Department of Commerce and the Workforce Consolidation Act - Establishes the Department of Commerce and the Workforce, headed by a Secretary of Commerce and the Workforce, as an executive department for the advancement of economic growth and job opportunities. Consolidates in such Department: (1) the Office of the Workforce, (2) the Patent and Trademark Office, (3) the Small Business Administration (SBA), (4) the Office of Economic Affairs and Statistics, (5) the National Institute of Standards and Technology (NIST), (6) the International Trade Administration, (7) the Bureau of Industry and Security, (8) the Economic Development and Training Administration, (9) the Communications and Information Administration, and (10) the Office of Inspector General. Sets forth the powers and responsibilities of the Secretary.
Transfers: (1) specified functions and programs of the Departments of Commerce and Labor to the Department of Commerce and the Workforce, (2) all functions of the National Oceanic and Atmospheric Administration (NOAA) to the Department of the Interior, and (3) all functions of the National Marine Fisheries Service of NOAA to the United States Fish and Wildlife Service.
Eliminates: (1) the International Labor Comparisons program of the Bureau of Labor Statistics, (2) the career pathways innovation fund established under the Workforce Investment Act of 1998, (3) the Enhanced Transitional Jobs Demonstration program (4) grants for public telecommunications facilities, (5) the Baldridge Performance Excellence Program, (6) the Malcolm Baldridge National Quality Award, (6) the Emergency Steel Guaranteed Loan Program, and (7) certain functions and programs of the Bureau of the Census.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1836 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1836
To merge the Department of Labor, the Department of Commerce, and the
Small Business Administration to establish a Department of Commerce and
the Workforce, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 17, 2013
Mr. Burr (for himself, Mr. Coats, and Mr. Inhofe) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To merge the Department of Labor, the Department of Commerce, and the
Small Business Administration to establish a Department of Commerce and
the Workforce, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Department of
Commerce and the Workforce Consolidation Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--ESTABLISHMENT OF DEPARTMENT
Sec. 101. Establishment.
Sec. 102. Office of the Secretary.
Sec. 103. Office of the Workforce.
Sec. 104. Patent and Trademark Office.
Sec. 105. Small Business Administration.
Sec. 106. Office of Economic Affairs and Statistics.
Sec. 107. National Institute of Standards and Technology.
Sec. 108. International Trade Administration.
Sec. 109. Bureau of Industry and Security.
Sec. 110. Other offices.
Sec. 111. Inspector General.
Sec. 112. Performance of specific functions.
TITLE II--TRANSFER OF FUNCTIONS
Sec. 201. Transfer of functions to Department.
Sec. 202. Transfer of functions to Department of the Interior.
Sec. 203. Transfer of functions to Bureau of International Labor
Affairs.
TITLE III--ADMINISTRATIVE PROVISIONS
Subtitle A--Personnel Provisions
Sec. 311. Officers and employees.
Sec. 312. Experts and consultants.
Sec. 313. Advisory committees.
Subtitle B--General Administrative Provisions
Sec. 321. General authority.
Sec. 322. Delegation.
Sec. 323. Reorganization.
Sec. 324. Rules.
Sec. 325. Subpoena.
Sec. 326. Contracts.
Sec. 327. Facilities construction.
Sec. 328. Use of facilities.
Sec. 329. Field offices.
Sec. 330. Copyrights.
Sec. 331. Capital fund.
Sec. 332. Seal of Department.
Sec. 333. Annual report.
Sec. 334. Transfer of funds.
TITLE IV--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS
Sec. 401. Transfer and allocations of appropriations and personnel.
Sec. 402. Effect on personnel.
Sec. 403. Agency terminations.
Sec. 404. Incidental transfers.
Sec. 405. Savings provisions.
Sec. 406. Reference.
Sec. 407. Presidential authority.
Sec. 408. Transition.
Sec. 409. Administrative amendments.
Sec. 410. Director of Office of Personnel Management report.
Sec. 411. Investigations and reports on duplicative programs and
activities.
TITLE V--EFFECTIVE DATE AND INTERIM APPOINTMENTS
Sec. 501. Effective date.
Sec. 502. Interim appointments.
TITLE VI--ELIMINATION AND REDUCTION OF PROGRAMS
Sec. 601. Elimination of programs.
SEC. 2. DEFINITIONS.
In this Act:
(1) Assets.--The term ``assets'' includes contracts,
facilities, property, records, unobligated or unexpended
balances of appropriations, and other funds or resources (other
than personnel).
(2) Department.--The term ``Department'' means the
Department of Commerce and the Workforce.
(3) Function.--The term ``function'' includes any
authority, power, right, privilege, immunity, program, project,
activity, duty, and responsibility.
(4) Perform.--The term ``perform'', with respect to a
function, includes--
(A) the undertaking, fulfillment, or execution of
any duty or obligation; and
(B) the exercise of any power, authority, right, or
privilege.
(5) Personnel.--The term ``personnel'' means officers and
employees.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Commerce and the Workforce.
TITLE I--ESTABLISHMENT OF DEPARTMENT
SEC. 101. ESTABLISHMENT.
(a) Establishment.--There is established an executive department to
be known as the Department of Commerce and the Workforce.
(b) Mission.--The primary mission of the Department shall be to
advance economic growth and jobs and opportunities for the people of
the United States by--
(1) driving United States competitiveness in the global
marketplace;
(2) ensuring a competitive economic climate that is
conducive to the development, growth, and expansion of small
businesses; and
(3) promoting and developing the safety and welfare of the
wage earners, job seekers, and retirees of the United States.
(c) Secretary.--The head of the Department shall be the Secretary
of Commerce and the Workforce, who shall be appointed by the President,
by and with the advice and consent of the Senate.
(d) Administration.--The Department shall be administered, in
accordance with this Act, under the supervision and direction of the
Secretary.
SEC. 102. OFFICE OF THE SECRETARY.
(a) Deputy Secretary.--
(1) Appointment.--There shall be in the Office of the
Secretary a Deputy Secretary of Commerce and the Workforce, who
shall be appointed by the President, by and with the advice and
consent of the Senate.
(2) Temporary assumption of duties of secretary.--The
Deputy Secretary shall perform the duties of the Secretary--
(A) in case of the death, resignation, or removal
from office of the Secretary, until a successor is
appointed; and
(B) in case of the absence or sickness of the
Secretary, until the termination of such absence or
sickness.
(b) Offices in the Office of the Secretary.--There shall be in the
Office of the Secretary--
(1) the Office of Public Liaison and Special Assistance;
(2) the Office of Legislative and Intergovernmental
Affairs;
(3) the Office of the Executive Secretariat; and
(4) the Office of Community and Public Affairs.
(c) General Counsel.--
(1) Appointment.--There shall be in the Department a
General Counsel, who shall be appointed by the President, by
and with the advice and consent of the Senate.
(2) Solicitor.--The Secretary shall appoint, in the Office
of the General Counsel, a Solicitor of Commerce and the
Workforce.
(d) Assistant Secretaries.--The President shall appoint, by and
with the advice and consent of the Senate, in the Office of the
Secretary--
(1) an Assistant Secretary for Policy, who shall be the
head of the Office of Policy; and
(2) an Assistant Secretary for Legislative and
Intergovernmental Affairs, who shall be the head of the Office
of Legislative and Intergovernmental Affairs.
(e) Directors.--The Secretary shall appoint, in the Office of the
Secretary--
(1) an Executive Secretariat Director, who shall be the
head of the Office of the Executive Secretariat; and
(2) a Community and Public Affairs Director, who shall be
the head of the Office of Community and Public Affairs.
(f) Other Officers.--To assist the Secretary in the performance of
the functions of the Department, the Secretary shall appoint, as
officers of the Department--
(1) a Chief of Staff;
(2) a Chief Financial Officer; and
(3) a Chief Information Officer.
SEC. 103. OFFICE OF THE WORKFORCE.
(a) Establishment.--There shall be in the Department an Office of
the Workforce.
(b) Under Secretary.--The head of the Office of the Workforce shall
be the Under Secretary of the Workforce, who shall be appointed by the
President, by and with the advice and consent of the Senate.
(c) Boards, Administrations, and Offices.--There shall be in the
Office of the Workforce--
(1) the Administrative Review Board;
(2) the Benefits Review Board;
(3) the Occupational Safety and Health Administration;
(4) the Office of Workers Compensation Programs;
(5) the Wage and Hour Division;
(6) the Employee Benefits and Security Administration;
(7) the Mine Safety and Health Administration;
(8) the Office of Labor-Management Standards;
(9) the Veterans's Employment and Training Service; and
(10) the Office of Disability Employment Policy.
SEC. 104. PATENT AND TRADEMARK OFFICE.
(a) Establishment.--There shall be in the Department the Patent and
Trademark Office.
(b) Under Secretary.--The head of the Patent and Trademark Office
shall be the Under Secretary for Intellectual Property, who shall be
appointed by the President, by and with the advice and consent of the
Senate.
SEC. 105. SMALL BUSINESS ADMINISTRATION.
(a) Establishment.--There shall be in the Department the Small
Business Administration.
(b) Under Secretary.--The head of the Small Business Administration
shall be the Under Secretary of Small Business, who shall be appointed
by the President, by and with the advice and consent of the Senate.
(c) Deputy Under Secretary.--There shall be in the Small Business
Administration a Deputy Under Secretary of Small Business, who shall be
appointed by the President, by and with the advice and consent of the
Senate.
(d) Assistant Secretaries.--To assist the Under Secretary of Small
Business in the performance of the duties of the Small Business
Administration, the Under Secretary of Small Business shall appoint 4
Assistant Secretaries.
SEC. 106. OFFICE OF ECONOMIC AFFAIRS AND STATISTICS.
(a) Establishment.--There shall be in the Department an Office of
Economic Affairs and Statistics.
(b) Under Secretary.--The head of the Office of Economic Affairs
and Statistics shall be the Under Secretary for Economic Affairs and
Statistics, who shall be appointed by the President, by and with the
advice and consent of the Senate.
(c) Bureaus.--There shall be in the Office of Economic Affairs and
Statistics--
(1) the Bureau of the Census; and
(2) the Bureau of Economic Analysis.
(d) Officers.--The Secretary, after consultation with the Under
Secretary for Economic Affairs and Statistics, shall appoint, in the
Office of Economic Affairs and Statistics--
(1) a Chief Economist;
(2) a Director of the Bureau of the Census, who shall be
the head of the Bureau of the Census; and
(3) a Director of the Bureau of Economic Analysis, who
shall be the head of the Bureau of Economic Analysis.
SEC. 107. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.
(a) Establishment.--There shall be in the Department the National
Institute of Standards and Technology.
(b) Under Secretary.--The head of the National Institute of
Standards and Technology shall be the Under Secretary for Standards and
Technology, who shall be appointed by the President, by and with the
advice and consent of the Senate.
(c) National Technical Information Service.--The National Technical
Information Service shall be a component of the National Institute of
Standards and Technology.
SEC. 108. INTERNATIONAL TRADE ADMINISTRATION.
(a) Establishment.--There shall be in the Department the
International Trade Administration.
(b) Under Secretary.--The head of the International Trade
Administration shall be the Under Secretary for International Trade,
who shall be appointed by the President, by and with the advice and
consent of the Senate.
(c) Assistant Secretaries.--The President shall appoint, by and
with the advice and consent of the Senate, 4 Assistant Secretaries in
the International Trade Administration, including--
(1) an Assistant Secretary for Market Access and
Compliance;
(2) an Assistant Secretary for Import Administration;
(3) an Assistant Secretary for Trade Promotion; and
(4) an Assistant Secretary for Manufacturing and Services.
(d) Bureau of International Labor Affairs.--The Bureau of
International Labor Affairs shall be a component of the International
Trade Administration.
SEC. 109. BUREAU OF INDUSTRY AND SECURITY.
(a) Establishment.--There shall be in the Department a Bureau of
Industry and Security.
(b) Under Secretary.--The head of the Bureau of Industry and
Security shall be the Under Secretary for Industry and Security, who
shall be appointed by the President, by and with the advice and consent
of the Senate.
(c) Assistant Secretaries.--There shall be in the Bureau of
Industry and Security, who shall each be appointed by the President, by
and with the advice and consent of the Senate--
(1) an Assistant Secretary for Export Administration; and
(2) an Assistant Secretary for Manufacturing Services.
SEC. 110. OTHER OFFICES.
(a) Economic Development and Training Administration.--
(1) Establishment.--There shall be in the Department the
Economic Development and Training Administration.
(2) Assistant secretary.--The head of the Economic
Development and Training Administration shall be the Assistant
Secretary for Economic Development and Training, who shall be
appointed by the President, by and with the advice and consent
of the Senate.
(b) Communications and Information Administration.--
(1) Establishment.--There shall be in the Department the
Communications and Information Administration.
(2) Assistant secretary.--The head of the Communications
and Information Administration shall be the Assistant Secretary
for Communications and Information, who shall be appointed by
the President, by and with the advice and consent of the
Senate.
SEC. 111. INSPECTOR GENERAL.
There shall be an Inspector General of the Department, who shall be
appointed as provided in section 3(a) of the Inspector General Act of
1978 (5 U.S.C. App.).
SEC. 112. PERFORMANCE OF SPECIFIC FUNCTIONS.
Subject to this Act, each officer of the Department shall perform
the functions specified by law for the office of the official or
prescribed by the Secretary.
TITLE II--TRANSFER OF FUNCTIONS
SEC. 201. TRANSFER OF FUNCTIONS TO DEPARTMENT.
(a) In General.--Except as otherwise specifically provided in this
title--
(1) all functions of the Department of Commerce and the
Department of Labor are transferred to the Department; and
(2) all functions of the Secretary of Commerce and the
Secretary of Labor are transferred to the Secretary.
(b) Deputy Secretary of Commerce and the Workforce.--There are
transferred to the Deputy Secretary of Commerce and the Workforce all
functions of the Deputy Secretary of Commerce and the Deputy Secretary
of Labor.
(c) General Counsel.--There are transferred to the General Counsel
of the Department all the functions of the General Counsel of the
Department of Commerce, the Solicitor of Labor, and the General Counsel
of the Small Business Administration.
(d) Office of Policy.--There are transferred to the Assistant
Secretary for Policy of the Department all functions of the Office of
Policy and Strategic Planning of the Department of Commerce and the
Assistant Secretary for Policy of the Department of Labor.
(e) Office of Legislative and Intergovernmental Affairs.--There are
transferred to the Assistant Secretary for Legislative and
Intergovernmental Affairs of the Department all functions of the
Assistant Secretary for Legislative and Intergovernmental Affairs of
the Department of Commerce, the Office of Congressional and Inter-
Governmental Affairs of the Department of Labor, and the Office of
Congressional and Legislative Affairs of the Small Business
Administration.
(f) Executive Secretariat.--There are transferred to the Office of
the Executive Secretariat of the Department all functions of the
Executive Secretariat of the Department of Commerce, the Executive
Secretariat of the Department of Labor, and the Executive Secretariat
of the Small Business Administration.
(g) Office of Public Liaison and Special Assistance.--There are
transferred to the Office of Public Liaison and Special Assistance of
the Department all functions of the Minority Business Development
Agency of the Department of Commerce and the Women's Bureau of the
Department of Labor.
(h) Office of Community and Public Affairs.--There are transferred
to the Office of Community and Public Affairs of the Department all
functions of--
(1) the Office of Public Affairs of the Department of
Commerce;
(2) the Office of Public Affairs and the Center for Faith-
based and Neighborhood Partnerships of the Department of Labor;
and
(3) the Office of Communications and Public Liaison and the
Office of Faith Based and Neighborhood Partnerships of the
Small Business Administration.
(i) Chief of Staff.--There are transferred to the Chief of Staff of
the Department all functions of the Chief of Staff of the Department of
Commerce, the Chief of Staff of the Department of Labor, and the Chief
of Staff of the Small Business Administration.
(j) Chief Financial Officer.--There are transferred to the Chief
Financial Officer of the Department all functions of the Chief
Financial Officer and Assistant Secretary for Administration, the Chief
Financial Officer of the Department of Labor, and the Chief Financial
Officer of the Small Business Administration.
(k) Chief Information Officer.--There are transferred to the Chief
Information Officer of the Department all functions of the Chief
Information Officer of the Department of Commerce and the Chief
Information Officer of the Small Business Administration.
(l) Office of the Workforce.--There are transferred to the Office
of the Workforce all functions of the Department of Labor.
(m) Patent and Trademark Office.--There are transferred to the
Under Secretary for Intellectual Property of the Department all
functions of the United States Patent and Trademark Office.
(n) Small Business Administration.--There are transferred to the
Under Secretary of Small Business, the Deputy Under Secretary of Small
Business, the Assistant Secretaries of the Small Business
Administration, and the Small Business Administration of the Department
all functions of the Administrator of Small Business, the Deputy
Administrator of Small Business, the Associate Administrators of the
Small Business Administration, and the Small Business Administration,
respectively.
(o) National Institute of Standards and Technology.--There are
transferred to the Under Secretary for Standards and Technology of the
Department all functions of the National Institute of Standards and
Technology of the Department of Commerce.
(p) Office of Economic Affairs and Statistics.--There are
transferred to the Under Secretary for Economic Affairs and Statistics
all functions of the Economics and Statistics Administration of the
Department of Commerce and the Bureau of Labor Statistics of the
Department of Labor.
(q) Chief Economist.--There are transferred to the Chief Economist
of the Department all functions of the Chief Economist of the
Department of Commerce and the Chief Economist of the Department of
Labor.
(r) Bureau of Industry and Security.--There are transferred to the
Under Secretary of Industry and Security of the Department all
functions of the Bureau of Industry and Security of the Department of
Commerce.
(s) Economic Development and Training Administration.--There are
transferred to the Economic Development and Training Administration of
the Department all functions of the Economic Development Administration
of the Department of Commerce and the Employment and Training
Administration of the Department of Labor.
SEC. 202. TRANSFER OF FUNCTIONS TO DEPARTMENT OF THE INTERIOR.
(a) In General.--There are transferred to the Secretary of the
Interior all functions of the National Oceanic and Atmospheric
Administration.
(b) National Marine Fisheries Service.--There are transferred to
the United States Fish and Wildlife Service all functions of the
National Marine Fisheries Service of the National Oceanic and
Atmospheric Administration.
SEC. 203. TRANSFER OF FUNCTIONS TO BUREAU OF INTERNATIONAL LABOR
AFFAIRS.
There are transferred to the International Trade Administration all
functions of the Bureau of International Labor Affairs.
TITLE III--ADMINISTRATIVE PROVISIONS
Subtitle A--Personnel Provisions
SEC. 311. OFFICERS AND EMPLOYEES.
The Secretary may appoint and fix the compensation of such officers
and employees, including attorneys, as the Secretary determines
necessary to carry out the functions of the Department in accordance
with chapters 33 and 53 of title 5, United States Code.
SEC. 312. EXPERTS AND CONSULTANTS.
The Secretary may obtain services authorized by section 3109 of
title 5, United States Code, at rates not to exceed the daily rate
prescribed for grade GS-15 of the General Schedule under section 5332
of title 5, United States Code, for persons employed intermittently in
Government service.
SEC. 313. ADVISORY COMMITTEES.
(a) In General.--The Secretary may establish in accordance with the
Federal Advisory Committee Act (5 U.S.C. App.) such advisory committees
as the Secretary determines necessary to assist in the performance of
the duties of the Secretary.
(b) Travel Expenses.--Members of an advisory committee established
under subsection (a), other than full-time employees of the Federal
Government, may be allowed travel expenses, including per diem in lieu
of subsistence, as authorized by section 5703 of title 5, United States
Code, while attending meetings of the advisory committee or otherwise
serving at the request of the Secretary away from the homes or places
of business of the members.
Subtitle B--General Administrative Provisions
SEC. 321. GENERAL AUTHORITY.
To the extent appropriate to perform any function transferred by
this Act, the Secretary or any officer or employee of the Department
may exercise, in carrying out the function so transferred, any
authority available by law (including appropriations Acts) to the
official or agency from which the function was transferred.
SEC. 322. DELEGATION.
Except as otherwise expressly prohibited by law, and except as
otherwise provided in this Act, the Secretary may, as the Secretary
determines to be appropriate--
(1) delegate any functions to officers or employees of the
Department; and
(2) authorize successive redelegations of functions within
the Department.
SEC. 323. REORGANIZATION.
(a) In General.--Subject to subsection (b), the Secretary may
establish, alter, consolidate, or discontinue such organizational units
or components within the Department as the Secretary determines to be
appropriate.
(b) Limitations.--The authority of the Secretary under subsection
(a) shall not extend to--
(1) the abolition of any organizational unit or component
established by this Act; or
(2) the transfer of any function vested by this Act in any
organizational unit or component.
SEC. 324. RULES.
The Secretary may promulgate such procedural and administrative
regulations as the Secretary determines to be appropriate to administer
and manage the functions of the Secretary under this Act.
SEC. 325. SUBPOENA.
For the purpose of carrying out this Act, the Secretary (or a
designee) shall have the same powers and authorities as the Federal
Trade Commission under section 9 of the Federal Trade Commission Act
(15 U.S.C. 49) with respect to all functions vested in, or transferred
or delegated to, the Secretary by this Act.
SEC. 326. CONTRACTS.
(a) In General.--The Secretary may enter into and perform such
contracts, leases, cooperative agreements, or other similar
transactions with public agencies, private organizations, and
individuals, and make such payments (in lump sum or installments, and
by way of advance or reimbursement), as the Secretary determines to be
appropriate to carry out the functions under this Act.
(b) Limitation on Authority.--Notwithstanding any other provision
of this title, no authority to enter into contracts or to make payments
under this title shall be effective except to such extent or in such
amounts as are provided in advance in appropriations Acts.
(c) Leasing of Excess Department Property.--The Secretary may
lease, in accordance with such terms and conditions the Secretary
considers to be appropriate to promote national security or the public
interest, any acquired real property and related personal property
that--
(1) is located at a facility of the Department to be closed
or reconfigured;
(2) at the time the lease is entered into, is not needed by
the Department; and
(3) is under the control of the Department.
(d) Terms of Lease.--
(1) In general.--A lease entered into under subsection (c)
shall be for a term of not more than 10 years, except that the
Secretary may enter into a lease that includes an option to
renew for a term of more than 10 years if the Secretary
determines that entering into such a lease will promote the
national security or be in the public interest.
(2) Consideration.--
(A) In general.--A lease entered into under
subsection (c) may provide for the payment (in cash or
in-kind) by the lessee of consideration in an amount
that is less than the fair market rental value of the
leasehold interest.
(B) Services.--Services relating to the protection
and maintenance of the leased property may constitute
all or part of the consideration under this paragraph.
(e) Environmental Concerns.--
(1) In general.--Subject to paragraph (2), before entering
into a lease under subsection (c), the Secretary shall consult
with, and obtain the concurrence of, the appropriate State
official (with respect to property located on a site that is
not listed on the National Priorities List) to determine
whether the environmental conditions of the property are such
that leasing the property, and the terms and conditions of the
lease agreement, are consistent with safety and the protection
of public health and the environment.
(2) Failure to obtain concurrence.--The Secretary may enter
into a lease under subsection (c) without obtaining the
concurrence of the appropriate State official under paragraph
(1) if, by the date that 60 days after the date on which the
Secretary requests the concurrence, the appropriate State
official fails to submit to the Secretary a notice of
concurrence with, or rejection of, the determination.
(f) Rentals.--
(1) Retention.--
(A) In general.--To the extent provided in advance
in appropriations Acts, the Secretary may retain and
use money received by the Secretary directly from a
lease entered into under subsection (c) in any amount
the Secretary considers to be necessary to cover the
administrative expenses of the lease, the maintenance
and repair of the leased property, or environmental
restoration activities at the facility at which the
leased property is located.
(B) Treatment.--Amounts retained under this
subsection shall be retained in a separate account
established in the Treasury for that purpose.
(2) Report.--The Secretary shall submit to Congress annual
reports on the amounts retained and used under this subsection.
SEC. 327. FACILITIES CONSTRUCTION.
(a) In General.--As necessary and when not otherwise available, the
Secretary may provide for, construct, or maintain the following for
employees and dependents stationed at remote locations:
(1) Emergency medical services and supplies.
(2) Food and other subsistence supplies.
(3) Messing facilities.
(4) Audiovisual equipment, accessories, and supplies for
recreation and training.
(5) Reimbursement for food, clothing, medicine, and other
supplies furnished by those employees in emergencies for the
temporary relief of distressed individuals.
(6) Living and working quarters and facilities.
(7) Transportation of school-aged dependents of employees
to the nearest appropriate educational facilities.
(b) Pricing.--The furnishing of medical treatment under subsection
(a)(1) and the furnishing of services and supplies under paragraphs (2)
and (3) of subsection (a) shall be at prices reflecting reasonable
value, as determined by the Secretary.
(c) Treatment.--
(1) In general.--Proceeds from reimbursements under this
section--
(A) shall be deposited in the Treasury; and
(B) may be withdrawn by the Secretary--
(i) to pay directly the cost of work or
services;
(ii) to repay or make advances to
appropriations of funds that will initially
bear all or a part of that cost; or
(iii) to refund excess sums when necessary.
(2) Crediting to funds.--A payment by the Secretary under
paragraph (1)(B) may be credited to a working capital fund
otherwise established by law, including the fund established
pursuant to section 331, and used under the law governing the
fund, if the fund is available for use by the Department for
performing the work or services for which payment is received.
SEC. 328. USE OF FACILITIES.
(a) In General.--On the consent of the Federal Government or the
government of any foreign country, State, the District of Columbia, the
Commonwealth of Puerto Rico, or any territory or possession of the
United States, with or without reimbursement, the Secretary may use the
research, equipment, and facilities of such a government (or political
subdivision) in carrying out the functions under this Act.
(b) Use of Property.--
(1) In general.--Except as provided in paragraph (2), in
carrying out this Act, the Secretary may permit the use by
public and private individuals and entities of any real
property, facility, structure, or improvement under the
jurisdiction of the Secretary for purposes of the Department,
under such terms and at such rates as the Secretary determines
to be appropriate, for a period of not more than 5 years.
(2) Reconditioning and maintenance.--The Secretary may
require any individual or entity to which a permit is provided
under this subsection to recondition and maintain, at the
expense of the individual or entity, the real property,
facilities, structures, and improvements involved to a
satisfactory standard.
(3) Exception.--This subsection shall not apply to excess
property (as defined in section 102 of title 40, United States
Code).
(c) Proceeds.--
(1) In general.--Except as provided in paragraph (2), the
proceeds from reimbursements under this section--
(A) shall be deposited in the Treasury; and
(B) may be withdrawn by the Secretary or the head
of the another appropriate Federal department or
agency--
(i) to pay directly the costs of the
equipment and facilities provided;
(ii) to repay or make advances to
appropriations or funds that do or will
initially bear all or a part of those costs; or
(iii) to refund excess sums as necessary.
(2) Exception.--The proceeds described in paragraph (1) may
be credited to a working capital fund otherwise established by
law (including the fund established pursuant to section 331)
and used in accordance the laws governing that fund, if the
fund is available for use for providing the equipment or
facilities involved.
SEC. 329. FIELD OFFICES.
The Secretary may establish, alter, consolidate, or discontinue to
maintain such State, regional, district, local, or other field offices
as the Secretary determines to be necessary to carry out this Act.
SEC. 330. COPYRIGHTS.
The Secretary may acquire any of the following described rights if
the property so acquired is for use by or for, or useful to, the
Department:
(1) Copyrights, patents, and applications for patents,
designs, processes, and manufacturing data.
(2) Licenses under copyrights, patents, and applications
for patents.
(3) Releases, before suit is brought, for past infringement
of patents or copyrights.
SEC. 331. CAPITAL FUND.
(a) Establishment.--The Secretary may establish a working capital
fund, to be available without fiscal year limitation, for expenses
necessary for the maintenance and operation of such common
administrative services as the Secretary determines to be appropriate
in the interests of economy and efficiency, including services such
as--
(1) a central supply service for stationery and other
supplies and equipment for which adequate stocks may be
maintained to meet in whole or in part the requirements of the
Department;
(2) central messenger, mail, telephone, and other
communications services;
(3) office space and central services for document
reproduction, graphics, and visual aids; and
(4) a central library service.
(b) Transfers.--The capital of the fund shall consist of--
(1) any appropriations made for the purpose of providing
capital; and
(2) the fair and reasonable value of such stocks of
supplies, equipment, and other assets and inventories on order
as the Secretary may transfer to the fund, less the related
liabilities and unpaid obligations.
(c) Reimbursement.--Amounts in the fund shall be reimbursed in
advance from available funds of agencies and offices in the Department,
or from other sources, for supplies and services at rates that
approximate the expense of operation, including the accrual of annual
leave and the depreciation of equipment.
(d) Credits.--The fund shall be credited with receipts--
(1) from sale or exchange of property; and
(2) in payment for loss or damage to property owned by the
fund.
(e) Surplus Amounts.--There shall be covered into the Treasury as
miscellaneous receipts any surplus amounts in the fund (all assets,
liabilities, and prior losses considered), in excess of the amounts
transferred or appropriated to establish and maintain the fund.
SEC. 332. SEAL OF DEPARTMENT.
(a) In General.--The Secretary shall cause a seal of office to be
made for the Department.
(b) Judicial Notice.--Judicial notice shall be taken of the seal
under this section.
SEC. 333. ANNUAL REPORT.
As soon as practicable after the end of each fiscal year commencing
with the first complete fiscal year following the date of enactment of
this Act, the Secretary shall submit to the President, for inclusion in
a report to Congress, a report on the activities of the Department
during the preceding fiscal year.
SEC. 334. TRANSFER OF FUNDS.
(a) In General.--Except as provided in subsection (b), the
Secretary, as authorized in an appropriations Act, may transfer for any
fiscal year funds from 1 appropriation to another within the
Department.
(b) Exception.--No appropriation shall be increased or decreased
pursuant to this section by more than 5 percent of the appropriation
for the applicable fiscal year.
TITLE IV--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS
SEC. 401. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.
(a) In General.--Except as otherwise provided in this Act, the
personnel employed in connection with, and the assets, liabilities,
contracts, property, records, and unexpended balance of appropriations
authorizations, allocations, and other funds employed, held, used,
arising from, available to, or to be made available in connection with
the functions transferred by this Act, subject to section 1531 of title
31, United States Code, are transferred to the Secretary for
appropriate allocation.
(b) Use of Unexpended Funds.--Unexpended funds transferred pursuant
to subsection (a) shall only be used for the purposes for which the
funds were originally authorized and appropriated.
(c) Specific Positions.--Positions expressly specified by statute
or reorganization plan to carry out functions transferred by this Act,
personnel occupying those positions on the effective date of this Act,
and personnel authorized to receive compensation in those positions at
the rate prescribed for offices and positions at level I, II, III, IV,
or V of the Executive Schedule under subchapter II of chapter 53 of
title 5, United States Code, on the effective date of this Act, shall
be subject to section 403.
SEC. 402. EFFECT ON PERSONNEL.
(a) In General.--Except as otherwise provided in this Act or by the
Secretary, the transfer pursuant to this title of full-time personnel
(except special Government employees) and part-time personnel holding
permanent positions pursuant to this title shall not cause any such
employee to be separated or reduced in grade or compensation for 1 year
after the date of enactment of this Act.
(b) Compensation.--Any person who, on the effective date of this
Act, holds a position compensated in accordance with the Executive
Schedule prescribed in chapter 53 of title 5, United States Code, and
who, without a break in service, is appointed in the Department to a
position having duties comparable to the duties performed immediately
preceding the appointment shall continue to be compensated in the new
position at not less than the rate provided for the previous position,
for the duration of service in the new position.
(c) Reemployment Rights.--
(1) In general.--An employee transferred to the Department
who holds reemployment rights acquired under any provision of
law or regulation may exercise those rights only during the
latter of--
(A) the 120-day period beginning on the effective
date of this Act; or
(B) the 2-year period beginning on the date on
which the employee acquired the reemployment rights.
(2) Requirement.--Reemployment rights may only be exercised
at the request of the employee.
SEC. 403. AGENCY TERMINATIONS.
(a) In General.--Except as otherwise provided in this Act, whenever
all of the functions vested by law in any agency, commission, or other
body, or any component of an agency, commission, or other body, have
been terminated or transferred from that agency, commission, or other
body, or component by this Act, the agency, commission, or other body,
or component, shall terminate.
(b) Termination of Positions and Offices.--If an agency,
commission, or other body, or any component of an agency, commission,
or other body, terminates pursuant to subsection (a), each position and
office within the agency, commission, or other body, or component, that
was expressly authorized by law, or the incumbent of which was
authorized to receive compensation at the rates prescribed for an
office or position at level II, III, IV, or V of the Executive Schedule
under subchapter II of chapter 53 of title 5, United States Code, shall
terminate.
SEC. 404. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budget, in
consultation with the Secretary and the Commission, shall make such
determinations as may be necessary with regard to the transfer of
functions that relate to or are used by an agency, commission or other
body, or component of an agency, commission, or other body, affected by
this Act, to make such additional incidental dispositions of personnel,
assets, liabilities, 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 the functions transferred by this Act, as the
Director considers necessary to accomplish the purposes of this Act.
SEC. 405. SAVINGS PROVISIONS.
(a) Orders To Remain in Effect.--
(1) In general.--All orders, determinations, rules,
regulations, permits, contracts, certificates, licenses, and
privileges described in paragraph (2) shall continue in effect
according to their respective terms until modified, terminated,
superseded, set aside, or revoked in accordance with law by the
President, the Secretary, or other authorized officials, a
court of competent jurisdiction, or by operation of law.
(2) Specification.--Paragraph (1) applies to all orders,
determinations, rules, regulations, permits, contracts,
certificates, licenses, and privileges that--
(A) have been issued, made, granted, or allowed to
become effective by the President, any Federal
department or agency, official of a Federal department
or agency, or by a court of competent jurisdiction, in
the performance of functions that are transferred under
this Act to the Department after the date of enactment
of this Act; and
(B) are in effect on the date on which this Act
takes effect.
(b) Pending Proceedings.--
(1) In general.--This Act shall not affect any proceedings
or any application for any license, permit, certificate, or
financial assistance pending before any department, agency,
commission, or component of a department, agency, or
commission, functions of which are transferred by this Act on
the date on which this Act takes effect.
(2) Continuation.--
(A) In general.--To the extent that proceedings and
applications described in paragraph (1) relate to
functions transferred by this Act--
(i) the proceedings and applications shall
be continued; and
(ii) orders shall be issued, appeals shall
be taken, and payments shall be made pursuant
to the orders, as if this Act had not been
enacted.
(B) Effect.--Orders issued in any proceeding
continued under this paragraph shall continue in effect
until modified, terminated, superseded, or revoked by--
(i) a duly authorized official;
(ii) a court of competent jurisdiction; or
(iii) operation of law.
(C) Discontinuance or modification.--Nothing in
this subsection prohibits the discontinuance or
modification of any proceeding described in paragraph
(1) under the same terms and conditions and to the same
extent that the proceeding could have been discontinued
or modified if this Act had not been enacted.
(3) Rulemaking.--The Secretary may promulgate regulations
providing for the orderly transfer of proceedings described in
paragraph (1) to the Department.
(c) Pending Suits.--
(1) In general.--Except as provided in paragraph (3)--
(A) this Act shall not affect suits commenced prior
to the effective date of this Act; and
(B) in all suits described in subparagraph (A),
proceedings shall be had, appeals taken, and judgments
rendered in the same manner and effect as if this Act
had not been enacted.
(2) Suits by and against officers in official capacity and
departments and agencies.--
(A) Offices.--No suit, action, or other proceeding
commenced by or against any officer in the official
capacity of the officer as an officer of any department
or agency, functions of which are transferred by this
Act, shall abate by reason of the enactment of this
Act.
(B) Departments and agencies.--No cause of action
by or against any department or agency, functions of
which are transferred by this Act, or by or against any
officer of a department or agency in the official
capacity of the officer, shall abate by reason of the
enactment of this Act.
(3) Transfer.--If, before the effective date of this Act,
any department or agency, or officer of a department or agency
in the official capacity of the officer, is a party to a suit,
and under this Act any function of the department, agency, or
officer is transferred to the Secretary or any other official,
then the suit shall be continued with the Secretary or other
official, as applicable, substituted.
SEC. 406. REFERENCE.
With respect to any functions transferred by this Act and exercised
after the effective date of this Act, reference in any other Federal
law to any department, commission, or agency or any officer or office
the functions of which are so transferred shall be deemed to refer to
the Secretary or other official or component of the Department in which
this Act vests those functions.
SEC. 407. PRESIDENTIAL AUTHORITY.
Except as provided in title IV, nothing in this Act may be
construed to limit, curtail, abolish, or terminate--
(1) any function of, or authority available to, the
President that the President had immediately before the
effective date of this Act; or
(2) the authority of the President to delegate, redelegate,
or terminate any delegation of functions.
SEC. 408. TRANSITION.
With the consent of the appropriate department or agency head
concerned, the Secretary may use the services of the officers,
employees, and other personnel of the departments and agencies from
which functions have been transferred to the Secretary for such period
of time as may reasonably be needed to facilitate the orderly transfer
of functions under this Act.
SEC. 409. ADMINISTRATIVE AMENDMENTS.
(a) Executive Departments.--Section 101 of title 5, United States
Code, is amended--
(1) by striking ``The Department of Commerce.'' and
inserting ``The Department of Commerce and the Workforce.'';
and
(2) by striking ``The Department of Labor.''.
(b) Level I.--Section 5312 of title 5, United States Code, is
amended--
(1) by striking ``Secretary of Commerce.'' and inserting
``Secretary of Commerce and the Workforce.''; and
(2) by striking ``Secretary of Labor.'' and inserting
``Undersecretary of Labor, Department of Commerce and the
Workforce.''.
(c) Level II.--Section 5313 of title 5, United States Code, is
amended by striking ``Deputy Secretary of Labor.'' and inserting
``Deputy Secretary of Commerce and the Workforce.''.
(d) Level III.--Section 5314 of title 5, United States Code, is
amended--
(1) by striking ``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.'' and inserting the following:
``Under Secretary for International Trade, Department of
Commerce and the Workforce.
``Under Secretary for Economic Affairs and Statistics,
Department of Commerce and the Workforce.
``Under Secretary for Industry and Security, Department of
Commerce and the Workforce.'';
(2) by striking ``Administrator of the Small Business
Administration.'' and inserting ``Under Secretary of Small
Business, Department of Commerce and the Workforce.'';
(3) by striking ``Under Secretary of Commerce for Oceans
and Atmosphere, the incumbent of which also serves as
Administrator of the National Oceanic and Atmospheric
Administration.'' and inserting ``Administrator of the National
Oceanic and Atmospheric Administration, Department of the
Interior.''; and
(4) by striking ``Under Secretary of Commerce for
Intellectual Property and Director of the United States Patent
and Trademark Office.'' and inserting ``Under Secretary for
Intellectual Property, Department of Commerce and the
Workforce.''.
(e) Level IV.--Section 5315 of title 5, United States Code, is
amended--
(1) by striking ``Assistant Secretaries of Commerce (11).''
and inserting ``Assistant Secretaries of Commerce and the
Workforce (10).'';
(2) by striking ``Assistant Secretaries of Labor (10), one
of whom shall be the Assistant Secretary of Labor for Veterans'
Employment and Training.'';
(3) by striking ``General Counsel of the Department of
Commerce.'' and inserting ``General Counsel, Department of
Commerce and the Workforce.'';
(4) by striking ``Solicitor of the Department of Labor.''
and inserting ``Solicitor of Commerce and the Workforce,
Department of Commerce and the Workforce.'';
(5) by striking ``Deputy Administrator of the Small
Business Administration.'' and inserting ``Deputy Under
Secretary of Small Business, Department of Commerce and the
Workforce.'';
(6) by striking ``Members, Occupational Safety and Health
Review Commission.'';
(7) by striking ``Assistant Secretary of Labor for Mine
Safety and Health.'' and inserting ``Assistant Secretary for
Mine Safety and Health, Department of Commerce and the
Workforce.'';
(8) by striking ``Chief Counsel for Advocacy, Small
Business Administration.'' and inserting ``Chief Counsel for
Small Business Advocacy, Department of Commerce and the
Workforce.'';
(9) by striking ``Assistant Secretary of Commerce and
Director General of the United States and Foreign Commercial
Service.'';
(10) by striking ``Director, Bureau of the Census,
Department of Commerce.'' and inserting ``Director of the
Bureau of the Census, Department of Commerce and the
Workforce.'';
(11) by striking ``Chief Financial Officer, Department of
Commerce.'' and inserting ``Chief Financial Officer, Department
of Commerce and the Workforce.'';
(12) by striking ``Chief Financial Officer, Department of
Labor.'';
(13) by striking ``The Commissioner of Labor Statistics,
Department of Labor.'';
(14) by striking ``Chief Information Officer, Department of
Commerce.'' and inserting ``Chief Information Officer,
Department of Commerce and the Workforce.'';
(15) by striking ``Chief Information Officer, Department of
Labor.'';
(16) by striking ``Chief Information Officer, Small
Business Administration.''; and
(17) by striking ``Deputy Under Secretary of Commerce for
Intellectual Property and Deputy Director of the United States
Patent and Trademark Office.''.
(f) Level V.--Section 5316 of title 5, United States Code, is
amended--
(1) by striking ``Associate Administrators of the Small
Business Administration (4).'' and inserting ``Assistant
Secretaries of Small Business, Department of Commerce and the
Workforce (4).'';
(2) by striking ``Manpower Administrator, Department of
Labor.'' and inserting ``Workforce Administrator, Department of
Commerce and the Workforce.'';
(3) by striking ``Director, United States Travel Service,
Department of Commerce'' and inserting ``Director of the United
States Travel Service, Department of Commerce and the
Workforce.'';
(4) by striking ``Administrator, Wage and Hour and Public
Contracts Division, Department of Labor.''; and
(5) by striking ``National Export Expansion Coordinator,
Department of Commerce.''.
SEC. 410. DIRECTOR OF OFFICE OF PERSONNEL MANAGEMENT REPORT.
As soon as practicable but not later than 1 year after the
effective date of this Act, the Director of Office of Personnel
Management shall prepare and submit to Congress a report on the effects
on employees of the reorganization under this Act, which shall
include--
(1) an identification of any position within the Department
or elsewhere in the Executive branch that the Director
considers unnecessary due to consolidation of functions under
this Act;
(2) a statement of the number of employees entitled to pay
savings by reason of the reorganization under this Act;
(3) a statement of the number of employees who are
voluntarily or involuntarily separated by reason of the
reorganization;
(4) an estimate of the personnel costs associated with the
reorganization;
(5) the effects of the reorganization on labor management
relations; and
(6) such legislative and administrative recommendations for
improvements in personnel management within the Department as
the Director considers necessary.
SEC. 411. INVESTIGATIONS AND REPORTS ON DUPLICATIVE PROGRAMS AND
ACTIVITIES.
The Secretary shall--
(1) conduct routine investigations to identify programs,
offices, and initiatives with duplicative goals and activities
within the Department; and
(2) report annually to Congress on the findings from the
investigations (including the cost of such duplication),
including recommendations for consolidation and elimination to
reduce duplication and for specific rescissions.
TITLE V--EFFECTIVE DATE AND INTERIM APPOINTMENTS
SEC. 501. EFFECTIVE DATE.
(a) In General.--Except as provided in subsections (b), this Act,
and the amendments made by this Act shall take effect on the earlier
of--
(1) 120 days after the Secretary first takes office; or
(2) such date as the President may prescribe and publish in
the Federal Register.
(b) Appointments and Regulations.--At any time after the date of
enactment of this Act--
(1) any of the officers provided for in titles I and II may
be nominated and appointed, as provided in such titles; and
(2) the Secretary may promulgate regulations pursuant to
section 405.
(c) Use of Funds.--Funds available to any department or agency (or
any official or component of a department of agency) functions of which
are transferred to the Secretary by this Act, may with the approval of
the Director of the Office of Management and Budget, be used to pay the
compensation and expenses of any officer appointed pursuant to
subsection (b) until such time as funds for that purpose are otherwise
available.
SEC. 502. INTERIM APPOINTMENTS.
(a) In General.--If 1 or more officers required by this Act to be
appointed by and with the advice and consent of the Senate shall not
have entered upon office on the effective date of this Act, the
President may designate any officer, whose appointment was required to
be made by and with the advice and consent of the Senate, and who was
such an officer immediately prior to the effective date of the Act, to
act in the office until the office is filled as provided in this Act.
(b) Compensation.--Any person acting in an office in accordance
with subsection (a) shall receive compensation at the rates provided by
this Act for the respective office in which the person acts.
TITLE VI--ELIMINATION AND REDUCTION OF PROGRAMS
SEC. 601. ELIMINATION OF PROGRAMS.
(a) International Labor Comparison Program.--The International
Labor Comparisons program of the Bureau of Labor Statistics shall be
terminated on the date of enactment of this Act.
(b) Career Pathways Innovation Fund.--The career pathways
innovation fund established under the Workforce Investment Act of 1998
(Public Law 105-220) to develop and implement career pathway programs
in partnership with employers and other relevant organizations in the
community shall be terminated on the date of enactment of this Act.
(c) Transitional Jobs Demonstration.--The Enhanced Transitional
Jobs Demonstration program carried out under section 171 of the
Workforce Investment Act of 1998 (29 U.S.C. 2916) shall be terminated
on the date of enactment of this Act.
(d) Public Telecommunications Facilities Grants.--Part IV of title
III of the Communications Act of 1934 (47 U.S.C. 390 et seq.) is
repealed.
(e) Baldridge Performance Excellence Program.--
(1) In general.--The Baldrige Performance Excellence
Program shall terminated on the date of the enactment of this
Act.
(2) Award.--The Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3701 et seq.) is amended by striking section
17 (15 U.S.C. 3711a) (relating to the Malcolm Baldridge
National Quality Award).
(f) Emergency Steel Guaranteed Loan Program.--Section 101 of Public
Law 106-51 (15 U.S.C. 1841 note) is repealed.
(g) Noncritical Functions of the Census Bureau.--Beginning on the
date of the enactment of this Act, the Bureau of the Census shall
discontinue--
(1) the Current Industrial Reports function;
(2) the Federal Financial Statistics Program;
(3) the Foreign Research and Analysis Program's
international focus; and
(4) the production of the Statistical Abstract.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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