Department of Commerce Dismantling Act

TABLE OF CONTENTS:

Title I: Abolishment of Department of Commerce

Title II: Disposition of Programs, Functions, and Agencies

of Department of Commerce

Title III: Establishment of United States Trade

Administration

Subtitle A: General Provisions

Subtitle B: United States Trade Administration

Title IV: Establishment of the Office of Patents,

Trademarks, and Standards

Subtitle A: Establishment

Subtitle B: Administrative Provisions

Subtitle C: Conforming Amendments

Title V: Statistical Consolidation

Subtitle A: General Provisions

Subtitle B: Establishment of the Federal Statistical

Service

Subtitle C: Transfers of Functions and Offices

Subtitle D: Administrative Provisions

Subtitle E: Miscellaneous

Title VI: Miscellaneous Provisions

Department of Commerce Dismantling Act - Title I: Abolishment of Department of Commerce - Abolishes the Department of Commerce (Department). Transfers all Department functions to the Director of the Office of Management and Budget (OMB) before the applicable date of abolishment, which is the earlier of: (1) the last day of the six-month period beginning on the date of enactment of this Act; or (2) September 30, 1998.

(Sec. 103) Sets forth requirements for the resolution of all Department functions. Terminates all functions that are transferred to the Director that are not otherwise continued by this Act on the last day of the 3-year period beginning on the date of enactment.

(Sec. 104) Sets forth provisions concerning: (1) the OMB Director's responsibilities during the resolution and termination of functions; and (2) transfer of Department personnel.

(Sec. 106) Provides for the submission of specified reports.

(Sec. 107) Requires General Accounting Office (GAO) audits of: (1) persons performing functions or activities pursuant to this Act; and (2) persons providing certain goods or services to, or receiving financial assistance from, persons performing functions or activities pursuant to this Act.

(Sec. 109) Sets forth provisions for privatizing transferred functions designated for privatization under Title II of this Act.

(Sec. 110) Amends Federal law concerning Government organization and employees to require affected agencies to establish agency-wide priority placement programs for Federal employees affected by a reduction in force attributable to this Act.

(Sec. 111) Limits the total amount authorized to be appropriated as funding related to the performance of functions transferred to the Director or to OMB from the Department to not exceed: (1) for the first fiscal year that begins after the abolishment date, 75 percent of the total amount of funding appropriated to the Department for FY 1997; and (2) for the second fiscal year that begins after the abolishment date and for each fiscal year thereafter, 65 percent of the total amount appropriated to the Department for FY 1997.

Title II: Disposition of Particular Programs, Functions, and Agencies of Department of Commerce - Repeals the Public Works and Economic Development Act of 1965 and transfers all financial obligations owned by the Department under such Act to the Department of the Treasury. Requires an audit by the Comptroller General of all Department grants made under such Act in FY 1997.

(Sec. 202) Terminates the Technology Administration and the Office of Technology Policy. Redesignates the National Institute of Standards and Technology (NIST) as the National Bureau of Standards (NBS). Transfers: (1) the NBS to the National Oceanic Atmospheric Administration (NOAA) reestablished under this Act; (2) all functions relating to the Bureau that were functions of the Secretary of Commerce (Secretary) or the Under Secretary of Commerce for Technology to the NBS Director; and (3) all functions of the National Technical Information Service (NTIS) to the OMB Director for privatization. Provides for the reestablishment of the NTIS as a wholly owned Government Corporation if an arrangement for privatization of the functions of the NTIS has not been made.

(Sec. 203) Transfers all functions of the Secretary relating to the Bureau of the Census and the Bureau of Economic Analysis to the Federal Statistical Service established under this Act.

(Sec. 204) Terminates assistance to: (1) public telecommunications; (2) educational television programs; and (3) telecommunications demonstrations. Repeals establishment of the National Endowment for Children's Educational Television (thus abolishing it). Transfers the: (1) National Telecommunications and Information Administration (NTIA) laboratories to the OMB Director for privatization; (2) NTIA functions concerning the research and analysis of the electromagnetic spectrum to the NBS Director; and (3) functions of the NTIA, and of the Secretary and the Assistant Secretary of Communications and Information with respect to the NTIA to the Federal Communications Commission. Provides for the transfer of NTIA laboratories to the reestablished NOAA if an arrangement for privatization of the laboratories has not been made. Abolishes the NTIA.

(Sec. 205) Terminates specified miscellaneous NOAA research programs.

Transfers from the NOAA: (1) aeronautical mapping and charting functions to the Transportation Administrative Services Center at the Department of Transportation; (2) functions relating to mapping, charting, and geodesy authorized under a certain Act to the Army Corps of Engineers; (3) all functions and assets performed by the National Environmental Satellite, Data, and Information System to the reestablished NOAA; (4) all functions and assets (including global programs) performed by the NOAA that were authorized to be performed by the Office of Oceanic and Atmospheric Research to the reestablished NOAA; and (5) all functions and assets of the NOAA that are authorized to be performed by the National Weather Service to the reestablished NOAA.

Prohibits: (1) funding for the NOAA Administration Corps of commissioned officers after FY 1997; and (2) allowing individuals to serve as such commissioned officers after FY 1997. Provides for the establishment of a priority placement program by NOAA to assist commissioned officers who are separated from the active list because of the termination. Abolishes on September 30, 2000: (1) the Office of the NOAA Administration of Corps of Operations or its successor; and (2) the Commissioned Personnel Center.

Sets forth service contract provisions with respect to the NOAA Administration Fleet. Directs the Administrator of Oceans and Atmosphere to: (1) use excess capacity of University National Oceanographic Laboratory System vessels; and (2) enter into memoranda of agreement with the operators of such vessels. Transfers certain excess vessels to the National Defense Reserve Fleet.

Transfers to the: (1) NOAA all functions authorized to be performed by the National Marine Fisheries Service; (2) reestablished NOAA all functions performed by the National Ocean Service, including the Coastal Ocean Program; and (3) Administrator of the Environmental Protection Agency coastal nonpoint pollution functions that are vested in the Secretary under the Budget Reconciliation Act of 1990.

(Sec. 206) Reestablishes as an independent agency in the executive branch the NOAA. Provides for NOAA, and all functions and offices transferred to the new NOAA to be administered under the supervision and direction of an Administrator of Oceans and Atmosphere. Transfers to the new NOAA: (1) the functions and offices of the NOAA; (2) the NBS along with its functions and offices; and (3) the Office of Space Commerce, along with its functions and offices. Terminates NOAA and certain other agency offices affected by the transfer.

(Sec. 207) Terminates: (1) the Minority Business Development Administration; (2) NTIA programs and activities mentioned in section 204 of this Act; (2) the Advanced Technology Program; (3) the Manufacturing Extension Programs; (4) the NIST METRIC Program; and (5) the Economics and Statistics Administration.

Title III: Establishment of United States Trade Administration - Subtitle A: General Provisions - Sets forth definitions.

Subtitle B: United States Trade Administration - Chapter 1: Establishment - Reestablishes the Trade Administration in the executive branch as an independent establishment to be headed by the Trade Representative who shall retain ambassador rank and represent the U.S. in all trade negotiations conducted by the Trade Administration. Directs the Trade Representative to serve as the principal adviser to the President on international trade policy, along with certain additional trade related functions, including those under Chapter 3.

Chapter 2: Officers - Sets forth provisions related to Trade Administration management positions and related functions, among other things establishing three Deputy U.S. Trade Representatives: (1) the Deputy U.S. Trade Representative for Negotiations (with ambassador rank); (2) the Deputy U.S. Trade Representative to the World Trade Organization (WTO) (with ambassador rank); and (3) the U.S. Trade Representative for Administration (acts for and exercises the functions of the Trade Representative during the absence, disability, or vacancy of the Trade Representative and exercises all transferred or established Trade Administration functions, except those functions exercised by certain Trade Administration officials).

Establishes four Assistant Administrators to exercise certain transferred Department functions under the direction of the Deputy Trade Representative for Administration: (1) the Assistant Administrator for Export Administration; (2) the Assistant Administrator for Import Administration; (3) the Assistant Administrator for Trade and Policy Analysis; and (4) the Assistant Administrator for Export Promotion (with ambassador rank). Creates the position of chief financial officer to perform all functions prescribed by the Deputy Trade Representative for Administration under the direction of such Deputy.

Chapter 3: Transfers to the Trade Administration - Abolishes the Office of the United States Trade Representative. Transfers to the Trade Administration Federal trade functions, including those of the Department, the Trade and Development Agency, the Export-Import Bank, and the Overseas Private Investment Corporation.

(Sec. 336) Directs the President to: (1) transmit to the Congress a comprehensive plan to consolidate Federal nonagricultural export promotion and financing activities; and (2) transfer those functions to the Trade Administration.

(Sec. 337) Transfers: (1) functions of the Committee for the Implementation of Textile Agreements (CITA) to the Trade Administration; and (2) other functions of CITA related to the assessment of the impact of textile imports on domestic industry to the International Trade Commission. Abolishes CITA.

Chapter 4: Administrative Provisions - Sets out Trade Representative related administrative provisions pertaining to personnel and other miscellaneous administrative matters, including those relating to a working capital fund for administrative expenses.

Chapter 5: Related Agencies - Amends the Trade Expansion Act of 1962, the National Security Act of 1947, and the Bretton Woods Agreement Act to make miscellaneous and conforming changes to complete the consolidation and streamlining process described above.

Chapter 6: Conforming Amendments - Makes miscellaneous technical and conforming amendments to various specified provisions of Federal law, including those relating to executive schedule positions.

Chapter 7: Miscellaneous - Limits the total amount appropriated in the performance of all functions vested in the Trade Representative and the Trade Administration to not exceed: (1) for the first fiscal year that begins after the effective date, 75 percent of the total amount appropriated in FY 1998; and (2) for the second fiscal year and each fiscal year thereafter, 65 percent of the total amount appropriated in FY 1998.

Title IV: Establishment of the Office of Patents, Trademarks, and Standards - Subtitle A: Establishment - Establishes the Office of Patents, Trademarks, and Standards in the executive branch as an independent establishment to be administered by a Director. Transfers to the Director of the Office of Patents, Trademarks, and Standards all functions of, and all functions performed under the direction of, certain Department officials. Transfers to the Office the Patent and Trademark Office and NIST.

Subtitle B: Administrative Provisions - Sets forth provisions related to the administrative functions of the Director.

Subtitle C: Conforming Amendments - Makes conforming amendments relating to the Office and the Commissioner of Patents and Trademarks.

Title V: Statistical Consolidation - Subtitle A: General Provisions - Expresses the sense of the Congress with respect to: (1) a more centralized statistical system and the role of the Chief Statistician of OMB; (2) confidentiality; and (3) decennial censuses of population.

Subtitle B: Establishment of the Federal Statistical Service - Establishes the Federal Statistical Service as an independent establishment in the executive branch. Sets forth provisions for principal officers, including: (1) an Administrator; (2) a Deputy Administrator; (3) a Director of the Census; (4) a Director of the Bureau of Economic Analysis; and (5) a Director of the Bureau of Labor Statistics.

(Sec. 513) Establishes a Federal Council on Statistical Policy to advise the Service, nominate the Administrator, serve as an advisory body to the Chief Statistician on certain confidentiality issues, and establish a unified statistical policy for the Federal Government. Mandates studies by the Council on: (1) whether the functions of the Bureau of the Census relating to decennial censuses of population could be delineated from the other functions of the Bureau; and (2) making the Bureau's field offices part of the field offices of the Bureau of Labor Statistics.

Subtitle C: Transfers of Functions and Offices - Transfers to the Service the Bureau of Labor Statistics of the Department of Labor, along with all of its functions and offices.

Subtitle D: Administrative Provisions - Sets forth provisions related to the administrative functions of the Administrator.

Subtitle E: Miscellaneous Provisions - Sets forth miscellaneous provisions with respect to functions or offices of the Service and makes conforming amendments relating to certain officials of the Service.

Title VI: Miscellaneous - Sets forth provisions pertaining to officers and employees to whom a function is transferred by this Act.