(1) by striking out the items relating to the As-
sistant Administrator for Coastal Zone Management,
National Oceanic and Atmospheric Administration,
the Assistant Administrator for Fisheries, National
Oceanic and Atmospheric Administration, and the
Assistant Administrators, National Oceanic and At-
mospheric Administration; and
(2) by adding at the end thereof the following:
‘‘Assistant Administrators, National Oceanic
and Atmospheric Administration.’’.
COORDINATION OF ENVIRONMENTAL POLICY
SEC. 427. The Administration shall consult and co-
ordinate environmental policy with the Council on Envi-
ronmental Quality of the Executive Office of the
President.
TITLE V—ESTABLISHMENT OF ECONOMIC DE-
VELOPMENT ADMINISTRATION AS AN INDE-
PENDENT AGENCY
PART A—ESTABLISHMENT OF ECONOMIC
DEVELOPMENT ADMINISTRATION
SHORT TITLE
SEC. 501. This title may be cited as the ‘‘Economic
Development Administration Act of 1993’’.
FINDINGS
SEC. 502. The Congress finds that the establishment
of an independent agency for economic development will—
(1) provide a focus for economic development
activities; and
(2) facilitate the development of a single agency
and a unified means for research concerning eco-
nomic development programs.
ESTABLISHMENT
SEC. 503. There is established as an independent es-
tablishment of the Government the Economic Develop-
ment Administration. The Administration shall succeed
the Economic Development Administration of the Depart-
ment of Commerce in existence on the day before the ef-
fective date of this Act.
PART B—ADMINISTRATIVE PROVISIONS
RULES
SEC. 504. In the performance of the functions of the
Administrator and the Administration, the Administrator
is authorized to make, promulgate, issue, rescind, and
amend rules and regulations. The promulgation of such
rules and regulations—
(1) shall be governed by the provisions of title
V, United States Code; and
(2) shall be after notice and opportunity for full
participation by relevant Federal agencies, State
agencies, local governments, regional organizations,
authorities, councils, and other interested public and
private parties.
DELEGATION
SEC. 505. Except as otherwise provided in this Act,
the Administrator may delegate any function to such offi-
cers and employees of the Administration as the Adminis-
trator may designate, and may authorize such successive
redelegations of such functions in the Administration as
may be necessary or appropriate. No delegation of func-
tions by the Administrator under this section or under any
other provision of this Act shall relieve the Administrator
of responsibility for the administration of such functions.
PERSONNEL AND SERVICES
SEC. 506. (a) In the performance of the functions of
the Administrator and in addition to the officers provided
for by section 305, the Administrator is authorized to ap-
point, transfer, and fix the compensation of such officers
and employees, including attorneys, as may be necessary
to carry out the functions of the Administrator and the
Administration. Except as otherwise provided by law, such
officers and employees shall be appointed in accordance
with the civil service laws and compensated in accordance
with title 5, United States Code.
(b) The Administrator is authorized to obtain the
services of experts and consultants in accordance with sec-
tion 3109 of title 5, United States Code.
(c) The Administrator is authorized to pay transpor-
tation expenses, and per diem in lieu of subsistence ex-
penses, in accordance with chapter 57 of title 5, United
States Code.
(d) The Administrator is authorized to utilize, on a
reimbursable basis, the services of personnel of any Fed-
eral agency. With the approval of the President, the Ad-
ministrator is authorized to enter into cooperative agree-
ments under which members of the Army, Navy, Air
Force, and Marine Corps may be detailed by the Secretary
of the Army, the Navy, or the Air Force, as the case may
be, to assist the Administrator in carrying out the func-
tions of the Administrator. Members of the Army, Navy,
Air Force, or Marine Corps detailed to carry out functions
under this section shall carry out such functions to the
same extent as that to which such members might be law-
fully assigned in the Department of Defense.
(e) The Administrator is authorized to appoint such
advisory committees as may be appropriate for purposes
of consultation and advice to the Administration in carry-
ing out the functions of the Administration.
(f)(1)(A) The Administrator is authorized to accept
voluntary and uncompensated services without regard to
the provisions of section 1342 of title 31, United States
Code, if such services will not be used to displace Federal
employees employed on a full-time, part-time, or seasonal
basis.
(B) The Administrator is authorized to accept volun-
teer service in accordance with the provisions of section
3111 of title 5, United States Code.
(2) The Administrator is authorized to provide for
incidental expenses, including but not limited to transpor-
tation, lodging, and subsistence for such volunteers.
(3) An individual who provides voluntary services
under paragraph (1)(A) of this subsection shall not be
considered a Federal employee for any purpose other than
for purposes of chapter 81 of title 5, United States Code,
relating to compensation for work injuries, and chapter
171 of title 28, United States Code, relating to tort claims.
CONTRACTS
SEC. 507. The Administrator is authorized, without
regard to the provisions of section 3324 of title 31, United
States Code, to enter into and perform such contracts,
leases, cooperative agreements, or other transactions as
may be necessary to carry out the functions of the Admin-
istrator and the Administration. The Administrator may
enter into such contracts, leases, agreements, and trans-
actions with any Federal agency or any instrumentality
of the United States, or with any State, territory, or pos-
session, or with any political subdivision thereof, or with
any person, firm, association, corporation, or educational
institution, on such terms and conditions as the Adminis-
trator may consider appropriate. The authority of the Ad-
ministrator to enter into contracts and leases under this
section shall be to such extent or in such amounts as are
provided in appropriation Acts.
USE OF FACILITIES
SEC. 508. With their consent, the Administrator may,
with or without reimbursement, use the services, equip-
ment, personnel, and facilities of Federal agencies and
other public and private agencies, and may cooperate with
other public and private agencies and instrumentalities in
the use of services, equipment, personnel, and facilities.
The head of each Federal agency shall cooperate fully with
the Administrator in making the services, equipment, per-
sonnel, and facilities of the Federal agency available to
the Administrator. The head of a Federal agency is au-
thorized, notwithstanding any other provision of law, to
transfer to or to receive from the Administration, without
reimbursement, supplies and equipment other than admin-
istrative supplies or equipment.
SERVICE CHARGES
SEC. 509. (a) Notwithstanding any other provision
of law, the Administrator may establish reasonable fees
and commissions with respect to applications, documents,
awards, loans, grants, research data, services, and assist-
ance and may change and abolish such fees and commis-
sions. Prior to establishing, changing, or abolishing any
100
(5) such other factors as the Administrator con-
siders relevant.
(e) In any case in which the Administrator deter-
mines that any person has made a payment which is not
required under this section or has made a payment which
is in excess of the amount required under this section, the
Administrator, upon application or otherwise, may cause
a refund to be made from applicable funds.
ACQUISITION AND MAINTENANCE OF PROPERTY
SEC. 510. (a) The Administrator is authorized—
(1) to acquire (by purchase, lease, condemna-
tion, or otherwise) construct, improve, repair, oper-
ate, and maintain—
(A) laboratories;
(B) research and testing sites and facili-
ties;
(C) quarters and related accommodations
for employees and dependents of employees of
the Administration; and
(D) such other real and personal property
(including patents), or any interest therein
within and outside the continental United
States,
as the Administrator considers necessary;
(2) to lease to others such real and personal
property; and
101
(3) to provide by contract or otherwise for eat-
ing facilities and other necessary facilities for the
welfare of employees of the Administration at its in-
stallations and to purchase and maintain equipment
therefor.
(b) Title to any property or interest therein acquired
pursuant to this section shall be in the United States.
(c) The authority granted by subsection (a) of this
section shall be available only with respect to facilities of
a special purpose nature that cannot readily be reassigned
from similar Federal activities and are not otherwise avail-
able for assignment to the Administration by the Adminis-
trator of General Services.
(d) The authority of the Administrator to enter into
contracts and leases under this section shall be to such
extent or in such amounts as are provided in appropriation
Acts.
FACILITIES AT REMOTE LOCATIONS
SEC. 511. (a) The Administrator is authorized to pro-
vide, construct, or maintain for employees and their de-
pendents stationed at remote locations as necessary and
when not otherwise available at such remote locations—
(1) emergency medical services and supplies;
(2) food and other subsistence supplies;
(3) meeting facilities;
102
(4) audiovisual equipment, accessories, and sup-
plies for recreation and training;
(5) reimbursement for food, clothing, medicine,
and other supplies furnished by such employees in
emergencies for the temporary relief of distressed
persons;
(6) living and working quarters and facilities;
and
(7) transportation for school-age dependents of
employees to the nearest appropriate educational
facilities.
(b) The furnishing of medical treatment under para-
graph (1) of subsection (a) and the furnishing of services
and supplies under paragraphs (2) and (3) of such sub-
section shall be at prices reflecting reasonable value as de-
termined by the Administrator.
(c) Proceeds derived from reimbursements under this
section shall be deposited in the Treasury and may be
withdrawn by the Administrator to pay directly the cost
of work or services provided under this section, to repay
or make advances to appropriations of funds which do or
will bear all or a part of such cost, or to refund excess
sums when necessary, except that such payments may be
credited to a service or working capital fund otherwise es-
tablished by law, and used under the law governing such
103
funds if the fund is available for use by the Administrator
for performing the work or services for which payment is
received.
COPYRIGHTS AND PATENTS
SEC. 512. The Administrator is authorized to acquire
any of the following described rights if the property ac-
quired thereby is for use in, or is useful to, the per-
formance of functions of the Administrator or the Ad-
ministration:
(1) Copyrights, patents, and applications for
patents, designs, processes, specifications, and data.
(2) Licenses under copyrights, patents, and ap-
plications for patents.
(3) Releases, before an action is brought, for
past infringement of patents of copyrights.
GIFTS AND BEQUESTS
SEC. 513. The Administrator is authorized to accept,
hold, administer and utilize gifts, donations, or bequests
of property, real or personal, tangible or intangible, and
contributions of money for purposes of aiding or facilitat-
ing the work of the Administrator or the Administration.
For the purposes of Federal income, estate, and gift taxes,
and State taxes, property accepted under this subsection
shall be considered a gift or bequest to the United States.
104
TRANSFERS OF FUNDS FROM OTHER FEDERAL AGENCIES
SEC. 514. The Administrator is authorized to accept
transfers from other Federal agencies of funds which are
available to carry out functions transferred by this Act to
the Administrator or functions assigned by law to the Ad-
ministrator after the date of enactment of this Act.
WORKING CAPITAL FUND
SEC. 515. (a) The Administrator is authorized to es-
tablish for the Administration a working capital fund, to
be available without fiscal year limitation, for expenses
necessary for the maintenance and operation of such com-
mon administrative services as the Administrator shall
find to be desirable in the interest of economy and effi-
ciency, including such services as—
(1) a central supply service for stationery and
other supplies and equipment for which adequate
stocks may be maintained to meet in whole or in
part the requirements of the Administration and its
components;
(2) central messenger, mail, and telephone serv-
ice and other communications service;
(3) office space, central services for document
reproduction and for graphics and visual aids; and
(4) a central library service.
(b) The capital of the fund shall consist of any appro-
priations made for the purpose of providing working cap-
105
ital and the fair and reasonable value of such stocks of
supplies, equipment, and other assets and inventories on
order as the Administrator may transfer to the fund, less
the related liabilities and unpaid obligations. Such funds
shall be reimbursed in advance from available funds of
agencies and offices in the Administration, or from other
sources, for supplies and services at rates which will ap-
proximate the expense of operation, including the accrual
of annual leave and the depreciation of equipment. The
fund shall also be credited with receipts from sale or ex-
change of property and receipts in payment for loss or
damage to property owned by the fund. There shall be cov-
ered into the United States Treasury as miscellaneous re-
ceipts any surplus of the fund (all assets, liabilities, and
prior losses considered) above the amounts transferred or
appropriated to establish and maintain such fund. There
shall be transferred to the fund the stocks of supplies,
equipment, other assets, liabilities, and unpaid obligations
relating to those services which the Administrator deter-
mines will be performed.
SEAL OF ADMINISTRATION
SEC. 516. The Administrator shall cause a seal of
office to be made for the Administration of such design
as the Administrator shall approve. Judicial notice shall
be taken of such seal.
106
ANNUAL REPORT
SEC. 517. (a) As soon as is practicable after the close
of each fiscal year, the Administrator shall submit to the
President a report on the activities of the Administration
during the preceding fiscal year. The President shall
transmit each such report to the Speaker of the House
of Representatives and the President pro tempore of the
Senate not later than December 31 of each year.
(b) Each Federal agency shall, without charge, pro-
vide the Administrator with such data and information as
the Administrator may request to carry out this section.
Each Federal agency shall, on a cost reimbursable basis,
provide the Administrator with such services and person-
nel as the Administrator may request to carry out this
section.
(c)(1) The Administrator is authorized to include in
the report required by subsection (a) for each fiscal year
a report on any program or activity carried out by the
Administrator during such fiscal year.
(2) Notwithstanding any other provision of law, the
inclusion by the Administrator in the report required by
subsection (a) for any fiscal year of a report on any pro-
gram or activity carried out by the Administrator during
such fiscal year shall be considered compliance with any
requirement established by law or regulation that the Ad-
107
ministrator prepare a report with respect to the adminis-
tration of such program or activity during all or part of
such fiscal year. If the Administrator includes in the re-
port required under subsection (a) for any fiscal year a
report on any program or activity, the Administrator shall
include in such report all items required to be included
in the report with respect to such program or activity re-
quired to be prepared by law or regulation.
STATUS OF ADMINISTRATION UNDER CERTAIN LAWS
SEC. 518. For purposes of section 552b of title 5,
United States Code, the Administration is an agency. For
purposes of chapter 9 of such title, the Administration is
an independent regulatory agency.
TITLE VI—TRANSFERS TO OTHER FEDERAL
AGENCIES
PART A—MINORITY BUSINESS DEVELOPMENT AGENCY
TRANSFERS TO THE SMALL BUSINESS ADMINISTRATION
SEC. 601. (a)(1) There are transferred to the Admin-
istrator of the Small Business Administration all functions
of the Secretary of Commerce or the Department of Com-
merce with respect to or being administered through the
Minority Business Development Agency of the Depart-
ment of Commerce or the Director of such Agency.
(2) There are transferred to the Administrator of the
Small Business Administration all functions of the Minor-
108
ity Business Development Agency of the Department of
Commerce and the Director of such Agency.
(b) The Minority Business Development Agency of
the Department of Commerce is transferred to the Small
Business Administration.
ADMINISTRATIVE PROVISIONS RELATING TO THE
MINORITY BUSINESS DEVELOPMENT AGENCY
SEC. 602. (a) The Minority Business Development
Agency shall be a separate identifiable unit in the Small
Business Administration.
(b) The Administrator of the Small Business Admin-
istration, through the Director of the Minority Business
Development Agency, shall perform all functions (other
than administrative and support functions) transferred to
such Administrator by section 601.
CONFORMING AMENDMENTS RELATING TO THE MINORITY
BUSINESS DEVELOPMENT AGENCY
SEC. 603. (a) Section 5316 of title 5, United States
Code (as amended by this Act), is further amended by in-
serting after the item relating to the Associate Adminis-
trators of the Small Business Administration the follow-
ing:
‘‘Director, 
Minority 
Business 
Development
Agency, Small Business Administration.’’.
109
(b) Section 9(a)(1)(T) of the Inspector General Act
of 1978 (as redesignated by section 271(h)(3) of this Act)
is amended to read as follows:
‘‘(T) of the Small Business Administra-
tion—
‘‘(i) the office of that agency referred
to as the ‘Office of Audits and Investiga-
tions’; and
‘‘(ii) all functions of the Inspector
General of the Department of Commerce
and the Office of the Inspector General of
such Department relating to the functions
transferred to the Administrator of the
Small Business Administration by section
601 of the Trade Reorganization Act of
1992; and’’.
PART B—TRANSFER OF THE BUREAU OF THE CENSUS
TO THE DEPARTMENT OF LABOR
TRANSFERS
SEC. 611. (a) All functions of the Secretary of Com-
merce being administered through the individual holding
the office of Director of the Census on the day before the
effective date of this Act are transferred to the Director
of the Census appointed under section 21 of title 13, Unit-
ed States Code, as amended by section 612(e) of this Act.
110
(b) All functions of the Secretary of Commerce with
respect to the Bureau of the Census or the Director of
the Census are transferred to the Secretary of Labor.
(c) The Bureau of the Census of the Department of
Commerce is transferred to the Bureau of the Census of
the Department of Labor established by section 3 of title
13, United States Code, as amended by section 612(d) of
this Act.
(d) There are transferred to the Director of the Cen-
sus appointed under section 21 of title 13, United States
Code (as amended by section 612(e) of this Act) all func-
tions of the Inspector General of the Department of Com-
merce or of the Office of the Inspector General of the De-
partment of Commerce relating to the agency and func-
tions transferred by subsections (a), (b), and (c) of this
section.
ESTABLISHMENT WITHIN THE DEPARTMENT OF LABOR
SEC. 612. (a)(1) Section 4 of title 13, United States
Code, is repealed.
(2) Sections 1, 2, and 3 of such title are redesignated
as sections 2, 3, and 4, respectively.
(b) Title 13, United States Code, is amended by in-
serting before section 2 (as redesignated by subsection
(a)(2) of this section) the following new section:
111
‘‘§ 1. Purpose
‘‘The purpose of this chapter is to establish the Bu-
reau of the Census within the Department of Labor due
to the importance of the functions of the Bureau in provid-
ing statistical information to all agencies of the United
States Government and to the people of the United
States.’’.
(c) Section 2 of such title (as redesignated by sub-
section (a)(2) of this section), is amended by striking out
clause (2) and inserting in lieu thereof the following:
‘‘(2) ‘Director’ means the Director of the Cen-
sus appointed under section 21 of this title; and’’.
(d) Section 3 of such title (as redesignated by sub-
section (a)(2) of this section), is amended to read as
follows:
‘‘§ 3. Establishment
‘‘There is established the Bureau of the Census with-
in the Department of Labor. The Bureau shall be adminis-
tered by the Director.’’.
(e) Section 21 of such title is amended to read as
follows:
‘‘§ 21. Director of the Census; powers and duties
‘‘(a) The Bureau shall be headed by a Director of
the Census, who shall be appointed by the President, by
and with the advice and consent of the Senate.
112
‘‘(b) The Director may prescribe such policies, stand-
ards, criteria, procedures, rules, and regulations as the Di-
rector finds necessary or appropriate to carry out the
functions of the Director.
‘‘(c) The Director may organize the Bureau as the
Director finds necessary or appropriate.
‘‘(d) Except as otherwise expressly provided by law,
the Director may delegate any of the functions of the Di-
rector to such officers and employees of the Bureau as
the Director may designate, and may authorize such suc-
cessive redelegations of such functions as may be nec-
essary or appropriate. A delegation of functions by the Di-
rector shall not relieve the Director of responsibility for
the administration of such functions.
‘‘(e) The Director is authorized to obtain the services
of experts and consultants as authorized by section 3109
of title 5, United States Code, at rates not to exceed $100
per day for individuals unless otherwise specified in an ap-
propriation Act.
‘‘(f) The Director is authorized to appoint, without
regard to the classification and civil service laws, advisory
committees to advise the Director with respect to any
function of the Director or the Bureau.
‘‘(g) The Director shall consult with interested Fed-
eral agencies with a view to obtaining their advice and as-
113
sistance in carrying out the purposes of this title. Each
Federal agency is authorized to furnish to the Director,
upon request of the Director, any information or other
data which the Director finds necessary to carry out his
duties.
‘‘(h) If authorized by the Director, officers and em-
ployees of the Bureau are empowered, while engaged in
the performance of their duties, to administer oaths.’’.
(f) The table of sections for chapter 1 of title 13,
United States Code, is amended—
(1) by redesignating the items relating to sec-
tions 1, 2, and 3 as the items relating to sections
2, 3, and 4, respectively;
(2) by inserting before the item relating to sec-
tion 2 (as redesignated by clause (1) of this sub-
section) the following new item:
‘‘1. Purpose.’’;
and
(3) by inserting ‘‘powers and’’ before ‘‘duties’’
in the item relating to section 21.
(g) Title 13, United States Code, is amended by
striking out ‘‘Department of Commerce’’ each place it ap-
pears and inserting in lieu thereof ‘‘Department of
Labor’’.
114
REPORT TO THE PRESIDENT AND CONGRESS
SEC. 613. Within 180 days after the effective date
of this Act, the Secretary of Labor shall prepare and
transmit to the President and the Congress a report con-
taining recommendations for streamlining or integrating
the Bureau of the Census and the Bureau of Labor Statis-
tics within the Department of Labor in order to improve
the efficiency and effectiveness of the Government’s statis-
tical collection activities.
CONFORMING AMENDMENTS RELATING TO THE BUREAU
OF THE CENSUS
SEC. 614. (a) Section 5314 of title 5, United States
Code (as amended by this Act), is further amended by
adding at the end thereof the following:
‘‘Director of the Census.’’.
(b) Section 5316 of title 5, United States Code (as
amended by this Act), is further amended by striking out
the item relating to the Director, Bureau of the Census,
Department of Commerce and inserting in lieu thereof
‘‘Director of the Bureau of the Census, Department of
Labor’’.
TITLE VII—TRANSITIONAL, SAVINGS, AND
CONFORMING PROVISIONS
ADDITIONAL TRANSFERS
SEC. 701. Any function of the Secretary of Commerce
or the Department of Commerce which—
115
(1) is not transferred by titles II, III, IV, or V
of this Act; and
(2) is incidental to, necessary for, or primarily
related to, the performance of a function transferred
by any such title,
is transferred to the head of the Federal agency to which
the related function is transferred by such title.
TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND
PERSONNEL
SEC. 702. Except as otherwise provided in this Act,
the personnel employed in connection with, and the assets,
liabilities, contracts, property, records, and unexpended
balances of appropriations, authorizations, allocations,
and other funds employed, used, held, arising from, avail-
able to, or to be made available in connection with the
functions and offices transferred by this Act, subject to
section 1531 of title 31, United States Code, shall be
transferred to the head of the Federal agency to which
such functions or offices are transferred by this Act. Un-
expended funds transferred pursuant to this section shall
be used only for the purposes for which the funds were
originally authorized and appropriated.
INCIDENTAL TRANSFERS
SEC. 703. (a) The Director of the Office of Manage-
ment and Budget, at such time or times as the Director
shall provide, is authorized to make such determinations
116
as may be necessary with regard to the functions and of-
fices transferred by this Act, and to make such additional
incidental dispositions of personnel, assets, liabilities,
grants, contracts, property, records, and unexpended bal-
ances of appropriations, authorizations, allocations, and
other funds held, used, arising from, available to, or to
be made available in connection with such functions and
offices, as may be necessary to carry out the provisions
of this Act. The Director shall provide for the termination
of the affairs of all entities terminated by this Act and
for such further measures and dispositions as may be nec-
essary to effectuate the purposes of this Act.
(b) After consultation with the Director of the Office
of Personnel Management, the Director of the Office of
Management and Budget is authorized, at such times as
the Director of the Office of Management and Budget may
provide, to make such determinations as may be necessary
with regard to the transfer of positions within the Senior
Executive Service in connection with the functions and of-
fices transferred by this Act.
EFFECT ON PERSONNEL
SEC. 704. (a) Except as otherwise provided by this
Act, the transfer pursuant to this Act of full-time person-
nel (except special Government employees) and part-time
personnel holding permanent positions shall not cause any
such employee to be separated or reduced in grade or com-