivision
of a State.
‘‘(e) PARTS OF ECONOMIC DEVELOPMENT DISTRICTS
NOT WITHIN AREAS DESCRIBED IN SECTION 502(a).—
The Administrator is authorized to provide the financial
assistance which is available to an area described in sec-
tion 502(a) under this Act to those parts of an economic
development district which are not within an area de-
scribed in section 502(a), when such assistance will be of
a substantial direct benefit to an area described in section
502(a) within such district. Such financial assistance shall
be provided in the same manner and to the same extent
as is provided in this Act for an area described in section
502(a); except that nothing in this subsection shall be con-
strued to permit such parts to receive the increase in the
amount of grant assistance authorized in subsection
(a)(4).
‘‘TITLE VI—ADMINISTRATION
‘‘SEC. 601. APPOINTMENT OF ASSOCIATE ADMINISTRATOR;
FULL TIME EQUIVALENT EMPLOYEES.
‘‘(a) APPOINTMENT.—The Administrator shall carry
out the duties vested in the Administrator by this Act act-
ing through an Associate Administrator of the Small Busi-
ness Administration, who shall be appointed by the Presi-
dent by and with the advice and consent of the Senate.
‘‘(b) PAY.—The Associate Administrator shall be
compensated by the Federal Government at the rate pre-
scribed for level V of the Executive Schedule under section
5316 of title 5, United States Code.
‘‘(c) FULL TIME EQUIVALENT EMPLOYEES.—The
Administrator shall assign not to exceed 25 full time
equivalent employees of the Small Business Administra-
tion (excluding the Associate Administrator) to assist the
Administrator in the carrying out the duties vested in the
Administrator by this Act.
‘‘SEC. 602. REGIONAL COOPERATIVE AGREEMENTS.
‘‘(a) IN GENERAL.—The Administrator shall make
grants and carry out such other functions under this Act
as the Administrator considers appropriate by entering
into cooperative agreements with 1 or more States on a
regional basis. Each State entering into such an agree-
ment shall be represented by the chief executive officer
of the State.
‘‘(b) TERMS AND CONDITIONS.—A cooperative agree-
ment entered into under subsection (a) shall include such
terms and conditions as the Administrator determines are
necessary to carry out the provisions of this Act. Such
terms and conditions at a minimum shall provide that no
decision concerning regional policies or approval of project
or grant applications may be made without the consent
of the Administrator and a majority of the States partici-
pating in the cooperative agreement.
‘‘(c) PARTICIPATION NOT REQUIRED.—No State
shall be required to enter into a cooperative agreement
under this section or to participate in any program estab-
lished by this Act.
‘‘SEC. 603. ADMINISTRATIVE EXPENSES.
‘‘(a) PAYMENT BY STATES.—Fifty percent of the ad-
ministrative expenses incurred by States in participating
in a cooperative agreement entered into under section 602
shall be paid by such States and the remaining 50 percent
of such expenses shall be paid by the Federal Government.
‘‘(b) DETERMINATION OF STATE SHARE.—The share
of the administrative expenses to be paid by each State
participating in a cooperative agreement shall be deter-
mined by a majority vote of such States. The Adminis-
trator may not participate or vote in such determination.
‘‘(c) DELINQUENT PAYMENTS.—No assistance au-
thorized by this Act shall be furnished to any State or
to any political subdivision or resident of a State, nor shall
the State participate or vote in any decision described in
section 602(b), while such State is delinquent in the pay-
ment of such State’s share of the administrative expenses
described in subsection (a).
‘‘SEC. 604. FEDERAL SHARE.
‘‘Except as otherwise expressly provided by this Act,
the Federal share of the cost of any project funded with
amounts made available under this Act shall not exceed
50 percent of such cost.
‘‘SEC. 605. COOPERATION OF FEDERAL AGENCIES.
‘‘Each Federal department and agency, in accordance
with applicable laws and within the limits of available
funds, shall cooperate with the Administrator in order to
assist the Administrator in carrying out the functions of
the Administrator.
‘‘SEC. 606. CONSULTATION WITH OTHER PERSONS AND
AGENCIES.
‘‘(a) CONSULTATION ON PROBLEMS RELATING TO
EMPLOYMENT.—The Administrator is authorized from
time to time to call together and confer with any persons,
including representatives of labor, management, agri-
culture, and government, who can assist in meeting the
problems of area and regional unemployment or
underemployment.
‘‘(b) CONSULTATION ON ADMINISTRATION OF ACT.—
The Administrator may make provisions for such consulta-
tion with interested departments and agencies as the Ad-
ministrator may deem appropriate in the performance of
the functions vested in the Administrator by this Act.
‘‘SEC. 607. ADMINISTRATION, OPERATION, AND MAINTE-
NANCE.
‘‘No Federal assistance shall be approved under this
Act unless the Administrator is satisfied that the project
for which Federal assistance is granted will be properly
and efficiently administered, operated, and maintained.
‘‘TITLE VII—MISCELLANEOUS
‘‘SEC. 701. POWERS OF ADMINISTRATOR.
‘‘(a) IN GENERAL.—In performing the Administra-
tor’s duties under this Act, the Administrator is author-
ized to—
‘‘(1) adopt, alter, and use a seal, which shall be
judicially noticed;
‘‘(2) subject to the civil-service and classifica-
tion laws, select, employ, appoint, and fix the com-
pensation of such personnel as may be necessary to
carry out the provisions of this Act;
‘‘(3) hold such hearings, sit and act at such
times and places, and take such testimony, as the
Administrator may deem advisable;
‘‘(4) request directly from any executive depart-
ment, bureau, agency, board, commission, office,
independent establishment, or instrumentality infor-
mation, suggestions, estimates, and statistics needed
to carry out the purposes of this Act; and each de-
partment, bureau, agency, board, commission, office,
establishment, or instrumentality is authorized to
furnish such information, suggestions, estimates,
and statistics directly to the Administrator;
‘‘(5) under regulations prescribed by the Ad-
ministrator, assign or sell at public or private sale,
or otherwise dispose of for cash or credit, in the Ad-
ministrator’s discretion and upon such terms and
conditions and for such consideration as the Admin-
istrator determines to be reasonable, any evidence of
debt, contract, claim, personal property, or security
assigned to or held by the Administrator in connec-
tion with assistance extended under this Act, and
collect or compromise all obligations assigned to or
held by the Administrator in connection with such
assistance until such time as such obligations may
be referred to the Attorney General for suit or col-
lection;
‘‘(6) deal with, complete, renovate, improve,
modernize, insure, rent, or sell for cash or credit,
upon such terms and conditions and for such consid-
eration as the Administrator determines to be rea-
sonable, any real or personal property conveyed to,
or otherwise acquired by the Administrator in con-
nection with assistance extended under this Act;
‘‘(7) pursue to final collection, by way of com-
promise or other administrative action, prior to ref-
erence to the Attorney General, all claims against
third parties assigned to the Administrator in con-
nection with assistance extended this Act;
‘‘(8) acquire, in any lawful manner and in ac-
cordance with the requirements of the Federal Prop-
erty and Administrative Services Act of 1949, any
property (real, personal, or mixed, tangible or intan-
gible), whenever necessary or appropriate to the con-
duct of the activities authorized under this Act;
‘‘(9) in addition to any powers, functions, privi-
leges, and immunities otherwise vested in the Ad-
ministrator, take any action, including the procure-
ment of the services of attorneys by contract, deter-
mined by the Administrator to be necessary or desir-
able in making, purchasing, servicing, compromising,
modifying, liquidating, or otherwise administratively
dealing with assets held in connection with financial
assistance extended under this Act;
‘‘(10) employ experts and consultants or organi-
zations as authorized by section 3109 of title 5,
United States Code, compensate individuals so em-
ployed at rates not in excess of $100 per diem, in-
cluding travel time, and allow them, while away from
their homes or regular places of business, travel ex-
penses (including per diem in lieu of subsistence) as
authorized by section 5703 of title 5, United States
Code, for persons in the Government service em-
ployed intermittently, while so employed, except that
contracts for such employment may be renewed an-
nually;
‘‘(11) sue and be sued in any court of record
of a State having general jurisdiction or in any Unit-
ed States district court, and jurisdiction is conferred
upon such district court to determine such con-
troversies without regard to the amount in con-
troversy; but no attachment, injunction, garnish-
ment, or other similar process, mesne or final, shall
be issued against the Administrator or the Adminis-
trator’s property;
‘‘(12) make discretionary grants, pursuant to
authorities otherwise available to the Administrator
under this Act and without regard to the require-
ments of section 504, to implement significant re-
gional initiatives, to take advantage of special devel-
opment opportunities, or to respond to emergency
economic distress in a region from the funds with-
held from distribution by the Administrator; except
that the aggregate amount of such discretionary
grants in any fiscal year may not exceed 10 percent
of the amounts appropriated under title VIII for
such fiscal year;
‘‘(13) allow a State to use not to exceed 5 per-
cent of the total of amounts received by the State
in a fiscal year in grants under this Act for reason-
able expenses incurred by the State in administering
such amounts; and
‘‘(14) establish such rules, regulations, and pro-
cedures as the Administrator considers appropriate
in carrying out the provisions of this Act.
‘‘(b) 
DEFICIENCY
JUDGMENTS.—The 
authority
under subsection (a)(7) to pursue claims shall include the
authority to obtain deficiency judgments or otherwise in
the case of mortgages assigned to the Administrator.
‘‘(c) INAPPLICABILITY
OF CERTAIN OTHER RE-
QUIREMENTS.—Section 3709 of the Revised Statutes of
the United States shall not apply to any contract of haz-
ard insurance or to any purchase or contract for services
or supplies on account of property obtained by the Admin-
istrator as a result of assistance extended under this Act
if the premium for the insurance or the amount of the
insurance does not exceed $1,000.
‘‘(d) POWERS OF CONVEYANCE AND EXECUTION.—
The power to convey and to execute, in the name of the
Administrator, deeds of conveyance, deeds of release, as-
signments and satisfactions of mortgages, and any other
written instrument relating to real or personal property
or any interest therein acquired by the Administrator pur-
suant to the provisions of this Act may be exercised by
the Administrator, or by any officer or agent appointed
by the Administrator for such purpose, without the execu-
tion of any express delegation of power or power of attor-
ney.
‘‘SEC. 702. ESTABLISHMENT OF CLEARINGHOUSE.
‘‘In carrying out the Administrator’s duties under
this Act, the Administrator shall ensure that the Small
Business Administration—
‘‘(1) serves as a central information clearing-
house on matters relating to economic development,
economic adjustment, disaster recovery, and defense
conversion programs and activities of the Federal
and State governments, including political subdivi-
sions of the States; and
‘‘(2) helps potential and actual applicants for
economic development, economic adjustment, disas-
ter recovery, and defense conversion assistance
under Federal, State, and local laws in locating and
applying for such assistance, including financial and
technical assistance.
‘‘SEC. 703. PERFORMANCE MEASURES.
‘‘The Administrator shall establish performance
measures for grants and other assistance provided under
this Act. Such performance measures shall be used to
evaluate project proposals and conduct evaluations of
projects receiving such assistance.
‘‘SEC. 704. MAINTENANCE OF STANDARDS.
‘‘The Administrator shall continue to implement and
enforce the provisions of section 712 of this Act, as in
effect on the day before the effective date specified in sec-
tion 802.
‘‘SEC. 705. TRANSFER OF FUNCTIONS.
‘‘The functions, powers, duties, and authorities and
the assets, funds, contracts, loans, liabilities, commit-
ments, authorizations, allocations, and records which are
vested in or authorized to be transferred to the Secretary
of the Treasury under section 29(b) of the Area Redevel-
opment Act, and all functions, powers, duties, and authori-
ties under section 29(c) of such Act are hereby vested in
the Administrator.
‘‘SEC. 706. DEFINITION OF STATE.
‘‘In this Act, the terms ‘State’, ‘States’, and ‘United
States’ include the several States, the District of Colum-
bia, Puerto Rico, the Virgin Islands, American Samoa,
Guam, the Marshall Islands, Micronesia, and the North-
ern Mariana Islands.
‘‘SEC. 707. ANNUAL REPORT TO CONGRESS.
‘‘The Administrator shall transmit to Congress a
comprehensive and detailed annual report of the Adminis-
trator’s operations under this Act for each fiscal year be-
ginning with the fiscal year ending September 30, 1996.
Such report shall be printed and shall be transmitted to
Congress not later than April 1 of the year following the
fiscal year with respect to which such report is made.
‘‘SEC. 708. USE OF OTHER FACILITIES.
‘‘(a) DELEGATION OF FUNCTIONS TO OTHER FED-
ERAL DEPARTMENTS
AND AGENCIES.—The Adminis-
trator may delegate to the heads of other departments and
agencies of the Federal Government any of the Adminis-
trator’s functions, powers, and duties under this Act as
the Administrator may deem appropriate, and to authorize
the redelegation of such functions, powers, and duties by
the heads of such departments and agencies.
‘‘(b) DEPARTMENT
AND AGENCY EXECUTION
OF
DELEGATED AUTHORITY.—Departments and agencies of
the Federal Government shall exercise their powers, du-
ties, and functions in such manner as will assist in carry-
ing out the objectives of this Act.
‘‘(c) TRANSFER BETWEEN DEPARTMENTS.—Funds
authorized to be appropriated under this Act may be
transferred between departments and agencies of the Gov-
ernment, if such funds are used for the purposes for which
they are specifically authorized and appropriated.
‘‘(d) FUNDS TRANSFERRED FROM OTHER DEPART-
MENTS AND AGENCIES.—In order to carry out the objec-
tives of this Act, the Administrator may accept transfers
of funds from other departments and agencies of the Fed-
eral Government if the funds are used for the purposes
for which (and in accordance with the terms under which)
the funds are specifically authorized and appropriated.
Such transferred funds shall remain available until ex-
pended, and may be transferred to and merged with the
appropriations under the heading ‘salaries and expenses’
by the Administrator to the extent necessary to administer
the program.
‘‘SEC. 709. EMPLOYMENT OF EXPEDITERS AND ADMINIS-
TRATIVE EMPLOYEES.
‘‘No financial assistance shall be extended by the Ad-
ministrator under this Act to any business enterprise un-
less the owners, partners, or officers of such business en-
terprise—
‘‘(1) certify to the Administrator the names of
any attorneys, agents, and other persons engaged by
or on behalf of such business enterprise for the pur-
pose of expediting applications made to the Adminis-
trator for assistance of any sort, under this Act, and
the fees paid or to be paid to any such person; and
‘‘(2) execute an agreement binding such busi-
ness enterprise, for a period of 2 years after such
assistance is rendered by the Administrator to such
business enterprise, to refrain from employing, ten-
dering any office or employment to, or retaining for
professional services, any person who, on the date
such assistance or any part thereof was rendered, or
within the 1-year period ending on such date, shall
have served as an officer, attorney, agent, or em-
ployee, occupying a position or engaging in activities
which the Administrator determines involves discre-
tion with respect to the granting of assistance under
this Act.
‘‘SEC. 710. MAINTENANCE OF RECORDS OF APPROVED AP-
PLICATIONS FOR FINANCIAL ASSISTANCE;
PUBLIC INSPECTION.
‘‘(a) MAINTENANCE OF RECORD REQUIRED.—The
Administrator shall maintain as a permanent part of the
records of the Small Business Administration a list of ap-
plications approved for financial assistance under this Act,
which shall be kept available for public inspection during
the regular business hours of the Small Business Adminis-
tration.
‘‘(b) POSTING TO LIST.—The following information
shall be posted in such list as soon as each application
is approved:
‘‘(1) The name of the applicant and, in the case
of corporate applications, the names of the officers
and directors thereof.
‘‘(2) The amount and duration of the financial
assistance for which application is made.
‘‘(3) The purposes for which the proceeds of the
financial assistance are to be used.
‘‘SEC. 711. RECORDS AND AUDIT.
‘‘(a) RECORDKEEPING AND DISCLOSURE REQUIRE-
MENTS.—Each recipient of assistance under this Act shall
keep such records as the Administrator shall prescribe, in-
cluding records which fully disclose the amount and the
disposition by such recipient of the proceeds of such assist-
ance, the total cost of the project or undertaking in con-
nection with which such assistance is given or used, and
the amount and nature of that portion of the cost of the
project or undertaking supplied by other sources, and such
other records as will facilitate an effective audit.
‘‘(b) ACCESS
TO BOOKS
FOR EXAMINATION
AND
AUDIT.—The Administrator and the Comptroller General
of the United States, or any of their duly authorized rep-
resentatives, shall have access for the purpose of audit and
examination to any books, documents, papers, and records
of the recipient that are pertinent to assistance received
under this Act.
‘‘SEC. 712. PROHIBITION AGAINST A STATUTORY CON-
STRUCTION WHICH MIGHT CAUSE DIMINU-
TION IN OTHER FEDERAL ASSISTANCE.
‘‘All financial and technical assistance authorized
under this Act shall be in addition to any Federal assist-
ance previously authorized, and no provision of this Act
shall be construed as authorizing or permitting any reduc-
tion or diminution in the proportional amount of Federal
assistance to which any State or other entity eligible under
this Act would otherwise be entitled under the provisions
of any other Act.
‘‘SEC. 713. ACCEPTANCE OF APPLICANTS’ CERTIFICATIONS.
‘‘The Administrator may accept, when deemed appro-
priate, the applicants’ certifications to meet the require-
ments of this Act.
‘‘TITLE VIII—FUNDING;
EFFECTIVE DATE
‘‘SEC. 801. AUTHORIZATION OF APPROPRIATIONS
‘‘There is authorized to be appropriated to carry out
this Act $340,000,000 per fiscal year for each of fiscal
years 1996, 1997, 1998, 1999, and 2000. Such sums shall
remain available until expended.
‘‘SEC. 802. EFFECTIVE DATE.
‘‘The effective date specified in this section is the
abolishment date specified in section 2101(c) of the De-
partment of Commerce Dismantling Act.’’.
(b) CONFORMING AMENDMENTS TO TITLE 5.—Sec-
tion 5316 of title 5, United States Code, is amended—
(1) by striking ‘‘Associate Administrators of the
Small Business Administration (4)’’ and inserting
‘‘Associate Administrators of the Small Business
Administration (5)’’; and
(2) by striking ‘‘Administrator for Economic
Development.’’.
(c) GAO STUDY.—On or before December 30, 1996,
the Comptroller General shall submit to Congress a plan
or plans for consolidating economic development programs
throughout the Federal Government. The plan or plans
shall focus on, but not be limited to, consolidating pro-
grams included in the Catalogue of Federal Domestic As-
sistance with similar purposes and target populations. The
plan or plans shall detail how consolidation can lead to
improved grant or program management, improvements in
achieving program goals, and reduced costs.
SEC. 2202. TECHNOLOGY ADMINISTRATION.
(a) TECHNOLOGY ADMINISTRATION.—
100
(1) GENERAL RULE.—Except as otherwise pro-
vided in this section, the Technology Administration
is terminated.
(2) OFFICE OF TECHNOLOGY POLICY.—The Of-
fice of Technology Policy is terminated.
(b) NATIONAL
INSTITUTE
OF
STANDARDS
AND
TECHNOLOGY.—
(1) REDESIGNATION.—The National Institute
of Standards and Technology is hereby redesignated
as the National Bureau of Standards, and all ref-
erences to the National Institute of Standards and
Technology in Federal law or regulations are deemed
to be references to the National Bureau of Stand-
ards.
(2) GENERAL RULE.—The National Bureau of
Standards (in this subsection referred to as the
‘‘Bureau’’) is transferred to the National Scientific,
Oceanic, and Atmospheric Administration, estab-
lished under section 2206.
(3) FUNCTIONS OF DIRECTOR.—Except as oth-
erwise provided in this section or section 2207, upon
the transfer under paragraph (2), the Director of
the Bureau shall perform all functions relating to
the Bureau that, immediately before the effective
date specified in section 2208(a), were functions of
101
the Secretary of Commerce or the Under Secretary
of Commerce for Technology.
(c) NATIONAL
TECHNICAL
INFORMATION
SERV-
ICE.—
(1) PRIVATIZATION.—All functions of the Na-
tional Technical Information Service are transferred
to the Director of Office of Management and Budget
for privatization in accordance with section 2108 be-
fore the end of the 18-month period beginning on
the date of the enactment of this Act.
(2) TRANSFER TO NATIONAL SCIENTIFIC, OCE-
ANIC, AND ATMOSPHERIC ADMINISTRATION.—If an
appropriate arrangement for the privatization of
functions of the National Technical Information
Service under paragraph (1) has not been made be-
fore the end of the period described in that para-
graph, the National Technical Information Service
shall be transferred as of the end of such period to
the National Scientific, Oceanic, and Atmospheric
Administration established by section 2206.
(3) GOVERNMENT CORPORATION.—If an appro-
priate arrangement for the privatization of functions
of the National Technical Information Service under
paragraph (1) has not been made before the end of
the period described in that paragraph, the Director
102
of the Office of Management and Budget shall, with-
in 6 months after the end of such period, submit to
Congress a proposal for legislation to establish the
National Technical Information Service as a wholly
owned Government corporation. The proposal should
provide for the corporation to perform substantially
the same functions that, as of the date of enactment
of this Act, are performed by the National Technical
Information Service.
(4) FUNDING.—No funds are authorized to be
appropriated for the National Technical Information
Service or any successor corporation established pur-
suant to a proposal under paragraph (3).
(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’’;
103
(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);
104
(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’’ in subsection (c)(1) and in-
serting in lieu thereof ‘‘Separate’’;
(ii) by striking paragraph (2) of sub-
section (c) and redesignating paragraph
(3) as paragraph (2);
(iii) by striking ‘‘funds to carry out’’
in subsection (f), and inserting in lieu
thereof ‘‘funds only to pay the salary of
the Director of the Office of Quality Pro-
grams, who shall be responsible for carry-
ing out’’; and
(iv) by adding at the end the following
new subsection:
‘‘(h) VOLUNTARY
AND
UNCOMPENSATED
SERV-
ICES.—The Director of the Office of Quality Programs
105
may accept voluntary and uncompensated services not-
withstanding the provisions of section 1342 of title 31,
United States Code.’’.
(3) MISCELLANEOUS AMENDMENTS.—Section 3
of Public Law 94–168 (15 U.S.C. 205b) is amend-
ed—
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3) and
(4) as paragraphs (2) and (3), respectively; and
(C) in paragraph (3), as so redesignated
by subparagraph (B) of this paragraph, by
striking ‘‘in nonbusiness activities’’.
SEC. 2203. REORGANIZATION OF THE BUREAU OF THE CEN-
SUS AND THE BUREAU OF ECONOMIC ANALY-
SIS.
(a) TRANSFER OF FUNCTIONS.—All functions of the
Secretary of Commerce relating to the Bureau of the Cen-
sus and the Bureau of Economic Analysis of the Depart-
ment of Commerce are transferred to the Secretary of
Labor.
(b) TRANSFER OF BUREAUS.—The Bureau of the
Census and Bureau of Economic Analysis of the Depart-
ment of Commerce are transferred to the Department of
Labor.
106
(c) CONSOLIDATION WITH THE BUREAU OF LABOR
STATISTICS.—The Secretary of Labor shall consolidate
the Bureaus transferred under subsection (b) with the Bu-
reau of Labor Statistics within the Department of Labor.
(d) REFERENCES TO SECRETARY.—Section 1(2) of
the title 13, United States Code, is amended by striking
out ‘‘Secretary of Commerce’’ and inserting in lieu thereof
‘‘Secretary of Labor’’.
(e) REFERENCES TO DEPARTMENT.—Section 2 of
title 13, United States Code, is amended by striking out
‘‘Department of Commerce’’ and inserting in lieu thereof
‘‘Department of Labor’’.
(f) GENERAL REFERENCES TO SECRETARY AND DE-
PARTMENT.—The provisions of title 13, United States
Code, are further amended—
(1) by striking out ‘‘Secretary of Commerce’’
each place such term appears and insert in lieu
thereof ‘‘Secretary of Labor’’; and
(2) by striking out ‘‘Department of Commerce’’
each place such term appears and inserting in lieu
thereof ‘‘Department of Labor’’.
(g) SUBMISSION OF PLAN.—Within 180 days after
the date of enactment of this Act, the President shall
transmit to the Congress—
107
(1) a determination of the feasibility and poten-
tial savings resulting from the further consolidation
of statistical functions throughout the Government
into a single agency; and
(2) draft legislation under which the provisions
of title 13, United States Code, relating to confiden-
tiality (including offenses and penalties) shall be ap-
plied after the consolidation under subsection (c) has
been effected.
(h) SENSE OF THE CONGRESS.—It is the sense of
the Congress that the Bureau of the Census or the agency
established as a result of the consolidation under sub-
section (c) 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.
SEC. 2204. TERMINATED FUNCTIONS OF NTIA.
(a) REPEALS.—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
108
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.
(b) DISPOSAL OF NTIA LABORATORIES.—
(1) PRIVATIZATION.—All laboratories of the
National Telecommunications and Information Ad-
ministration are transferred to the Director of the
Office of Management and Budget for privatization
in accordance with section 2108 before the end of
the 18-month period beginning on the date of the
enactment of this Act.
(2) TRANSFER TO NATIONAL SCIENTIFIC, OCE-
ANIC, AND ATMOSPHERIC ADMINISTRATION.—If an
appropriate arrangement for the privatization of
functions of the laboratories of the National Tele-
communications and Information Administration
under paragraph (1) has not been made before the
end of the period described in that paragraph, the
111
(3) TERMINATION OF NTIA.—Effective on the
abolishment date specified in section 2101(c), the
National Telecommunications and Information Ad-
ministration is abolished.
SEC. 2205. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN-
ISTRATION.
(a) TERMINATION OF MISCELLANEOUS RESEARCH
PROGRAMS AND ACCOUNTS.—
(1) IN
GENERAL.—No funds may be appro-
priated in any fiscal year for the following programs
and accounts of the National Scientific, Oceanic,
and Atmospheric Administration:
(A) The National Undersea Research Pro-
gram.
(B) The Fleet Modernization Program.
(C) The Charleston, South Carolina, Spe-
cial Management Plan.
(D) Chesapeake Bay Observation Buoys
(as of September 30, 1996).
(E) Federal/State Weather Modification
Grants.
(F) The Southeast Storm Research Ac-
count.
112
(G) The Southeast United States Carib-
bean Fisheries Oceanographic Coordinated In-
vestigations Program.
(H) National Institute for Environmental
Renewal.
(I) The Lake Champlain Study.
(J) The Maine Marine Research Center.
(K) The South Carolina Cooperative Geo-
detic Survey Account.
(L) Pacific Island Technical Assistance.
(M) Sea Grant Oyster Disease Account.
(N) Sea Grant Zebra Mussel Account.
(O) VENTS program.
(P) National Weather Service non-Federal,
non-wildfire Weather Service.
(Q) National Weather Service Regional
Climate Centers.
(R) National Weather Service Samoa
Weather Forecast Office Repair and Upgrade
Account.
(S) Dissemination of Weather Charts (Ma-
rine Facsimile Service).
(T) The Climate and Global Change Ac-
count.
118
National Weather Service, except as outlined in
paragraph (3), shall be responsible for the following:
(A) Forecasts. The Administrator of
Science, Oceans, and the Atmosphere, through
the National Weather Service, shall serve as the
sole official source of severe weather warnings.
(B) Issuance of storm warnings.
(C) The collection, exchange, and distribu-
tion of meteorological, hydrological, climatic,
and oceanographic data and information.
(D) The preparation of hydro-meteorologi-
cal guidance and core forecast information.
(3) LIMITATIONS ON COMPETITION.—The Na-
tional Weather Service may not compete, or assist
other entities to compete, with the private sector to
provide a service when that service is currently pro-
vided or can be provided by a commercial enterprise
unless—
(A) the Administrator of Science, Oceans,
and the Atmosphere finds that the private sec-
tor is unwilling or unable to provide the service;
or
(B) the Administrator of Science, Oceans,
and the Atmosphere finds that the service pro-
vides vital weather warnings and forecasts for