I

104TH CONGRESS

1ST SESSION H. R. 2325

To establish a Department of Trade.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 13, 1995

Mr. ROTH (for himself, Mr. BEREUTER, Mrs. JOHNSON of Connecticut, Mr.

HOUGHTON, and Mr. MANZULLO) introduced the following bill; which was

referred to the Committee on Government Reform and Oversight, and in

addition to the Committees on National Security, International Relations,

Banking and Financial Services, and Ways and Means, 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 establish a Department of Trade.

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 ‘‘Department of Trade

5 Establishment Act’’.
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1 SEC. 2. TABLE OF CONTENTS.

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

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—GENERAL PROVISIONS

Sec. 101. Definitions.

TITLE II—DEPARTMENT OF TRADE

Subtitle A—Establishment

Sec. 201. Establishment of Department.

Sec. 202. Functions of the Secretary.

Sec. 203. Bureau of Export Promotion.

Sec. 204. Bureau of Trade Policy.

Sec. 205. Bureau of Trade Administration.

Sec. 206. Deputy Secretary.

Sec. 207. Under Secretaries.

Sec. 208. Assistant Secretaries.

Sec. 209. General Counsel.

Sec. 210. Inspector General.

Subtitle B—Transfers to the Department

Sec. 221. Transfers from the Department of Commerce.

Sec. 222. Export-Import Bank.

Sec. 223. Overseas Private Investment Corporation.

Sec. 224. Trade and Development Agency.

Sec. 225. Consolidation of export promotion activities.

Subtitle C—Administrative Provisions

Sec. 231. Personnel provisions.

Sec. 232. Delegation and assignment.

Sec. 233. Succession.

Sec. 234. Reorganization.

Sec. 235. Rules.

Sec. 236. Working capital fund.

Sec. 237. Funds transfer.

Sec. 238. Contracts, grants, and cooperative agreements.

Sec. 239. Publications.

Sec. 240. Use of facilities.

Sec. 241. Field offices.

Sec. 242. Gifts and bequests.

Sec. 243. Seal of Department.

Sec. 244. Annual report.

Subtitle D—Related Agencies

Sec. 251. Interagency Trade Organization.

Sec. 252. National Security Council.

Sec. 253. International Monetary Fund.

Subtitle E—Conforming Provisions
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Sec. 261. Amendments to other laws.

TITLE III—TRANSITIONAL, SAVINGS, AND CONFORMING

PROVISIONS

Sec. 301. Transfer and allocations of appropriations and personnel.

Sec. 302. Incidental transfers.

Sec. 303. Effect on personnel.

Sec. 304. Savings provisions.

Sec. 305. Separability.

Sec. 306. Reference.

Sec. 307. Transition.

Sec. 308. 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.

Sec. 405. Limitation on annual expenditures for continued functions.

1 TITLE I—GENERAL PROVISIONS

2 SEC. 101. DEFINITIONS.

3 As used in this Act, unless otherwise provided or indi4 cated by the context—

5 (1) the term ‘‘Department’’ means the Depart6 ment of Trade;

7 (2) the term ‘‘Secretary’’ means the Secretary

8 of Trade;

9 (3) the term ‘‘function’’ means any duty, obli10 gation, power, authority, responsibility, right, privi11 lege, activity, or program;

12 (4) the term ‘‘administrative and support func13 tions’’ means legal functions, investigative functions,

14 budget preparation and analysis functions, adminis15 trative functions, public information functions, and

16 congressional relations functions carried out by a
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1 Federal agency, and such other support services as

2 may be determined by the head of such agency;

3 (5) the term ‘‘executive department’’ has the

4 meaning given to the term ‘‘Executive department’’

5 by section 101 of title 5, United States Code;

6 (6) the term ‘‘Federal agency’’ has the meaning

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

8 such title; and

9 (7) the term ‘‘office’’ includes any office, ad10 ministration, agency, institute, unit, organizational

11 entity, or component thereof.

12 TITLE II—DEPARTMENT OF

13 TRADE

14 Subtitle A—Establishment

15 SEC. 201. ESTABLISHMENT OF DEPARTMENT.

16 There is established an executive department to be

17 known as the Department of Trade. The Department shall

18 be administered by a Secretary of Trade, who shall be ap19 pointed by the President, by and with the advice and con20 sent of the Senate.

21 SEC. 202. FUNCTIONS OF THE SECRETARY.

22 (a) FUNCTIONS.—In addition to the functions trans23 ferred to the Secretary by this Act, such other functions

24 as the President may assign or delegate to the Secretary,

25 and such other functions as the Secretary may, after the
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1 effective date of this Act, be required to carry out by law,

2 the Secretary shall—

3 (1) serve as the principal advisor to the Presi4 dent on international trade policy and advise the

5 President on the impact of other policies of the

6 United States Government on international trade;

7 (2) exercise primary responsibility, with the ad8 vice of the interagency organization established

9 under section 242 of the Trade Expansion Act of

10 1962, for developing and implementing international

11 trade policy, including commodity matters and, to

12 the extent related to international trade policy, di13 rect investment matters and, in exercising such re14 sponsibility, advance and implement the goals of the

15 United States to—

16 (A) strengthen the ability of the United

17 States to compete in international markets, and

18 (B) expand United States exports through

19 aggressive promotion and marketing of United

20 States products and services as the primary

21 mandate of the Department;

22 (3) exercise lead responsibility for the establish23 ment of a national export strategy, including policies

24 designed to implement such strategy;
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1 (4) act as the principal spokesperson of the

2 President on international trade;

3 (5) advise the President and Congress with re4 spect to nontariff barriers to international trade,

5 international commodity agreements, and other mat6 ters which are related to the trade agreements pro7 grams;

8 (6) with the advice of the interagency organiza9 tion established under section 242 of the Trade Ex10 pansion Act of 1962, issue policy guidance to other

11 Federal agencies on international trade, commodity,

12 and direct investment functions, including any mat13 ter considered under the auspices of the World

14 Trade Organization, to the extent necessary to as15 sure the coordination of international trade policy;

16 (7) analyze economic trends and developments

17 in order to understand and foster the conditions that

18 enhance productivity, growth, and competitiveness;

19 (8) report directly to the President and the

20 Congress—

21 (A) on the administration of, and matters

22 pertaining to, the trade agreements program

23 under Omnibus Trade and Competitiveness Act

24 of 1988, the Trade Act of 1974, the Trade Ex25 pansion Act of 1962, section 350 of the Tariff
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1 Act of 1930, and any other provision of law en2 acted after this Act; and

3 (B) with respect to other important issues

4 pertaining to international trade; and

5 (9) serve as the principal advisor to the Presi6 dent on government policies designed to contribute

7 to enhancing the ability of United States industry

8 and services to compete in international markets.

9 (b) UNFAIR TRADE PRACTICES.—(1) In carrying out

10 functions with respect to unfair trade practices, the Sec11 retary shall—

12 (A) coordinate the application of interagency re13 sources to specific unfair trade practice cases;

14 (B) identify, and refer to the appropriate Fed15 eral department or agency for consideration with re16 spect to action, each act, policy, or practice referred

17 to in the report required under section 181(b) of the

18 Trade Act of 1974, or otherwise known to the

19 United States Trade Representative on the basis of

20 other available information, that may be an unfair

21 trade practice that either—

22 (i) is considered to be inconsistent with the

23 provisions of any trade agreement and has a

24 significant adverse impact on United States

25 commerce, or
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1 (ii) has a significant adverse impact on do2 mestic firms or industries that are either too

3 small or financially weak to initiate proceedings

4 under the trade laws;

5 (C) identify practices having a significant ad6 verse impact on United States commerce that the at7 tainment of United States negotiating objectives

8 would eliminate; and

9 (D) identify, on a biennial basis, those United

10 States Government policies and practices that, if en11 gaged in by a foreign government, might constitute

12 unfair trade practices under United States law.

13 (2) For purposes of carrying out paragraph (1), the

14 Secretary shall be assisted by an interagency unfair trade

15 practices advisory committee composed of the Secretary,

16 who shall chair the committee, and senior representatives

17 of the following agencies, appointed by the respective

18 heads of those agencies:

19 (A) The Bureau of Economics and Business Af20 fairs of the Department of State.

21 (B) The United States and Foreign Commercial

22 Service of the Department of Trade.

23 (C) The Foreign Agricultural Service of the De24 partment of Agriculture.
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1 The Secretary may also request the advice of the United

2 States International Trade Commission regarding the car3 rying out of paragraph (1).

4 (3) For purposes of this subsection, the term ‘‘unfair

5 trade practice’’ means any act, policy, or practice that—

6 (A) may be a subsidy with respect to which

7 countervailing duties may be imposed under subtitle

8 A of title VII of the Tariff Act of 1930;

9 (B) may result in the sale or likely sale of for10 eign merchandise with respect to which antidumping

11 duties may be imposed under subtitle B of title VII

12 of the Tariff Act of 1930;

13 (C) may be either an unfair method of competi14 tion, or an unfair act in the importation of articles

15 into the United States, that is unlawful under sec16 tion 337 of the Tariff Act of 1930; or

17 (D) may be an act, policy, or practice of a kind

18 with respect to which action may be taken under

19 title III of the Trade Act of 1974.

20 (c) INTERAGENCY ORGANIZATION.—The Secretary

21 shall be the Chairperson of the interagency organization

22 established under section 242 of the Trade Expansion Act

23 of 1962.
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1 (d) NATIONAL SECURITY COUNCIL.—The Secretary

2 shall be a member of the National Security Council and

3 the National Economic Council.

4 (e) ADVISORY COUNCIL.—The Secretary shall be

5 Deputy Chairman of the National Advisory Council on

6 International Monetary and Financial Policies established

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

8 (f) AGRICULTURE.—The Secretary shall consult with

9 the Secretary of Agriculture or the designee of the Sec10 retary of Agriculture on all matters which potentially in11 volve international trade in agricultural products.

12 (g) TPCC.—The Secretary shall be Chairperson of

13 the Trade Promotion Coordinating Committee.

14 SEC. 203. BUREAU OF EXPORT PROMOTION.

15 (a) ESTABLISHMENT.—There is established within

16 the Department, the Bureau of Export Promotion. The

17 Bureau of Export Promotion shall be administered by the

18 Under Secretary for Export Promotion who shall be ap19 pointed by the President, by and with the advice and con20 sent of the Senate. The Secretary, through the Under Sec21 retary for Export Promotion, shall perform all functions

22 (other than administrative and support functions) trans23 ferred to the Secretary under sections 221(3)(A), 222,

24 223, and 224. The Bureau of Export Promotion shall be
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1 the agency of the Government primarily responsible for

2 the promotion of exports.

3 (b) AGENCIES WITHIN BUREAU.—The United States

4 and Foreign Commercial Service is established in the Bu5 reau of Export Promotion. The Commercial Service shall

6 be administered by an Assistant Secretary, who shall serve

7 as Director General of the United States and Foreign

8 Service, and who shall be appointed by the President, by

9 and with the advice and consent of the Senate. The Com10 mercial Service shall perform the functions of the United

11 States and Foreign Commercial Service transferred under

12 section 221(3)(A).

13 SEC. 204. BUREAU OF TRADE POLICY.

14 There is established within the Department the Bu15 reau of Trade Policy. The Bureau of Trade Policy shall

16 be administered by the Under Secretary for Trade Policy

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

18 advice and consent of the Senate. The Secretary, through

19 the Under Secretary for Trade Policy, shall perform all

20 functions (other than administrative and support func21 tions) transferred to the Secretary under section

22 221(3)(B). The Under Secretary for Trade Policy shall

23 advise the Secretary on international trade and economic

24 policy and provide assistance to the United States Trade
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1 Representative in multilateral and bilateral trade negotia2 tions.

3 SEC. 205. BUREAU OF TRADE ADMINISTRATION.

4 (a) ESTABLISHMENT.—There is established within

5 the Department the Bureau of Trade Administration. The

6 Bureau of Trade Administration shall be administered by

7 the Under Secretary for Trade Administration who shall

8 be appointed by the President, by and with the advice and

9 consent of the Senate. The Secretary, through the Under

10 Secretary of the Bureau of Trade Administration, shall

11 perform all functions (other than administrative and sup12 port functions) transferred to the Secretary under section

13 221(3)(C). The Bureau of Trade Administration shall be

14 responsible for overseeing and enforcing all trade laws and

15 agreements of which the United States is a party.

16 (b) AGENCIES WITHIN BUREAU.—(1) There is estab17 lished within the Bureau of Trade Administration the—

18 (A) Export Administration; and

19 (B) Import Administration.

20 (2) Each administration established under paragraph

21 (1) (A) and (B) shall be administered by an Assistant Sec22 retary who shall be appointed by the President, by and

23 with the consent of the Senate.
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1 SEC. 206. DEPUTY SECRETARY.

2 (a) APPOINTMENT.—There shall be in the Depart3 ment a Deputy Secretary of Trade, who shall be appointed

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

5 the Senate.

6 (b) FUNCTIONS.—The Deputy Secretary shall act for

7 and exercise the functions of the Secretary during the ab8 sence or disability of the Secretary or in the event the of9 fice of Secretary becomes vacant. The Deputy Secretary

10 shall act for and exercise the functions of the Secretary

11 until the absence or disability of the Secretary no longer

12 exists or a successor to the Secretary has been appointed

13 by the President and confirmed by the Senate.

14 SEC. 207. UNDER SECRETARIES.

15 (a) APPOINTMENT.—There shall be in the Depart16 ment three Under Secretaries of Trade, who shall be ap17 pointed by the President, by and with the advice and con18 sent of the Senate.

19 (b) FUNCTIONS.—Each Under Secretary of Trade

20 shall perform such functions as the Secretary may pre21 scribe.

22 SEC. 208. ASSISTANT SECRETARIES.

23 (a) APPOINTMENT.—There shall be in the Depart24 ment 6 Assistant Secretaries of Trade, who shall be ap25 pointed by the President, by and with the advice and con26 sent of the Senate.
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1 (b) FUNCTIONS.—Each Assistant Secretary of Trade

2 shall perform such functions as the Secretary may pre3 scribe.

4 SEC. 209. GENERAL COUNSEL.

5 There shall be in the Department a General Counsel,

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

7 advice and consent of the Senate. The General Counsel

8 shall provide legal assistance to the Secretary concerning

9 the activities, programs, and policies of the Department.

10 SEC. 210. INSPECTOR GENERAL.

11 There shall be in the Department an Inspector Gen12 eral who shall be appointed in accordance with the Inspec13 tor General Act of 1978, as amended by section 471(b)

14 of this Act.

15 Subtitle B—Transfers to the

16 Department

17 SEC. 221. TRANSFERS FROM THE DEPARTMENT OF COM18 MERCE.

19 There are transferred to the Secretary—

20 (1) trade-related functions of the Secretary of

21 Commerce;

22 (2) trade-related functions of the Department

23 of Commerce;
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1 (3) 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, the Director General of

6 the United States and Foreign Commercial

7 Service, the Under Secretary of Commerce for

8 Travel and Tourism, and the Assistant Sec9 retary of Commerce for Tourism Marketing;

10 (B) the Assistant Secretary of Commerce

11 for International Economic Policy, and the As12 sistant Secretary of Commerce for Trade Devel13 opment; and

14 (C) the Under Secretary for Export Ad15 ministration and the Assistant Secretary for

16 Import Administration; and

17 (4) those functions of the United States Trade

18 Representative performed under sections 181 and

19 182 and title III of the Trade Act of 1974.

20 SEC. 222. EXPORT-IMPORT BANK.

21 (a) BOARD OF DIRECTORS.—Section 3(c)(1) of the

22 Export-Import Bank Act of 1945 (12 U.S.C. 635a(c)(1))

23 is amended to read as follows:

24 ‘‘(c)(1) There shall be a Board of Directors of the

25 Bank consisting of the Secretary of Trade (who shall serve
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1 as Chairman), the President of the Export-Import Bank

2 of the United States (who shall serve as Vice Chairman),

3 the first Vice President, and 2 additional persons ap4 pointed by the President of the United States, by and with

5 the advice and consent of the Senate.’’.

6 (b) ASSISTANCE OF UNITED STATES AND FOREIGN

7 COMMERCIAL SERVICE.—Section 2301(h) of the Omnibus

8 Trade and Competitiveness Act of 1988 (15 U.S.C.

9 4721(h)) is amended to read as follows:

10 ‘‘(h) ASSISTANCE TO EXPORT-IMPORT BANK.—The

11 Commercial Service shall provide, at its district offices in

12 the United States, such services as the Under Secretary

13 of Trade for Export Promotion determines necessary to

14 assist the Export-Import Bank of the United States in

15 carrying out the lending, loan guarantee, insurance, and

16 other activities of the Bank.’’.

17 SEC. 223. OVERSEAS PRIVATE INVESTMENT CORPORATION.

18 (a) POLICY GUIDANCE.—Section 231 of the Foreign

19 Assistance Act of 1961 (22 U.S.C. 2191) is amended in

20 the first paragraph—

21 (1) by striking ‘‘To mobilize’’ and inserting ‘‘To

22 increase exports to, and to mobilize’’;

23 (2) by striking ‘‘of less developed’’ and insert24 ing ‘‘of, less developed’’;
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1 (3) by inserting ‘‘trade policy and’’ after ‘‘com2 plementing the’’; and

3 (4) by inserting ‘‘and the Secretary of Trade’’

4 after ‘‘Secretary of State’’.

5 (b) BOARD OF DIRECTORS.—The second and third

6 sentences of section 233(b) of the Foreign Assistance Act

7 of 1961 (22 U.S.C. 2193(b)) are amended to read as fol8 lows: ‘‘The Secretary of Trade shall be the Chairman of

9 the Board. The Administrator of the Agency for Inter10 national Development (who shall serve as Vice Chairman)

11 and the United States Trade Representative shall serve

12 on the Board.’’.

13 SEC. 224. TRADE AND DEVELOPMENT AGENCY.

14 There are transferred to the Secretary all functions

15 of the Director of the Trade and Development Agency.

16 There are transferred to the Department all functions of

17 the Trade and Development Agency.

18 SEC. 225. CONSOLIDATION OF EXPORT PROMOTION ACTIVI19 TIES.

20 (a) SUBMISSION OF PLAN.—Within 180 days after

21 the date of the enactment of this Act, the President shall

22 transmit to the Congress a comprehensive plan to consoli23 date Federal nonagricultural export promotion activities

24 and to transfer those functions to the Department. The

25 plan shall provide for—
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1 (1) the elimination of the overlap and duplica2 tion among all Federal nonagricultural export pro3 motion activities;

4 (2) a unified budget for Federal nonagricultural

5 export promotion activities which eliminates funding

6 for the areas of overlap and duplication identified

7 under paragraph (1); and

8 (3) a long-term agenda for developing coopera9 tion between State and Federal programs and activi10 ties designed to stimulate or assist United States

11 businesses in exporting nonagricultural goods or

12 services that are products of the United States, in13 cluding sharing of facilities, costs, and cost-sharing

14 between Federal and State export market research

15 data.

16 (b) PLAN ELEMENTS.—The plan under subsection

17 (a) shall—

18 (1) place all Federal nonagricultural export pro19 motion activities within the Department;

20 (2) provide clear authority for the Secretary of

21 Trade to use the expertise and assistance of other

22 United States Government agencies;

23 (3) achieve an overall 25 percent reduction in

24 the amount of funding for all Federal non-
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1 agricultural export promotion activities within 2

2 years after the enactment of this Act;

3 (4) provide for the transfer to the Department

4 of Trade of any statistical or analytical functions of

5 the Department of Commerce or any other Federal

6 department or agency that are necessary for the De7 partment of Trade to carry out its functions; and

8 (5) include any functions of the Department of

9 Commerce not transferred by this Act the transfer

10 of which to the Department of Trade would be nec11 essary to the competitiveness of the United States in

12 international trade.

13 (c) DEFINITION.—As used in this section, the term

14 ‘‘Federal nonagricultural export promotion activities’’—

15 (1) means all programs or activities of any de16 partment or agency of the Federal Government (in17 cluding, but not limited to, departments and agen18 cies with representatives on the Trade Promotion

19 Coordinating Committee established under section

20 2312 of the Export Enhancement Act of 1988 (15

21 U.S.C. 4727)) that are designed to stimulate or as22 sist United States businesses in exporting non23 agricultural goods or services that are products of

24 the United States, including trade missions; and
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1 (2) does not include programs or activities of

2 the Export-Import Bank of the United States and

3 the Overseas Private Investment Corporation.

4 Subtitle C—Administrative

5 Provisions

6 SEC. 231. PERSONNEL PROVISIONS.

7 (a) APPOINTMENT.—The Secretary may appoint and

8 fix the compensation of such officers and employees, in9 cluding investigators, attorneys, and administrative law

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

11 of the Secretary and the Department. Except as otherwise

12 provided by law, such officers and employees shall be ap13 pointed in accordance with the civil service laws and their

14 compensation fixed in accordance with title 5, United

15 States Code.

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

17 of the Secretary, the Director of the Office of Personnel

18 Management shall, under section 5108 of title 5, United

19 States Code, provide for the establishment in a grade level

20 above GS–15 of the General Service, and in the Senior

21 Executive Service, of a number of positions in the Depart22 ment equal to the number of positions in that grade level

23 which were used primarily for the performance of func24 tions and offices transferred by this Act and which were
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1 assigned and filled on the day before the effective date

2 of this Act.

3 (2) Appointments to positions provided for under this

4 subsection may be made without regard to the provisions

5 of section 3324 of title 5, United States Code, if the indi6 vidual appointed in such position is an individual who is

7 transferred in connection with the transfer of functions

8 and offices under this Act and, on the day before the effec9 tive date of this Act, holds a position and has duties com10 parable to those of the position to which appointed under

11 this subsection.

12 (3) The authority under this subsection with respect

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

14 shall terminate when the person first appointed to fill such

15 position ceases to hold such position.

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

17 Service Reform Act of 1978, an individual appointed

18 under this subsection shall be deemed to occupy the same

19 position as the individual occupied on the day before the

20 effective date of this Act.

21 (c) EXPERTS AND CONSULTANTS.—The Secretary

22 may obtain the services of experts and consultants in ac23 cordance with section 3109 of title 5, United States Code,

24 and compensate such experts and consultants for each day

25 (including traveltime) at rates not in excess of the maxi-
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1 mum rate of pay for a position at a grade level above GS–

2 15 of the General Schedule under section 5332 of such

3 title. The Secretary may pay experts and consultants who

4 are serving away from their homes or regular place of

5 business travel expenses and per diem in lieu of subsist6 ence at rates authorized by sections 5702 and 5703 of

7 such title for persons in Government service employed

8 intermittently.

9 (d) VOLUNTARY SERVICES.—(1)(A) The Secretary is

10 authorized to accept voluntary and uncompensated serv11 ices without regard to the provisions of section 1342 of

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

13 used to displace Federal employees employed on a full14 time, part-time, or seasonal basis.

15 (B) The Secretary is authorized to accept volunteer

16 service in accordance with the provisions of section 3111

17 of title 5, United States Code.

18 (2) The Secretary is authorized to provide for inci19 dental expenses, including but not limited to transpor20 tation, lodging, and subsistence for individuals who pro21 vide voluntary services under subparagraph (A) or (B) of

22 paragraph (1).

23 (3) An individual who provides voluntary services

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

25 employee for any purpose other than for purposes of chap-
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1 ter 81 of title 5, United States Code, relating to com2 pensation for work injuries, and chapter 171 of title 28,

3 United States Code, relating to tort claims.

4 (e) FOREIGN SERVICE POSITIONS.—In order to as5 sure United States representation in trade matters at a

6 level commensurate with the level of representation main7 tained by industrial nations which are major trade com8 petitors of the United States, the Secretary of State shall

9 classify certain positions at Foreign Service posts as com10 mercial minister positions and shall assign members of the

11 Foreign Service performing functions of the Department

12 of Trade, with the concurrence of the Secretary of Trade,

13 to such positions in nations which are major trade com14 petitors of the United States. The Secretary of State shall

15 obtain and use the recommendations of the Secretary of

16 Trade with respect to the number of positions to be so

17 classified under this subsection.

18 SEC. 232. DELEGATION AND ASSIGNMENT.

19 Except where otherwise expressly prohibited by law

20 or otherwise provided by this Act, the Secretary may dele21 gate any of the functions transferred to the Secretary by

22 this Act and any function transferred or granted to the

23 Secretary after the effective date of this Act to such offi24 cers and employees of the Department as the Secretary

25 may designate, and may authorize successive redelegations
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1 of such functions as may be necessary or appropriate. No

2 delegation of functions by the Secretary under this section

3 or under any other provision of this Act shall relieve the

4 Secretary of responsibility for the administration of such

5 functions.

6 SEC. 233. SUCCESSION.

7 (a) ORDER OF SUCCESSION.—Subject to the author8 ity of the President, and except as provided in section

9 206(b), the Secretary shall prescribe the order by which

10 officers of the Department who are appointed by the

11 President, by and with the advice and consent of the Sen12 ate, shall act for, and perform the functions of, the Sec13 retary or any other officer of the Department appointed

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

15 the Senate, during the absence or disability of the Sec16 retary or such other officer, or in the event of a vacancy

17 in the office of the Secretary or such other officer.

18 (b) CONTINUATION OF SERVICE OF ACTING OFFI19 CERS.—Notwithstanding any other provision of law, and

20 unless the President directs otherwise, an individual acting

21 for the Secretary or another officer of the Department

22 pursuant to subsection (a) shall continue to serve in that

23 capacity until the absence or disability of the Secretary

24 or such other officer no longer exists or a successor to
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1 the Secretary or such other officer has been appointed by

2 the President and confirmed by the Senate.

3 SEC. 234. REORGANIZATION.

4 (a) IN GENERAL.—Subject to subsection (b), the Sec5 retary is authorized to allocate or reallocate functions

6 among the officers of the Department, and to establish,

7 consolidate, alter, or discontinue such organizational

8 entities in the Department as may be necessary or

9 appropriate.

10 (b) PRIOR NOTIFICATION OF CONGRESSIONAL COM11 MITTEES.—Except as provided in subsection (c), the Sec12 retary may establish, consolidate, alter, or discontinue any

13 organizational entity in the Department or allocate or re14 allocate any function of an officer or employee of the De15 partment upon the expiration of a period of 60 days after

16 the receipt by the Committee on Finance and the Commit17 tee on Governmental Affairs of the Senate and the Speak18 er of the House of Representatives of notice by the Sec19 retary containing a full and complete statement of the ac20 tion proposed to be taken pursuant to this section and the

21 facts and circumstances relied upon in support of such

22 proposed action.

23 SEC. 235. RULES.

24 The Secretary is authorized to prescribe, in accord25 ance with the provisions of chapters 5 and 6 of title 5,
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1 United States Code, such rules and regulations as the Sec2 retary determines necessary or appropriate to administer

3 and manage the functions of the Secretary or the Depart4 ment.

5 SEC. 236. WORKING CAPITAL FUND.

6 (a) ESTABLISHMENT AND PURPOSE.—The Secretary

7 is authorized to establish for the Department a working

8 capital fund, to be available without fiscal year limitation,

9 for expenses necessary for the maintenance and operation

10 of such common administrative services as the Secretary

11 shall find to be desirable in the interest of economy and

12 efficiency, including—

13 (1) a central supply service for stationery and

14 other supplies and equipment for which adequate

15 stocks may be maintained to meet in whole or in

16 part the requirements of the Department and its

17 components;

18 (2) central messenger, mail, and telephone serv19 ice and other communications services;

20 (3) office space, central services for document

21 reproduction and for graphics and visual aids;

22 (4) a central library service; and

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

24 the Director of the Office of Management and

25 Budget.
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1 (b) OPERATION OF THE FUND.—The capital of the

2 fund shall consist of any appropriations made for the pur3 pose of providing working capital and the fair and reason4 able value of such stocks of supplies, equipment, and other

5 assets and inventories on order as the Secretary may

6 transfer to the fund, less the related liabilities and unpaid

7 obligations. The fund shall be reimbursed in advance from

8 available funds of agencies and offices in the Department,

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

10 which will approximate the expense of operation, including

11 the accrual of annual leave and the depreciation of equip12 ment. The fund shall also be credited with receipts from

13 sale or exchange of property and receipts in payment for

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

15 be covered into the United States Treasury as miscellane16 ous receipts any surplus of the fund (all assets, liabilities,

17 and prior losses considered) above the amounts trans18 ferred or appropriated to establish and maintain the fund.

19 There shall be transferred to the fund the stocks of sup20 plies, equipment, other assets, liabilities, and unpaid obli21 gations relating to those services which the Secretary de22 termines will be performed.

23 SEC. 237. FUNDS TRANSFER.

24 The Secretary may, when authorized in an appropria25 tion Act in any fiscal year, transfer funds from one appro-
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1 priation to another within the Department, except that no

2 appropriation for any fiscal year shall be either increased

3 or decreased by more than 10 per centum and no such

4 transfer shall result in increasing any such appropriation

5 above the amount authorized to be appropriated therefor.

6 SEC. 238. CONTRACTS, GRANTS, AND COOPERATIVE AGREE7 MENTS.

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

9 Federal Property and Administrative Services Act of

10 1949, the Secretary may make, enter into, and perform

11 such contracts, leases, cooperative agreements, grants, or

12 other similar transactions with public agencies, private or13 ganizations, and persons, and make payments (in lump

14 sum or installments, and by way of advance or reimburse15 ment, and, in the case of any grant, with necessary adjust16 ments on account of overpayments and underpayments)

17 as the Secretary considers necessary or appropriate to

18 carry out the functions of the Secretary or the Depart19 ment.

20 (b) SUBJECT TO APPROPRIATIONS.—Notwithstand21 ing any other provision of this Act, the authority to enter

22 into contracts or to make payments under this subtitle

23 shall be effective only to such extent or in such amounts

24 as are provided in advance in appropriation Acts. This
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1 subsection does not apply with respect to the authority

2 granted under section 242.

3 SEC. 239. PUBLICATIONS.

4 Subject to such procedures of the Director of the Of5 fice of Management and Budget may prescribe, the Sec6 retary may disseminate in the form of reports or publica7 tions such information as the Secretary considers appro8 priate.

9 SEC. 240. USE OF FACILITIES.

10 (a) USE BY SECRETARY.—With their consent, the

11 Secretary, with or without reimbursement, may use the

12 research, services, equipment, and facilities of—

13 (1) an individual,

14 (2) any public or private nonprofit agency or

15 organization, including any agency or instrumental16 ity of the United States or of any State, the District

17 of Columbia, the Commonwealth of Puerto Rico, or

18 any territory or possession of the United States,

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

20 District of Columbia, the Commonwealth of Puerto

21 Rico, or any territory or possession of the United

22 States, or

23 (4) any foreign government,

24 in carrying out any function of the Secretary or the De25 partment.
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1 (b) USE OF DEPARTMENT FACILITIES BY OTHER

2 ENTITIES.—The Secretary, under terms, at rates, and for

3 periods that the Secretary considers to be in the public

4 interest, may permit the use by public and private agen5 cies, corporations, associations or other organizations, or

6 by individuals, of any real property, or any facility, struc7 ture or other improvement thereon, under the custody of

8 the Secretary. The Secretary may require permittees

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

10 expense, the real property, facilities, structures, and im11 provements used by such permittees.

12 SEC. 241. FIELD OFFICES.

13 (a) IN GENERAL.—Subject to subsection (b), the Sec14 retary may establish, alter, consolidate, maintain, or dis15 continue State, regional, district, local, or other field of16 fices as the Secretary finds necessary or appropriate to

17 perform any function of the Secretary or the Department.

18 (b) PRIOR NOTIFICATION OF CONGRESSIONAL COM19 MITTEES.—The Secretary may establish, alter, consoli20 date, maintain, or discontinue State, regional, district,

21 local, or other field offices under subsection (a) upon the

22 expiration of a period of 60 days after the receipt by the

23 Committee on Finance and the Committee on Govern24 mental Affairs of the Senate and the Speaker of the House

25 of Representatives of notice by the Secretary containing
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1 a full and complete statement of the action proposed to

2 be taken pursuant to this section and the facts and cir3 cumstances relied upon in support of such proposed ac4 tion.

5 SEC. 242. GIFTS AND BEQUESTS.

6 (a) IN GENERAL.—The Secretary is authorized to ac7 cept, hold, administer, and utilize gifts and bequests of

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

9 or facilitating the work of the Department. Gifts and be10 quests of money and the proceeds from sales of other prop11 erty received as gifts or bequests shall be deposited in the

12 United States Treasury in a separate fund and shall be

13 disbursed on order of the Secretary. Property accepted

14 pursuant to this subsection, and the proceeds thereof,

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

16 terms of the gift or bequest.

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

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

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

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

21 (c) INVESTMENT.—Upon the request of the Sec22 retary, the Secretary of the Treasury may invest and rein23 vest in securities of the United States or in securities

24 guaranteed as to principal and interest by the United

25 States any moneys contained in the fund provided for in
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1 subsection (a). Income accruing from such securities, and

2 from any other property held by the Secretary pursuant

3 to subsection (a), shall be deposited to the credit of the

4 fund, and shall be disbursed upon order of the Secretary.

5 SEC. 243. SEAL OF DEPARTMENT.

6 The Secretary shall cause a seal of office to be made

7 for the Department of such design as the Secretary shall

8 approve. Judicial notice shall be taken of such seal.

9 SEC. 244. ANNUAL REPORT.

10 The Secretary shall, as soon as practicable after the

11 end of each fiscal year, prepare and transmit a written

12 report to the President for transmission to the Congress

13 on the activities of the Department during such fiscal

14 year.

15 Subtitle D—Related Agencies

16 SEC. 251. INTERAGENCY TRADE ORGANIZATION.

17 Section 242(a) of the Trade Expansion Act of 1962

18 (19 U.S.C. 1872(a)) is amended—

19 (1) in paragraph (2)(B) by striking ‘‘Trade

20 Representative’’ and inserting ‘‘Secretary of Trade’’;

21 and

22 (2) by amending paragraph (3) to read as fol23 lows:

24 ‘‘(3)(A) The interagency organization estab25 lished under subsection (a) shall be composed of—
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1 ‘‘(i) the Secretary of Trade, who shall be

2 Chairperson,

3 ‘‘(ii) the Trade Representative,

4 ‘‘(iii) the Secretary of Agriculture,

5 ‘‘(iv) the Secretary of the Treasury,

6 ‘‘(v) the Secretary of Labor,

7 ‘‘(vi) the Secretary of State, and

8 ‘‘(vii) the representatives of such other de9 partments and agencies as the Secretary of

10 Trade shall designate.

11 ‘‘(B) The Secretary of Trade may invite rep12 resentatives from other agencies, as appropriate, to

13 attend particular meetings if subject matters of spe14 cific functional interest to such agencies are under

15 consideration. It shall meet at such times and with

16 respect to such matters as the President or the

17 Chairperson shall direct.’’.

18 SEC. 252. NATIONAL SECURITY COUNCIL.

19 The fourth paragraph of section 101(a) of the Na20 tional Security Act of 1947 (50 U.S.C. 402(a)) is

21 amended—

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

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

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

25 new clause:
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1 ‘‘(5) the Secretary of Trade;’’.

2 SEC. 253. INTERNATIONAL MONETARY FUND.

3 Section 3 of the Bretton Woods Agreement Act is

4 amended by adding at the end thereof the following new

5 subsection:

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

7 shall consult with the Secretary of Trade with respect to

8 matters under consideration by the Fund which relate to

9 trade.’’.

10 Subtitle E—Conforming Provisions

11 SEC. 261. AMENDMENTS TO OTHER LAWS.

12 (a) AMENDMENTS RELATING TO EXPORT PRO13 MOTION.—(1) Section 2312(d) of the Export Enhance14 ment Act of 1988 (15 U.S.C. 4727(d)) is amended—

15 (A) in paragraph (1)(A) by striking ‘‘Com16 merce’’ and inserting ‘‘Trade’’; and

17 (B) in paragraph (2) by striking ‘‘Commerce’’

18 and inserting ‘‘Trade’’.

19 (2) Section 2313 of the Export Enhancement Act of

20 1988 (15 U.S.C. 4728) is amended—

21 (A) in subsection (b)—

22 (i) in paragraph (1) by striking ‘‘Coordina23 tion’’ and inserting ‘‘Coordinating’’; and

24 (ii) in paragraph (3) by striking ‘‘Com25 merce’’ and inserting ‘‘Trade’’; and
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1 (B) in subsection (c) by striking ‘‘Commerce’’

2 and inserting ‘‘Trade’’.

3 (3) Section 2301 of the Export Enhancement Act of

4 1988 (15 U.S.C. 4721) is amended in subsections (b)(9)

5 and (f) by striking ‘‘Program’’ and inserting ‘‘Agency’’.

6 (b) OTHER AMENDMENTS.—The following provisions

7 of law are amended:

8 (1) Section 19(d)(1) of title 3, United States

9 Code, is amended by inserting ‘‘Secretary of Trade,’’

10 before ‘‘Secretary of Labor’’.

11 (2) Section 101 of title 5, United States Code,

12 is amended by adding at the end the following:

13 ‘‘The Department of Trade.’’.

14 (3) Section 5312 of such title 5 is amended by

15 adding at the end the following:

16 ‘‘Secretary of Trade.’’.

17 (4) Section 5313 of title 5, United States Code,

18 is amended by adding at the end the following:

19 ‘‘Deputy Secretary, Department of Trade.’’.

20 (5) Section 5314 of such title 5 is amended by

21 adding at the end the following:

22 ‘‘Under Secretaries of Trade (3).

23 ‘‘Deputy Secretary of Trade.’’.

24 (6) Section 5315 of such title 5 is amended by

25 adding at the end thereof the following:
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1 ‘‘Assistant Secretaries of Trade (6).

2 ‘‘General Counsel, Department of Trade.

3 ‘‘President of the Export-Import Bank of the

4 United States.

5 ‘‘President of the Overseas Private Investment

6 Corporation.’’.

7 (7) Section 5316 of such title 5 is amended by

8 adding at the end thereof the following:

9 ‘‘Inspector General, Department of Trade.’’.

10 (8) The Inspector General Act of 1978 is

11 amended—

12 (A) in subsection 9(a)(1)—

13 (i) by redesignating subparagraphs

14 (C) through (H) as subparagraphs (B)

15 through (G), respectively; and

16 (ii) by inserting before subparagraph

17 (I) the following:

18 ‘‘(H) of the Department of Trade, all functions

19 of the Inspector General of the Department of Com20 merce and the Office of the Inspector General of the

21 Department of Commerce relating to the functions

22 transferred to the Secretary of Trade by section 431

23 of the Department of Commerce Dismantling and

24 Department of Trade Establishment Act;’’; and
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1 (B) by inserting ‘‘Trade,’’ after ‘‘Interior,’’

2 each place it appears in section 11.

3 (9) Section 141 of the Trade Act of 1974 (19

4 U.S.C. 2171) is amended—

5 (A) in subsection (c)—

6 (i) in paragraph (1)—

7 (I) by striking subparagraphs

8 (A), (B), (D), (E), (F), (G), and (I)

9 and redesignating subparagraphs (C),

10 (H), and (J) as subparagraphs (A),

11 (B), and (C), respectively;

12 (II) in subparagraph (B), as so

13 redesignated, by striking ‘‘subpara14 graphs (C) and (F)’’ and inserting

15 ‘‘subparagraph (A)’’; and

16 (III) in subparagraph (C), as so

17 redesignated, by striking ‘‘in addi18 tion’’ and all that follows through

19 ‘‘1988,’’;

20 (ii) by redesignating paragraphs (2)

21 through (4) as paragraphs (3) through (5),

22 respectively; and

23 (iii) by inserting after paragraph (1)

24 the following:
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1 ‘‘(2) The United States Trade Representative shall

2 carry out the functions under paragraph (1) under the pol3 icy guidance of the Secretary of Trade.’’; and

4 (iv) in subparagraph (A) of paragraph

5 (3) (as so redesignated), by striking ‘‘the

6 senior representative on’’ and inserting ‘‘a

7 member of’’; and

8 (B) by striking subsection (d) and redesig9 nating subsections (e) through (g) as sub10 sections (d) through (f), respectively.

11 (10) The Foreign Service Act of 1980 is

12 amended by striking paragraph (3) of section 202(a)

13 (22 U.S.C. 3922(a)) and inserting the following:

14 ‘‘(3) The Secretary of Trade may use the For15 eign Service personnel system in accordance with

16 this title—

17 ‘‘(A) with respect to the personnel per18 forming functions—

19 ‘‘(i) which were transferred to the De20 partment of Commerce from the Depart21 ment of State by Reorganization Plan No.

22 3 of 1979; and

23 ‘‘(ii) which were subsequently trans24 ferred to the Secretary of Trade by section

25 221 of the Department of Commerce Dis-
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1 mantling and Department of Trade Estab2 lishment Act; and

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

4 Department of Trade to the extent the Presi5 dent determines to be necessary in order to en6 able the Department of Trade to carry out

7 functions which require service abroad.’’.

8 (11)(A) Section 201 of the International Travel

9 Act of 1961 (22 U.S.C. 2122) is amended by strik10 ing ‘‘Commerce’’ and inserting ‘‘Trade’’.

11 (B) Section 202(a)(13) of such Act (22 U.S.C.

12 2123(a)(13)) is amended by striking ‘‘Commerce’’

13 and inserting ‘‘Trade’’.

14 (C) Section 301 of such Act (22 U.S.C. 2124)

15 is amended to read as follows:

16 ‘‘SEC. 301. All duties and responsibilities of the Sec17 retary under this Act shall be exercised directly by the

18 Secretary or by the Secretary through the Assistant Sec19 retary of Trade for the United States and Foreign Com20 mercial Service.’’.

21 (D) Section 302(b)(1) of such Act (22 U.S.C.

22 2124a(b)(1)) is amended—

23 (i) by striking ‘‘Commerce’’ in subpara24 graph (A) and inserting ‘‘Trade’’;
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1 (ii) by striking ‘‘Under Secretary’’ and in2 serting ‘‘Assistant Secretary of Trade’’ in sub3 paragraph (B); and

4 (iii) by striking subparagraph (D) and insert5 ing the following:

6 ‘‘(D) an individual designated by the Secretary

7 of Trade from the Department of Trade;’’.

8 (E) Section 303(f) of such Act (22 U.S.C.

9 2124b(f)) is amended by striking ‘‘and shall advise

10 the Assistant Secretary of Trade for the United

11 States and Foreign Commercial Service with respect

12 to the preparation of the marketing plan under sec13 tion 202(a)(15)’’.

14 TITLE III—TRANSITIONAL, SAV15 INGS, AND CONFORMING

16 PROVISIONS

17 SEC. 301. TRANSFER AND ALLOCATIONS OF APPROPRIA18 TIONS AND PERSONNEL.

19 Except as otherwise provided in this Act, the person20 nel employed in connection with, and the assets, liabilities,

21 contracts, property, records, and unexpended balances of

22 appropriations, authorizations, allocations, and other

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

24 to be made available in connection with the functions and

25 offices transferred by this Act, subject to section 1531 of
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1 title 31, United States Code, shall be transferred to the

2 head of the Federal agency to which such functions or of3 fices are transferred by this Act. Unexpended funds trans4 ferred pursuant to this section shall be used only for the

5 purposes for which the funds were originally authorized

6 and appropriated.

7 SEC. 302. INCIDENTAL TRANSFERS.

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

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

10 Director shall provide, is authorized to make such deter11 minations as may be necessary with regard to the func12 tions and offices transferred by this Act, and to make such

13 additional incidental dispositions of personnel, assets, li14 abilities, grants, contracts, property, records, and unex15 pended balances of appropriations, authorizations, alloca16 tions, and other funds held, used, arising from, available

17 to, or to be made available in connection with such func18 tions and offices, as may be necessary to carry out the

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

20 termination of the affairs of all entities terminated by this

21 Act and for such further measures and dispositions as may

22 be necessary to effectuate the purposes of this Act.

23 (b) TRANSFERS RELATING TO SES.—After consulta24 tion with the Director of the Office of Personnel Manage25 ment, the Director of the Office of Management and
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1 Budget is authorized, at such times as the Director of the

2 Office of Management and Budget may provide, to make

3 such determinations as may be necessary with regard to

4 the transfer of positions within the Senior Executive Serv5 ice in connection with the functions and offices transferred

6 by this Act.

7 SEC. 303. EFFECT ON PERSONNEL.

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

9 this Act, the transfer pursuant to this Act of full-time per10 sonnel (except special Government employees) and part11 time personnel holding permanent positions shall not

12 cause any such employee to be separated or reduced in

13 grade or compensation for 1 year after the date of transfer

14 of such employee under this Act.

15 (b) EXECUTIVE SCHEDULE POSITIONS.—Any person

16 who, on the day preceding the effective date of this Act,

17 held a position compensated in accordance with the Execu18 tive Schedule prescribed in chapter 53 of title 5, United

19 States Code, and who, without a break in service, is ap20 pointed in a Federal agency to which functions are trans21 ferred by this Act to a position having duties comparable

22 to the duties performed immediately preceding such ap23 pointment shall continue to be compensated in such new

24 position at not less than the rate provided for such pre-
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1 vious position, for the duration of the service of such per2 son in such new position.

3 (c) TERMINATIONS.—Except for members of the For4 eign Service, positions whose incumbents are appointed by

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

6 Senate, the functions of which are transferred by this Act,

7 shall terminate on the effective date of this Act.

8 SEC. 304. SAVINGS PROVISIONS.

9 (a) CONTINUATION OF EFFECT OF LEGAL DOCU10 MENTS.—All orders, determinations, rules, regulations,

11 permits, agreements, grants, contracts, certificates, li12 censes, registrations, privileges, and other administrative

13 actions—

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

15 allowed to become effective by the President, any

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

17 competent jurisdiction, in the performance of func18 tions which are transferred under this Act, and

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

20 takes effect, or were final before the effective date

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

22 the effective date of this Act,

23 shall continue in effect according to their terms until

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

25 accordance with law by the President, the head of the Fed-
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1 eral agency to which such functions are transferred under

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

3 jurisdiction, or by operation of law.

4 (b) PROCEEDINGS NOT AFFECTED.—(1) The provi5 sions of this Act shall not affect any proceedings, includ6 ing notices of proposed rule making, or any application

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

8 pending on the effective date of this Act before the De9 partment of Commerce or the Office of the United States

10 Trade Representative, or any office thereof with respect

11 to functions transferred by this Act; but such proceedings

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

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

14 such proceedings, appeals shall be taken therefrom, and

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

16 had not been enacted; and orders issued in any such pro17 ceedings shall continue in effect until modified, termi18 nated, superseded, or revoked by the head of the Federal

19 agency to which such functions are transferred by this

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

21 of law. Nothing in this subsection prohibits the discontinu22 ance or modification of any such proceeding under the

23 same terms and conditions and to the same extent that

24 such proceeding could have been discontinued or modified

25 if this Act had not been enacted.
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1 (2) The Secretary of Commerce, the United States

2 Trade Representative, and the head of each Federal agen3 cy to which functions are transferred by this Act are au4 thorized to issue regulations providing for the orderly

5 transfer of proceedings continued under paragraph (1).

6 (c) SUITS NOT AFFECTED.—Except as provided in

7 subsection (e)—

8 (1) the provisions of this Act do not affect ac9 tions commenced prior to the effective date of this

10 Act, and

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

12 appeals taken, and judgments rendered in the same

13 manner and effect as if this Act had not been en14 acted.

15 (d) NONABATEMENT OF ACTIONS.—No action or

16 other proceeding commenced by or against any officer in

17 his official capacity as an officer of the Department of

18 Commerce or the Office of United States Trade Rep19 resentative with respect to functions transferred by this

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

21 No cause of action by or against the Department of Com22 merce or the Office of United States Trade Representative

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

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

25 abate by reason of the enactment of this Act. Causes of
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1 action and actions with respect to a function or office

2 transferred by this Act, or other proceedings may be as3 serted by or against the United States or an official of

4 the Federal agency to which such function or office is

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

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

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

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

9 this subsection.

10 (e) OFFICERS AS PARTIES TO ACTIONS.—If, before

11 the date on which this Act takes effect, the Department

12 of Commerce or the Office of the United States Trade

13 Representative, or any officer thereof in his official capac14 ity, is a party to an action, and under this Act any func15 tion of such Department, Office, or officer is transferred

16 to a Federal agency, then such action shall be continued

17 with the head of such agency substituted or added as a

18 party.

19 (f) JUDICIAL REVIEW.—Orders and actions of the

20 head of a Federal agency in the exercise of functions

21 transferred to the head of such agency by this Act shall

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

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

24 by the Department of Commerce or the Office of the Unit25 ed States Trade Representative, or any office or officer
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1 thereof, in the exercise of such functions immediately pre2 ceding their transfer. Any statutory requirements relating

3 to notice, hearings, action upon the record, or administra4 tive review that apply to any function transferred by this

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

6 of the Federal agency to which such function is trans7 ferred by this Act.

8 SEC. 305. SEPARABILITY.

9 If a provision of this Act or its application to any

10 person or circumstance is held invalid, neither the remain11 der of this Act nor the application of the provision to other

12 persons or circumstances shall be affected.

13 SEC. 306. REFERENCE.

14 With respect to any functions transferred by this Act

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

16 in any other Federal law to—

17 (1) the Secretary of Commerce or the United

18 States Trade Representative; or

19 (2) the Department of Commerce or the Office

20 of the United States Trade Representative or any of21 ficer or office thereof,

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

23 agency to whom such functions were transferred by this

24 Act.
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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 were 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) TIMING OF SUBMISSIONS.—No later than 6

25 months after the effective date of this Act, each such agen-
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1 cy head shall submit the recommended legislation referred

2 to under subsection (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) sections 225 and 307 shall take effect on

9 such date of enactment; and

10 (2) at any time on or after the date of enact11 ment of this Act—

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

13 be nominated and appointed, as provided in

14 such title; 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 304(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,
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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 1 or more officers required by

7 this Act to be appointed by and with the advice and con8 sent 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. PERSONNEL AND FUNDING REDUCTIONS RESULT19 ING FROM REORGANIZATION.

20 No later than 180 days after the date of the enact21 ment of this Act, the Office of Management and Budget

22 shall conduct a study and submit a report to the President

23 and the Congress on personnel and funding reductions

24 which should be implemented consistent with the provi25 sions of this Act to reduce duplicative or unnecessary func-
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1 tions. In preparing the report, the Office of Management

2 and Budget shall consult with the Secretary of Trade and

3 the head of each Federal agency affected by the provisions

4 of this Act and develop a plan for the implementation of

5 such reductions beginning the first fiscal year after the

6 effective date of this Act.

7 SEC. 404. AUTHORIZATION OF APPROPRIATIONS.

8 Subject to section 405, there are authorized to be ap9 propriated such sums as may be necessary to carry out

10 the provisions of this Act. Amounts appropriated under

11 this section shall be available until expended.

12 SEC. 405. LIMITATION ON ANNUAL EXPENDITURES FOR

13 CONTINUED FUNCTIONS.

14 Beginning in the first fiscal year that begins on or

15 after the effective date of this Act, the amount expended

16 by the United States in performing all functions which,

17 immediately before the effective date of this Act, were per18 formed by a department or agency of the United States

19 and are transferred by this Act to the Secretary or the

20 Department may not exceed 75 percent of the total

21 amount expended by the United States in performing all

22 such functions during fiscal year 1995.

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