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ua14no94 DEPARTMENT OF DEFENSE (DOD)...


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DEPARTMENT OF COMMERCE (DOC)
Regulatory Plan Overview
Departmental Goals
Sustainable, long-term economic growth is a central focus of the 
President's policies and priorities. The mission of the Department of 
Commerce--ensuring and enhancing long-term economic opportunity and a 
rising standard of living for all Americans--fully supports the 
President's economic policy.
The Department of Commerce plays a critical role in helping the Nation 
meet its economic goals. The Department works primarily with and 
through the private sector, creating partnerships that facilitate job 
creation, international trade, local and regional economic development, 
manufacturing excellence, investment in R&D, environmentally sound 
development, and other activities that contribute to the Nation's 
economic well-being. It is both the representative and the pacesetter 
for the course business must take to be competitive in the new world 
order. The President and the Secretary of Commerce have established a 
clear set of priorities and programs for the Department of Commerce 
that will enable the Department to help create the best possible 
climate for long-term private sector economic growth and development in 
the United States.
The Department's policy and program priorities stress economic growth 
and development through:

<bullet> Opening and expanding foreign markets and promoting increased 
            exports of U.S. goods and services in markets with the 
            highest potential for growth and in important growing 
            sectors;
<bullet> Promoting increased tourism to the United States;
<bullet> Advocating free and fair trade policies and enacting and 
            implementing the first post-Cold War export regime--a 
            regime that facilitates trade while safeguarding our 
            national security;
<bullet> Enhancing technological development and commercialization 
            through improved strategies for Government-industry 
            cooperation;
<bullet> Providing developmental assistance to distressed communities 
            and minority business;
<bullet> Establishing a new economic information infrastructure;
<bullet> Promoting stewardship and assessment of the global 
            environment; and
<bullet> Creating a more effective, economical, productive and 
            responsive Department of Commerce.
The Department's Regulatory Plan directly tracks these policy and 
program priorities, only a few of which involve regulation of the 
private sector by the Department.
Responding to the Administration's Regulatory Philosophy and Principles
To the extent permitted by law, all preregulatory and regulatory 
activities and decisions adhere to the Administration's statement of 
regulatory philosophy and principles, as set forth in section 1 of 
Executive Order 12866. The Department of Commerce has long been a 
leader in advocating and using market-oriented regulatory approaches in 
lieu of traditional command-and-control regulations when such 
approaches offer a better alternative. All regulations are designed and 
implemented to maximize societal benefits while placing the smallest 
possible burden on those being regulated. When a regulation is no 
longer needed, the Secretary's standing order is to rescind it.
The Secretary has prohibited the issuance of any regulation that 
discriminates on the basis of race, color, religion, gender, sexual 
orientation, national origin, handicap, or age, and requires that all 
regulations be written in simple, plain English and be understandable 
to those affected by them. The Secretary also requires that the 
Department afford the public the maximum possible opportunity to 
participate in Departmental rulemakings, even where public 
participation is not required by law.
The vast majority of the Department's programs and activities do not 
involve regulation. Of the Department's 12 primary operating units, 
only six--the Bureau of Export Administration (BXA), the International 
Trade Administration (ITA), the National Oceanic and Atmospheric 
Administration (NOAA), the Patent and Trademark Office, the National 
Telecommunications and Information Administration, and the Technology 
Administration--plan significant preregulatory or regulatory actions 
for the Regulatory Plan year. Many of these regulatory actions do not 
involve new or increased regulation of the private sector. Three of 
these operating units--BXA, ITA, and NOAA--have the most important of 
the Department's significant regulatory actions planned for the 
Regulatory Plan year. These three units are described below, along with 
their regulatory objectives and priorities and how they relate to the 
President's priorities and their most significant planned regulatory 
actions.
In addition, the Department is taking steps to streamline its 
regulatory processes and delivery systems in line with the President's 
directives. In his September 30, 1993, Memorandum for Heads of 
Departments and Agencies, President Clinton stated:

In order to streamline the entire (Federal) rulemaking process, agencies 
must, consistent with any applicable laws, utilize internally the most 
efficient method of developing and reviewing regulations. Accordingly, I 
direct the head of each agency and department to examine its internal 
review procedures to determine whether, and if so, how those procedures can 
be improved and streamlined. In conducting this examination, the agency or 
department shall consider the number of clearances required by its review 
process and whether its review process varies according to the complexity 
or significance of the rule.

Each preregulatory and regulatory action of the Department is 
undertaken with the concept of streamlining in mind. Methodologies for 
eliminating levels of review and delegating decisionmaking authority 
down to the lowest appropriate level are constantly being tested. 
Further, the Department is employing advanced technology designed to 
create greater responsiveness. For example, the Office of the General 
Counsel is currently working with computer experts within the Commerce 
Department to develop a regulation database and tracking system. This 
system, which is planned to be fully operational this fall, will 
provide decisionmakers with precise, concise, and up-to-the-minute 
information on the substance, status, and history of each of the 
Department's regulatory actions.
Bureau of Export Administration
The Department of Commerce's Bureau of Export Administration (BXA) 
administers and enforces U.S. export controls on certain dual-use 
commodities, software, and technical data, under the Export 
Administration Act of 1979, as amended (EAA), and other laws. BXA also 
implements policies and administers programs under certain provisions 
of the Defense Production Act of 1950 (DPA) designed to assure the 
availability of industrial resources needed for our national security, 
both in peacetime and in time of national emergency. In addition, BXA 
investigates the impact of imports on national security, pursuant to 
the Trade Expansion Act of 1962 (TEA). Finally, BXA administers 
controls on nuclear-related exports under the Nuclear Nonproliferation 
Act of 1978. The regulations of the Bureau of Export Administration are 
the Export Administration Regulations (EARs).
BXA's main programmatic objective is to operate an export control 
program which encourages economic opportunities without compromising 
national security. BXA implements export controls in furtherance of the 
national security and foreign policy objectives of the United States. 
BXA helps achieve the major Departmental goal of advocating free and 
fair trade policies and enacting and implementing the first post-Cold 
War export regime--a regime that will facilitate trade while 
safeguarding our national security.
It is essential that United States have and implement export controls 
that take into account the realities of the post-Cold War world. Strong 
controls will continue to be needed to combat the threat of 
proliferation of weapons of mass destruction and to preserve our 
national security and foreign policy interests. However, long overdue 
reforms are needed to ensure that our export controls do not unfairly 
and unnecessarily burden our important commercial interests.
Streamlining the Export Administration Regulations
While many substantive changes to the EARs must await reauthorization 
of the EAA, BXA's top regulatory priority is to reduce, consistent with 
U.S. national security and foreign policy interests and present law, 
U.S. export regulatory barriers to the export of some of our most 
attractive products--computers and telecommunications--and to clarify, 
simplify, and make more userfriendly the present EARs. This is one of 
the export control reform measures announced by the Administration in 
the first report of the Trade Promotion Coordinating Committee (TPCC), 
``Toward a National Export Strategy,'' (Sept. 30, 1993).The TPCC is a 
19-agency working group chaired by the Secetary of Commerce whose 
report recommendations form an integral part of the Administration's 
economic development strategy for the next several years.
In order to meet the programmatic end described above within the 
regulatory philosophy and principles of E.O. 12866 and the President's 
streamlining goals, BXA is planning to re-organize its regulations in a 
more logical and transaction-oriented order; to make its regulations 
usable by both newcomers and professionals; to remove redundancy, 
overlap, and inconsistency; and to use consistent and easily understood 
drafting style.
Implementing a Revised Export Administration Act
The EAA expired on August 20, 1994. However, on August 19, 1994, the 
President issued Executive Order 12924 invoking the International 
Emergency Economic Powers Act and continuing in effect, to the extent 
permitted by law, the provisions of the EAA and EAR. The EARs will need 
to be amended, in various degrees, to take into account changes made to 
the EAA as part of its reauthorization. At the present time, however, 
we cannot predict with any degree of certainty how the EAA will be 
amended. Both the House and the Senate are presently considering bills 
to reauthorize the EAA.
The Administration seeks amendments to the EAA that will make it show a 
clear preference for multilateral export controls and strengthening 
multilateral regimes. The development of common control lists and 
commitments to comparable procedures between members of a regime are 
essential. The Administration's reauthorization proposal to the 
Congress contains explicit guidelines for effective regimes which 
include: (1) full membership by all supplier countries, (2) effective 
enforcement and compliance procedures, (3) effective implementation 
procedures, and (4) programs to enhance public understanding.
An important goal of the Administration's proposed EAA reauthorization 
legislation is to increase the transparency of our export control 
decisionmaking process. U.S. industry must be able to depend on 
accurate, consistent, and timely licensing decisions. The 
Administration proposes new and broader rights of petition for industry 
to seek relief from export control requirements when it can be 
demonstrated that they place an unfair burden on U.S. business, or when 
specific licensing decisions are clearly inequitable when compared to 
the rules of other nations. Specifically, under the Administration's 
proposal, industry would have the right to petition for relief when: 
(1) there is foreign availability or items are expected to become 
available in the near future, (2) the differences in the control 
imposed by the United States and other governments places the 
petitioner at an unfair competitive disadvantage, or (3) the controls 
are ineffective due to an item's wide domestic availability and the 
inability to enforce the controls effectively.
Before new export restrictions are imposed or existing restrictions 
continued, the costs to the United States in lost jobs and in lost 
export opportunities must be carefully measured. An objective of the 
new EAA must be to recognize this reality and provide for the thorough 
assessment of the economic effect of proposed controls. The 
Administration's legislative proposal, consistent with the philosophy 
and principles of Executive Order 12866, includes the requirement for a 
formal evaluation of the costs and benefits of unilateral controls 
before such controls are imposed and extended.
International Trade Administration
The International Trade Administration (ITA) is responsible for most 
nonagricultural trade promotion and enforcement activities of the 
Federal Government. It works with the Office of the U.S. Trade 
Representative in coordinating U.S. trade policy. A large component of 
ITA's activities do not involve regulation. However, ITA has important 
regulatory authority under a number of U.S. trade laws.
ITA administers programs to strengthen domestic export competitiveness 
and to promote U.S. industry's increased participation in international 
markets. ITA's trade development program includes policy development, 
industry analysis, and promotion organized by industrial sectors such 
as aerospace, automotive vehicles and parts, basic industries, 
chemicals and allied products, energy, and textiles and apparel. Among 
its regulatory activities, ITA issues export trade certificates of 
review providing exporters with limited immunity from liability under 
U.S. antitrust laws.
ITA helps achieve the major Departmental goal of opening and expanding 
foreign markets and promoting increased exports of U.S. goods and 
services in markets with the highest potential for growth, such as Asia 
and Latin America, and in important growing sectors, such as computers, 
telecommunications, and environmental technologies. The report of the 
TPCC outlined more than 60 specific actions to strengthen U.S. export 
promotion efforts. Many of these actions, such as increasing U.S. 
businesses' awareness of sources of, and access to, trade finance and 
the establishment of one-stop U.S. Export Assistance Centers, directly 
involve ITA but do not involve regulation.
ITA also enforces our trade laws to ensure free and fair competition in 
our domestic market between U.S.- and foreign-manufactured goods. It 
administers and enforces the antidumping and countervailing duty laws 
of the United States. It investigates whether exports to the United 
States are subsidized or sold at less than fair value; when it finds 
that they are, and the U.S. International Trade Commission finds that a 
U.S. industry has been injured or threatened with material injury as a 
result, it issues an order to the U. S. Customs Service to impose 
offsetting duties. In addition, ITA administers the Foreign Trade Zone, 
Watch Quota, and Steel Import Stabilization Programs and the 
Educational, Scientific, and Cultural Materials Importation Act, and 
enforces the machine tool voluntary restraint agreements with Japan and 
Taiwan.
Antidumping and Countervailing Duties Regulations
The top regulatory priority of ITA is revising the antidumping and 
countervailing duty regulations to conform to anticipated legislation 
implementing the results of the Uruguay Round multilateral trade 
negotiations.
The newly negotiated Antidumping Agreement and Subsidies/Countervailing 
Measures Agreement (Agreements) establish general principles regarding 
the administration of antidumping and countervailing duty laws. In 
order to facilitate the administration of these laws and to provide 
greater predictability for private parties affected by these laws, it 
will be necessary to promulgate regulations which translate the 
principles of the Agreements and the implementing legislation into 
specific and predictable rules. Revisions also will address matters 
that were the subject of other uncompleted rulemaking proceedings that 
the Department of Commerce has previously withdrawn. By clarifying the 
methodologies and procedures used in administering the antidumping and 
countervailing duty laws, the efficiency and fairness of these laws 
will be enhanced at little, if any, additional cost. The manner in 
which these regulations are drafted could have a significant impact on 
various important sectors of the economy, including steel, lumber and 
bearings.
National Oceanic and Atmospheric Administration
The National Oceanic and Atmospheric Administration (NOAA) establishes 
and administers Federal policy for the conservation and management of 
the Nation's oceanic, coastal, and atmospheric resources. It provides a 
variety of essential environmental services vital to public safety and 
to the Nation's economy, such as weather forecasts and storm warnings. 
It is a source of objective information on the state of the 
environment. NOAA plays the lead role in achieving the Departmental 
goal of promoting stewardship and assessment of the global environment.
Three of NOAA's major components, the National Marine Fisheries Service 
(NMFS), the National Ocean Service (NOS), and the National 
Environmental Satellite, Data, and Information Service (NESDIS), 
exercise regulatory authority.
NMFS oversees the management and conservation of the Nation's marine 
fisheries, protects marine mammals, and promotes the economic 
development of the U.S. fishing industries. NOS assists the coastal 
States in their management of land and ocean resources in their coastal 
zones, including estuarine research reserves; manages the Nation's 
national marine sanctuaries; monitors marine pollution; and directs the 
national program for deep-seabed minerals and ocean thermal energy. 
NESDIS administers the civilian weather satellite program and licenses 
private organizations to operate civil operational land-remote sensing 
satellite systems.
The Administration is committed to an environmental strategy that 
promotes sustainable economic development and rejects the false choice 
between environmental goals and economic growth. The intent is to have 
the Government's economic decisions be guided by a comprehensive 
understanding of the environment. The Department of Commerce through 
NOAA has a unique role in promoting stewardship of the global 
environment through effective management of the Nation's marine and 
coastal resources and in monitoring and predicting changes in the 
Earth's environment, thus linking trade, development and technology 
with environmental issues. NOAA has the primary Federal responsibility 
for providing the sound scientific observations, assessments and 
forecasts of environmental phenomena on which resource management and 
other societal decisions can be made. The Department of Commerce's 
Economics and Statistics Administration has the primary Federal 
responsibility for providing information about the economy.

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