S 1116 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 1116CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

May 26, 2011CommentsClose CommentsPermalink

Mr. BURR (for himself, Mr. WICKER, Mr. COCHRAN, Mr. INHOFE, Mr. LEE, Mr. MCCAIN, Mr. COATS, and Mr. THUNE) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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

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’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Definitions.CommentsClose CommentsPermalink

TITLE I--ESTABLISHMENT OF DEPARTMENT

Sec. 101. Establishment.CommentsClose CommentsPermalink





Sec. 102. Office of the Secretary.CommentsClose CommentsPermalink





Sec. 103. Office of the Workforce.CommentsClose CommentsPermalink





Sec. 104. Patent and Trademark Office.CommentsClose CommentsPermalink





Sec. 105. Small Business Administration.CommentsClose CommentsPermalink





Sec. 106. Office of Economic Affairs and Statistics.CommentsClose CommentsPermalink





Sec. 107. National Institute of Standards and Technology.CommentsClose CommentsPermalink





Sec. 108. International Trade Administration.CommentsClose CommentsPermalink





Sec. 109. Bureau of Industry and Security.CommentsClose CommentsPermalink





Sec. 110. Other offices.CommentsClose CommentsPermalink





Sec. 111. Inspector General.CommentsClose CommentsPermalink





Sec. 112. Performance of specific functions.CommentsClose CommentsPermalink

TITLE II--TRANSFER OF FUNCTIONS

Sec. 201. Transfer of functions to Department.CommentsClose CommentsPermalink





Sec. 202. Transfer of functions to Department of the Interior.CommentsClose CommentsPermalink





Sec. 203. Transfer of functions to Bureau of International Labor Affairs.CommentsClose CommentsPermalink

TITLE III--ADMINISTRATIVE PROVISIONS

Subtitle A--Personnel Provisions

Sec. 311. Officers and employees.CommentsClose CommentsPermalink





Sec. 312. Experts and consultants.CommentsClose CommentsPermalink





Sec. 313. Advisory committees.CommentsClose CommentsPermalink

Subtitle B--General Administrative Provisions

Sec. 321. General authority.CommentsClose CommentsPermalink





Sec. 322. Delegation.CommentsClose CommentsPermalink





Sec. 323. Reorganization.CommentsClose CommentsPermalink





Sec. 324. Rules.CommentsClose CommentsPermalink





Sec. 325. Subpoena.CommentsClose CommentsPermalink





Sec. 326. Contracts.CommentsClose CommentsPermalink





Sec. 327. Facilities construction.CommentsClose CommentsPermalink





Sec. 328. Use of facilities.CommentsClose CommentsPermalink





Sec. 329. Field offices.CommentsClose CommentsPermalink





Sec. 330. Copyrights.CommentsClose CommentsPermalink





Sec. 331. Capital fund.CommentsClose CommentsPermalink





Sec. 332. Seal of Department.CommentsClose CommentsPermalink





Sec. 333. Annual report.CommentsClose CommentsPermalink





Sec. 334. Transfer of funds.CommentsClose CommentsPermalink

TITLE IV--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

Sec. 401. Transfer and allocations of appropriations and personnel.CommentsClose CommentsPermalink





Sec. 402. Effect on personnel.CommentsClose CommentsPermalink





Sec. 403. Agency terminations.CommentsClose CommentsPermalink





Sec. 404. Incidental transfers.CommentsClose CommentsPermalink





Sec. 405. Savings provisions.CommentsClose CommentsPermalink





Sec. 406. Reference.CommentsClose CommentsPermalink





Sec. 407. Presidential authority.CommentsClose CommentsPermalink





Sec. 408. Transition.CommentsClose CommentsPermalink





Sec. 409. Administrative amendments.CommentsClose CommentsPermalink





Sec. 410. Director of Office of Personnel Management report.CommentsClose CommentsPermalink





Sec. 411. Investigations and reports on duplicative programs and activities.CommentsClose CommentsPermalink





Sec. 412. Administrative Efficiency Initiative.CommentsClose CommentsPermalink

TITLE V--EFFECTIVE DATE AND INTERIM APPOINTMENTS

Sec. 501. Effective date.CommentsClose CommentsPermalink





Sec. 502. Interim appointments.CommentsClose CommentsPermalink

TITLE VI--ELIMINATION AND REDUCTION OF PROGRAMS

Sec. 601. Elimination of programs.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) ASSETS- The term ‘assets’ includes contracts, facilities, property, records, unobligated or unexpended balances of appropriations, and other funds or resources (other than personnel).CommentsClose CommentsPermalink





(2) DEPARTMENT- The term ‘Department’ means the Department of Commerce and the Workforce.CommentsClose CommentsPermalink





(3) FUNCTION- The term ‘function’ includes any authority, power, right, privilege, immunity, program, project, activity, duty, and responsibility.CommentsClose CommentsPermalink





(4) PERFORM- The term ‘perform’, with respect to a function, includes--CommentsClose CommentsPermalink





(A) the undertaking, fulfillment, or execution of any duty or obligation; andCommentsClose CommentsPermalink





(B) the exercise of any power, authority, right, or privilege.CommentsClose CommentsPermalink





(5) PERSONNEL- The term ‘personnel’ means officers and employees.CommentsClose CommentsPermalink





(6) SECRETARY- The term ‘Secretary’ means the Secretary of Commerce and the Workforce.CommentsClose CommentsPermalink

TITLE I--ESTABLISHMENT OF DEPARTMENTCommentsClose CommentsPermalink

SEC. 101. ESTABLISHMENT.

(a) Establishment- There is established an executive department to be known as the Department of Commerce and the Workforce.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) driving United States competitiveness in the global marketplace;CommentsClose CommentsPermalink





(2) ensuring a competitive economic climate that is conducive to the development, growth, and expansion of small businesses; andCommentsClose CommentsPermalink





(3) promoting and developing the safety and welfare of the wage earners, job seekers, and retirees of the United States.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Administration- The Department shall be administered, in accordance with this Act, under the supervision and direction of the Secretary.CommentsClose CommentsPermalink

SEC. 102. OFFICE OF THE SECRETARY.

(a) Deputy Secretary-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) TEMPORARY ASSUMPTION OF DUTIES OF SECRETARY- The Deputy Secretary shall perform the duties of the Secretary--CommentsClose CommentsPermalink





(A) in case of the death, resignation, or removal from office of the Secretary, until a successor is appointed; andCommentsClose CommentsPermalink





(B) in case of the absence or sickness of the Secretary, until the termination of such absence or sickness.CommentsClose CommentsPermalink





(b) Offices in the Office of the Secretary- There shall be in the Office of the Secretary--CommentsClose CommentsPermalink





(1) the Office of Public Liaison and Special Assistance;CommentsClose CommentsPermalink





(2) the Office of Legislation and Intergovernmental Affairs;CommentsClose CommentsPermalink





(3) the Office of the Executive Secretariat; andCommentsClose CommentsPermalink





(4) the Office of Community and Public Affairs.CommentsClose CommentsPermalink





(c) General Counsel-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) SOLICITOR- The Secretary shall appoint, in the Office of the General Counsel, a Solicitor of the Workforce.CommentsClose CommentsPermalink





(d) Assistant Secretaries- The President shall appoint, by and with the advice and consent of the Senate, in the Office of the Secretary--CommentsClose CommentsPermalink





(1) an Assistant Secretary for Policy, who shall be the head of the Office of Policy; andCommentsClose CommentsPermalink





(2) an Assistant Secretary for Legislation and Intergovernmental Affairs, who shall be the head of the Office of Legislation and Intergovernmental Affairs.CommentsClose CommentsPermalink





(e) Directors- The Secretary shall appoint, in the Office of the Secretary--CommentsClose CommentsPermalink





(1) an Executive Secretariat Director, who shall be the head of the Office of the Executive Secretariat; andCommentsClose CommentsPermalink





(2) a Community and Public Affairs Director, who shall be the head of the Office of Community and Public Affairs.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) a Chief of Staff;CommentsClose CommentsPermalink





(2) a Chief Financial Officer; andCommentsClose CommentsPermalink





(3) a Chief Information Officer.CommentsClose CommentsPermalink

SEC. 103. OFFICE OF THE WORKFORCE.

(a) Establishment- There shall be in the Department an Office of the Workforce.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Boards, Administrations, and Offices- There shall be in the Office of the Workforce--CommentsClose CommentsPermalink





(1) the Administrative Review Board;CommentsClose CommentsPermalink





(2) the Benefits Review Board;CommentsClose CommentsPermalink





(3) the Occupational Safety and Health Administration;CommentsClose CommentsPermalink





(4) the Office of Workers Compensation Programs;CommentsClose CommentsPermalink





(5) the Wage and Hour Division;CommentsClose CommentsPermalink





(6) the Employee Benefits and Security Administration;CommentsClose CommentsPermalink





(7) the Mine Safety and Health Administration;CommentsClose CommentsPermalink





(8) the Office of Labor-Management Standards;CommentsClose CommentsPermalink





(9) the Veterans’s Employment and Training Service; andCommentsClose CommentsPermalink





(10) the Office of Disability Employment Policy.CommentsClose CommentsPermalink

SEC. 104. PATENT AND TRADEMARK OFFICE.

(a) Establishment- There shall be in the Department the Patent and Trademark Office.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 105. SMALL BUSINESS ADMINISTRATION.

(a) Establishment- There shall be in the Department the Small Business Administration.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 106. OFFICE OF ECONOMIC AFFAIRS AND STATISTICS.

(a) Establishment- There shall be in the Department an Office of Economic Affairs and Statistics.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Bureaus- There shall be in the Office of Economic Affairs and Statistics--CommentsClose CommentsPermalink





(1) the Bureau of the Census; andCommentsClose CommentsPermalink





(2) the Bureau of Economic Analysis.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) a Chief Economist;CommentsClose CommentsPermalink





(2) a Director of the Bureau of the Census, who shall be the head of the Bureau of the Census; andCommentsClose CommentsPermalink





(3) a Director of the Bureau of Economic Analysis, who shall be the head of the Bureau of Economic Analysis.CommentsClose CommentsPermalink

SEC. 107. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.

(a) Establishment- There shall be in the Department the National Institute of Standards and Technology.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) National Technical Information Service- The National Technical Information Service shall be a component of the National Institute of Standards and Technology.CommentsClose CommentsPermalink

SEC. 108. INTERNATIONAL TRADE ADMINISTRATION.

(a) Establishment- There shall be in the Department the International Trade Administration.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) an Assistant Secretary for Market Access and Compliance;CommentsClose CommentsPermalink





(2) an Assistant Secretary for Import Administration;CommentsClose CommentsPermalink





(3) an Assistant Secretary for Trade Promotion; andCommentsClose CommentsPermalink





(4) an Assistant Secretary for Manufacturing and Services.CommentsClose CommentsPermalink





(d) Bureau of International Labor Affairs- The Bureau of International Labor Affairs shall be a component of the International Trade Administration.CommentsClose CommentsPermalink

SEC. 109. BUREAU OF INDUSTRY AND SECURITY.

(a) Establishment- There shall be in the Department a Bureau of Industry and Security.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) an Assistant Secretary for Export Administration; andCommentsClose CommentsPermalink





(2) an Assistant Secretary for Manufacturing Services.CommentsClose CommentsPermalink

SEC. 110. OTHER OFFICES.

(a) Economic Development and Training Administration-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- There shall be in the Department the Economic Development and Training Administration.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Communications and Information Administration-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- There shall be in the Department the Communications and Information Administration.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.).CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

TITLE II--TRANSFER OF FUNCTIONSCommentsClose CommentsPermalink

SEC. 201. TRANSFER OF FUNCTIONS TO DEPARTMENT.

(a) In General- Except as otherwise specifically provided in this title--CommentsClose CommentsPermalink





(1) all functions of the Department of Commerce and the Department of Labor are transferred to the Department; andCommentsClose CommentsPermalink





(2) all functions of the Secretary of Commerce and the Secretary of Labor are transferred to the Secretary.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(e) Office of Legislation and Intergovernmental Affairs- There are transferred to the Assistant Secretary for Legislation 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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(h) Office of Community and Public Affairs- There are transferred to the Office of Community and Public Affairs of the Department all functions of--CommentsClose CommentsPermalink





(1) the Office of Public Affairs of the Department of Commerce;CommentsClose CommentsPermalink





(2) the Office of Public Affairs and the Center for Faith-based and Neighborhood Partnerships of the Department of Labor; andCommentsClose CommentsPermalink





(3) the Office of Communications and Public Liaison and the Office of Faith Based and Neighborhood Partnerships of the Small Business Administration.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(l) Office of the Workforce- There are transferred to the Office of the Workforce all functions of the Department of Labor.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

TITLE III--ADMINISTRATIVE PROVISIONSCommentsClose CommentsPermalink

Subtitle A--Personnel ProvisionsCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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-18 of the General Schedule under section 5332 of title 5, United States Code, for persons employed intermittently in Government service.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Travel Expenses- Members of an advisory committee established under subsection (a), other than a 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.CommentsClose CommentsPermalink

Subtitle B--General Administrative ProvisionsCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) delegate any functions to officers or employees of the Department; andCommentsClose CommentsPermalink





(2) authorize successive redelegations of functions within the Department.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Limitations- The authority of the Secretary under subsection (a) shall not extend to--CommentsClose CommentsPermalink





(1) the abolition of any organizational unit or component established by this Act; orCommentsClose CommentsPermalink





(2) the transfer of any function vested by this Act in any organizational unit or component.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) is located at a facility of the Department to be closed or reconfigured;CommentsClose CommentsPermalink





(2) at the time the lease is entered into, is not needed by the Department; andCommentsClose CommentsPermalink





(3) is under the control of the Department.CommentsClose CommentsPermalink





(d) Terms of Lease-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) CONSIDERATION-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) SERVICES- Services relating to the protection and maintenance of the leased property may constitute all or part of the consideration under this paragraph.CommentsClose CommentsPermalink





(e) Environmental Concerns-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(f) Rentals-CommentsClose CommentsPermalink





(1) RETENTION-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) TREATMENT- Amounts retained under this subsection shall be retained in a separate account established in the Treasury for that purpose.CommentsClose CommentsPermalink





(2) REPORT- The Secretary shall submit to Congress annual reports on the amounts retained and used under this subsection.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





(1) Emergency medical services and supplies.CommentsClose CommentsPermalink





(2) Food and other subsistence supplies.CommentsClose CommentsPermalink





(3) Messing facilities.CommentsClose CommentsPermalink





(4) Audiovisual equipment, accessories, and supplies for recreation and training.CommentsClose CommentsPermalink





(5) Reimbursement for food, clothing, medicine, and other supplies furnished by those employees in emergencies for the temporary relief of distressed individuals.CommentsClose CommentsPermalink





(6) Living and working quarters and facilities.CommentsClose CommentsPermalink





(7) Transportation of school-aged dependents of employees to the nearest appropriate educational facilities.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Treatment-CommentsClose CommentsPermalink





(1) IN GENERAL- Proceeds from reimbursements under this section--CommentsClose CommentsPermalink





(A) shall be deposited in the Treasury; andCommentsClose CommentsPermalink





(B) may be withdrawn by the Secretary--CommentsClose CommentsPermalink





(i) to pay directly the cost of work or services;CommentsClose CommentsPermalink





(ii) to repay or make advances to appropriations of funds that will initially bear all or a part of that cost; orCommentsClose CommentsPermalink





(iii) to refund excess sums when necessary.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Use of Property-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) EXCEPTION- This subsection shall not apply to excess property (as defined in section 102 of title 40, United States Code).CommentsClose CommentsPermalink





(c) Proceeds-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), the proceeds from reimbursements under this section--CommentsClose CommentsPermalink





(A) shall be deposited in the Treasury; andCommentsClose CommentsPermalink





(B) may be withdrawn by the Secretary or the head of the another appropriate Federal department or agency--CommentsClose CommentsPermalink





(i) to pay directly the costs of the equipment and facilities provided;CommentsClose CommentsPermalink





(ii) to repay or make advances to appropriations or funds that do or will initially bear all or a part of those costs; orCommentsClose CommentsPermalink





(iii) to refund excess sums as necessary.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





(1) Copyrights, patents, and applications for patents, designs, processes, and manufacturing data.CommentsClose CommentsPermalink





(2) Licenses under copyrights, patents, and applications for patents.CommentsClose CommentsPermalink





(3) Releases, before suit is brought, for past infringement of patents or copyrights.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(2) central messenger, mail, telephone, and other communications services;CommentsClose CommentsPermalink





(3) office space and central services for document reproduction, graphics, and visual aids; andCommentsClose CommentsPermalink





(4) a central library service.CommentsClose CommentsPermalink





(b) Transfers- The capital of the fund shall consist of--CommentsClose CommentsPermalink





(1) any appropriations made for the purpose of providing capital; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Credits- The fund shall be credited with receipts--CommentsClose CommentsPermalink





(1) from sale or exchange of property; andCommentsClose CommentsPermalink





(2) in payment for loss or damage to property owned by the fund.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 332. SEAL OF DEPARTMENT.

(a) In General- The Secretary shall cause a seal of office to be made for the Department.CommentsClose CommentsPermalink





(b) Judicial Notice- Judicial notice shall be taken of the seal under this section.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

TITLE IV--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONSCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Reemployment Rights-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) the 120-day period beginning on the effective date of this Act; orCommentsClose CommentsPermalink





(B) the 2-year period beginning on the date on which the employee acquired the reemployment rights.CommentsClose CommentsPermalink





(2) REQUIREMENT- Reemployment rights may only be exercised at the request of the employee.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

SEC. 405. SAVINGS PROVISIONS.

(a) Orders To Remain in Effect-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) SPECIFICATION- Paragraph (1) applies to all orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges that--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(B) are in effect on the date on which this Act takes effect.CommentsClose CommentsPermalink





(b) Pending Proceedings-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) CONTINUATION-CommentsClose CommentsPermalink





(A) IN GENERAL- To the extent that proceedings and applications described in paragraph (1) relate to functions transferred by this Act--CommentsClose CommentsPermalink





(i) the proceedings and applications shall be continued; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) EFFECT- Orders issued in any proceeding continued under this paragraph shall continue in effect until modified, terminated, superseded, or revoked by--CommentsClose CommentsPermalink





(i) a duly authorized official;CommentsClose CommentsPermalink





(ii) a court of competent jurisdiction; orCommentsClose CommentsPermalink





(iii) operation of law.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) RULEMAKING- The Secretary may promulgate regulations providing for the orderly transfer of proceedings described in paragraph (1) to the Department.CommentsClose CommentsPermalink





(c) Pending Suits-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (3)--CommentsClose CommentsPermalink





(A) this Act shall not affect suits commenced prior to the effective date of this Act; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) SUITS BY AND AGAINST OFFICERS IN OFFICIAL CAPACITY AND DEPARTMENTS AND AGENCIES-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

SEC. 407. PRESIDENTIAL AUTHORITY.

Except as provided in title IV, nothing in this Act may be construed to limit, curtail, abolish, or terminate--CommentsClose CommentsPermalink





(1) any function of, or authority available to, the President that the President had immediately before the effective date of this Act; orCommentsClose CommentsPermalink





(2) the authority of the President to delegate, redelegate, or terminate any delegation of functions.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

SEC. 409. ADMINISTRATIVE AMENDMENTS.

(a) Executive Departments- Section 101 of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking ‘The Department of Commerce.’ and inserting ‘The Department of Commerce and the Workforce.’; andCommentsClose CommentsPermalink





(2) by striking ‘The Department of Labor.’.CommentsClose CommentsPermalink





(b) Level I- Section 5312 of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking ‘Secretary of Commerce.’ and inserting ‘Secretary of Commerce and the Workforce.’; andCommentsClose CommentsPermalink





(2) by striking ‘Secretary of Labor.’ and inserting ‘Undersecretary of Labor, Department of Commerce and the Workforce.’.CommentsClose CommentsPermalink





(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.’.CommentsClose CommentsPermalink





(d) Level III- Section 5314 of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘Under Secretary for International Trade, Department of Commerce and the Workforce.’CommentsClose CommentsPermalink





‘Under Secretary for Economic Affairs and Statistics, Department of Commerce and the Workforce.’CommentsClose CommentsPermalink





‘Under Secretary for Industry and Security, Department of Commerce and the Workforce.’;CommentsClose CommentsPermalink





(2) by striking ‘Administrator of the Small Business Administration.’ and inserting ‘Under Secretary of Small Business, Department of Commerce and the Workforce.’;CommentsClose CommentsPermalink





(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.’; andCommentsClose CommentsPermalink





(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.’.CommentsClose CommentsPermalink





(e) Level IV- Section 5315 of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking ‘Assistant Secretaries of Commerce (11).’ and inserting ‘Assistant Secretaries of Commerce and the Workforce (10).’;CommentsClose CommentsPermalink





(2) by striking ‘Assistant Secretaries of Labor (10), one of whom shall be the Assistant Secretary of Labor for Veterans’ Employment and Training.’;CommentsClose CommentsPermalink





(3) by striking ‘General Counsel of the Department of Commerce.’ and inserting ‘General Counsel, Department of Commerce and the Workforce.’;CommentsClose CommentsPermalink





(4) by striking ‘Solicitor of the Department of Labor.’ and inserting ‘Solicitor of the Workforce, Department of Commerce and the Workforce.’;CommentsClose CommentsPermalink





(5) by striking ‘Deputy Administrator of the Small Business Administration.’ and inserting ‘Deputy Under Secretary of Small Business, Department of Commerce and the Workforce.’;CommentsClose CommentsPermalink





(6) by striking ‘Members, Occupational Safety and Health Review Commission.’;CommentsClose CommentsPermalink





(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.’;CommentsClose CommentsPermalink





(8) by striking ‘Chief Counsel for Advocacy, Small Business Administration.’ and inserting ‘Chief Counsel for Small Business Advocacy, Department of Commerce and the Workforce.’;CommentsClose CommentsPermalink





(9) by striking ‘Assistant Secretary of Commerce and Director General of the United States and Foreign Commercial Service.’;CommentsClose CommentsPermalink





(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.’;CommentsClose CommentsPermalink





(11) by striking ‘Chief Financial Officer, Department of Commerce.’ and inserting ‘Chief Financial Officer, Department of Commerce and the Workforce.’;CommentsClose CommentsPermalink





(12) by striking ‘Chief Financial Officer, Department of Labor.’;CommentsClose CommentsPermalink





(13) by striking ‘The Commissioner of Labor Statistics, Department of Labor.’;CommentsClose CommentsPermalink





(14) by striking ‘Chief Information Officer, Department of Commerce.’ and inserting ‘Chief Information Officer, Department of Commerce and the Workforce.’;CommentsClose CommentsPermalink





(15) by striking ‘Chief Information Officer, Department of Labor.’;CommentsClose CommentsPermalink





(16) by striking ‘Chief Information Officer, Small Business Administration.’; andCommentsClose CommentsPermalink





(17) by striking ‘Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office.’.CommentsClose CommentsPermalink





(f) Level V- Section 5316 of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(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).’;CommentsClose CommentsPermalink





(2) by striking ‘Manpower Administrator, Department of Labor.’ and inserting ‘Workforce Administrator, Department of Commerce and the Workforce.’;CommentsClose CommentsPermalink





(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.’;CommentsClose CommentsPermalink





(4) by striking ‘Administrator, Wage and Hour and Public Contracts Division, Department of Labor.’; andCommentsClose CommentsPermalink





(5) by striking ‘National Export Expansion Coordinator, Department of Commerce.’.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(2) a statement of the number of employees entitled to pay savings by reason of the reorganization under this Act;CommentsClose CommentsPermalink





(3) a statement of the number of employees who are voluntarily or involuntarily separated by reason of the reorganization;CommentsClose CommentsPermalink





(4) an estimate of the personnel costs associated with the reorganization;CommentsClose CommentsPermalink





(5) the effects of the reorganization on labor management relations; andCommentsClose CommentsPermalink





(6) such legislative and administrative recommendations for improvements in personnel management within the Department as the Director considers necessary.CommentsClose CommentsPermalink

SEC. 411. INVESTIGATIONS AND REPORTS ON DUPLICATIVE PROGRAMS AND ACTIVITIES.

The Secretary shall--CommentsClose CommentsPermalink





(1) conduct routine investigations to identify programs, offices, and initiatives with duplicative goals and activities within the Department; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 412. ADMINISTRATIVE EFFICIENCY INITIATIVE.

Not later than 30 days after the date of enactment of this Act, the President shall issue an Executive order that provides for administrative costs savings across the Federal Government, including savings achieved by--CommentsClose CommentsPermalink





(1) reducing travel and relocation costs, including through the use of technologies such as webinars and videoconferencing;CommentsClose CommentsPermalink





(2) eliminating unnecessary printing and copying costs;CommentsClose CommentsPermalink





(3) reducing the need to contract for professional and technical services, and, in cases in which such services are necessary, buying less, paying lower rates, and acquiring services using fixed-price arrangements; andCommentsClose CommentsPermalink





(4) reducing spending on supplies and materials by decreasing the overall amount purchased and purchasing more efficiently.CommentsClose CommentsPermalink

TITLE V--EFFECTIVE DATE AND INTERIM APPOINTMENTSCommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) 120 days after the Secretary first takes office; orCommentsClose CommentsPermalink





(2) such date as the President may prescribe and publish in the Federal Register.CommentsClose CommentsPermalink





(b) Appointments and Regulations- At any time after the date of enactment of this Act--CommentsClose CommentsPermalink





(1) any of the officers provided for in titles I and II may be nominated and appointed, as provided in such titles; andCommentsClose CommentsPermalink





(2) the Secretary may promulgate regulations pursuant to section 405.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

TITLE VI--ELIMINATION AND REDUCTION OF PROGRAMSCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(e) Baldridge Performance Excellence Program-CommentsClose CommentsPermalink





(1) IN GENERAL- The Baldrige Performance Excellence Program shall terminated on the date of the enactment of this Act.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(f) Emergency Steel Guaranteed Loan Program- Section 101 of Public Law 106-51 (15 U.S.C. 1841 note) is repealed.CommentsClose CommentsPermalink





(g) Noncritical Functions of the Census Bureau- Beginning on the date of the enactment of this Act, the Bureau of the Census shall discontinue--CommentsClose CommentsPermalink





(1) the Current Industrial Reports function;CommentsClose CommentsPermalink





(2) the Federal Financial Statistics Program;CommentsClose CommentsPermalink





(3) the Foreign Research and Analysis Program’s international focus; andCommentsClose CommentsPermalink





(4) the production of the Statistical Abstract.CommentsClose CommentsPermalink