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H.R. 1756 (104th): Department of Commerce Dismantling Act

The text of the bill below is as of Jun 7, 1995 (Introduced).


HR 1756 IH

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. WICKER, 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 Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To abolish the Department of Commerce.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Department of Commerce 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 COMMERCE PROGRAMS RESOLUTION AGENCY.

    (a) REESTABLISHMENT- The Department of Commerce 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 receive 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 ADMINISTRATOR- 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, appoint 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 authority 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 necessary, before the termination date specified in section 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 Department) or were authorized to be performed by the Secretary of Commerce or any other officer or employee of the Department in the capacity as such officer or employee.

SEC. 103. DEPUTY ADMINISTRATOR.

    The Agency shall have a Deputy Administrator, who shall--

      (1) be appointed by and report to the Administrator; and

      (2) shall perform such functions as may be delegated by the Administrator.

SEC. 104. CONTINUATION OF SERVICE OF DEPARTMENT OFFICERS.

    (a) CONTINUATION OF SERVICE OF SECRETARY- The individual serving on the effective date specified in section 109(a) as the Secretary of Commerce may serve and act as Administrator until the date an individual is appointed under this title to the position of Administrator, or until the end of the 120-day period provided for in section 3348 of title 5, United States Code (relating to limitations on the period of time a vacancy may be filled temporarily), whichever is earlier.

    (b) CONTINUATION OF SERVICE OF OTHER OFFICERS- An individual serving on the effective date specified in section 109(a) as an officer of the Department of Commerce other than the Secretary of Commerce may continue to serve and act in an equivalent capacity in the Agency until the date an individual is appointed under this title to the position of Administrator, or until the end of the 120-day period provided for in section 3348 of title 5, United States Code (relating to limitations on the period of time a vacancy may be filled temporarily) with respect to that appointment, whichever is earlier.

    (c) COMPENSATION FOR CONTINUED SERVICE- Any person--

      (1) who serves as the Administrator under subsection (a), or

      (2) who serves under subsection (b),

    after the effective date specified in section 109(a) and before 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 effective 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 Resolution 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 RESOLUTION AGENCY.

    (a) IN GENERAL- Effective on the termination date specified in subsection (d), the Commerce Programs Resolution Agency is abolished.

    (b) ABOLITION OF FUNCTIONS- Except for functions transferred or otherwise continued by this Act, all functions that, immediately before the termination date specified in subsection (d), were functions of the Commerce 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 achieving, in accordance with this Act--

      (1) the complete abolishment of the Department of Commerce; and

      (2) the termination or transfer or other continuation 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 following 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 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 Atmospheric Administration.’; 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 items:

      ‘Assistant Secretaries of Commerce (11).’;

      (2) by striking the following item:

      ‘General Counsel of the Department of Commerce.’;

      (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 Commerce.’;

      (6) by striking the following item:

      ‘Chief Financial Officer, Department of Commerce.’; 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, Department of Commerce.’; and

      (2) by striking the following item:

      ‘National Export Expansion Coordinator, Department of Commerce.’.

    (g) INSPECTOR GENERAL ACT OF 1978- The Inspector General Act of 1978 (5 U.S.C. App.) is amended--

      (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 ENACTMENT- The following provisions of this title shall take effect on the date of the enactment of this Act:

      (1) Section 101(b).

      (2) Section 106(c).

      (3) Section 107.

TITLE II--DISPOSITION OF PARTICULAR PROGRAMS, FUNCTIONS, AND AGENCIES OF DEPARTMENT 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 Secretary 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 assets or other rights (including security interests) incident thereto, and all liabilities related thereto. There are assigned to the Secretary of the Treasury the functions, powers, and abilities vested in or delegated to the Secretary of Commerce or the Department of Commerce to manage, service, collect, sell, dispose of, or otherwise realize 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 Department of Commerce under the Public Works and Economic 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 Administration, the 2 Assistant Secretaries of Commerce 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 transferred to the Secretary of State.

      (2) CONSULTATION WITH USTR- The Secretary of State shall consult with the United States Trade Representative with respect to licensing decisions 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 Commerce, 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 PERSONNEL- Not more than 60 United States special agents of the Bureau of Export Administration of the Department of Commerce who, on the day before 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 Director 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 Commerce, on the day before the effective date specified in section 109(a), under section 8 of the Export Administration 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 General.

    (e) TERMINATION OF OFFICE OF FOREIGN AVAILABILITY; 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 paragraph (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 Export Administration Act of 1979, to advise the Secretary 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 transferred 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 Commerce 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 Production Act of 1950 (50 U.S.C. App. 2099) are transferred to the Secretary of Defense; and

      (3) under section 722 of the Defense Production Act of 1950 (50 U.S.C. App. 2171) are transferred to the Secretary of the Treasury.

    (b) NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL BASE COUNCIL- Section 2502(b) of title 10, United 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 committees composed of representatives of appropriate industries to advise the National Security Council with respect to those matters affecting industry addressed by the Secretary of Commerce to the National Security Council before the effective date specified in section 109(a).

SEC. 204. INTERNATIONAL TRADE FUNCTIONS.

    (a) TARIFF ACT OF 1930; URUGUAY ROUND AGREEMENTS ACT-

      (1) TRANSFER TO UNITED STATES TRADE REPRESENTATIVE- All functions of the International Trade Administration of the Department of Commerce, immediately before the effective date specified in section 109(a), under titles III and VII of the Tariff Act of 1930, and all functions of the administering authority or the Secretary of Commerce under the Uruguay Round Agreements Act, are transferred to the United States Trade Representative.

      (2) CONFORMING AMENDMENT- Section 771(1) of the Tariff Act of 1930 (19 U.S.C. 1677(1)) is amended by striking ‘Secretary of Commerce’ and inserting ‘United States Trade Representative’.

    (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 officer of the Board, the United States Trade Representative’.

    (c) UNITED STATES AND FOREIGN COMMERCIAL SERVICE-

      (1) RENAMING AND ABOLITION OF CERTAIN FUNCTIONS- The United States and Foreign Commercial Service shall, upon the effective date specified in section 109(a), be known as the ‘United States Foreign Commercial Service’ (hereafter in this subsection referred to as the ‘Commercial Service’). 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 operations of the Commercial Service) are abolished.

      (2) TRANSFER TO USTR- The Commercial Service and its functions are transferred to the United States Trade Representative. All functions performed immediately before the effective date specified 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 Commerce and Director General of the United States and Foreign Commercial Service’ and inserting ‘Director General of the United States Foreign Commercial Service.’.

      (C) The individual serving as Assistant Secretary of Commerce and Director General of the United States and Foreign Commercial Service immediately before the effective date specified in section 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 subparagraph shall be at the rate at which the individual was compensated immediately before the effective date specified in section 109(a).

      (4) TRANSFER OF COMMERCIAL SERVICE OFFICERS- The transfer to the United States Trade Representative pursuant to this section of any Commercial 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 programs (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 Representative.

      (2) PRIVATE FUNDING- With respect to any program transferred under paragraph (1), no funds made available to the United States Trade Representative may be used in carrying out such program, but the United States Trade Representative may require the persons to whom services are provided by the Office of the United States Trade Representative under such program to pay for such services.

    (e) TRADE INFORMATION- All functions of the Secretary 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 Treasury.

    (f) INTERNATIONAL ECONOMIC POLICY- All functions performed by the Assistant Secretary of Commerce for International Economic Policy and the Office of International 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 AGREEMENTS-

      (1) TRANSFER OF FUNCTIONS- Notwithstanding 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 formulation for textile and apparel trade, including the negotiation and implementation of textile and apparel trade agreements, and all related activities 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 Representative.

        (B) All functions related to economic analysis of textile and apparel trade patterns, determination of serious damage, or actual threat thereof, to domestic United States industry and related safeguards matters, including the transitional safeguard provisions under Article 6 of the Agreement on Textiles and Clothing referred 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 International 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 Service.

        (D) All functions related to monitoring quota utilization and enforcement, and actions to address the circumvention of quotas, as described in the statement of administrative action accompanying the Uruguay Round Agreements (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 before 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 established under section 104 of that Act, are abolished.

      (B) The functions of the Secretary of Commerce 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 Export 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 amended by striking ‘COMMERCE’ and inserting ‘TREASURY’.

      (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 advise 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 property, both real and personal, for the purpose of aiding 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 bequests shall be deposited in the United States Treasury 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 Representative. 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 Federal income, estate, and gift taxes, and State taxes, property accepted under subsection (a) shall be considered a gift or bequest to or for use of the United States.

      (3) INVESTMENT- The Secretary of the Treasury may invest and reinvest in securities of the United States or in securities guaranteed as to principal 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 economics or trade make that information available to other departments 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 repealed.

SEC. 205. PATENT AND TRADEMARK OFFICE.

    (a) TRANSFER TO DEPARTMENT OF JUSTICE- Effective 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 (commonly 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 APPROPRIATION- (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 inserting ‘, 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 appropriation’.

    (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 established 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, Assistant Commissioner of Patents, and Assistant Commissioner of Trademarks, immediately before the effective date specified in section 109(a), may continue in such office on and after such effective date until a successor has taken office. Compensation for any service under this subsection shall be at the rate at which the individual was compensated immediately before the effective date specified 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:

‘Sec. 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 registrations shall be kept and preserved, except as otherwise provided by law.’.

      (2) Title 35, United States Code, is amended by striking ‘Secretary of Commerce’ each place it appears 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 provided in this section, the Technology Administration shall be terminated on the effective date specified in section 213(a).

      (2) OFFICE OF TECHNOLOGY POLICY- The Office of Technology Policy is hereby terminated.

    (b) NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY-

      (1) GENERAL RULE- Except as otherwise provided in this subsection, the National Institute of Standards and Technology (in this subsection referred to as the ‘Institute’) shall be transferred to the National Science Foundation.

      (2) FUNCTIONS OF DIRECTOR- Except as otherwise provided in this subsection, upon the transfer under paragraph (1), the Director of the Institute shall perform all functions relating to the Institute that, immediately before the effective date specified in section 213(a), were functions of the Secretary of Commerce or the Under Secretary of Commerce for Technology, including the administration of section 17 of the Stevenson-Wydler Technology Innovation Act of 1980.

      (3) LABORATORIES- (A) The laboratories of the Institute shall be transferred to the Commerce Programs Resolution Agency.

      (B) The Commerce Programs Resolution Agency shall attempt to sell the property of the laboratories of the Institute, within 18 months after the effective date specified in section 213(a), to a private sector entity intending to perform substantially the same functions as were performed by the laboratories of the Institute immediately before such effective date.

      (C) If no offer to purchase property under subparagraph (B) is received within the 18-month period 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 SERVICE-

      (1) SALE OF PROPERTY- The Commerce Programs 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 functions as were performed by the National Technical Information Service immediately before such effective date.

      (2) RECOMMENDATIONS- If no offer to purchase property under paragraph (1) is received within the 18-month period described in such paragraph, the Commerce Programs Resolution Agency shall submit a report to the Congress containing recommendations on the appropriate disposition of the property and functions of the National Technical Information Service.

      (3) FUNDING- No Federal funds may be appropriated 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), respectively;

        (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 INNOVATION ACT OF 1980- The Stevenson-Wydler Technology 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), respectively;

        (C) by striking sections 5, 6, 7, 8, 9, and 10;

        (D) in section 11--

          (i) by striking ‘, the Federal Laboratory Consortium for Technology Transfer,’ in subsection (c)(3);

          (ii) by striking ‘and the Federal Laboratory Consortium for Technology Transfer’ in subsection (d)(2);

          (iii) by striking ‘, and refer such requests’ and all that follows through ‘available 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 subsection (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 transferred 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 transferred to the Secretary of the Treasury.

    (b) INTERIM SERVICE- The individual serving as the Director of the Census 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) 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 afforded to it by the Census Address List Improvement Act of 1994 (Public Law 103-430; 108 Stat. 4393), and take measures to ensure the timely implementation 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 DEPARTMENT OF THE TREASURY- (A) Section 2 of title 13, United States Code, is amended by striking ‘is continued as’ through the period and inserting ‘is an agency within, and under the jurisdiction of, the Department of the Treasury.’.

      (B) Subsection (e) of section 12 of the Act of February 14, 1903 (15 U.S.C. 1511(e)) is repealed.

      (2) DEFINITION OF SECRETARY- Title 13, United States Code, is amended in section 1(2) by striking ‘Secretary of Commerce’ and inserting ‘Secretary of the Treasury’.

      (3) REFERENCES IN TITLE 13, UNITED STATES CODE, TO THE DEPARTMENT OF COMMERCE- Title 13, United States Code, is amended in sections 4, 9(a), 23(b), 24(e), 44, 103, 132, 211, 213(b)(2), 221, 222, 223, 224, 225(a), and 241 by striking ‘Department of Commerce’ each place it appears and inserting ‘Department of the Treasury’.

      (4) PROVISIONS RELATING TO THE SECRETARY OF THE TREASURY- (A) Section 302 of title 13, United States Code, is amended by striking the last sentence thereof.

      (B) Section 303 of title 13, United States Code, and the item relating to such section in the analysis for chapter 9 of such title are repealed.

      (C) Section 304(a) of title 13, United States Code, is amended--

        (i) by striking ‘Secretary of the Treasury’ each place it appears and inserting ‘Secretary’; and

        (ii) by striking ‘Secretary of Commerce’ and inserting ‘Secretary’.

      (D)(i) Section 401(a) of title 13, United States Code, is amended by striking ‘Secretary of Commerce’ and inserting ‘Secretary’.

      (ii) Section 8(e) of the Foreign Direct Investment and International Financial Data Improvements Act of 1990 (22 U.S.C. 3144(e)) is amended by striking ‘Secretary of Commerce’ and inserting ‘Secretary of the Treasury’.

      (iii) Section 401(a) of title 13, United States Code, is amended by striking ‘Department of Commerce’ and inserting ‘Federal Reserve System’.

      (5) COMPENSATION FOR THE POSITION OF DIRECTOR OF THE CENSUS- Section 5315 of title 5, United States Code, as amended by paragraph (7) of section 108(e), is further amended by inserting (in lieu of the item struck by such paragraph) the following new item:

      ‘Director of the Census, Department of the Treasury.’.

      (6) CONFIDENTIALITY- Section 9 of title 13, United States Code, is amended by adding at the end the following:

    ‘(c)(1) Nothing in subsection (a)(3) shall be considered to permit the disclosure of any matter or information to an officer or employee of the Department of the Treasury who is not referred to in subchapter II if, immediately before the date specified in section 213(a) of the Department 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 ECONOMIC 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 Bureau of Economic Analysis shall submit to the Congress a written report on--

      (1) the availability of any private sector resources that may be capable of performing any or all of the functions of the Bureau of Economic Analysis, 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 Analysis 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 telecommunications 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 FUNCTIONS.

    There are transferred to the Chairman of the Federal Communications Commission all functions of the Secretary 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 ADMINISTRATION.

    (a) TERMINATION OF AUTHORITY TO MAKE FISHERIES 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 Conservation and Management Act (16 U.S.C. 1801 et seq.) and the Department of Commerce Appropriation 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 Appropriation 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’ territorial waters and the United States exclusive economic zone.

      (8) Provisions of the Fish and Wildlife Act of 1956 and the Department of Commerce Appropriation Act of 1994 that authorize assistance to States for a cooperative program which engages State and Federal agencies in the coordinated collection, management, and dissemination of fishery-independent information on marine fisheries in support of State territorial waters and the United States exclusive economic zone fisheries management programs.

      (9) Provisions of the Act of May 11, 1938 (16 U.S.C. 756-757), popularly known as the Mitchell Act, and the Department of Commerce Appropriation 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 Department of Commerce Appropriation Act of 1994 that authorize assistance to States in fulfilling responsibilities 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 Protection 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 interact with State managed fisheries.

      (12) Provisions of the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631-3644) and the Department of Commerce Appropriation Act of 1994 that--

        (A) authorize assistance to States to assist in fulfilling Federal responsibilities under the Pacific Salmon Treaty by restoring Southeast Alaska salmon harvests limited by the treaty and by restoring salmon stocks as quickly as possible; and

        (B) help implement a 1989 ‘Understanding between the United States and Canadian Sections of the Pacific Salmon Commission Concerning Joint Enhancement of Transboundary River Salmon Stocks’.

    (b) TERMINATION OF FISHERIES TRADE PROMOTION PROGRAM- Section 211 of the Act of December 22, 1989 (15 U.S.C. 1511b) is repealed.

    (c) CONFORMING AMENDMENT TO TERMINATE FISHERIES PROMOTION AND DEVELOPMENT TRANSFERS AND FUNDS- Section 2(b) of the Act of August 11, 1939 (15 U.S.C. 713c-3), popularly known as the ‘Saltonstall-Kennedy Act’, is repealed. Amounts remaining, on the effective date of this section, in the funds established under that section that are not required for the provision of financial assistance that is not otherwise terminated by this section shall revert to the general fund of the Treasury.

    (d) TERMINATION OF AUTHORITY TO GUARANTEE OBLIGATIONS FOR FISHING VESSEL AND FISHING FACILITY CONSTRUCTION, ETC- No new guarantee of an obligation or commitment to guarantee an obligation under title XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.) may be made under authority that was vested in the Secretary of Commerce on the day before the effective date of this section (relating to obligations for fishing vessels or fishing facilities), except to the extent the making of such a guarantee was a contractual obligation of the United States on the day before that effective date.

    (e) TERMINATION OF COMPENSATION UNDER FISHERMEN’S PROTECTIVE ACT OF 1967- No compensation may be paid under section 10 of the Fishermen’s Protective Act of 1967 (22 U.S.C. 1980), relating to compensation for damage, loss, or destruction of fishing vessels or fishing gear, except to the extent the compensation was awarded before the effective date of this section.

    (f) TERMINATION OF COMPENSATION TO FISHERMEN UNDER OUTER CONTINENTAL SHELF LANDS ACT AMENDMENTS OF 1978- No compensation may be paid under title IV of the Outer Continental Shelf Lands Act Amendments of 1978 (43 U.S.C. 1841 et seq.), except to the extent the compensation was awarded before the effective date of this section.

    (g) TERMINATION OF MISCELLANEOUS RESEARCH FUNCTIONS- The following functions, as vested in personnel of the National Oceanic and Atmospheric Administration on the day before the effective date of this section, are terminated:

      (1) All observation and prediction functions relating to pollution research.

      (2) All functions relating to estuarine and coastal assessment research.

    (h) TERMINATION OF NOAA CORPS-

      (1) TERMINATION- The National Oceanic and Atmospheric Administration Corps is terminated, and the assets thereof shall be transferred to the Commerce Programs Resolution Agency.

      (2) DISPOSITION OF ASSETS- The Administrator of the Commerce Programs Resolution Agency shall attempt to sell the assets of the National Oceanic and Atmospheric Administration Corps, within 18 months after the effective date specified in section 213(a), to a private sector entity intending to perform substantially the same functions as were performed by the National Oceanic and Atmospheric Administration Corps immediately before such effective date.

      (3) REPORT- If no offer to purchase assets under paragraph (2) is received within the 18-month period described in such paragraph, the Commerce Programs Resolution Agency shall submit a report to the Congress containing recommendations on the appropriate disposition of the assets and functions of the National Oceanic and Atmospheric Administration Corps.

    (i) DISPOSAL OF NOAA FLEET- The Secretary of the Interior--

      (1) shall cease modernization of the National Oceanic and Atmospheric Administration fleet of vessels and terminate all new construction for that fleet;

      (2) shall promptly dispose of all assets comprising the National Oceanic and Atmospheric Administration fleet; and

      (3) may not purchase any vessels for the National Oceanic and Atmospheric Administration.

    (j) OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH- (1) Except as otherwise provided in paragraph (2) or (3), the Office of Oceanic and Atmospheric Research shall be terminated.

    (2) Functions relating to weather research of the Office of Oceanic and Atmospheric Research shall be transferred to the National Weather Service.

    (3)(A) The laboratories of the Office of Oceanic and Atmospheric Research shall be transferred to the Commerce Programs Resolution Agency.

    (B) The Commerce Programs Resolution Agency shall attempt to sell the property of the laboratories of the Office of Oceanic and Atmospheric Research, within 18 months after the effective date specified in section 213(a), to a private sector entity intending to perform substantially the same functions as were performed by the laboratories of the Office of Oceanic and Atmospheric Research immediately before such effective date.

    (C) If no offer to purchase property under subparagraph (B) is received within the 18-month period described in such subparagraph, the Commerce Programs Resolution Agency shall transfer the remaining laboratories to the Department of the Interior, which shall submit a report to the Congress containing recommendations on the appropriate disposition of the property and functions of such laboratories.

    (k) NAUTICAL AND AERONAUTICAL CHARTING- (1) The nautical and aeronautical charting functions of the National Oceanic and Atmospheric Administration shall be transferred to the Defense Mapping Agency.

    (2) The Defense Mapping Agency shall terminate any functions transferred to it under paragraph (1) that are performed by the private sector.

    (l) NESDIS- (1)(A) The National Environmental Satellite, Data, and Information System Data Centers shall be transferred to the Commerce Programs Resolution Agency.

    (B) The Commerce Programs Resolution Agency shall attempt to sell the property of the National Environmental Satellite, Data, and Information System Data Centers, within 18 months after the effective date specified in section 213(a), to a private sector entity intending to perform substantially the same functions as were performed by the National Environmental Satellite, Data, and Information System Data Centers immediately before such effective date.

    (C) If no offer to purchase property under subparagraph (B) is received within the 18-month period described in such subparagraph, the Commerce Programs Resolution Agency shall submit a report to the Congress containing recommendations on the appropriate disposition of the property and functions of the National Environmental Satellite, Data, and Information System Data Centers.

    (2) Functions related to weather satellites of the National Environmental Satellite, Data, and Information System shall be transferred to the National Weather Service.

    (m) NATIONAL WEATHER SERVICE- (1) The National Weather Service is hereby transferred to the Department of the Interior.

    (2)(A) The National Weather Service shall terminate its specialized agricultural, Marine Radiofax, and forestry weather services, and its Regional Climate Centers.

    (B) The National Weather Service may terminate any other specialized weather services not required by law to be performed.

    (n) NATIONAL MARINE FISHERIES SERVICE-

      (1) TRANSFER OF ENFORCEMENT FUNCTIONS- There are transferred to the Secretary of Transportation all functions relating to law enforcement that on the day before the effective date of this section were authorized to be performed by the National Marine Fisheries Service.

      (2) TRANSFER OF SCIENCE FUNCTIONS- --There are transferred to the Director of the United States Fish and Wildlife Service all functions relating to science that on the day before the effective date of this section were authorized to be performed by the National Marine Fisheries Service.

      (3) TRANSFER OF SEAFOOD INSPECTION FUNCTIONS- There are transferred to the Secretary of Agriculture all functions relating to seafood inspection that on the day before the effective date of this section were authorized to be performed by the National Marine Fisheries Service.

    (o) NATIONAL OCEAN SERVICE-

      (1) TRANSFER OF GEODESY FUNCTIONS- There are transferred to the Director of the United States Geological Survey all functions relating to geodesy that on the day before the effective date of this section were authorized to be performed by the National Ocean Service.

      (2) TRANSFER OF MARINE AND ESTUARINE SANCTUARY FUNCTIONS- There are transferred to the Secretary of the Interior all functions relating to marine and estuarine sanctuaries that on the day before the effective date of this section were authorized to be performed by the National Ocean Service.

    (p) ENVIRONMENTAL RESEARCH LABORATORIES-

      (1) TRANSFER- The environmental research laboratories of the National Oceanic and Atmospheric Administration (other than laboratories of the Office of Oceanic and Atmospheric Research, referred to in subsection (j)) shall be transferred to the Commerce Programs Resolution Agency.

      (2) DISPOSAL- The Commerce Programs Resolution Agency shall attempt to sell the property of the laboratories transferred under paragraph (1), within 18 months after the effective date specified in section 213(a), to a private sector entity intending to perform substantially the same functions as were performed by the laboratories before such effective date.

      (3) REPORT- If no offer to purchase property under paragraph (2) is received within the 18-month period described in such paragraph, the Commerce Programs Resolution Agency shall submit a report to the Congress containing recommendations on the appropriate disposition of the property and functions of the laboratories transferred under paragraph (1).

SEC. 212. MISCELLANEOUS ABOLISHMENTS.

    The following agencies and programs of the Department of Commerce are abolished, and the functions of those agencies or programs are abolished except to the extent otherwise provided in this Act:

      (1) The Economic Development Administration.

      (2) The Minority Business Development Administration.

      (3) The United States Travel and Tourism Administration.

      (4) The National Telecommunications and Information Administration.

      (5) The Advanced Technology Program under section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n).

      (6) The Manufacturing Extension Programs under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l).

SEC. 213. EFFECTIVE DATE.

    (a) IN GENERAL- Except as provided in subsection (b), this title shall take effect on the effective date specified in section 109(a).

    (b) PROVISIONS EFFECTIVE ON DATE OF ENACTMENT- The following provisions of this title shall take effect on the date of the enactment of this Act:

      (1) Section 201.

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

      (3) Section 212.

SEC. 214. SENSE OF CONGRESS REGARDING USER FEES.

    It is the sense of the Congress that the head of each agency that performs a function vested in the agency by this Act should, wherever feasible, explore and implement user fees for the provision of services in the performance of that function, to offset operating costs.

TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. REFERENCES.

    Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to an office from which a function is transferred by this Act--

      (1) to the Secretary of Commerce or an officer of the Department of Commerce, is deemed to refer to the head of the department or office to which such function is transferred; or

      (2) to the Department of Commerce or an agency in the Department of Commerce is deemed to refer to the department or office to which such function is transferred.

SEC. 302. EXERCISE OF AUTHORITIES.

    Except as otherwise provided by law, a Federal official to whom a function is transferred by this Act may, for purposes of performing the function, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function under this Act.

SEC. 303. SAVINGS PROVISIONS.

    (a) LEGAL DOCUMENTS- All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges--

      (1) that have been issued, made, granted, or allowed to become effective by the President, the Secretary of Commerce, any officer or employee of any office transferred by this Act, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act, and

      (2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date),

    shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law.

    (b) PROCEEDINGS- This Act shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending on the date of the enactment of this Act before an office transferred by this Act, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted.

    (c) SUITS- This Act shall not affect suits commenced before the date of the enactment of this Act, and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted.

    (d) NONABATEMENT OF ACTIONS- No suit, action, or other proceeding commenced by or against the Department of Commerce or the Secretary of Commerce, or by or against any individual in the official capacity of such individual as an officer or employee of an office transferred by this Act, shall abate by reason of the enactment of this Act.

    (e) CONTINUANCE OF SUITS- If any officer of the Department of Commerce or the Commerce Programs Resolution Agency in the official capacity of such officer is party to a suit with respect to a function of the officer, and under this Act such function is transferred to any other officer or office, then such suit shall be continued

with the other officer or the head of such other office, as applicable, substituted or added as a party.

SEC. 304. TRANSFER OF ASSETS.

    Except as otherwise provided in this Act, so much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with a function transferred to an official or agency by this Act shall be available to the official or the head of that agency, respectively, at such time or times as the Director of the Office of Management and Budget directs for use in connection with the functions transferred.

SEC. 305. DELEGATION AND ASSIGNMENT.

    Except as otherwise expressly prohibited by law or otherwise provided in this Act, an official to whom functions are transferred under this Act (including the head of any office to which functions are transferred under this Act) may delegate any of the functions so transferred to such officers and employees of the office of the official as the official may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions under this section or under any other provision of this Act shall relieve the official to whom a function is transferred under this Act of responsibility for the administration of the function.

SEC. 306. AUTHORITY OF ADMINISTRATOR WITH RESPECT TO FUNCTIONS TRANSFERRED.

    (a) DETERMINATIONS- If necessary, the Administrator shall make any determination of the functions that are transferred under this Act.

    (b) INCIDENTAL TRANSFERS- The Administrator, at such time or times as the Administrator shall provide, may make such determinations as may be necessary with regard to the functions transferred by this Act, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this Act. The Administrator shall provide for the termination of the affairs of all entities terminated by this Act and for such further measures and dispositions as may be necessary to effectuate the purposes of this Act.

SEC. 307. PROPOSED CHANGES IN LAW.

    Not later than one year after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit to the Congress a description of any changes in Federal law necessary to reflect abolishments, transfers, terminations, and disposals under this Act.

SEC. 308. CERTAIN VESTING OF FUNCTIONS CONSIDERED TRANSFERS.

    For purposes of this Act, the vesting of a function in a department or office pursuant to reestablishment of an office shall be considered to be the transfer of the function.

SEC. 309. DEFINITIONS.

    For purposes of this Act, the following definitions apply:

      (1) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Commerce Programs Resolution Agency.

      (2) AGENCY- The term ‘Agency’ means the Commerce Programs Resolution Agency.

      (3) FUNCTION- The term ‘function’ includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program.

      (4) OFFICE- The term ‘office’ includes any office, administration, agency, bureau, institute, council, unit, organizational entity, or component thereof.

      (5) WIND-UP PERIOD- The term ‘wind-up period’ means the period beginning on the effective date specified in section 109(a) and ending on the termination date specified in section 106(d).

SEC. 310. LIMITATION ON ANNUAL EXPENDITURES FOR CONTINUED FUNCTIONS.

    The amount expended by the United States each fiscal year for performance of a function which immediately before the effective date of this section was authorized to be performed by an agency, officer, or employee of the Department of Commerce may not exceed 75 percent of the total amount expended by the United States for performance of that function during fiscal year 1994.