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104th Congress                                            Rept. 104-260
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     Part 1
_______________________________________________________________________


 
                 DEPARTMENT OF COMMERCE DISMANTLING ACT

                                _______


               September 21, 1995.--Ordered to be printed

_______________________________________________________________________


    Mr. Archer, from the Committee on Ways and Means, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 1756]

  The Committee on Ways and Means, to whom was referred the 
bill (H.R. 1756) to abolish the Department of Commerce, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

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.
Sec. 215. Reorganization of trade functions.
Sec. 216. Export promotion activities.

                  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 item:
          ``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.--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.
  (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 309 of the Defense Production Act of 1950 
        (50 U.S.C. App. 2099) are transferred to the Secretary of 
        Defense; and
          (2) 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) 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) 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).
  (b) 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.
  (c) Export Trading Companies.--
          (1) Functions.--(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.
          (2) Conforming amendments.--(A) The Export Trading Company 
        Act of 1982 (15 U.S.C. 4001-4003) is repealed.
          (B) 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''.
          (C) Section 311(7) of the Act of October 8, 1982 (15 U.S.C. 
        4021), is amended by striking ``Commerce'' and inserting 
        ``Treasury''.
  (d) 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 with respect to 
functions transferred to them under this section.
  (e) Gifts and Bequests.--
          (1) In general.--The Secretary of State and the Secretary of 
        the Treasury 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 or the Secretary 
        of the Treasury. 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 paragraph (1) 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 paragraph (1). 
        Income accruing from such securities, and from any other 
        property held by the Secretary of State or the Secretary of the 
        Treasury pursuant to paragraph (1), shall be deposited to the 
        credit of the fund, and shall be disbursed upon order of the 
        Secretary of State or the Secretary of the Treasury.

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 35, 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.

SEC. 215. REORGANIZATION OF TRADE FUNCTIONS.

  (a) Short Title.--This section may be cited as the ``Trade 
Reorganization Act of 1995''.
  (b) Termination of Authorizations of Appropriations.--
          (1) NAFTA secretariat.--Section 105(b) of the North American 
        Free Trade Agreement Implementation Act (19 U.S.C. 3315(b)) is 
        amended by striking ``each fiscal year after fiscal year 1993'' 
        and inserting ``each of fiscal years 1994 and 1995''.
          (2) Border environment cooperation commission.--Section 
        533(a)(2) of the North American Free Trade Agreement 
        Implementation Act (19 U.S.C. 3473(a)(2)) is amended by 
        striking ``and each fiscal year thereafter'' and inserting 
        ``fiscal year 1995''.
  (c) International Trade Functions.--
          (1) Tariff act of 1930; Uruguay Round Agreements Act.--
                  (A) Transfer of functions.--All functions of the 
                Secretary of Commerce under titles III and VII of the 
                Tariff Act of 1930 and sections 232 and 233 of the 
                Trade Expansion Act of 1962, and all functions of the 
                administering authority or the Secretary of Commerce 
                under the Uruguay Round Agreements Act, are transferred 
                to the Administrator of the United States Trade 
                Administration established in subsection (d).
                  (B) 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 
                ``Administrator of the United States Trade 
                Administration established in section 215(d) of the 
                Trade Reorganization Act of 1995''.
          (2) Functions related to textile agreements.--
                  (A) Functions of cita.--(i) Subject to clause (ii), 
                those functions delegated to the Committee for the 
                Implementation of Textile Agreements established under 
                Executive Order 11651 (7 U.S.C. 1854 note) (hereafter 
                in this paragraph referred to as ``CITA'') are 
                transferred to the United States Trade Representative.
                  (ii) Those functions delegated to CITA that relate to 
                the assessment of the impact of textile imports on 
                domestic industry are transferred to the International 
                Trade Commission.
                  (B) Abolition of cita.--CITA is abolished.
                  (C) Chief textile negotiator.--No officer of the 
                Office of the United States Trade Representative other 
                than the United States Trade Representative and the 
                Deputy United States Trade Representatives shall have 
                the rank of Ambassador.
          (3) 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'' and inserting 
        ``Administrator of the United States Trade Administration 
        established in section 215(d) of the Trade Reorganization Act 
        of 1995''.
          (4) International Economic Policy.--All functions of 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 of 
        this title are transferred to the Administrator of the United 
        States Trade Administration established in subsection (d).
          (5) Trade Adjustment Assistance.--Those functions of the 
        Secretary of Commerce or the Department of Commerce under 
        chapters 2, 3, 4, and 5 of the Trade Act of 1974 immediately 
        before the effective date of this title are transferred to the 
        Administrator of the United States Trade Administration 
        established in subsection (d).
  (d) United States Trade Administration.--
          (1) Establishment.--There is established the United States 
        Trade Administration which shall be an independent 
        establishment in the executive branch of Government as defined 
        under section 104 of title 5, United States Code.
          (2) Administrator.--The head of the Administration shall be 
        the Administrator of the United States Trade Administration, 
        who shall be appointed by the President, by and with the advice 
        and consent of the Senate. The Administrator shall receive 
        compensation at the rate of pay in effect for level I of the 
        Executive Schedule under section 5312 of title 5, United States 
        Code.
          (3) Assistant administrators.--There shall be in the 
        Administration 4 Assistant Administrators, who shall be 
        appointed by the President, by and with the advice and consent 
        of the Senate, as follows:
                  (A) The Assistant Administrator for Trade Analysis 
                and Policy.
                  (B) The Assistant Administrator for Import 
                Administration.
                  (C) The Assistant Administrator for Export Promotion.
                  (D) The Assistant Administrator for Export 
                Administration.
        Each Assistant Administrator shall receive compensation at the 
        rate of pay in effect for level III of the Executive Schedule 
        under section 5314 of title 5, United States Code.
  (e) Trade and Development Agency.--
          (1) Abolition of agency.--The Trade and Development Agency is 
        abolished.
          (2) Conforming amendment.--Section 661 of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2421) is repealed.
  (f) Watch Imports.--
          (1) Repeal of special tariff provisions.--Additional U.S. 
        Note 5 to chapter 91 of the Harmonized Tariff Schedule of the 
        United States is repealed.
          (2) Conforming amendment.--General Note 3(a)(iv)(A) of the 
        Harmonized Tariff Schedule of the United States is amended by 
        striking ``as provided in additional U.S. note 5 of chapter 91 
        and except''.
  (g) Limitation on expenditures.--Beginning in the first fiscal year 
that begins on or after the effective date of this title, the amount 
expended by the United States in performing all functions covered by 
this section and the amendments made by this section may not exceed 75 
percent of the total amount expended by the United States during fiscal 
year 1994 in performing all functions transferred or terminated under 
this section.

SEC. 216. EXPORT PROMOTION ACTIVITIES.

  (a) Findings.--The Congress makes the following findings:
          (1) Numerous attempts to better coordinate the export 
        promotion efforts of the United States Government have been 
        made and have been ongoing since 1950.
          (2) In 1992, the Trade Promotion Coordinating Committee was 
        created to, among other things, ``prevent unnecessary 
        duplication in Federal export promotion activities'' and to 
        ``identify areas of overlap and duplication among Federal 
        export promotion activities and propose means of eliminating 
        them''.
          (3) In its first annual report to the Congress, the Trade 
        Promotion Coordinating Committee made 65 recommendations, yet 
        none of the recommendations specifically proposed eliminating 
        any export promotion programs.
          (4) In its second annual report to the Congress, the Trade 
        Promotion Coordinating Committee identified 14 Federal agencies 
        involved in export promotion activities for a total cost of 
        $3,300,000,000.
          (5) The Library of Congress has identified over 150 separate 
        export promotion programs in at least 15 different Federal 
        agencies.
          (6) In 1993, the United States Information Agency's budget 
        for export promotion activities was nearly 3 times the entire 
        budget of the Office of the United States Trade Representative.
          (7) Efforts to date to consolidate United States export 
        promotion activities have not been sufficient.
  (b) Consolidation.--
          (1) Submission of plan.--Within 180 days after the date of 
        the enactment of this Act, the President shall transmit to the 
        Congress a comprehensive plan to consolidate Federal export 
        promotion activities. The plan shall provide for--
                  (A) the elimination of the overlap and duplication 
                among all Federal export promotion activities;
                  (B) a unified budget for Federal nonagricultural 
                export promotion activities which eliminates funding 
                for the areas of overlap and duplication identified 
                under subparagraph (A); and
                  (C) a long-term agenda for developing cooperation 
                between State and Federal programs and activities 
                designed to stimulate or assist United States 
                businesses in exporting goods or services that are 
                products of the United States, including sharing of 
                facilities, costs, and export market research data.
          (2) Plan elements.--The plan under paragraph (1) shall--
                  (A) place all Federal export promotion activities 
                under a single Government entity; and
                  (B) provide clear authority for the authority 
                described in paragraph (1) to use the expertise and 
                assistance of other United States Government agencies.
  (c) Definition.--As used in this section, the term ``Federal export 
promotion activities'' means all programs or activities of any 
department or agency of the Federal Government (including, but not 
limited to, departments and agencies with representatives on the Trade 
Promotion Coordinating Committee established under section 2312 of the 
Export Enhancement Act of 1988 (15 U.S.C. 4727)) that are designed to 
stimulate or assist United States businesses in exporting goods or 
services that are products of the United States, including trade 
missions and export financing functions.

                  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.

  Except as provided in section 215(g), 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.

                            I. Introduction

                        a. purposes and summary

    H.R. 1756, as amended by the Committee, dismantles the 
Commerce Department and reorganizes certain of its trade 
functions into the United States Trade Administration. The 
Administrator would be appointed by the President with Senate 
advice and consent but would not have Cabinet rank. The United 
States Trade Representative (USTR) would remain a separate, 
Cabinet-level agency coordinating trade policy among 
departments and agencies, with continued direct access to the 
President.

                 b. background and need for legislation

    On June 29, 1995, the House and Senate passed H. Con. Res. 
67, the ``Concurrent Resolution on the Budget for Fiscal 
1996,'' which called for the elimination of the Department of 
Commerce. On June 7, 1995, Congressman Dick Chrysler introduced 
H.R. 1756, legislation to abolish the Department of Commerce.
    The dismantling of the Commerce Department is part of the 
Congressional effort to streamline government, increase its 
efficiency, and save taxpayer dollars. In so doing, unnecessary 
or wasteful functions will be eliminated, and those remaining 
functions will be organized in the most efficient and effective 
manner possible.
    H.R. 1756, as amended by the Committee, retains a number of 
trade-related functions because these particular functions are 
aimed toward achieving gains for U.S. companies. The Committee 
recognizes that trade represents the most significant issue 
that will determine the standard of living of U.S. citizens in 
the future because trade strengthens the economy, creates good 
jobs, and reduces the deficit. Accordingly, the Committee 
strongly believes in preserving powerful tools to negotiate 
initiatives that open foreign markets, encourage growth in U.S. 
exports, and fight foreign unfair trade practices. This mission 
must be supported if U.S. companies are to remain competitive.

                         c. legislative history

    H.R. 1756 was introduced on June 7, 1995, by Congressman 
Dick Chrysler. The bill 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 an Oversight, the Judiciary, 
Science, and Resources.
    On September 13, 1995, the Committee on Ways and Means met 
to consider H.R. 1756. At that time, Chairman Archer offered an 
amendment in the nature of a substitute concerning those 
provisions of H.R. 1756 within the jurisdiction of the 
Committee. The amendment struck those portions of H.R. 1756 as 
introduced that are within the jurisdiction of the Committee 
and added section 25 to address those issues.
    The Committee also agreed to an amendment, by a division 
vote of 21 yeas and 14 nays, requiring the President to conduct 
a study on the consolidation of export promotion and export 
financing functions. The Committee then ordered the bill 
favorably reported, as amended, by a record vote of 22 to 14.

   II. Section-by-Section Summary of the Provisions Modified by the 
Committee on Ways and Means, Justification, and Comparison With Present 
                                  Law

                      section 215(a): short title

Explanation of provision

    The short title of Section 215 is the ``Trade 
Reorganization Act of 1995.''

    section 215(b): termination of authorizations of appropriations

Present law

    Sections 105 and 533 of the North American Free Trade 
Agreement Implementation Act (19 U.S.C. 3315 and 3473) 
authorize separate funds specifically for the United States 
section of the NAFTA Secretariat and U.S. participation in the 
Border Environment Cooperation Commission.

Explanation of provision

    Section 215(b) of H.R. 1756, as amended by the Committee, 
would permit U.S. participation in the Secretariat or 
Commission to continue. However, funding must come out of 
authorizations for other trade functions, and no additional 
funds would be authorized to be appropriated for U.S. 
participation.

Reason for change

    Removal of a specific line-item appropriation for 
participation in these bodies permits the Administration to 
determine how much funding it wishes to dedicate to these 
functions. In addition, eliminating the specific appropriation 
makes funding for U.S. participation in these bodies parallel 
with U.S. participation in NAFTA Commission for Labor 
Cooperation and the Commission for Environmental Cooperation, 
whose funding after FY 1995 will come out of the appropriations 
for other trade functions.

section 215(c)(1) and 215(d): transfer of international trade functions 
               to the united states trade administration

Present law

    Under current law, the Department of Commerce performs a 
number of trade-related functions. These functions are carried 
out primarily through four program areas of the International 
Trade Administration: Import Administration, International 
Economic Policy, Trade Development, and the United States and 
Foreign Commercial Service.

Explanation of provision

    Section 215(c)(1) and 215(d) would transfer all trade 
functions of the Department of Commerce within the jurisdiction 
of the Committee to a new international trade agency--the 
United States Trade Administration--except as specifically 
noted. This new agency would handle trade analysis and policy, 
import administration, export promotion, and export 
administration. The Administrator would be appointed by the 
President with Senate advice and consent but would not have 
Cabinet rank. The United States Trade Representative (USTR) 
would remain a separate, Cabinet-level agency coordinating 
trade policy among departments and agencies, with continued 
direct access to the President.

Reason for change

    H.R. 1756, as amended by the Committee, would eliminate a 
Cabinet-level department and streamline the trade-related 
functions of the Commerce Department into a new U.S. Trade 
Administration. The Committee has carefully examined the 
functions of the Commerce Department that are within the 
Committee's jurisdiction in an effort to determine whether they 
are productive and useful functions that are being carried out 
most efficiently. To the extent that the functions are critical 
and represent money well-spent, the Committee has sought to 
retain them. Functions that are not productive, however, would 
be terminated.
    In carrying out this streamlining effort, the Committee 
recognizes that it is essential to the U.S. economy to have 
strong trade resources in order to open foreign markets, 
encourage growth in U.S. exports, and fight foreign unfair 
trade practices. The Committee believes that H.R. 1756, as 
amended, preserves those functions.
    H.R. 1756, as amended, permits USTR to remain a highly 
effective, separate, and focused organization within the Office 
of the President. It would retain the role of coordinating 
trade policy among departments and agencies. The Committee 
considers that USTR has been a highly effective agency as a 
small organization with the task of coordinating and developing 
trade policy and of negotiating with U.S. trading partners. In 
addition, USTR's functions as negotiator and lead developer of 
U.S. trade policy should remain separate from the functions of 
administering and implementing separate functions through the 
regulatory process. The Committee believes that creating a 
``super-USTR,'' either through merging the Committee functions 
into USTR or by creating a new agency with those trade 
functions and with USTR at its head, would undermine both its 
ability to do its job and the effectiveness of U.S. trade 
policy.
    Moreover, the Committee believes that the Administrator of 
the new agency should not have Cabinet rank, at least at this 
point in time. Congress is in the process of simplifying and 
streamlining government. The Committee does not want to 
dismantle a department and then merely set up a new one with 
just the Commerce trade functions. Accordingly, the Committee 
intends in the future to examine the trade functions currently 
performed by all agencies--not just the Commerce Department. 
Because there are a number of other agencies that conduct trade 
policy, and there is considerable duplication of effort and 
funding, the Committee believes it appropriate to determine 
whether it is feasible to unify these functions under one 
department at some later point in time. Once a ``super trade 
agency'' is created that includes all of these other functions, 
the issue of Cabinet status may be revisited in light of the 
agency's new stature. However, without putting all trade 
functions throughout the government in one place, the Committee 
believes it is premature for the new Administration to have 
Cabinet status.
    H.R. 1756, as amended by the Committee, maintains the 
current industry advisory committee process. However, the 
Committee believes that the advisory committee structure should 
be reorganized and streamlined to be more effective. 
Accordingly, the Committee requests that the U.S. Trade 
Representative and the Department of Commerce evaluate the 
advisory committee structure by April 1, 1996 and recommend to 
the Committee ways to streamline that structure, including 
reducing the number of committees.

       section 215(c)(2): functions related to textile agreements

Present law

    The Committee for the Implementation of Textile Agreements 
(7 U.S.C. 1854 note) is the interagency group responsible for 
administering the U.S. quota program and implementation of the 
Agreement on Textiles and Clothing concluded in the Uruguay 
Round negotiations. One of its primary functions is to monitor 
imports and determine when calls for consultation on adverse 
impact to the domestic industry should be made. CITA is chaired 
by the Commerce Department.

Explantion of provision

    Section 215(c)(2) of H.R. 1756, as amended by the 
Committee, would abolish the Committee for the Implementation 
of Textile Agreements (CITA). Certain functions delegated to 
CITA under Executive Order 11651 would be transferred to USTR, 
such as supervising the implementation of textile agreements, 
taking or recommending action to implement such agreements, and 
taking action concerning Presidential negotiation of agreements 
limiting textile imports and regulations to implement such 
agreements. Those functions relating to assessing the impact of 
textile imports on the domestic industry would be transferred 
to the International Trade Commission. Finally, only the United 
States Trade Representative and the deputy U.S. Trade 
Representatives would be permitted to have the rank of 
Ambassador.

Reason for change

    The Committee has some concern that CITA has conducted its 
functions with an unusual and inappropriate degree of autonomy 
and lack of transparency. Because the Sunshine Act does not 
apply to this agency, its meetings are not open to the public. 
In addition, CITA has no structure or standards for determining 
whether imports have an adverse effect on the U.S. industry, 
and the Committee is concerned that decisions are predisposed 
toward U.S. textile producers and do not appear to take into 
account the needs of U.S. consumers or retailers.
    Accordingly, the provision retains a number of CITA's 
functions but would transfer them to other agencies, where they 
can be carried out more openly and with greater accountability. 
CITA functions relating to implementation of textile agreements 
would be transferred to USTR, which, as the lead U.S. 
negotiator, is the appropriate agency to handle these matters. 
In addition, these functions are more readily addressed by USTR 
as part of its monitoring of the phase-out of the textile 
program under the Uruguay Round. Functions relating to 
assessing the impact of textile imports on the domestic 
industry are transferred to the International Trade Commission 
because it is the body that typically examines the impact of 
imports on U.S. industries in a variety of statutory contexts.
    The Committee believes that the proliferation of positions 
with Ambassador rank is unnecessary, and the number of such 
positions should be limited to the highest levels of USTR.

              section 215(c)(3): foreign trade zones board

Present law

    19 U.S.C. 81a(b) establishes the Foreign Trade Zones Board, 
chaired by the Department of Commerce and also consisting of 
the Departments of the Treasury and the Army. The Board is 
authorized to permit corporations to establish, operate and 
maintain foreign trade zones (FTZs). FTZs are areas not 
considered to be within U.S. customs territory although they 
are physically located in the United States. Foreign goods may 
enter foreign trade zones and undergo further processing 
without being subject to duty unless they formally enter U.S. 
customs territory. The U.S. Customs Service supervises and 
enforces the operation of FTZs.

Explanation of provision

    Section 215(c)(3) of H.R. 1756, as amended by the 
Committee, would transfer the chairmanship of the Foreign Trade 
Zones Board to the new Administrator. Customs would continue to 
supervise and enforce the operation of FTZs.

Reason for change

    The Committee believes that it is important to maintain the 
economic and industry support functions of the Commerce 
Department within the same entity as the chairmanship of the 
FTZ Board. The Board relies heavily on these functions in its 
review and approval of applications and in monitoring ongoing 
zone activities for their impact on trade and the U.S. economy.

            section 215(c)(4): international economic policy

Present law

    The Assistant Secretary of Commerce for International 
Economic Policy and the Office of International Economic Policy 
assist in formulating U.S. bilateral and multilateral trade 
policies, monitor implementation of trade agreements, and 
provide counseling and assistance to U.S. businesses.

Explanation of provision

    Section 215(c)(4) would transfer these functions to the new 
Administrator.

Reason for change

    The Committee believes that because these functions relate 
to formulation and implementation of U.S. trade policy as well 
as providing assistance to businesses, these functions are 
integral to a well-developed trade policy. According, these 
functions should be consolidated with other trade-related 
functions within the new Administration.

             section 215(c)(5): trade adjustment assistance

Present law

    The Economic Development Administration within the 
Department of Commerce is currently charged, on behalf of the 
Secretary, with administering the Trade Adjustment Assistance 
program for firms, under sections 251 through 264 of the Trade 
Act of 1974, as amended.

Explanation of provision

    Section 215(c)(5) would transfer functions concerning the 
Trade Adjustment Assistance program previously performed by the 
Commerce Department to the new Administration.

Reason for change

    The Committee believes that those functions currently 
carried out by the Department of Commerce with respect to the 
Trade Adjustment Assistance program would be appropriately 
carried out by the successor to the Department of Commerce.

              section 215(e): trade and development agency

Present law

    The Trade and Development Agency (TDA) was established in 
1988 to promote U.S. private sector participation in 
development projects in developing and middle-income countries. 
The TDA provides grant assistance to U.S. firms to prepare 
preliminary engineering and design of such bilateral and 
multilateral development projects.

Explanation of provision

    Section 215(e) would abolish as duplicative the Trade and 
Development Agency established under section 661 of the Foreign 
Assistance Act of 1961.

Reason for change

    The Committee believes that it is appropriate to eliminate 
these functions because they are duplicative and are already 
performed by other agencies, including the Department of 
Commerce.

                     section 215(f): watch imports

Present law

    Additional U.S. Note 5 to chapter 91 of the Harmonized 
Tariff Schedule (HTS) of the United States provides that watch 
movements and watches produced or manufactured in a U.S. 
insular possession and which contain any foreign component may 
be admitted duty free, without regard to the value of the 
foreign component, up to a certain level.

Explanation of provision

    Section 215(f) would repeal the special treatment for 
watches in Additional U.S. Note 5 to chapter 91 of the HTS.

Reason for change

    The Committee believes that it is no longer necessary to 
continue special treatment for watches assembled in U.S. 
insular possessions. Customs duties should be assessed against 
these products regardless of where they are manufactured 
abroad. Accordingly, there is no need for Commerce Department 
personnel to administer the program.

               section 215(g): limitation on expenditures

Explanation of provision

    Section 215(g) provides that the amount expended each year 
for performance of the trade functions covered by these 
provisions may not exceed 75 percent of the total amount 
expended for performance of those functions during fiscal year 
1994. H.R. 1756, as introduced, would limit the amount expended 
for each function to 75 percent of the amount expended for 
performance of that function during fiscal year 1994.

Reason for change

    The Committee intends that the total budget for trade 
functions included within section 215 be cut by 25 percent; the 
Committee does not wish to require that the budget for each 
function be cut by 25 percent. In this way, the Administration 
may exercise its discretion and expertise to determine where to 
make budget cuts instead of being forced to implement a rigid 
and automatic cut on each function.

                section 216: export promotion activities

Present law

    Trade promotion functions are currently handled by at least 
14 different Federal agencies. The degree of promotion 
activities, the nature of the bureaucracy to support them, and 
the communication with the U.S. Trade Representative and other 
portions of the trade policy structure vary from program to 
program.

Explanation of provision

    Section 216 requires the President to submit a 
comprehensive plan to Congress to consolidate Federal export 
promotion activities, including export financing functions, 
within 180 days after enactment. Specifically, the 
consolidation plan should examine trade promotion spending 
across all Federal agencies for the purpose of eliminating 
duplicative efforts and increasing efficiency and effectiveness 
by placing all such Federal activities under a single 
government entity.

Reason for provision

    Because of the large number of export promotion and export 
financing functions conducted by many different agencies, the 
Committee believes that it is necessary to examine whether any 
of these programs may be consolidated. The Committee believes 
that the number of programs can be streamlined to improve 
efficiency and effectiveness while downsizing and eliminating 
duplication. This provision provides the Administration with 
time to consider all of these programs and to recommend how 
they should be integrated into the new Trade Administration.

            III. Vote of the Committee in Reporting the Bill

    In compliance with clause 2(l)(2)(B) of rule XI of the 
Rules of the House of Representatives, the following statements 
are made relative to the votes of the Committee in its 
consideration of the bill, H.R. 1756.

                       motion to report the bill

    The bill, H.R. 1756, as amended, was ordered favorably 
reported by recorded vote (22 yeas to 14 nays) on September 13, 
1995, with a quorum present. The roll call was as follows:
        YEAS                          NAYS
Mr. Archer                          Mr. Gibbons
Mr. Crane                           Mr. Rangel
Mr. Thomas                          Mr. Stark
Mr. Shaw                            Mr. Jacobs
Mrs. Johnson                        Mr. Ford
Mr. Bunning                         Mr. Matsui
Mr. Houghton                        Mrs. Kennelly
Mr. Herger                          Mr. Coyne
Mr. McCrery                         Mr. Levin
Mr. Hancock                         Mr. McDermott
Mr. Camp                            Mr. Kleczka
Mr. Ramstad                         Mr. Lewis
Mr. Zimmer                          Mr. Payne
Mr. Nussle                          Mr. Neal
Mr. Johnson
Ms. Dunn
Mr. Collins
Mr. Portman
Mr. Laughlin
Mr. English
Mr. Ensign
Mr. Christensen

IV. Budgetary Authority and Cost Estimates, Including Estimates of the 
                      Congressional Budget Office

               A. Committee estimate of budgetary effect

    Pursuant to clause 2(l)(3)(C) of rule XI of the Rules of 
the House of Representatives, the Committee states that a cost 
estimate was not furnished by the Congressional Budget Office 
on H.R. 1756, as amended, in time for filing this report.

    B. statement regarding new budget authority and tax expenditures

    In compliance with clause 2(l)(3)(B) of rule XI of the 
Rules of the House of Representatives, the Committee states 
that the bill does not provide new budget, spending, or credit 
authority. The bill may result in an increase in tariff 
revenues but would have no effect on tax revenues.

      C. cost estimate prepared by the congressional budget office

    A cost estimate was not furnished by the Congressional 
Budget Office on H.R. 1765, as amended, in time for filing this 
report.

 V. Other Matters Required to be Discussed Under the Rules of the House

          A. Committee oversight findings and recommendations

    With respect to subdivision (A) of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives (relating to 
oversight findings), the Committee advises that it was as a 
result of the Committee's oversight activities concerning 
customs and tariff matters, import trade matters, and specific 
trade-related issues that the Committee concluded that it was 
appropriate to enact the provisions contained in the bill.

    B. summary of findings and recommendations of the committee on 
                    government reform and oversight

    With respect to subdivision (D) of clause 2(l)(4) of rule 
XI of the Rules of the House of Representatives (relating to 
oversight findings), the Committee advises that no oversight 
findings or recommendations have been submitted to this 
Committee by the Committee on Government Reform and Oversight 
with respect to the provisions contained in this bill.

                    c. inflationary impact statement

    In compliance with clause 2(l)(4) of rule XI of the Rules 
of the House of Representatives, the Committee states that the 
provisions of the bill are not expected to have an overall 
inflationary impact on prices and costs in the operation of the 
national economy.

       VI. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

               SECTION 19 OF TITLE 3, UNITED STATES CODE

          * * * * * * *

Sec. 19. Vacancy in offices of both President and Vice President; 
                    officers eligible to act

  (a) * * *
          * * * * * * *
  (d)(1) If, by reason of death, resignation, removal from 
office, inability, or failure to qualify, there is no President 
pro tempore to act as President under subsection (b) of this 
section, then the officer of the United States who is highest 
on the following list, and who is not under disability to 
discharge the powers and duties of the office of President 
shall act as President: Secretary of State, Secretary of the 
Treasury, Secretary of Defense, Attorney General, Secretary of 
the Interior, Secretary of Agriculture, [Secretary of 
Commerce,] Secretary of Labor, Secretary of Health and Human 
Services, Secretary of Housing and Urban Development, Secretary 
of Transportation, Secretary of Energy, Secretary of Education, 
Secretary of Veterans Affairs.
          * * * * * * *
                              ----------                              


                      TITLE 5, UNITED STATES CODE

          * * * * * * *

                     PART I--THE AGENCIES GENERALLY

                        CHAPTER 1--ORGANIZATION

Sec. 101. Executive departments

  The Executive departments are:
          The Department of State.
          * * * * * * *
          [The Department of Commerce.]
          * * * * * * *

                          PART III--EMPLOYEES

          * * * * * * *

                     Subpart D--Pay and Allowances

          * * * * * * *

                   CHAPTER 53--PAY RATES AND SYSTEMS

          * * * * * * *

              SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES

          * * * * * * *

Sec. 5312. Positions at level I

  Level I of the Executive Schedule applies to the following 
positions for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
          Secretary of State.
          * * * * * * *
          [Secretary of Commerce.]
          * * * * * * *

Sec. 5314. Positions at level III

  Level III of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
          Solicitor General of the United States.
          [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.]
          * * * * * * *
          [Under Secretary of Commerce for Oceans and 
        Atmosphere, the incumbent of which also serves as 
        Administrator of the National Oceanic and Atmospheric 
        Administration.]
          * * * * * * *
          [Under Secretary of Commerce for Technology.]
          * * * * * * *

Sec. 5315. Positions at level IV

  Level IV of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
          Deputy Administrator of General Services.
          * * * * * * *
          [Assistant Secretaries of Commerce (11).]
          * * * * * * *
          [General Counsel of the Department of Commerce.]
          * * * * * * *
          [Associate Secretary of Commerce for Oceans and 
        Atmosphere, the incumbent of which also serves as 
        Deputy Administrator of the National Oceanic and 
        Atmospheric Administration.]
          * * * * * * *
          [Director, National Institute of Standards and 
        Technology, Department of Commerce.]
          * * * * * * *
          [Assistant Secretary of Commerce and Director General 
        of the United States and Foreign Commercial Service.]
          Director General of the United States Foreign 
        Commercial Service.
          [Inspector General, Department of Commerce.]
          * * * * * * *
          [Chief Financial Officer, Department of Commerce.]
          * * * * * * *
          [Director, Bureau of the Census, Department of 
        Commerce.]
          Director of the Census, Department of the Treasury.
          * * * * * * *

Sec. 5316. Positions at level V

  Level V of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
          Administrator, Bonneville Power Administration, 
        Department of the Interior.
          * * * * * * *
          [Commissioner of Patents, Department of Commerce.]
          Commissioner of Patents and Trademarks.
          * * * * * * *
          [Director, United States Travel Service, Department 
        of Commerce.]
          * * * * * * *
          Administrator, Wage and Hour and Public Contracts 
        Division, Department of Labor.
          Assistant Director (Program Planning, Analysis and 
        Research), Office of Economic Opportunity.
          Associate Director (Policy and Plans), United States 
        Information Agency.
  
          Deputy Director, National Security Agency.
          Director, Bureau of Land Management, Department of 
        the Interior.
          Director, National Park Service, Department of the 
        Interior.
          * * * * * * *
          [National Export Expansion Coordinator, Department of 
        Commerce.]
          * * * * * * *
                              ----------                              


                     INSPECTOR GENERAL ACT OF 1978

          * * * * * * *

                         transfer of functions

  Sec. 9. (a) There shall be transferred--
          (1) to the Office of Inspector General--
                  (A) of the Department of Agriculture, the 
                offices of that department referred to as the 
                ``Office of Investigation'' and the ``Office of 
                Audit'';
                  [(B) of the Department of Commerce, the 
                offices of that department referred to as the 
                ``Office of Audits'' and the ``Investigations 
                and Inspections Staff'' and that portion of the 
                office referred to as the ``Office of 
                Investigations and Security'' which has 
                responsibility for investigation of alleged 
                criminal violations and program abuse;]
          * * * * * * *

                              definitions

  Sec. 11. As used in this Act--
          (1) the term ``head of the establishment'' means the 
        Secretary of Agriculture, [Commerce,] Defense, 
        Education, Energy, Health and Human Services, Housing 
        and Urban Development, the Interior, Labor, State, 
        Transportation, or the Treasury; the Attorney General; 
        the Administrator of the Agency for International 
        Development, Environmental Protection, General 
        Services, National Aeronautics and Space, or Small 
        Business, or Veterans' Affairs; the Director of the 
        Federal Emergency Management Agency, the Office of 
        Personnel Management or the United States Information 
        Agency; the Chairman of the Nuclear Regulatory 
        Commission or the Railroad Retirement Board; the 
        Chairperson of the Thrift Depositor Protection 
        Oversight Board; the Chief Executive Officer of the 
        Corporation for National and Community Service; the 
        Administrator of the Community Development Financial 
        Institutions Fund; and the chief officer of the 
        Resolution Trust Corporation; or the Commissioner of 
        Social Security, Social Security Administration; as the 
        case may be;
          (2) the term ``establishment'' means the Department 
        of Agriculture, [Commerce,] Defense, Education, Energy, 
        Health and Human Services, Housing and Urban 
        Development, the Interior, Justice, Labor, State, 
        Transportation, or the Treasury; the Agency for 
        International Development, the Community Development 
        Financial Institutions Fund, the Environmental 
        Protection Agency, the Federal Emergency Management 
        Agency, the General Services Administration, the 
        National Aeronautics and Space Administration, the 
        Nuclear Regulatory Commission, the Office of Personnel 
        Management, the Railroad Retirement Board, the 
        Resolution Trust Corporation, the Federal Deposit 
        Insurance Corporation, the Small Business 
        Administration, the United States Information Agency, 
        the Corporation for National and Community Service, or 
        the Veterans' Administration, or the Social Security 
        Administration; as the case may be;
          * * * * * * *

           PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT OF 1965

[AN ACT To provide grants for public works and development facilities, 
other financial assistance and the planning and coordination needed to 
  alleviate conditions of substantial and persistent unemployment and 
      underemployment in economically distressed areas and regions

  [Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled. That this 
Act may be cited as the ``Public Works and Economic Development 
Act of 1965''.

                         [statement of purpose

  [Sec. 2. The Congress declares that the maintenance of the 
national economy at a high level is vital to the best interests 
of the United States, but that some of our regions, counties, 
and communities are suffering substantial and persistent 
unemployment cause hardship to many individuals and their 
families, and waste invaluable human resources; that to 
overcome this problem the Federal Government, in cooperation 
with the States, should help areas and regions of substantial 
and persistent unemployment and underemployment to take 
effective steps in planning and financing their public works 
and economic development; that Federal financial assistance, 
including grants for public works and development facilities to 
communities, industries, enterprises, and individuals in areas 
needing development should enable such areas to help themselves 
achieve lasting improvement and enhance the domestic prosperity 
by the establishment of stable and diversified local economies 
and improved local conditions, provided that such assistance is 
preceded by and consistent with sound, long-range economic 
planning; and that under the provisions of this Act new 
employment opportunities should be created by developing and 
expanding new and existing public works and other facilities 
and resources rather than by merely transferring jobs from one 
area of the United States to another. Congress further declares 
that, in furtherance of maintaining the national economy at a 
high level, the assistance authorized by this Act should be 
made available to both rural and urban areas; that such 
assistance be available for planning for economic development 
prior to the actual occurrences of economic distress in order 
to avoid such condition; and that such assistance be used for 
long-term economic rehabilitation in areas where long-term 
economic deterioration has occurred or is taking place.

      [TITLE I--GRANTS FOR PUBLIC WORKS AND DEVELOPMENT FACILITIES

  [Sec. 101. (a) Upon the application of any State, or 
political subdivision thereof, Indian tribe, or private or 
public nonprofit organization or association representing any 
redevelopment area or part thereof, the Secretary of Commerce 
(hereinafter referred to as the Secretary) is authorized--
          [(1) to make direct grants for the acquisition or 
        development of land and improvements for public works, 
        public service, or development facility usage, and the 
        acquisition, construction, rehabilitation, alteration, 
        expansion, or improvement of such facilities, including 
        related machinery and equipment, within a redevelopment 
        area, if he finds that--
                  [(A) the project for which financial 
                assistance is sought will directly or 
                indirectly (i) tend to improve the 
                opportunities, in the area where such project 
                is or will be located, for the successful 
                establishment or expansion of industrial or 
                commercial plants or facilities, (ii) otherwise 
                assist in the creation of additional long-term 
                employment opportunities for such area, or 
                (iii) primarily benefit the long-term 
                unemployed and members of low-income families 
                or otherwise substantially further the 
                objectives of the Economic Opportunity Act of 
                1964;
                  [(B) the project for which a grant is 
                requested will fulfill a pressing need of the 
                area, or part thereof, in which it is, or will 
                be, located;
                  [(C) the area for which a project is to be 
                undertaken has an approved overall economic 
                development program as provided in section 
                202(b)(10) and such project is consistent with 
                such program; and
                  [(D) in the case of a redevelopment area so 
                designated under section 401(a)(6), the project 
                to be undertaken will provide immediate useful 
                work to unemployed and underemployed persons in 
                that area.
          [(2) to make supplementary grants in order to enable 
        the States and other entities within redevelopment 
        areas to take maximum advantage of designated Federal 
        grant-in-aid programs (as hereinafter defined), direct 
        grants-in-aid authorized under this section, and 
        Federal grant-in-aid programs authorized by the 
        Watershed Protection and Flood Prevention Act (68 Stat. 
        666, as amended), and the eleven watersheds authorized 
        by the Flood Control Act of December 22, 1944, as 
        amended and supplemented (58 Stat. 887), for which they 
        are eligible but for which, because of their economic 
        situation, they cannot supply the required matching 
        share.
  [(b) Subject to subsection (c) hereof, the amount of any 
direct grant under this section for any project shall not 
exceed 50 per centum of the cost of such project.
  [(c) The amount of any supplementary grant under this section 
for any project shall not exceed the applicable percentage 
established by regulations promulgated by the Secretary, but in 
no event shall the non-Federal share of the aggregate cost of 
any such project (including assumptions of debt) be less than 
20 per centum of such cost, except that in the case of a grant 
to an Indian tribe, the Secretary may reduce the non-Federal 
share below such per centum or may waive the non-Federal share.
  [In the case of any State or political subdivision thereof 
which the Secretary determines has exhausted its effective 
taxing and borrowing capacity, the Secretary shall reduce the 
non-Federal share below such per centum or shall waive the non-
Federal share in the case of such a grant for a project in a 
redevelopment area designated as such under section 401(a)(6) 
of this Act.
  [In case of any community development corporation which the 
Secretary determines has exhausted its effective borrowing 
capacity, the Secretary may reduce the non-Federal share below 
such per centum or waive the non-Federal share in the case of 
such a grant for a project in a redevelopment area designated 
as such under section 401(a)(6) of this Act.
  [Supplementary grants shall be made by the Secretary, in 
accordance with such regulations as he shall prescribe, by 
increasing the amounts of direct grants authorized under this 
section or by the payment of funds appropriated under this Act 
to the heads of the departments, agencies, and 
instrumentalities of the Federal Government responsible for the 
administration of the applicable Federal programs.
  [Notwithstanding any requirement as to the amount or sources 
of non-Federal funds that may otherwise be applicable to the 
Federal program involved, funds provided under this subsection 
shall be used for the sole purpose of increasing the Federal 
contribution to specific projects in redevelopment areas under 
such programs above the fixed maximum portion of the cost of 
such project otherwise authorized by the applicable law.
  [The term ``designated Federal grant-in-aid programs,'' as 
used in this subsection, means such existing or future Federal 
grant-in-aid programs assisting in the construction or 
equipping of facilities as the Secretary may, in furtherance of 
the purposes of this Act, designate as eligible for allocation 
of funds under this section.
  [In determining the amount of any supplementary grant 
available to any project under this section, the Secretary 
shall take into consideration the relative needs of the area, 
the nature of the projects to be assisted, and the amount of 
such fair user charges or other revenues as the project may 
reasonably be expected to generate in excess of those which 
would amortize the local share of initial costs and provide for 
its successful operation and maintenance (including 
depreciation).
  [(d) The Secretary shall prescribe rules, regulations, and 
procedures to carry out this section which will assure that 
adequate consideration is given to the relative needs of 
eligible areas. In prescribing such rules, regulations, and 
procedures the Secretary shall consider among other relevant 
factors (1) the severity of the rates of unemployment in the 
eligible areas and the duration of such unemployment and (2) 
the income levels of families and the extent of underemployment 
in eligible areas.
  [(f) The Secretary shall prescribe regulations which will 
assure that appropriate local governmental authorities have 
been given a reasonable opportunity to review and comment upon 
proposed projects under this section.
  [Sec. 102. For each of the fiscal years ending June 30, 1975, 
June 30, 1976, September 30, 1977, September 30, 1978, 
September 30, 1979, September 30, 1980, September 30, 1981, and 
September 30, 1982, not to exceed $30,000,000 of the funds 
authorized to be appropriated under section 105 of this Act for 
each such fiscal year, and for the period beginning July 1, 
1976, and ending September 30, 1976, not to exceed $7,500,000 
of the funds authorized to be appropriated under such section 
105 for such period, shall be available for grants for 
operation of any health project funded under this title after 
the date of enactment of this section. Such grants may be made 
up to 100 per centum of the estimated cost of the first year of 
operation, and up to 100 per centum of the deficit in funds 
available for operation of the facility during the second 
fiscal year of operation. No grant shall be made for the second 
fiscal year of operation of any facility unless the agency 
operating such facility has adopted a plan satisfactory to the 
Secretary of Health, Education, and Welfare, providing for the 
funding of operations on a permanent basis. Any grant under 
this section shall be made upon the condition that the 
operation of the facility will be conducted under efficient 
management practices designed to obviate operating deficits, as 
determined by the Secretary of Health, Education, and Welfare.
  [Sec. 103. Not more than 15 per centum of the appropriations 
made pursuant to this title may be expended in any one State.
  [Sec. 105. There is hereby authorized to be appropriated to 
carry out this title not to exceed $500,000,000 for the fiscal 
year ending June 30, 1966, and for each fiscal year thereafter 
through fiscal year ending June 30, 1971, not to exceed 
$800,000,000 per fiscal year for the fiscal years ending June 
30, 1972, and June 30, 1973, not to exceed $200,000,000 for the 
fiscal year ending June 30, 1974, and not to exceed 
$200,000,000 for the fiscal year ending June 30, 1975, and not 
to exceed $250,000,000 for the fiscal year ending June 30, 
1976, not to exceed $62,500,000 for the period beginning July 
1, 1976, and ending September 30, 1976, and not to exceed 
$425,000,000 per fiscal year for the fiscal years ending 
September 30, 1977, September 30, 1978, September 30, 1979, 
September 30, 1980, and September 30, 1981, and not to exceed 
$150,000,000 for the fiscal year ending September 30, 1982. Any 
amounts authorized for the fiscal year ending June 30, 1972, 
under this section but not appropriated may be appropriated for 
the fiscal year ending June 30, 1973. Not less than 25 per 
centum nor more than 35 per centum of all appropriations made 
for the fiscal years ending June 30, 1972, June 30, 1973, and 
June 30, 1974, and not less than 15 per centum nor more than 35 
per centum of all appropriations made for the fiscal years 
ending June 30, 1975 and June 30, 1976, the period beginning 
July 1, 1976, and ending September 30, 1976, and the fiscal 
years ending September 30, 1977, September 30, 1978, September 
30, 1979, September 30, 1980, September 30, 1981, and September 
30, 1982, under authority of the preceding sentences shall be 
expended in redevelopment areas designated as such under 
section 401(a)(6) of this Act.

               [financial assistance for sewer facilities

  [Sec. 106. No financial assistance, through grants, loans, 
guarantees, or otherwise, shall be made under this Act to be 
used directly or indirectly for sewer or other waste disposal 
facilities unless the Secretary of Health, Education, and 
Welfare certifies to the Secretary that any waste material 
carried by such facilities will be adequately treated before it 
is discharged into any Public waterway so as to meet applicable 
Federal, State, interstate, or local water quality standards.

                      [construction cost increases

  [Sec. 107. In any case where a grant (including a 
supplemental grant) has been made under this title for a 
project and after such grant has been made but before 
completion of the project, the cost of such project based upon 
the designs and specifications which were the basis of the 
grant has been increased because of increases in costs, the 
amount of such grant may be increased by an amount equal to the 
percentage increase, as determined by the Secretary, in such 
costs, but in no event shall the percentage of the Federal 
share of such project exceed that originally provided for in 
such grant.

                 [TITLE II--OTHER FINANCIAL ASSISTANCE

              [public works and development facility loans

  [Sec. 201. (a) Upon the application of any State, or 
political subdivision thereof, Indian tribe, or private or 
public nonprofit organization or association representing any 
redevelopment area or part thereof, the Secretary is authorized 
to purchase evidence of indebtedness and to make loans to 
assist in financing the purchase or development of land and 
improvements for public works, public service, or development 
facility usage, including public works, public service, or 
development facility usage, to be provided by agencies of the 
Federal Government pursuant to legislation requiring that non-
Federal entities bear some part of the cost thereof, and the 
acquisition, construction, rehabilitation, alteration, 
expansion, or improvement of such facilities, including related 
machinery and equipment, within a redevelopment area, if he 
finds that--
          [(1) the project for which financial assistance 
        sought will directly or indirectly--
                  [(A) tend to improve the opportunities, in 
                the area where such project is or will be 
                located, for the successful establishment or 
                expansion of industrial or commercial plants or 
                facilities,
                  [(B) otherwise assist in the creation of 
                additional long-term employment opportunities 
                for such area, or
                  [(C) primarily benefit the long-term 
                unemployed and members of low-income families 
                or otherwise substantially further the 
                objectives of the Economic Opportunity Act of 
                1964;
          [(2) the funds requested for such project are not 
        otherwise available from private lenders or from other 
        Federal agencies on terms which in the opinion of the 
        Secretary will permit the accomplishment of the 
        project;
          [(3) the amount of the loan plus the amount of other 
        available funds for such project are adequate to insure 
        the completion thereof;
          [(4) there is a reasonable expectation of repayment; 
        and
          [(5) such area has an approved overall economic 
        development program as provided in section 202(b)(10) 
        and the project for which financial assistance is 
        sought is consistent with such program.
  [(b) Subject to section 710(5), no loan, including renewals 
or extensions thereof, shall be made under this section for a 
period exceeding forty years, and no evidence of indebtedness 
maturing more than forty years from the date of purchase shall 
be purchased under this section. Such loans shall bear interest 
at a rate not less than a rate determined by the Secretary of 
the Treasury taking into consideration the current average 
market yield on outstanding marketable obligations of the 
United States with remaining periods to maturity comparable to 
the average maturities of such loans, adjusted to the nearest 
one-eighth of 1 per centum, less not to exceed one-half of 1 
per centum per annum.
  [(c) There are hereby authorized to be appropriated such sums 
as may be necessary to carry out the provisions of this section 
and section 202, except that annual appropriations for the 
purposes of purchasing evidence of indebtedness, paying 
interest supplement to or on behalf of private entities making 
and participating in loans, and guaranteeing loans, shall not 
exceed $170,000,000 for the fiscal year ending June 30, 1966, 
and for each fiscal year thereafter through the fiscal year 
ending June 30, 1973, and shall not exceed $55,000,000 for the 
fiscal year ending June 30, 1974, and shall not exceed 
$75,000,000 for the fiscal years ending June 30, 1975, and June 
30, 1976, and shalll not exceed $18,750,000 for the period 
beginning July 1, 1976, and ending September 30, 1976, and 
shall not exceed $200,000,000 per fiscal year for the fiscal 
years ending September 30, 1977, September 30, 1978, September 
30, 1979, September 30, 1980, and September 30, 1981, and not 
to exceed $46,500,000 for the fiscal year ending September 30, 
1982.
  [(e) The Secretary shall prescribe regulations which will 
assure that appropriate local governmental authorities have 
been given a reasonable opportunity to review and comment upon 
proposed projects under this section.

                         [loans and guarantees

  [Sec. 202. (a)(1) The Secretary is authorized to aid in 
financing, within a redevelopment area, the purchase or 
development of land and facilities (including machinery and 
equipment) for industrial or commercial usage, including the 
construction of new buildings, the rehabilitation of abandoned 
or unoccupied buildings, and the alteration, conversion, or 
enlargement of existing buildings by (A) purchasing evidences 
of indebtedness, (B) making loans (which for purposes of this 
section shall include participation in loans). (C) guaranteeing 
loans made to private borrowers by private lending 
institutions, for any of the purposes referred to in this 
paragraph upon application of such institution and upon such 
terms and conditions as the Secretary may prescribe, except 
that no such guarantee shall at any time exceed 90 per centum 
of the amount of the outstanding unpaid balance of such loan.
  [(2) In addition to any other financial assistance under this 
title, the Secretary is authorized, in the case of any loan 
guarantee under authority of paragraph (1) of this section, to 
pay to or on behalf of the private borrower an amount 
sufficient to reduce up to 4 percentage points the interest 
paid by such borrower on such guaranteed loans. No payment 
under this paragraph shall result in the interest rate being 
paid by a borrower on such a guaranteed loan being less than 
the rate of interest for such a loan if it were made under 
section 201 of this Act. Payment made to or on behalf of such 
borrower shall be made no less often than annually.
  [(3) The Secretary is authorized to aid in financing any 
industrial or commercial activity within a redevelopment area 
by (A) making working capital loans, (B) guaranteeing working 
capital loans made to private borrowers by private lending 
institutions upon application of such institution and upon such 
terms and conditions as the Secretary may prescribe, except 
that no such guarantee shall at any time exceed 90 per centum 
of the amount of the outstanding unpaid balance of such loan, 
(C) guaranteeing rental payment of leases for buildings and 
equipment, except that no such guarantee shall exceed 90 per 
centum of the remaining rental payments required by the lease, 
(D) paying those debts with respect to which a lien against 
property has been legally obtained (including the refinancing 
of any such debt) in any case where the Secretary determines 
that it is essential to do so in order to save employment in a 
designated area, to avoid a significant rise in unemployment, 
or to create new or increased employment.
  [(b) Financial assistance under this section shall be on such 
terms and conditions as the Secretary determines, subject, 
however, to the following restrictions and limitations:
          [(1) Such financial assistance shall not be extended 
        to assist establishments relocating from one area to 
        another or to assist subcontractors whose purpose is to 
        divest, or whose economic success is dependent upon 
        divesting, other contractors or subcontractors of 
        contracts theretofore customarily performed by them: 
        Provided, however, That such limitations shall not be 
        construed to prohibit assistance for the expansion of 
        an existing business entity through the establishment 
        of a new branch, affiliate, or subsidiary of such 
        entity if the Secretary finds that the establishment of 
        such branch, affiliate, or subsidiary will not result 
        in increase in unemployment of the area of original 
        location or in any other area where such entity 
        conducts business operations, unless the Secretary has 
        reason to believe that such branch, affiliate, or 
        subsidiary is being established with the intention of 
        closing down the operations of the existing business 
        entity in the area of its original location or in any 
        other area where it conducts such operations.
          [(2) Such assistance shall be extended only to 
        applicants, both private and public (including Indian 
        tribes), which have been approved for such assistance 
        by an agency or instrumentality of the State or 
        political subdivision thereof in which the project to 
        be financed is located, and which agency or 
        instrumentality is directly concerned with problems of 
        economic development in such State or subdivision.
          [(3) The project for which financial assistance is 
        sought must be reasonably calculated to provide more 
        than a temporary alleviation of unemployment or 
        underemployment within the redevelopment area wherein 
        it is or will be located.
          [(4) No loan or guarantee shall be extended hereunder 
        unless the financial assistance applied for is not 
        otherwise available from private lenders or from other 
        Federal agencies on terms which in the opinion of the 
        Secretary will permit the accomplishment of the 
        project.
          [(5) The Secretary shall not make any loan without a 
        participation unless he determines that the loan cannot 
        be made on a participation basis.
          [(6) No evidence of indebtedness shall be purchased 
        and no loans shall be made or guaranteed unless it is 
        determined that there is reasonable assurance of 
        repayment.
          [(7) Subject to section 701(5) of this Act, no loan 
        or guarantee, including renewals or extension thereof, 
        may be made hereunder for a period exceeding twenty-
        five years and no evidences of indebtedness maturing 
        more than twenty-five years from date of purchase may 
        be purchased hereinder: Provided, That the foregoing 
        restrictions on maturities shall not apply to 
        securities or obligations received by the Secretary as 
        a claimant in bankruptcy or equitable reorganization or 
        as a creditor in other proceedings attendant upon 
        insolvency of the obligor.
          [(8) Loans made and evidences if indebtedness 
        purchased under this section shall bear interest at a 
        rate not less than a rate determined by the Secretary 
        of the Treasury taking into consideration the current 
        average market yield on outstanding marketable 
        obligations of the United States with remaining periods 
        to maturity comparable to the average maturities of 
        such loans, adjusted to the nearest one-eighth of 1 per 
        centum, plus additional charge, if any, toward covering 
        other costs of the program as the Secretary may 
        determine to be consistent with its purpose.
          [(9) Loan assistance (other than for a working 
        capital loan) shall not exceed 65 per centum of the 
        aggregate cost to the applicant (excluding all other 
        Federal aid in connection with the undertaking) of 
        acquiring or developing land and facilities (including 
        machinery and equipment), and of constructing, 
        altering, converting, rehabilitating, or enlarging the 
        building or buildings of the particular project, and 
        shall, among others, be on the condition that--
                  [(A) other funds are available in an amount 
                which which together with the assistance 
                provided hereunder, shall be sufficient to pay 
                such aggregate cost;
                  [(B) not less than 15 per centum of such 
                aggregate cost be supplied as equity capital or 
                as a loan repayable in no shorter period of 
                time and at no faster an amortization rate than 
                the Federal financial assistance extended under 
                this section is being repaid, and if such a 
                loan is secured, its security shall be 
                subordinate and inferior to the lien or liens 
                securing such Federal financial assistance: 
                Provided, however, That, except in projects 
                involving financial participation by Indian 
                tribes, not less than 5 per centum of such 
                aggregate cost shall be supplied by the State 
                or any agency, instrumentality, or political 
                subdivision thereof, or by a community or area 
                organization which is nongovernmental in 
                character, unless the Secretary shall determine 
                in accordance with the objective standards 
                promulgated by regulation that all or part of 
                such funds are not reasonably available to the 
                project because of the economic distress of the 
                area or for other good cause, in which case he 
                may waive the requirement of this provision to 
                the extent of such unavailability, and allow 
                the funds required by this subsection to be 
                supplied by the applicant or by such other non-
                Federal source as may reasonably be available 
                to the project;
                  [(C) to the extent the Secretary finds such 
                action necessary to encourage financial 
                participation in a particular project by other 
                lenders and investors, and except as otherwise 
                provided in subparagraph (B), any Federal 
                financial assistance extended under this 
                section may be repayable only after other loans 
                made in connection with such project have been 
                repaid in full, and the security, if any, for 
                such Federal financial assistance may be 
                subordinate and inferior to the lien or liens 
                securing other loans made in connection with 
                the same project.
          [(10) No such assistance shall be extended unless 
        there shall be submitted to and approval of the 
        Secretary an overall program for the economic 
        development of the area and a finding by the State, or 
        any agency, instrumentality, or local political 
        subdivision thereof, that the project for which 
        financial assistance is sought is consistent with such 
        program: Provided, That nothing in this Act shall 
        authorize financial assistance for any project 
        prohibited by laws of the State or local political 
        subdivision in which the project would be located, nor 
        prevent the Secretary from requiring such periodic 
        revisions of previously approved overall economic 
        development programs as he may deem appropriate.

                      [economic development funds

  [Sec. 203. Funds obtained by the Secretary under section 201; 
loan funds obtained under section 403, and collections and 
repayments received under this Act, shall be deposited in an 
economic development revolving fund (hereunder referred to as 
the ``fund''), which is hereby established in the Treasury of 
the United States, and which shall be available to the 
Secretary for the purpose of extending financial assistance 
under sections 201, 202, and 403, and for the payment of all 
obligations and expenditures arising in connection therewith. 
There shall also be credited to the fund such funds as have 
been paid into the area development fund or may be received 
from obligations outstanding under the Area Redevelopment Act. 
The fund shall pay into miscellaneous receipts of the Treasury, 
following the close of each fiscal year, interest on the amount 
of loans outstanding under this Act computed in such manner and 
at such rate as may be determined by the Secretary of the 
Treasury taking into consideration the current average market 
yield on outstanding marketable obligations of the United 
States with remaining periods to maturity comparable to the 
average maturities of such loans, adjusted to the nearest one-
eighth of 1 per centum, during the month of September preceding 
the fiscal year in which the loans were made.

                    [redevelopment area loan program

  [Sec. 204. (a) If a redevelopment area prepares a plan for 
the redevelopment of the area or a part thereof and submits 
such plan to the Secretary for his approval and the Secretary 
approves such plan, the Secretary is authorized to make an 
interest free loan to such area for the purpose of carrying out 
such plan. Such plan may include industrial land assembly, land 
banking, acquisition of surplus government property, 
acquisition of industrial sites including acquisition of 
abandoned properties with redevelopment potential, real estate 
development including redevelopment and rehabilitation of 
historical buildings for industrial and commerical use, 
rehabilitation and renovation of usable empty factory buildings 
for industrial and commerical use, and other investments which 
will accelerate recycling of land and facilities for job 
creating economic activity. Any such interest free loan shall 
be made on condition (1) that the area will use such interest 
free loan to make loans to carry out such plan, (2) the 
repayment of any loan made by the area from such interest free 
loan shall be placed by such area in a revolving fund available 
solely for the making of other loans by the area, upon approval 
by the Secretary, for the economic redevelopment of the area. 
Any such interest free loan shall be repaid to the United 
States by a redevelopment area whenever such area has its 
designation as a redevelopment area terminated or modified 
under section 402 of this Act. This section shall not apply to 
any redevelopment area whose designation as a redevelopment 
area would be terminated or modified under section 402 of this 
Act except for the provisions of section 2 of the Act entitled 
``An Act to amend the Public Works and Economic Development Act 
of 1965 to extend the authorizations for title I through IV 
through fiscal year 1971'', approved July 6, 1970 (P.L. 91-
304).
  [(b)(1) Each eligible recipient which receives assistance 
under this section shall annually during the period such 
assistance continues make a full and complete report to the 
Secretary, in such manner as the Secretary shall prescribe, and 
such report shall contain an evaluation of the effectiveness of 
the economic assistance provided under this section in meeting 
the need it was designed to alleviate and the purposes of this 
section.
  [(2) The Secretary shall include in the annual report 
pursuant to section 707 of this Act a consolidated report with 
his recommendations, if any, on the assistance authorized under 
this section, in a form which he deems appropriate.
  [(c) There is authorized to be appropriated to carry out this 
section not to exceed $125,000,000 per fiscal year for the 
fiscal years ending September 30, 1977, and September 30, 1979, 
September 30, 1980, and September 30, 1981.

      [TITLE III--TECHNICAL ASSISTANCE, RESEARCH, AND INFORMATION

  [Sec. 301. (a) In carrying out his duties under this Act the 
Secretary is authorized to provide technical assistance which 
would be useful in alleviating or preventing conditions of 
excessive unemployment or underemployment (1) to areas which he 
has designated as redevelopment areas under this Act, and (2) 
to other areas which he finds have substantial need for such 
assistance. Such assistance shall include project planning and 
feasibility studies, management and operational assistance, and 
studies evaluating the needs of, and development potentialities 
for, economic growth of such areas. Such assistance may be 
provided by the Secretary through members of his staff, through 
the payment of funds authorized for this section to other 
departments or agencies of the Federal Government, through the 
employment of private individuals, partnerships, firms, 
corporations, or suitable institutions, under contracts entered 
into for such purposes, or through grants-in-aid to appropriate 
public or private nonprofit State, area, district, or local 
organizations. The Secretary, in his discretion, may require 
the repayment of assistance provided under this subsection and 
prescribe the terms and conditions of such repayment.
  [(b) The Secretary is authorized to make grants to defray not 
to exceed 75 per centum of the administrative expenses of 
organizations which he determines to be qualified to receive 
grants-in-aid under subsection (a) hereof, except that in the 
case of a grant under this subsection to an Indian tribe the 
Secretary is authorized to defray up to 100 per centum of such 
expenses. In determining the amount of the non-Federal share of 
such costs or expenses, the Secretary shall give due 
consideration to all contributions both in cash and in kind, 
fairly evaluated, including but not limited to space, 
equipment, and services. Where practicable grants-in-aid 
authorized under this subsection shall be used in conjunction 
with other available planning grants, such as urban planning 
grants, authorized under the Housing Act of 1954, as amended, 
and highway planning and research grants authorized under the 
Federal-aid Highway Act of 1962, to assure adequate and 
effective planning and economical use of funds.
  [(c) To assist in the long-range accomplishment of the 
purposes of this Act, the Secretary, in cooperation with other 
agencies having similar functions, shall establish and conduct 
a continuing program of study, training, and research to (A) 
assist in determining the causes of unemployment, 
underemployment, underdevelopment, and chronic depression in 
the various areas and regions of the Nation, (B) assist in the 
formulation and implementation of national, State, and local 
programs which will raise income levels and otherwise produce 
solutions to the problems resulting from these conditions, and 
(C) assist in providing the personnel needs to conduct such 
programs. The program of study, training, and research may be 
conducted by the Secretary through members of his staff, 
through payment of funds authorized for this section to other 
departments or agencies of the Federal Government, or through 
the employment of private individuals, partnerships, firms, 
corporations, or suitable institutions, under contracts entered 
into for such purposes, or through grants to such individuals, 
organizations, or institutions, or through conferences, and 
similar meetings organized for such purposes. The Secretary 
shall make available to interested individuals and 
organizations the results of such research. The Secretary shall 
include in his annual report under section 707 a detailed 
statement concerning the study and research conducted under 
this section together with his findings resulting therefrom and 
his recommendations for legislative and other action.
  [(d) The Secretary shall aid redevelopment areas and other 
areas by furnishing to interested individuals, communities, 
industries, and enterprises within such areas any assistance, 
technical information, market research, or other forms of 
assistance, information, or advice which would be useful in 
alleviating or preventing conditions of excessive unemployment 
or underemployment within such areas. The Secretary may furnish 
the procurement divisions of the various departments, agencies, 
and other instrumentalities of the Federal Government with a 
list containing the names and addresses of business firms which 
are located in redevelopment areas and which are desirous of 
obtaining Government contracts for the furnishing of supplies 
or services, and designating the supplies and services such 
firms are engaged in providing.
  [(e) The Secretary shall establish an independent study board 
consisting of governmental and nongovernmental experts to 
investigate the effects of Government procurement, scientific, 
technical, and other related policies, upon regional economic 
development. Any Federal officer or employee may, with the 
consent of the head of the department or agency in which he is 
employed, serve as a member of such board, but shall receive no 
additional compensation for such service. Other members of such 
board may be compensated in accordance with the provisions of 
section 701(10). The board shall report its findings, together 
with recommendations for the better coordination of such 
policies, to the Secretary, who shall transmit the report to 
the Congress not later than two years after the enactment of 
this Act.
  [(f) The Secretary is authorized to make grants, enter into 
contracts or otherwise provide funds for any demonstration 
project within a redevelopment area or areas which he 
determines is designed to foster regional productivity and 
growth, prevent out migration, and otherwise carry out the 
purposes of this Act.
  [Sec. 302. (a) The Secretary is authorized, upon application 
of any State, or city, or other political subdivision of a 
State, or sub-State planning and development organization 
(including a redevelopment area or an economic development 
district), to make direct grants to such State, city, or other 
political subdivision, or organization to pay up to 80 per 
centum of the cost for economic development planning. The 
planning for cities, other political subdivisions, and sub-
State planning and development organizations (including 
redevelopment areas and economic development districts) 
assisted under this section shall include systematic efforts to 
reduce unemployment and increase incomes. Such planning shall 
be a continuous process involving public officials and private 
citizens in analyzing local economics, defining development 
goals, determining project opportunities, and formulating and 
implementing a development program. Any overall State economic 
development plan prepared with assistance under this section 
shall be prepared cooperatively by the State, its political 
subdivisions, and the economic development districts located in 
whole or in part within such State. Upon completion of any such 
plan, the State shall certify to the Secretary (1) that in the 
preparation of such State plan, the local and economic 
development district plans were considered and, to the fullest 
extent possible, such State plan is consistent with such local 
and economic development district plans, and (2) that such 
State plan is consistent, with such local and economic 
development district plans, or, if such State plan is not 
consistent with such local and economic development district 
plans, all of the inconsistencies of the State plan with the 
local and economic development district plans, and the 
justification for each of these inconsistencies. Any overall 
State economic development planning shall be a part of a 
comprehensive planning process that shall consider the 
provision of public works to stimulate and channel development, 
economic opportunities and choices for individuals; to support 
sound land use, to enhance and protect the environment 
including the conservation and preservation of open spaces and 
environmental quality, to provide public services, and to 
balance physical and human resources through the management and 
control of physical development. The assistance available under 
this section may be provided in addition to assistance 
available under section 301(b) of this Act but shall not 
supplant such assistance and shall be available to develop an 
annual inventory of specific recommendations for assistance 
under section 304 of this Act. Each State receiving assistance 
under this subsection shall submit to the Secretary an annual 
report on the planning process assisted under this subsection.
  [(b) In addition, the Secretary is authorized to assist 
economic development districts in--
          [(1) providing technical assistance (other than by 
        grant) to local governments within the district; and
          [(2) carrying out any review procedure required 
        pursuant to title IV of the Intergovernmental 
        Cooperation Act of 1968, if such district has been 
        designated as the agency to conduct such review.
  [(c) The planning assistance authorized under this title 
shall be used in accordance with the review procedure required 
pursuant to title IV of the Intergovernmental Cooperation Act 
of 1968 and shall be used in conjunction with any other 
available Federal planning assistance to assure adequate and 
effective planning and economical use of funds.
  [Sec. 303. (a) There is hereby authorized to be appropriated 
$25,000,000 annually for the purposes of Sections 301 and 302 
of this Act, for the fiscal year ending June 30, 1966, and for 
each fiscal year thereafter through the fiscal year ending June 
30, 1969, $50,000,000 per fiscal year for the fiscal years 
ending June 30, 1970, June 30, 1971, June 30, 1972, and June 
30, 1973, and $35,000,000 for the fiscal year ending June 30, 
1974 and $75,000,000 per fiscal year for the fiscal years 
ending June 30, 1975, and June 30, 1976, $18,750,000 for the 
period beginning July 1, 1976, and ending September 30, 1976, 
and $75,000,000 per fiscal year for the fiscal years ending 
September 30, 1977, September 30, 1978, September 30, 1979, 
September 30, 1980, and September 30, 1981, and not to exceed 
$35,500,000 for the fiscal year ending September 30, 1982.
  [(b) Not to exceed $15,000,000 in each of the fiscal years 
ending June 30, 1975, and June 30, 1976. September 30, 1977, 
September 30, 1978, September 30, 1979, September 30, 1980, 
September 30, 1981, and September 30, 1982, of the sums 
authorized to be appropriated under subsection (a) of this 
section, shall be available to make grants to States.

                     [supplemental and basic grants

  [Sec. 304. (a) There are hereby authorized to be appropriated 
$35,000,000 for the fiscal year ending June 30, 1975, and 
$75,000,000 for the fiscal year ending June 30, 1976, 
$18,750,000 for the period beginning July 1, 1976, and ending 
September 30, 1976, and $75,000,000 per fiscal year for the 
fiscal year ending September 30, 1977, September 30, 1978, 
September 30, 1979, September 30, 1980, and September 30, 1981, 
for apportionment by the Secretary among the States for the 
purpose of supplementing or making grants and loans authorized 
under titles I, II, III (other than planning grants authorized 
under sections 301(b) and 302), IV, and IX of this Act. Such 
funds shall be apportioned among the States in the ratio which 
all grants made under title I of this Act since August 26, 
1965, in each State bear to the total of all such grants made 
in all the States since August 26, 1965.
  [(b) Funds apportioned to a State pursuant to subsection (a) 
shall be available for supplementing or making such grants or 
loans if the State makes a contribution of at least 25 per 
centum of the amount of such grant or loan in each case. Funds 
apportioned to a State under subsection (a) shall remain 
available to such State until obligated or expended by it.
  [(c) Funds apportioned to a State pursuant to this section 
may be used by the Governor in supplementing grants or loans 
with respect to any project or assistance authorized under 
title I, II, III (other than planning grants authorized under 
sections 301(b) and 302), IV, or IX of this Act, and approved 
by the Secretary after July 1, 1974. Such grants may be used to 
reduce or waive the non-Federal share otherwise required by 
this Act, subject to the requirements of subsection (b) of this 
section.
  [(d) In the case of any grant or loan for which all or any 
portion of the basic Federal contribution to the project under 
this Act is proposed to be made with funds available under this 
section, no such Federal contribution shall be made until the 
Secretary of Commerce certifies that such project meets all of 
the requirements of this Act and could be approved for Federal 
contributions under this Act if funds were available under this 
Act (other than section 509) for such project. Funds may be 
provided for projects in a State under this section only if the 
Secretary determines that the level of Federal and State 
financial assistance under this Act (other than section 509) 
and under Acts other than this Act, for the same type of 
projects in the State, will not be diminished in order to 
substitute funds authorized by this section.
  [(e) After June 30, 1975, funds apportioned to a State 
pursuant to this section shall be used by the Governor in a 
manner which is consistent with the State planning process 
assisted under section 302 of this Act, if such planning 
process has been established in such State.

                [TITLE IV--AREA AND DISTRICT ELIGIBILITY

                      [Part A--Redevelopment Areas

                           [area eligibility

  [Sec. 401. (a) The Secretary shall designate as 
``redevelopment areas''--
          [(1) those areas in which he determines, upon the 
        basis of standards generally comparable with those set 
        forth in paragraphs (A) and (B), that there has existed 
        substantial and persistent unemployment for an extended 
        period of time and those areas in whcih he determines 
        there has been a substantial loss of population due to 
        lack of employment opportunity. There shall be included 
        among the areas so designated any area--
                  [(A) where the Secretary of Labor finds that 
                the current rate of unemployment, as determined 
                by appropriate annual statistics for the most 
                recent twelve consecutive months, is 6 per 
                centum or more and has averaged at least 6 per 
                centum for the qualifying time periods 
                specified in paragraph (B); and
                  [(B) where the Secretary of Labor finds that 
                the annual average rate of unemployment has 
                been at least--
                          [(i) 50 per centum above the national 
                        average for three of the preceding four 
                        calendar years, or
                          [(ii) 75 per centum above the 
                        national average for two of the 
                        preceding three calendar years, or
                          [(iii) 100 per centum above the 
                        national average for one of the 
                        preceding two calendar years.
        The Secretary of Labor shall find the facts and provide 
        the data to be used by the Secretary in making the 
        determinations required by this subsection;
          [(2) those additional areas which have a median 
        family income not in excess of 50 per centum of the 
        national median, as determined by the most recent 
        available statistics for such areas;
          [(3) those additional Federal or State Indian 
        reservations or trust or restricted Indian-owned land 
        areas which the Secretary, after consultation with the 
        Secretary of the Interior or an appropriate State 
        agency, determines manifest the greatest degree of 
        economic distress on the basis of unemployment and 
        income statistics and other appropriate evidence of 
        economic underdevelopment; Provided, however, That 
        uninhabited Federal or State Indian reservations or 
        trust or restricted Indian-owned land areas may be 
        designated where such designation would permit 
        assistance to Indian tribes, with a direct beneficial 
        effect on the economic well-being of Indians;
          [(4) upon request of such areas, those additional 
        areas in which the Secretary detemines that the loss, 
        removal, curtailment, or closing of a major source of 
        employment has caused within three years prior to, or 
        threatens to cause within three years after, the date 
        of the request an unusual and abrupt rise in 
        unemployment of such magnitude that the unemployment 
        rate for the area at the time of the request exceeds 
        the national average, or can reasonably be expected to 
        exceed the national average, by 50 per centum or more 
        unless assistance is provided. Notwithstanding any 
        provision of subsection 401(b) to the contrary, an area 
        designated under the authority of this paragraph may be 
        given a reasonable time after designation in which to 
        submit the overall economic development program 
        required by subsection 202(b)(10) of this Act;
          [(5) notwithstanding any provision of this section to 
        the contrary, those additional areas which were 
        designated redevelopment areas under the Area 
        Redevelopment Act on or after March 1, 1965; Provided, 
        however, That the continued eligibility of such areas 
        after the first annual review of eligibility conducted 
        in accordance with section 402 of this Act shall be 
        dependent on their qualification for designation under 
        the standards of economic need set forth in subsections 
        (a)(1) through (a)(4) of this section;
          [(6) those communities or neighborhoods (defined 
        without regard to political or other subdivisions or 
        boundaries) which the Secretary determines have one of 
        the following conditions:
                  [(A) a large concentration of low-income 
                persons;
                  [(B) rural areas having substantial 
                outmigration;
                  [(C) substantial unemployment; or
                  [(D) an actual or threatened abrupt rise of 
                unemployment due to the closing or curtailment 
                of a major source of employment.
        No redevelopment area established under this paragraph 
        shall be subject to the requirements of subparagraphs 
        (A) and (C) of paragraph (1) of subsection (a) of 
        section 101 of this Act. No redevelopment area 
        established under this paragraph shall be eligible to 
        meet the requirements of section 403(a)(1)(B) of this 
        Act;
          [(7) those areas where per capita employment has 
        declined significantly during the next preceding ten-
        year period for which appropriate statistics are 
        available;
          [(8) those areas which the Secretary of Labor 
        determines, on the basis of average annual available 
        unemployment statistics, to have experienced 
        unemployment which is both substantial and above the 
        national average for the preceding twenty-four months;
          [(9) those areas which the Secretary determines have 
        demonstrated long-term economic deterioration.
    [(b) The size and boundaries of redevelopment areas shall 
be as determined by the Secretary: Provided, however, That--
          [(1) no area shall be designated until it has an 
        approved overall economic development program in 
        accordance with subsection 202(b)(10) of this Act;
          [(2) any area which does not submit an acceptable 
        overall economic development program in accordance with 
        subsection 202(b)(10) of this Act within the reasonable 
        time after notification of eligibility for designation, 
        shall not thereafter be designated prior to the next 
        annual review of eligibility in accordance with section 
        402 of this Act;
          [(3) no area shall be designated which does not have 
        a population of at least one thousand five hundred 
        persons, except that this limitation shall not apply to 
        any area designated under section 401 (a)(3) or (a)(6); 
        and.
          [(4) except for areas designated under subsections 
        (a)(3), (a)(4) and (a)(6) hereof, no area shall be 
        designated which is smaller than a ``labor area'' (as 
        defined by the Secretary of Labor), a country, or 
        municipality with a population of over twenty-five 
        thousand, whichever in the opinion of the Secretary is 
        appropriate. Nothing in this subsection shall prevent 
        any municipality, designated as a redevelopment area or 
        eligible to be designated as a redevelopment area, from 
        combining with any other community having mutual 
        economic interests and transportation and marketing 
        patterns for the purposes of such designation.
  [(c) Upon the request of the Secretary, the Secretary of 
Labor, the Secretary of Agriculture, the Secretary of the 
Interior, and such other heads of agencies as may be 
appropriate are authorized to conduct such special studies, 
obtain such information, and compile and furnish to the 
Secretary such data as the Secretary may deem necessary or 
proper to enable him to make the determinations provided for in 
this section. The Secretary shall reimburse when appropriate, 
out of any funds appropriated to carry out the purposes of this 
Act, the foregoing officers for any expenditures incurred by 
them under this section.
  [(d) If a State has no area designated under the preceding 
subsections of this section as a redevelopment area, the 
Secretary shall designate as a redevelopment area that area in 
such State which in his opinion most nearly qualifies under 
such preceding subsections. An area so designated shall have 
its eligibility terminated in accordance with the provisions of 
section 402 if any other area within the same State 
subsequently has become qualified or been designated under any 
other subsection of this section other than subsection (a)(6) 
as of the time of the annual review prescribed by section 402: 
Provided, That the Secretary shall not terminate any 
designation of an area in a State as a redevelopment area if to 
do so would result in such State having no redevelopment area.
  [(e) As used in this Act, the term ``redevelopment area'' 
refers to any area within the United States which has been 
designated by the Secretary as a redevelopment area.

                   [annual review of area eligibility

  [Sec. 402. The Secretary shall conduct an annual review of 
all areas designated in accordance with section 401 of this 
Act, and on the basis of such reviews shall terminate or modify 
such designation whenever such an area no longer satisfies the 
designation requirements of section 401, but in no event shall 
such designation of an area be terminated prior to the 
expiration of the third year after the date such area was so 
designated. No area previously designated shall retain its 
designated status unless it maintains a currently approved 
overall economic development program in accordance with 
subsection 202(b)(10). No termination of eligibility shall (1) 
be made without thirty days' prior notification to the area 
concerned, (2) affect the validity of any application filed, or 
contract or undertaking entered into, with respect to such area 
pursuant to this Act prior to such termination, (3) prevent any 
such area from again being designated a redevelopment area 
under section 401 of this Act if the Secretary determines it to 
be eligible under such section, or (4) be made in the case of 
any designated area where the Secretary determines that an 
improvement in the unemployment rate of a designated area is 
primarily the result of increased employment in occupations not 
likely to be permanent, The Secretary shall keep the 
departments and agencies of the Federal Government, and 
interested State or local agencies, advised at all times of any 
changes made hereunder with respect to the classification of 
any area.

                [Part B--Economic Development Districts

  [Sec. 403. (a) In order that economic development projects of 
broader geographic significance may be planned and carried out, 
the Secretary is authorized--
          [(1) to designate appropriate ``economic development 
        districts'' within the United States with the 
        concurrence of the States in which such districts will 
        be wholly or partially located, if--
                  [(A) the proposed district is of sufficient 
                size or population, and contains sufficient 
                resources, to foster economic development on a 
                scale involving more than a single 
                redevelopment area;
                  [(B) the proposed district contains at least 
                one redevelopment area;
                  [(C) the proposed district contains one or 
                more redevelopment areas or economic 
                development centers identified in an approved 
                district overall economic development program 
                as having sufficient size and potential to 
                foster the economic growth activities necessary 
                to alleviate the distress of the redevelopment 
                areas within the district; and
                  [(D) the proposed district has a district 
                overall economic development program which 
                includes adequate land use and transportation 
                planning and contains a specific program for 
                district cooperation, self-help, and public 
                investment and is approved by the State or 
                States affected and by the Secretary;
          [(2) to designate as ``economic development 
        centers,'' in accordance with such regulations as he 
        shall prescribe, such areas as he may deem appropriate, 
        if--
                  [(A) the proposed center has been identified 
                and included in an approved district overall 
                economic development program and recommended by 
                the State or States affected for such special 
                designation:
                  [(B) the proposed center is geographically 
                and economically so related to the district 
                that its economic growth may reasonably be 
                expected to contribute significantly to the 
                alleviation of distress in the redevelopment 
                areas of the district; and
                  [(C) the proposed center does not have a 
                population in excess of two hundred and fifty 
                thousand according to the last preceding 
                Federal census.
          [(3) to provide financial assistance in accordance 
        with the criteria of sections 101, 201, and 202 of this 
        Act, except as may be herein otherwise provided, for 
        projects in economic development centers designed under 
        subsection (a)(2) above, if--
                  [(A) the project will further the objectives 
                of the overall economic development program of 
                the district in which it is to be located:
                  [(B) the project will enhance the economic 
                growth potential of the district or result in 
                additional long-term employment opportunities 
                commensurate with the amount of Federal 
                financial assistance requested; and
                  [(C) the amount of Federal financial 
                assistance requested is reasonably related to 
                the size, population, and economic needs of the 
                district;
          [(4) subject to the 20 per centum non-Federal share 
        required for any project by subsection 101(c) of this 
        Act, to increase the amount of grant assistance 
        authorized by section 101 for projects within 
        redevelopment areas (designated under section 401), by 
        an amount not to exceed 10 per centum of the aggregate 
        cost of any such project, in accordance with such 
        regulations as he shall prescribe if--
                  [(A) the redevelopment area is situated 
                within a designated economic development 
                district and is actively participating in the 
                economic development activities of the 
                district; and
                  [(B) the project is consistent with an 
                approved district overall economic development 
                program.
  [(b) In designating economic development districts and 
approving district overall economic development programs under 
subsection (a) of this section, the Secretary is authorized, 
under regulations prescribed by him--
          [(1) to invite the several States to draw up proposed 
        district boundaries and to identify potential economic 
        development centers;
          [(2) to cooperate with the several States--
                  [(A) in sponsoring and assisting district 
                economic planning and development groups, and
                  [(B) in assisting such district groups to 
                formulate district overall economic development 
                programs;
          [(3) to encourage participation by appropriate local 
        governmental authorities in such economic development 
        districts.
  [(c) The Secretary shall by regulation prescribe standards 
for the termination or modification of economic development 
districts and economic development centers designated under the 
authority of this section.
  [(d) As used in this Act, the term ``economic development 
district'' refers to any area within the United States composed 
of cooperating redevelopment areas and, where appropriate, 
designated economic development centers and neighboring 
counties or communities, which has been designated by the 
Secretary as an economic development district.
  [(e) As used in this Act, the term ``economic development 
center'' refers to any area within the United States which has 
been identified as an economic development center in an 
approved district overall economic development program and 
which has been designated by the Secretary as eligible for 
financial assistance under sections 101, 201, and 202 of this 
Act in accordance with the provisions of this section.
  [(f) For the purpose of this Act the term ``local 
government'' means any city, county, town, parish, village, or 
other general-purpose political subdivision of a State.
  [(g) There is hereby authorized to be appropriated not to 
exceed $50,000,000 for the fiscal year ending June 30, 1967, 
and for each fiscal year thereafter through the fiscal year 
ending June 30, 1973, and not to exceed $45,000,000 per fiscal 
year for the fiscal years ending June 30, 1974, June 30, 1975, 
and June 30, 1976, not to exceed $11,250,000 for the period 
beginning July 1, 1976, and ending September 30, 1976, and not 
to exceed $45,000,000 per fiscal year for the fiscal years 
ending September 30, 1977, September 30, 1978, September 30, 
1979, September 30, 1980, September 30, 1981, for financial 
assistance extended under the provisions of subsection (a)(3) 
and (A)(4) hereof.
  [(h) In order to allow time for adequate and careful district 
planning, subsection (g) of this section shall not be effective 
until one year from the date of enactment.
  [(i) Each economic development district designated by the 
Secretary under this section shall as soon as practicable after 
the date of enactment of this section or after its designation 
provide that a copy of the district overall economic 
development program be furnished to the appropriate regional 
commission established under title V of this Act, if any part 
of such proposed district is within such a region or to the 
Appalachian Regional Commission established under the 
Appalachian Regional Development Act of 1965, if any part of 
such proposed district is within the Appalachian region.
  [(j) The Secretary is authorized to provide the financial 
assistance which is available to a redevelopment area under 
this Act to those parts of an economic development district 
which are not within a redevelopment area, when such assistance 
will be of a substantial direct benefit to a redevelopment area 
within such district. Such financial assistance shall be 
provided in the same manner and to the same extent as is 
provided in this Act for a redevelopment area, except that 
nothing in this subsection shall be construed to permit such 
parts to receive the increase in the amount of grant assistance 
authorized in paragraph (4) of subsection (a) of this section.

                  [Part C--Indian Economic Development

  [Sec. 404. In order to assure a minimum Federal commitment to 
alleviate economic distress of Indians, in addition to their 
eligibility for assistance with funds authorized under other 
parts of this Act, there are authorized to be appropriated not 
to exceed $25,000,000 per fiscal year for the fiscal years 
ending June 30, 1975, and June 30, 1976, not to exceed 
$6,250,000 for the period beginning July 1, 1976, and ending 
September 30, 1976, and not to exceed $25,000,000 per fiscal 
year for the fiscal years ending September 30, 1977, September 
30, 1978, September 30, 1979, September 30, 1980, September 30, 
1981, for the purpose of providing assistance under this Act to 
Indian tribes. Such sums shall be in addition to all other 
funds made available to Indian tribes under this Act.

               [Part D--Unemployment Rate Determinations

  [Sec. 405. Whenever any provision of this Act requires the 
Secretary of Labor, or the Secretary, to make any determination 
or other finding relating to the unemployment rate of any area, 
information regarding such unemployment rate may be furnished 
either by the Federal Government or by a State. Unemployment 
rates furnished by a State shall be accepted by the Secretary 
unless he determines that such rates are inaccurate. The 
Secretary shall provide technical assistance to State and local 
governments in the calculation of unemployment rates to insure 
their validity and standardization.

                       [TITLE VI--ADMINISTRATION

  [Sec. 601. (a) The Secretary shall administer this Act and, 
with the assistance of an Assistant Secretary of Commerce, in 
addition to those already provided for, shall supervise and 
direct the Administrator created herein, and coordinate the 
Federal cochairmen appointed heretofore or subsequent to this 
Act. The Assistant Secretary created by this section shall be 
appointed by the President by and with the advice and consent 
of the Senate. Such Assistant Secretary shall perform such 
functions as the Secretary may prescribe. There shall be 
appointed by the President, by and with the advice and consent 
of the Senate, an Administrator for Economic Development who 
shall be compensated at the rate provided for level V of the 
Federal Executive Salary Schedule who shall perform such duties 
as are assigned by the Secretary.
  [(b) Paragraph (12) of subsection (d) of section 303 of the 
Federal Executive Salary Act of 1964 is amended by striking out 
``(4)'' and inserting in lieu thereof ``(5)''.
  [(c) Subsection (e) of section 303 of the Federal Executive 
Salary Act of 1964 is amended by adding at the end thereof the 
following new paragraph:
  [``(100) Administrator for Economic Development.''

          [advisory committee on regional economic development

  [Sec. 602. The Secretary shall appoint a National Public 
Advisory Committee on Regional Economic Development which shall 
consist of twenty-five members and shall be composed of 
representatives of labor, management, agriculture, State and 
local governments, and the public in general. From the members 
appointed to such Committee the Secretary shall designate a 
Chairman. Such Committee, or any duly established subcommittee 
thereof, shall from time to time make recommendations to the 
Secretary relative to the carrying out of his duties under this 
Act. Such Committee shall hold not less than two meetings 
during each calendar year.

             [consultation with other persons and agencies

  [Sec. 603. (a) The Secretary is authorized from time to time 
to call together and confer with any persons, including 
representatives of labor, management, agriculture, and 
government, who can assist in meeting the problems of area and 
regional unemployment or underemployment.
  [(b) The Secretary may make provisions for such consultation 
with interested departments and agencies as he may deem 
appropriate in the performance of the functions vested in him 
by this Act.

              [administration, operation, and maintenance

  [Sec. 604. No Federal assistance shall be approved under this 
Act unless the Secretary is satisfied that the project for 
which Federal assistance is granted will be properly and 
efficiently administered, operated, and maintained.

                       [TITLE VII--MISCELLANEOUS

                          [powers of secretary

  [Sec. 701. In performing his duties under this Act, the 
Secretary is authorized to--
          [(1) adopt, alter, and use a seal, which shall be 
        judicially noticed;
          [(2) hold such hearings, sit and act at such times 
        and places, and take such testimony, as he may deem 
        advisable.
          [(3) request directly from any executive department, 
        bureau, agency, board, commission, office, independent 
        establishment, or instrumentality information, 
        suggestions, estimates, and statistics needed to carry 
        out the purposes of this Act; and each department, 
        bureau, agency, board, commission, office, 
        establishment or instrumentality is authorized to 
        furnish such information, suggestions, estimates, and 
        statistics directly to the Secretary;
          [(4) under regulations prescribed by him, assign or 
        sell at public or private sale, or otherwise dispose of 
        for cash or credit, in his discretion and upon such 
        terms and conditions and for such consideration as he 
        shall determine to be reasonable, any evidence of debt, 
        contract, claim, personal property, or security 
        assigned to or held by him in connection with loans 
        made or evidences of indebtedness purchased under this 
        Act, and collect or compromise all obligations assigned 
        to or held by him in connection with such loans or 
        evidences of indebtedness until such time as such 
        obligations may be referred to the Attorney General for 
        suit or collection;
          [(5) further extend the maturity of or renew any loan 
        made or evidence of indebtedness purchased under this 
        Act, beyond the periods stated in such loan or evidence 
        of indebtedness or in this Act, for additional periods 
        not to exceed ten years, if such extension or renewal 
        will aid in the orderly liquidation of such loan or 
        evidence of indebtedness;
          [(6) deal with, complete, renovate, improve, 
        modernize, insure, rent, or sell for cash or credit, 
        upon such terms and conditions and for such 
        consideration as he shall determine to be reasonable, 
        any real or personal property conveyed to, or otherwise 
        acquired by him in connection with loans made or 
        evidences of indebtedness purchased under this Act;
          [(7) pursue to final collection, by way of compromise 
        or other administrative action, prior to reference to 
        the Attorney General, all claims against third parties 
        assigned to him in connection with loans made or 
        evidences of indebtedness purchased under this Act. 
        This shall include authority to obtain deficiency 
        judgments or otherwise in the case of mortgages 
        assigned to the Secretary. Section 3709 of the Revised 
        Statutes, as amended (41 U.S.C. 5), shall not apply to 
        any contract of hazard insurance or to any purchase or 
        contract for services or supplies on account of 
        property obtained by the Secretary as a result of loans 
        made or evidences of indebtedness purchased under this 
        Act if the premium therefor or the amount thereof does 
        not exceed $1,000. The power to convey and to execute, 
        in the name of the Secretary, deeds of conveyance, 
        deeds of release, assignments and satisfactions of 
        mortgages, and any other written instrument relating to 
        real or personal property or any interest therein 
        acquired by the Secretary pursuant to the provisions of 
        this Act may be exercised by the Secretary or by any 
        officer or agent appointed by him for that purpose 
        without the execution of any express delegation of 
        power or power of attorney;
          [(8) acquire, in any lawful manner, any property 
        (real, personal, or mixed, tangible or intangible), 
        whenever deemed necessary or appropriate to the conduct 
        of the activities authorized in sections 201, 202, 301, 
        403, and 503 of this Act;
          [(9) in addition to any powers, functions, 
        privileges, and immunities otherwise vested in him, 
        take any and all actions, including the procurement of 
        the services of attorneys by contract, determined by 
        him to be necessary or desirable in making, purchasing, 
        servicing, compromising, modifying, liquidating, or 
        otherwise administratively dealing with or realizing on 
        loans made or evidences of indebtedness purchased under 
        this Act;
          [(10) employ experts and consultants or organizations 
        therefor as authorized by section 15 of the 
        Administrative Expenses Act of 1946 (5 U.S.C. 55a), 
        compensate individuals so employed at rates not in 
        excess of $100 per diem, including travel time, and 
        allow them, while away from their homes or regular 
        places of business, travel expenses (including per diem 
        in lieu of subsistence) as authorized by section 5 of 
        such Act (5 U.S.C. 73b-2) for persons in the Government 
        service employed intermittently, while so employed: 
        Provided, however, That contracts for such employment 
        may be renewed annually;
          [(11) sue and be sued in any court of record of a 
        State having general jurisdiction or in any United 
        States district court, and jurisdiction is conferred 
        upon such district court to determine such 
        controversies without regard to the amount in 
        controversy; but no attachment, injunction, 
        garnishment, or other similar process, mesne or final, 
        shall be issued against the Secretary or his property. 
        Nothing herein shall be construed to except the 
        activities under this Act from the application of 
        sections 507(b) and 2679 of title 28, United States 
        Code, and of section 367 of the Revised Statutes (5 
        U.S.C. 316); and
          [(12) establish such rules, regulations and 
        procedures as he may deem appropriate in carrying out 
        the provisions of this Act.

                   [prevention of unfair competition

  [Sec. 702. No financial assistance under this Act shall be 
extended to any project when the result would be to increase 
the production of goods, materials, or commodities, or the 
availability of services or facilities, when there is not 
sufficient demand for such goods, materials, commodities, 
services, or facilities, to employ the efficient capacity of 
existing competitive commercial or industrial enterprises.

                          [savings provisions

  [Sec. 703. (a) No suit, action, or other proceedings lawfully 
commenced by or against the Administrator or any other officer 
of the Area Redevelopment Administration in his official 
capacity or in relation to the discharge of his official duties 
under the Area Redevelopment Act, shall abate by reason of the 
taking effect of the provisions of this Act, but the court may, 
on motion or supplemental petition filed at any time within 
twelve months after such taking effect, showing a necessity for 
the survival of such suit, action, or other proceeding to 
obtain a settlement of the questions involved, allow the same 
to be maintained by or agianst the Secretary or the 
Administrator or such other officer of the Department of 
Commerce as may be appropriate.
  [(b) Except as may be otherwise expressly provided in this 
Act, all powers and authorities conferred by this Act shall be 
cumulative and additional to and not in derogation of any 
powers and authorities otherwise existing. All rules, 
regulations, orders, authorizations, delegations, or other 
actions duly issued, made, or taken by or pursuant to 
applicable law, prior to the effective date of this Act, by any 
agnecy, officer, or office pertaining to any functions, powers, 
and duties under the Area Redevelopment Act shall continue in 
full force and effect after the effective date of this Act 
until modified or rescinded by the Secretary or such other 
officer of the Department of Commerce as, in accordance with 
applicable law, may be appropriate.

 [transfer of functions, effective date, and limitations on assistance

  [Sec. 704. (a) The functions, powers, duties, and authorities 
and the assets, funds, contracts, loans, liabilities, 
commitments, authorizations, allocations, and records which are 
vested in or authorized to be transferred to the Secretary of 
the Treasury under section 29(b) of the Area Redevelopment Act, 
and all functions, powers, duties, and authorities under 
section 29(c) of the Area Redevelopment Act are hereby vested 
in the Secretary.
  [(b) The President may designate a person to act as 
Administrator under this Act until the office is filled as 
provided in this Act or until the expiration of the first 
period of sixty days following the effective date of this Act, 
which shall first occur. While so acting such person shall 
receive compensation at the rate provided by this Act for such 
office.
  [(c) The provisions of this Act shall take effect upon 
enactment unless herein explicity otherwise provided.
  [(d) Notwithstanding any requirements of this Act relating to 
the eligibility of areas, projects for which applications are 
pending before the Area Redevelopment Administration on the 
effective date of this Act shall for a period of one year 
thereafter be eligible for consideration by the Secretary for 
such assistance under the provisions of this Act as he may 
determine to be appropriate.
  [(e) No financial assistance authorized under this Act shall 
be used to finance the cost of facilities for the generation, 
transmission, or distribution of electrical energy, or to 
finance the cost of facilities for the production or 
transmission of gas (natural, manufactured, or mixed), except 
(1) for projects specifically authorized by Congress, and (2) 
for local projects for industrial parks and industrial or 
commercial areas in communities where the electrical energy or 
gas supply is, or is threatened to be interrupted or curtailed 
resulting in a loss of jobs, or where the purpose is to save 
jobs, or create new jobs, on condition that (A) the Secretary 
finds that project financing is not available from private 
lenders or other Federal agencies on terms which, in the 
opinion of the Secretary, will permit accomplishment of the 
project, and (B) the State or Federal regulatory body 
regulating such service determines that the facility to be 
financed will not compete with an existing public utility 
rendering such a service to the public at rates or charges 
subject to regulation by such State or Federal regulatory body, 
or if there is a determination of competition, the State or 
Federal regulatory body must make a determination that in the 
area to be served by the facility for which the financial 
assistance is to be extended there is a need for an increase in 
such service (taking into consideration reasonably forseeable 
future needs) which the existing public utility is not able to 
meet through its existing facilities or through an expansion 
which it agrees to undertake. Not more than $7,000,000 
approximated to carry out titles I and II of this Act may be 
expended annually for such projects.

                             [separability

  [Sec. 705. Notwithstanding any other evidence of the intent 
of Congress, it is hereby declared to be the intent of Congress 
that if any provision of this Act or the application thereof to 
any persons or circumstances shall be adjudged by any court of 
competent jurisdiction to be invalid such judgment shall not 
affect, impair, or invalidate the remainder of this Act or its 
application to other persons and circumstances, but shall be 
confined in its operation to the provision of this Act or the 
application thereof to the persons and circumstances directly 
involved in the controversy in which such judgment shall have 
been rendered.

                          [application of act

  [Sec. 706. As used in this Act, the terms ``State'', 
``States'', and ``United States'' include the several States, 
the District of Columbia, the Commonwealth of Puerto Rico, the 
Virgin Islands, Guam, and American Samoa.

                             [annual report

  [Sec. 707. The Secretary shall make a comprehensive and 
detailed annual report to the Congress of his operations under 
this Act for each fiscal year beginning with the fiscal year 
ending June 30, 1966. Such report shall be printed and shall be 
transmitted to the Congress not later than April 1 of the year 
following the fiscal year with respect to which such report is 
made.

                        [use of other facilities

  [Sec. 708. (a) The Secretary is authorized to delegate to the 
heads of other departments and agencies of the Federal 
Government any of the Secretary's functions, powers, and duties 
this Act as he may deem appropriate, and to authorize the 
redelegation of such functions, powers, and duties by the heads 
of such departments and agencies.
  [(b) Departments and agencies of the Federal Government shall 
exercise their powers, duties, and functions in such manner as 
will assist in carrying out the objectives of this Act.
  [(c) Funds authorized to be appropriated under this Act may 
be transferred between departments and agencies of the 
Government, if such funds are used for the purposes for which 
they are specifically authorized and appropriated.

                             [appropriation

  [Sec. 709. There are hereby authorized to be appropriated 
such sums as may be necessary to carry out those provisions of 
the Act for which specific authority for appropriations is not 
otherwise provided in this Act, except that there are hereby 
authorized to be appropriated to carry out those provisions of 
the Act for which specific authority for appropriations is not 
otherwise provided in this Act not to exceed $25,000,000 for 
the fiscal year ending September 30, 1982. Appropriations 
authorized under this Act shall remain available until expended 
unless otherwise provided by appropriations Acts.

                               [penalties

  [Sec. 710. (a) Whoever makes any statement knowing it to be 
false, or whoever will fully overvalues any security, for the 
purpose of obtaining for himself or for any applicant any 
financial assistance under section 101, 201, or 403 or any 
extension thereof by renewal, deferment or action, or 
otherwise, or the acceptance, release, or substitution of 
security therefor, or for the purpose of influencing in any way 
the action of the Secretary or for the purpose of obtaining 
money, property, or anything of value, under this Act, shall be 
punished by a fine of not more than $10,000 or by imprisonment 
for not more than five years, or both.
  [(b) Whoever, being connected in any capacity with the 
Secretary, in the administration of this Act (1) embezzles, 
abstracts, purloins, or willfully misapplies any moneys, funds, 
securities, or other things of value, whether belonging to him 
or pledged or otherwise entrusted to him, or (2) with intent to 
defraud the Secretary or any other body politic or corporate, 
or any individual, or to deceive any officer, auditor, or 
examiner, makes any false entry in any book, report or 
statement of or to the Secretary, or without being duly 
authorized draws any orders of issues, puts forth, or assigns 
any note, debenture, bond, or other obligation, or draft, bill 
of exchange, mortgage, judgment, or decree thereof, or (3) with 
intent to defraud participates or shares in or receives 
directly or indirectly any money, profit, property, or benefit 
through any transaction, loan, grant, commission, contract, or 
any other act of the Secretary, or (4) gives any unauthorized 
information concerning any future action of plan of the 
Secretary which might affect the value of securities, or having 
such knowledge invests or speculates, directly or indirectly, 
in the securities or property of any company or corporation 
receiving loans, grants, or other assistance from the 
Secretary, shall be punished by a fine of not more than $10,000 
or by imprisonment for not more than five years, or both.

         [employment of expediters and administrative employees

  [Sec. 711. No financial assistance shall be extended by the 
Secretary under section 101, 201, 202, or 403 to any business 
enterprise unless the owners, partners, or officers of such 
business enterprise (1) certify to the Secretary the names of 
any attorneys, agents, and other persons engaged by or on 
behalf of such business enterprise for the purpose of 
expediting applications made to the Secretary for assistance of 
any sort, under this Act, and the fees paid or to be paid to 
any such person; and (2) execute an agreement binding such 
business enterprise, for a period of two years after such 
assistance is rendered by the Secretary to such business 
enterprise, to refrain from employing tendering any office or 
employment to, or retaining for professional services, any 
person who, on the date such assistance or any part thereof was 
rendered, or within one year prior thereto, shall have served 
as an officer, attorney, agent, or employee, occupying a 
position or engaging in activities which the Secretary shall 
have determined involve discretion with respect to the granting 
of assistance under this Act.

              [prevailing rate of wage and forty-hour week

  [Sec. 712. All laborers and mechanics employed by contractors 
or subcontractors on projects assisted by the Secretary under 
this Act shall be paid wages at rates not less than those 
prevailing on similar construction in the locality as 
determined by the Secretary of Labor in accordance with the 
Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5). The 
Secretary shall not extend any financial assistance under 
sections 101, 201, 202, 403, 903, and 1003, for such project 
without first obtaining adequate assurance that these labor 
standards will be maintained upon the construction work. The 
Secretary of Labor shall have, with respect to the labor 
standards specified in this provision, the authority and 
functions set forth in Reorganization Plan Numbered 14 of 1950 
(15 F.R. 3176; 64 Stat. 1267; 5 U.S.C. 133z-15), and section 2 
of the Act of June 13, 1934, as amended (40 U.S.C. 276c).

                        [record of applications

  [Sec. 713. The Secretary shall maintain as a permanent part 
of the records of the Department of Commerce a list of 
applications approved for financial assistance under section 
101, 201, 202, or 403, which shall be kept available for public 
inspection during the regular business hours of the Department 
of Commerce. The following information shall be posted in such 
list as soon as each application is approved; (1) the name of 
the applicant and, in the case of corporate applications, the 
names of the officers and directors thereof, (2) the amount and 
duration of the loan or grant for which application is made, 
(3) the purposes for which the proceeds of the loan or grant 
are to be used, and (4) a general description of the security 
offered in the case of a loan.

                           [records and audit

  [Sec. 714. (a) Each recipient of assistance under this Act 
shall keep such records as the Secretary shall prescribe, 
including records which fully disclose the amount and the 
disposition by such recipient of the proceeds of such 
assistance the total cost of the project or undertaking in 
connection with which such assistance is given or used, and the 
amount and nature of that portion of the cost of the project or 
undertaking supplied by other sources, and such other records 
as will facilitate an effective audit.
  [(b) The Secretary and the Comptroller General of the United 
States, or any of their duly authorized representatives, shall 
have access for the purpose of audit and examination to any 
books, documents, papers, and records of the recipient that are 
pertinent to assistance received under this Act.

                         [conforming amendment

  [Sec. 715. All benefits heretofore specially made available 
(and not subsequently revoked) under other Federal programs to 
persons or to public or private organizations, corporations, or 
entities in areas designated by the Secretary as 
``redevelopment areas'' under section 5 of the Area 
Redevelopment Act, are hereby also extended, insofar as 
practicable, to such areas as may be designated as 
``redevelopment areas'' or ``economic development centers'' 
under the authority of section 401 or 403 of this Act: 
Provided, however, That this section shall not be construed as 
limiting such administrative discretion as may have been 
conferred under any other law.
  [Sec. 716. All financial and technical assistance authorized 
under this Act shall be in addition to any Federal assistance 
previously authorized, and no provision hereof shall be 
construed as authorizing or permitting any reduction or 
diminution in the proportional amount of Federal assistance to 
which any State or other entity eligible under this Act would 
otherwise be entitled under the provisions of any other Act.

           [TITLE VIII--ECONOMIC RECOVERY FOR DISASTER AREAS

                           [purpose of title

  [Sec. 801. (a) It is the purpose of this title to provide 
assistance for the economic recovery, after the period of 
emergency aid and replacement of essential facilities and 
services, of any major disaster area which has suffered a 
dislocation of its economy of sufficient severity to require 
(1) assistance in planning for development to replace that lost 
in the major disaster; (2) continued coordination of assistance 
available under Federal-aid programs; and (3) continued 
assistance toward the restoration of the employment base.
  [(b) As used in this title, the term ``major disaster'' means 
a major disaster declared by the President in accordance with 
the Disaster Relief and Emergency Assistance Act.

                      [disaster recovery planning

  [Sec. 802. (a)(1) In the case of any area affected by a major 
disaster the Governor may request the President for assistance 
under this title. The Governor, within thirty days after 
authorization of such assistance by the President, shall 
designate a Recovery Planning Council for such area or for each 
part thereof.
  [(2) Such Recovery Planning Council shall be composed of not 
less than five members, a majority of whom shall be local 
elected officials of political subdivisions within the affected 
areas, at least one representative of the State, and a 
representative of the Federal Government appointed by the 
President in accordance with paragraph (3) of this subsection. 
During the major disaster, the Federal coordinating officer 
shall also serve on the Recovery Planning Council.
  [(3) The Federal representative on such Recovery Planning 
Council may be the Chairman of the Federal Regional Council for 
the affected area, or a member of the Federal Regional Council 
designated by the Chairman of such Regional Council. The 
Federal representative on such Recovery Planning Council may be 
the Federal Cochairman of the Regional Commission established 
pursuant to title V of this Act, or the Appalachian Regional 
Development Act of 1965, or his designee, where all of the area 
affected by a major disaster is within the boundaries of such 
Commission.
  [(4) The Governor may designate an existing 
multijurisdictional organization as the Recovery Planning 
Council where such organization complies with paragraph (2) of 
this subsection with the addition of State and Federal 
representatives except that if all or part of an area affected 
by a major disaster is within the jurisdiction of an existing 
multijurisdictional organization established under title VI of 
this Act or title III of the Appalachian Regional Development 
Act of 1965, such organization, with the addition of State and 
Federal representatives in accordance with paragraph (2) of 
this subsection, shall be designated by the Governor as the 
Recovery Planning Council. In any case in which such title III 
or IV organizations is designated as the Recovery Planning 
Council under this paragraph, some local elected officials of 
political subdivisions within the affected areas must be 
appointed to serve on such Recovery Planning Council. Where 
possible, the organization designated as the Recovery Planning 
Council shall be or shall be subsequently designated as the 
appropriate agency required by section 204 of the Demonstration 
Cities and Metropolitan Development Act of 1966 (42 U.S.C. 
3334) and by the Intergovernmental Cooperation Act of 1968 
(Public Law 90-577; 82 Stat. 1098).
  [(5) The Recovery Planning Council shall include private 
citizens as members to the extent feasible, and shall provide 
for and encourage public participation in its deliberations and 
decisions.
  [(b) The Recovery Planning Council (1) shall review existing 
plans for the affected area; and (2) may recommend to the 
Governor and responsible local governments such revisions as it 
determines necessary for the economic recovery of the area, 
including the development of new plans and the preparation of a 
recovery investment plan for the 5-year period following the 
declaration of the major disaster. The Recovery Planning 
Council shall accept as one element of the recovery investment 
plans determinations made under section 406(c) of the Disaster 
Relief and Emergency Assistance Act.
  [(c)(1) A recovery investment plan prepared by a Recovery 
Planning Council may recommend the revision, deletion, 
reprogramming, or additional approval of Federal-aid projects 
and programs within the area--
          [(A) for which application has been made but approval 
        not yet granted;
          [(B) for which funds have been obligated or approval 
        granted but construction not yet begun;
          [(C) for which funds have been or are scheduled to be 
        apportioned within the five years after the declaration 
        of the disaster;
          [(D) which may otherwise be available to the area 
        under any State schedule or revised State schedule of 
        priorities; or
          [(E) which may reasonably be anticipated as becoming 
        available under existing programs.
  [(2) Upon the recommendation of the Recovery Planning Council 
and the request for the Governor, any funds for projects or 
programs identified pursuant to paragraph (1) of this 
subsection may, to any extent consistent with appropriation 
Acts, be placed in reserve by the responsible Federal agency 
for use in accordance with such recommendations. Upon the 
request of the Governor and with the concurrence of affected 
local governments, such funds may be transferred to the 
Recovery Planning Council to be expended in the implementation 
of the recovery investment plan, except that no such transfer 
may be made unless such expenditure is for a project or program 
for which such funds originally were made available by an 
appropriation Act.

       [public works and development facilities grants and loans

  [Sec. 803. (a) The President is authorized to provide funds 
to any Recovery Planning Council for the implementation of a 
recovery investment plan by public bodies. Such funds may be 
used--
          [(1) to make loans for the acquisition or development 
        of land and improvements for public works, public 
        service, or development facility usage, including the 
        acquisition or development of parks or open spaces, and 
        the acquisition, construction, rehabilitation, 
        alteration, expansion, or improvement of such 
        facilities, including related machinery and equipment, 
        and
          [(2) to make supplementary grants to increase the 
        Federal share for projects for which funds are reserved 
        pursuant to subsection (c)(2) of section 802 of this 
        Act, or other Federal-aid projects in the affected 
        area.
  [(b) Grants and loans under this section may be made to any 
State, local government, or private or public nonprofit 
organization representing any area or part thereof affected by 
a major disaster.
  [(c) No supplementary grant shall increase the Federal share 
of the cost of any project to greater than 90 per centum, 
except in the case of a grant for the benefit of Indians or 
Alaska Natives, or in the case of any State or local government 
which the President determines has exhausted its effective 
taxing and borrowing capacity.
  [(d) Loans under this section shall bear interest at a rate 
determined by the Secretary of the Treasury taking into 
consideration the current average market yield on outstanding 
marketable obligations of the United States with remaining 
periods to maturity comparable to the average maturities of 
such loans, adjusted to the nearest one-eighth of 1 per centum 
per annum.
  [(e) Financial assistance under this title shall not be 
extended to assist establishments relocating from one area to 
another or to assist subcontractors whose purpose is to divest, 
or whose economic success is dependent upon divesting, other 
contractors or subcontractors of contracts therefore 
customarily performed by them. Such limitations shall not be 
construed to prohibit assistance for the expansion of an 
existing business entity through the establishment of a new 
branch, affiliate, or subsidiary of such entity if the 
Secretary of Commerce finds that the establishment of such 
branch, affiliate, or subsidiary will not result in an increase 
in unemployment of the area of original location or in any 
other area where such entity conducts business operations, 
unless the Secretary has reason to believe that such branch, 
affiliate, or subsidiary is being established with the 
intention of closing down the operations of the existing 
business entity in the area of its original location or in any 
other area where it conducts such operations.

                            [loan guarantees

  [Sec. 804. The President is authorized to provide funds to 
Recovery Planning Councils to guarantee loans made to private 
borrowers by private lending institutions (1) to aid in 
financing any project within any area affected by a major 
disaster for the purchase or development of land and facilities 
(including machinery and equipment) for industrial or 
commercial usage including the construction of new buildings, 
and rehabilitation of abandoned or unoccupied buildings, and 
the alteration, conversion or enlargement of existing buildngs; 
and (2) for working capital in connection with projects in 
areas assisted under paragraph (1), upon application of such 
institution and upon such terms and conditions as the President 
may prescribe. No such gurantee shall at any time exceed 90 per 
centum of the amount of the outstanding unpaid balance of such 
loan.

                         [technical assistance

  [Sec. 805. (a) In carrying out the purposes of this title the 
President is authorized to provide technical assistance which 
would be useful in facilitating economic recovery in areas 
affected by major disasters. Such assistance shall include 
project planning and feasibility studies, management and 
operational assistance, and studies evaluating the needs of, 
and developing potentialities for, economic recovery of such 
areas. Such assistance may be provided by the President 
directly, through the payment of funds authorized for this 
title to other departments or agencies of the Federal 
Government, through the employment of private individuals, 
partnerships, firms, corporations or suitable institutions, 
under contracts entered into for such purposes, or through 
grants-in-aid to appropriate public or private non-profit 
State, area, district, or local organization.
  [(b) The President is authorized to make grants to defray not 
to exceed 75 per centum of the administrative expenses of 
Recovery Planning Councils designated pursuant to section 802 
of this Act. In determining the amount of the non-Federal share 
of such costs or expenses, the President shall give due 
consideration to all contributions both in cash and in kind, 
fairly evaluated including but not limited to space, equipment, 
and services. Where practicable, grants-in-aid authorized under 
this subsection shall be used in conjunction with other 
available planning grants, to assure adequate and effective 
planning and economical use of funds.

   [TITLE IX--SPECIAL ECONOMIC DEVELOPMENT AND ADJUSTMENT ASSISTANCE

                                [purpose

  [Sec. 901. It is the purpose of this title to provide special 
economic development and adjustment assistance programs to help 
State and local areas meet special needs arising from actual or 
threatened severe unemployment arising from economic 
dislocation, including unemployment arising from actions of the 
Federal Government and from compliance with environmental 
requirements which remove economic activities from a locality, 
and economic adjustment problems resulting from severe changes 
in economic conditions (including long-term economic 
deterioration), and to encourage cooperative intergovernmental 
action to prevent or solve economic adjustment problems. 
Nothing in this title is intended to replace the efforts of the 
economic adjustment program of the Department of Defense.

                              [definition

  [Sec. 902. As used in this title, the term ``eligible 
recipient'' means a redevelopment area or economic development 
district established under title IV of this Act, an Indian 
tribe, a State, a city or other political subdivision of a 
State, or consortium of such political subdivisions.

                          [grants by secretary

  [Sec. 903. (a)(1) The Secretary is authorized to make grants 
directly to any eligible recipient in an area (A) which the 
Secretary has determined has experienced, or may reasonably be 
foreseen to be about to experience, a special need to meet an 
expected rise in unemployment, or other economic adjustment 
problems (including those caused by any action or decision of 
the Federal Government), or (B) which the Secretary determines 
has demonstrated long-term economic deterioration, to carry out 
or develop a plan which meets the requirements of subsection 
(b) of this section and which is approved by the Secretary, to 
use such grants for any of the following: public facilities, 
public services, business development, planning, unemployment 
compensation (in accordance with subsection (d) of this 
section), rent supplements, mortgage payment assistance, 
research, technical assistance, training, relocation of 
individuals and businesses, and other assistance which 
demonstrably furthers the economic adjustment objectives of 
this title.
  [(2)(A) Such grants may be used in direct expenditures by the 
eligible recipient or through redistribution by it to public 
and private entities in grants, loans, loan guarantees, 
payments to reduce interest on loan guarantees, or other 
appropriate assistance, but no grant shall be made by an 
eligible recipient to a private profitmaking entity.
  [(B) Grants for unemployment compensation shall be made to 
the State. Grants for any other purpose shall be made to any 
appropriate eligible recipient capable of carrying out such 
purpose.
  [(b) No plan shall be approved by the Secretary under this 
section unless such plan shall--
          [(1) identify each economic development and 
        adjustment need of the area for which assistance is 
        sought under this title;
          [(2) describe each activity planned to meet each such 
        need;
          [(3) explain the details of the method of carrying 
        out each such planned activity;
          [(4) contain assurances satisfactory to the Secretary 
        that the proceeds from the repayment of loans made by 
        the eligible recipient with funds granted under this 
        title will be used for economic adjustment; and
          [(5) be in such form and contain such additional 
        information as the Secretary shall prescribe.
  [(c) The Secretary to the extent practicable shall coordinate 
his activities in requiring plans and making grants and loans 
under this title with regional commissions, States, economic 
development districts and other appropriate planning and 
development organizations.
  [(d) In each case in which the Secretary determines a need 
for assistance under subsection (a) of this section due to an 
increase in unemployment and makes a grant under this section, 
the Secretary may transfer funds available for such grant to 
the Secretary of Labor and the Secretary of Labor is authorized 
to provide to any individual unemployed as a result of the 
dislocation for which such grant is made, such assistance as he 
deems appropriate while the individual is unemployed. Such 
assistance as the Secretary of labor may provide shall be 
available to an individual not otherwise disqualified under 
State law for unemployment compensation benefits, as long as 
the individual's unemployment caused by the dislocation 
continues or until the individual is reemployed in a suitable 
position, but no longer than one year after the unemployment 
commences. Such assistance for a week of employment shall not 
exceed the maximum weekly amount authorized under the 
unemployment compensation law of the State in which the 
dislocation occurred, and the amount of assistance under this 
subsection shall be reduced by any amount of unemployment 
compensation or of private income protection insurance 
compensation available to such individual for such week of 
employment. The Secretary of Labor is directed to provide such 
assistance through agreements with States which, in his 
judgment, have an adequate system for administering such 
assistance through existing State agencies.

                        [reports and evaluation

  [Sec. 904. (a) Each eligible recipient which receives 
assistance under this title shall annually during the period 
such assistance continues make a full and complete report to 
the Secretary, in such manner as the Secretary shall prescribe, 
and such report shall contain an evaluation of the 
effectiveness of the economic assistance provided under this 
title in meeting the need it was designed to alleviate and the 
purposes of this title.
  [(b) The Secretary shall include in the annual report 
pursuant to section 707 of this Act a consolidated report with 
his recommendations, if any, on the assistance authorized under 
this title, in a form which he deems appropriate.

                    [authorization of appropriations

  [Sec. 905. There is authorized to be appropriated to carry 
out this title not to exceed $75,000,000 for the fiscal year 
ending June 30, 1975, and $100,000,000 for the fiscal year 
ending June 30, 1976, not to exceed $25,000,000 for the 
transition quarter ending September 30, 1976, and not to exceed 
$100,000,000 per fiscal year for the fiscal years ending 
September 30, 1977, September 30, 1978, September 30, 1979, 
September 30, 1980, and September 30, 1981, and not to exceed 
$33,000,000 for the fiscal year ending September 30, 1982.

                  [TITLE X--JOB OPPORTUNITIES PROGRAM

                         [statement of purpose

  [Sec. 1001. It is the purpose of this title to provide 
emergency financial assistance to stimulate, maintain or expand 
job creating activities in areas, both urban and rural, which 
are suffering from unusually high levels of unemployment.

                              [definitions

  [Sec. 1002. For the purpose of this title the term ``eligible 
area'' means any area, which the Secretary of Labor designates 
as an area which has a rate of unemployment equal to or in 
excess of 7 per centum for the most recent calendar quarter or 
any area designated pursuant to section 204(c) of the 
Comprehensive Employment and Training Act of 1973 which has 
unemployment equal to or in excess of 7 per centum with special 
consideration given to areas with unemployment rates above the 
national average.

                          [program authorized

  [Sec. 1003. (a) To carry out the purposes of this title, the 
Secretary of Commerce, in accordance with the provisions of 
this title, is authorized from funds appropriated and made 
available under section 1007 of this title to provide financial 
assistance to programs and projects identified through the 
review process described in section 1004 to expand or 
accelerate the job creating impact of such programs or projects 
for unemployed persons in eligible areas. Programs and projects 
for which funds are made available under this title shall not 
be approved until the officials of the appropriate units of 
general government in the affected areas have an adequate 
opportunity to comment on the specific proposal.
  [(b) Whenever funds are made available by the Secretary of 
Commerce under this title for any progam or project, the head 
of the department, agency, or instrumentality of the Federal 
Government administering the law authorizing such assistance 
shall, except as otherwise provided in this subsection, 
administer the law authorizing such assistance in accordance 
with all applicable provisions of that law, except provisions 
relating to--
          [(1) requiring allocation of funds among the States,
          [(2) limits upon the total amount of such grants for 
        any period, and
          [(3) the Federal contribution to any State or local 
        government, whenever the President or head of such 
        department, agency, or instrumentality of the Federal 
        Government determines that any non-Federal contribution 
        cannot reasonably be obtained by the State or local 
        government concerned.
  [(c) Where necessary to effectively carry out the purposes of 
this title, the Secretary of Commerce is authorized to assist 
eligible areas in making applications for grants under this 
title.
  [(d) Notwithstanding any other provisions of this title, 
funds allocated by the Secretary of Commerce shall be available 
only for a program or project which the Secretary indentifies 
and selects pursuant to this subsection, and which can be 
initiated or implemented promptly and substantially completed 
within twelve months after allocation is made. In identifying 
and selecting programs and projects pursuant to this 
subsection, the Secretary shall (1) give priority to programs 
and projects which are most effective in creating and 
maintaining productive employment, including permanent and 
skilled employment measured as the amount of such direct and 
indirect employment generated or supported by the additional 
expenditures of Federal funds under this title, and (2) 
consider the appropriations of the proposed activity to the 
number and needs of unemployed persons in the eligible area.
  [(e)(1) The Secretary, if the national unemployment rate is 
equal to or exceeds 7 per centum for the most recent calendar 
quarter, shall expedite and give priority to grant applications 
submitted for such areas having unemployment in excess of the 
national average rate of unemployment for the most recent 
calendar quarter. Seventy per centum of the funds appropriated 
pursuant to this title shall be available only for grants in 
areas as defined in the first sentence of this subsection.
  [(2) Not more than 15 per centum of all amounts appropriated 
to carry out this title shall be available under this title for 
projects or programs within any one State, except that in the 
case of Guam, Virgin Islands, and American Samoa, not less than 
one-half of 1 per centum in the aggregate shall be available 
for such projects or programs.

                            [program review

  [Sec. 1004. (a) Within forty-five days after any funds are 
appropriated to the Secretary to carry out the purposes of this 
title, after the date of enactment of the Public Works and 
Economic Development Act Amendments of 1976, each department, 
agency, or instrumentality of the Federal Government, each 
regional commission established by section 101 of the 
Appalachian Regional Development Act of 1965 or pursuant to 
section 502 of this Act, shall (1) complete a review of its 
budget, plans, and programs and including State, substate, and 
local development plans filed with such department, agency or 
commission; (2) evaluate the job creation effectiveness of 
programs and projects for which funds are proposed to be 
obligated in the calendar year and additional programs and 
projects (including new or revised programs and projects 
submitted under subsection (b) for which funds could be 
obligated in such year with Federal financial assistance under 
this title; and (3) submit to the Secretary of Commerce 
recommendations for programs and projects which have the 
greatest potential to stimulate the creation of jobs for 
unemployed persons in eligible areas. Within forty-five days of 
the receipt of such recommendations the Secretary of Commerce 
shall review such recommendations, and after consultation with 
such department, agency, instrumentality, regional commission, 
State, or local government make allocations of funds in 
accordance with section 1003(d) of this title.
  [(b) States and political subdivisions in any eligible area 
may, pursuant to subsection (a), submit to the appropriate 
department, agency, or instrumentality of the Federal 
Government (or regional commission) program and project 
applications for Federal financial assistance provided under 
this title.
  [(c) The Secretary, in reviewing programs and projects 
recommended for any eligible area shall give priority to 
programs and projects originally sponsored by States and 
political subdivisions, including, but not limited to, new or 
revised programs and projects submitted in accordance with this 
section.

                         [rules and regulations

  [Sec. 1005. The Secretary of Commerce shall prescribe such 
rules, regulations, and procedures to carry out the provisions 
of this title as will assure that adequate consideration is 
given to the relative needs of applicants for assistance in 
rural eligible areas and the relative needs of applicants for 
assistance in urban eligible areas and to any equitable 
distribution of funds authorized under this title between rural 
and urban eligible applicants unless this would require project 
grants to be made in areas which do not meet the criteria of 
this title.

                    [authorization of appropriations

  [Sec. 1006. (a) There are hereby authorized to be 
appropriated to carry out the provisions of this title 
$81,250,000 for each calendar quarter of a fiscal year during 
which the national average unemployment is equal to or exceeds 
7 per centum on the average. No further appropriations of funds 
is authorized under this section if a determination is made 
that the national average rate of unemployment has receded 
below an average of 7 per centum for the most recent calendar 
quarter as determined by the Secretary of Labor.
  [(b) Funds authorized by subsecton (a) are available for 
grants by the Secretary when the national average unemployment 
is equal to or in excess of an average of 7 per centum for the 
most recent calendar quarter. If the national average 
unemployment rate recedes below an average of 7 per centum for 
the most recent calendar quarter, the authority of the 
Secretary to make grants or obligate funds under this title is 
terminated. Grants may not be made until the national average 
unemployment has equalled or exceeded an average of 7 per 
centum for the most recent calendar quarter.
  [(c) Funds authorized to carry out this title shall be in 
addition to, and not in lieu of, any amounts authorized by 
other provisions of law.

                           [termination date

  [Sec. 1007. Notwithstanding any other provision of this 
title, no further obligations of funds appropriated under this 
title shall be made by the Secretary of Commerce after 
September 30, 1981.

                          [construction costs

  [Sec. 1008. No program or project originally approved for 
funds under an existing program shall be determined to be 
ineligible for Federal financial assistance under this title 
solely because of increased construction costs.]
                              ----------                              


                   EXPORT ADMINISTRATION ACT OF 1979

                       national security controls

  Sec. 5. (a) * * *
          * * * * * * *
  (f) Foreign Availability.--
          (1) * * *
          * * * * * * *
          [(6) Office of foreign availability.--The Secretary 
        shall establish in the Department of Commerce an Office 
        of Foreign Availability, which shall be under the 
        direction of the Under Secretary of Commerce for Export 
        Administration. The Office shall be responsible for 
        gathering and analyzing all the necessary information 
        in order for the Secretary to make determinations of 
        foreign availability under this Act. The Secretary 
        shall make available to the Committee on Foreign 
        Affairs of the House of Representatives and the 
        Committee on Banking, Housing, and Urban Affairs of the 
        Senate at the end of each 6-month period during a 
        fiscal year information on the operations of the 
        Office, and on improvements in the Government's ability 
        to assess foreign availability, during that 6-month 
        period, including information on the training of 
        personnel, the use of computers, and the use of 
        Commercial Service Officers of the United States and 
        Foreign Commercial Service. Such information shall also 
        include a description of representative determinations 
        made under this Act during that 6-month period that 
        foreign availability did or did not exist (as the case 
        may be), together with an explanation of such 
        determinations.]
          * * * * * * *

                administrative and regulatory authority

  Sec. 15. [(a) Under Secretary of Commerce.--The President 
shall appoint, by and with the advice and consent of the 
Senate, an Under Secretary of Commerce for Export 
Administration who shall carry out all functions of the 
Secretary under this Act and such other statutes that relate to 
national security which were delegated to the office of the 
Assistant Secretary of Commerce for Trade Administration before 
the date of the enactment of the Export Administration 
Amendments Act of 1985, and such other functions under this Act 
which were delegated to such office before such date of 
enactment, as the Secretary may delegate. The President shall 
appoint, by and with the advice and consent of the Senate, two 
Assistant Secretaries of Commerce to assist the Under Secretary 
in carrying out such functions.]
          * * * * * * *
                              ----------                              


              SECTION 2502 OF TITLE 10, UNITED STATES CODE

Sec. 2502. National Defense Technology and Industrial Base Council

  (a) Establishment.--There is a National Defense Technology 
and Industrial Base Council.
  (b) Composition.--The Council is composed of the following 
members:
          (1) The Secretary of Defense, who shall serve as 
        chairman.
          (2) The Secretary of Energy.
          [(3) The Secretary of Commerce.]
          [(4)] (3) The Secretary of Labor.
          [(5)] (4) Such other officials as may be determined 
        by the President.
          * * * * * * *
                              ----------                              


                         ACT OF OCTOBER 8, 1982

       [Commonly known as the Export Trading Company Act of 1982]

An Act to encourage exports by facilitating the formation and operation 
    of export trading companies, export trade associations, and the 
             expansion of export trade services generally.

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

                      [TITLE I--GENERAL PROVISIONS

                              [short title

  [Sec. 101. This title may be cited as the ``Export Trading 
Company Act of 1982''.

                   [findings; declaration of purpose

    [Sec. 102. (a) The Congress finds that--
          [(1) United States exports are responsible for 
        creating and maintaining one out of every nine 
        manufacturing jobs in the United States and for 
        generating one out of every seven dollars of total 
        United States goods produced;
          [(2) the rapidly growing service-related industries 
        are vital to the well-being of the United States 
        economy inasmuch as they create jobs for seven out of 
        every ten Americans, provide 65 per centum of the 
        Nation's gross national product, and offer the greatest 
        potential for significantly increased industrial trade 
        involving finished products;
          [(3) trade deficits contribute to the decline of the 
        dollar on international currency markets and have an 
        inflationary impact on the United States economy;
          [(4) tens of thousands of small- and medium-sized 
        United States businesses produce exportable goods and 
        services but do not engage in exporting;
          [(5) although the United States is the world's 
        leading agricultural exporting nation, many farm 
        products are not marketed as widely and effectively 
        abroad as they could be through export trading 
        companies;
          [(6) export trade services in the United States are 
        fragmented into a multitude of separate functions, and 
        companies attempting to offer export trade services 
        lack financial leverage to reach a significant number 
        of potential United States exporters;
          [(7) the United States needs well-developed export 
        trade intermediaries which can achieve economies of 
        scale and acquire expertise enabling them to export 
        goods and services profitably, at low per unit cost to 
        producers;
          [(8) the development of export trading companies in 
        the United States has been hampered by business 
        attitudes and by Government regulations;
          [(9) those activities of State and local governmental 
        authorities which initiates, facilitate, or expand 
        exports of goods and services and be an important 
        source for expansion of total United States exports, as 
        well as for experimentation in the development of 
        innovative export programs keyed to local, State, and 
        regional economic needs;
          [(10) if United States trading companies are to be 
        successful in promoting United States exports and in 
        competing with foreign trading companies, they should 
        be able to draw on the resources, expertise, and 
        knowledge of the United States banking system, both in 
        the United States and abroad; and
          [(11) the Department of Commerce is responsible for 
        the development and promotion of United States exports, 
        and especially for facilitating the export of finished 
        products by United States manufacturers.
    [(b) It is the purpose of this Act to increase United 
States exports of products and services by encouraging more 
efficient provision of export trade services to United States 
producers and suppliers, in particular by establishing an 
office within the Department of Commerce to promote the 
formation of export trade associations and export trading 
companies, by permitting bank holding companies, bankers' 
banks, and Edge Act corporations and agreement corporations 
that are subsidiaries of bank holding companies to invest in 
export trading companies, by reducing restrictions on trade 
financing provided by financial institutions, and by modifying 
the application of the antitrust laws to certain export trade.

                              [definitons

    [Sec. 103. (a) For purposes of this title--
          [(1) the term ``export trade'' means trade or 
        commerce in goods or services produced in the United 
        States which are exported, or in the course of being 
        exported, from the United States to any other country;
          [(2) the term ``services'' includes, but is not 
        limited to, accounting, amusement, architectural, 
        automatic data processing, business, communications, 
        construction franchising and licensing, consulting, 
        engineering, financial, insurance, legal, management, 
        repair, tourism, training, and transportation services;
          [(3) the term ``export trade services'' includes, but 
        is not limited to, consulting, international market 
        research, advertising, marketing, insurance, product 
        research and design, legal assistance, transportation, 
        including trade documentation and freight forwarding, 
        communication and processing of foreign orders to and 
        for exporters and foreign purchasers, warehousing, 
        foreign exchange, financing, and taking title to goods, 
        when provided in order to facilitate the export of 
        goods or services produced in the United States;
          [(4) the term ``export trading company'' means a 
        person, partnership, association, or similar 
        organization, whether operated for profit or as a 
        nonprofit organization, which does business under the 
        laws of the United States or any State an which is 
        organized and operated principally for purposes of--
                  [(A) exporting goods or services produced in 
                the United States; or
                  [(B) facilitating the exportation of goods or 
                services produced in the United States by 
                unaffiliated persons by providing one or more 
                export trade services;
          [(5) the term ``State'' means any of the several 
        States of the United States, the District of Columbia, 
        the Commonwealth of Puerto Rico, the Virgin Islands, 
        American Samoa, Guam, the Commonwealth of the Northern 
        Mariana Islands, and the Trust Territory of the Pacific 
        Islands;
          [(6) the term ``United States'' means the several 
        States of the United States, the District of Columbia, 
        the Commonwealth of Puerto Rico, the Virgin Islands, 
        American Samoa, Guam, the Commonwealth of the Northern 
        Mariana Islands, and the Trust Territory of the Pacific 
        Islands; and
          [(7) the term ``antitrust laws'' means the antitrust 
        laws as defined in subsection (a) of the first section 
        of the Clayton Act (15 U.S.C. 12(a)), section 5 of the 
        Federal Trade Commission Act (15 U.S.C. 45) to the 
        extent that section 5 applies to unfair methods of 
        competition, and any State antitrust or unfair 
        competition law.
    [(b) The Secretary of Commerce may by regulation further 
define any term defined in subsection (a), in order to carry 
out this title.

           [office of export trade in department of commerce

    [Sec. 104. The Secretary of Commerce shall establish within 
the Department of Commerce an office to promote and encourage 
to the greatest extent feasible the formation of export trade 
associations and export trading companies. Such office shall 
provide information and advice to interested persons and shall 
provide a referral service to facilitate contact between 
producers of exportable goods and services and firms offering 
export trade services. The office shall establish a program to 
encourage and assist the operation of other export 
intermediaries, including existing and newly formed export 
management companies.]
          * * * * * * *

             TITLE III--EXPORT TRADE CERTIFICATES OF REVIEW

   export trade promotion duties of secretary of [commerce] treasury

  Sec. 301. To promote and encourage export trade, the 
Secretary may issue certificates of review and advise and 
assist any person with respect to applying for certificates of 
review.
          * * * * * * *

                              definitions

  Sec. 311. As used in this title--
          (1) the term ``export trade'' means trade or commerce 
        in goods, wares, merchandise, or services exported, or 
        in the course of being exported, from the United States 
        or any territory thereof to any foreign nation,
          * * * * * * *
          (7) the term ``Secretary'' means the Secretary of 
        [Commerce] Treasury or his designee, and
          * * * * * * *
                              ----------                              


                      TITLE 35, UNITED STATES CODE

                  PART I--PATENT AND TRADEMARK OFFICE

          * * * * * * *

             CHAPTER 1--ESTABLISHMENT, OFFICERS, FUNCTIONS

          * * * * * * *

Sec. 1. Establishment

  [The Patent and Trademark Office shall continue as an office 
in the Department of Commerce, where records, books, drawings, 
specifications, and other papers and things pertaining to 
patents and to trademark registrations shall be kept and 
preserved, except as otherwise provided by law.]

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.
          * * * * * * *

Sec. 3. Officers and employees

  (a) There shall be in the Patent and Trademark Office a 
Commissioner of Patents and Trademarks, a Deputy Commissioner, 
two Assistant Commissioners, and examiners-in-chief appointed 
under section 7 of this title. The Deputy Commissioner, or, in 
the event of a vacancy in that office, the Assistant 
Commissioner senior in date of appointment shall fill the 
office of Commissioner during a vacancy in that office until 
the Commissioner is appointed and takes office. The 
Commissioner of Patents and Trademarks, the Deputy 
Commissioner, and the Assistant Commissioners shall be 
appointed by the President, by and with the advice and consent 
of the Senate. The [Secretary of Commerce] Attorney General, 
upon the nomination of the Commissioner, in accordance with law 
shall appoint all other officers and employees.
  (b) The [Secretary of Commerce] Attorney General may vest in 
himself the functions of the Patent and Trademark Office and 
its officers and employees specified in this title and may from 
time to time authorize their performance by any other officer 
or employee.
  (c) The [Secretary of Commerce] Attorney General is 
authorized to fix the per annum rate of basic compensation of 
each examiner-in-chief in the Patent and Trademark Office at 
not in excess of the maximum scheduled rate provided for 
positions in grade 17 of the General Schedule of the 
Classification Act of 1949, as amended.
  [(d) The Commissioner of Patents and Trademarks shall be an 
Assistant Secretary of Commerce and shall receive compensation 
at the rate prescribed by law for Assistant Secretaries of 
Commerce.]
          * * * * * * *

Sec. 6. Duties of Commissioner

  (a) The Commissioner, under the direction of the Secretary of 
Commerce, shall superintend or perform all duties required by 
law respecting the granting and issuing of patents and the 
registration of trademarks; shall have the authority to carry 
on studies, programs, or exchanges of items or services 
regarding domestic and international patent and trademark law 
or the administration of the Patent and Trademark Office, 
including programs to recognize, identify, assess and forecast 
the technology of patented inventions and their utility to 
industry; and shall have charge of property belonging to the 
Patent and Trademark Office. He may, subject to the approval of 
the [Secretary of Commerce] Attorney General, establish 
regulations, not inconsistent with law, for the conduct of 
proceedings in the Patent and Trademark Office.
  (b) The Commissioner, under the direction of the [Secretary 
of Commerce] Attorney General, may, in coordination with the 
Department of State, carry on programs and studies 
cooperatively with foreign patent offices and international 
intergovernmental organizations, or may authorize such programs 
and studies to be carried on, in connection with the 
performance of duties stated in subsection (a) of this section.
  (c) The Commissioner, under the direction of the [Secretary 
of Commerce] Attorney General, may, with the concurrence of the 
Secretary of State, transfer funds appropriated to the Patent 
and Trademark Office, not to exceed $100,000 in any year, to 
the Department of State for the purpose of making special 
payments to international intergovernmental organizations for 
studies and programs for advancing international cooperation 
concerning patents, trademarks, and related matters. These 
special payments may be in addition to any other payments or 
contributions to the international organization and shall not 
be subject to any limitations imposed by law on the amounts of 
such other payments or contributions by the Government of the 
United States.
          * * * * * * *

         CHAPTER 3--PRACTICE BEFORE PATENT AND TRADEMARK OFFICE

Sec. 31. Regulations for agents and attorneys

  The Commissioner, subject to the approval of the [Secretary 
of Commerce] Attorney General, may prescribe regulations 
governing the recognition and conduct of agents, attorneys, or 
other persons representing applicants or other parties before 
the Patent and Trademark Office, and may require them, before 
being recognized as representatives of applicants or other 
persons, to show that they are of good moral character and 
reputation and are possessed of the necessary qualifications to 
render to applicants or other persons valuable service, advice, 
and assistance in the presentation or prosecution of their 
applications or other business before the Office.
          * * * * * * *

                         CHAPTER 4--PATENT FEES

Sec. 41. Patent fees; patent and trademark search systems

  (a) * * *
          * * * * * * *
  [(f) The fees established in subsections (a) and (b) of this 
section may be adjusted by the Commissioner on October 1, 1992, 
and every year thereafter, to reflect any fluctuations 
occurring during the previous 12 months in the Consumer Price 
Index, as determined by the Secretary of Labor. Changes of less 
than 1 per centum may be ignored.]
  (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.
          * * * * * * *

Sec. 42. Patent and Trademark Office funding

  (a) * * *
          * * * * * * *
  (c) Revenues from fees shall be available to the Commissioner 
[to carry out, to the extent provided in appropriation Acts,], 
without appropriation, to carry out the activities of the 
Patent and Trademark Office. Fees available to the Commissioner 
under section 31 of the Trademark Act of 1946 may be used only 
for the processing of trademark registrations and for other 
activities, services, and materials relating to trademarks and 
to cover a proportionate share of the administrative costs of 
the Patent and Trademark Office.
  (e) The [Secretary of Commerce] Attorney General shall, on 
the day each year on which the President submits the annual 
budget to the Congress, provide to the Committees on the 
Judiciary of the Senate and the House of Representatives--
          (1) * * *
          * * * * * * *

       PART II--PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS

          * * * * * * *

                      CHAPTER 14--ISSUE OF PATENT

          * * * * * * *

Sec. 157. Statutory invention registration

  (a) * * *
          * * * * * * *
  (d) The [Secretary of Commerce] Attorney General shall report 
to the Congress annually on the use of statutory invention 
registrations. Such report shall include an assessment of the 
degree to which agencies of the Federal Government are making 
use of the statutory invention registration system, the degree 
to which it aids the management of federally developed 
technology, and an assessment of the cost savings to the 
Federal Government of the use of such procedures.
          * * * * * * *

   CHAPTER 17--SECRECY OF CERTAIN INVENTIONS AND FILING APPLICATIONS

          * * * * * * *

Sec. 181. Secrecy of certain inventions and withholding of patent

  Each individual to whom the application is disclosed shall 
sign a dated acknowledgment thereof, which acknowledgment shall 
be entered in the file of the application. If, in the opinion 
of the Atomic Energy Commission, the Secretary of a Defense 
Department, or the chief officer of another department or 
agency so designated, the publication or disclosure of the 
invention by the granting of a patent therefor would be 
detrimental to the national security, the Atomic Energy 
Commission, the Secretary of a Defense Department, or such 
other chief officer shall notify the Commissioner and the 
Commissioner shall order that the invention be kept secret and 
shall withhold the grant of a patent for such period as the 
national interest requires, and notify the applicant thereof. 
Upon proper showing by the head of the department or agency who 
caused the secrecy order to be issued that the examination of 
the application might jeopardize the national interest, the 
Commissioner shall thereupon maintain the application in a 
sealed condition and notify the applicant thereof. The owner of 
an application which has been placed under a secrecy order 
shall have a right to appeal from the order to the [Secretary 
of Commerce] Attorney General under rules prescribed by him.
          * * * * * * *

Sec. 188. Rules and regulations, delegation of power

  The Atomic Energy Commission, the Secretary of a defense 
department, the chief officer of any other department or agency 
of the Government designated by the President as a defense 
agency of the United States, and the [Secretary of Commerce] 
Attorney General, may separately issue rules and regulations to 
enable the respective department or agency to carry out the 
provisions of this chapter, and may delegate any power 
conferred by this chapter.
          * * * * * * *

  CHAPTER 18--PATENT RIGHTS IN INVENTIONS MADE WITH FEDERAL ASSISTANCE

Sec. 202. Disposition of rights

  (a) * * *
          * * * * * * *
  (b)(1) The rights of the Government under subsection (a) 
shall not be exercised by a Federal agency unless it first 
determines that at least one of the conditions identified in 
clauses (i) through (iv) of subsection (a) exists. Except in 
the case of subsection (a)(iii), the agency shall file with the 
[Secretary of Commerce] Attorney General, within thirty days 
after the award of the applicable funding agreement, a copy of 
such determination. In the case of a determination under 
subsection (a)(ii), the statement shall include an analysis 
justifying the determination. In the case of determinations 
applicable to funding agreements with small business firms, 
copies shall also be sent to the Chief Counsel for Advocacy of 
the Small Business Administration. If the [Secretary of 
Commerce] Attorney General believes that any individual 
determination or pattern of determinations is contrary to the 
policies and objectives of this chapter or otherwise not in 
conformance with this chapter, the Secretary shall so advise 
the head of the agency concerned and the Administrator of the 
Office of Federal Procurement Policy, and recommend corrective 
actions.
          * * * * * * *

Sec. 206. Uniform clauses and regulations

  The [Secretary of Commerce] Attorney General may issue 
regulations which may be made applicable to Federal agencies 
implementing the provisions of sections 202 through 204 of this 
chapter and shall establish standard funding agreement 
provisions required under this chapter. The regulations and the 
standard funding agreement shall be subject to public comment 
before their issuance.
          * * * * * * *

Sec. 208. Regulations governing Federal licensing

  The [Secretary of Commerce] Attorney General is authorized to 
promulgate regulations specifying the terms and conditions upon 
which any federally owned invention, other than inventions 
owned by the Tennessee Valley Authority, may be licensed on a 
nonexclusive, partially exclusive, or exclusive basis.
          * * * * * * *
                              ----------                              


     SECTION 10101 OF THE OMNIBUS BUDGET RECONCILIATION ACT OF 1990

SEC. 10101. PATENT AND TRADEMARK OFFICE USER FEES.
  (a) Surcharges.--There shall be a surcharge, during fiscal 
years 1991 through 1995, of 69 percent, rounded by standard 
arithmetic rules, on all fees authorized by subsections (a) and 
(b) of section 41 of title 35, United States Code.
  (b) Use of Surcharges.--Notwithstanding section 3302 of title 
31, United States Code, beginning in fiscal year 1991, all 
surcharges collected by the Patent and Trademark Office--
          (1) * * *
          (2) in fiscal years 1992 through 1995--
                  (A) shall be credited to a separate account 
                established in the Treasury and ascribed to the 
                Patent and Trademark Office activities in the 
                Department of Commerce as offsetting receipts, 
                and
                  (B) shall be available only to the Patent and 
                Trademark Office, [to the extent provided in 
                appropriation Acts] without appropriation, for 
                all authorized activities and operations of the 
                office, including all direct and indirect costs 
                of services provided by the office, and
          * * * * * * *
                              ----------                              


           NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACT

          * * * * * * *

                establishment, functions, and activities

  Sec. 2. (a) There is established within the Department of 
Commerce a science, engineering, technology, and measurement 
laboratory to be known as the National Institute of Standards 
and Technology (hereafter in this Act referred to as the 
``Institute'').
  (b) The Secretary of Commerce (hereafter in this Act referred 
to as the ``Secretary'') acting through the Director of the 
Institute (hereafter in this Act referred to as the 
``Director'') and, if appropriate, through other officials, is 
authorized to take all actions necessary and appropriate to 
accomplish the purposes of this Act, including the following 
functions of the Institute--
          [(1) to assist industry in the development of 
        technology and procedures needed to improve quality, to 
        modernize manufacturing processes, to ensure product 
        reliability, manufacturability, functionality, and 
        cost-effectiveness, and to facilitate the more rapid 
        commercialization, especially by small- and medium-
        sized companies throughout the United States, of 
        products based on new scientific discoveries in fields 
        such as automation, electronics, advanced materials, 
        biotechnology, and optical technologies;]
          [(2)] (1) to develop, maintain, and retain custody of 
        the national standards of measurement, and provide the 
        means and methods for making measurements consistent 
        with those standards, including comparing standards 
        used in scientific investigations, engineering, 
        manufacturing, commerce, industry, and educational 
        institutions with the standards adopted or recognized 
        by the Federal Government;
          [(3)] (2) to enter into contracts, including 
        cooperative research and development arrangements, in 
        furtherance of the purposes of this Act;
          [(4)] (3) to provide United States industry, 
        Government, and educational institutions with a 
        national clearinghouse of current information, 
        techniques, and advice for the achievement of higher 
        quality and productivity based on current domestic and 
        international scientific and technical development;
          [(5)] (4) to assist industry in the development of 
        measurements, measurement methods, and basic 
        measurement technology;
          [(6)] (5) to determine, compile, evaluate, and 
        disseminate physical constants and the properties and 
        performance of conventional and advanced materials when 
        they are important to science, engineering, 
        manufacturing, education, commerce, and industry and 
        are not available with sufficient accuracy elsewhere;
          [(7)] (6) to develop a fundamental basis and methods 
        for testing materials, mechanisms, structures, 
        equipment, and systems, including those used by the 
        Federal Government;
          [(8)] (7) to assure the compatibility of United 
        States national measurement standards with those of 
        other nations;
          [(9)] (8) to cooperate with other departments and 
        agencies of the Federal Government, with industry, with 
        State and local governments, with the governments of 
        other nations and international organizations, and with 
        private organizations in establishing standard 
        practices, codes, specifications, and voluntary 
        consensus standards;
          [(10)] (9) to advise government and industry on 
        scientific and technical problems; and
          [(11)] (10) to invent, develop, and (when 
        appropriate) promote transfer to the private sector of 
        measurement devices to serve special national needs.
          * * * * * * *
  (d) In carrying out the extramural funding programs of the 
Institute[, including the programs established under sections 
25, 26, and 28 of this Act], the Secretary may retain 
reasonable amounts of any funds appropriated pursuant to 
authorizations for these programs in order to pay for the 
Institute's management of these programs.
          * * * * * * *

       visiting committee on [advanced] standards and technology

  Sec. 10. (a) There is established within the Institute a 
Visiting Committee on [Advanced] Standards and Technology 
(hereafter in this Act referred to as the ``Committee''). The 
Committee shall consist of nine members appointed by the 
Director, at least five of whom shall be from United States 
industry. The Director shall appoint as original members of the 
Committee any final members of the National Bureau of Standards 
Visiting Committee who wish to serve in such capacity. In 
addition to any powers and functions otherwise granted to it by 
this Act, the Committee shall review and make recommendations 
regarding general policy for the Institute, its organization, 
its budget, and its programs within the framework of applicable 
national policies as set forth by the President and the 
Congress.
          * * * * * * *

               [studies by the national research council

  [Sec. 24. The Director may periodically contract with the 
National Research Council for advice and studies to assist the 
Institute to serve United States industry and science. The 
subjects of such advice and studies may include--
          [(1) the competitive position of the United States in 
        key areas of manufacturing and emerging technologies 
        and research activities which would enhance that 
        competitiveness;
          [(2) potential activities of the Institute, in 
        cooperation with industry and the States, to assist in 
        the transfer and dissemination of new technologies for 
        manufacturing and quality assurance; and
          [(3) identification and assessment of likely barriers 
        to widespread use of advanced manufacturing technology 
        by the United States workforce, including training and 
        other initiatives which could lead to a higher 
        percentage of manufacturing jobs of United States 
        companies being located within the borders of our 
        country.

     [regional centers for the transfer of manufacturing technology

  [Sec. 25. (a) The Secretary, through the Director and, if 
appropriate, through other officials, shall provide assistance 
for the creation and support of Regional Centers for the 
Transfer of Manufacturing Technology (hereafter in this Act 
referred to as the ``Centers''). Such centers shall be 
affiliated with any United States-based nonprofit institution 
or organization, or group thereof, that applies for and is 
awarded financial assistance under this section in accordance 
with the description published by the Secretary in the Federal 
Register under subsection (c)(2). Individual awards shall be 
decided on the basis of merit review. The objective of the 
Centers is to enhance productivity and technological 
performance in United States manufacturing through--
          [(1) the transfer of manufacturing technology and 
        techniques developed at the Institute to Centers and, 
        through them, to manufacturing companies throughout the 
        United States;
          [(2) the participation of individuals from industry, 
        universities, State governments, other Federal 
        agencies, and, when appropriate, the Institute in 
        cooperative technology transfer activities;
          [(3) efforts to make new manufacturing technology and 
        processes usable by United States-based small- and 
        medium-sized companies;
          [(4) the active dissemination of scientific, 
        engineering, technical, and management information 
        about manufacturing to industrial firms, including 
        small- and medium-sized manufacturing companies; and
          [(5) the utilization, when appropriate, of the 
        expertise and capability that exists in Federal 
        laboratories other than the Institute.
  [(b) The activities of the Centers shall include--
          [(1) the establishment of automated manufacturing 
        systems and other advanced production technologies, 
        based on research by the Institute, for the purpose of 
        demonstrations and technology transfer;
          [(2) the active transfer and dissemination of 
        research findings and Center expertise to a wide range 
        of companies and enterprises, particularly small- and 
        medium-sized manufacturers; and
          [(3) loans, on a selective, short-term basis, of 
        items of advanced manufacturing equipment to small 
        manufacturing firms with less than 100 employees.
  [(c)(1) The Secretary may provide financial support to any 
Center created under subsection (a) for a period not to exceed 
six years. The Secretary may not provide to a Center more than 
50 percent of the capital and annual operating and maintenance 
funds required to create and maintain such Center.
  [(2) The Secretary shall publish in the Federal Register, 
within 90 days after the date of the enactment of this section, 
a draft description of a program for establishing Centers, 
including--
          [(A) a description of the program;
          [(B) procedures to be followed by applicants;
          [(C) criteria for determining qualified applicants;
          [(D) criteria, including those listed under paragraph 
        (4), for choosing recipients of financial assistance 
        under this section from among the qualified applicants; 
        and
          [(E) maximum support levels expected to be available 
        to Centers under the program in the fourth through 
        sixth years of assistance under this section.
The Secretary shall publish a final description under this 
paragraph after the expiration of a 30-day comment period.
  [(3) Any nonprofit institution, or group thereof, or 
consortia of nonprofit institutions, including entities 
existing on the date of the enactment of this section, may 
submit to the Secretary an application for financial support 
under this subsection, in accordance with the procedures 
established by the Secretary and published in the Federal 
Register under paragraph (2). In order to receive assistance 
under this section, an applicant shall provide adequate 
assurances that it will contribute 50 percent or more of the 
proposed Center's capital and annual operating and maintenance 
costs for the first three years and an increasing share for 
each of the last three years. Each applicant shall also submit 
a proposal for the allocation of the legal rights associated 
with any invention which may result from the proposed Center's 
activities.
  [(4) The Secretary shall subject each such application to 
merit review. In making a decision whether to approve such 
application and provide financial support under this 
subsection, the Secretary shall consider at a minimum (A) the 
merits of the application, particularly those portions of the 
application regarding technology transfer, training and 
education, and adaptation of manufacturing technologies to the 
needs of particular industrial sectors, (B) the quality of 
service to be provided, (C) geographical diversity and extent 
of service area, and (D) the percentage of funding and amount 
of in-kind commitment from other sources.
  [(5) Each Center which receives financial assistance under 
this section shall be evaluated during its third year of 
operation by an evaluation panel appointed by the Secretary. 
Each such evaluation panel shall be composed of private 
experts, none of whom shall be connected with the involved 
Center, and Federal officials. An official of the Institute 
shall chair the panel. Each evaluation panel shall measure the 
involved Center's performance against the objectives specified 
in this section. The Secretary shall not provide funding for 
the fourth through the sixth years of such Center's operation 
unless the evaluation is positive. If the evaluation is 
positive, the Secretary may provide continued funding through 
the sixth year at declining levels, which are designed to 
ensure that the Center no longer needs financial support from 
the Institute by the seventh year. In no event shall funding 
for a Center be provided by the Department of Commerce after 
the sixth year of the operation of a Center.
  [(6) The provisions of chapter 18 of title 35, United States 
Code, shall (to the extent not inconsistent with this section) 
apply to the promotion of technology from research by Centers 
under this section except for contracts for such specific 
technology extension or transfer services as may be specified 
by statute or by the Director.
  [(d) In addition to such sums as may be authorized and 
appropriated to the Secretary and Director to operate the 
Centers program, the Secretary and Director also may accept 
funds from other Federal departments and agencies for the 
purpose of providing Federal funds to support Centers. Any 
Center which is supported with funds which originally came from 
other Federal departments and agencies shall be selected and 
operated according to the provisions of this section.

                [assistance to state technology programs

  [Sec. 26. (a) In addition to the Centers program created 
under section 25, the Secretary, through the Director and, if 
appropriate, through other officials, shall provide technical 
assistance to State technology programs throughout the United 
States, in order to help those programs help businesses, 
particularly small- and medium-sized businesses, to enhance 
their competitiveness through the application of science and 
technology.
  [(b) Such assistance from the Institute to State technology 
programs shall include, but not be limited to--
          [(1) technical information and advice from Institute 
        personnel;
          [(2) workshops and seminars for State officials 
        interested in transferring Federal technology to 
        businesses; and
          [(3) entering into cooperative agreements when 
        authorized to do so under this or any other Act.]
          * * * * * * *

                      [advanced technology program

  [Sec. 28. (a) There is established in the Institute an 
Advanced Technology Program (hereafter in this Act referred to 
as the ``Program'') for the purpose of assisting United States 
businesses in creating and applying the generic technology and 
research results necessary to--
          [(1) commercialize significant new scientific 
        discoveries and technologies rapidly; and
          [(2) refine manufacturing technologies.
The Secretary, acting through the Director, shall assure that 
the Program focuses on improving the competitive position of 
the United States and its businesses, gives preference to 
discoveries and to technologies that have great economic 
potential, and avoids providing undue advantage to specific 
companies. In operating the Program, the Secretary and Director 
shall, as appropriate, be guided by the findings and 
recommendations of the Biennial National Critical Technology 
Reports prepared pursuant to section 603 of the National 
Science and Technology Policy, Organization, and Priorities Act 
of 1976 (42 U.S.C. 6683).
  [(b) Under the Program established in subsection (a), and 
consistent with the mission and policies of the Institute, the 
Secretary, acting through the Director, and subject to 
subsections (c) and (d), may--
          [(1) aid industry-led United States joint research 
        and development ventures (hereafter in this section 
        referred to as ``joint ventures'') (which may also 
        include universities and independent research 
        organizations), including those involving collaborative 
        technology demonstration projects which develop and 
        test prototype equipment and processes, through--
                  [(A) provision of organizational and 
                technical advice; and
                  [(B) participation in such joint ventures by 
                means of grants, cooperative agreements, or 
                contracts, if the Secretary, acting through the 
                Director, determines participation to be 
                appropriate, which may include (i) partial 
                start-up funding, (ii) provision of a minority 
                share of the cost of such joint ventures for up 
                to 5 years, and (iii) making available 
                equipment, facilities, and personnel,
        provided that emphasis is placed on areas where the 
        Institute has scientific or technological expertise, on 
        solving generic problems of specific industries, and on 
        making those industries more competitive in world 
        markets;
          [(2) provide grants to and enter into contracts and 
        cooperative agreements with United States businesses 
        (especially small businesses), provided that emphasis 
        is placed on applying the Institute's research, 
        research techniques, and expertise to those 
        organizations' research programs;
          [(3) involve the Federal laboratories in the Program, 
        where appropriate, using among other authorities the 
        cooperative research and development agreements 
        provided for under section 12 of the Stevenson-Wydler 
        Technology Innovation Act of 1980; and
          [(4) carry out, in a manner consistent with the 
        provisions of this section, such other cooperative 
        research activities with joint ventures as may be 
        authorized by law or assigned to the Program by the 
        Secretary.
  [(c) The Secretary, acting through the Director, is 
authorized to take all actions necessary and appropriate to 
establish and operate the Program, including--
          [(1) publishing in the Federal Register draft 
        criteria and, no later than six months after the date 
        of the enactment of this section, following a public 
        comment period, final criteria, for the selection of 
        recipients of assistance under subsection (b) (1) and 
        (2);
          [(2) monitoring how technologies developed in its 
        research program are used, and reporting annually to 
        the Congress on the extent of any overseas transfer of 
        these technologies;
          [(3) establishing procedures regarding financial 
        reporting and auditing to ensure that contracts and 
        awards are used for the purposes specified in this 
        section, are in accordance with sound accounting 
        practices, and are not funding existing or planned 
        research programs that would be conducted in the same 
        time period in the absence of financial assistance 
        under the Program;
          [(4) assuring that the advice of the Committee 
        established under section 10 is considered routinely in 
        carrying out the responsibilities of the Institute; and
          [(5) providing for appropriate dissemination of 
        Program research results.
  [(d) When entering into contracts or making awards under 
subsection (b), the following shall apply:
          [(1) No contract or award may be made until the 
        research project in question has been subject to a 
        merit review, and has, in the opinion of the reviewers 
        appointed by the Director and the Secretary, acting 
        through the Director, been shown to have scientific and 
        technical merit.
          [(2) In the case of joint ventures, the Program shall 
        not make an award unless the award will facilitate the 
        formation of a joint venture or the initiation of a new 
        research and development project by an existing joint 
        venture.
          [(3) No Federal contract or cooperative agreement 
        under subsection (b)(2) shall exceed $2,000,000 over 3 
        years, or be for more than 3 years unless a full and 
        complete explanation of such proposed award, including 
        reasons for exceeding these limits, is submitted in 
        writing by the Secretary to the Committee on Commerce, 
        Science, and Transportation of the Senate and the 
        Committee on Science, Space, and Technology of the 
        House of Representatives. The proposed contract or 
        cooperative agreement may be executed only after 30 
        calendar days on which both Houses of Congress are in 
        session have elapsed since such submission. Federal 
        funds made available under subsection (b)(2) shall be 
        used only for direct costs and not for indirect costs, 
        profits, or management fees of the contractor.
          [(4) In determining whether to make an award to a 
        particular joint venture, the Program shall consider 
        whether the members of the joint venture have made 
        provisions for the appropriate participation of small 
        United States businesses in such joint venture.
          [(5) Section 552 of title 5, United States Code, 
        shall not apply to the following information obtained 
        by the Federal Government on a confidential basis in 
        connection with the activities of any business or any 
        joint venture receiving funding under the Program--
                  [(A) information on the business operation of 
                any member of the business or joint venture; 
                and
                  [(B) trade secrets possessed by any business 
                or any member of the joint venture.
          [(6) Intellectual property owned and developed by any 
        business or joint venture receiving funding or by any 
        member of such a joint venture may not be disclosed by 
        any officer or employee of the Federal Government 
        except in accordance with a written agreement between 
        the owner or developer and the Program.
          [(7) If a business or joint venture fails before the 
        completion of the period for which a contract or award 
        has been made, after all allowable costs have been paid 
        and appropriate audits conducted, the unspent balance 
        of the Federal funds shall be returned by the recipient 
        to the Program.
          [(8) Upon dissolution of any joint venture or at the 
        time otherwise agreed upon, the Federal Government 
        shall be entitled to a share of the residual assets of 
        the joint venture proportional to the Federal share of 
        the costs of the joint venture as determined by 
        independent audit.
          [(9) A company shall be eligible to receive financial 
        assistance under this section only if--
                  [(A) the Secretary finds that the company's 
                participation in the Program would be in the 
                economic interest of the United States, as 
                evidenced by investments in the United States 
                in research, development, and manufacturing 
                (including, for example, the manufacture of 
                major components or subassemblies in the United 
                States); significant contributions to 
                employment in the United States; and agreement 
                with respect to any technology arising from 
                assistance provided under this section to 
                promote the manufacture within the United 
                States of products resulting from that 
                technology (taking into account the goals of 
                promoting the competitiveness of United States 
                industry), and to procure parts and materials 
                from competitive suppliers; and
                  [(B) either--
                          [(i) the company is a United States-
                        owned company; or
                          [(ii) the Secretary finds that the 
                        company is incorporated in the United 
                        States and has a parent company which 
                        is incorporated in a country which 
                        affords to United States-owned 
                        companies opportunities, comparable to 
                        those afforded to any other company, to 
                        participate in any joint venture 
                        similar to those authorized under this 
                        Act; affords to United States-owned 
                        companies local investment 
                        opportunities comparable to those 
                        afforded to any other company; and 
                        affords adequate and effective 
                        protection for the intellectual 
                        property rights of United States-owned 
                        companies.
          [(10) Grants, contracts, and cooperative assignments 
        under this section shall be designed to support 
        projects which are high risk and which have the 
        potential for eventual substantial widespread 
        commercial application. In order to receive a grant, 
        contract, or cooperative agreement under this section, 
        a research and development entity shall demonstrate to 
        the Secretary the requisite ability in research and 
        technology development and management in the project 
        area in which the grant, contract, or cooperative 
        agreement is being sought.
          [(11)(A) Title to any intellectual property arising 
        from assistance provided under this section shall vest 
        in a company or companies incorporated in the United 
        States. The United States may reserve a nonexclusive, 
        nontransferable, irrevocable paid-up license, to have 
        practiced for or on behalf of the United States, in 
        connection with any such intellectual property, but 
        shall not, in the exercise of such license, publicly 
        disclose proprietary information related to the 
        license. Title to any such intellectual property shall 
        not be transferred or passed, except to a company 
        incorporated in the United States, until the expiration 
        of the first patent obtained in connection with such 
        intellectual property.
          [(B) For purposes of this paragraph, the term 
        ``intellectual property'' means an invention patentable 
        under title 35, United States Code, or any patent on 
        such an invention.
          [(C) Nothing in this paragraph shall be construed to 
        prohibit the licensing to any company of intellectual 
        property rights arising from assistance provided under 
        this section.
  [(e) The Secretary may, within 30 days after notice to 
Congress, suspend a company or joint venture from continued 
assistance under this section if the Secretary determines that 
the company, the country of incorporation of the company or a 
parent company, or the joint venture has failed to satisfy any 
of the criteria set forth in subsection (d)(9), and that it is 
in the national interest of the United States to do so.
  [(f) When reviewing private sector requests for awards under 
the Program, and when monitoring the progress of assisted 
research projects, the Secretary and the Director shall, as 
appropriate, coordinate with the Secretary of Defense and other 
senior Federal officials to ensure cooperation and coordination 
in Federal technology programs and to avoid unnecessary 
duplication of effort. The Secretary and the Director are 
authorized to work with the Director of the Office of Science 
and Technology Policy, the Secretary of Defense, and other 
appropriate Federal officials to form interagency working 
groups or special project offices to coordinate Federal 
technology activities.
  [(g) In order to analyze the need for the value of joint 
ventures and other research projects in specific technical 
fields, to evaluate any proposal made by a joint venture or 
company requesting the Secretary's assistance, or to monitor 
the progress of any joint venture or any company research 
project which receives Federal funds under the Program, the 
Secretary, the Under Secretary of Commerce for Technology, and 
the Director may, notwithstanding any other provision of law, 
meet with such industry sources as they consider useful and 
appropriate.
  [(h) Up to 10 percent of the funds appropriated for carrying 
out this section may be used for standards development and 
technical activities by the Institute in support of the 
purposes of this section.
  [(i) In addition to such sums as may be authorized and 
appropriated to the Secretary and Director to operate the 
Program, the Secretary and Director also may accept funds from 
other Federal departments and agencies for the purpose of 
providing Federal funds to support awards under the Program. 
Any Program award which is supported with funds which 
originally came from other Federal departments and agencies 
shall be selected and carried out according to the provisions 
of this section.
  [(j) As used in this section--
          [(1) the term ``joint venture'' means any group of 
        activities, including attempting to make, making, or 
        performing a contract, by two or more persons for the 
        purpose of--
                  [(A) theoretical analysis, experimentation, 
                or systematic study of phenomena or observable 
                facts;
                  [(B) the development or testing of basic 
                engineering techniques;
                  [(C) the extension of investigative finding 
                or theory of a scientific or technical nature 
                into practical application for experimental and 
                demonstration purposes, including the 
                experimental production and testing of models, 
                prototypes, equipment, materials, and 
                processes;
                  [(D) the collection, exchange, and analysis 
                of research information;
                  [(E) the production of any product, process, 
                or service; or
                  [(F) any combination of the purposes 
                specified in subparagraphs (A), (B), (C), (D), 
                and (E),
        and may include the establishment and operation of 
        facilities for the conducting of research, the 
        conducting of such venture on a protected and 
        proprietary basis, and the prosecuting of applications 
        for patents and the granting of licenses for the 
        results of such venture; and
          [(2) the term ``United States-owned company'' means a 
        company that has majority ownership or control by 
        individuals who are citizens of the United States.]
          * * * * * * *
                              ----------                              


           STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980

          * * * * * * *

SEC. 3. PURPOSE.

  It is the purpose of this Act to improve the economic, 
environmental, and social well-being of the United States by--
          (1) establishing organizations in the executive 
        branch to study and stimulate technology;
          [(2) promoting technology development through the 
        establishment of cooperative research centers;]
          [(3)] (2) stimulating improved utilization of 
        federally funded technology developments, including 
        inventions, software, and training technologies, by 
        State and local governments and the private sector;
          [(4)] (3) providing encouragement for the development 
        of technology through the recognition of individuals 
        and companies which have made outstanding contributions 
        in technology; and
          [(5)] (4) encouraging the exchange of scientific and 
        technical personnel among academia, industry, and 
        Federal laboratories.

SEC. 4. DEFINITIONS.

  As used in this Act, unless the context otherwise requires, 
the term--
          [(1) ``Office'' means the Office of Technology Policy 
        established under section 5 of this Act.]
          [(2)] (1) ``Secretary'' means the Secretary of 
        Commerce.
          [(3)] (2) ``Under Secretary'' means the Under 
        Secretary of Commerce for Technology appointed under 
        section 5(b)(1).
          [(4) ``Centers'' means Cooperative Research Centers 
        established under section 6 or section 8 of this Act.]
          [(5)] (3) ``Nonprofit institution'' means an 
        organization owned and operated exclusively for 
        scientific or educational purposes, no part of the net 
        earnings of which inures to the benefit of any private 
        shareholder or individual.
          [(6)] (4) ``Federal laboratory'' means any 
        laboratory, any federally funded research and 
        development center, or any center established under 
        section 6 or section 8 of this Act that is owned, 
        leased, or otherwise used by a Federal agency and 
        funded by the Federal Government, whether operated by 
        the Government or by a contractor.
          [(7)] (5) ``Supporting agency'' means either the 
        Department of Commerce or the National Science 
        Foundation, as appropriate.
          [(8)] (6) ``Federal agency'' means any executive 
        agency as defined in section 105 of title 5, United 
        States Code, and the military departments as defined in 
        section 102 of such title, as well as any agency of the 
        legislative branch of the Federal Government.
          [(9)] (7) ``Invention'' means any invention or 
        discovery which is or may be patentable or otherwise 
        protected under title 35, United States Code, or any 
        novel variety of plant which is or may be protectable 
        under the Plant Variety Protection Act (7 U.S.C. 2321 
        et seq.).
          [(10)] (8) ``Made'' when used in conjunction with any 
        invention means the conception or first actual 
        reduction to practice of such invention.
          [(11)] (9) ``Small business firm'' means a small 
        business concern as defined in section 2 of Public Law 
        85-536 (15 U.S.C. 632) and implementing regulations of 
        the Administrator of the Small Business Administration.
          [(12)] (10) ``Training technology'' means computer 
        software and related materials which are developed by a 
        Federal agency to train employees of such agency, 
        including but not limited to software for computer-
        based instructional systems and for interactive video 
        disc systems.
          [(13) ``Clearinghouse'' means the Clearinghouse for 
        State and Local Initiatives on Productivity, 
        Technology, and Innovation established by section 6.]

[SEC. 5. COMMERCE AND TECHNOLOGICAL INNOVATION.

  [(a) Establishment.--There is established in the Department 
of Commerce a Technology Administration, which shall operate in 
accordance with the provisions, findings, and purposes of this 
Act. The Technology Administration shall include--
          [(1) the National Institute of Standards and 
        Technology;
          [(2) the National Technical Information Service; and
          [(3) a policy analysis office, which shall be known 
        as the Office of Technology Policy.
  [(b) Under Secretary and Assistant Secretary.--The President 
shall appoint, by and with the advice and consent of the 
Senate, to the extent provided for in appropriations Acts--
          [(1) an Under Secretary of Commerce for Technology, 
        who shall be compensated at the rate provided for level 
        III of the Executive Schedule in section 5314 of title 
        5, United States Code; and
          [(2) an Assistant Secretary of Commerce for 
        Technology Policy, who shall serve as policy analyst 
        for the Under Secretary.
  [(c) Duties.--The Secretary, through the Under Secretary, as 
appropriate, shall--
          [(1) manage the Technology Administration and 
        supervise its agencies, programs, and activities;
          [(2) conduct technology policy analyses to improve 
        United States industrial productivity, technology, and 
        innovation, and cooperate with United States industry 
        in the improvement of its productivity, technology, and 
        ability to compete successfully in world markets;
          [(3) carry out any functions formerly assigned to the 
        Office of Productivity, Technology, and Innovation;
          [(4) assist in the implementation of the Metric 
        Conversion Act of 1975;
          [(5) determine the relationships of technological 
        developments and international technology transfers to 
        the output, employment, productivity, and world trade 
        performance of United States and foreign industrial 
        sectors;
          [(6) determine the influence of economic, labor and 
        other conditions, industrial structure and management, 
        and government policies on technological developments 
        is particular industrial sectors worldwide;
          [(7) identify technological needs, problems, and 
        opportunities within and across industrial sectors 
        that, if addressed, could make a significant 
        contribution to the economy of the United States;
          [(8) assess whether the capital, technical and other 
        resources being allocated to domestic industrial 
        sectors which are likely to generate new technologies 
        are adequate to meet private and social demands for 
        goods and services and to promote productivity and 
        economic growth;
          [(9) propose and support studies and policy 
        experiments, in cooperation with other Federal 
        agencies, to determine the effectiveness of measures 
        with the potential of advancing United States 
        technological innovation;
          [(10) provide that cooperative efforts to stimulate 
        industrial innovation be undertaken between the 
        Secretary and other officials in the Department of 
        Commerce responsible for such areas as trade and 
        economic assistance;
          [(11) encourage and assist the creation of centers 
        and other joint initiatives by State of local 
        governments, regional organizations, private 
        businesses, institutions of higher education, nonprofit 
        organizations, or Federal laboratories to encourage 
        technology transfer, to stimulate innovation, and to 
        promote an appropriate climate for investment in 
        technology-related industries;
          [(12) propose and encourage cooperative research 
        involving appropriate Federal entities, State or local 
        governments, regional organizations, colleges or 
        universities, nonprofit organizations, or private 
        industry to promote the common use of resources, to 
        improve training programs and curricula, to stimulate 
        interest in high technology careers, and to encourage 
        the effective dissemination of technology skills within 
        the winder community;
          [(13) serve as a focal point for discussions among 
        United States companies on topics of interest to 
        industry and labor, including discussions regarding 
        manufacturing and discussions regarding emerging 
        technologies;
          [(14) consider government measures with the potential 
        of advancing United States technological innovation and 
        exploiting innovations of foreign origin; and
          [(15) publish the results of studies and policy 
        experiments.
  [(d) Japanese Technical Literature.--(1) In addition to the 
duties specified in subsection (c), the Secretary and the Under 
Secretary shall establish, and through the National Technical 
Information Service and with the cooperation of such other 
offices within the Department of Commerce as the Secretary 
considers appropriate, maintain a program (including an office 
in Japan) which shall, on a continuing basis--
          [(A) monitor Japanese technical activities and 
        developments;
          [(B) consult with businesses, professional societies, 
        and libraries in the United States regarding their 
        needs for information on Japanese developments in 
        technology and engineering;
          [(C) acquire and translate selected Japanese 
        technical reports and documents that may be of value to 
        agencies and departments of the Federal Government, and 
        to businesses and researchers in the United States; and
          [(D) coordinate with other agencies and departments 
        of the Federal Government to identify significant gaps 
        and avoid duplication in efforts by the Federal 
        Government to acquire, translate, index, and 
        disseminate Japanese technical information.
Activities undertaken pursuant to subparagraph (C) of this 
paragraph shall only be performed on a cost-reimbursable basis. 
Translations referred to in such subparagraph shall be 
performed only to the extent that they are not otherwise 
available from sources within the private sector in the United 
States.
  [(2) Beginning in 1986, the Secretary shall prepare annual 
reports regarding important Japanese scientific discoveries and 
technical innovations in such areas as computers, 
semiconductors, biotechnology, and robotics and manufacturing. 
In preparing such reports, the Secretary shall consult with 
professional societies and businesses in the United States. The 
Secretary may, to the extent provided in advance by 
appropriation Acts, contract with private organizations to 
acquire and translate Japanese scientific and technical 
information relevant to the preparation of such reports.
  [(3) The Secretary also shall encourage professional 
societies and private businesses in the United States to 
increase their efforts to acquire, screen, translate, and 
disseminate Japanese technical literature.
  [(4) In addition, the Secretary shall compile, publish, and 
disseminate an annual directory which lists--
          [(A) all programs and services in the United States 
        that collect, abstract, translate, and distribute 
        Japanese scientific and technical information; and
          [(B) all translations of Japanese technical documents 
        performed by agencies and departments of the Federal 
        Government in the preceding 12 months that are 
        available to the public.
  [(5) The Secretary shall transmit to the Congress, within 1 
year after the date of enactment of the Japanese Technical 
Literature Act of 1986, a report on the activities of the 
Federal Government to collect, abstract, translate, and 
distribute declassified Japanese scientific and technical 
information.
  [(e) Report.--The Secretary shall prepare and submit to the 
President and Congress, within 3 years after the date of 
enactment of this Act, a report on the progress, findings, and 
conclusions of activities conducted pursuant to sections 5, 6, 
8, 11, 12, and 13 of this Act (as then in effect) and 
recommendations for possible modifications thereof.

[SEC. 6. CLEARINGHOUSE FOR STATE AND LOCAL INITIATIVES ON PRODUCTIVITY, 
                    TECHNOLOGY, AND INNOVATION.

  [(a) Establishment.--There is established within the Office 
of Productivity, Technology, and Innovation a Clearinghouse for 
State and Local Initiatives on Productivity, Technology, and 
Innovation. The Clearinghouse shall serve as a central 
repository of information on initiatives by State and local 
governments to enhance the competitiveness of American business 
through the stimulation of productivity, technology, and 
innovation and Federal efforts to assist State and local 
governments to enhance competitiveness.
  [(b) Responsibilities.--The Clearinghouse may--
          [(1) establish relationships with State and local 
        governments, and regional and multistate organizations 
        of such governments, which carry out such initiatives;
          [(2) collect information on the nature, extent, and 
        effects of such initiatives, particularly information 
        useful to the Congress, Federal agencies, State and 
        local governments, regional and multistate 
        organizations of such governments, businesses, and the 
        public throughout the United States;
          [(3) disseminate information collected under 
        paragraph (2) through reports, directories, handbooks, 
        conferences, and seminars;
          [(4) provide technical assistance and advice to such 
        governments with respect to such initiatives, including 
        assistance in determining sources of assistance from 
        Federal agencies which may be available to support such 
        initiatives;
          [(5) study ways in which Federal agencies, including 
        Federal laboratories, are able to use their existing 
        policies and programs to assist State and local 
        governments, and regional and multistate organizations 
        of such governments, to enhance the competitiveness of 
        American business;
          [(6) make periodic recommendations to the Secretary, 
        and to other Federal agencies upon their request, 
        concerning modifications in Federal policies and 
        programs which would improve Federal assistance to 
        State and local technology and business assistance 
        programs;
          [(7) develop methodologies to evaluate State and 
        local programs, and, when requested, advise State and 
        local governments, and regional and multistate 
        organizations of such governments, as to which programs 
        are most effective in enhancing the competitiveness of 
        American business through the stimulation of 
        productivity, technology, and innovation; and
          [(8) make use of, and disseminate, the nationwide 
        study of State industrial extension programs conducted 
        by the Secretary.
  [(c) Contracts.--In carrying out subsection (b), the 
Secretary may enter into contracts for the purpose of 
collecting information on the nature, extent, and effects of 
initiatives.
  [(d) Triennial Report.--The Secretary shall prepare and 
transmit to the Congress once each 3 years a report on 
initiatives by State and local governments to enhance the 
competitiveness of American businesses through the stimulation 
of productivity, technology, and innovation. The report shall 
include recommendations to the President, the Congress, and to 
Federal agencies on the appropriate Federal role in stimulating 
State and local efforts in this area. The first of these 
reports shall be transmitted to the Congress before January 1, 
1989.

[SEC. 7. COOPERATIVE RESEARCH CENTERS.

  [(a) Establishment.--The Secretary shall provide assistance 
for the establishment of Cooperative Research Centers. Such 
Centers shall be affiliated with any university, or other 
nonprofit institution, or group thereof, that applies for and 
is awarded a grant or enters into a cooperative agreement under 
this section. The objective of the Centers is to enhance 
technological innovation through--
          [(1) the participation of individuals from industry 
        and universities in cooperative technological 
        innovation activities;
          [(2) the development of the generic research base, 
        important for technological advance and innovative 
        activity, in which individual firms have little 
        incentive to invest, but which may have significant 
        economic or strategic importance, such as manufacturing 
        technology;
          [(3) the education and training of individuals in the 
        technological innovation process;
          [(4) the improvement of mechanisms for the 
        dissemination of scientific, engineering, and technical 
        information among universities and industry;
          [(5) the utilization of the capability and expertise, 
        where appropriate, that exists in Federal laboratories; 
        and
          [(6) the development of continuing financial support 
        from other mission agencies, from State and local 
        government, and from industry and universities through, 
        among other means, fees, licenses, and royalties.
  [(b) Activities.--The activities of the Centers shall 
include, but need not be limited to--
          [(1) research supportive of technological and 
        industrial innovation including cooperative industry-
        university research;
          [(2) assistance to individuals and small business in 
        the generation, evaluation and development of 
        technological ideas supportive of industrial innovation 
        and new business ventures;
          [(3) technical assistance and advisory services to 
        industry, particularly small businesses; and
          [(4) curriculum development, training, and 
        instruction in invention, entrepreneurship, and 
        industrial innovation.
Each Center need not undertake all of the activities under this 
subsection.
  [(c) Requirements.--Prior to establishing a Center, the 
Secretary shall find that--
          [(1) consideration has been given to the potential 
        contribution of the activities proposed under the 
        Center to productivity, employment, and economic 
        competitiveness of the United States;
          [(2) a high likelihood exists of continuing 
        participation, advice, financial support, and other 
        contributions from the private sector;
          [(3) the host university or other nonprofit 
        institution has a plan for the management and 
        evaluation of the activities proposed within the 
        particular Center, including:
                  [(A) the agreement between the parties as to 
                the allocation of patent rights on a 
                nonexclusive, partially exclusive, or exclusive 
                license basis to and inventions conceived or 
                made under the auspices of the Center; and
                  [(B) the consideration of means to place the 
                Center, to the maximum extent feasible, on a 
                self-sustaining basis;
          [(4) suitable consideration has been given to the 
        university's or other nonprofit institution's 
        capabilities and geographical location; and
          [(5) consideration has been given to any effects upon 
        completition of the activities proposed under the 
        Center.
  [(d) Planning Grants.--The Secretary is authorized to make 
available nonrenewable planning grants to universities or 
nonprofit institutions for the purpose of developing a plan 
required under subsection (c)(3).
  [(e) Research and Development Utilization.--In the promotion 
of technology from research and development efforts by Centers 
under this section, chapter 18 of title 35, United States Code, 
shall apply to the extent not inconsistent with this section.

[SEC. 8. GRANTS AND COOPERATIVE AGREEMENTS.

  [(a) In General.--The Secretary may make grants and enter 
into cooperative agreements according to the provisions of this 
section in order to assist any activity consistent with this 
Act, including activities performed by individuals. The total 
amount of any such grant or cooperative agreement may not 
exceed 75 percent of the total cost of the program.
  [(b) Eligibility and Procedure.--Any person or institution 
may apply to the Secretary for a grant or cooperative agreement 
available under this section. Application shall be made in such 
form and manner, and with such content and other submissions, 
as the Assistant Secretary shall prescribe. The Secretary shall 
act upon each such application within 90 days after the date on 
which all required information is received.
  [(c) Terms and Conditions.--
          [(1) Any grant made, or cooperative agreement entered 
        into, under this section shall be subject to the 
        limitations and provisions set forth in paragraph (2) 
        of this subsection, and to such other terms, 
        conditions, and requirements as the Secretary deems 
        necessary or appropriate.
          [(2) Any person who receives or utilizes any proceeds 
        of any grant made or cooperative agreement entered into 
        under this section shall keep such records as the 
        Secretary shall by regulation prescribe as being 
        necessary and appropriate to facilitate effective audit 
        and evaluation, including records which fully disclose 
        the amount and disposition by such recipient of such 
        proceeds, the total cost of the program or project in 
        connection with which such proceeds were used, and the 
        amount, if any, of such costs which was provided 
        through other sources.

[SEC. 9. NATIONAL SCIENCE FOUNDATION COOPERATIVE RESEARCH CENTERS.

  [(a) Establishment and Provisions.--The National Science 
Foundation shall provide assistance for the establishment of 
Cooperative Research Centers. Such Centers shall be affiliated 
with a university or other nonprofit institution, or a group 
thereof. The objective of the Centers is to enhance 
technological innovation as provided in section 6(a) through 
the conduct of activities as provided in section 6(b).
  [(b) Planning Grants.--The National Science Foundation is 
authorized to make available nonrenewable planning grants to 
universities or nonprofit institutions for the purpose of 
developing the plan as described under section 6(c)(3).
  [(c) Terms and Conditions.--Grants, contracts, and 
cooperative agreements entered into by the National Science 
Foundation in execution of the powers and duties of the 
National Science Foundation under this Act shall be governed by 
the National Science Foundation Act of 1950 and other pertinent 
Acts.

[SEC. 10. ADMINISTRATIVE ARRANGEMENTS.

  [(a) Coordination.--The Secretary and the National Science 
Foundation shall, on a continuing basis, obtain the advice and 
cooperation of departments and agencies whose missions 
contribute to or are affected by the programs established under 
this Act, including the development of an agenda for research 
and policy experimentation. These departments and agencies 
shall include but not be limited to the Departments of Defense, 
Energy, Education, Health and Human Services, Housing and Urban 
Development and Space Administration, Small Business 
Administration, Council of Economic Advisers, Council on 
Environmental Quality, and Office of Science and Technology 
Policy.
  [(b) Cooperation.--It is the sense of the Congress that 
departments and agencies, including the Federal laboratories, 
whose missions are affected by, or could contribute to, the 
programs established under this Act, should, within the limits 
of budgetary authorizations and appropriations, support or 
participate in activities or projects authorized by this Act.
  [(c) Administrative Authorization.--
          [(1) Departments and agencies described in subsection 
        (b) are authorized to participate in, contribute to, 
        and serve as resources for the Centers and for any 
        other activities authorized under this Act.
          [(2) The Secretary and the National Science 
        Foundation are authorized to receive moneys and to 
        receive other forms of assistance from other 
        departments or agencies to support activities of the 
        Centers and any other activities authorized under this 
        Act.
  [(d) Cooperative Efforts.--The Secretary and the National 
Science Foundation shall, on a continuing basis, provide each 
other the opportunity to comment on any proposed program of 
activity under section 7, 9, 11, 15, 17, or 20 of this Act 
before funds are committed to such program in order to mount 
complementary efforts and avoid duplication.]

SEC. 11. UTILIZATION OF FEDERAL TECHNOLOGY.

  (a)  * * *
          * * * * * * *
  (c) Functions of Research and Technology Applications 
Office.--It shall be the function of each Office of Research 
and Technology Applications--
          (1)  * * *
          * * * * * * *
          (3) to cooperate with and assist the National 
        Technical Information Service[, the Federal Laboratory 
        Consortium for Technology Transfer,] and other 
        organizations which link the research and development 
        resources of that laboratory and the Federal Government 
        as a whole to potential users in State and local 
        government and private industry;
          * * * * * * *
  (d) Dissemination of Technical Information.--The National 
Technical Information Service shall--
          (1)  * * *
          (2) utilize the expertise and services of the 
        National Science Foundation [and the Federal Laboratory 
        Consortium for Technology Transfer]; particularly in 
        dealing with State and local governments;
          (3) receive requests for technical assistance from 
        State and local governments, respond to such requests 
        with published information available to the Service[, 
        and refer such requests to the Federal Laboratory 
        Consortium for Technology Transfer to the extent that 
        such requests require a response involving more than 
        the published information available to the Service];
          * * * * * * *
  [(e) Establishment of Federal Laboratory consortium for 
Technology Transfer.--(1) There is hereby established the 
Federal Laboratory Consortium for Technology Transfer 
(hereinafter referred to as the ``Consortium'') which, in 
cooperation with Federal Laboratories and the private sector, 
shall--
          [(A) develop and (with the consent of the Federal 
        laboratory concerned) administer techniques, training 
        courses, and materials concerning technology transfer 
        to increase the awareness of Federal laboratory 
        employees regarding the commercial potential of 
        laboratory technology and innovations;
          [(B) furnish advice and assistance requested by 
        Federal agencies and laboratories for use in their 
        technology transfer programs (including the planning of 
        seminars for small business and other industry);
          [(C) provide a clearinghouse for requests, received 
        at the laboratory level, for technical assistance from 
        States and units of local governments, businesses, 
        industrial development organizations, not-for-profit 
        organizations including universities, Federal agencies 
        and laboratories, and other persons, and--
                  [(i) to the extent that such requests can be 
                responded to with published information 
                available to the National Technical Information 
                Service, refer such requests to that Service, 
                and
                  [(ii) otherwise refer these requests to the 
                appropriate Federal laboratories and agencies;
          [(D) facilitate communication and coordination 
        between Offices of Research and Technology Applications 
        of Federal laboratories;
          [(E) utilize (with the consent of the agency 
        involved) the expertise and services of the National 
        Science Foundation, the Department of Commerce, the 
        National Aeronautics and Space Administration, and 
        other Federal agencies, as necessary;
          [(F) with the consent of any Federal laboratory, 
        facilitate the use by such laboratory of appropriate 
        technology transfer mechanisms such as personnel 
        exchanges and computer-based systems;
          [(G) with the consent of any Federal laboratory, 
        assist such laboratory to establish programs using 
        technical volunteers to provide technical assistance to 
        communities related to such laboratory;
          [(H) facilitate communication and cooperation between 
        Offices of Research and Technology Applications of 
        Federal laboratories and regional, State, and local 
        technology transfer organizations;
          [(I) when requested, assist colleges or universities, 
        businesses, nonprofit organizations, State or local 
        governments, or regional organizations to establish 
        programs to stimulate research and to encourage 
        technology transfer in such areas as technology program 
        development, curriculum design, long-term research 
        planning, personnel needs projections, and productivity 
        assessments; and
          [(J) seek advice in each Federal laboratory 
        consortium region from representatives of State and 
        local governments, large and small business, 
        universities, and other appropriate persons on the 
        effectiveness of the program (and any such advice shall 
        be provided at no expense to the Government).
  [(2) The membership of the Consortium shall consist of the 
Federal laboratories described in clause (1) of subsection (b) 
and such other laboratories as may choose to join the 
Consortium. The representatives to the Consortium shall include 
a senior staff member of each Federal laboratory which is a 
member of the Consortium and a senior representative appointed 
from each Federal agency with one or more member laboratories.
  [(3) The representatives to the Consortium shall elect a 
Chairman of the Consortium.
  [(4) The Director of the National Institute of Standards and 
Technology shall provide the Consortium, on a reimbursable 
basis, with administrative services, such as office space, 
personnel, and support services of the Institute, as requested 
by the Consortium and approved by such Director.
  [(5) Each Federal laboratory or agency shall transfer 
technology directly to users or representatives of users, and 
shall not transfer technology directly to the Consortium. Each 
Federal laboratory shall conduct and transfer technology only 
in accordance with the practices and policies of the Federal 
agency which owns, leases, or otherwise uses such Federal 
laboratory.
  [(6) Not later than one year after the date of the enactment 
of this subsection, and every year thereafter, the Chairman of 
the Consortium shall submit a report to the President, to the 
appropriate authorization and appropriation committees of both 
Houses of the Congress, and to each agency with respect to 
which a transfer of funding is made (for the fiscal year or 
years involved) under paragraph (7), concerning the activities 
of the Consortium and the expenditures made by it under this 
subsection during the year for which the report is made. Such 
report shall include an annual independent audit of the 
financial statements of the Consortium, conducted in accordance 
with generally accepted accounting principles.
  [(7)(A) Subject to subparagraph (B), an amount equal to 0.008 
percent of the budget of each Federal agency from any Federal 
source, including related overhead, that is to be utilized by 
or on behalf of the laboratories of such agency for a fiscal 
year referred to in subparagraph (B)(ii) shall be transferred 
by such agency to the National Institute of Standards at the 
beginning of the fiscal year involved. Amounts so transferred 
shall be provided by the Institute to the Consortium for the 
purpose of carrying out activities of the Consortium under this 
subsection.
  [(B) A transfer shall be made by any Federal agency under 
subparagraph (A), for any fiscal year, only if--
          [(i) the amount so transferred by that agency (as 
        determined under such subparagraph) would exceed 
        $10,000; and
          [(ii) such transfer is made with respect to the 
        fiscal year 1987, 1988, 1989, 1990, 1991, 1992, 1993, 
        1994, 1995, or 1996.
  [(C) The heads of Federal agencies and their designees, and 
the directors of Federal laboratories, may provide such 
additional support for operations of the Consortium as they 
deem appropriate.]
          * * * * * * *

SEC. 17. MALCOLM BALDRIGE NATIONAL QUALITY AWARD.

  (a)  * * *
          * * * * * * *
  (c) Categories in Which Award May be Given.--(1) [Subject to 
paragraph (2), separate] Separate awards shall be made to 
qualifying organizations in each of the following categories--
          (A) Small businesses.
          (B) Companies or their subsidiaries.
          (C) Companies which primarily provide services.
  [(2) The Secretary may at any time expand, subdivide, or 
otherwise modify the list of categories within which awards may 
be made as initially in effect under paragraph (1), and may 
establish separate awards for other organizations including 
units of government, upon a determination that the objectives 
of this section would be better served thereby; except that any 
such expansion, subdivision, modification, or establishment 
shall not be effective unless and until the Secretary has 
submitted a detailed description thereof to the Congress and a 
period of 30 days has elapsed since that submission.]
  [(3)] (2) Not more than two awards may be made within any 
subcategory in any year (and no award shall be made within any 
category or subcategory if there are no qualifying enterprises 
in that category or subcategory).
          * * * * * * *
  (f) Funding.--The Secretary is authorized to seek and accept 
gifts from public and private sources to carry out the program 
under this section. If additional sums are needed to cover the 
full cost of the program, the Secretary shall impose fees upon 
the organizations applying for the award in amounts sufficient 
to provide such additional sums. The Director is authorized to 
use appropriated funds to carry out administrative 
responsibilities under this Act.
          * * * * * * *
                              ----------                              


                      TITLE 13, UNITED STATES CODE

          * * * * * * *

                       CHAPTER 1--ADMINISTRATION

          * * * * * * *

                    SUBCHAPTER I--GENERAL PROVISIONS

Sec. 1. Definitions

    As used in this title, unless the context requires another 
meaning or unless it is otherwise provided--
          (1) ``Bureau'' means the Bureau of the Census;
          (2) ``Secretary'' means the [Secretary of Commerce] 
        Secretary of the Treasury; and
          * * * * * * *

Sec. 2. Bureau of the Census

    The Bureau [is continued as an agency within, and under the 
jurisdiction of, the Department of Commerce.] is an agency 
within, and under the jurisdiction of, the Department of the 
Treasury.
          * * * * * * *

Sec. 4. Functions of Secretary; regulations; delegation

    The Secretary shall perform the functions and duties 
imposed upon him by this title, may issue such rules and 
regulations as he deems necessary to carry out such functions 
and duties, and may delegate the performance of such functions 
and duties and the authority to issue such rules and 
regulations to such officers and employees of the [Department 
of Commerce] Department of the Treasury as he may designate.
          * * * * * * *

Sec. 9. Information as confidential; exception

    (a) Neither the Secretary, nor any other officer or 
employee of the [Department of Commerce] Department of the 
Treasury or bureau or agency thereof, or local government 
census liaison, may, except as provided in section 8 or 16 or 
chapter 10 of this title--
          (1)  * * *
          * * * * * * *
  (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.
          * * * * * * *

                 SUBCHAPTER II--OFFICERS AND EMPLOYEES

          * * * * * * *

Sec. 23. Additional officers and employees

    (a)  * * *
    (b) In addition to employees of the [Department of 
Commerce] Department of the Treasury, employees of other 
departments and independent offices of the Government may, with 
the consent of the head of the respective department or office, 
be employed and compensated for field work in connection with 
the work provided for by law without regard to section 301 of 
the Dual Compensation Act.
          * * * * * * *

Sec. 24. Special employment provisions

    (a)  * * *
          * * * * * * *
    (e) The Secretary may authorize the expenditure of 
necessary sums for travel expenses of persons selected for 
appointment for attendance at training courses held by the 
[Department of Commerce] Department of the Treasury with 
respect to any of the work provided for by law.
          * * * * * * *

          CHAPTER 3--COLLECTION AND PUBLICATION OF STATISTICS

          * * * * * * *

                          SUBCHAPTER I--COTTON

Sec. 44. Foreign cotton statistics

    In addition to the information regarding cotton in the 
United States provided for in this subchapter, the Secretary 
shall compile, by correspondence or the use of published 
reports and documents, any available information concerning the 
production, consumption, and stocks of cotton in foreign 
countries, and the number of cotton-consuming spindles in such 
countries. Each report published by the [Department of 
Commerce] Department of the Treasury or agency or bureau 
thereof regarding cotton shall contain an abstract of the 
latest available information obtained under the provisions of 
this section, and the Secretary shall furnish the same to the 
Department of Agriculture for publication in connection with 
the reports of that department concerning cotton in the same 
manner as in the case of statistics relating to the United 
States.
          * * * * * * *

                      SUBCHAPTER V--MISCELLANEOUS

          * * * * * * *

Sec. 103. Designation of reports

    All reports covering any of the statistics collected under 
the provisions of this subchapter shall be designated as 
``Special Reports'' followed by the name of whatever bureau or 
agency of the [Department of Commerce] Department of the 
Treasury is designated by the Secretary to collect and compile 
such statistics.
          * * * * * * *

                          CHAPTER 5--CENSUSES

          * * * * * * *

  SUBCHAPTER I--MANUFACTURES, MINERAL INDUSTRIES, AND OTHER BUSINESSES

          * * * * * * *

Sec. 132. Controlling law; effect on other agencies

    To the extent that the provisions of this subchapter or 
subchapter IV of this chapter conflict with any other provision 
of this title or other law, pertaining to the Secretary or the 
[Department of Commerce] Department of the Treasury, the 
provisions of this title shall control; but nothing in this 
title shall be deemed to revoke or impair the authority of any 
other Federal agency with respect to the collection or release 
of information.
          * * * * * * *

                   CHAPTER 7--OFFENSES AND PENALTIES

          * * * * * * *

                  SUBCHAPTER I--OFFICERS AND EMPLOYEES

Sec. 211. Receiving or securing compensation for appointment of 
                    employees

    Whoever--
          (1) receives or secures to himself any fee, reward, 
        or compensation as a consideration for the appointment 
        of any person as supervisor, enumerator, clerk, or 
        other officer or employee of the [Department of 
        Commerce] Department of the Treasury or bureau or 
        agency thereof, referred to in subchapter II of chapter 
        I of this title; or
          (2) in any way receives or secures to himself any 
        part of the compensation paid to any person so 
        appointed--
shall be fined not more than $3,000 or imprisoned not more than 
five years, or both.
          * * * * * * *

Sec. 213. False statements, certificates, and information

    (a)  * * *
    (b) Whoever, being an officer or employee referred to in 
subchapter II of chapter I of this title--
          (1) willfully and knowingly makes a false certificate 
        or fictitious return; or
          (2) knowingly or willfully furnishes or causes to be 
        furnished, or, having been such an officer or employee, 
        knowingly or willfully furnished or caused to be 
        furnished, directly or indirectly, to the Secretary or 
        to any other officer or employee of the [Department of 
        Commerce] Department of the Treasury or bureau or 
        agency thereof, any false statement or false 
        information with reference to any inquiry for which he 
        was authorized and required to collect information 
        provided for in this title--
shall be fined not more than $2,000 or imprisoned not more than 
five years, or both.
          * * * * * * *

                      SUBCHAPTER II--OTHER PERSONS

Sec. 221. Refusal or neglect to answer questions; false answers

    (a) Whoever, being over eighteen years of age, refuses or 
willfully neglects, when requested by the Secretary, or by any 
other authorized officer or employee of the [Department of 
Commerce] Department of the Treasury or bureau or agency 
thereof acting under the instructions of the Secretary or 
authorized officer, to answer, to the best of his knowledge, 
any of the questions on any schedule submitted to him in 
connection with any census or survey provided for by 
subchapters I, II, IV, and V of chapter 5 of this title, 
applying to himself or to the family to which he belongs or is 
related, or to the farm or farms of which he or his family is 
the occupant, shall be fined not more than $100.
          * * * * * * *

Sec. 222. Giving suggestions or information with intent to cause 
                    inaccurate enumeration of population

    Whoever, either directly or indirectly, offers or renders 
to any officer or employee of the [Department of Commerce] 
Department of the Treasury or bureau or agency thereof engaged 
in making an enumeration of population under subchapter II, IV, 
or V of chapter 5 of this title, any suggestion, advice, 
information or assistance of any kind, with the intent or 
purpose of causing an inaccurate enumeration of population to 
be made, shall be fined not more than $1,000 or imprisoned not 
more than one year, or both.
          * * * * * * *

Sec. 224. Failure to answer questions affecting companies, businesses, 
                    religious bodies, and other organizations; false 
                    answers

    Whoever, being the owner, official, agent, person in 
charge, or assistant to the person in charge, of any company, 
business, institution, establishment, religious body, or 
organization of any nature whatsoever, neglects or refuses, 
when requested by the Secretary or other authorized officer or 
employee of the [Department of Commerce] Department of the 
Treasury or bureau or agency thereof, to answer completely and 
correctly to the best of his knowledge all questions relating 
to his company, business, institution, establishment, religious 
body, or other organization, or to records or statistics in his 
official custody, contained on any census or other schedule or 
questionnaire prepared and submitted to him under the authority 
of this title, shall be fined not more than $500; and if he 
willfully gives a false answer to any such question, he shall 
be fined not more than $10,000.

Sec. 225. Applicability of penal provisions in certain cases

    (a) In connection with any survey conducted by the 
Secretary or other authorized officer or employee of the 
[Department of Commerce] Department of the Treasury or bureau 
or agency thereof pursuant to subchapter IV of chapter 5 of 
this title, the provisions of sections 221, 222, 223 and 224 of 
this title shall apply--
          (1) with respect to the answering of questions and 
        furnishing of information, only to such inquiries as 
        are within the scope of the schedules and 
        questionnaires and of the type and character heretofore 
        used in connection with the taking of complete censuses 
        under subchapters I and II of chapter 5 of this title, 
        or in connection with any censuses hereafter taken 
        pursuant to such subchapters;
          (2) only after publication of a determination with 
        reasons therefore certified by the Secretary, or by 
        some other authorized officer or employee of the 
        [Department of Commerce] Department of the Treasury or 
        bureau or agency thereof with the approval of the 
        Secretary, that the information called for is needed to 
        aid or permit the efficient performance of essential 
        governmental functions or services, or has significant 
        application to the needs of the public, business, or 
        industry and is not publicly available for 
        nongovernmental or other governmental sources;
          (3) in the case of any new survey, only after public 
        notice, given by the Secretary or other authorized 
        officer or employee of the [Department of Commerce] 
        Department of the Treasury or bureau of agency thereof 
        at least thirty days in advance of requesting a return, 
        that such survey is under consideration.
          * * * * * * *

                       SUBCHAPTER III--PROCEDURE

Sec. 241. Evidence

    When any request for information, made by the Secretary or 
other authorized officer or employee of the [Department of 
Commerce] Department of the Treasury or bureau or agency 
thereof, is made by registered or certified mail or telegram, 
the return receipt therefore or other written receipt thereof 
shall be prima facie evidence of an official request in any 
prosecution under such section.

  CHAPTER 9--COLLECTION AND PUBLICATION OF FOREIGN COMMERCE AND TRADE 
                               STATISTICS

Sec.
301. Collection and publication.
302. Rules, regulations, and orders.
[303. Secretary of Treasury, functions.]
          * * * * * * *

Sec. 302. Rules, regulations, and orders

    The Secretary may make such rules, regulations, and orders 
as he deems necessary or appropriate to carry out the 
provisions of this chapter. Any rules, regulations, or orders 
issued pursuant to this authority may be established in such 
form or manner, may contain such classifications or 
differentiations, and may provide for such adjustments and 
reasonable exceptions as in the judgment of the Secretary are 
necessary or proper to effectuate the purpose of this chapter, 
or to prevent circumvention or evasion of any rule, regulation, 
or order issued hereunder. The Secretary may also provide by 
rule or regulation, for such confidentiality, publication, or 
disclosure, of information collected hereunder as he may deem 
necessary or appropriate in the public interest. [Rules, 
regulations, and orders, or amendments thereto shall have the 
concurrence of the Secretary of the Treasury prior to 
promulgation.]

[Sec. 303. Secretary of Treasury functions

    [To assist the Secretary to carry out the provisions of 
this chapter, the Secretary of the Treasury shall collect 
information in the form and manner prescribed by the 
regulations issued pursuant to this chapter from persons 
engaged in foreign commerce or trade, other than by mail, and 
from the owners or operators of carriers.]

Sec. 304. Filing export information, delayed filings, penalties for 
                    failure to file

    (a) The information or reports in connection with the 
exportation or transportation of cargo required to be filed by 
carriers with the Secretary [of the Treasury] under any rule, 
regulation, or order issued pursuant to this chapter may be 
filed after the departure of such carrier from the port or 
place of exportation or transportation, whether such departing 
carrier is destined directly to a foreign port or place or to a 
noncontiguous area, or proceeds by way of other ports or places 
of the United States, provided that a bond in an approved form 
in the penal sum of $1,000 is filed with the Secretary [of the 
Treasury]. The Secretary [of Commerce] may, by a rule, 
regulation, or order issued in conformity herewith, prescribe a 
maximum period after such departure during which the required 
information or reports may be filed. In the event any such 
information or report is not filed within such prescribed 
period, a penalty not to exceed $100 for each day's delinquency 
beyond the prescribed period, but not more than $1,000, shall 
be exacted. Civil suit may be instituted in the name of the 
United States against the principal and surety for the recovery 
of any penalties that may accrue and be exacted in accordance 
with the terms of the bond.
          * * * * * * *

               CHAPTER 10--EXCHANGE OF CENSUS INFORMATION

          * * * * * * *

Sec. 401. Exchange of census information with Bureau of Economic 
                    Analysis.

    (a) Exchange of Information.--The Bureau of the Census 
shall exchange with the Bureau of Economic Analysis of the 
[Department of Commerce] Federal Reserve System information 
collected under this title, and under the International 
Investment and Trade in Services Survey Act, that pertains to 
any business enterprise that is operating in the United States, 
if the Secretary [of Commerce] determines such information is 
appropriate to augment and improve the quality of data 
collected under the International Investment and Trade in 
Services Survey Act. Information provided to the Bureau of 
Economic Analysis by the Bureau of the Census shall be only 
those data collected directly from respondents by the Bureau of 
the Census.
          * * * * * * *

                        ACT OF FEBRUARY 14, 1903

 Chapter 552.--An Act To establish the Department of Commerce and Labor

          * * * * * * *

                         bureaus in department

    Sec. 12. The following named bureaus, administrations, 
services, offices, and programs of the public service, and all 
that pertains thereto, shall be under the jurisdiction and 
subject to the control of the Secretary of Commerce:
    (a) * * *
          * * * * * * *
    [(e) Bureau of the Census;]
          * * * * * * *
                              ----------                              


SECTION 8 OF THE FOREIGN DIRECT INVESTMENT AND INTERNATIONAL FINANCIAL 
                     DATA IMPROVEMENTS ACT OF 1990

SEC. 8. ACCESS TO INFORMATION; CONFIDENTIALITY.

  (a) * * *
          * * * * * * *
  (e) Implementation.--(1) The [Secretary of Commerce] 
Secretary of the Treasury shall be responsible for the 
implementation of the exchange of information under this Act 
between the Bureau of the Census and the Bureau of Economic 
Analysis, and shall resolve any questions on access to 
information, data, or methodology that may arise between the 
Bureau of the Census and the Bureau of Economic Analysis, 
except that the Secretary shall not construe this section in a 
manner which would prevent the augmentation and improvement of 
the quality of international data collected under the 
International Investment and Trade in Services Survey Act. The 
Bureau of Economic Analysis and the Bureau of the Census shall 
agree in writing to the data to be shared under this Act.
          * * * * * * *
                              ----------                              


                       COMMUNICATIONS ACT OF 1934

          * * * * * * *

                TITLE III--PROVISIONS RELATING TO RADIO

          * * * * * * *

     Part IV--Assistance for Public Telecommunications Facilities; 
 Telecommunications Demonstrations; Corporation for Public Broadcasting

    [Subpart A--Assistance for Public Telecommunications Facilities

[SEC. 390. DECLARATION OF PURPOSE.

  [The purpose of this subpart is to assist, through matching 
grants, in the planning and construction of public 
telecommunications facilities in order to achieve the following 
objectives: (1) extend delivery of public telecommunications 
services to as many citizens of the United States as possible 
by the most efficient and economical means, including the use 
of broadcast and nonbroadcast technologies; (2) increase public 
telecommunications services and facilities available to, 
operated by, and owned by minorities and women; and (3) 
strengthen the capability of existing public television and 
radio stations to provide public telecommunications services to 
the public.

[SEC. 391. AUTHORIZATION OF APPROPRIATIONS.

  [There are authorized to be appropriated $42,000,000 for each 
of the fiscal years 1992, 1993, and 1994, to be used by the 
Secretary of Commerce to assist in the planning and 
construction of public telecommunications facilities as 
provided in this subpart. Sums appropriated under this subpart 
for any fiscal year shall remain available until expended for 
payment of grants for projects for which applications approved 
by the Secretary pursuant to this subpart have been submitted 
within such fiscal year. Sums appropriated under this subpart 
may be used by the Secretary to cover the cost of administering 
the provisions of this subpart.

[SEC. 392. GRANTS FOR CONSTRUCTION AND PLANNING.

  [(a) For each project for the construction of public 
telecommunications facilities there shall be submitted to the 
Secretary an application for a grant containing such 
information with respect to such project as the Secretary may 
require, including the total cost of such project, the amount 
of the grant requested for such project, and a 5-year plan 
outlining the applicant's projected facilities requirements and 
the projected costs of such facilities requirements. Each 
applicant shall also provide assurances satisfactory to the 
Secretary that--
          [(1) the applicant is (A) a public broadcast station; 
        (B) a noncommercial telecommunications entity; (C) a 
        system of public telecommunications entities; (D) a 
        nonprofit foundation, corporation, institution, or 
        association organized primarily for educational or 
        cultural purposes; or (E) a State or local government 
        (or any agency thereof), or a political or special 
        purpose subdivision of a State;
          [(2) the operation of such public telecommunication 
        facilities will be under the control of the applicant;
          [(3) necessary funds to construct, operate, and 
        maintain such public telecommunications facilities will 
        be available when needed;
          [(4) such public telecommunications facilities will 
        be used primarily for the provision of public 
        telecommunications services and that the use of such 
        public telecommunications facilities for purposes other 
        than the provision of public telecommunications 
        services will not interfere with the provision of such 
        public telecommunications services as required in this 
        part; 
          [(5) the applicant has participated in comprehensive 
        planning for such public telecommunications facilities 
        in the area which the applicant proposes to serve, and 
        such planning has included an evaluation of alternate 
        technologies and coordination with State educational 
        television and radio agencies, as appropriate; and
          [(6) the applicant will make the most efficient use 
        of the grant.
  [(b) Upon approving any application under this section with 
respect to any project for the construction of public 
telecommunications facilities, the Secretary shall make a grant 
to the applicant in an amount determined by the Secretary, 
except that such amounts shall not exceed 75 percent of the 
amount determined by the Secretary to be the reasonable and 
necessary cost of such project.
  [(c) The Secretary may provide such funds as the Secretary 
deems necessary for the planning of any project for which 
construction funds may be obtained under this section. An 
applicant for a planning grant shall provide such information 
with respect to such project as the Secretary may require and 
shall provide assurances satisfactory to the Secretary that the 
applicant meets the eligible requirements of subsection (a) to 
receive construction assistance.
  [(d) Any studies conducted by or for any grant recipient 
under this section shall be provided to the Secretary, if such 
studies are conducted through the use of funds received under 
this section.
  [(e) The Secretary shall establish such rules and regulations 
as may be necessary to carry out this subpart, including rules 
and regulations relating to the order of priority in approving 
applications for construction projects and relating to 
determining the amount of each grant for such projects.
  [(f) In establishing criteria for grants pursuant to section 
393 and in establishing procedures relating to the order of 
priority established in subsection (e) in approving 
applications for grants, the Secretary shall give special 
consideration to applications which would increase minority and 
women's ownership of, operation of, and participation in public 
telecommunications entities. The Secretary shall take 
affirmative steps to inform minorities and women of the 
availability of funds under this subpart, and the localities 
where new public telecommunications facilities are needed, and 
to provide such other assistance and information as may be 
appropriate.
  [(g) If, within 10 years after completion of any project for 
construction of public telecommunications facilities with 
respect to which a grant has been made under this section--
          [(1) the applicant or other owner of such facilities 
        ceases to be an agency, institution, foundation, 
        corporation, association, or other entity described in 
        subsection (a)(1); or
          [(2) such facilities cease to be used primarily for 
        the provision of public telecommunications services (or 
        the use of such public telecommunications facilities 
        for purposes other than the provision of public 
        telecommunications services interferes with the 
        provision of such public telecommunications services as 
        required in this part);
the United States shall be entitled to recover from the 
applicant or other owner of such facilities the amount bearing 
the same ratio to the value of such facilities at the time the 
applicant ceases to be such an entity or at the time of such 
determination (as determined by agreement of the parties or by 
action brought in the United States district court for the 
district in which such facilities are situated), as the amount 
of the Federal participation bore to the cost of construction 
of such facilities.
  [(h) Each recipient of assistance under this subpart shall 
keep such records as may be reasonably necessary to enable the 
Secretary to carry out the functions of the Secretary under 
this subpart, including a complete and itemized inventory of 
all public telecommunications facilities under the control of 
such recipient, and records which fully disclose the amount and 
the disposition by such recipient of the proceeds of such 
assistance, the total cost of the project in connection with 
which such assistance is given or used, the amount and nature 
of that portion of the cost of the project supplied by other 
sources, and such other records as will facilitate an effective 
audit.
  [(i) The Secretary and the Comptroller General of the United 
States, or any of their duly authorized representatives, shall 
have access for the purpose of audit and examination to any 
books, documents, papers, and records of any recipient of 
assistance under this subpart that are pertinent to assistance 
received under this subpart.

[SEC. 393. CRITERIA FOR APPROVAL AND EXPENDITURES BY SECRETARY OF 
                    COMMERCE.

  [(a) The Secretary, in consultation with the Corporation, 
public telecommunications entities, and as appropriate with 
others, shall establish criteria for making construction and 
planning grants. Such criteria shall be consistent with the 
objectives and provisions set forth in this subpart, and shall 
be made available to interested parties upon request.
  [(b) The Secretary shall base determinations of whether to 
approve applications for grants under this subpart, and the 
amount of such grants, on criteria developed pursuant to 
subsection (a) and designed to achieve--
          [(1) the provision of new telecommunications 
        facilities to extend service to areas currently not 
        receiving public telecommunications services;
          [(2) the expansion of the service areas of existing 
        public telecommunications entities;
          [(3) the development of public telecommunications 
        facilities owned by, operated by, and available to 
        minorities and women; and
          [(4) the improvement of the capabilities of existing 
        public broadcast stations to provide public 
        telecommunications services, including services to 
        underserved audiences such as deaf and hearing impaired 
        individuals and blind and visually impaired 
        individuals.
  [(c) Of the sums appropriated pursuant to section 391 for any 
fiscal year, a substantial amount shall be available for the 
expansion and development of noncommercial radio broadcast 
station facilities.

[SEC. 393A. LONG-RANGE PLANNING FOR FACILITIES.

  [(a) The Secretary, in consultation with the Corporation, 
public telecommunications entities, and as appropriate with 
other parties, shall develop a long-range plan to accomplish 
the objectives set forth in section 390. Such plan shall 
include a detailed 5-year projection of the broadcast and 
nonbroadcast public telecommunications facilities required to 
meet such objectives, and the expenditures necessary to provide 
such facilities.
  [(b) The plan required in subsection (a) shall be updated 
annually, and a summary of the activities of the Secretary in 
implementing the plan, shall be submitted concurrently to the 
President and the Congress not later than the 31st day of 
December of each year.

  [Subpart B--National Endowment for Children's Educational Television

[SEC. 394. ESTABLISHMENT OF NATIONAL ENDOWMENT.

  [(a) It is the purpose of this section to enhance the 
education of children through the creation and production of 
television programming specifically directed toward the 
development of fundamental intellectual skills.
  [(b)(1) There is established, under the direction of the 
Secretary, a National Endowment for Children's Educational 
Television. In administering the National Endowment, the 
Secretary is authorized to--
          [(A) contract with the Corporation for the production 
        of educational television programming for children; and
          [(B) make grants directly to persons proposing to 
        create and produce educational television programming 
        for children.
The Secretary shall consult with the Advisory Council on 
Children's Educational Television in the making of the grants 
or the awarding of contracts for the purpose of making the 
grants.
  [(2) Contracts and grants under this section shall be made on 
the condition that the programming shall--
          [(A) during the first two years after its production, 
        be made available only to public television licensees 
        and permittees and noncommercial television licensees 
        and permittees; and
          [(B) thereafter be made available to any commercial 
        television licensee or permittee or cable television 
        system operator, at a charge established by the 
        Secretary that will assure the maximum practicable 
        distribution of such programming, so long as such 
        licensee, permittee, or operator does not interrupt the 
        programming with commercial advertisements.
The Secretary may, consistent with the purpose and provisions 
of this section, permit the programming to be distributed to 
persons using other media, establish conditions relating to 
such distribution, and apply those conditions to any contract 
or grant made under this section. The Secretary may waive the 
requirements of subparagraph (A) if the Secretary finds that 
neither public television licensees and permittees nor 
noncommercial television licensees and permittees will have an 
opportunity to air such programming in the first two years 
after its production.
  [(c)(1) The Secretary, with the advice of the Advisory 
Council on Children's Educational Television, shall establish 
criteria for making contracts and grants under this section. 
Such criteria shall be consistent with the purpose and 
provisions of this section and shall be made available to 
interested parties upon request. Such criteria shall include--
          [(A) criteria to maximize the amount of programming 
        that is produced with the funds made available by the 
        Endowment;
          [(B) criteria to minimize the costs of--
                  [(i) selection of grantees,
                  [(ii) administering the contracts and grants, 
                and
                  [(iii) the administrative costs of the 
                programming production; and
          [(C) criteria to otherwise maximize the proportion of 
        funds made available by the Endowment that are expended 
        for the cost of programming production.
  [(2) Applications for grants under this section shall be 
submitted to the Secretary in such form and containing such 
information as the Secretary shall require by regulation.
  [(d) Upon approving any application for a grant under 
subsection (b)(1)(B), the Secretary shall make a grant to the 
applicant in an amount determined by the Secretary, except that 
such amounts shall not exceed 75 percent of the amount 
determined by the Secretary to be the reasonable and necessary 
cost of the project for which the grant is made.
  [(e)(1) The Secretary shall establish an Advisory Council on 
Children's Educational Television. The Secretary shall appoint 
ten individuals as members of the Council and designate one of 
such members to serve as Chairman.
  [(2) Members of the Council shall have terms of two years, 
and no member shall serve for more than three consecutive 
terms. The members shall have expertise in the fields of 
education, psychology, child development, or television 
programming, or related disciplines. Officers and employees of 
the United States shall not be appointed as members.
  [(3) While away from their homes or regular places of 
business in the performance of duties for the Council, the 
members of the Council shall serve without compensation but 
shall be allowed travel expenses, including per diem in lieu of 
subsistence, in accordance with section 5703 of title 5, United 
States Code.
  [(4) The Council shall meet at the call of the Chairman and 
shall advise the Secretary concerning the making of contracts 
and grants under this section.
  [(f)(1) Each recipient of a grant under this section shall 
keep such records as may be reasonably necessary to enable the 
Secretary to carry out the Secretary's functions under this 
section, including records which fully disclose the amount and 
the disposition by such recipient of the proceeds of such 
grant, the total cost of the project, the amount and nature of 
that portion of the cost of the project supplied by other 
sources, and such other records as will facilitate an effective 
audit.
  [(2) The Secretary and the Comptroller General of the United 
States, or any of their duly authorized representatives, shall 
have access for the purposes of audit and examination to any 
books, documents, papers, and records of the recipient that are 
pertinent to a grant received under this section.
  [(g) The Secretary is authorized to make such rules and 
regulations as may be necessary to carry out this section, 
including those relating to the order of priority in approving 
applications for projects under this section or to determining 
the amounts of contracts and grants for such projects.
  [(h) There are authorized to be appropriated $2,000,000 for 
fiscal year 1991, $4,000,000 for fiscal year 1992, $5,000,000 
for fiscal year 1993, and $6,000,000 for fiscal year 1994 to be 
used by the Secretary to carry out the provisions of this 
section. Sums appropriated under this subsection for any fiscal 
year shall remain available for contracts and grants for 
projects for which applications approved under this section 
have been submitted within one year after the last day of such 
fiscal year.
  [(i) For purposes of this section--
          [(1) the term ``educational television programming 
        for children'' means any television program which is 
        directed to an audience of children who are 16 years of 
        age or younger and which is designed for the 
        intellectual development of those children, except that 
        such term does not include any television program which 
        is directed to a general audience but which might also 
        be viewed by a significant number of children; and
          [(2) the term ``person'' means an individual, 
        partnership, association, joint stock company, trust, 
        corporation, or State or local governmental entity.

             [Subpart C--Telecommunications Demonstrations

[SEC. 395. ASSISTANCE FOR DEMONSTRATION PROJECTS.

  [(a) It is the purpose of this subpart to promote the 
development of nonbroadcast telecommunications facilities and 
services for the transmission, distribution, and delivery of 
health, education, and public or social service information. 
The Secretary is authorized, upon receipt of an application in 
such form and containing such information as he may by 
regulation require, to make grants to, and enter into contracts 
with, public and private nonprofit agencies, organizations, and 
institutions for the purpose of carrying out telecommunications 
demonstrations.
  [(b) The Secretary may approve an application submitted under 
subsection (a) if he determines that--
          [(1) the project for which application is made will 
        demonstrate innovative methods or techniques of 
        utilizing nonbroadcast telecommunications equipment or 
        facilities to satisfy the purpose of this subpart;
          [(2) demonstrations and related activities assisted 
        under this subpart will remain under the administration 
        and control of the applicant;
          [(3) the applicant has the managerial and technical 
        capability to carry out the project for which the 
        application is made; and
          [(4) the facilities and equipment acquired or 
        developed pursuant to the application will be used 
        substantially for the transmission, distribution, and 
        delivery of health, education, or public or social 
        service information.
  [(c) Upon approving any application under this subpart with 
respect to any project, the Secretary shall make a grant to or 
enter into a contract with the applicant in an amount 
determined by the Secretary not to exceed the reasonable and 
necessary cost of such project. The Secretary shall pay such 
amount from the sums available therefor, in advance or by way 
of reimbursement, and in such installments consistent with 
established practice, as he may determine.
  [(d) Funds made available pursuant to this subpart shall not 
be available for the construction, remodeling, or repair of 
structures to house the facilities or equipment acquired or 
developed with such funds, except that such funds may be used 
for minor remodeling which is necessary for and incidental to 
the installation of such facilities or equipment.
  [(e) For purposes of this section, the term ``nonbroadcast 
telecommunications facilities'' includes, but is not limited 
to, cable television systems, communications satellite systems 
and related terminal equipment, and other modes of 
transmitting, emitting, or receiving images and sounds or 
intelligence by means of wire, radio, optical, electromagnetic 
or other means.
  [(f) The funding of any demonstration pursuant to this 
subpart shall continue for not more than 3 years from the date 
of the original grant or contract.
  [(g) The Secretary shall require that the recipient of a 
grant or contract under this subpart submit a summary and 
evaluation of the results of the demonstration at least 
annually for each year in which funds are received pursuant to 
this section.
  [(h)(1) Each recipient of assistance under this subpart shall 
keep such records as may be reasonably necessary to enable the 
Secretary to carry out the Secretary's functions under this 
subpart, including records which fully disclose the amount and 
the disposition by such recipient of the proceeds of such 
assistance, the total cost of the project or undertaking in 
connection with which such assistance is given or used, the 
amount and nature of that portion of the cost of the project or 
undertaking supplied by other sources, and such other records 
as will facilitate an effective audit.
  [(2) The Secretary and the Comptroller General of the United 
States, or any of their duly authorized representatives, shall 
have access for the purposes of audit and examination to any 
books, documents, papers, and records of the recipient that are 
pertinent to assistance received under this subpart.
  [(i) The Secretary is authorized to make such rules and 
regulations as may be necessary to carry out this subpart, 
including regulations relating to the order of priority in 
approving applications for projects under this subpart or to 
determining the amounts of grants for such projects.
  [(j) The Commission is authorized to provide such assistance 
in carrying out the provisions of this subpart as may be 
requested by the Secretary. The Secretary shall provide for 
close coordination with the Commission in the administration of 
the Secretary's functions under this subpart which are of 
interest to or affect the functions of the Commission. The 
Secretary shall provide for close coordination with the 
Corporation in the administration of the Secretary's functions 
under this subpart which are of interest to or affect the 
functions of the Corporation.
  [(k) There are authorized to be appropriated $1,000,000 for 
each of the fiscal years 1979, 1980, and 1981, to be used by 
the Secretary to carry out the provisions of this subpart. Sums 
appropriated under this subsection for any fiscal year shall 
remain available for payment of grants or contracts for 
projects for which applications approved under this subpart 
have been submitted within one year after the last day of such 
fiscal year.]
          * * * * * * *
                              ----------                              


 INSERT SECTION 211 OF THE ACT OF DECEMBER 22, 1989 HERE deg.

                        ACT OF DECEMBER 22, 1989

 AN ACT To provide for the conservation and enhancement of the salmon 
and steelhead resources of the United States, assistance to treaty and 
    nontreaty harvesters of those resources, and for other purposes.

          * * * * * * *

               TITLE II--PROMOTION OF AMERICAN FISHERIES

SEC. 201. SHORT TITLE.

    This title may be cited as the ``American Fisheries 
Promotion Act''.

   Part A--Research and Development Regarding United States Fisheries

          * * * * * * *

SEC. 211. UNITED STATES FISHERY TRADE OFFICERS.

    [(a) Appointment.--For purposes of carrying out export 
promotion and other fishery development responsibilities, the 
Secretary of Commerce (hereinafter in this section referred to 
as the ``Secretary'') shall appoint not fewer than six officers 
who shall serve abroad to promote United States fishing 
interests. These officers shall be knowledgeable about the 
United States fishing industry, preferably with experience 
derived from the harvesting, processing, or marketing sectors 
of the industry or from the administration of fisheries 
programs. Such officers, who shall be employees of the 
Department of Commerce, shall have the designation of fishery 
trade officers.
    [(b) Assignment.--Upon the request of the Secretary, the 
Secretary of State shall officially assign fishery trade 
officers to such diplomatic missions of the United States as 
the Secretary designates (three of which shall be those in 
Brussels, Belgium; Rome, Italy; and Tokyo, Japan) and shall 
obtain for them diplomatic privileges and immunities equivalent 
to those enjoyed by foreign service personnel of comparable 
rank and salary.
    [(c) Functions of Fishery Trade Officers.--The functions of 
fishery trade officers appointed under subsection (a) shall 
be--
          [(1) to increase the effectiveness of United States 
        fishery export promotion efforts through such 
        activities as the coordination of market development 
        efforts and the provision of services and facilities 
        for exporters of United States fishery products;
          [(2) to develop, maintain, and make available to 
        interested persons listings of (A) trade, government, 
        and other organizations that are concerned with, or 
        have an interest in, international trade in United 
        States fishery products, and (B) United States fishery 
        products available for such trade;
          [(3) to prepare quarterly reports regarding (A) the 
        supply, demand, and prices of each United States 
        fishery product exported, or for which there may be 
        exported potential, to the foreign nation or area 
        concerned, and (B) the trade barriers or incentives of 
        such nation or area that affect imports of such 
        products;
          [(4) to prepare weekly statements regarding the 
        prices for each fishery product for which there may be 
        United States export potential to the foreign nation or 
        area concerned; and
          [(5) to carry out such other functions as the 
        Secretary may require.
    [(d) Administration.--The Secretary of State and the 
Secretary shall enter into cooperative arrangements concerning 
the provision of office space, equipment, facilities, clerical 
services, and such other administrative support as may be 
required for fishery trade officers and their families.]
          * * * * * * *
                              ----------                              


                         ACT OF AUGUST 11, 1939

           COMMONLY KNOWN AS THE ``SALTONSTALL-KENNEDY ACT''

  AN ACT To authorize the Federal Surplus Commodities Corporation to 
   purchase and distribute surplus products of the fishing industry.

          * * * * * * *
    Sec. 2. (a)  * * *
  [(b) Fund.--(1) The Secretary of Agriculture shall transfer 
to the Secretary each fiscal year, beginning with the fiscal 
year commencing July 1, 1954, and ending on June 30, 1957, from 
moneys made available to carry out the provisions of section 32 
of such Act of August 24, 1935, an amount equal to 30 per 
centum of the gross receipts from duties collected under the 
customs laws on fishery products (including fish, shellfish, 
mollusks, crustacea, aquatic plants and animals, and any 
products thereof, including processed and manufactured 
products), which shall be maintained in a separate fund only 
for--
          [(A) use by the Secretary--
                  [(i) to provide financial assistance for the 
                purpose of carrying out fisheries research and 
                development projects approved under subsection 
                (c),
                  [(ii) to implement the national fisheries 
                research and development program provided for 
                under subsection (d); and
                  [(iii) to implement the Northwest Atlantic 
                Ocean Fisheries Reinvestment Program 
                established under section 314 of the Magnuson 
                Fishery Conservation and Management Act.
          [(B) the provision of moneys, subject to paragraph 
        (2), to carry out the purposes of the Fisheries 
        Promotion Fund established under section 208(a) of the 
        Fish and Seafood Promotion Act of 1986.
  [(2) There are transferred from the fund established under 
paragraph (1) to the Fisheries Promotion Fund referred to in 
paragraph (1)(B) $750,000 in fiscal year 1987, $3,000,000 in 
each of fiscal years 1988 and 1989, and $2,000,000 in each of 
fiscal years 1990 and 1991.]
          * * * * * * *
                              ----------                              


         NORTH AMERICAN FREE TRADE AGREEMENT IMPLEMENTATION ACT

          * * * * * * *

  TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE NORTH 
                     AMERICAN FREE TRADE AGREEMENT

          * * * * * * *

SEC. 105. UNITED STATES SECTION OF THE NAFTA SECRETARIAT.

  (a)  * * *
  (b) Authorization of Appropriations.--There are authorized to 
be appropriated for [each fiscal year after fiscal year 1993] 
each of fiscal years 1994 and 1995 to the department or agency 
within which the United States Section is established the 
lesser of--
          (1) such sums as may be necessary; or
          (2) $2,000,000;
for the establishment and operations of the United States 
Section and for the payment of the United States share of the 
expenses of binational panels and extraordinary challenge 
committees convened under chapter 19, and of the expenses 
incurred in dispute settlement proceedings under chapter 20, of 
the Agreement.
          * * * * * * *

 TITLE V--NAFTA TRANSITIONAL ADJUSTMENT ASSISTANCE AND OTHER PROVISIONS

          * * * * * * *

      Subtitle D--Implementation of NAFTA Supplemental Agreements

          PART 1--AGREEMENTS RELATING TO LABOR AND ENVIRONMENT

          * * * * * * *

SEC. 533. AGREEMENT ON BORDER ENVIRONMENT COOPERATION COMMISSION.

  (a) Border Environment Cooperation Commission.--
          (1)  * * *
          (2) Contributions to the commission budget.--There 
        are authorized to be appropriated to the President (or 
        such agency as the President may designate) $5,000,000 
        for fiscal year 1994 [and each fiscal year thereafter] 
        fiscal year 1995 for United States contributions to the 
        budget of the Border Environment Cooperation Commission 
        pursuant to section 7 of Article III of Chapter I of 
        the Border Environment Cooperation Agreement. Funds 
        authorized to be appropriated for such contributions by 
        this paragraph are in addition to any funds otherwise 
        available for such contributions. Funds authorized to 
        be appropriated by this paragraph are authorized to be 
        made available until expended.
          * * * * * * *
                              ----------                              


                          ACT OF JUNE 18, 1934

             COMMONLY KNOWN AS THE FOREIGN TRADE ZONES ACT

AN ACT To provide for the establishment, operation, and maintenance of 
foreign-trade zones in ports of entry of the United States, to expedite 
         and encourage foreign commerce, and for other purposes

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That when 
used in this Act--
  (a)  * * *
  (b) The term ``Board'' means the Board which is hereby 
established to carry out the provisions of this Act. The Board 
shall consist of the [Secretary of Commerce] Administrator of 
the United States Trade Administration established in section 
215(d) of the Trade Reorganization Act of 1995, who shall be 
chairman and executive officer of the Board, the Secretary of 
the Treasury, and the Secretary of War;
          * * * * * * *
                              ----------                              


                 SECTION 771 OF THE TARIFF ACT OF 1930

SEC. 771. DEFINITIONS; SPECIAL RULES.

  For purposes of this title--
          (1) Administering authority.--The term 
        ``administering authority'' means the [Secretary of 
        Commerce] Administrator of the United States Trade 
        Administration established in section 215(d) of the 
        Trade Reorganization Act of 1995, or any other officer 
        of the United States to whom the responsibility for 
        carrying out the duties of the administering authority 
        under this title are transferred by law.
          * * * * * * *
                              ----------                              


           SECTION 661 OF THE FOREIGN ASSISTANCE ACT OF 1961

[SEC. 661. TRADE AND DEVELOPMENT AGENCY.

  [(a) Purpose.--The Trade and Development Agency shall be an 
agency of the United States under the foreign policy guidance 
of the Secretary of State. The purpose of the Trade and 
Development Agency is to promote United States private sector 
participation in development projects in developing and middle-
income countries.
  [(b) Authority To Provide Assistance.--
          [(1) Authority.--The Director of the Trade and 
        Development Agency is authorized to work with foreign 
        countries, including those in which the United States 
        development programs have been concluded or those not 
        receiving assistance under part I, to carry out the 
        purpose of this section by providing funds for 
        feasibility studies, architectural and engineering 
        design, and other activities related to development 
        projects which provide opportunities for the use of 
        United States exports.
          [(2) Use of funds.--Funds under this section may be 
        used to provide support for feasibility studies for the 
        planning, development, and management of, and 
        procurement for, bilateral and multilateral development 
        projects, including training activities undertaken in 
        connection with a project, for the purpose of promoting 
        the use of United States goods and services in such 
        projects. Funds under this section may also be used for 
        architectural and engineering design, including--
                  [(A) concept design, which establishes the 
                basic technical and operational criteria for a 
                project, such as architectural drawings for a 
                proposed facility, evaluation of site 
                constraints, procurement requirements, and 
                equipment specifications; and
                  [(B) detail design, which sets forth specific 
                dimensions and criteria for structural, 
                mechanical, electrical, and architectural 
                operations, and identifies other resources 
                required for project operations.
          [(3) Information dissemination.--(A) The Trade and 
        Development Agency shall disseminate information about 
        its project activities to the private sector.
          [(B) Other agencies of the United States Government 
        shall cooperate with the Trade and Development Agency 
        in order for the Agency to provide more effectively 
        informational services to persons in the private sector 
        concerning trade development and export promotion 
        related to development projects.
          [(4) Nonapplicability of other provisions.--Any funds 
        used for purposes of this section may be used 
        notwithstanding any other provision of law.
  [(c) Director and Personnel.--
          [(1) Director.--There shall be at the head of the 
        Trade and Development Agency a Director who shall be 
        appointed by the President, by and with the advice and 
        consent of the Senate.
          [(2) Officers and employees.--(A) The Director may 
        appoint such officers and employees of the Trade and 
        Development Agency as the Director considers 
        appropriate.
          [(B) The officers and employees appointed under this 
        paragraph shall have such functions as the Director may 
        determine.
          [(C) Of the officers and employees appointed under 
        this paragraph, 2 may be appointed without regard to 
        the provisions of title 5, United States Code, 
        governing appointments in the competitive service, and 
        may be compensated without regard to the provisions of 
        chapter 51 or subchapter III of chapter 53 of such 
        title.
          [(D) Under such regulations as the President may 
        prescribe, any individual appointed under subparagraph 
        (C) may be entitled, upon removal (except for cause) 
        from the position to which the appointment was made, to 
        reinstatement to the position occupied by that 
        individual at the time of appointment or to a position 
        of comparable grade and pay.
  [(d) Annual Report.--The President shall, not later than 
December 31 of each year, submit to the Committee on Foreign 
Affairs of the House of Representatives and the Committee on 
Foreign Relations of the Senate a report on the activities of 
the Trade and Development Agency in the preceding fiscal year.
  [(e) Audits.--
          [(1) In general.--The Trade and Development Agency 
        shall be subject to the provisions of chapter 35 of 
        title 31, United States Code, except as otherwise 
        provided in this section.
          [(2) Independent audit.--An independent certified 
        public accountant shall perform a financial and 
        compliance audit of the financial statements of the 
        Trade and Development Agency each year, in accordance 
        with generally accepted Government auditing standards 
        for a financial and compliance audit, taking into 
        consideration any standards recommended by the 
        Comptroller General. The independent certified public 
        accountant shall report the results of such audit to 
        the Director of the Trade and Development Agency. The 
        financial statements of the Trade and Development 
        Agency shall be presented in accordance with generally 
        accepted accounting principles. These financial 
        statements and the report of the accountant shall be 
        included in a report which contains, to the extent 
        applicable, the information identified in section 3512 
        of title 31, United States Code, and which the Trade 
        and Development Agency shall submit to the Congress not 
        later than 6\1/2\ months after the end of the last 
        fiscal year covered by the audit. The Comptroller 
        General may review the audit conducted by the 
        accountant and the report to the Congress in the manner 
        and at such times as the Comptroller General considers 
        necessary.
          [(3) Audit by comptroller general.--In lieu of the 
        financial and compliance audit required by paragraph 
        (2), the Comptroller General shall, if the Comptroller 
        General considers it necessary or upon the request of 
        the Congress, audit the financial statements of the 
        Trade and Development Agency in the manner provided in 
        paragraph (2).
          [(4) Availability of information.--All books, 
        accounts, financial records, reports, files, 
        workpapers, and property belonging to or in use by the 
        Trade and Development Agency and the accountant who 
        conducts the audit under paragraph (2), which are 
        necessary for purposes of this subsection, shall be 
        made available to the representatives of the General 
        Accounting Office designated by the Comptroller 
        General.
  [(f) Funding.--
          [(1) Authorization.--(A) There are authorized to be 
        appropriated for purposes of this section, in addition 
        to funds otherwise available for such purposes, 
        $77,000,000 for fiscal year 1995 and such sums as are 
        necessary for fiscal year 1996.
          [(B) Amounts appropriated pursuant to the 
        authorization of appropriations under subparagraph (A) 
        are authorized to remain available until expended.
          [(2) Funding for technical assistance grants by 
        multilateral development banks.--(A) The Trade and 
        Development Agency should, in fiscal years 1993 and 
        1994, substantially increase the amount of funds it 
        provides to multilateral development banks for 
        technical assistance grants.
          [(B) As used in subparagraph (A)--
                  [(i) the term ``technical assistance grants'' 
                means funding by multilateral development banks 
                of services from the United States in 
                connection with projects and programs supported 
                by such banks, including, but not limited to, 
                engineering, design, and consulting services; 
                and
                  [(ii) the term ``multilateral development 
                bank'' has the meaning given that term in 
                section 1701(c) of the International Financial 
                Institutions Act.]
                              ----------                              


            HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES

          * * * * * * *

                             GENERAL NOTES

          * * * * * * *
    3. Rates of Duty.--The rates of duty in the ``Rates of 
Duty'' columns designated 1 (``General'' and ``Special'') and 2 
of the tariff schedule apply to goods imported into the customs 
territory of the United States as hereinafter provided in this 
note:
          (a) Rate of Duty Column 1.
                  (i) * * *
          * * * * * * *
                  (iv) Products of Insular Possessions.
                          (A) Except [as provided in additional 
                        U.S. note 5 of chapter 91 and except] 
                        as provided in additional U.S. note 2 
                        of chapter 96, and except as provided 
                        in section 423 of the Tax Reform Act of 
                        1986, goods imported from insular 
                        possessions of the United States which 
                        are outside the customs territory of 
                        the United States are subject to the 
                        rates of duty set forth in column 1 of 
                        the tariff schedule, except that all 
                        such goods the growth or product of any 
                        such possession, or manufactured or 
                        produced in any such possession from 
                        materials the growth, product or 
                        manufacture of any such possession or 
                        of the customs territory of the United 
                        States, or of both, which do not 
                        contain foreign materials to the value 
                        of more than 70 percent of their total 
                        value (or more than 50 percent of their 
                        total value with respect to goods 
                        described in section 213(b) of the 
                        Caribbean Basin Economic Recovery Act), 
                        coming to the customs territory of the 
                        United States directly from any such 
                        possession, and all goods previously 
                        imported into the customs territory of 
                        the United States with payment of all 
                        applicable duties and taxes imposed 
                        upon or by reason of importation which 
                        were shipped from the United States, 
                        without remission, refund or drawback 
                        of such duties or taxes, directly to 
                        the possession from which they are 
                        being returned by direct shipment, are 
                        exempt from duty.
          * * * * * * *

           CHAPTER 91.--CLOCKS AND WATCHES AND PARTS THEREOF

          * * * * * * *

                         Additional U.S. Notes

          * * * * * * *
    [5. Products of Insular Possessions.--
          [(a) Except as provided in paragraphs (b) through 
        (ij) of this note, any article provided for in this 
        chapter which is the product of the Virgin Islands, 
        Guam and American Samoa (hereinafter referred to as the 
        ``insular possessions'') and which contains any foreign 
        component shall be subject to duty:
                  [(i) At the rates set forth in column 1, if 
                the countries of origin of more than 50 percent 
                in value of the foreign components are 
                countries to products of which column 1 rates 
                apply; and
                  [(ii) At the rates set forth in column 2, if 
                the countries of origin of 50 percent or more 
                in value of the foreign components are 
                countries to products of which column 2 rates 
                apply.
          [(b) Watch movements and watches (including watch 
        straps, watch bands, and watch bracelets assembled onto 
        watches) that are produced or manufactured in a United 
        States insular possession which contain any foreign 
        component may be admitted free of duty without regard 
        to the value of the foreign materials such watches 
        contain if they conform with the provisions of this 
        note, but the total quantity of such articles entered 
        free of duty shall not exceed the amounts established 
        by or pursuant to paragraph (d) of this note.
          [(c) Notwithstanding the provisions of paragraph (b) 
        of this note, the provisions of this note and the 
        benefits thereunder shall not apply to any article 
        containing any material which is the product of any 
        country with respect to which column 2 rates of duty 
        apply.
          [(d)(i) In calendar year 1983 the total quantity of 
        such articles which may be entered free of duty shall 
        not exceed 4,800,000 units.
          [(ii) In subsequent calendar years, the Secretary of 
        Commerce and the Secretary of the Interior (hereinafter 
        referred to as the ``Secretaries''), acting jointly, 
        shall establish a limit on the quantity which may be 
        entered free of duty during the calendar year, and 
        shall consider whether such limit is in the best 
        interest of the insular possessions and not 
        inconsistent with domestic or international trade 
        policy considerations. The quantity the Secretaries 
        establish in any calendar year under this paragraph 
        shall not--
                  [(A) exceed 10,000,000 units or one-ninth of 
                apparent domestic consumption (as determined by 
                the International Trade Commission pursuant to 
                paragraph (e) of this note), whichever is 
                greater;
                  [(B) be decreased by more than 10 percent of 
                the quantity established for the immediately 
                preceding calendar year; and
                  [(C) be increased to more than 7,000,000 
                units or by more than 20 percent of the 
                quantity established for the immediately 
                preceding calendar year, whichever is greater.
          [(e) On or before April 1 of each calendar year 
        (beginning with the first year in which imports from 
        the United States insular possessions exceed 9,000,000 
        units), the International Trade Commission shall 
        determine the apparent United States consumption of 
        watches and watch movements during the preceding 
        calendar year, shall report such determination to the 
        Secretaries, and shall publish such determination in 
        the Federal Register.
          [(f)(i) In calendar year 1983, not more than 
        3,000,000 units of the total quantity of articles 
        described in paragraph (d) which may be entered free of 
        duty shall be the product of the Virgin Islands, not 
        more than 1,200,000 units shall be the product of Guam, 
        and not more than 600,000 units shall be the product of 
        American Samoa.
          [(ii) For calendar year 1984 and thereafter, the 
        Secretaries may establish new territorial shares of the 
        total amount which may be entered free of duty, taking 
        into account the capacity of each territory to produce 
        and ship its assigned amounts. A territory's share in 
        any year shall not be reduced:
                  [(A) by more than 200,000 units in calendar 
                year 1984 or 1985; and
                  [(B) by more than 500,000 units in calendar 
                year 1986 or thereafter, except that no 
                territorial share shall be established at less 
                than 500,000 units.
          [(g) The Secretaries, acting jointly, shall allocate 
        the calendar year duty exemptions provided by 
        paragraphs (b), (d) and (f) of this note on a fair and 
        equitable basis among producers located in the insular 
        possessions, and shall issue appropriate licenses 
        thereof. Allocations made by the Secretaries shall be 
        final. In making the allocations, the Secretaries shall 
        consider the potential impact of territorial production 
        on domestic production of like articles and shall 
        establish allocation criteria (including minimum 
        assembly requirements) that will reasonably maximize 
        the net amount of direct economic benefits to the 
        insular possessions.
          [(h)(i) In the case of each calendar year beginning 
        after December 31, 1982, and before January 1, 1995, 
        the Secretaries, acting jointly, shall:
                  [(A) verify the wages paid by each producer 
                to permanent residents of the insular 
                possessions during the preceding calendar year; 
                and
                  [(B) issue to each producer (not later than 
                March 1 of such year) a certificate for the 
                applicable amount.
          [(ii) For purposes of subparagraph (i), except as 
        provided in subparagraphs (iii) and (iv), the term 
        ``applicable amount'' means an amount equal to the sum 
        of:
                  [(A) 90 percent of the producer's creditable 
                wages on the assembly during the preceding 
                calendar year of the first 300,000 units; plus
                  [(B) the applicable graduated declining 
                percentage (determined each year by the 
                Secretaries) of the producer's creditable wages 
                on the assembly during the preceding year of 
                units in excess of 300,000 but not in excess of 
                750,000.
    [(iii) The aggregate amount of all certificates which are 
issued during any calendar year shall not exceed an amount 
which bears the same ratio to $5,000,000 as:
          [(A) the gross national product of the United States 
        (as determined by the Secretary of Commerce) for the 
        preceding calendar year, bears to:
          [(B) the gross national product of the United States 
        (as so determined) for 1982.
    [(iv)  (A) Subject to the provision of clause (B), if the 
amount of the certificates issued under subparagraph (i) would 
exceed the limit under subparagraph (iii), the applicable 
amount of each producer's certificate shall be reduced 
proportionately by the amount of such excess.
    [(B) The applicable amount of any producer's certificate 
shall not be reduced below the amount determined under 
subparagraph (ii)(A), except that if the application of this 
clause would result in the aggregate amount of the certificates 
exceeding the limit under subparagraph (iii), the applicable 
amount of each producer's certificate shall again be reduced 
proportionately by the amount of the excess determined after 
application of this clause.
    [(v) Any certificate issued under subparagraph (i) shall 
entitle the certificate holder to secure the refund of duties 
equal to the face value of the certificate on watches, watch 
movements and, with the exception of discrete cases, parts 
therefor imported into the customs territory of the United 
States by the certificate holder. Such refunds shall be made 
under regulations issued by the Treasury Department. Not more 
than 5 percent of such refunds may be retained as a 
reimbursement to the Customs Service for the administrative 
costs of making the refunds.
    [(vi) Any certificate issued under subparagraph (i), or any 
portion thereof, shall be negotiable.
    [(vii) Any certificate issued under subparagraph (i) shall 
expire 1 year from the date of issuance and may be applied 
against duties on imports of watches and watch movements the 
entry of which were made within 2 years prior to the date of 
issuance of the certificate.
    [(viii) For purposes of determining the applicable amount 
of any producer's certificate to be issued during calendar year 
1983, the greater of:
          [(A) the producer's creditable wages for calendar 
        year 1982; or
          [(B) 60 percent of the producer's creditable wages 
        for calendar year 1981 shall be considered the 
        creditable wages for calendar year 1982.
    [(i-j) the Secretaries are authorized to issue such 
regulations, not inconsistent with the provisions of this note, 
as they determine necessary to carry out their respective 
duties under this note. Such regulations shall include minimum 
assembly requirements. Any duty-free entry determined not to 
have been made in accordance with applicable regulations shall 
be subject to the applicable civil remedies and criminal 
sanctions, and, in addition, the Secretaries may cancel or 
restrict the license or certificate of any manufacturer found 
in willful violation of the regulations.]
          * * * * * * *
                      DEMOCRATIC DISSENTING VIEWS

    We strongly disagree with the Committee decision to report 
favorably H.R. 1756, the ``Department of Commerce Dismantling 
Act,'' and the amendment in the nature of a substitute offered 
by Chairman Archer and adopted by the Committee. H.R. 1756, as 
amended, would abolish the Department of Commerce and establish 
a Commerce Programs Resolution Agency to wind up the affairs of 
the Department over the course of 3 years. Numerous existing 
programs would be terminated, while others would be transferred 
to other agencies. Among other things, the bill, as amended, 
would place the existing trade functions of the Department into 
a newly created United States Trade Administration.
    We believe that this legislation is nothing more than 
political trophy-hunting. In recent years, the Department of 
Commerce has emerged as one of the most effective government 
agencies in carrying out its assigned responsibilities. In an 
intensely competitive global economy, the Department of 
Commerce has become the surest ally of the U.S. business 
community in promoting exports and thereby domestic economic 
growth and job creation. Even though it is the smallest 
government Department, Commerce provides a vital resource base 
for the private sector. It also serves as a tireless advocate 
at home and abroad for U.S. business and economic interests, 
and provides a Cabinet-level voice for these interests.
    We are particularly disturbed that the Committee would 
consider and favorably report legislation as important as this 
when neither the Committee nor the Subcommittee on Trade have 
held public hearings nor received public comment on this or any 
other proposal to eliminate the Department of Commerce and 
reorganize the government's trade functions. We ask how the 
Committee can deal responsibly with this matter when it has not 
even developed a public record on the issue. In our view, no 
convincing or compelling case has been made, either in the 
Committee or elsewhere, for taking action of this type. There 
has been no response to the question, ``What is broken that 
needs fixing?'' Therefore, the Committee's action is 
irresponsible public policy-making. This legislation is nothing 
more than a proposed solution to a problem that simply does not 
exist.
    It has been argued that the proposed legislation will save 
some $8 billion over 5 years. These alleged savings apparently 
were based on the 1995 CBO baseline budget estimates for 1996-
2000. It has come to our attention, however, that other 
analyses of the budgetary impact of this legislation conclude 
that, due to significant errors, omissions, and invalid 
assumptions in calculating the alleged savings, the net 
additional costs of the legislation would actually exceed the 
projected savings by $2.342 billion. Unfortunately, due to the 
way this legislation has been processed by the Committee, we 
are not in a position to determine what the budgetary impact 
would be. Further, the legislation would cut authorized funding 
for the transferred Commerce trade functions by 25 percent from 
1994 levels. We strongly oppose these cuts. No Committee 
consideration was given to the impact of such a reduction on 
the ability of the new agency to carry out its statutory 
functions.
    We offer the following observations on the proposed 
reorganization of the government's trade functions. First, the 
current scope and structure of the Department of Commerce's 
trade functions arise from decisions made by the Committee on 
Ways and Means and the Congress in the late 1970s. Commerce has 
performed these functions--import administration, export 
licensing well. Indeed, in recent years under strong 
leadership, Commerce has developed a productive synergy between 
these functions, together with the technology functions of the 
Department, that has enhanced the ability of our economy to 
compete in today's global marketplace. The proposed legislation 
needlessly reshuffles and reduces these activities at exactly 
the wrong time. Proposed reorganization and funding cuts 
apparently arise from the mistaken belief that today's 
marketplace is still a national and not an international 
marketplace, and that the marketplace alone will solve our 
competitive problems,. The reality is that every other country 
in the world assists its companies to compete globally. For us 
to eliminate a Department that has been performing well and to 
cut or eliminate those programs that promote growth and 
competitiveness is shortsighted and will ultimately be 
detrimental to the economic and competitive position of this 
country. It is ironic that it is the Republicans who are 
proposing action that will be injurious to the ability of U.S. 
business to compete globally.
    Second, we oppose various provisions in the substitute 
dealing with specific trade matters. There has been no public 
input on these matters nor was there any meaningful discussion 
by the Republicans with the Administration or Committee 
Democrats on the advisability of these provisions. 
Specifically, we oppose the requirement that future U.S. 
participation in the NAFTA Secretariat and the Border 
Environment Cooperation Commission be funded out of 
authorizations for other trade functions. No rationale was 
provided for eliminating the separate authorizations for these 
functions. We also oppose the prohibition on the authority of 
the President to appoint any officer of the Office of the U.S. 
Trade Representative (USTR) other than the USTR and the 
Deputies to ambassadorial rank. There may be important 
negotiations and trade policy matters for which it would be 
entirely appropriate for another officer of USTR to have such 
rank. For example, the lead negotiators for the Uruguay Round 
and for the U.S.-Canadian Free Trade Agreement both had 
ambassadorial rank, equivalent to the status of the negotiators 
representing foreign countries. A statutory limitation on who 
can have ambassadorial rank at USTR is totally inappropriate. 
Finally, we question the elimination of the U.S. watch import 
program. We wonder what the economic impact will be on the 
Virgin Islands and whether our Republican colleagues held 
consultations with representatives of the Virgin Islands on 
this provision.
    Lastly, while we strongly oppose this legislation, we do 
agree with our Republican colleagues, as reflected in Chairman 
Archer's substitute, that it is absolutely essential to leave 
the Office of the United States Trade Representative as it is. 
This Office was created by the Committee on Ways and Means and 
the Congress in 1962 to serve as a supra-Cabinet-level agency 
within the Executive Office of the President to coordinate 
trade policy-making and to serve as the President's and the 
Congress' chief trade adviser and negotiator. This relatively 
small White House office is essential to coordinate and 
arbitrate the differing policy perspectives represented by the 
existing Departments.
    USTR is a unique agency because it is responsible to both 
the President and to the Congress. It has performed its duties 
successfully and is widely acknowledged to be one of the most 
effective agencies in government. To remove USTR from the 
Executive Office of the President and merge it with the 
Commerce trade functions, as some have suggested, would 
downgrade USTR to the same status as other Departments and 
destroy its ability to coordinate trade policy within the 
Executive branch. It would also reverse continuing efforts by 
the Congress and the private sector over the past 20 years to 
make international trade policy considerations a high priority 
in interagency decision-making. Such a merger would be 
unacceptable and a repudiation of over three decades of 
bipartisanship on trade matters in the Congress. Whatever else 
happens on reorganization of the government's trade functions, 
USTR simply must remain a independent agency within the 
Executive Office of the President to coordinate trade policy 
and conduct trade negotiations for the United States.
                                   Sam Gibbons.
                                   Charles B. Rangel.
                                   John Lewis.
                                   Robert T. Matsui.
                                   Barbara B. Kennelly.
                                   Sander M. Levin.
                                   L.F. Payne.
                                   Gerald D. Kleczka.
                                   Ben Cardin.
                                   Jim McDermott.
                                   Richard E. Neal.
                                   Pete Stark.
                                   William J. Coyne.
                                   Harold Ford.
                      ADDITIONAL DISSENTING VIEWS

    We believe that the Committee's decision to dismantle the 
Department of Commerce is bad news for the competitiveness of 
American industry and the American worker. However, the 
amendment in the nature of a substitute adopted by the 
Committee is particularly bad news for the textile and apparel 
industry and its workers.
    First, by adopting the substitute, the Committee abolishes 
the ambassadorial rank for USTR's Chief Textile negotiator. 
Like negotiators involved in the Uruguay Round and the U.S.-
Canada Free Trade Agreement, textile negotiators generally have 
ambassadorial rank. As with other U.S. negotiators, dictating 
who can have ambassadorial rank is inappropriate.
    Second, by adopting the substitute, the Committee opted to 
eliminate the Committee for the Implementation of Textile 
Agreements (CITA). This was done without any consideration of 
CITA's place in the administration of the textile program. 
Worse, CITA's elimination will not produce any budget savings. 
All of the members of CITA have their own particular 
responsibilities and budgets that will continue after CITA's 
elimination. The substitute amendment adopted by the Committee 
scatters CITA's functions to two separate and very different 
agencies: USTR, a small, negotiations-focused department 
located in the Executive Office of the President; and the 
International Trade Commission, an independent agency headed by 
six commissioners that has never had responsibility for the 
textile program and is already experiencing a surge in its 
workload due to the implementation of the Uruguay Round. As in 
most aspects of the dismantling of the Department of Commerce, 
the Committee's action leaves troubling questions unanswered. 
How will USTR perform CITA's complicated and critical duties 
with only two staff members dedicated to the textile program? 
How will USTR and the ITC interact to administer the textile 
program in a coherent fashion? Where will the domestic industry 
and workers find their views represented in the administration 
of the textile program? How will the often wide-ranging views 
of the departments of State, Treasury and Labor--all CITA 
members--be solicited and conveyed under the substitute?
    The elimination of CITA provides one more example of the 
unaddressed and unanswered questions relating to the 
dismantling of the Department of Commerce, as well as one more 
reason we oppose this legislation.
                                   Robert T. Matsui.
                                   Gerald D. Kleczka.
                                   Charles B. Rangel.
                                   Richard E. Neal.
                                   L.F. Payne.
                                   John Lewis.
                                   Ben Cardin.
                                   Barbara B. Kennelly.
                                   Sander M. Levin.