I
104TH CONGRESS
1ST SESSION
H. R. 1756
To abolish the Department of Commerce.
IN THE HOUSE OF REPRESENTATIVES
JUNE 7, 1995
Mr. CHRYSLER (for himself, Mr. BROWNBACK, Mr. KASICH, Mr. LIVINGSTON,
Mr. SOLOMON, Mr. CRANE, Mr. BOEHNER, Mr. PAXON, Mr. PARKER,
Mr. METCALF, Mr. COOLEY, Mrs. CHENOWETH, Mr. NEUMANN, Mr.
SCARBOROUGH, Mrs. MYRICK, Mr. KNOLLENBERG, Mr. GUTKNECHT, Mr.
LAHOOD, Mr. SANFORD, Mr. GRAHAM, Mr. WELDON of Florida, Mr.
HILLEARY, Mr. JONES, Mr. ENSIGN, Mr. CHRISTENSEN, Mr. WELLER,
Mr. KLUG, Mr. NETHERCUTT, Mr. MCINTOSH, Mr. STEARNS, Mr. SMITH
of Michigan, Mr. RADANOVICH, Mr. SALMON, Mr. CHABOT, Mr. FOX of
Pennsylvania, Mr. LARGENT, Mr. BONO, Mr. TIAHART, Mr. CREMEANS,
Mr. MILLER of Florida, Mr. HAYWORTH, Mr. HUTCHINSON, Mr. WICK-
ER, Mr. HASTINGS of Washington, Mr. FUNDERBURK, Mr. FRISA, Mr.
THORNBERRY, Mrs. WALDHOLTZ, Mr. NORWOOD, Mrs. SEASTRAND, Mr.
BASS, Mr. EWING, Mr. SHADEGG, Mr. HOEKSTRA, Mr. CAMP, Mr.
LINDER, Mr. UPTON, Mr. WHITE, Mr. RIGGS, Mr. TATE, and Mrs.
SMITH of Washington) introduced the following bill; which was referred
to the Committee on Commerce, and in addition to the Committees on
Transportation and Infrastructure, Banking and Financial Services,
International Relations, National Security, Agriculture, Ways and Means,
Government Reform and Oversight, the Judiciary, Science, and Re-
sources, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To abolish the Department of Commerce.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Department of Com-
merce Dismantling Act’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—ABOLISHMENT OF DEPARTMENT OF COMMERCE
Sec. 101. Reestablishment of Department as Commerce Programs Resolution
Agency.
Sec. 102. Functions.
Sec. 103. Deputy Administrator.
Sec. 104. Continuation of service of department officers.
Sec. 105. Reorganization.
Sec. 106. Abolishment of Commerce Programs Resolution Agency.
Sec. 107. GAO report.
Sec. 108. Conforming amendments.
Sec. 109. Effective date.
TITLE II—DISPOSITION OF PARTICULAR PROGRAMS, FUNCTIONS,
AND AGENCIES OF DEPARTMENT OF COMMERCE
Sec. 201. Economic development.
Sec. 202. Export control functions.
Sec. 203. National security functions.
Sec. 204. International trade functions.
Sec. 205. Patent and Trademark Office.
Sec. 206. Technology Administration.
Sec. 207. Reorganization of the Bureau of the Census.
Sec. 208. Reorganization of the Bureau of Economic Analysis.
Sec. 209. Terminated functions of NTIA.
Sec. 210. Transfer of spectrum management functions.
Sec. 211. National Oceanic and Atmospheric Administration.
Sec. 212. Miscellaneous abolishments.
Sec. 213. Effective date.
Sec. 214. Sense of Congress regarding user fees.
TITLE III—MISCELLANEOUS PROVISIONS
Sec. 301. References.
Sec. 302. Exercise of authorities.
Sec. 303. Savings provisions.
Sec. 304. Transfer of assets.
Sec. 305. Delegation and assignment.
Sec. 306. Authority of Administrator with respect to functions transferred.
Sec. 307. Proposed changes in law.
Sec. 308. Certain vesting of functions considered transfers.
Sec. 309. Definitions.
Sec. 310. Limitation on annual expenditures for continued functions.
TITLE I—ABOLISHMENT OF
DEPARTMENT OF COMMERCE
SEC. 101. REESTABLISHMENT OF DEPARTMENT AS COM-
MERCE PROGRAMS RESOLUTION AGENCY.
(a) REESTABLISHMENT.—The Department of Com-
merce is hereby redesignated as the Commerce Programs
Resolution Agency, which shall be an independent agency
in the executive branch of the Government.
(b) ADMINISTRATOR.—
(1) IN GENERAL.—There shall be at the head
of the Agency an Administrator of the Agency, who
shall be appointed by the President, by and with the
advice and consent of the Senate. The Agency shall
be administered under the supervision and direction
of the Administrator. The Administrator shall re-
ceive compensation at the rate prescribed for level II
of the Executive Schedule under section 5313 of title
5, United States Code.
(2) 
INITIAL
APPOINTMENT
OF
ADMINIS-
TRATOR.—Notwithstanding any other provision of
this Act or any other law, the President may, at any
time after the date of the enactment of this Act, ap-
point an individual to serve as Administrator of the
Commerce Programs Resolution Agency (who may
be the Secretary of Commerce), as such position is
established under paragraph (1). An appointment
under this paragraph may not be construed to affect
the position of Secretary of Commerce or the au-
thority of the Secretary before the effective date
specified in section 109(a).
(c) DUTIES.—The Administrator shall be responsible
for—
(1) the administration and wind-up, during the
wind-up period, of all functions of the Administrator
pursuant to section 102 and the other provisions of
this Act;
(2) the administration and wind-up, during the
wind-up period, of any outstanding obligations of the
Federal Government under any programs terminated
or repealed by this Act; and
(3) taking such other actions as may be nec-
essary, before the termination date specified in sec-
tion 106(d), to wind up any outstanding affairs of
the Department of Commerce.
SEC. 102. FUNCTIONS.
Except to the extent a function is abolished or vested
in another official or agency by this Act, the Administrator
shall perform all functions that, immediately before the
effective date specified in section 109(a), were functions
of the Department of Commerce (or any office of the De-
Commerce other than the Secretary of Commerce may
continue to serve and act in an equivalent capacity in the
Agency until the date an individual is appointed under this
title to the position of Administrator, or until the end of
the 120-day period provided for in section 3348 of title
5, United States Code (relating to limitations on the pe-
riod of time a vacancy may be filled temporarily) with re-
spect to that appointment, whichever is earlier.
(c) COMPENSATION FOR CONTINUED SERVICE.—Any
person—
(1) who serves as the Administrator under sub-
section (a), or
(2) who serves under subsection (b),
after the effective date specified in section 109(a) and be-
fore the first appointment of a person as Administrator
shall continue to be compensated for so serving at the rate
at which such person was compensated before such effec-
tive date.
SEC. 105. REORGANIZATION.
The Administrator may allocate or reallocate any
function of the Agency pursuant to this Act among the
officers of the Agency, and may establish, consolidate,
alter, or discontinue in the Commerce Programs Resolu-
tion Agency any organizational entities that were entities
of the Department of Commerce, as the Administrator
considers necessary or appropriate.
SEC. 106. ABOLISHMENT OF COMMERCE PROGRAMS RESO-
LUTION AGENCY.
(a) IN GENERAL.—Effective on the termination date
specified in subsection (d), the Commerce Programs Reso-
lution Agency is abolished.
(b) ABOLITION OF FUNCTIONS.—Except for func-
tions transferred or otherwise continued by this Act, all
functions that, immediately before the termination date
specified in subsection (d), were functions of the Com-
merce Programs Resolution Agency are abolished effective
on that termination date.
(c) PLAN FOR WINDING UP AFFAIRS.—Not later
than the effective date specified in section 109(a), the
President shall submit to the Congress a plan for winding
up the affairs of the Agency in accordance with this Act
and by not later than the termination date specified in
subsection (d).
(d) TERMINATION DATE.—The termination date
under this subsection is the date that is 3 years after the
date of the enactment of this Act.
SEC. 107. GAO REPORT.
Not later than 180 days after the date of enactment
of this Act, the Comptroller General of the United States
shall submit to the Congress a report which shall include
recommendations for the most efficient means of achiev-
ing, in accordance with this Act—
(1) the complete abolishment of the Depart-
ment of Commerce; and
(2) the termination or transfer or other con-
tinuation of the functions of the Department of
Commerce.
SEC. 108. CONFORMING AMENDMENTS.
(a) PRESIDENTIAL SUCCESSION.—Section 19(d)(1)
of title 3, United States Code, is amended by striking
‘‘Secretary of Commerce,’’.
(b) EXECUTIVE DEPARTMENTS.—Section 101 of title
5, United States Code, is amended by striking the follow-
ing item:
‘‘The Department of Commerce.’’.
(c) SECRETARY’S COMPENSATION.—Section 5312 of
title 5, United States Code, is amended by striking the
following item:
‘‘Secretary of Commerce.’’.
(d) COMPENSATION FOR POSITIONS AT LEVEL III.—
Section 5314 of title 5, United States Code, is amended—
(1) by striking the following item:
‘‘Under Secretary of Commerce, Under Sec-
retary of Commerce for Economic Affairs, Under
Secretary of Commerce for Export Administration
and Under Secretary of Commerce for Travel and
Tourism.’’;
(2) by striking the following item:
‘‘Under Secretary of Commerce for Oceans and
Atmosphere, the incumbent of which also serves as
Administrator of the National Oceanic and Atmos-
pheric Administration.’’; and
(3) by striking the following item:
‘‘Under Secretary of Commerce for Tech-
nology.’’.
(e) COMPENSATION FOR POSITIONS AT LEVEL IV.—
Section 5315 of title 5, United States Code, is amended—
(1) by striking the following items:
‘‘Assistant Secretaries of Commerce (11).’’;
(2) by striking the following item:
‘‘General Counsel of the Department of Com-
merce.’’;
(3) by striking the following item:
‘‘Associate Secretary of Commerce for Oceans
and Atmosphere, the incumbent of which also serves
as Deputy Administrator of the National Oceanic
and Atmospheric Administration.’’;
(4) by striking the following item:
‘‘Director, National Institute of Standards and
Technology, Department of Commerce.’’;
(5) by striking the following item:
‘‘Inspector 
General, 
Department 
of 
Com-
merce.’’;
(6) by striking the following item:
‘‘Chief Financial Officer, Department of Com-
merce.’’; and
(7) by striking the following item:
‘‘Director, Bureau of the Census, Department
of Commerce.’’.
(f) COMPENSATION FOR POSITIONS AT LEVEL V.—
Section 5316 of title 5, United States Code, is amended—
(1) by striking the following item:
‘‘Director, United States Travel Service, De-
partment of Commerce.’’; and
(2) by striking the following item:
‘‘National Export Expansion Coordinator, De-
partment of Commerce.’’.
(g) INSPECTOR GENERAL ACT OF 1978.—The In-
spector General Act of 1978 (5 U.S.C. App.) is amend-
ed—
(1) in section 9(a)(1), by striking subparagraph
(B);
(2) in section 11(1), by striking ‘‘Commerce,’’;
and
(3) in section 11(2), by striking ‘‘Commerce,’’;
SEC. 109. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), this title shall take effect on the date that is 6 months
after the date of the enactment of this Act.
(b) PROVISIONS EFFECTIVE ON DATE OF ENACT-
MENT.—The following provisions of this title shall take ef-
fect on the date of the enactment of this Act:
(1) Section 101(b).
(2) Section 106(c).
(3) Section 107.
TITLE II—DISPOSITION OF PAR-
TICULAR PROGRAMS, FUNC-
TIONS, AND AGENCIES OF DE-
PARTMENT OF COMMERCE
SEC. 201. ECONOMIC DEVELOPMENT.
(a) TERMINATED FUNCTIONS.—The Public Works
and Economic Development Act of 1965 (42 U.S.C. 3121
et seq.) is repealed.
(b) TRANSFER OF FINANCIAL OBLIGATIONS OWED
TO THE DEPARTMENT.—There are transferred to the Sec-
retary of the Treasury the loans, notes, bonds, debentures,
securities, and other financial obligations owned by the
Department of Commerce under the Public Works and
Economic Development Act of 1965, together with all as-
sets or other rights (including security interests) incident
thereto, and all liabilities related thereto. There are as-
signed to the Secretary of the Treasury the functions,
powers, and abilities vested in or delegated to the Sec-
retary of Commerce or the Department of Commerce to
manage, service, collect, sell, dispose of, or otherwise real-
ize proceeds on obligations owed to the Department of
Commerce under authority of such Act with respect to any
loans, obligations, or guarantees made or issued by the
Department of Commerce pursuant to such Act.
(c) AUDIT.—Not later than 18 months after the date
of the enactment of this Act, the Comptroller General shall
conduct an audit of all grants made or issued by the De-
partment of Commerce under the Public Works and Eco-
nomic Development Act of 1965 in fiscal year 1995 and
all loans, obligations, and guarantees and shall transmit
to Congress a report on the results of such audit.
SEC. 202. EXPORT CONTROL FUNCTIONS.
(a) TRANSFER TO SECRETARY OF STATE.—
(1) IN GENERAL.—Except as provided in this
section, all functions of the Secretary of Commerce,
the Under Secretary of Commerce for Export Ad-
ministration, the 2 Assistant Secretaries of Com-
merce appointed under section 15(a) of the Export
Administration Act of 1979 (50 U.S.C. 2414(a)),
and the Department of Commerce, on the day before
the effective date specified in section 109(a), under
the Export Administration Act of 1979 are trans-
ferred to the Secretary of State.
(2) CONSULTATION
WITH
USTR.—The Sec-
retary of State shall consult with the United States
Trade Representative with respect to licensing deci-
sions under the Export Administration Act of 1979.
(b) SHORT SUPPLY CONTROLS.—All functions of the
Secretary of Commerce, on the day before the effective
date specified in section 109(a), under section 7 of the
Export Administration Act of 1979 (50 U.S.C. 2406), and
under all other provisions of that Act to the extent that
such provisions apply to section 7, are transferred to the
President.
(c) ENFORCEMENT.—
(1) GENERAL TRANSFER.—All functions of the
Secretary of Commerce and the Department of Com-
merce, on the day before the effective date specified
in section 109(a), under sections 11(c), 12, and 13
(c), (d), and (e) of the Export Administration Act of
1979 (50 U.S.C. App. 2410(c), 2411, and 2412 (c),
(d), and (e)) are transferred to the Secretary of the
Treasury.
(2) TRANSFER
OF
ENFORCEMENT
PERSON-
NEL.—Not more than 60 United States special
agents of the Bureau of Export Administration of
the Department of Commerce who, on the day be-
fore the effective date specified in section 109(a),
were assigned to perform functions under section
12(a) of the Export Administration Act of 1979 may
be transferred to the Customs Service to carry out
functions transferred by paragraph (1). The Direc-
tor of the Office of Management and Budget shall
determine the special agents to be transferred under
this paragraph.
(d) ANTI-BOYCOTT COMPLIANCE.—All functions of
the Secretary of Commerce and the Department of Com-
merce, on the day before the effective date specified in
section 109(a), under section 8 of the Export Administra-
tion Act of 1979 (50 U.S.C. 2407), and under all other
provisions of that Act to the extent that such provisions
apply to section 8, are transferred to the Attorney Gen-
eral.
(e) TERMINATION OF OFFICE OF FOREIGN AVAIL-
ABILITY; APPOINTMENT OF INDUSTRIES BOARD.—
(1) TERMINATION OF OFFICE.—(A) The Office
of Foreign Availability established under section
5(f)(6) of the Export Administration Act of 1979
(50 U.S.C. 2404(f)(6)) is abolished.
(2) CONFORMING
AMENDMENT.—Section 5(f)
of the Export Administration Act of 1979 (50
U.S.C. App. 2404(f)) is amended by striking para-
graph (6).
(3) APPOINTMENT
OF
INDUSTRIES
BOARD.—
The President shall appoint an industries board,
composed of representatives of industries affected by
matters relating to foreign availability under the Ex-
port Administration Act of 1979, to advise the Sec-
retary of State with respect to such matters, except
that no Federal funds may be made available to the
industries board to carry out its functions.
(f) BUYING POWER MAINTENANCE ACCOUNT.—The
authority of the Secretary of Commerce under section 108
of title I of Public Law 100–202 (101 Stat. 1329–7) to
establish a Buying Power Maintenance account is trans-
ferred to the Secretary of State for purposes of carrying
out functions under the Export Administration Act of
1979 that are transferred to the Secretary of State under
this section.
(g) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) Section 15(a) of the Export Administration
Act of 1979 (50 U.S.C. 2414(a)) is repealed.
(2) The Office of the Under Secretary of Com-
merce for Export Administration is abolished.
SEC. 203. NATIONAL SECURITY FUNCTIONS.
(a) TRANSFER OF FUNCTIONS.—Functions of the
Secretary of Commerce immediately before the effective
date specified in section 109(a)—
(1) under section 232 of the Trade Expansion
Act of 1962 (19 U.S.C. 1862) are transferred to the
International Trade Commission;
(2) under section 309 of the Defense Produc-
tion Act of 1950 (50 U.S.C. App. 2099) are trans-
ferred to the Secretary of Defense; and
(3) under section 722 of the Defense Produc-
tion Act of 1950 (50 U.S.C. App. 2171) are trans-
ferred to the Secretary of the Treasury.
(b) NATIONAL DEFENSE TECHNOLOGY AND INDUS-
TRIAL BASE COUNCIL.—Section 2502(b) of title 10, Unit-
ed States Code, is amended by striking paragraph (3) and
redesignating paragraphs (4) and (5) as paragraphs (3)
and (4), respectively.
(c) APPOINTMENT OF COMMITTEES OF INDUSTRY
REPRESENTATIVES.—The President should appoint com-
mittees composed of representatives of appropriate indus-
tries to advise the National Security Council with respect
to those matters affecting industry addressed by the Sec-
retary of Commerce to the National Security Council be-
fore the effective date specified in section 109(a).
SEC. 204. INTERNATIONAL TRADE FUNCTIONS.
(a) TARIFF ACT OF 1930; URUGUAY ROUND AGREE-
MENTS ACT.—
(1) TRANSFER TO UNITED STATES TRADE REP-
RESENTATIVE.—All functions of the International
Trade Administration of the Department of Com-
merce, immediately before the effective date speci-
fied in section 109(a), under titles III and VII of the
Tariff Act of 1930, and all functions of the admin-
istering authority or the Secretary of Commerce
under the Uruguay Round Agreements Act, are
transferred to the United States Trade Representa-
tive.
(2) 
CONFORMING
AMENDMENT.—Section
771(1) of the Tariff Act of 1930 (19 U.S.C.
1677(1)) is amended by striking ‘‘Secretary of Com-
merce’’ and inserting ‘‘United States Trade Rep-
resentative’’.
(b) FOREIGN TRADE ZONES BOARD.—Subsection (b)
of the first section of the Act of June 18, 1934 (commonly
known as the ‘‘Foreign Trade Zones Act’’) (19 U.S.C.
81a(b)) is amended by striking ‘‘Secretary of Commerce,
who shall be chairman and executive officer of the Board,
the Secretary of the Treasury’’ and inserting ‘‘Secretary
of the Treasury, who shall be chairman and executive offi-
cer of the Board, the United States Trade Representa-
tive’’.
(c) UNITED STATES
AND FOREIGN COMMERCIAL
SERVICE.—
(1) RENAMING
AND
ABOLITION
OF
CERTAIN
FUNCTIONS.—The United States and Foreign Com-
mercial Service shall, upon the effective date speci-
fied in section 109(a), be known as the ‘‘United
States Foreign Commercial Service’’ (hereafter in
this subsection referred to as the ‘‘Commercial Serv-
ice’’). All operations of the Commercial Service in
the United States (other than those performed at
the headquarters office referred to in section
2301(c) of the Export Enhancement Act of 1988
(15 U.S.C. 4721(c))) with respect to the foreign op-
erations of the Commercial Service) are abolished.
(2) TRANSFER
TO
USTR.—The Commercial
Service and its functions are transferred to the Unit-
ed States Trade Representative. All functions per-
formed immediately before the effective date speci-
fied in section 109(a) by the Secretary of Commerce
or the Department of Commerce with respect to the
Commercial Service are transferred to the United
States Trade Representative.
(3) DIRECTOR GENERAL.—(A) The head of the
Commercial Service shall, as of the effective date
specified in section 109(a), be the Director General
of the United States Foreign Commercial Service.
(B) Section 5315 of title 5, United States Code,
is amended by striking ‘‘Assistant Secretary of Com-
merce and Director General of the United States
and Foreign Commercial Service’’ and inserting ‘‘Di-
rector General of the United States Foreign Com-
mercial Service.’’.
(C) The individual serving as Assistant Sec-
retary of Commerce and Director General of the
United States and Foreign Commercial Service im-
mediately before the effective date specified in sec-
tion 109(a) may serve as the Director General of the
United States Foreign Commercial Service on and
after such effective date until a successor has taken
office. Compensation for any service under this sub-
paragraph shall be at the rate at which the individ-
ual was compensated immediately before the effec-
tive date specified in section 109(a).
(4) TRANSFER OF COMMERCIAL SERVICE OFFI-
CERS.—The transfer to the United States Trade
Representative pursuant to this section of any Com-
mercial Service Officer serving immediately before
the effective date specified in section 109(a) shall
not cause such officer to be reduced in rank, grade,
or compensation.
(d) EXPORT PROMOTION PROGRAMS.—
(1) TRANSFER.—All export promotion pro-
grams (as defined in section 201(d) of the Export
Administration Amendments Act of 1985 (15 U.S.C.
4051(d))) carried out by the Secretary of Commerce
or the Department of Commerce immediately before
the effective date specified in section 109(a) are
transferred to the United States Trade Representa-
tive.
(2) PRIVATE FUNDING.—With respect to any
program transferred under paragraph (1), no funds
made available to the United States Trade Rep-
resentative may be used in carrying out such pro-
gram, but the United States Trade Representative
may require the persons to whom services are pro-
vided by the Office of the United States Trade Rep-
resentative under such program to pay for such serv-
ices.
(e) TRADE INFORMATION.—All functions of the Sec-
retary of Commerce under the International Investment
and Trade in Services Survey Act (22 U.S.C. 3101 and
following) are transferred to the Secretary of the Treas-
ury.
(f) INTERNATIONAL ECONOMIC POLICY.—All func-
tions performed by the Assistant Secretary of Commerce
for International Economic Policy and the Office of Inter-
national Economic Policy of the Department of Commerce
immediately before the effective date specified in section
109(a) are abolished.
(g) FUNCTIONS WITH RESPECT TO TEXTILE AGREE-
MENTS.—
(1) TRANSFER OF FUNCTIONS.—Notwithstand-
ing the provisions of Executive Order 11651 and
Executive Order 12475 (7 U.S.C. 1854 note), the
functions of the Committee for the Implementation
of Textile Agreements (hereafter in this subsection
referred to as ‘‘CITA’’) are transferred as follows:
(A) All functions related to policy formula-
tion for textile and apparel trade, including the
negotiation and implementation of textile and
apparel trade agreements, and all related activi-
ties performed by CITA immediately before the
effective date specified in section 109(a), and
not specified in paragraphs (2) through (4), are
transferred to the United States Trade Rep-
resentative.
(B) All functions related to economic anal-
ysis of textile and apparel trade patterns, deter-
mination of serious damage, or actual threat
thereof, to domestic United States industry and
related safeguards matters, including the tran-
sitional safeguard provisions under Article 6 of
the Agreement on Textiles and Clothing re-
ferred to in section 101(d)(4) of the Uruguay
Round Agreements Act (19 U.S.C. 3511(d)(4)),
and analysis of the impact of foreign tariff and
nontariff barriers on textile and apparel trade,
and all related activities performed by CITA
immediately before the effective date specified
in section 109(a), are transferred to the Inter-
national Trade Commission.
(C) All functions related to the promotion
and foreign market expansion of United States
textile and apparel production are transferred
to the United States Foreign Commercial Serv-
ice.
(D) All functions related to monitoring
quota utilization and enforcement, and actions
to address the circumvention of quotas, as de-
scribed in the statement of administrative ac-
tion accompanying the Uruguay Round Agree-
ments (as defined in section 2 of the Uruguay
Round Agreements Act (19 U.S.C. 3501)), are
transferred to the Secretary of the Treasury.
(2) ABOLITION OF CITA.—CITA is abolished.
(h) FAIR TRADE IN AUTO PARTS.—All functions of
the Secretary of Commerce under the Fair Trade in Auto
Parts Act of 1988 (15 U.S.C. 4701 and following) are
transferred to the International Trade Commission.
(i) OTHER TRADE FUNCTIONS.—
(1) INTERAGENCY TRADE ORGANIZATION.—The
President shall provide for the direct participation
by representatives of industry on the Interagency
Trade Organization established under section 242 of
the Trade Expansion Act of 1962 (19 U.S.C. 1872),
to carry out appropriate functions of the Secretary
of Commerce as a member of such organization be-
fore the effective date specified in section 109(a).
(2) EXPORT
TRADING
COMPANIES.—(A) The
functions of the Secretary of Commerce under the
Export Trading Company Act of 1982 (15 U.S.C.
4001–4003), and the Office of Export Trade estab-
lished under section 104 of that Act, are abolished.
(B) The functions of the Secretary of Com-
merce under title III of the Act of October 8, 1982
(15 U.S.C. 4011 and following), are transferred to
the Secretary of the Treasury.
(C) CONFORMING AMENDMENTS.—(i) The Ex-
port Trading Company Act of 1982 (15 U.S.C.
4001–4003) is repealed.
(ii) The section heading for section 301 of the
Act of October 8, 1982 (15 U.S.C. 4011), is amend-
ed by striking ‘‘COMMERCE’’ and inserting ‘‘TREAS-
URY’’.
(iii) Section 311(7) of the Act of October 8,
1982 (15 U.S.C. 4021), is amended by striking
‘‘Commerce’’ and inserting ‘‘Treasury’’.
(j) APPOINTMENT
OF INDUSTRIES BOARDS.—The
President shall appoint industries boards, composed of
representatives of industries in the private sector, to ad-
vise the Secretary of the Treasury and the United States
Trade Representative with respect to functions transferred
to them under this section.
(k) GIFTS AND BEQUESTS.—
(1) IN GENERAL.—The Secretary of State, the
Secretary of the Treasury, and the United States
Trade Representative are authorized to accept, hold,
administer, and utilize gifts and bequests of prop-
erty, both real and personal, for the purpose of aid-
ing or facilitating the performance of functions
transferred to them under this section and section
202. Gifts and bequests of money and the proceeds
from sales of other property received as gifts or be-
quests shall be deposited in the United States Treas-
ury in a separate fund and shall be disbursed on
order of the Secretary of State, the Secretary of the
Treasury, or the United States Trade Representa-
tive. Property accepted pursuant to this paragraph,
and the proceeds thereof, shall be used as nearly as
possible in accordance with the terms of the gift or
bequest.
(2) TAX TREATMENT.—For the purpose of Fed-
eral income, estate, and gift taxes, and State taxes,
property accepted under subsection (a) shall be con-
sidered a gift or bequest to or for use of the United
States.
(3) INVESTMENT.—The Secretary of the Treas-
ury may invest and reinvest in securities of the
United States or in securities guaranteed as to prin-
cipal and interest by the United States any moneys
contained in the fund provided for in subsection (a).
Income accruing from such securities, and from any
other property held by the Secretary of State, the
Secretary of the Treasury, or the United States
Trade Representative pursuant to subsection (a),
shall be deposited to the credit of the fund, and shall
be disbursed upon order of the Secretary of State,
the Secretary of the Treasury, or the United States
Trade Representative.
(l) INFORMATION SHARING.—It is the sense of the
Congress that any department or agency of the United
States that compiles information on international econom-
ics or trade make that information available to other de-
partments and agencies performing functions relating to
international trade.
(m) 
TRADE
ADJUSTMENT
ASSISTANCE
FOR
FIRMS.—Chapter 3 of title II of the Trade Act of 1974
(19 U.S.C. 2341 and following) and the items relating to
such chapter in the table of contents for that Act, are re-
pealed.
SEC. 205. PATENT AND TRADEMARK OFFICE.
(a) TRANSFER TO DEPARTMENT OF JUSTICE.—Ef-
fective as of the date specified in section 109(a)—
(1) the Patent and Trademark Office shall be
transferred to the Department of Justice; and
(2) all functions which, immediately before such
date, are functions of the Secretary of Commerce
under title 35, United States Code, or any other
provision of law with respect to the functions of the
Patent and Trademark Office, are transferred to the
Attorney General.
(b) FUNDING.—
(1) COSTS PAID FROM FEES.—All costs of the
activities of the Patent and Trademark Office shall
be paid from fees paid to the Office under title 35,
United States Code, the Act of July 5, 1946 (com-
monly known as the ‘‘Trademark Act of 1946’’) (15
U.S.C. 1051 and following), section 10101 of the
Omnibus Budget Reconciliation Act of 1990 (35
U.S.C. 41 note), or other provision of law.
(2) FUNDS
AVAILABLE
WITHOUT
APPROPRIA-
TION.—(A) Section 42(c) of title 35, United States
Code, is amended by striking ‘‘to carry out, to the
extent provided in appropriation Acts,’’ and insert-
ing ‘‘, without appropriation, to carry out’’.
(B) Section 10101(b)(2)(B) of the Omnibus
Budget Reconciliation Act of 1990 (35 U.S.C. 41
note) is amended by striking ‘‘to the extent provided
in appropriation Acts’’ and inserting ‘‘without ap-
propriation’’.
(c) ADJUSTMENT OF FEES.—Section 41(f) of title
31, United States Code, is amended to read as follows:
‘‘(f) The Commissioner may adjust the fees estab-
lished under this section on October 1 of each year to
cover the estimated cost to the activities of the Office.’’.
(d) SERVICE
OF INCUMBENTS.—Those individuals
serving as Commissioner of Patents and Trademarks,
Deputy Commissioner of Patents and Trademarks, Assist-
ant Commissioner of Patents, and Assistant Commis-
sioner of Trademarks, immediately before the effective
date specified in section 109(a), may continue in such of-
fice on and after such effective date until a successor has
taken office. Compensation for any service under this sub-
section shall be at the rate at which the individual was
compensated immediately before the effective date speci-
fied in section 109(a).
(e) RULE OF CONSTRUCTION.—For purposes of title
III, the transfer of the Patent and Trademark Office to
the Department of Justice under this section shall be
treated as if it involved a transfer of functions from one
office to another.
(f) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) Section 1 of title 35, United States Code,
is amended to read as follows:
‘‘§ 1. Establishment
‘‘The Patent and Trademark Office is an agency of
the United States within the Department of Justice, where
records, books, drawings, specifications, and other papers
and things pertaining to patents and trademark registra-
tions shall be kept and preserved, except as otherwise pro-
vided by law.’’.
(2) Title 35, United States Code, is amended by
striking ‘‘Secretary of Commerce’’ each place it ap-
pears and inserting ‘‘Attorney General’’.
(3) Section 3 of title 35, United States Code,
is amended by striking subsection (d).
(4) Section 5316 of title 5, United States Code,
is amended by striking
‘‘Commissioner of Patents, Department of
Commerce.’’
and inserting
‘‘Commissioner of Patents and Trademarks.’’.
SEC. 206. TECHNOLOGY ADMINISTRATION.
(a) TECHNOLOGY ADMINISTRATION.—
(1) GENERAL RULE.—Except as otherwise pro-
vided in this section, the Technology Administration
shall be terminated on the effective date specified in
section 213(a).
(2) OFFICE OF TECHNOLOGY POLICY.—The Of-
fice of Technology Policy is hereby terminated.
(b) NATIONAL
INSTITUTE
OF
STANDARDS
AND
TECHNOLOGY.—
tories of the Institute immediately before such effec-
tive date.
(C) If no offer to purchase property under sub-
paragraph (B) is received within the 18-month pe-
riod described in such subparagraph, the Commerce
Programs Resolution Agency shall submit a report
to the Congress containing recommendations on the
appropriate disposition of the property and functions
of the laboratories of the Institute.
(c) NATIONAL
TECHNICAL
INFORMATION
SERV-
ICE.—
(1) SALE OF PROPERTY.—The Commerce Pro-
grams Resolution Agency shall attempt to sell the
property of the National Technical Information
Service, within 18 months after the effective date
specified in section 213(a), to a private sector entity
intending to perform substantially the same func-
tions as were performed by the National Technical
Information Service immediately before such effec-
tive date.
(2) RECOMMENDATIONS.—If no offer to pur-
chase property under paragraph (1) is received with-
in the 18-month period described in such paragraph,
the Commerce Programs Resolution Agency shall
submit a report to the Congress containing rec-
ommendations on the appropriate disposition of the
property and functions of the National Technical In-
formation Service.
(3) FUNDING.—No Federal funds may be ap-
propriated for the National Technical Information
Service for any fiscal year after fiscal year 1995.
(d) AMENDMENTS.—
(1) NATIONAL INSTITUTE OF STANDARDS AND
TECHNOLOGY
ACT.—The National Institute of
Standards and Technology Act (15 U.S.C. 271 et
seq.) is amended—
(A) in section 2(b), by striking paragraph
(1) and redesignating paragraphs (2) through
(11) as paragraphs (1) through (10), respec-
tively;
(B) in section 2(d), by striking ‘‘, including
the programs established under sections 25, 26,
and 28 of this Act’’;
(C) in section 10, by striking ‘‘Advanced’’
in both the section heading and subsection (a),
and inserting in lieu thereof ‘‘Standards and’’;
and
(D) by striking sections 24, 25, 26, and
28.
(2) STEVENSON-WYDLER TECHNOLOGY INNOVA-
TION
ACT
OF
1980.—The Stevenson-Wydler Tech-
nology Innovation Act of 1980 (15 U.S.C. 3701 et
seq.) is amended—
(A) in section 3, by striking paragraph (2)
and redesignating paragraphs (3) through (5)
as paragraphs (2) through (4), respectively;
(B) in section 4, by striking paragraphs
(1), (4), and (13) and redesignating paragraphs
(2), (3), (5), (6), (7), (8), (9), (10), (11), and
(12) as paragraphs (1) through (10), respec-
tively;
(C) by striking sections 5, 6, 7, 8, 9, and
10;
(D) in section 11—
(i) by striking ‘‘, the Federal Labora-
tory Consortium for Technology Transfer,’’
in subsection (c)(3);
(ii) by striking ‘‘and the Federal Lab-
oratory Consortium for Technology Trans-
fer’’ in subsection (d)(2);
(iii) by striking ‘‘, and refer such re-
quests’’ and all that follows through ‘‘avail-
able to the Service’’ in subsection (d)(3);
and
(iv) by striking subsection (e); and
(E) in section 17—
(i) by striking ‘‘Subject to paragraph
(2), separate’’ and inserting in lieu thereof
‘‘Separate’’ in subsection (c)(1);
(ii) by striking paragraph (2) of sub-
section (c);
(iii) by redesignating paragraph (3) of
subsection (c) as paragraph (2); and
(iv) by inserting ‘‘administrative’’
after ‘‘funds to carry out’’ in subsection
(f).
SEC. 207. REORGANIZATION OF THE BUREAU OF THE
CENSUS.
(a) IN GENERAL.—Effective as of the date specified
in section 213(a)—
(1) the Bureau of the Census shall be trans-
ferred to the Department of the Treasury; and
(2) all functions which, immediately before such
date, are functions of the Secretary of Commerce
under title 13, United States Code, shall be trans-
ferred to the Secretary of the Treasury.
(b) INTERIM SERVICE.—The individual serving as the
Director of the Census immediately before the reorganiza-
tion under this section takes effect may continue serving
in that capacity until a successor has taken office. Com-
pensation for any service under this subsection shall be
at the rate at which such individual was compensated im-
mediately before the effective date of the reorganization.
(c) SENSE OF THE CONGRESS.—It is the sense of the
Congress that the Bureau of the Census should—
(1) make appropriate use of any authority af-
forded to it by the Census Address List Improve-
ment Act of 1994 (Public Law 103–430; 108 Stat.
4393), and take measures to ensure the timely im-
plementation of such Act; and
(2) streamline census questionnaires to promote
savings in the collection and tabulation of data.
(d) AMENDMENTS.—Effective as of the date specified
in section 213(a)—
(1) TRANSFER OF THE BUREAU TO THE DE-
PARTMENT OF THE TREASURY.—(A) Section 2 of
title 13, United States Code, is amended by striking
‘‘is continued as’’ through the period and inserting
‘‘is an agency within, and under the jurisdiction of,
the Department of the Treasury.’’.
(B) Subsection (e) of section 12 of the Act of
February 14, 1903 (15 U.S.C. 1511(e)) is repealed.
(2) DEFINITION
OF
SECRETARY.—Title 13,
United States Code, is amended in section 1(2) by
striking ‘‘Secretary of Commerce’’ and inserting
‘‘Secretary of the Treasury’’.
(3) REFERENCES IN TITLE 13, UNITED STATES
CODE, TO THE DEPARTMENT OF COMMERCE.—Title
13, United States Code, is amended in sections 4,
9(a), 23(b), 24(e), 44, 103, 132, 211, 213(b)(2),
221, 222, 223, 224, 225(a), and 241 by striking
‘‘Department of Commerce’’ each place it appears
and inserting ‘‘Department of the Treasury’’.
(4) PROVISIONS RELATING TO THE SECRETARY
OF THE TREASURY.—(A) Section 302 of title 13,
United States Code, is amended by striking the last
sentence thereof.
(B) Section 303 of title 13, United States Code,
and the item relating to such section in the analysis
for chapter 9 of such title are repealed.
(C) Section 304(a) of title 13, United States
Code, is amended—
(i) by striking ‘‘Secretary of the Treasury’’
each place it appears and inserting ‘‘Secretary’’;
and
(ii) by striking ‘‘Secretary of Commerce’’
and inserting ‘‘Secretary’’.
ury who is not referred to in subchapter II if, immediately
before the date specified in section 213(a) of the Depart-
ment of Commerce Dismantling Act, such disclosure (if
then made by an officer or employee of the Department
of Commerce) would have been impermissible under this
section (as then in effect).
‘‘(2) Paragraph (1) shall not apply with respect to
any disclosure made to the Secretary.’’.
(e) RULE OF CONSTRUCTION.—For purposes of title
III, the reorganization of the Bureau of the Census under
this section shall be treated as if it involved a transfer
of functions from one office to another.
SEC. 208. REORGANIZATION OF THE BUREAU OF ECO-
NOMIC ANALYSIS.
(a) IN GENERAL.—Effective as of the date specified
in section 213(a)—
(1) the Bureau of Economic Analysis shall be
transferred to the Federal Reserve System; and
(2) all functions which, immediately before such
date, are functions of the Secretary of Commerce
with respect to the Bureau of Economic Analysis
shall be transferred to the Chairman of the Board
of Governors of the Federal Reserve System.
(b) INTERIM SERVICE.—The individual serving as the
Director of the Bureau of Economic Analysis immediately
before the reorganization under this section takes effect
may continue serving in that capacity until a successor
has taken office. Compensation for any service under this
subsection shall be at the rate at which such individual
was compensated immediately before the effective date of
the reorganization.
(c) REPORTS.—Not later than 18 months after the
date of the enactment of this Act, the Director of the Bu-
reau of Economic Analysis shall submit to the Congress
a written report on—
(1) the availability of any private sector re-
sources that may be capable of performing any or all
of the functions of the Bureau of Economic Analy-
sis, and the feasibility of having any such functions
so performed; and
(2) the feasibility of implementing a system
under which fees may be assessed by the Bureau of
Economic Analysis in order to defray the costs of
any services performed by the Bureau of Economic
Analysis, when such services are performed other
than on behalf of the Federal Government or an
agency or instrumentality thereof.
(d) RULE OF CONSTRUCTION.—For purposes of title
III, the reorganization of the Bureau of Economic Analy-
sis under this section shall be treated as if it involved a
transfer of functions from one office to another.
SEC. 209. TERMINATED FUNCTIONS OF NTIA.
The following provisions of law are repealed:
(1) Subpart A of part IV of title III of the
Communications Act of 1934 (47 U.S.C. 390 et
seq.), relating to assistance for public telecommuni-
cations facilities.
(2) Subpart B of part IV of title III of the
Communications Act of 1934 (47 U.S.C. 394 et
seq.), relating to the Endowment for Children’s
Educational Television.
(3) Subpart C of part IV of title III of the
Communications Act of 1934 (47 U.S.C. 395 et
seq.), relating to Telecommunications Demonstration
grants.
SEC. 210. TRANSFER OF SPECTRUM MANAGEMENT FUNC-
TIONS.
There are transferred to the Chairman of the Federal
Communications Commission all functions of the Sec-
retary of Commerce, the Assistant Secretary of Commerce
for Communications and Information, and the National
Telecommunications and Information Administration
under parts A and B of the National Telecommunication
and Information Administration Organization Act.
SEC. 211. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN-
ISTRATION.
(a) TERMINATION OF AUTHORITY TO MAKE FISH-
ERIES GRANTS.—No financial assistance may be provided
under any of the following laws, except to the extent the
provision of that assistance is a contractual obligation of
the United States on the day before the effective date of
this section:
(1) Section 2 of the Act of August 11, 1939
(15 U.S.C. 713c–3), popularly known as the
‘‘Saltonstall-Kennedy Act’’.
(2) Section 1 of the Act of September 2, 1960
(16 U.S.C. 753a).
(3) The Antarctic Marine Living Resources
Convention Act of 1984 (16 U.S.C. 2431 et seq.).
(4) The Anadromous Fish Conservation Act (16
U.S.C. 757a et seq.).
(5) Provisions of the Magnuson Fishery Con-
servation and Management Act (16 U.S.C. 1801 et
seq.) and the Department of Commerce Appropria-
tion Act of 1994 that authorize assistance to State
fishery agencies to enhance their data collection and
analysis systems to respond to coastwise fisheries
management needs.
(6) The Interjurisdictional Fisheries Act of
1986 (16 U.S.C. 4101 et seq.).
(7) Provisions of the Fish and Wildlife Act of
1956 and the Department of Commerce Appropria-
tion Act of 1994 that authorize assistance to State
for a cooperative State and Federal partnership to
provide a continuing source of fisheries statistics to
support fisheries management in the States’ terri-
torial waters and the United States exclusive eco-
nomic zone.
(8) Provisions of the Fish and Wildlife Act of
1956 and the Department of Commerce Appropria-
tion Act of 1994 that authorize assistance to States
for a cooperative program which engages State and
Federal agencies in the coordinated collection, man-
agement, and dissemination of fishery-independent
information on marine fisheries in support of State
territorial waters and the United States exclusive
economic zone fisheries management programs.
(9) Provisions of the Act of May 11, 1938 (16
U.S.C. 756–757), popularly known as the Mitchell
Act, and the Department of Commerce Appropria-
tion Act of 1994 that authorize assistance to State
fisheries agencies in the Pacific Northwest to protect
and enhance salmon and steelhead resources in the
region.
(10) Provisions of the Pacific Salmon Treaty
Act of 1985 (16 U.S.C. 3631–3644) and the De-
partment of Commerce Appropriation Act of 1994
that authorize assistance to States in fulfilling re-
sponsibilities under the Pacific Salmon Treaty by
providing administrative, management, and applied
research support to the States to meet the needs of
the Pacific Salmon Commission and international
commitments under the treaty.
(11) Provisions of the Marine Mammal Protec-
tion Act of 1972 (16 U.S.C. 1371–1384) and the
Department of Commerce Appropriation Act of 1994
which authorize assistance to State agencies for the
collection and analysis of information on marine
mammals that occur in the State waters and inter-
act with State managed fisheries.
(12) Provisions of the Pacific Salmon Treaty
Act of 1985 (16 U.S.C. 3631–3644) and the De-
partment of Commerce Appropriation Act of 1994
that—
(A) authorize assistance to States to assist
in fulfilling Federal responsibilities under the
Pacific Salmon Treaty by restoring Southeast
Alaska salmon harvests limited by the treaty