[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1319 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1319

                 To abolish the Department of Commerce.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 14, 1997

  Mr. Royce introduced the following bill; which was referred to the 
      Committee on Commerce, and in addition to the Committees on 
  Transportation and Infrastructure, Banking and Financial Services, 
   International Relations, National Security, Agriculture, Ways and 
  Means, Government Reform and Oversight, the Judiciary, Science, and 
 Resources, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee 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) 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 and the Secretary of Commerce under the Uruguay Round 
        Agreements Act (19 U.S.C. 3501 and following), are transferred 
        to the United States Trade Representative.
            (2) Conforming amendment.--Section 771(1) of the Tariff Act 
        of 1930 (19 U.S.C. 1677(1)) is amended by striking ``Secretary 
        of 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 referred to as the ``Foreign 
Trade Zones Act'') (19 U.S.C. 81a(b)) is amended by striking 
``Secretary of Commerce, who shall be chairman and executive officer of 
the Board, the Secretary of the Treasury'' and inserting ``Secretary of 
the Treasury, who shall be chairman and executive 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 subparagraphs (B) 
                through (D), 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(7)), is amended by striking ``Commerce'' and 
        inserting ``Treasury''.
    (j) Appointment of Industries Boards.--The President shall appoint 
industries boards, composed of representatives of industries in the 
private sector, to 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, the Act of July 5, 1946 (commonly referred to as 
        the ``Trademark Act of 1946'') (15 U.S.C. 1051 and following), 
        or any other provision of law with respect to the functions of 
        the Patent and Trademark Office, are transferred to the 
        Attorney General.
    (b) Adjustment of Fees.--Section 41(f) of title 31, United States 
Code, is amended to read as follows:
    ``(f) The Commissioner may adjust the fees established under this 
section on October 1 of each year to cover the estimated cost of the 
activities of the Office.''.
    (c) Service of Incumbents.--Those individuals serving as 
Commissioner of Patents and Trademarks, Deputy Commissioner of Patents 
and Trademarks, 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).
    (d) Rule of Construction.--For purposes of title III, the transfer 
of the Patent and Trademark Office to the Department of Justice under 
this section shall be treated as if it involved a transfer of functions 
from one office to another.
    (e) Technical and Conforming Amendments.--
            (1) Section 1 of title 35, United States Code, is amended 
        to read as follows:
``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 1997.
    (d) Amendments.--
            (1) National institute of standards and technology act.--
        The National Institute of Standards and Technology Act (15 
        U.S.C. 271 et seq.) is amended--
                    (A) in section 2(b), by striking paragraph (1) and 
                redesignating paragraphs (2) through (11) as paragraphs 
                (1) through (10), 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-Stevens 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 (16 
        U.S.C. 742a) and the Department of Commerce Appropriation Act 
        of 1994 that authorize assistance to States 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 (16 
        U.S.C. 742a) 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) In general.--Except as otherwise provided in paragraph 
        (2) or (3), the Office of Oceanic and Atmospheric Research 
        shall be terminated.
            (2) Weather research.--Functions relating to weather 
        research of the Office of Oceanic and Atmospheric Research 
        shall be transferred to the National Weather Service.
            (3) Office of oceanic and atmospheric research.--(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) Transfer.--The nautical and aeronautical charting 
        functions of the National Oceanic and Atmospheric 
        Administration shall be transferred to the Defense Mapping 
        Agency.
            (2) Termination.--The Defense Mapping Agency shall 
        terminate any functions transferred to it under paragraph (1) 
        that are performed by the private sector.
    (l) NESDIS.--
            (1) Transfer.--(A) The National 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) Weather satellite functions.--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) Transfer.--The National Weather Service is hereby 
        transferred to the Department of the Interior.
            (2) Termination of functions.--(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.
                                 <all>