I

104TH CONGRESS

1ST SESSION H. R. 2124

To enhance the competitiveness of the United States in the global economy

through the establishment of the United States Trade Administration

as an independent establishment in the executive branch of the Government.

IN THE HOUSE OF REPRESENTATIVES

JULY 27, 1995

Mr. MICA (for himself, Mr. CHRYSLER, Mr. ROGERS, Mr. GILMAN, Mr.

CLINGER, Mr. ROTH, Mr. MANZULLO, and Mr. PORTMAN) introduced the

following bill; which was referred to the Committee on Ways and Means,

and in addition to the Committees on International Relations, Banking

and Financial Services, and Government Reform and Oversight, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To enhance the competitiveness of the United States in the

global economy through the establishment of the United

States Trade Administration as an independent establishment in the executive branch of the Government.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Trade Reorganization

5 Act of 1995’’.
2

•HR 2124 IH

1 SEC. 2. TABLE OF CONTENTS.

2 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—GENERAL PROVISIONS

Sec. 101. Findings.

Sec. 102. Definitions.

TITLE II—UNITED STATES TRADE ADMINISTRATION

Subtitle A—Establishment

Sec. 201. Establishment of the Administration.

Sec. 202. Functions of the USTR.

Subtitle B—Officers

Sec. 211. Deputy Administrator of the United States Trade Administration.

Sec. 212. Deputy United States Trade Representatives.

Sec. 213. Assistant Administrators.

Sec. 214. Director General for Export Promotion.

Sec. 215. General Counsel.

Sec. 216. Inspector General.

Sec. 217. Chief Financial Officer.

Subtitle C—Transfers to the Administration

Sec. 221. Office of the United States Trade Representative.

Sec. 222. Transfers from the Department of Commerce.

Sec. 223. Trade and Development Agency.

Subtitle D—Administrative Provisions

Sec. 231. Personnel provisions.

Sec. 232. Delegation and assignment.

Sec. 233. Succession.

Sec. 234. Reorganization.

Sec. 235. Rules.

Sec. 236. Funds transfer.

Sec. 237. Contracts, grants, and cooperative agreements.

Sec. 238. Use of facilities.

Sec. 239. Gifts and bequests.

Sec. 240. Working Capital Fund.

Sec. 241. Service charges.

Sec. 242. Professional Trade Service Corps.

Sec. 243. Seal of Department.

Subtitle E—Related Agencies

Sec. 251. Interagency Trade Organization.

Sec. 252. National Security Council.

Sec. 253. International Monetary Fund.

Sec. 254. General Services Administration.

Sec. 255. National Endowment for the Humanities.
3

•HR 2124 IH

Subtitle F—Conforming Amendments

Sec. 261. Amendments to general provisions.

Sec. 262. Repeals.

Sec. 263. Conforming amendments relating to Executive Schedule positions.

TITLE III—TRANSITIONAL, SAVINGS, AND CONFORMING

PROVISIONS

Sec. 301. Additional transfers.

Sec. 302. Transfer and allocations of appropriations and personnel.

Sec. 303. Incidental transfers.

Sec. 304. Effect on personnel.

Sec. 305. Savings provisions.

Sec. 306. Severability.

Sec. 307. Reference.

Sec. 308. Transition.

Sec. 309. Additional conforming amendments.

TITLE IV—MISCELLANEOUS

Sec. 401. Effective date.

Sec. 402. Interim appointments.

Sec. 403. Personnel and funding reductions resulting from reorganization.

Sec. 404. Authorization of appropriations.

1 TITLE I—GENERAL PROVISIONS

2 SEC. 101. FINDINGS.

3 The Congress finds that—

4 (1) principal national goals of the United States

5 are to—

6 (A) maintain United States leadership in

7 international trade liberalization and expansion

8 efforts;

9 (B) reinvigorate the ability of the United

10 States economy to compete in international

11 markets and to respond flexibly to changes in

12 international competition; and

13 (C) expand United States participation in

14 international trade through aggressive pro-
4

•HR 2124 IH

1 motion and marketing of American products

2 and services;

3 (2) the economy of the United States is so inex4 tricably linked with the international economic sys5 tem that all domestic economic sectors are influ6 enced by the dynamics of global trade and invest7 ment;

8 (3) the expansion of United States participation

9 in international trade will improve the general wel10 fare of the people of the United States by increasing

11 demand for American products and services, creat12 ing jobs, and increasing the gross national product;

13 (4) business, labor, and all levels of government

14 must place the highest priority on developing meth15 ods and policies to achieve the goals described in

16 paragraph (1), and the achievement of such goals is

17 dependent on a marked improvement in the capabil18 ity of United States businesses to compete in foreign

19 markets;

20 (5) the Federal Government can enhance the

21 capability of United States businesses to compete in

22 foreign markets by acting to—

23 (A) reduce trade barriers to sales and in24 vestments by such businesses;
5

•HR 2124 IH

1 (B) promote American goods and services

2 in foreign countries and encourage aggressive

3 participation by the private sector in the inter4 national marketplace; and

5 (C) promote and maintain an international

6 trade system that establishes open, transparent,

7 and fair trade rules and leads to the expansion

8 of United States trade;

9 (6) effective and efficient Government action to

10 enhance the capability of United States businesses

11 to compete in foreign markets requires coordination

12 of the development and implementation of Govern13 ment policies relating to the international trade in14 terests of the United States;

15 (7) effective and efficient Government action

16 with respect to international trade further requires

17 the employment of personnel consisting of individ18 uals who, like the personnel of the governments of

19 United States trading partners, are highly experi20 enced and educated in international trade operations

21 and negotiations;

22 (8) the present organizational structure of Gov23 ernment administration of international trade activi24 ties is too diffuse and leads to inconsistent and con25 flicting policies and actions;
6

•HR 2124 IH

1 (9) such inconsistent and contradictory policies

2 and actions inhibit domestic trade interests, create

3 trade opportunities for our international competi4 tors, and discourage experienced Government per5 sonnel from career service in international trade ac6 tivities;

7 (10) United States performance in international

8 trade is fundamentally linked to the competitiveness

9 of American industry in the world economy;

10 (11) improvements in the competitiveness of

11 United States industry, products, and services can

12 be aided by reducing traditional antagonisms among

13 government, industry, labor, and the public;

14 (12) a lack of analytical capability and knowl15 edge concerning the competitive position of Amer16 ican industries and foreign industries greatly ham17 pers or delays the ability of the United States to for18 mulate responsible trade policies and policies that

19 affect the international competitiveness of domestic

20 industries;

21 (13) the consolidation of Government functions

22 relating to international trade, including functions

23 relating to technical analysis, policymaking, inter24 national negotiation, and operational responsibilities,

25 into the United States Trade Administration shall
7

•HR 2124 IH

1 provide the needed elevation and coordination of

2 Government activity in international trade;

3 (14) the continued prosperity and overall com4 petitive posture of the United States calls for a deci5 sive and unified trade policy that vigorously pro6 motes an equitable international trade environment

7 in which the United States is able to compete fully

8 and fairly;

9 (15) continued United States leadership in the

10 world economy requires the formulation and imple11 mentation of a trade policy that is delineated and

12 understood by the rest of the world;

13 (16) establishing a decisive and unified trade

14 policy has become a number one priority of the Unit15 ed States;

16 (17) enhancing the process of consultation and

17 advice between the executive branch, the Congress,

18 and the private sector will assist in developing the

19 consensus on and support for the trade policy of the

20 United States;

21 (18) there is no one single agency or depart22 ment within the executive branch with overall re23 sponsibility for the development, coordination, imple24 mentation, and administration of the United States

25 trade policy, and the proliferation and division of
8

•HR 2124 IH

1 agencies within the executive branch have weakened

2 the overall leadership of the United States in inter3 national trade matters; and

4 (19) the economic well-being of the American

5 people will be substantially enhanced through the es6 tablishment of the United States Trade Administra7 tion.

8 SEC. 102. DEFINITIONS.

9 For purposes of this Act, unless otherwise provided

10 or indicated by the context—

11 (1) the term ‘‘Administration’’ means the Unit12 ed States Trade Administration;

13 (2) the term ‘‘Federal agency’’ has the meaning

14 given to the term ‘‘agency’’ by section 551(1) of title

15 5, United States Code;

16 (3) the term ‘‘function’’ means any duty, obli17 gation, power, authority, responsibility, right, privi18 lege, activity, or program;

19 (4) the term ‘‘office’’ includes any office, ad20 ministration, agency, institute, unit, organizational

21 entity, or component thereof; and

22 (5) the term ‘‘USTR’’ means the United States

23 Trade Representative as provided for under section

24 201.
9

•HR 2124 IH

1 TITLE II—UNITED STATES

2 TRADE ADMINISTRATION

3 Subtitle A—Establishment

4 SEC. 201. ESTABLISHMENT OF THE ADMINISTRATION.

5 (a) IN GENERAL.—There is established the United

6 States Trade Administration which shall be an independ7 ent establishment in the executive branch of Government

8 as defined under section 104 of title 5, United States

9 Code. The United States Trade Representative shall be

10 the Administrator of the United States Trade Administra11 tion and shall be appointed by the President, by and with

12 the advice and consent of the Senate.

13 (b) AMBASSADOR STATUS.—The USTR shall have

14 the rank and status of Ambassador and shall represent

15 the United States in all trade negotiations conducted by

16 the Administration.

17 SEC. 202. FUNCTIONS OF THE USTR.

18 (a) IN GENERAL.—In addition to the functions trans19 ferred to the USTR by this Act, such other functions as

20 the President may assign or delegate to the USTR, and

21 such other functions as the USTR may, after the effective

22 date of this Act, be required to carry out by law, the

23 USTR shall—

24 (1) serve as the principal advisor to the Presi25 dent on international trade policy and advise the
10

•HR 2124 IH

1 President on the impact of other policies of the

2 United States Government on international trade;

3 (2) exercise primary responsibility, with the ad4 vice of the interagency organization established

5 under section 242 of the Trade Expansion Act of

6 1962, for developing and implementing international

7 trade policy, including commodity matters and, to

8 the extent related to international trade policy, di9 rect investment matters and, in exercising such re10 sponsibility, advance and implement the goals de11 scribed in section 101(1) as the primary mandate of

12 the Administration;

13 (3) exercise lead responsibility for the conduct

14 of international trade negotiations, including nego15 tiations relating to commodity matters and, to the

16 extent that such negotiations are related to inter17 national trade, direct investment negotiations;

18 (4) exercise lead responsibility for the establish19 ment of a national export strategy, including policies

20 designed to implement such strategy;

21 (5) with the advice of the interagency organiza22 tion established under section 242 of the Trade Ex23 pansion Act of 1962, issue policy guidance to other

24 Federal agencies on international trade, commodity,

25 and direct investment functions to the extent nec-
11

•HR 2124 IH

1 essary to assure the coordination of international

2 trade policy;

3 (6) seek and promote new opportunities for

4 United States products and services to compete in

5 the world marketplace;

6 (7) assist small businesses in developing export

7 markets;

8 (8) enforce the laws of the United States relat9 ing to trade;

10 (9) analyze economic trends and developments;

11 (10) report directly to the Congress—

12 (A) on the administration of, and matters

13 pertaining to, the trade agreements program

14 under the Omnibus Trade and Competitiveness

15 Act of 1988, the Trade Act of 1974, the Trade

16 Expansion Act of 1962, section 350 of the Tar17 iff Act of 1930, and any other provision of law

18 enacted after this Act; and

19 (B) with respect to other important issues

20 pertaining to international trade;

21 (11) keep each official adviser to the United

22 States delegations to international conferences,

23 meetings, and negotiation sessions relating to trade

24 agreements who is appointed from the Committee on

25 Finance of the Senate or the Committee on Ways
12

•HR 2124 IH

1 and Means of the House of Representatives under

2 section 161 of the Trade Act of 1974 currently in3 formed on United States negotiating objectives with

4 respect to trade agreements, the status of negotia5 tions in progress with respect to such agreements,

6 and the nature of any changes in domestic law or

7 the administration thereof which the USTR may

8 recommend to the Congress to carry out any trade

9 agreement;

10 (12) consult and cooperate with State and local

11 governments and other interested parties on inter12 national trade matters of interest to such govern13 ments and parties, and to the extent related to inter14 national trade matters, on investment matters, and,

15 when appropriate, hold informal public hearings;

16 (13) serve as the principal advisor to the Presi17 dent on government policies designed to contribute

18 to enhancing the ability of United States industry

19 and services to compete in international markets;

20 (14) develop recommendations for national

21 strategies and specific policies intended to enhance

22 the productivity and international competitiveness of

23 United States industries;

24 (15) serve as the principal advisor to the Presi25 dent in identifying and assessing the consequences
13

•HR 2124 IH

1 of any Government policies that adversely affect, or

2 have the potential to adversely affect, the inter3 national competitiveness of United States industries

4 and services; and

5 (16) promote cooperation between business,

6 labor, and Government to improve industrial per7 formance and the ability of United States industries

8 to compete in international markets and to facilitate

9 consultation and communication between the Gov10 ernment and the private sector about domestic in11 dustrial performance and prospects and the perform12 ance and prospects of foreign competitors.

13 (b) INTERAGENCY ORGANIZATION.—The USTR shall

14 be the chairperson of the interagency organization estab15 lished under section 242 of the Trade Expansion Act of

16 1962.

17 (c) NATIONAL SECURITY COUNCIL.—The USTR

18 shall be a member of the National Security Council.

19 (d) ADVISORY COUNCIL.—The USTR shall be Dep20 uty Chairman of the National Advisory Council on Inter21 national Monetary and Financial Policies established

22 under Executive Order 11269, issued February 14, 1966.

23 (e) AGRICULTURE.—(1) The USTR shall consult

24 with the Secretary of Agriculture or the designee of the
14

•HR 2124 IH

1 Secretary of Agriculture on all matters that potentially in2 volve international trade in agricultural products.

3 (2) If an international meeting for negotiation or con4 sultation includes discussion of international trade in agri5 cultural products, the USTR or the designee of the USTR

6 shall be Chairman of the United States delegation to such

7 meeting and the Secretary of Agriculture or the designee

8 of such Secretary shall be Vice Chairman. The provisions

9 of this paragraph shall not limit the authority of the

10 USTR under subsection (h) to assign to the Secretary of

11 Agriculture responsibility for the conduct of, or participa12 tion in, any trade negotiation or meeting.

13 (f) TRADE PROMOTION.—The USTR shall be the

14 chairperson of the Trade Promotion Coordinating Com15 mittee.

16 (g) NATIONAL ECONOMIC COUNCIL.—The USTR

17 shall be a member of the National Economic Council es18 tablished under Executive Order No. 12835, issued Janu19 ary 25, 1993.

20 (h) INTERNATIONAL TRADE NEGOTIATIONS.—Ex21 cept where expressly prohibited by law, the USTR, at the

22 request or with the concurrence of the head of any other

23 Federal agency, may assign the responsibility for conduct24 ing or participating in any specific international trade ne25 gotiation or meeting to the head of such agency whenever
15

•HR 2124 IH

1 the USTR determines that the subject matter of such

2 international trade negotiation is related to the functions

3 carried out by such agency.

4 Subtitle B—Officers

5 SEC. 211. DEPUTY ADMINISTRATOR OF THE UNITED

6 STATES TRADE ADMINISTRATION.

7 (a) ESTABLISHMENT.—There shall be in the Admin8 istration the Deputy Administrator of the United States

9 Trade Administration, who shall be appointed by the

10 President, by and with the advice and consent of the Sen11 ate.

12 (b) ABSENCE, DISABILITY, OR VACANCY OF

13 USTR.—The Deputy Administrator of the United States

14 Trade Administration shall act for and exercise the func15 tions of the USTR during the absence or disability of the

16 USTR or in the event the office of the USTR becomes

17 vacant. The Deputy Administrator of the United States

18 Trade Administration shall act for and exercise the func19 tions of the USTR until the absence or disability of the

20 USTR no longer exists or a successor to the USTR has

21 been appointed by the President and confirmed by the

22 Senate.

23 (c) FUNCTIONS OF DEPUTY ADMINISTRATOR OF THE

24 UNITED STATES TRADE ADMINISTRATION.—The Deputy

25 Administrator of the United States Trade Administration
16

•HR 2124 IH

1 shall exercise all functions, under the direction of the

2 USTR, transferred to or established in the Administra3 tion, except those functions exercised by the Deputy Unit4 ed States Trade Representatives, the Inspector General,

5 and the General Counsel of the Administration, as pro6 vided by this Act.

7 SEC. 212. DEPUTY UNITED STATES TRADE REPRESENTA8 TIVES.

9 (a) ESTABLISHMENT.—There shall be in the Admin10 istration 2 Deputy United States Trade Representatives,

11 who shall be appointed by the President, by and with the

12 advice and consent of the Senate. The Deputy United

13 States Trade Representatives shall exercise all functions

14 under the direction of the USTR, and shall include—

15 (1) the Deputy United States Trade Represent16 ative for Negotiations; and

17 (2) the Deputy United States Trade Represent18 ative to the World Trade Organization.

19 (b) FUNCTIONS OF DEPUTY UNITED STATES TRADE

20 REPRESENTATIVES.—(1) The Deputy United States

21 Trade Representative for Negotiations shall exercise all

22 functions transferred under section 221 and shall have the

23 rank and status of Ambassador.

24 (2) The Deputy United States Trade Representative

25 to the World Trade Organization shall exercise all func-
17

•HR 2124 IH

1 tions relating to representation to the World Trade Orga2 nization and shall have the rank and status of Ambas3 sador.

4 SEC. 213. ASSISTANT ADMINISTRATORS.

5 (a) ESTABLISHMENT.—There shall be in the Admin6 istration 3 Assistant Administrators, who shall be ap7 pointed by the President, by and with the advice and con8 sent of the Senate. The Assistant Administrators shall ex9 ercise all functions under the direction of the Deputy Ad10 ministrator of the United States Trade Administration

11 and include—

12 (1) the Assistant Administrator for Export Ad13 ministration;

14 (2) the Assistant Administrator for Import Ad15 ministration; and

16 (3) the Assistant Administrator for Trade and

17 Policy Analysis.

18 (b) FUNCTIONS OF ASSISTANT ADMINISTRATORS.—

19 (1) The Assistant Administrator for Export Administra20 tion shall exercise all functions transferred under section

21 222(1)(C).

22 (2) The Assistant Administrator for Import Adminis23 tration shall exercise all functions transferred under sec24 tion 222(1)(D).
18

•HR 2124 IH

1 (3) The Assistant Administrator for Trade and Policy

2 Analysis shall exercise all functions transferred under sec3 tion 222(1)(B) and all functions transferred under section

4 222(2).

5 SEC. 214. DIRECTOR GENERAL FOR EXPORT PROMOTION.

6 (a) ESTABLISHMENT.—There shall be a Director

7 General for Export Promotion, who shall be appointed by

8 the President, by and with the advice and consent of the

9 Senate.

10 (b) FUNCTIONS.—The Director General for Export

11 Promotion shall exercise, under the direction of the

12 USTR, all functions transferred under sections 222(1)(A)

13 (relating to functions of the United States and Foreign

14 Commercial Service performed in foreign nations) and 223

15 and shall have the rank and status of Ambassador.

16 SEC. 215. GENERAL COUNSEL.

17 There shall be in the Administration a General Coun18 sel, who shall be appointed by the President, by and with

19 the advice and consent of the Senate. The General Counsel

20 shall provide legal assistance to the USTR concerning the

21 activities, programs, and policies of the Administration.

22 SEC. 216. INSPECTOR GENERAL.

23 There shall be in the Administration an Inspector

24 General who shall be appointed in accordance with the In-
19

•HR 2124 IH

1 spector General Act of 1978, as amended by section

2 261(b) of this Act.

3 SEC. 217. CHIEF FINANCIAL OFFICER.

4 There shall be in the Administration a Chief Finan5 cial Officer who shall be appointed in accordance with sec6 tion 901 of title 31, United States Code, as amended by

7 section 261(e) of this Act. The Chief Financial Officer

8 shall perform all functions prescribed by the Deputy Ad9 ministrator of the United States Trade Administration,

10 under the direction of the Deputy Administrator.

11 Subtitle C—Transfers to the

12 Administration

13 SEC. 221. OFFICE OF THE UNITED STATES TRADE REP14 RESENTATIVE.

15 There are transferred to the USTR of the United

16 States Trade Administration all functions of the United

17 States Trade Representative and the Office of the United

18 States Trade Representative in the Executive Office of the

19 President and all functions of any officer or employee of

20 such Office.

21 SEC. 222. TRANSFERS FROM THE DEPARTMENT OF COM22 MERCE.

23 There are transferred to the USTR the following

24 functions:
20

•HR 2124 IH

1 (1) All functions of, and all functions performed

2 under the direction of, the following officers and em3 ployees of the Department of Commerce:

4 (A) The Under Secretary of Commerce for

5 International Trade, and the Director General

6 of the United States and Foreign Commercial

7 Service, relating to all functions exercised by

8 the Service in foreign nations.

9 (B) The Assistant Secretary of Commerce

10 for International Economic Policy and the As11 sistant Secretary of Commerce for Trade Devel12 opment.

13 (C) The Under Secretary of Commerce for

14 Export Administration.

15 (D) The Assistant Secretary of Commerce

16 for Import Administration.

17 (2) All functions of the Secretary of Commerce

18 relating to the National Trade Data Bank.

19 SEC. 223. TRADE AND DEVELOPMENT AGENCY.

20 There are transferred to the USTR all functions of

21 the Director of the Trade and Development Agency. There

22 are transferred to the Administration all functions of the

23 Trade and Development Agency.
21

•HR 2124 IH

1 Subtitle D—Administrative

2 Provisions

3 SEC. 231. PERSONNEL PROVISIONS.

4 (a) APPOINTMENTS.—The USTR may appoint and

5 fix the compensation of such officers and employees, in6 cluding investigators, attorneys, and administrative law

7 judges, as may be necessary to carry out the functions

8 of the USTR and the Administration. Except as otherwise

9 provided by law, such officers and employees shall be ap10 pointed in accordance with the civil service laws and their

11 compensation fixed in accordance with title 5, United

12 States Code.

13 (b) POSITIONS ABOVE GS–15.—(1) At the request

14 of the USTR, the Director of the Office of Personnel Man15 agement shall, under section 5108 of title 5, United States

16 Code, provide for the establishment in a grade level above

17 GS–15 of the General Service, and in the Senior Executive

18 Service, of a number of positions in the Administration

19 equal to the number of positions in that grade level which

20 were used primarily for the performance of functions and

21 offices transferred by this Act and which were assigned

22 and filled on the day before the effective date of this Act.

23 (2) Appointments to positions provided for under this

24 subsection may be made without regard to the provisions

25 of section 3324 of title 5, United States Code, if the indi-
22

•HR 2124 IH

1 vidual appointed in such position is an individual who is

2 transferred in connection with the transfer of functions

3 and offices under this Act and, on the day before the effec4 tive date of this Act, holds a position and has duties com5 parable to those of the position to which appointed under

6 this subsection.

7 (3) The authority under this subsection with respect

8 to any position established at a grade level above GS–15

9 shall terminate when the person first appointed to fill such

10 position ceases to hold such position.

11 (4) For purposes of section 414(a)(3)(A) of the Civil

12 Service Reform Act of 1978, an individual appointed

13 under this subsection shall be deemed to occupy the same

14 position as the individual occupied on the day before the

15 effective date of this Act.

16 (c) EXPERTS AND CONSULTANTS.—The USTR may

17 obtain the services of experts and consultants in accord18 ance with section 3109 of title 5, United States Code, and

19 compensate such experts and consultants for each day (in20 cluding traveltime) at rates not in excess of the maximum

21 rate of pay for a position at a grade level above GS–15

22 of the General Schedule under section 5332 of such title.

23 The USTR may pay experts and consultants who are serv24 ing away from their homes or regular place of business

25 travel expenses and per diem in lieu of subsistence at rates
23

•HR 2124 IH

1 authorized by sections 5702 and 5703 of such title for

2 persons in Government service employed intermittently.

3 (d) VOLUNTARY SERVICES.—(1)(A) The USTR is

4 authorized to accept voluntary and uncompensated serv5 ices without regard to the provisions of section 1342 of

6 title 31, United States Code, if such services will not be

7 used to displace Federal employees employed on a full8 time, part-time, or seasonal basis.

9 (B) The USTR is authorized to accept volunteer serv10 ice in accordance with the provisions of section 3111 of

11 title 5, United States Code.

12 (2) The USTR is authorized to provide for incidental

13 expenses, including but not limited to transportation, lodg14 ing, and subsistence for individuals who provide voluntary

15 services under subparagraph (A) or (B) of paragraph (1).

16 (3) An individual who provides voluntary services

17 under paragraph (1)(A) shall not be considered a Federal

18 employee for any purpose other than for purposes of chap19 ter 81 of title 5, United States Code, relating to com20 pensation for work injuries, and chapter 171 of title 28,

21 United States Code, relating to tort claims.

22 (e) FOREIGN SERVICE POSITIONS.—In order to as23 sure United States representation in trade matters at a

24 level commensurate with the level of representation main25 tained by industrial nations which are major trade com-
24

•HR 2124 IH

1 petitors of the United States, the Secretary of State shall

2 classify certain positions at Foreign Service posts as com3 mercial minister positions and shall assign members of the

4 Foreign Service performing functions of the Administra5 tion, with the concurrence of the USTR, to such positions

6 in nations which are major trade competitors of the Unit7 ed States. The Secretary of State shall obtain and use the

8 recommendations of the USTR with respect to the number

9 of positions to be so classified under this subsection.

10 SEC. 232. DELEGATION AND ASSIGNMENT.

11 Except where otherwise expressly prohibited by law

12 or otherwise provided by this Act, the USTR may delegate

13 any of the functions transferred to the USTR by this Act

14 and any function transferred or granted to the USTR

15 after the effective date of this Act to such officers and

16 employees of the Administration as the USTR may des17 ignate, and may authorize successive redelegations of such

18 functions as may be necessary or appropriate. No delega19 tion of functions by the USTR under this section or under

20 any other provision of this Act shall relieve the USTR of

21 responsibility for the administration of such functions.

22 SEC. 233. SUCCESSION.

23 (a) ORDER OF SUCCESSION.—Subject to the author24 ity of the President, and except as provided in section

25 211(b), the USTR shall prescribe the order by which offi-
25

•HR 2124 IH

1 cers of the Administration who are appointed by the Presi2 dent, by and with the advice and consent of the Senate,

3 shall act for, and perform the functions of, the USTR or

4 any other officer of the Administration appointed by the

5 President, by and with the advice and consent of the Sen6 ate, during the absence or disability of the USTR or such

7 other officer, or in the event of a vacancy in the office

8 of the USTR or such other officer.

9 (b) CONTINUATION.—Notwithstanding any other pro10 vision of law, and unless the President directs otherwise,

11 an individual acting for the USTR or another officer of

12 the Administration pursuant to subsection (a) shall con13 tinue to serve in that capacity until the absence or disabil14 ity of the USTR or such other officer no longer exists or

15 a successor to the USTR or such other officer has been

16 appointed by the President and confirmed by the Senate.

17 SEC. 234. REORGANIZATION.

18 (a) IN GENERAL.—Subject to subsection (b), the

19 USTR is authorized to allocate or reallocate functions

20 among the officers of the Administration, and to establish,

21 consolidate, alter, or discontinue such organizational enti22 ties in the Administration as may be necessary or appro23 priate.

24 (b) EXCEPTION.—The USTR may not exercise the

25 authority under subsection (a) to establish, consolidate,
26

•HR 2124 IH

1 alter, or discontinue any organizational entity in the Ad2 ministration or allocate or reallocate any function of an

3 officer or employee of the Administration that is inconsist4 ent with any specific provision of this Act.

5 SEC. 235. RULES.

6 The USTR is authorized to prescribe, in accordance

7 with the provisions of chapters 5 and 6 of title 5, United

8 States Code, such rules and regulations as the USTR de9 termines necessary or appropriate to administer and man10 age the functions of the USTR or the Administration.

11 SEC. 236. FUNDS TRANSFER.

12 The USTR may, when authorized in an appropriation

13 Act in any fiscal year, transfer funds from one appropria14 tion to another within the Administration, except that no

15 appropriation for any fiscal year shall be either increased

16 or decreased by more than 10 percent and no such trans17 fer shall result in increasing any such appropriation above

18 the amount authorized to be appropriated therefor.

19 SEC. 237. CONTRACTS, GRANTS, AND COOPERATIVE AGREE20 MENTS.

21 (a) IN GENERAL.—Subject to the provisions of the

22 Federal Property and Administrative Services Act of

23 1949, the USTR may make, enter into, and perform such

24 contracts, leases, cooperative agreements, grants, or other

25 similar transactions with public agencies, private organiza-
27

•HR 2124 IH

1 tions, and persons, and make payments (in lump sum or

2 installments, and by way of advance or reimbursement,

3 and, in the case of any grant, with necessary adjustments

4 on account of overpayments and underpayments) as the

5 USTR considers necessary or appropriate to carry out the

6 functions of the USTR or the Administration.

7 (b) EXCEPTION.—Notwithstanding any other provi8 sion of this Act, the authority to enter into contracts or

9 to make payments under this title shall be effective only

10 to such extent or in such amounts as are provided in ad11 vance in appropriation Acts. This subsection does not

12 apply with respect to the authority granted under section

13 239.

14 SEC. 238. USE OF FACILITIES.

15 (a) USE BY USTR.—With their consent, the USTR,

16 with or without reimbursement, may use the research,

17 services, equipment, and facilities of—

18 (1) an individual,

19 (2) any public or private nonprofit agency or

20 organization, including any agency or instrumental21 ity of the United States or of any State, the District

22 of Columbia, the Commonwealth of Puerto Rico, or

23 any territory or possession of the United States,

24 (3) any political subdivision of any State, the

25 District of Columbia, the Commonwealth of Puerto
28

•HR 2124 IH

1 Rico, or any territory or possession of the United

2 States, or

3 (4) any foreign government,

4 in carrying out any function of the USTR or the Adminis5 tration.

6 (b) USE OF USTR FACILITIES.—The USTR, under

7 terms, at rates, and for periods that the USTR considers

8 to be in the public interest, may permit the use by public

9 and private agencies, corporations, associations or other

10 organizations, or individuals, of any real property, or any

11 facility, structure or other improvement thereon, under the

12 custody of the USTR. The USTR may require permittees

13 under this section to maintain or recondition, at their own

14 expense, the real property, facilities, structures, and im15 provements used by such permittees.

16 SEC. 239. GIFTS AND BEQUESTS.

17 (a) IN GENERAL.—The USTR is authorized to ac18 cept, hold, administer, and utilize gifts and bequests of

19 property, both real and personal, for the purpose of aiding

20 or facilitating the work of the Administration. Gifts and

21 bequests of money and the proceeds from sales of other

22 property received as gifts or bequests shall be deposited

23 in the United States Treasury in a separate fund and shall

24 be disbursed on order of the USTR. Property accepted

25 pursuant to this subsection, and the proceeds thereof,
29

•HR 2124 IH

1 shall be used as nearly as possible in accordance with the

2 terms of the gift or bequest.

3 (b) TAX TREATMENT.—For the purpose of Federal

4 income, estate, and gift taxes, and State taxes, property

5 accepted under subsection (a) shall be considered a gift

6 or bequest to or for the use of the United States.

7 (c) INVESTMENT.—Upon the request of the USTR,

8 the Secretary of the Treasury may invest and reinvest in

9 securities of the United States or in securities guaranteed

10 as to principal and interest by the United States any mon11 eys contained in the fund provided for in subsection (a).

12 Income accruing from such securities, and from any other

13 property held by the USTR pursuant to subsection (a),

14 shall be deposited to the credit of the fund, and shall be

15 disbursed upon order of the USTR.

16 SEC. 240. WORKING CAPITAL FUND.

17 (a) ESTABLISHMENT.—The USTR is authorized to

18 establish for the Administration a working capital fund,

19 to be available without fiscal year limitation, for expenses

20 necessary for the maintenance and operation of such com21 mon administrative services as the USTR shall find to be

22 desirable in the interest of economy and efficiency, includ23 ing—

24 (1) a central supply service for stationery and

25 other supplies and equipment for which adequate
30

•HR 2124 IH

1 stocks may be maintained to meet in whole or in

2 part the requirements of the Administration and its

3 components;

4 (2) central messenger, mail, and telephone serv5 ice and other communications services;

6 (3) office space and central services for docu7 ment reproduction and for graphics and visual aids;

8 (4) a central library service; and

9 (5) such other services as may be approved by

10 the Director of the Office of Management and Budg11 et.

12 (b) OPERATION OF FUND.—The capital of the fund

13 shall consist of any appropriations made for the purpose

14 of providing working capital and the fair and reasonable

15 value of such stocks of supplies, equipment, and other as16 sets and inventories on order as the USTR may transfer

17 to the fund, less the related liabilities and unpaid obliga18 tions. The fund shall be reimbursed in advance from avail19 able funds of agencies and offices in the Administration,

20 or from other sources, for supplies and services at rates

21 which will approximate the expense of operation, including

22 the accrual of annual leave and the depreciation of equip23 ment. The fund shall also be credited with receipts from

24 sale or exchange of property and receipts in payment for

25 loss or damage to property owned by the fund. There shall
31

•HR 2124 IH

1 be covered into the United States Treasury as miscellane2 ous receipts any surplus of the fund (all assets, liabilities,

3 and prior losses considered) above the amounts trans4 ferred or appropriated to establish and maintain the fund.

5 There shall be transferred to the fund the stocks of sup6 plies, equipment, other assets, liabilities, and unpaid obli7 gations relating to those services which the USTR deter8 mines will be performed.

9 SEC. 241. SERVICE CHARGES.

10 (a) AUTHORITY.—Notwithstanding any other provi11 sion of law, the USTR may establish reasonable fees and

12 commissions with respect to applications, documents,

13 awards, loans, grants, research data, services, and assist14 ance administered by the Administration, and the USTR

15 may change and abolish such fees and commissions. Be16 fore establishing, changing, or abolishing any schedule of

17 fees or commissions under this section, the USTR may

18 submit such schedule to the Congress.

19 (b) DEPOSITS.—The USTR is authorized to require

20 a deposit before the USTR provides any item, information,

21 service, or assistance for which a fee or commission is re22 quired under this section.

23 (c) DEPOSIT OF MONEYS.—Moneys received under

24 this section shall be deposited in the Treasury in a special
32

•HR 2124 IH

1 account for use by the USTR and are authorized to be

2 appropriated and made available until expended.

3 (d) FACTORS IN ESTABLISHING FEES AND COMMIS4 SIONS.—In establishing reasonable fees or commissions

5 under this section, the USTR may take into account—

6 (1) the actual costs which will be incurred in

7 providing the items, information, services, or assist8 ance concerned;

9 (2) the efficiency of the Government in provid10 ing such items, information, services, or assistance;

11 (3) the portion of the cost that will be incurred

12 in providing such items, information, services, or as13 sistance which may be attributed to benefits for the

14 general public rather than exclusively for the person

15 to whom the items, information, services, or assist16 ance is provided;

17 (4) any public service which occurs through the

18 provision of such items, information, services, or as19 sistance; and

20 (5) such other factors as the USTR considers

21 appropriate.

22 (e) REFUNDS OF EXCESS PAYMENTS.—In any case

23 in which the USTR determines that any person has made

24 a payment which is not required under this section or has

25 made a payment which is in excess of the amount required
33

•HR 2124 IH

1 under this section, the USTR, upon application or other2 wise, may cause a refund to be made from applicable

3 funds.

4 SEC. 242. PROFESSIONAL TRADE SERVICE CORPS.

5 Within 180 days after the effective date of this Act,

6 the USTR shall prepare and transmit to the President and

7 the Congress a report containing recommendations for the

8 establishment of a Professional Trade Service Corps de9 signed to attract and retain highly qualified, experienced,

10 and motivated professionals to administer the trade poli11 cies and activities of the United States. The proposal for

12 the Corps shall contain provisions for—

13 (1) the advancement and retention of personnel

14 on a competitive basis;

15 (2) the designation of senior positions in the

16 Corps in order that personnel employed in the Corps

17 may advance in careers relating to international

18 trade; and

19 (3) the transfer of personnel between the Corps

20 and the Foreign Service in order that such personnel

21 may be employed in foreign and domestic service.

22 SEC. 243. SEAL OF DEPARTMENT.

23 The USTR shall cause a seal of office to be made

24 for the Administration of such design as the USTR shall

25 approve. Judicial notice shall be taken of such seal.
34

•HR 2124 IH

1 Subtitle E—Related Agencies

2 SEC. 251. INTERAGENCY TRADE ORGANIZATION.

3 Section 242(a)(3) of the Trade Expansion Act of

4 1962 (19 U.S.C. 1872(a)(3)) is amended to read as fol5 lows:

6 ‘‘(3)(A) The interagency organization estab7 lished under subsection (a) shall be composed of—

8 ‘‘(i) the United States Trade Representa9 tive, who shall be the chairperson,

10 ‘‘(ii) the Secretary of Agriculture,

11 ‘‘(iii) the Secretary of the Treasury,

12 ‘‘(iv) the Secretary of Labor,

13 ‘‘(v) the Secretary of State, and

14 ‘‘(vi) the representatives of such other de15 partments and agencies as the United States

16 Trade Representative shall designate.

17 ‘‘(B) The United States Trade Representative

18 may invite representatives from other agencies, as

19 appropriate, to attend particular meetings if subject

20 matters of specific functional interest to such agen21 cies are under consideration. It shall meet at such

22 times and with respect to such matters as the Presi23 dent or the chairperson shall direct.’’.
35

•HR 2124 IH

1 SEC. 252. NATIONAL SECURITY COUNCIL.

2 The fourth paragraph of section 101(a) of the Na3 tional Security Act of 1947 (50 U.S.C. 402(a)) is amend4 ed—

5 (1) by redesignating clauses (5), (6), and (7) as

6 clauses (6), (7), and (8), respectively; and

7 (2) by inserting after clause (4) the following

8 new clause:

9 ‘‘(5) the United States Trade Representative;’’.

10 SEC. 253. INTERNATIONAL MONETARY FUND.

11 Section 3 of the Bretton Woods Agreement Act is

12 amended by adding at the end the following new sub13 section:

14 ‘‘(e) The United States executive director of the Fund

15 shall consult with the United States Trade Representative

16 with respect to matters under consideration by the Fund

17 which relate to trade.’’.

18 Subtitle G—Conforming

19 Amendments

20 SEC. 261. AMENDMENTS TO GENERAL PROVISIONS.

21 (a) PRESIDENTIAL SUCCESSION.—Section 19(d)(1)

22 of title 3, United States Code, is amended by inserting

23 ‘‘the United States Trade Representative,’’ after ‘‘Sec24 retary of Commerce,’’.

25 (b) INSPECTOR GENERAL.—The Inspector General

26 Act of 1978 is amended—
36

•HR 2124 IH

1 (1) in subsection 9(a)(1) by inserting after sub2 paragraph (W) the following:

3 ‘‘(X) of the United States Trade Rep4 resentative, all functions of the Inspector Gen5 eral of the Department of Commerce and the

6 Office of the Inspector General of the Depart7 ment of Commerce relating to the functions

8 transferred to the United States Trade Rep9 resentative by section 222 of the Trade Reorga10 nization Act of 1995.’’; and

11 (2) in section 11—

12 (A) in paragraph (1) by inserting ‘‘the

13 United States Trade Representative;’’ after

14 ‘‘the Attorney General;’’; and

15 (B) in paragraph (2) by inserting ‘‘the

16 United States Trade Administration,’’ after

17 ‘‘Treasury;’’.

18 (c) AMENDMENT TO THE TRADE ACT OF 1974.—(1)

19 Chapter 4 of title I of the Trade Act of 1974 is amended

20 to read as follows:
37

•HR 2124 IH

1 ‘‘CHAPTER 4—REPRESENTATION IN

2 TRADE NEGOTIATIONS

3 ‘‘SEC. 141. FUNCTIONS OF THE UNITED STATES TRADE REP4 RESENTATIVE.

5 ‘‘The United States Trade Representative of the

6 United States Trade Administration established under

7 section 201 of the Trade Reorganization Act of 1995

8 shall—

9 ‘‘(1) be the chief representative of the United

10 States for each trade negotiation under this title or

11 chapter 1 of title III of this Act, or subtitle A of

12 title I of the Omnibus Trade and Competitiveness

13 Act of 1988, or any other provision of law enacted

14 after the Trade Reorganization Act of 1995;

15 ‘‘(2) report directly to the President and the

16 Congress, and be responsible to the President and

17 the Congress for the administration of trade agree18 ments programs under this Act, the Omnibus Trade

19 and Competitiveness Act of 1988, the Trade Expan20 sion Act of 1962, section 350 of the Tariff Act of

21 1930, and any other provision of law enacted after

22 the Trade Reorganization Act of 1995;

23 ‘‘(3) advise the President and the Congress

24 with respect to nontariff barriers to international

25 trade, international commodity agreements, and
38

•HR 2124 IH

1 other matters which are related to the trade agree2 ments programs; and

3 ‘‘(4) be responsible for making reports to Con4 gress with respect to the matters set forth in para5 graphs (1) and (2).’’.

6 (2) The table of contents in the first section of the

7 Trade Act of 1974 is amended by striking the items relat8 ing to chapter 4 and section 141 and inserting the follow9 ing:

‘‘CHAPTER 4—REPRESENTATION IN TRADE NEGOTIATIONS

‘‘Sec. 141. Functions of the United States Trade Representative.’’.

10 (d) FOREIGN SERVICE PERSONNEL.—The Foreign

11 Service Act of 1980 is amended by striking paragraph (3)

12 of section 202(a) (22 U.S.C. 3922(a)) and inserting the

13 following:

14 ‘‘(3) The United States Trade Representative of

15 the United States Trade Administration may utilize

16 the Foreign Service personnel system in accordance

17 with this Act—

18 ‘‘(A) with respect to the personnel per19 forming functions—

20 ‘‘(i) which were transferred to the De21 partment of Commerce from the Depart22 ment of State by Reorganization Plan No.

23 3 of 1979; and
39

•HR 2124 IH

1 ‘‘(ii) which were subsequently trans2 ferred to the United States Trade Rep3 resentative by section 222 of the Trade

4 Reorganization Act of 1995; and

5 ‘‘(B) with respect to other personnel of the

6 United States Trade Administration to the ex7 tent the President determines to be necessary in

8 order to enable the United States Trade Ad9 ministration to carry out functions which re10 quire service abroad.’’.

11 (e) CHIEF FINANCIAL OFFICERS.—Section 901(b)(1)

12 of title 31, United States Code, is amended by adding at

13 the end the following:

14 ‘‘(Q) The United States Trade Administra15 tion.’’.

16 SEC. 262. REPEALS.

17 Sections 1 and 2 of the Act of June 5, 1939 (15

18 U.S.C. 1502 and 1503; 53 Stat. 808), relating to the

19 Under Secretary of Commerce, are repealed.

20 SEC. 263. CONFORMING AMENDMENTS RELATING TO EXEC21 UTIVE SCHEDULE POSITIONS.

22 (a) POSITIONS AT LEVEL I.—Section 5312 of title

23 5, United States Code, is amended—

24 (1) by adding at the end the following:
40

•HR 2124 IH

1 ‘‘The United States Trade Representative of

2 the United States Trade Administration.’’.

3 (b) POSITIONS AT LEVEL II.—Section 5313 of title

4 5, United States Code, is amended by adding at the end

5 the following:

6 ‘‘Deputy Administrator of the United States

7 Trade Administration.

8 ‘‘Deputy United States Trade Representatives,

9 United States Trade Administration (2).’’.

10 (c) POSITIONS AT LEVEL III.—Section 5314 of title

11 5, United States Code, is amended—

12 (1) by striking the item relating to the Under

13 Secretary of Commerce, Under Secretary of Com14 merce for Economic Affairs, Under Secretary of

15 Commerce for Export Administration, and Under

16 Secretary of Commerce for Travel and Tourism, and

17 inserting ‘‘Under Secretary of Commerce for Eco18 nomic Affairs and Under Secretary of Commerce for

19 Travel and Tourism’’; and

20 (2) by adding at the end the following:

21 ‘‘Assistant Administrators, United States Trade

22 Administration (3).

23 ‘‘Director General for Export Promotion, Unit24 ed States Trade Administration.’’.
41

•HR 2124 IH

1 (d) POSITIONS AT LEVEL IV.—Section 5315 of title

2 5, United States Code, is amended—

3 (1) in the item relating to the Assistant Sec4 retaries of Commerce, by striking ‘‘(11)’’ and insert5 ing ‘‘(7)’’;

6 (2) by striking the item relating to the Assist7 ant Secretary of Commerce and Director General of

8 the United States and Foreign Commercial Service;

9 and

10 (3) by adding at the end the following:

11 ‘‘General Counsel, United States Trade Admin12 istration.

13 ‘‘Inspector General, United States Trade Ad14 ministration.

15 ‘‘Chief Financial Officer, United States Trade

16 Administration.’’.

17 (e) POSITIONS AT LEVEL V.—Section 5316 of title

18 5, United States Code, is amended by striking the item

19 relating to the National Export Expansion Coordinator,

20 Department of Commerce.
42

•HR 2124 IH

1 TITLE III—TRANSITIONAL, SAV2 INGS, AND CONFORMING

3 PROVISIONS

4 SEC. 301. ADDITIONAL TRANSFERS.

5 Any function of the Secretary of Commerce or the

6 Department of Commerce which—

7 (1) is not transferred by title II of this Act; and

8 (2) is incidental to, necessary for, or primarily

9 related to, the performance of a function transferred

10 by any such title,

11 is transferred to the head of the Federal agency to which

12 the related function is transferred by such title.

13 SEC. 302. TRANSFER AND ALLOCATIONS OF APPROPRIA14 TIONS AND PERSONNEL.

15 Except as otherwise provided in this Act, the person16 nel employed in connection with, and the assets, liabilities,

17 contracts, property, records, and unexpended balances of

18 appropriations, authorizations, allocations, and other

19 funds employed, used, held, arising from, available to, or

20 to be made available in connection with the functions and

21 offices transferred by this Act, subject to section 1531 of

22 title 31, United States Code, shall be transferred to the

23 head of the Federal agency to which such functions or of24 fices are transferred by this Act. Unexpended funds trans25 ferred pursuant to this section shall be used only for the
43

•HR 2124 IH

1 purposes for which the funds were originally authorized

2 and appropriated.

3 SEC. 303. INCIDENTAL TRANSFERS.

4 (a) IN GENERAL.—The Director of the Office of

5 Management and Budget, at such time or times as the

6 Director shall provide, is authorized to make such deter7 minations as may be necessary with regard to the func8 tions and offices transferred by this Act, and to make such

9 additional incidental dispositions of personnel, assets, li10 abilities, grants, contracts, property, records, and unex11 pended balances of appropriations, authorizations, alloca12 tions, and other funds held, used, arising from, available

13 to, or to be made available in connection with such func14 tions and offices, as may be necessary to carry out the

15 provisions of this Act. The Director shall provide for the

16 termination of the affairs of all entities terminated by this

17 Act and for such further measures and dispositions as may

18 be necessary to effectuate the purposes of this Act.

19 (b) TRANSFERS RELATING TO SENIOR EXECUTIVE

20 SERVICE.—After consultation with the Director of the Of21 fice of Personnel Management, the Director of the Office

22 of Management and Budget is authorized, at such times

23 as the Director of the Office of Management and Budget

24 may provide, to make such determinations as may be nec25 essary with regard to the transfer of positions within the
44

•HR 2124 IH

1 Senior Executive Service in connection with the functions

2 and offices transferred by this Act.

3 SEC. 304. EFFECT ON PERSONNEL.

4 (a) IN GENERAL.—Except as otherwise provided by

5 this Act, the transfer pursuant to this Act of full-time per6 sonnel (except special Government employees) and part7 time personnel holding permanent positions shall not

8 cause any such employee to be separated or reduced in

9 grade or compensation for one year after the date of trans10 fer of such employee under this Act.

11 (b) EXECUTIVE SCHEDULE POSITIONS.—Except as

12 otherwise provided by this Act, any person who, on the

13 day preceding the effective date of this Act, held a position

14 compensated in accordance with the Executive Schedule

15 prescribed in chapter 53 of title 5, United States Code,

16 and who, without a break in service, is appointed in a Fed17 eral agency to which functions are transferred by this Act

18 to a position having duties comparable to the duties per19 formed immediately preceding such appointment shall con20 tinue to be compensated in such new position at not less

21 than the rate provided for such previous position, for the

22 duration of the service of such person in such new posi23 tion.

24 (c) TERMINATION OF CERTAIN POSITIONS.—Except

25 for members of the Foreign Service, positions whose in-
45

•HR 2124 IH

1 cumbents are appointed by the President, by and with the

2 advice and consent of the Senate, the functions of which

3 are transferred by this Act, shall terminate on the effective

4 date of this Act.

5 SEC. 305. SAVINGS PROVISIONS.

6 (a) CONTINUING EFFECT OF LEGAL DOCUMENTS.—

7 All orders, determinations, rules, regulations, permits,

8 agreements, grants, contracts, certificates, licenses, reg9 istrations, privileges, and other administrative actions—

10 (1) which have been issued, made, granted, or

11 allowed to become effective by the President, any

12 Federal agency or official thereof, or by a court of

13 competent jurisdiction, in the performance of func14 tions which are transferred under this Act, and

15 (2) which are in effect at the time this Act

16 takes effect, or were final before the effective date

17 of this Act and are to become effective on or after

18 the effective date of this Act,

19 shall continue in effect according to their terms until

20 modified, terminated, superseded, set aside, or revoked in

21 accordance with law by the President, the head of the Fed22 eral agency to which such functions are transferred under

23 this Act or other authorized official, a court of competent

24 jurisdiction, or by operation of law.
46

•HR 2124 IH

1 (b) PROCEEDINGS NOT AFFECTED.—(1) The provi2 sions of this Act shall not affect any proceedings, includ3 ing notices of proposed rule making, or any application

4 for any license, permit, certificate, or financial assistance

5 pending on the effective date of this Act before the De6 partment of Commerce or the Office of the United States

7 Trade Representative, or any office thereof with respect

8 to functions transferred by this Act, but such proceedings

9 or applications, to the extent that they relate to functions

10 transferred, shall be continued. Orders shall be issued in

11 such proceedings, appeals shall be taken therefrom, and

12 payments shall be made under such orders, as if this Act

13 had not been enacted, and orders issued in any such pro14 ceedings shall continue in effect until modified, termi15 nated, superseded, or revoked by the head of the Federal

16 agency to which such functions are transferred by this

17 Act, by a court of competent jurisdiction, or by operation

18 of law. Nothing in this subsection prohibits the discontinu19 ance or modification of any such proceeding under the

20 same terms and conditions and to the same extent that

21 such proceeding could have been discontinued or modified

22 if this Act had not been enacted.

23 (2) The Secretary of Commerce, the United States

24 Trade Representative, and the head of each Federal agen25 cy to which functions are transferred by this Act are au-
47

•HR 2124 IH

1 thorized to issue regulations providing for the orderly

2 transfer of proceedings continued under paragraph (1).

3 (c) ADMINISTRATIVE ACTIONS RELATING TO PRO4 MULGATION OF RULES.—Any administrative action relat5 ing to the preparation or promulgation of a regulation by

6 a Federal agency relating to a function transferred under

7 this Act may be continued by the Federal agency to which

8 such function is transferred with the same effect as if this

9 Act had not been enacted.

10 (d) SUITS NOT AFFECTED.—Except as provided in

11 subsection (e)—

12 (1) the provisions of this Act do not affect ac13 tions commenced prior to the effective date of this

14 Act, and

15 (2) in all such actions, proceedings shall be had,

16 appeals taken, and judgments rendered in the same

17 manner and effect as if this Act had not been en18 acted.

19 (e) NONABATEMENT OF ACTIONS.—No action or

20 other proceeding commenced by or against any officer in

21 his official capacity as an officer of the Department of

22 Commerce or the Office of United States Trade Rep23 resentative with respect to functions transferred by this

24 Act shall abate by reason of the enactment of this Act.

25 No cause of action by or against the Department of Com-
48

•HR 2124 IH

1 merce or the Office of United States Trade Representative

2 with respect to functions transferred by this Act, or by

3 or against any officer thereof in his official capacity, shall

4 abate by reason of the enactment of this Act. Causes of

5 action and actions with respect to a function or office

6 transferred by this Act, or other proceedings may be as7 serted by or against the United States or an official of

8 the Federal agency to which such function or office is

9 transferred by this Act, as may be appropriate, and, in

10 an action pending when this Act takes effect, the court

11 may at any time, on its own motion or that of any party,

12 enter an order which will give effect to the provisions of

13 this subsection.

14 (f) FEDERAL OFFICIAL AS PARTY IN ACTION.—If,

15 before the date on which this Act takes effect, the Depart16 ment of Commerce or the Office of the United States

17 Trade Representative, or any officer thereof in his official

18 capacity, is a party to an action, and under this Act any

19 function of such Department, Office, or officer is trans20 ferred to a Federal agency, then such action shall be con21 tinued with the head of such agency substituted or added

22 as a party.

23 (g) JUDICIAL REVIEW.—Orders and actions of the

24 head of a Federal agency in the exercise of functions

25 transferred to the head of such agency by this Act shall
49

•HR 2124 IH

1 be subject to judicial review to the same extent and in

2 the same manner as if such orders and actions had been

3 by the Department of Commerce or the Office of the Unit4 ed States Trade Representative, or any office or officer

5 thereof, in the exercise of such functions immediately pre6 ceding their transfer. Any statutory requirements relating

7 to notice, hearings, action upon the record, or administra8 tive review that apply to any function transferred by this

9 Act shall apply to the exercise of such function by the head

10 of the Federal agency to which such function is trans11 ferred by this Act.

12 SEC. 306. REFERENCE.

13 With respect to any functions transferred by this Act

14 and exercised after the effective date of this Act, reference

15 in any other Federal law to—

16 (1) the Secretary of Commerce or the United

17 States Trade Representative; or

18 (2) the Department of Commerce or the Office

19 of the United States Trade Representative or any of20 ficer or office thereof,

21 shall be considered to refer to the head of the Federal

22 agency to whom such functions were transferred by this

23 Act.
50

•HR 2124 IH

1 SEC. 307. TRANSITION.

2 With the consent of the Secretary of Commerce or

3 the United States Trade Representative, as the case may

4 be, the head of each Federal agency to which functions

5 or offices are transferred by this Act is authorized to uti6 lize—

7 (1) the services of such officers, employees, and

8 other personnel of the Department of Commerce or

9 the Office of the United States Trade Representa10 tive, as the case may be, with respect to functions

11 or offices transferred to that agency by this Act; and

12 (2) funds appropriated to such functions or of13 fices for such period of time as may reasonably be

14 needed to facilitate the orderly implementation of

15 this Act.

16 SEC. 308. ADDITIONAL CONFORMING AMENDMENTS.

17 (a) IN GENERAL.—After consultation with the appro18 priate committees of the Congress and the Director of the

19 Office of Management and Budget, the head of each agen20 cy to which functions are transferred under this Act shall

21 prepare and submit to the Congress recommended legisla22 tion containing technical and conforming amendments to

23 reflect the changes made by this Act.

24 (b) SUBMISSION.—No later than 6 months after the

25 effective date of this Act, each such agency head shall sub-
51

•HR 2124 IH

1 mit the recommended legislation referred to under sub2 section (a).

3 TITLE IV—MISCELLANEOUS

4 SEC. 401. EFFECTIVE DATE.

5 (a) IN GENERAL.—This Act shall take effect 120

6 days after the date of the enactment of this Act, except

7 that—

8 (1) section 307 shall take effect on such date

9 of enactment; and

10 (2) at any time after the date of the enactment

11 of this Act—

12 (A) the officers provided for in title II of

13 this Act may be nominated and appointed, as

14 provided in such titles; and

15 (B) the Secretary of Commerce, the United

16 States Trade Representative, and the head of

17 each Federal agency to which functions are

18 transferred by this Act may promulgate regula19 tions under section 305(b)(2).

20 (b) INTERIM COMPENSATION AND EXPENSES.—

21 Funds available to the Department of Commerce or the

22 Office of the United States Trade Representative (or any

23 official or component thereof), with respect to the func24 tions transferred by this Act, may be used, with approval

25 of the Director of the Office of Management and Budget,
52

•HR 2124 IH

1 to pay the compensation and expenses of an officer ap2 pointed under subsection (a)(2)(A) who will carry out such

3 functions until funds for that purpose are otherwise avail4 able.

5 SEC. 402. INTERIM APPOINTMENTS.

6 (a) IN GENERAL.—If one or more officers required

7 by this Act to be appointed by and with the advice and

8 consent of the Senate have not entered upon office on the

9 effective date of this Act and notwithstanding any other

10 provision of law, the President may designate any officer

11 who was appointed by and with the advice and consent

12 of the Senate, and who was such an officer on the day

13 before the effective date of this Act, to act in the office

14 until it is filled as provided by this Act.

15 (b) COMPENSATION.—Any officer acting in an office

16 pursuant to subsection (a) shall receive compensation at

17 the rate prescribed by this Act for such office.

18 SEC. 403. FUNDING REDUCTIONS RESULTING FROM REOR19 GANIZATION.

20 (a) FUNDING REDUCTIONS.—Beginning in the first

21 fiscal year that begins on or after the effective date of

22 this Act, the amount expended by the United States in

23 performing all functions which, immediately before the ef24 fective date of this Act, were performed by the Depart25 ment of Commerce or any agency, officer, or employee
53

•HR 2124 IH

1 thereof may not exceed 75 percent of the total amount

2 expended by the United States in performing all such

3 functions during fiscal year 1995.

4 (b) IMPLEMENTATION PLAN.—(1) Not later than 90

5 days after the date of the enactment of this Act, the Direc6 tor of the Office of Management and Budget shall submit

7 a report to the Congress on a plan that—

8 (A) provides for the implementation of the

9 funding reductions required under subsection (a);

10 and

11 (B) makes legislative recommendations for ad12 ditional authority necessary or useful in implement13 ing such funding reductions.

14 (2) In preparing the report, the Office of Manage15 ment and Budget shall consult with the USTR.

16 SEC. 404. AUTHORIZATION OF APPROPRIATIONS.

17 There are authorized to be appropriated such sums

18 as may be necessary to carry out the provisions of this

19 Act. Amounts appropriated under this section shall be

20 available until expended.

Æ

HR 2124 IH——2

HR 2124 IH——3

HR 2124 IH——4