I

103D CONGRESS

1ST SESSION H. R. 2973

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

through the establishment of a Department of International Trade as

an executive department of the Government, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 6, 1993

Mr. MICA introduced the following bill; which was referred to the Committee

on Government Operations

A BILL

To enhance the competitiveness of the United States in the

global economy through the establishment of a Department of International Trade as an executive department

of the Government, and for other purposes.

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

3 TABLE OF CONTENTS

TITLE I—GENERAL PROVISIONS

Sec. 101. Findings.

Sec. 102. Definitions.
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TITLE II—DEPARTMENT OF INTERNATIONAL TRADE

PART A—ESTABLISHMENT

Sec. 201. Establishment of Department.

Sec. 202. Functions of the Secretary.

PART B—OFFICES AND BUREAUS

Sec. 211. Office of the Trade Representative.

Sec. 212. Bureau of Export Promotion.

Sec. 213. Bureau of Trade and Policy Analysis.

Sec. 214. Bureau of Trade Administration.

PART C—OFFICERS

Sec. 221. Deputy Secretary.

Sec. 222. Trade Representative.

Sec. 223. Under Secretaries.

Sec. 224. Assistant Secretaries.

Sec. 225. General Counsel.

Sec. 226. Inspector General.

Sec. 227. Representative to the General Agreement on Tariffs and Trade.

PART D—TRANSFERS TO THE DEPARTMENT

Sec. 231. Office of the United States Trade Representative.

Sec. 232. Transfers from the Department of Commerce.

Sec. 233. Transfer of the Export-Import Bank.

Sec. 234. Overseas Private Investment Corporation.

Sec. 235. Trade and Development Agency.

Sec. 236. Bureau of Private Enterprise.

PART E—ADMINISTRATIVE PROVISIONS

Sec. 241. Personnel provisions.

Sec. 242. Delegation and assignment.

Sec. 243. Succession.

Sec. 244. Reorganization.

Sec. 245. Rules.

Sec. 246. Working capital fund.

Sec. 247. Funds transfer.

Sec. 248. Contracts, grants, and cooperative agreements.

Sec. 249. Publications.

Sec. 250. Use of facilities.

Sec. 251. Field offices.

Sec. 252. Gifts and bequests.

Sec. 253. Seal of Department.

Sec. 254. Annual report.

Sec. 255. Professional Trade Service Corps.

Sec. 256. National Trade Data Bank.

PART F—RELATED AGENCIES

Sec. 261. Interagency trade organization.

Sec. 262. National Security Council.

Sec. 263. International Monetary Fund.
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PART G—CONFORMING PROVISIONS

Sec. 271. Amendments.

Sec. 272. Repeals.

TITLE III—ESTABLISHMENT OF TECHNOLOGY ADMINISTRATION

AS INDEPENDENT AGENCY

PART A—ESTABLISHMENT OF TECHNOLOGY ADMINISTRATION

Sec. 301. Short title.

Sec. 302. Findings.

Sec. 303. Definitions.

Sec. 304. Establishment.

Sec. 305. Functions of the Administrator.

Sec. 306. Conforming amendments.

PART B—ADMINISTRATIVE PROVISIONS

Sec. 321. Rules.

Sec. 322. Delegation.

Sec. 323. Personnel and services.

Sec. 324. Contracts.

Sec. 325. Use of facilities.

Sec. 326. Service charges.

Sec. 327. Acquisition and maintenance of property.

Sec. 328. Facilities at remote locations.

Sec. 329. Copyrights and patents.

Sec. 330. Gifts and bequests.

Sec. 331. Transfers of funds from other Federal agencies.

Sec. 332. Working capital fund.

Sec. 333. Seal of Administration.

Sec. 334. Annual report.

Sec. 335. Status of Administration under certain laws.

TITLE IV—ESTABLISHMENT OF NATIONAL OCEANIC AND

ATMOSPHERIC ADMINISTRATION AS AN INDEPENDENT AGENCY

PART A—ESTABLISHMENT OF ADMINISTRATION

Sec. 401. Short title.

Sec. 402. Findings.

Sec. 403. Definitions.

Sec. 404. Establishment.

Sec. 405. Officers.

Sec. 406. Transfer of the National Oceanic and Atmospheric Administration

from the Department of Commerce.

PART B—ADMINISTRATIVE PROVISIONS

Sec. 411. Rules.

Sec. 412. Delegation.

Sec. 413. Personnel and services.

Sec. 414. Contracts.

Sec. 415. Use of facilities.

Sec. 416. Service charges.

Sec. 417. Acquisition and maintenance of property.

Sec. 418. Facilities at remote locations.
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Sec. 419. Copyrights and patents.

Sec. 420. Gifts and bequests.

Sec. 421. Transfers of funds from other Federal agencies.

Sec. 422. Working capital fund.

Sec. 423. Seal of Administration.

Sec. 424. Annual report.

Sec. 425. Status of Administration under certain laws.

Sec. 426. Salary of Assistant Administrators.

Sec. 427. Coordination of environmental policy.

TITLE V—ESTABLISHMENT OF ECONOMIC DEVELOPMENT

ADMINISTRATION AS AN INDEPENDENT AGENCY

PART A—ESTABLISHMENT OF ECONOMIC DEVELOPMENT ADMINISTRATION

Sec. 501. Short title.

Sec. 502. Findings.

Sec. 503. Establishment.

PART B—ADMINISTRATIVE PROVISIONS

Sec. 504. Rules.

Sec. 505. Delegation.

Sec. 506. Personnel and services.

Sec. 507. Contracts.

Sec. 508. Use of facilities.

Sec. 509. Service charges.

Sec. 510. Acquisition and maintenance of property.

Sec. 511. Facilities at remote locations.

Sec. 512. Copyrights and patents.

Sec. 513. Gifts and bequests.

Sec. 514. Transfers of funds from other Federal agencies.

Sec. 515. Working capital fund.

Sec. 516. Seal of Administration.

Sec. 517. Annual report.

Sec. 518. Status of Administration under certain laws.

TITLE VI—TRANSFERS TO OTHER FEDERAL AGENCIES

PART A—MINORITY BUSINESS DEVELOPMENT AGENCY

Sec. 601. Transfers to the Small Business Administration.

Sec. 602. Administrative provisions relating to the Minority Business Development Agency.

Sec. 603. Conforming amendments relating to the Minority Business Development Agency.

PART B—TRANSFER OF THE BUREAU OF THE CENSUS TO THE

DEPARTMENT OF LABOR

Sec. 611. Transfers.

Sec. 612. Establishment within the Department of Labor.

Sec. 613. Report to the President and Congress.

Sec. 614. Conforming amendments relating to the Bureau of the Census.

TITLE VII—TRANSITIONAL, SAVINGS, AND CONFORMING

PROVISIONS
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Sec. 701. Additional transfers.

Sec. 702. Transfer and allocations of appropriations and personnel.

Sec. 703. Incidental transfers.

Sec. 704. Effect on personnel.

Sec. 705. Savings provisions.

Sec. 706. Separability.

Sec. 707. Reference.

Sec. 708. Transition.

Sec. 709. Additional conforming amendments.

Sec. 710. Termination of the Department of Commerce.

TITLE VIII—MISCELLANEOUS

Sec. 801. Effective date.

Sec. 802. Interim appointments.

Sec. 803. Personnel and funding reductions resulting from reorganization.

Sec. 804. Authorization of appropriations.

1 TITLE I—GENERAL PROVISIONS

2 FINDINGS

3 SEC. 101. 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 pro15 motion and marketing of American products

16 and services;
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1 (2) the economy of the United States is so inex2 tricably linked with the international economic sys3 tem that all domestic economic sectors are influ4 enced by the dynamics of global trade and

5 investment;

6 (3) the expansion of United States participation

7 in international trade will improve the general wel8 fare of the people of the United States by increasing

9 demand for American products and services, creat10 ing jobs, and increasing the gross national product;

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

12 must place the highest priority on developing meth13 ods and policies to achieve the goals described in

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

15 dependent on a marked improvement in the capabil16 ity of United States businesses to compete in foreign

17 markets;

18 (5) the Federal Government can enhance the

19 capability of United States businesses to compete in

20 foreign markets by acting to—

21 (A) reduce political and economic barriers

22 to sales and investments by such businesses;

23 (B) promote American goods and services

24 in foreign countries;
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1 (C) encourage aggressive participation by

2 the private sector in the international market3 place; and

4 (D) develop policies to enhance productiv5 ity and long-term growth;

6 (6) effective and efficient Government action to

7 enhance the capability of United States businesses

8 to compete in foreign markets requires coordination

9 of the development and implementation of Govern10 ment policies relating to the international trade in11 terests of the United States;

12 (7) the Federal Government can enhance the

13 capability of State governments to expand foreign

14 markets for goods and services produced in such

15 States by—

16 (A) providing information resources suit17 able for developing and conducting international

18 export programs in the States;

19 (B) coordinating activities of Federal over20 seas trade facilities with State international

21 trade offices;

22 (C) providing practical and technical as23 sistance to States developing or conducting

24 international export and investment programs;

25 and
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1 (D) taking appropriate actions to promote

2 the availability of such information and assist3 ance;

4 (8) effective and efficient Government action

5 with respect to international trade further requires

6 the employment of a corps of personnel consisting of

7 individuals who, like the personnel of the govern8 ments of United States trading partners, are highly

9 experienced and educated in international trade op10 erations and negotiations;

11 (9) the present organizational structure of Gov12 ernment administration of international trade activi13 ties is so diffuse that inconsistent and contradictory

14 policies and actions result;

15 (10) such inconsistent and contradictory poli16 cies and actions inhibit domestic trade interests, cre17 ate trade opportunities for our international com18 petitors, and discourage experienced Government

19 personnel from career service in international trade

20 activities;

21 (11) United States performance in international

22 trade is fundamentally linked to the competitiveness

23 of American industry in the world economy;

24 (12) improvements in the competitiveness of

25 United States industry, products, and services can
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1 be aided by reducing traditional antagonisms among

2 government, industry, labor, and the public;

3 (13) a lack of analytical capability and knowl4 edge concerning the competitive position of Amer5 ican industries and foreign industries greatly ham6 pers or delays the ability of the United States to for7 mulate responsible trade policies and policies that

8 affect the international competitiveness of domestic

9 industries;

10 (14) the consolidation of Government functions

11 relating to international trade, including functions

12 relating to technical analysis, policymaking, inter13 national negotiation, and operational responsibilities,

14 into a Department of Trade shall provide the needed

15 coordination of Government activity in international

16 trade and will encourage the retention of the highly

17 experienced personnel necessary for such coordina18 tion to be effective;

19 (15) the continued prosperity and overall com20 petitive posture of the United States calls for a deci21 sive and unified trade policy that vigorously pro22 motes an equitable international trade environment

23 in which the United States is able to compete fully

24 and fairly;
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1 (16) continued United States leadership in the

2 world economy requires the formulation and imple3 mentation of a trade policy that is delineated and

4 understood by the rest of the world;

5 (17) establishing a decisive and unified trade

6 policy has become a number one priority of the

7 United States;

8 (18) enhancing the process of consultation and

9 advice between the executive branch, the Congress,

10 and the private sector will assist in developing the

11 consensus on and support for the trade policy of the

12 United States;

13 (19) there is no one single agency or depart14 ment within the executive branch with overall re15 sponsibility for the development, coordination, imple16 mentation, and administration of the United States

17 trade policy, and the proliferation and division of

18 agencies within the executive branch have weakened

19 the overall leadership of the United States in inter20 national trade matters; and

21 (20) the economic well-being of the American

22 people will be substantially enhanced through the

23 creation of the Department of Trade.

24 DEFINITIONS

25 SEC. 102. As used in this Act, unless otherwise pro26 vided or indicated by the context—
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1 (1) the term ‘‘Department’’ means the Depart2 ment of Trade;

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

4 of Trade;

5 (3) the term ‘‘function’’ means any duty, obli6 gation, power, authority, responsibility, right, privi7 lege, activity, or program;

8 (4) the term ‘‘administrative and support func9 tions’’ means legal functions, investigative functions,

10 budget preparation and analysis functions, adminis11 trative functions, public information functions, and

12 congressional relations functions carried out by a

13 Federal agency, and such other support services as

14 may be determined by the head of such agency;

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

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

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

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

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

20 such title; and

21 (7) the term ‘‘office’’ includes any office, ad22 ministration, agency, institute, unit, organizational

23 entity, or component thereof.
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1 TITLE II—DEPARTMENT OF TRADE

2 PART A—ESTABLISHMENT

3 ESTABLISHMENT OF DEPARTMENT

4 SEC. 201. (a) There is established an executive de5 partment to be known as the Department of Trade. The

6 Department shall be administered by a Secretary of

7 Trade, who shall be appointed by the President, by and

8 with the advice and consent of the Senate.

9 (b) The Department of Trade shall be deemed the

10 successor to the Department of Commerce for all pur11 poses, including protocol.

12 FUNCTIONS OF THE SECRETARY

13 SEC. 202. (a) In addition to the functions transferred

14 to the Secretary by this Act, such other functions as the

15 President may assign or delegate to the Secretary, and

16 such other functions as the Secretary may, after the effec17 tive date of this Act, be required to carry out by law, the

18 Secretary shall—

19 (1) serve as the principal advisor to the Presi20 dent on international trade policy and advise the

21 President on the impact of other policies of the

22 United States Government on international trade;

23 (2) exercise primary responsibility, with the ad24 vice of the interagency organization established

25 under section 242 of the Trade Expansion Act of

26 1962, for developing and implementing international
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1 trade policy, including commodity matters and, to

2 the extent related to international trade policy, di3 rect investment matters and, in exercising such re4 sponsibility, advance and implement the goals de5 scribed in section 101(1) as the primary mandate of

6 the Department;

7 (3) exercise lead responsibility for the conduct

8 of international trade negotiations, including nego9 tiations relating to commodity matters and, to the

10 extent that such negotiations are related to inter11 national trade, direct investment negotiations;

12 (4) exercise lead responsibility for the establish13 ment of a national export strategy, including policies

14 designed to implement such strategy;

15 (5) with the advice of the interagency organiza16 tion established under section 242 of the Trade Ex17 pansion Act of 1962, issue policy guidance to other

18 Federal agencies on international trade, commodity,

19 and direct investment functions to the extent nec20 essary to assure the coordination of international

21 trade policy;

22 (6) seek and promote new opportunities for

23 United States products and services to compete in

24 the world marketplace;
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1 (7) assist small businesses in developing export

2 markets;

3 (8) support State governments involved in ex4 panding foreign markets for goods and services pro5 duced in such States;

6 (9) enforce the laws of the United States relat7 ing to trade;

8 (10) analyze economic trends and developments

9 in order to understand and foster the conditions that

10 enhance productivity, growth, and competitiveness;

11 (11) report directly to the Congress—

12 (A) on the administration of, and matters

13 pertaining to, the trade agreements program

14 under Omnibus Trade and Competitiveness Act

15 of 1988, the Trade Act of 1974, the Trade Ex16 pansion Act of 1962, and section 350 of the

17 Tariff Act of 1930; and

18 (B) with respect to other important issues

19 pertaining to international trade;

20 (12) keep each official adviser to the United

21 States delegations to international conferences,

22 meetings, and negotiation sessions relating to trade

23 agreements who is appointed from the Committee on

24 Finance of the Senate or the Committee on Ways

25 and Means of the House of Representatives under
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1 section 161 of the Trade Act of 1974 currently in2 formed on United States negotiating objectives with

3 respect to trade agreements, the status of negotia4 tions in progress with respect to such agreements,

5 and the nature of any changes in domestic law or

6 the administration thereof which the Secretary may

7 recommend to Congress to carry out any trade

8 agreement;

9 (13) consult and cooperate with State and local

10 governments and other interested parties on inter11 national trade matters of interest to such govern12 ments and parties, and to the extent related to inter13 national trade matters, on investment matters, and,

14 when appropriate, hold informal public hearings;

15 (14) serve as the principal advisor to the Presi16 dent on government policies designed to contribute

17 to enhancing the ability of American industry and

18 services to compete in international markets;

19 (15) develop recommendations for national

20 strategies and on specific policies intended to en21 hance the productivity and international competitive22 ness of United States industries;

23 (16) identify and develop recommendations to

24 address problems affecting the economic competitive25 ness of the United States;
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1 (17) serve as the principal advisor to the Presi2 dent in identifying and assessing the consequences

3 of any government policies which adversely affect, or

4 have the potential to adversely affect, the competi5 tiveness of United States industries and services;

6 and

7 (18) promote cooperation between business,

8 labor, and government to improve industrial per9 formance and the ability of American industries to

10 compete in international markets and to facilitate

11 consultation and communication between the govern12 ment and the private sector about domestic indus13 trial performance and prospects as well as the per14 formance and prospects of foreign competitors.

15 (b) The Secretary shall be the Chairman pro tempore

16 of the interagency organization established under section

17 242 of the Trade Expansion Act of 1962.

18 (c) The Secretary shall be a member of the National

19 Security Council.

20 (d) The Secretary shall be Deputy Chairman of the

21 National Advisory Council on International Monetary and

22 Financial Policies established under Executive Order

23 11269, issued February 14, 1966.

24 (e)(1) The Secretary of Trade shall consult with the

25 Secretary of Agriculture or the designee of the Secretary
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1 of Agriculture on all matters which potentially involve

2 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 Secretary of Trade or the designee

6 of such Secretary shall be Chairman of the United States

7 delegation to such meeting and the Secretary of Agri8 culture or the designee of such Secretary shall be Vice

9 Chairman. The provisions of this paragraph do not limit

10 the authority of the Secretary under subsection (g) to as11 sign responsibility for the conduct of, or participation in,

12 any trade negotiation or meeting to the Secretary of

13 Agriculture.

14 (f) The Secretary shall be Chairman of the Trade

15 Promotion Coordinating Committee established by the

16 President on May 23, 1990.

17 (g) Except where expressly prohibited by law, the

18 Secretary, at the request or with the concurrence of the

19 head of any other Federal agency, may assign the respon20 sibility for conducting or participating in any specific

21 international trade negotiation or meeting to the head of

22 such agency whenever the Secretary determines that the

23 subject matter of such international trade negotiation is

24 related to the functions carried out by such agency.
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1 PART B—OFFICES AND BUREAUS

2 OFFICE OF THE TRADE REPRESENTATIVE

3 SEC. 211. There is established in the Office of the

4 Secretary, the Office of the Trade Representative. The

5 Secretary, through the Office of the Trade Representative,

6 shall perform all functions (other than administrative and

7 support functions) transferred to the Secretary by section

8 231.

9 BUREAU OF EXPORT PROMOTION

10 SEC. 212. (a) There is established within the Depart11 ment, the Bureau of Export Promotion. The Bureau of

12 Export Promotion shall be administered by the Under Sec13 retary of the Bureau of Export Promotion who shall be

14 appointed by the President, by and with the advice and

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

16 Secretary of the Bureau of Export Promotion, shall per17 form all functions (other than administrative and support

18 functions) transferred to the Secretary under sections

19 232(3)(A), 233, 234, and 235. The Bureau of Export Pro20 motion shall be the Government’s lead organization re21 sponsible for implementing and devising United States

22 trade promotion and financing efforts.

23 (b)(1) There is established within the Bureau of Ex24 port Promotion the—

25 (A) United States and Foreign Commercial

26 Service;
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1 (B) Export-Import Bank of the United States;

2 and

3 (C) Overseas Private Investment Corporation.

4 (2)(A)(i) The United States and Foreign Commercial

5 Service shall be administered by an Assistant Secretary,

6 who shall serve as Director General of the United States

7 and Foreign Commercial Service, and who shall be ap8 pointed by the President, by and with the advice and con9 sent of the Senate.

10 (ii) There is established the Trade and Development

11 Agency and the United States Travel and Tourism Admin12 istration within the United States and Foreign Commer13 cial Service. The Trade and Development Agency shall be

14 administered by a Director and the United States Travel

15 and Tourism Administration shall be administered by a

16 Director. Both Directors shall be appointed by the Presi17 dent with the advice and consent of the Senate.

18 (B) The Export-Import Bank established under para19 graph (1)(A) shall be administered by a President and a

20 Board of Directors as provided under section 3 of the Ex21 port-Import Bank Act of 1945 (12 U.S.C. 635a) as

22 amended by section 233 of this Act.

23 (C) The Overseas Private Investment Corporation es24 tablished under paragraph (1)(C) shall be administered by

25 a President and a Board of Directors as provided under
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1 section 233 of the Foreign Assistance Act of 1961 (22

2 U.S.C. 2193) as amended by section 234 of this Act.

3 BUREAU OF TRADE POLICY AND ANALYSIS

4 SEC. 213 (a) There is established within the Depart5 ment, the Bureau of Trade Policy and Analysis. The Bu6 reau of Trade Policy and Analysis shall be administered

7 by the Under Secretary of the Bureau of Trade Policy and

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

9 with the advice and consent of the Senate. The Secretary

10 through the Under Secretary of the Bureau of Trade Pol11 icy and Analysis shall perform all functions (other than

12 administrative and support functions) transferred to the

13 Secretary under section 232(3)(B). The Under Secretary

14 for Trade Policy and Analysis shall advise the Secretary

15 of Trade on international trade and economic policy and

16 provide assistance to the Secretary in multilateral and bi17 lateral trade negotiations.

18 (b)(1) There is established within the Bureau of

19 Trade Policy and Analysis the—

20 (A) Office of International Economic Policy;

21 (B) Office of Business Analysis; and

22 (C) Office of Economic Analysis.

23 (2) Each component of the Bureau of Trade Policy

24 and Analysis established under paragraph (1) (A), (B),

25 and (C) shall be administered by an Assistant Secretary
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1 who shall be appointed by the President, by and with the

2 advice and consent of the Senate.

3 BUREAU OF TRADE ADMINISTRATION

4 SEC. 214. (a) There is established within the Depart5 ment, the Bureau of Trade Administration. The Bureau

6 of Trade Administration shall be administered by the

7 Under Secretary of the Bureau of Trade Administration

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

9 advice and consent of the Senate. The Secretary through

10 the Under Secretary of the Bureau of Trade Administra11 tion shall perform all functions (other than administrative

12 and support functions) transferred to the Secretary under

13 section 232(3)(C). The Bureau of Trade Administration

14 shall be responsible for overseeing and enforcing all trade

15 laws and agreements of which the United States is a

16 party.

17 (b)(1) There is established within the Bureau of

18 Trade Administration the—

19 (A) Export Administration; and

20 (B) Import Administration.

21 (2) Each administration established under paragraph

22 (1) (A) and (B) shall be administered by an Assistant Sec23 retary who shall be appointed by the President, by and

24 with the consent of the Senate.
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1 PART C—OFFICERS

2 DEPUTY SECRETARY

3 SEC. 221. (a) There shall be in the Department a

4 Deputy Secretary of Trade, who shall be appointed by the

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

6 Senate.

7 (b) The Deputy Secretary shall act for and exercise

8 the functions of the Secretary during the absence or dis9 ability of the Secretary or in the event the office of Sec10 retary becomes vacant. The Deputy Secretary shall act for

11 and exercise the functions of the Secretary until the ab12 sence or disability of the Secretary no longer exists or a

13 successor to the Secretary has been appointed by the

14 President and confirmed by the Senate.

15 TRADE REPRESENTATIVE

16 SEC. 222. There shall be in the Department a Trade

17 Representative, who shall be appointed by the President,

18 by and with the advice and consent of the Senate. The

19 Trade Representative shall have the rank and status of

20 Ambassador and shall represent the United States in all

21 trade negotiations on behalf of the Secretary of Trade.

22 UNDER SECRETARIES

23 SEC. 223. (a) There shall be in the Department three

24 Under Secretaries of Trade, who shall be appointed by the

25 President, by and with the advice and consent of the Sen26 ate.
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1 (b) Each Under Secretary of Trade shall perform

2 such functions as the Secretary may prescribe.

3 ASSISTANT SECRETARIES

4 SEC. 224. (a) There shall be in the Department 6

5 Assistant Secretaries of Trade, who shall be appointed by

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

7 Senate.

8 (b) Each Assistant Secretary of Trade shall perform

9 such functions as the Secretary may prescribe.

10 GENERAL COUNSEL

11 SEC. 225. There shall be in the Department a Gen12 eral Counsel, who shall be appointed by the President, by

13 and with the advice and consent of the Senate. The Gen14 eral Counsel shall provide legal assistance to the Secretary

15 concerning the activities, programs, and policies of the

16 Department.

17 INSPECTOR GENERAL

18 SEC. 226. There shall be in the Department an In19 spector General who shall be appointed in accordance with

20 the Inspector General Act of 1978, as amended by section

21 271(h) of this Act.

22 REPRESENTATIVE TO THE GENERAL AGREEMENT ON

23 TARIFFS AND TRADE

24 SEC. 227. There shall be in the Department a Perma25 nent Representative to the General Agreement on Tariffs

26 and Trade, who shall be appointed by the President, by
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1 and with the advice and consent of the Senate, and who

2 shall have the rank and status of Ambassador Extraor3 dinary and Plenipotentiary.

4 PART D—TRANSFERS TO THE DEPARTMENT

5 OFFICE OF THE UNITED STATES TRADE

6 REPRESENTATIVE

7 SEC. 231. There are transferred to the Secretary all

8 functions of the United States Trade Representative and

9 the Office of the United States Trade Representative in

10 the Executive Office of the President and all functions of

11 any officer or employee of such Office.

12 TRANSFERS FROM THE DEPARTMENT OF COMMERCE

13 SEC. 232. Except for functions transferred by titles

14 III, IV, V, and VI, there are transferred to the Sec15 retary—

16 (1) all functions of the Secretary of Commerce;

17 (2) all functions of the Department of Com18 merce; and

19 (3) all functions of, and all functions performed

20 under the direction of, the following officers and em21 ployees of the Department of Commerce:

22 (A) the Under Secretary of Commerce for

23 International Trade, the Director General of

24 the United States and Foreign Commercial

25 Services, the Under Secretary of Commerce for
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1 Travel and Tourism and the Assistant Sec2 retary of Commerce for Tourism Marketing;

3 (B) the Under Secretary of Commerce for

4 Economic Affairs, the Assistant Secretary of

5 Commerce for International Economic Policy,

6 the Assistant Secretary of Commerce for Trade

7 Development, the Director of the Bureau of

8 Economic Analysis of the Department of Com9 merce, and the Chief Economist of the Depart10 ment of Commerce; and

11 (C) the Under Secretary for Export Ad12 ministration of the Department of Commerce

13 and the Assistant Secretary for Import Admin14 istration of the Department of Commerce.

15 TRANSFER OF THE EXPORT-IMPORT BANK

16 SEC. 233. (a)(1) There are transferred to the Sec17 retary all functions of the Secretary of Commerce relating

18 to the Export-Import Bank of the United States.

19 (2) The Export-Import Bank of the United States is

20 transferred to the Department of Trade.

21 (b) Section 3(b) of the Export-Import Bank Act of

22 1945 (12 U.S.C. 635a(b)) is amended to read as follows:

23 ‘‘(b) There shall be a President of the Export-Import

24 Bank of the United States who shall be appointed by the

25 President, by and with the advice and consent of the Sen26 ate, and shall serve as chief executive officer of the Bank.
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1 There shall be a First Vice President of the Bank, who

2 shall be appointed by the President of the United States,

3 by and with the advice and consent of the Senate, who

4 shall serve as President of the Bank during the absence

5 or disability of or in the event of a vacancy in the Office

6 of the President of the Bank, and who shall at other times

7 perform such functions as the President of the Bank may

8 from time to time prescribe.’’.

9 (c) Section 3(c)(1) of the Export-Import Bank Act

10 of 1945 (12 U.S.C. 635a(c)(1)) is amended to read as

11 follows:

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

13 Bank consisting of the Under Secretary of the Bureau of

14 Export Promotion of the Department of Trade (who shall

15 serve as Chairman), the President of the Export-Import

16 Bank of the United States (who shall serve as Vice Chair17 man), the President of the Overseas Private Investment

18 Corporation, and the Director General of the United

19 States and Foreign Commercial Service.’’.

20 (d) Section 2301(h) of the Omnibus Trade and Com21 petitiveness Act of 1988 (15 U.S.C. 4721(h)) is amended

22 to read as follows:

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

24 Commercial Service shall provide, at its district offices in

25 the United States, such services as the Under Secretary
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1 of Trade for Export Promotion determines necessary to

2 assist the Export-Import Bank of the United States to

3 carry out the lending, loan guarantee, insurance, and

4 other activities of the Bank.’’.

5 OVERSEAS PRIVATE INVESTMENT CORPORATION

6 SEC. 234. (a) There are transferred to the Secretary

7 all functions of the Director of the United States Inter8 national Development Cooperation Agency relating to the

9 Overseas Private Investment Corporation.

10 (b) The second and third sentences of section 233(b)

11 of the Foreign Assistance Act of 1961 (22 U.S.C.

12 2193(b)) are amended to read as follows: ‘‘The Under Sec13 retary of the Bureau of Export Promotion of the Depart14 ment of Trade shall be the Chairman of the Board. The

15 Administrator of the Agency for International Develop16 ment, the President of the Overseas Private Investment

17 Corporation (who shall serve as Vice Chairman), and the

18 Director General of the United States Foreign and Com19 mercial Service shall serve on the Board.’’.

20 TRADE AND DEVELOPMENT AGENCY

21 SEC. 235. There are transferred to the Secretary all

22 functions of the Director of the United States Inter23 national Development Agency relating to the Trade and

24 Development Agency. There are transferred to the De25 partment all functions of the Trade and Development Pro26 gram.
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1 BUREAU OF PRIVATE ENTERPRISE

2 SEC. 236. There are transferred to the United States

3 and Foreign Commercial Service all functions of the Bu4 reau of Private Enterprise of the Agency for International

5 Development.

6 PART E—ADMINISTRATIVE PROVISIONS

7 PERSONNEL PROVISIONS

8 SEC. 241. (a) The Secretary may appoint and fix the

9 compensation of such officers and employees, including in10 vestigators, attorneys, and administrative law judges, as

11 may be necessary to carry out the functions of the Sec12 retary and the Department. Except as otherwise provided

13 by law, such officers and employees shall be appointed in

14 accordance with the civil service laws and their compensa15 tion fixed in accordance with title 5, United States Code.

16 (b)(1) At the request of the Secretary, the Director

17 of the Office of Personnel Management shall, under sec18 tion 5108 of title 5, United States Code, provide for the

19 establishment in a grade level above GS–15 of the General

20 Service, and in the Senior Executive Service, of a number

21 of positions in the Department equal to the number of

22 positions in that grade level which were used primarily for

23 the performance of functions and offices transferred by

24 this Act and which were assigned and filled on the day

25 before the effective date of this Act.
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1 (2) Appointments to positions provided for under this

2 subsection may be made without regard to the provisions

3 of section 3324 of title 5, United States Code, if the indi4 vidual appointed in such position is an individual who is

5 transferred in connection with the transfer of functions

6 and offices under this Act and, on the day before the effec7 tive date of this Act, holds a position and has duties com8 parable to those of the position to which appointed under

9 this subsection.

10 (3) The authority under this subsection with respect

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

12 shall terminate when the person first appointed to fill such

13 position ceases to hold such position.

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

15 Service Reform Act of 1978, an individual appointed

16 under this subsection shall be deemed to occupy the same

17 position as the individual occupied on the day before the

18 effective date of this Act.

19 (c) The Secretary may obtain the services of experts

20 and consultants in accordance with section 3109 of title

21 5, United States Code, and compensate such experts and

22 consultants for each day (including traveltime) at rates

23 not in excess of the maximum rate of pay for a position

24 at a grade level above GS–15 of the General Schedule

25 under section 5332 of such title. The Secretary may pay
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1 experts and consultants who are serving away from their

2 homes or regular place of business travel expenses and per

3 diem in lieu of subsistence at rates authorized by sections

4 5702 and 5703 of such title for persons in Government

5 service employed intermittently.

6 (d)(1)(A) The Secretary is authorized to accept vol7 untary and uncompensated services without regard to the

8 provisions of section 1342 of title 31, United States Code,

9 if such services will not be used to displace Federal em10 ployees employed on a full-time, part-time, or seasonal

11 basis.

12 (B) The Secretary is authorized to accept volunteer

13 service in accordance with the provisions of section 3111

14 of title 5, United States Code.

15 (2) The Secretary is authorized to provide for inci16 dental expenses, including but not limited to transpor17 tation, lodging, and subsistence for individuals who pro18 vide voluntary services under subparagraph (A) or (B) of

19 paragraph (1).

20 (3) An individual who provides voluntary services

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

22 employee for any purpose other than for purposes of chap23 ter 81 of title 5, United States Code, relating to com24 pensation for work injuries, and chapter 171 of title 28,

25 United States Code, relating to tort claims.
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1 (e) In order to assure United States representation

2 in trade matters at a level commensurate with the level

3 of representation maintained by industrial nations which

4 are major trade competitors of the United States, the Sec5 retary of State shall classify certain positions at Foreign

6 Service posts as commercial minister positions and shall

7 assign members of the Foreign Service performing func8 tions of the Department of Trade, with the concurrence

9 of the Secretary of Trade, to such positions in nations

10 which are major trade competitors of the United States.

11 The Secretary of State shall obtain and use the rec12 ommendations of the Secretary of Trade with respect to

13 the number of positions to be so classified under this sub14 section.

15 DELEGATION AND ASSIGNMENT

16 SEC. 242. Except where otherwise expressly prohib17 ited by law or otherwise provided by this Act, the Sec18 retary may delegate any of the functions transferred to

19 the Secretary by this Act and any function transferred or

20 granted to the Secretary after the effective date of this

21 Act to such officers and employees of the Department as

22 the Secretary may designate, and may authorize succes23 sive redelegations of such functions as may be necessary

24 or appropriate. No delegation of functions by the Sec25 retary under this section or under any other provision of
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1 this Act shall relieve the Secretary of responsibility for the

2 administration of such functions.

3 SUCCESSION

4 SEC. 243. (a) Subject to the authority of the Presi5 dent, and except as provided in section 221(b), the Sec6 retary shall prescribe the order by which officers of the

7 Department who are appointed by the President, by and

8 with the advice and consent of the Senate, shall act for,

9 and perform the functions of, the Secretary or any other

10 officer of the Department appointed by the President, by

11 and with the advice and consent of the Senate, during the

12 absence or disability of the Secretary or such other officer,

13 or in the event of a vacancy in the office of the Secretary

14 or such other officer.

15 (b) Notwithstanding any other provision of law, and

16 unless the President directs otherwise, an individual acting

17 for the Secretary or another officer of the Department

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

19 capacity until the absence or disability of the Secretary

20 or such other officer no longer exists or a successor to

21 the Secretary or such other officer has been appointed by

22 the President and confirmed by the Senate.

23 REORGANIZATION

24 SEC. 244. (a) Subject to subsections (b) and (c), the

25 Secretary is authorized to allocate or reallocate functions

26 among the officers of the Department, and to establish,
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1 consolidate, alter, or discontinue such organizational

2 entities in the Department as may be necessary or

3 appropriate.

4 (b) Except as provided in subsection (c), the Sec5 retary may establish, consolidate, alter, or discontinue any

6 organizational entity in the Department or allocate or re7 allocate any function of an officer or employee of the De8 partment upon the expiration of a period of sixty days

9 after the receipt by the Committee on Finance and the

10 Committee on Governmental Affairs of the Senate and the

11 Committee on Government Operations and the Committee

12 on Ways and Means of the House of Representatives of

13 notice by the Secretary containing a full and complete

14 statement of the action proposed to be taken pursuant to

15 this section and the facts and circumstances relied upon

16 in support of such proposed action.

17 RULES

18 SEC. 245. The Secretary is authorized to prescribe,

19 in accordance with the provisions of chapters 5 and 6 of

20 title 5, United States Code, such rules and regulations as

21 the Secretary determines necessary or appropriate to ad22 minister and manage the functions of the Secretary or the

23 Department.

24 WORKING CAPITAL FUND

25 SEC. 246. (a) The Secretary is authorized to establish

26 for the Department a working capital fund, to be available
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1 without fiscal year limitation, for expenses necessary for

2 the maintenance and operation of such common adminis3 trative services as the Secretary shall find to be desirable

4 in the interest of economy and efficiency, including—

5 (1) a central supply service for stationery and

6 other supplies and equipment for which adequate

7 stocks may be maintained to meet in whole or in

8 part the requirements of the Department and its

9 components;

10 (2) central messenger, mail, and telephone serv11 ice and other communications services;

12 (3) office space, central services for document

13 reproduction and for graphics and visual aids;

14 (4) a central library service; and

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

16 the Director of the Office of Management and

17 Budget.

18 (b) The capital of the fund shall consist of any appro19 priations made for the purpose of providing working cap20 ital and the fair and reasonable value of such stocks of

21 supplies, equipment, and other assets and inventories on

22 order as the Secretary may transfer to the fund, less the

23 related liabilities and unpaid obligations. The fund shall

24 be reimbursed in advance from available funds of agencies

25 and offices in the Department, or from other sources, for
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1 supplies and services at rates which will approximate the

2 expense of operation, including the accrual of annual leave

3 and the depreciation of equipment. The fund shall also be

4 credited with receipts from sale or exchange of property

5 and receipts in payment for loss or damage to property

6 owned by the fund. There shall be covered into the United

7 States Treasury as miscellaneous receipts any surplus of

8 the fund (all assets, liabilities, and prior losses considered)

9 above the amounts transferred or appropriated to estab10 lish and maintain the fund. There shall be transferred to

11 the fund the stocks of supplies, equipment, other assets,

12 liabilities, and unpaid obligations relating to those services

13 which the Secretary determines will be performed.

14 FUNDS TRANSFER

15 SEC. 247. The Secretary may, when authorized in an

16 appropriation Act in any fiscal year, transfer funds from

17 one appropriation to another within the Department, ex18 cept that no appropriation for any fiscal year shall be ei19 ther increased or decreased by more than 10 per centum

20 and no such transfer shall result in increasing any such

21 appropriation above the amount authorized to be appro22 priated therefore.

23 CONTRACTS, GRANTS, AND COOPERATIVE AGREEMENTS

24 SEC. 248. (a) Subject to the provisions of the Federal

25 Property and Administrative Services Act of 1949, the

26 Secretary may make, enter into, and perform such con-
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1 tracts, leases, cooperative agreements, grants, or other

2 similar transactions with public agencies, private organiza3 tions, and persons, and make payments (in lump sum or

4 installments, and by way of advance or reimbursement,

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

6 on account of overpayments and underpayments) as the

7 Secretary considers necessary or appropriate to carry out

8 the functions of the Secretary or the Department.

9 (b) Notwithstanding any other provision of this Act,

10 the authority to enter into contracts or to make payments

11 under this title shall be effective only to such extent or

12 in such amounts as are provided in advance in appropria13 tion Acts. This subsection does not apply with respect to

14 the authority granted under section 252.

15 PUBLICATIONS

16 SEC. 249. Subject to such procedures of the Director

17 of the Office of Management and Budget may prescribe,

18 the Secretary may disseminate in the form of reports or

19 publications such information as the Secretary considers

20 appropriate.

21 USE OF FACILITIES

22 SEC. 250. (a) With their consent, the Secretary, with

23 or without reimbursement, may use the research, services,

24 equipment, and facilities of—

25 (1) an individual;
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1 (2) any public or private nonprofit agency or

2 organization, including any agency or instrumental3 ity of the United States or of any State, the District

4 of Columbia, the Commonwealth of Puerto Rico, or

5 any territory or possession of the United States;

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

7 District of Columbia, the Commonwealth of Puerto

8 Rico, or any territory or possession of the United

9 States; or

10 (4) any foreign government,

11 in carrying out any function of the Secretary or the

12 Department.

13 (b) The Secretary, under terms, at rates, and for pe14 riods that the Secretary considers to be in the public inter15 est, may permit the use by public and private agencies,

16 corporations, associations or other organizations, or by in17 dividuals, of any real property, or any facility, structure

18 or other improvement thereon, under the custody of the

19 Secretary. The Secretary may require permittees under

20 this section to maintain or recondition, at their own ex21 pense, the real property, facilities, structures, and im22 provements used by such permittees.

23 FIELD OFFICES

24 SEC. 251. (a) Subject to subsection (b), the Secretary

25 may establish, alter, consolidate, maintain, or discontinue

26 State, regional, district, local, or other field offices as the
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1 Secretary finds necessary or appropriate to perform any

2 function of the Secretary or the Department.

3 (b) The Secretary may establish, alter, consolidate,

4 maintain, or discontinue State, regional, district, local, or

5 other field offices under subsection (a) upon the expiration

6 of a period of sixty days after the receipt by the Commit7 tee on Finance and the Committee on Governmental Af8 fairs of the Senate and the Committee on Government Op9 erations and the Committee on Ways and Means of the

10 House of Representatives of notice by the Secretary con11 taining a full and complete statement of the action pro12 posed to be taken pursuant to this section and the facts

13 and circumstances relied upon in support of such proposed

14 action.

15 (c) Within one year after the effective date of this

16 Act, the Secretary and the Administrator of the Small

17 Business Administration shall prepare and transmit to the

18 President and to Congress a joint report containing rec19 ommendations for improving the competitiveness of Unit20 ed States business through—

21 (1) enhanced cooperation between the Small

22 Business Administration and the United States and

23 Foreign Commercial Service;
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1 (2) the utilization of Small Business Adminis2 tration regional offices by the United States and

3 Foreign Commercial Service;

4 (3) increased efforts to assist small- and me5 dium-size firms to enter the export market through

6 the facilities of the United States and Foreign Com7 mercial Service; and

8 (4) consolidation of the Small Business Admin9 istration within the United States and Foreign Com10 mercial Service or the Department of Trade.

11 GIFTS AND BEQUESTS

12 SEC. 252. (a) The Secretary is authorized to accept,

13 hold, administer, and utilize gifts and bequests of prop14 erty, both real and personal, for the purpose of aiding or

15 facilitating the work of the Department. Gifts and be16 quests of money and the proceeds from sales of other prop17 erty received as gifts or bequests shall be deposited in the

18 United States Treasury in a separate fund and shall be

19 disbursed on order of the Secretary. Property accepted

20 pursuant to this paragraph, and the proceeds thereof,

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

22 terms of the gift or bequest.

23 (b) For the purpose of Federal income, estate, and

24 gift taxes, and State taxes, property accepted under sub25 section (a) shall be considered a gift or bequest to or for

26 use of the United States.
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1 (c) Upon the request of the Secretary, the Secretary

2 of the Treasury may invest and reinvest in securities of

3 the United States or in securities guaranteed as to prin4 cipal and interest by the United States any moneys con5 tained in the fund provided for in subsection (a). Income

6 accruing from such securities, and from any other prop7 erty held by the Secretary pursuant to subsection (a), shall

8 be deposited to the credit of the fund, and shall be dis9 bursed upon order of the Secretary.

10 SEAL OF DEPARTMENT

11 SEC. 253. The Secretary shall cause a seal of office

12 to be made for the Department of such design as the Sec13 retary shall approve. Judicial notice shall be taken of such

14 seal.

15 ANNUAL REPORT

16 SEC. 254. The Secretary shall, as soon as practicable

17 after the end of each fiscal year, prepare and transmit

18 a written report to the President for transmission to the

19 Congress on the activities of the Department during such

20 fiscal year.

21 PROFESSIONAL TRADE SERVICE CORPS

22 SEC. 255. Within 180 days after the effective date

23 of this Act, the Secretary shall prepare and transmit to

24 the President and the Congress a report containing rec25 ommendations for the establishment of a Professional

26 Trade Service Corps designed to attract and retain highly
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1 qualified, experienced, and motivated professionals to ad2 minister the trade policies and activities of the United

3 States. The system shall contain provisions for—

4 (1) the advancement and retention of personnel

5 on a competitive basis;

6 (2) the designation of senior positions in such

7 Federal agencies in order that personnel employed in

8 such agencies may advance in careers relating to

9 international trade; and

10 (3) the transfer of personnel between the sys11 tem and the Foreign Service personnel system in

12 order that personnel employed in such systems may

13 be employed in foreign and domestic service.

14 NATIONAL TRADE DATA BANK

15 SEC. 256. Within 180 days after the effective date

16 of this Act, the Secretary shall prepare and transmit to

17 the President and the Congress a report containing rec18 ommendations for enhancing the Government’s foreign

19 trade and economic data collection and dissemination ac20 tivities. The report shall include—

21 (1) recommendations for increasing the capacity

22 of the National Trade Data Bank established by the

23 Omnibus Trade and Competitiveness Act of 1988;

24 (2) findings by the Interagency Trade Data Ad25 visory Committee for expanding the National Trade

26 Data Bank consistent with the needs of its users;
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1 (3) recommendations on including within the

2 National Trade Data Bank economic information

3 collected by United States intelligence agencies; and

4 (4) suggestions for the overall improvement and

5 coordination of the United States Government’s

6 trade and economic data collection and dissemina7 tion activities.

8 PART F—RELATED AGENCIES

9 INTERAGENCY TRADE ORGANIZATION

10 SEC. 261. Section 242(a)(3) of the Trade Expansion

11 Act of 1962 (19 U.S.C. 1872(a)(3)) is amended to read

12 as follows:

13 ‘‘(3)(A) The interagency organization estab14 lished under subsection (a) shall be composed of—

15 ‘‘(i) the Secretary of Trade, who shall be

16 Chairman,

17 ‘‘(ii) the Secretary of Agriculture,

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

19 ‘‘(iv) the Secretary of Labor,

20 ‘‘(v) the Secretary of State, and

21 ‘‘(vi) the representatives of such other de22 partments and agencies as the Secretary of

23 Trade shall designate.

24 ‘‘(B) The Secretary of Trade may invite rep25 resentatives from other agencies, as appropriate, to
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1 attend particular meetings if subject matters of spe2 cific functional interest to such agencies are under

3 consideration. It shall meet at such times and with

4 respect to such matters as the President or the

5 Chairman shall direct.’’.

6 NATIONAL SECURITY COUNCIL

7 SEC. 262. The fourth paragraph of section 101(a) of

8 the National Security Act of 1947 (50 U.S.C. 402(a)) is

9 amended—

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

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

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

13 new clause:

14 ‘‘(5) the Secretary of Trade;’’.

15 INTERNATIONAL MONETARY FUND

16 SEC. 263. Section 3 of the Bretton Woods Agreement

17 Act is amended by adding at the end thereof the following

18 new subsection:

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

20 shall consult with the Secretary of Trade with respect to

21 matters under consideration by the Fund which relate to

22 trade.’’.

23 PART G—CONFORMING PROVISIONS

24 AMENDMENTS

25 SEC. 271. (a) Section 19(d)(1) of title 3, United

26 States Code, is amended by striking out ‘‘Secretary of
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1 Commerce,’’ and inserting in lieu thereof ‘‘Secretary of

2 Trade,’’.

3 (b) Section 101 of title 5, United States Code, is

4 amended by striking out the item relating to the Depart5 ment of Commerce and inserting in lieu thereof the

6 following:

7 ‘‘The Department of Trade.’’.

8 (c) Section 5312 of such title is amended—

9 (1) by striking out the items relating to the

10 Secretary of Commerce and the United States Trade

11 Representative; and

12 (2) by adding at the end thereof the following:

13 ‘‘Secretary of Trade.’’.

14 (d)(1) Section 2(b) of Reorganization Plan No. 3 of

15 1979 is amended by striking out paragraph (1) and by

16 striking out ‘‘(2)’’.

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

18 amended by adding at the end thereof the following:

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

20 (e) Section 5314 of such title is amended—

21 (1) by striking out the item relating to the

22 Under Secretary of Commerce, the Under Secretary

23 of Commerce for Economic Affairs, and the Under

24 Secretary of Commerce for Travel and Tourism;
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1 (2) by striking out the item relating to the Dep2 uty United States Trade Representatives; and

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

4 ‘‘Under Secretaries of Trade (3).

5 ‘‘Deputy Secretary of Trade.

6 ‘‘Chief Trade Negotiator, Department of Trade.

7 ‘‘Permanent Representative to the General

8 Agreement on Tariffs and Trade, Department of

9 Trade.’’.

10 (f) Section 5315 of such title is amended—

11 (1) by striking out the item relating to the As12 sistant Secretaries of Commerce;

13 (2) by striking out the item relating to the Gen14 eral Counsel of the Department of Commerce; and

15 (3) by adding at the end thereof the following:

16 ‘‘Assistant Secretaries of Trade (6).

17 ‘‘General Counsel, Department of Trade.

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

19 United States.

20 ‘‘President of the Overseas Private Investment

21 Corporation.’’.

22 (g) Section 5316 of such title is amended—

23 (1) by striking out the item relating to Commis24 sioner of Patents, Department of Commerce;
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1 (2) by striking out the item relating to the Na2 tional Export Expansion Coordinator, Department

3 of Commerce;

4 (3) by striking out the item relating to the Di5 rector, United States Travel Service, Department of

6 Commerce;

7 (4) by striking out the item relating to the In8 spector General, Department of Commerce;

9 (5) by striking out the item relating to the Di10 rector, National Bureau of Standards, Department

11 of Commerce; and

12 (6) by adding at the end thereof the following:

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

14 (h) The Inspector General Act of 1978 is amended—

15 (1) in subsection 9(a)(1)—

16 (A) by striking out subparagraph (B);

17 (B) by redesignating subparagraphs (C)

18 through (H) as subparagraphs (B) through (G),

19 respectively; and

20 (C) by inserting before subparagraph (I)

21 the following:

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

23 of the Inspector General of the Department of Com24 merce and the Office of the Inspector General of the

25 Department of Commerce relating to the functions
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1 transferred to the Secretary of Trade by section 232

2 of the Trade Reorganization Act of 1992;’’;

3 (2) by striking out ‘‘Commerce,’’ each place it

4 appears in section 11; and

5 (3) by inserting ‘‘Trade,’’ after ‘‘Interior,’’ each

6 place it appears in such section.

7 (i)(1) Chapter 4 of title I of the Trade Act of 1974

8 is amended to read as follows:

9 ‘‘CHAPTER 4—REPRESENTATION IN

10 TRADE NEGOTIATIONS

11 ‘‘SEC. 141. FUNCTIONS OF THE SECRETARY OF TRADE.

12 ‘‘The Secretary of Trade shall—

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

14 States for each trade negotiation under this title or

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

16 title I of the Omnibus Trade and Competitiveness

17 Act of 1988;

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

19 Congress, and be responsible to the President and

20 the Congress for the administration of trade agree21 ments programs under this Act, the Omnibus Trade

22 and Competitiveness Act of 1988, the Trade Expan23 sion Act of 1962, and section 350 of the Tariff Act

24 of 1930;
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1 ‘‘(3) advise the President and Congress with re2 spect to nontariff barriers to international trade,

3 international commodity agreements, and other mat4 ters which are related to the trade agreements pro5 grams; and

6 ‘‘(4) be responsible for making reports to Con7 gress with respect to the matters set forth in clauses

8 (1) and (2).’’.

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

10 Trade Act of 1974 is amended by striking out the items

11 relating to chapter 4 and section 141 and inserting in lieu

12 thereof the following:

‘‘CHAPTER 4—REPRESENTATION IN TRADE NEGOTIATIONS

‘‘Sec. 141. Functions of the Secretary of Trade.’’.

13 (j) The Foreign Service Act of 1980 is amended by

14 striking out paragraph (3) of section 202(a) (22 U.S.C.

15 3922(a)) and inserting in lieu thereof the following:

16 ‘‘(3) The Secretary of Trade may utilize the

17 Foreign Service personnel system in accordance with

18 this Act—

19 ‘‘(A) with respect to the personnel per20 forming functions—

21 ‘‘(i) which were transferred to the De22 partment of Commerce from the Depart23 ment of State by Reorganization Plan No.

24 3 of 1979; and
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1 ‘‘(ii) which were subsequently trans2 ferred to the Secretary of Trade by section

3 232 of the Trade Reorganization Act of

4 1992; and

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

6 Department of Trade to the extent the Presi7 dent determines to be necessary in order to en8 able the Department of Trade to carry out

9 functions which require service abroad.’’.

10 (k)(1) Section 201 of the International Travel Act of

11 1961 (22 U.S.C. 2122) is amended by striking out ‘‘Com12 merce’’ and inserting in lieu thereof ‘‘Trade’’.

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

14 2123(a)(13)) is amended by striking out ‘‘Commerce’’ and

15 inserting in lieu thereof ‘‘Trade’’.

16 (3) Section 301 of such Act (22 U.S.C. 2124) is

17 amended to read as follows:

18 ‘‘SEC. 301. All duties and responsibilities of the Sec19 retary under this Act shall be exercised directly by the

20 Secretary or by the Secretary through the Assistant Sec21 retary of Trade for the United States and Foreign Com22 mercial Service.’’.

23 (4) Section 302(b)(1) of such Act (22 U.S.C.

24 2124a(b)(1)) is amended—
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1 (A) by striking out ‘‘Commerce’’ in subpara2 graph (A) and inserting in lieu thereof ‘‘Trade’’;

3 (B) by striking out ‘‘Under Secretary’’ and in4 serting in lieu thereof ‘‘Assistant Secretary of

5 Trade’’ in subparagraph (B); and

6 (C) by striking out subparagraph (D) and in7 serting in lieu thereof the following:

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

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

10 (5) Section 303(f) of such Act (22 U.S.C. 2124b(f))

11 is amended by striking out ‘‘and shall advise the Assistant

12 Secretary of Trade for the United States and Foreign

13 Commercial Service with respect to the preparation of the

14 marketing plan under section 202(a)(15)’’.

15 REPEALS

16 SEC. 272. (a)(1) The first section of the Act entitled

17 ‘‘An Act to establish the Department of Commerce and

18 Labor’’, approved February 14, 1903 (15 U.S.C. 1501),

19 is repealed.

20 (2) The first section of the Act entitled ‘‘An Act to

21 create a Department of Labor’’, approved March 4, 1913

22 (15 U.S.C. 1501), is amended by striking out beginning

23 with ‘‘and the Department of Commerce and Labor’’

24 through ‘‘accordingly’’.

25 (b) Subsection (a) of the first section of the Act enti26 tled ‘‘An Act to authorize an Under Secretary of Com-
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•HR 2973 IH

1 merce for Economic Affairs’’, approved June 16, 1982 (96

2 Stat. 115; 15 U.S.C. 1503a), is repealed.

3 (c) The Act entitled ‘‘An Act to provide for the ap4 pointment of one additional Assistant Secretary of Com5 merce, and for other purposes’’, approved July 15, 1947

6 (15 U.S.C. 1505), is repealed.

7 (d) The first sentence of section 304 of the Depart8 ment of Commerce Appropriation Act, 1955 (15 U.S.C.

9 1506), is repealed.

10 (e) The Act entitled ‘‘An Act to authorize an addi11 tional Assistant Secretary of Commerce’’, approved Feb12 ruary 16, 1962 (15 U.S.C. 1507), is repealed.

13 (f) Subsection (a) of section 9 of the Maritime Appro14 priation Authorization Act for Fiscal Year 1978 (15

15 U.S.C. 1507b), is repealed.

16 (g)(1) The first section of the Act of March 18, 1904

17 (33 Stat. 135, chapter 716; 15 U.S.C. 1508), is amended

18 by striking out the paragraph relating to the Office of the

19 Solicitor of the Department of Commerce and Labor.

20 (2) Section 2 of the Act of July 17, 1952 (66 Stat.

21 758, chapter 932; 15 U.S.C. 1508), is repealed.

22 (h)(1) Sections 4 and 12 of the Act entitled ‘‘An Act

23 to Establish the Department of Commerce and Labor’’,

24 approved February 14, 1903 (15 U.S.C. 1511), are

25 repealed.
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1 (2) The first section of the Act of August 23, 1912

2 (37 Stat. 407, chapter 350; 15 U.S.C. 1511), is amended

3 by striking out the paragraph relating to the Bureau of

4 Foreign and Domestic Commerce.

5 (3) The first section of the Act of January 5, 1923

6 (42 Stat. 1109, chapter 23; 15 U.S.C. 1511), is repealed.

7 (4) The first section of the Act of May 27, 1936 (49

8 Stat. 1380, chapter 463; 15 U.S.C. 1511), is repealed.

9 (i) Section 8 of the Act entitled ‘‘An Act to establish

10 the Department of Commerce and Labor’’, approved Feb11 ruary 14, 1903 (15 U.S.C. 1519), is repealed.

12 (j) Title III of the Act entitled ‘‘An Act making ap13 propriations for the Departments of State, Justice, and

14 Commerce for the fiscal year ending June 30, 1945, and

15 for other purposes’’, approved June 28, 1944 (15 U.S.C.

16 1521), is amended by striking out the paragraph relating

17 to the working capital fund of the Department of

18 Commerce.

19 (k) Sections 1, 2, and 3 of Public Law 88–611 (15

20 U.S.C. 1522, 1523, and 1524) are repealed.
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1 TITLE III—ESTABLISHMENT OF TECHNOLOGY

2 ADMINISTRATION AS INDEPENDENT AGENCY

3 PART A—ESTABLISHMENT OF TECHNOLOGY

4 ADMINISTRATION

5 SHORT TITLE

6 SEC. 301. This title may be cited as the ‘‘Technology

7 Administration Act of 1992’’.

8 FINDINGS

9 SEC. 302. The Congress finds that the establishment

10 of an independent agency for technology programs shall—

11 (1) provide a focus for technological innovation

12 for industrial and commercial purposes;

13 (2) facilitate the development of a single agency

14 and a unified means for research and development

15 to enhance the United States competitive position in

16 the global economy; and

17 (3) aid in the establishment of a coherent pro18 gram to promote civilian research and development

19 and the commercialization of new technologies.

20 DEFINITIONS

21 SEC. 303. For the purposes of this title—

22 (1) the term ‘‘Administration’’ means the Tech23 nology Administration established under section 304;

24 and

25 (2) the term ‘‘Administrator’’ means the Ad26 ministrator of the Technology Administration.
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1 ESTABLISHMENT

2 SEC. 304. (a) There is established the Technology

3 Administration which shall be an independent establish4 ment as defined under section 104 of title 5, United States

5 Code. The Administration shall be administered by the

6 Administrator of the Technology Administration who shall

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

8 consent of the Senate. The Administration shall be com9 posed of—

10 (1) the National Institute of Standards and

11 Technology established under subsection (c);

12 (2) the National Technical Information Service

13 established under subsection (d);

14 (3) the National Telecommunications Institute

15 established under subsection (e); and

16 (4) the Patent and Trademark Office estab17 lished under subsection (f).

18 (b) There are transferred to the Administration and

19 the Administrator all functions of the Technology Admin20 istration of the Department of Commerce and the Under

21 Secretary for Technology and—

22 (1) all functions performed by the National

23 Institute of Standards and Technology of the De24 partment of Commerce and the Director of the Na-
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•HR 2973 IH

1 tional Institute of Standards and Technology of the

2 Department of Commerce;

3 (2) all functions performed by the National

4 Technical Information Service of the Department of

5 Commerce and the Director of the National Tech6 nical Information Service of the Department of

7 Commerce;

8 (3) all functions performed by the National

9 Telecommunications and Information Administration

10 of the Department of Commerce and the Assistant

11 Secretary for Communications and Information of

12 the Department of Commerce; and

13 (4) all functions performed by the Patent and

14 Trademark Office of the Department of Commerce

15 and the Assistant Secretary and Commissioner of

16 Patents and Trademarks of the Department of

17 Commerce.

18 (c) There is established in the Administration the

19 National Institute of Standards and Technology. The Na20 tional Institute of Standards and Technology shall be ad21 ministered by the Director of the National Institute of

22 Standards and Technology appointed by the President, by

23 and with the consent of the Senate. The Director shall

24 perform all functions (other than administrative and sup-
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•HR 2973 IH

1 port functions) transferred to the Administrator under

2 subsection (a)(1).

3 (d) There is established the National Technical Infor4 mation Service within the Administration. The National

5 Technical Information Service shall be headed by the Di6 rector of the National Technical Information Service ap7 pointed by the President, by and with the consent of the

8 Senate. The Director of the National Technical Informa9 tion Service, shall perform all functions (other than ad10 ministrative and support functions) transferred to the Ad11 ministrator under subsection (a)(2).

12 (e) There is established in the Administration the

13 National Telecommunications Institute. The National

14 Telecommunications Institute shall be administered by the

15 Director of the National Telecommunications Institute ap16 pointed by the President, by and with the consent of the

17 Senate. The Director shall perform all functions (other

18 than administrative and support functions) transferred to

19 the Administrator under subsection (a)(3).

20 (f) There is established in the Administration the

21 Patent and Trademark Office. The Patent and Trademark

22 Office shall be administered by the Commissioner for Pat23 ents and Trademarks appointed by the President, by and

24 with the advice and consent of the Senate. The Adminis25 trator through the Commissioner for Patents and Trade-
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1 marks, shall perform all functions (other than administra2 tive and support functions) transferred to the Adminis3 trator under subsection (a)(4).

4 FUNCTIONS OF THE ADMINISTRATOR

5 SEC. 305. In addition to the functions transferred

6 under section 304 or functions delegated by the President,

7 the Administrator shall—

8 (1) exercise responsibility, through the Steven9 son-Wydler Technology Innovation Act of 1980 (15

10 U.S.C. 3701 et seq.) and other policies, for the Fed11 eral Government’s role in encouraging technological

12 innovation for industrial and commercial purposes;

13 (2) consult and coordinate technology policy

14 with the Office of Science and Technology Policy of

15 the Executive Office of the President;

16 (3) use Federal resources in a manner consist17 ent with the needs and demands of the commercial

18 marketplace to ensure the competitiveness of United

19 States industries;

20 (4) accelerate technology transfer by collecting,

21 condensing, interpreting, synthesizing, adding value,

22 and diffusing to industry innovative technology, re23 search advancements, and ideas for technology,

24 products, and manufacturing processes that are de25 veloped throughout the world;
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1 (5) improve industry manufacturing and com2 mercialization capabilities by creating and maintain3 ing a distributed national network of expertise in

4 manufacturing skills and commercialization methods;

5 and

6 (6) facilitate the transfer of knowledge to start7 up companies and other businesses requesting assist8 ance to strengthen manufacturing skills.

9 CONFORMING AMENDMENTS

10 SEC. 306. (a) The provisions of subchapter II of

11 chapter 53 of title 5, United States Code (as amended by

12 section 271 of this Act) are further amended—

13 (1) in section 5313 by adding at the end

14 thereof:

15 ‘‘Administrator of the Technology Administra16 tion.’’;

17 (2) in section 5314 by striking out the item re18 lating to the Under Secretary of Commerce for

19 Technology and adding at the end thereof:

20 ‘‘Director of the National Technical Informa21 tion Service of the Technology Administration.

22 ‘‘Director of the National Telecommunications

23 Institute of the Technology Administration.

24 ‘‘Commissioner of the Patent and Trademark

25 Office of the Technology Administration.
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1 ‘‘Director of the National Institute of Stand2 ards and Technology of the Technology Administra3 tion.’’; and

4 (3) in section 5316 by striking out the items re5 lating to the Commissioner of Patents, Department

6 of Commerce, the Deputy Commissioner of Patents

7 and Trademarks, the Assistant Commissioner of

8 Patents, and the Assistant Commissioner for

9 Trademarks.

10 (b) The Stevenson-Wydler Technology Innovation Act

11 of 1980 (15 U.S.C. 3701 et seq.) is amended—

12 (1) in section 4 by striking out paragraphs (1)

13 through (3) and inserting in lieu thereof:

14 ‘‘(1) ‘Administration’ means the Technology

15 Administration.

16 ‘‘(2) ‘Administrator’ means the Administrator

17 of the Technology Administration.’’;

18 (2) in section 5—

19 (A) by striking out subsections (a) and (b);

20 (B) in subsection (d) by striking out ‘‘sub21 section (c)’’ and inserting in lieu thereof ‘‘sub22 section (a)’’; and

23 (C) redesignating subsections (c), (d), and

24 (e) as subsections (a), (b), and (c), respectively;
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1 (3) by striking out ‘‘Office’’ each place it ap2 pears and inserting ‘‘Administration’’ in each such

3 place;

4 (4) by striking out ‘‘Secretary’’ each place it

5 appears and inserting ‘‘Administrator’’ in each such

6 place;

7 (5) by striking out ‘‘and the Under Secretary’’

8 each place it appears; and

9 (6) by striking out ‘‘Department of Commerce’’

10 each place it appears and inserting ‘‘Foundation’’ in

11 each such place.

12 (c) Section 212 of the National Technical Informa13 tion Act of 1988 (15 U.S.C. 3704b) is amended—

14 (1) in subsection (a)(1) by striking out ‘‘The

15 Secretary of Commerce, acting through the Director

16 of the National Technical Information Service’’ and

17 inserting in lieu thereof ‘‘The Administrator of the

18 Technology Administration’’;

19 (2) in subsection (f)(1) by striking out ‘‘Sec20 retary of Commerce and’’; and

21 (3) by striking out ‘‘Secretary of Commerce’’

22 and ‘‘Secretary’’ each place it appears and inserting

23 ‘‘Administrator’’ in each such place.
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1 PART B—ADMINISTRATIVE PROVISIONS

2 RULES

3 SEC. 321. In the performance of the functions of the

4 Administrator and the Administration, the Administrator

5 is authorized to make, promulgate, issue, rescind, and

6 amend rules and regulations. The promulgation of such

7 rules and regulations—

8 (1) shall be governed by the provisions of chap9 ter 5 of title 5, United States Code; and

10 (2) shall be after notice and opportunity for full

11 participation by relevant Federal agencies, State

12 agencies, local governments, regional organizations,

13 authorities, councils, and other interested public and

14 private parties.

15 DELEGATION

16 SEC. 322. Except as otherwise provided in this Act,

17 the Administrator may delegate any function to such offi18 cers and employees of the Administration as the Adminis19 trator may designate, and may authorize such successive

20 redelegations of such functions in the Administration as

21 may be necessary or appropriate. No delegation of func22 tions by the Administrator under this section or under any

23 other provision of this Act shall relieve the Administrator

24 of responsibility for the administration of such functions.
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1 PERSONNEL AND SERVICES

2 SEC. 323. (a) In the performance of the functions of

3 the Administrator and in addition to the officers provided

4 for by section 304, the Administrator is authorized to ap5 point, transfer, and fix the compensation of such officers

6 and employees, including attorneys, as may be necessary

7 to carry out the functions of the Administrator and the

8 Administration. Except as otherwise provided by law, such

9 officers and employees shall be appointed in accordance

10 with the civil service laws and compensated in accordance

11 with title 5, United States Code.

12 (b) The Administrator is authorized to obtain the

13 services of experts and consultants in accordance with sec14 tion 3109 of title 5, United States Code.

15 (c) The Administrator is authorized to pay transpor16 tation expenses, and per diem in lieu of subsistence ex17 penses, in accordance with chapter 57 of title 5, United

18 States Code.

19 (d) The Administrator is authorized to utilize, on a

20 reimbursable basis, the services of personnel of any Fed21 eral agency.

22 (e) The Administrator is authorized to appoint such

23 advisory committees as may be appropriate for purposes

24 of consultation and advice to the Administration in carry25 ing out the functions of the Administration.
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1 (f)(1)(A) The Administrator is authorized to accept

2 voluntary and uncompensated services without regard to

3 the provisions of section 1342 of title 31, United States

4 Code, if such services will not be used to displace Federal

5 employees employed on a full-time, part-time, or seasonal

6 basis.

7 (B) The Administrator is authorized to accept volun8 teer service in accordance with the provisions of section

9 3111 of title 5, United States Code.

10 (2) The Administrator is authorized to provide for

11 incidental expenses, including but not limited to transpor12 tation, lodging, and subsistence for such volunteers.

13 (3) An individual who provides voluntary services

14 under paragraph (1)(A) of this subsection shall not be

15 considered a Federal employee for any purpose other than

16 for purposes of chapter 81 of title 5, United States Code,

17 relating to compensation for work injuries, and chapter

18 171 of title 28, United States Code, relating to tort claims.

19 CONTRACTS

20 SEC. 324. The Administrator is authorized, without

21 regard to the provisions of section 3324 of title 31, United

22 States Code, to enter into and perform such contracts,

23 leases, cooperative agreements, or other transactions as

24 may be necessary to carry out the functions of the Admin25 istrator and the Administration. The Administrator may

26 enter into such contracts, leases, agreements, and trans-
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1 actions with any Federal agency or any instrumentality

2 of the United States, or with any State, territory, or pos3 session, or with any political subdivision thereof, or with

4 any person, firm, association, corporation, or educational

5 institution, on such terms and conditions as the Adminis6 trator may consider appropriate. The authority of the Ad7 ministrator to enter into contracts and leases under this

8 section shall be to such extent or in such amounts as are

9 provided in appropriation Acts.

10 USE OF FACILITIES

11 SEC. 325. With their consent, the Administrator may,

12 with or without reimbursement, use the services, equip13 ment, personnel, and facilities of Federal agencies and

14 other public and private agencies, and may cooperate with

15 other public and private agencies and instrumentalities in

16 the use of services, equipment, personnel, and facilities.

17 The head of each Federal agency shall cooperate fully with

18 the Administrator in making the services, equipment, per19 sonnel, and facilities of the Federal agency available to

20 the Administrator. The head of a Federal agency is au21 thorized, notwithstanding any other provision of law, to

22 transfer to or to receive from the Administration, without

23 reimbursement, supplies and equipment other than admin24 istrative supplies or equipment.
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1 SERVICE CHARGES

2 SEC. 326. (a) Notwithstanding any other provision

3 of law, the Administrator may establish reasonable fees

4 and commissions with respect to applications, documents,

5 awards, loans, grants, research data, services, and assist6 ance and may change and abolish such fees and commis7 sions. Prior to establishing, changing, or abolishing any

8 schedule of fees or commissions under this section, the Ad9 ministrator may submit such schedule to the Congress.

10 (b) The Administrator is authorized to require a de11 posit before the Administrator provides any item, informa12 tion, service, or assistance for which a fee or commission

13 is required under this section.

14 (c) Moneys received under this section shall be depos15 ited with the Treasury in a special account for use by the

16 Administrator and are authorized to be appropriated and

17 made available until expended.

18 (d) In establishing reasonable fees or commissions

19 under this section, the Administrator may take into con20 sideration—

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

22 providing items, information, services, or assistance;

23 (2) the efficiency of the Government in provid24 ing such items, information, services, or assistance;
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1 (3) the portion of the cost that will be incurred

2 in providing such items, information, services, or as3 sistance which may be attributed to benefits for the

4 general public interest rather than to exclusive bene5 fits for the applicant;

6 (4) any public service which occurs through the

7 provision of such items, information, services, or as8 sistance; and

9 (5) such other factors as the Administrator con10 siders relevant.

11 (e) In any case in which the Administrator deter12 mines that any person has made a payment which is not

13 required under this section or has made a payment which

14 is in excess of the amount required under this section, the

15 Administrator, upon application or otherwise, may cause

16 a refund to be made from applicable funds.

17 ACQUISITION AND MAINTENANCE OF PROPERTY

18 SEC. 327. (a) The Administrator is authorized—

19 (1) to acquire (by purchase, lease, condemna20 tion, or otherwise), construct, improve, repair, oper21 ate, and maintain—

22 (A) laboratories;

23 (B) research and testing sites and facili24 ties;
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1 (C) quarters and related accommodations

2 for employees and dependents of employees of

3 the Administration; and

4 (D) such other real and personal property

5 (including patents), or any interest therein

6 within and outside the continental United

7 States;

8 (2) to lease to others such real and personal

9 property; and

10 (3) to provide by contract or otherwise for eat11 ing facilities and other necessary facilities for the

12 welfare of employees of the Administration at its in13 stallations and to purchase and maintain equipment

14 therefor.

15 (b) Title to any property or interest therein acquired

16 pursuant to this section shall be in the United States.

17 (c) The authority granted by subsection (a) of this

18 section shall be available only with respect to facilities of

19 a special purpose nature that cannot readily be reassigned

20 from similar Federal activities and are not otherwise avail21 able for assignment to the Administration by the Adminis22 trator of General Services.

23 (d) The authority of the Administrator to enter into

24 contracts and leases under this section shall be to such
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1 extent or in such amounts as are provided in appropriation

2 Acts.

3 FACILITIES AT REMOTE LOCATIONS

4 SEC. 328. (a) The Administrator is authorized to pro5 vide, construct, or maintain for employees and their de6 pendents stationed at remote locations as necessary and

7 when not otherwise available at such remote locations—

8 (1) emergency medical services and supplies;

9 (2) food and other subsistence supplies;

10 (3) meeting facilities;

11 (4) audiovisual equipment, accessories, and sup12 plies for recreation and training;

13 (5) reimbursement for food, clothing, medicine,

14 and other supplies furnished by such employees in

15 emergencies for the temporary relief of distressed

16 persons;

17 (6) living and working quarters and facilities;

18 and

19 (7) transportation for school-age dependents of

20 employees to the nearest appropriate educational

21 facilities.

22 (b) The furnishing of medical treatment under para23 graph (1) of subsection (a) and the furnishing of services

24 and supplies under paragraphs (2) and (3) of such sub25 section shall be at prices reflecting reasonable value as de26 termined by the Administrator.
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1 (c) Proceeds derived from reimbursements under this

2 section shall be deposited in the Treasury and may be

3 withdrawn by the Administrator to pay directly the cost

4 of work or services provided under this section, to repay

5 or make advances to appropriations of funds which do or

6 will bear all or a part of such cost, or to refund excess

7 sums when necessary, except that such payments may be

8 credited to a service or working capital fund otherwise es9 tablished by law, and used under the law governing such

10 funds if the fund is available for use by the Administrator

11 for performing the work or services for which payment is

12 received.

13 COPYRIGHTS AND PATENTS

14 SEC. 329. The Administrator is authorized to acquire

15 any of the following described rights if the property ac16 quired thereby is for use in, or is useful to, the per17 formance of functions of the Administrator or the

18 Administration:

19 (1) Copyrights, patents, and applications for

20 patents, designs, processes, specifications, and data.

21 (2) Licenses under copyrights, patents, and ap22 plications for patents.

23 (3) Releases, before an action is brought, for

24 past infringement of patents of copyrights.
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1 GIFTS AND BEQUESTS

2 SEC. 330. The Administrator is authorized to accept,

3 hold, administer and utilize gifts, donations, or bequests

4 of property, real or personal, tangible or intangible, and

5 contributions of money for purposes of aiding or facilitat6 ing the work of the Administrator or the Administration.

7 For the purposes of Federal income, estate, and gift taxes,

8 and State taxes, property accepted under this subsection

9 shall be considered a gift or bequest to the United States.

10 TRANSFERS OF FUNDS FROM OTHER FEDERAL AGENCIES

11 SEC. 331. The Administrator is authorized to accept

12 transfers from other Federal agencies of funds which are

13 available to carry out functions transferred by this Act to

14 the Administrator or functions assigned by law to the Ad15 ministrator after the date of enactment of this Act.

16 WORKING CAPITAL FUND

17 SEC. 332. (a) The Administrator is authorized to es18 tablish for the Administration a working capital fund, to

19 be available without fiscal year limitation, for expenses

20 necessary for the maintenance and operation of such com21 mon administrative services as the Administrator shall

22 find to be desirable in the interest of economy and effi23 ciency, including such services as—

24 (1) a central supply service for stationery and

25 other supplies and equipment for which adequate

26 stocks may be maintained to meet in whole or in
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1 part the requirements of the Administration and its

2 components;

3 (2) central messenger, mail, and telephone serv4 ice and other communications service;

5 (3) office space, central services for document

6 reproduction and for graphics and visual aids; and

7 (4) a central library service.

8 (b) The capital of the fund shall consist of any appro9 priations made for the purpose of providing working cap10 ital and the fair and reasonable value of such stocks of

11 supplies, equipment, and other assets and inventories on

12 order as the Administrator may transfer to the fund, less

13 the related liabilities and unpaid obligations. Such funds

14 shall be reimbursed in advance from available funds of

15 agencies and offices in the Administration, or from other

16 sources, for supplies and services at rates which will ap17 proximate the expense of operation, including the accrual

18 of annual leave and the depreciation of equipment. The

19 fund shall also be credited with receipts from sale or ex20 change of property and receipts in payment for loss or

21 damage to property owned by the fund. There shall be cov22 ered into the United States Treasury as miscellaneous re23 ceipts any surplus of the fund (all assets, liabilities, and

24 prior losses considered) above the amounts transferred or

25 appropriated to establish and maintain such fund. There
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1 shall be transferred to the fund the stocks of supplies,

2 equipment, other assets, liabilities, and unpaid obligations

3 relating to those services which the Administrator deter4 mines will be performed.

5 SEAL OF ADMINISTRATION

6 SEC. 333. The Administrator shall cause a seal of

7 office to be made for the Administration of such design

8 as the Administrator shall approve. Judicial notice shall

9 be taken of such seal.

10 ANNUAL REPORT

11 SEC. 334. (a) As soon as is practicable after the close

12 of each fiscal year, the Administrator shall submit to the

13 President a report on the activities of the Administration

14 during the preceding fiscal year. The President shall

15 transmit each such report to the Speaker of the House

16 of Representatives and the President pro tempore of the

17 Senate not later than December 31 of each year.

18 (b) Each Federal agency shall, without charge, pro19 vide the Administrator with such data and information as

20 the Administrator may request to carry out this section.

21 Each Federal agency shall, on a cost reimbursable basis,

22 provide the Administrator with such services and person23 nel as the Administrator may request to carry out this

24 section.

25 (c)(1) The Administrator is authorized to include in

26 the report required by subsection (a) for each fiscal year
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1 a report on any program or activity carried out by the

2 Administrator during such fiscal year.

3 (2) Notwithstanding any other provision of law, the

4 inclusion by the Administrator in the report required by

5 subsection (a) for any fiscal year of a report on any pro6 gram or activity carried out by the Administrator during

7 such fiscal year shall be considered compliance with any

8 requirement established by law or regulation that the Ad9 ministrator prepare a report with respect to the adminis10 tration of such program or activity during all or part of

11 such fiscal year. If the Administrator includes in the re12 port required under subsection (a) for any fiscal year a

13 report on any program or activity, the Administrator shall

14 include in such report all items required to be included

15 in the report with respect to such program or activity re16 quired to be prepared by law or regulation.

17 STATUS OF ADMINISTRATION UNDER CERTAIN LAWS

18 SEC. 335. For purposes of section 552b of title 5,

19 United States Code, the Administration is an agency. For

20 purposes of chapter 9 of such title, the Administration is

21 an independent regulatory agency.
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1 TITLE IV—ESTABLISHMENT OF NATIONAL OCE2 ANIC AND ATMOSPHERIC ADMINISTRATION

3 AS AN INDEPENDENT AGENCY

4 PART A—ESTABLISHMENT OF ADMINISTRATION

5 SHORT TITLE

6 SEC. 401. This title may be cited as the ‘‘National

7 Oceanic and Atmospheric Administration Act of 1993’’.

8 FINDINGS

9 SEC. 402. The Congress finds that the establishment

10 of an independent agency for ocean, coastal, and atmos11 pheric programs will—

12 (1) provide a focus for ocean, coastal, and at13 mospheric activities;

14 (2) facilitate the development of a single agency

15 and a unified means for research concerning ocean,

16 coastal, and atmospheric programs; and

17 (3) aid in the establishment of a coherent pro18 gram to promote understanding, assessment, devel19 opment, management, conservation, and protection

20 of ocean, coastal, and atmospheric environments.

21 DEFINITIONS

22 SEC. 403. For the purposes of this title—

23 (1) the term ‘‘Administration’’ means the Na24 tional Oceanic and Atmospheric Administration es25 tablished under section 404; and
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1 (2) the term ‘‘Administrator’’ means the Ad2 ministrator of the National Oceanic and Atmos3 pheric Administration.

4 ESTABLISHMENT

5 SEC. 404. There is established as an independent es6 tablishment of the Government the National Oceanic and

7 Atmospheric Administration. The Administration shall

8 succeed the National Oceanic and Atmospheric Adminis9 tration of the Department of Commerce in existence on

10 the day before the effective date of this Act.

11 OFFICERS

12 SEC. 405. (a) The Administration shall be adminis13 tered by an Administrator, who shall be appointed by the

14 President, by and with the advice and consent of the Sen15 ate. The Administrator shall carry out all functions trans16 ferred to the Administrator by this Act and shall have au17 thority and control over all personnel, programs, and ac18 tivities of the Administration.

19 (b) There shall be in the Administration a Deputy

20 Administrator, who shall be appointed by the President,

21 by and with the advice and consent of the Senate. The

22 Deputy Administrator shall perform such functions as the

23 Administrator shall prescribe. The Deputy Administrator

24 shall act for and perform the functions of the Adminis25 trator during the absence or disability of the Adminis-
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1 trator, or in the event of a vacancy in the office of the

2 Administrator.

3 (c) There shall be in the Administration an Associate

4 Administrator, who shall be appointed by the President,

5 by and with the advice and consent of the Senate. The

6 Associate Administrator shall perform such functions as

7 the Administrator shall prescribe. The Associate Adminis8 trator shall act for and perform the functions of the Ad9 ministrator during the absence or disability of the Admin10 istrator and the Deputy Administrator or in the event of

11 a vacancy in both of those offices.

12 (d) There shall be in the Administration not less than

13 five and not more than seven Assistant Administrators,

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

15 advice and consent of the Senate. The Assistant Adminis16 trators shall perform such functions as the Administrator

17 shall prescribe. The Administrator shall designate the

18 order in which the Assistant Administrators shall act for

19 and perform the functions of the Administrator during the

20 absence or disability of the Administrator, the Deputy Ad21 ministrator, and the Associate Administrator, or in the

22 event of vacancies in all of those offices.

23 (e) There shall be in the Administration a General

24 Counsel, who shall be appointed by the President, by and

25 with the advice and consent of the Senate. The General
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1 Counsel shall be the chief legal officer for all legal matters

2 arising from the conduct of the functions of the

3 Administration.

4 (f)(1) There shall be in the Administration a Com5 missioned Officer Corps, which shall be the Commissioned

6 Officer Corps of the National Oceanic and Atmospheric

7 Administration established by Reorganization Plan No. 4

8 of 1970. Members of the Corps, including those appointed

9 after the effective date of this Act, shall be entitled to all

10 rights, privileges, and benefits available under any law to

11 commissioned officers of the Commissioned Officer Corps

12 of the National Oceanic and Atmospheric Administration

13 of the Department of Commerce on the day before the

14 effective date of this Act.

15 (2) All laws and regulations applicable to commis16 sioned officers of the National Oceanic and Atmospheric

17 Administration of the Department of Commerce on the

18 day before the effective date of this Act shall be applicable

19 to commissioned officers of the Administration.

20 (g) The Secretary of the Navy may detail to the Ad21 ministrator, on an additional-duty basis, a Navy flag offi22 cer of the rank of rear admiral, who shall serve and be

23 designated as the Naval Deputy to the Administrator. The

24 Naval Deputy shall—
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1 (1) act as a liaison between the Administrator

2 and the Secretary of the Navy in order to avoid du3 plication of Federal oceanographic activities;

4 (2) act to maintain a close relationship between

5 the Administration and the Navy in research and de6 velopment; and

7 (3) ensure that national security considerations

8 are addressed by the Administrator in formulating

9 policies.

10 (h)(1) There shall be in the Administration a Direc11 tor of the national sea grant college program, who shall

12 be appointed by the Administrator and who shall be a

13 qualified individual who has knowledge or expertise in

14 fields relating to ocean and coastal resources and appro15 priate administrative experience. The Director of the na16 tional sea grant college program shall be appointed with17 out regard to the provisions of title 5, United States Code,

18 governing appointments in the competitive service, and

19 shall be compensated at a rate not in excess of the maxi20 mum rate for a position above GS–15 of the General

21 Schedule.

22 (2) The Director of the national sea grant college pro23 gram shall administer the national sea grant college pro24 gram subject to the supervision of the Administrator and
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1 in accordance with functions prescribed by law or by the

2 Administrator.

3 TRANSFER OF THE NATIONAL OCEANIC AND ATMOS4 PHERIC ADMINISTRATION FROM THE DEPARTMENT

5 OF COMMERCE

6 SEC. 406. (a)(1) The National Oceanic and Atmos7 pheric Administration of the Department of Commerce is

8 transferred to the Administration.

9 (2) All functions of the Secretary of Commerce or the

10 Department of Commerce with respect to or being admin11 istered through the National Oceanic and Atmospheric

12 Administration of the Department of Commerce or the

13 Administrator of such Administration on the day before

14 the effective date of this Act are transferred to the Admin15 istrator appointed under section 405(a).

16 (3) All functions of the National Oceanic and Atmos17 pheric Administration of the Department of Commerce or

18 the Administrator of such Administration are transferred

19 to the Administrator appointed under section 405(a).

20 PART B—ADMINISTRATIVE PROVISIONS

21 RULES

22 SEC. 411. In the performance of the functions of the

23 Administrator and the Administration, the Administrator

24 is authorized to make, promulgate, issue, rescind, and

25 amend rules and regulations. The promulgation of such

26 rules and regulations—
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1 (1) shall be governed by the provisions of chap2 ter 5 of title 5, United States Code; and

3 (2) shall be after notice and opportunity for full

4 participation by relevant Federal agencies, State

5 agencies, local governments, regional organizations,

6 authorities, councils, and other interested public and

7 private parties.

8 DELEGATION

9 SEC. 412. Except as otherwise provided in this Act,

10 the Administrator may delegate any function to such offi11 cers and employees of the Administration as the Adminis12 trator may designate, and may authorize such successive

13 redelegations of such functions in the Administration as

14 may be necessary or appropriate. No delegation of func15 tions by the Administrator under this section or under any

16 other provision of this Act shall relieve the Administrator

17 of responsibility for the administration of such functions.

18 PERSONNEL AND SERVICES

19 SEC. 413. (a) In the performance of the functions of

20 the Administrator and in addition to the officers provided

21 for by section 305, the Administrator is authorized to ap22 point, transfer, and fix the compensation of such officers

23 and employees, including attorneys, as may be necessary

24 to carry out the functions of the Administrator and the

25 Administration. Except as otherwise provided by law, such

26 officers and employees shall be appointed in accordance
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1 with the civil service laws and compensated in accordance

2 with title 5, United States Code.

3 (b) The Administrator is authorized to obtain the

4 services of experts and consultants in accordance with sec5 tion 3109 of title 5, United States Code.

6 (c) The Administrator is authorized to pay transpor7 tation expenses, and per diem in lieu of subsistence ex8 penses, in accordance with chapter 57 of title 5, United

9 States Code.

10 (d) The Administrator is authorized to utilize, on a

11 reimbursable basis, the services of personnel of any Fed12 eral agency. With the approval of the President, the Ad13 ministrator is authorized to enter into cooperative agree14 ments under which members of the Army, Navy, Air

15 Force, and Marine Corps may be detailed by the Secretary

16 of the Army, the Navy, or the Air Force, as the case may

17 be, to assist the Administrator in carrying out the func18 tions of the Administrator. Members of the Army, Navy,

19 Air Force, or Marine Corps detailed to carry out functions

20 under this section shall carry out such functions to the

21 same extent as that to which such members might be law22 fully assigned in the Department of Defense.

23 (e) The Administrator is authorized to appoint such

24 advisory committees as may be appropriate for purposes
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1 of consultation and advice to the Administration in carry2 ing out the functions of the Administration.

3 (f)(1)(A) The Administrator is authorized to accept

4 voluntary and uncompensated services without regard to

5 the provisions of section 1342 of title 31, United States

6 Code, if such services will not be used to displace Federal

7 employees employed on a full-time, part-time, or seasonal

8 basis.

9 (B) The Administrator is authorized to accept volun10 teer service in accordance with the provisions of section

11 3111 of title 5, United States Code.

12 (2) The Administrator is authorized to provide for

13 incidental expenses, including but not limited to transpor14 tation, lodging, and subsistence for such volunteers.

15 (3) An individual who provides voluntary services

16 under paragraph (1)(A) of this subsection shall not be

17 considered a Federal employee for any purpose other than

18 for purposes of chapter 81 of title 5, United States Code,

19 relating to compensation for work injuries, and chapter

20 171 of title 28, United States Code, relating to tort claims.

21 CONTRACTS

22 SEC. 414. The Administrator is authorized, without

23 regard to the provisions of section 3324 of title 31, United

24 States Code, to enter into and perform such contracts,

25 leases, cooperative agreements, or other transactions as

26 may be necessary to carry out the functions of the Admin-
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1 istrator and the Administration. The Administrator may

2 enter into such contracts, leases, agreements, and trans3 actions with any Federal agency or any instrumentality

4 of the United States, or with any State, territory, or pos5 session, or with any political subdivision thereof, or with

6 any person, firm, association, corporation, or educational

7 institution, on such terms and conditions as the Adminis8 trator may consider appropriate. The authority of the Ad9 ministrator to enter into contracts and leases under this

10 section shall be to such extent or in such amounts as are

11 provided in appropriation Acts.

12 USE OF FACILITIES

13 SEC. 415. With their consent, the Administrator may,

14 with or without reimbursement, use the services, equip15 ment, personnel, and facilities of Federal agencies and

16 other public and private agencies, and may cooperate with

17 other public and private agencies and instrumentalities in

18 the use of services, equipment, personnel, and facilities.

19 The head of each Federal agency shall cooperate fully with

20 the Administrator in making the services, equipment, per21 sonnel, and facilities of the Federal agency available to

22 the Administrator. The head of a Federal agency is au23 thorized, notwithstanding any other provision of law, to

24 transfer to or to receive from the Administration, without

25 reimbursement, supplies and equipment other than admin26 istrative supplies or equipment.
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1 SERVICE CHARGES

2 SEC. 416. (a) Notwithstanding any other provision

3 of law, the Administrator may establish reasonable fees

4 and commissions with respect to applications, documents,

5 awards, loans, grants, research data, services, and assist6 ance and may change and abolish such fees and commis7 sions. Prior to establishing, changing, or abolishing any

8 schedule of fees or commissions under this section, the Ad9 ministrator may submit such schedule to the Congress.

10 (b) The Administrator is authorized to require a de11 posit before the Administrator provides any item, informa12 tion, service, or assistance for which a fee or commission

13 is required under this section.

14 (c) Moneys received under this section shall be depos15 ited with the Treasury in a special account for use by the

16 Administrator and are authorized to be appropriated and

17 made available until expended.

18 (d) In establishing reasonable fees or commissions

19 under this section, the Administrator may take into con20 sideration—

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

22 providing items, information, services, or assistance;

23 (2) the efficiency of the Government in provid24 ing such items, information, services, or assistance;
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1 (3) the portion of the cost that will be incurred

2 in providing such items, information, services, or as3 sistance which may be attributed to benefits for the

4 general public interest rather than to exclusive bene5 fits for the applicant;

6 (4) any public service which occurs through the

7 provision of such items, information, services, or as8 sistance; and

9 (5) such other factors as the Administrator con10 siders relevant.

11 (e) In any case in which the Administrator deter12 mines that any person has made a payment which is not

13 required under this section or has made a payment which

14 is in excess of the amount required under this section, the

15 Administrator, upon application or otherwise, may cause

16 a refund to be made from applicable funds.

17 ACQUISITION AND MAINTENANCE OF PROPERTY

18 SEC. 417. (a) The Administrator is authorized—

19 (1) to acquire (by purchase, lease, condemna20 tion, or otherwise) construct, improve, repair, oper21 ate, and maintain—

22 (A) laboratories;

23 (B) research and testing sites and facili24 ties;
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1 (C) quarters and related accommodations

2 for employees and dependents of employees of

3 the Administration; and

4 (D) such other real and personal property

5 (including patents), or any interest therein

6 within and outside the continental United

7 States,

8 as the Administrator considers necessary;

9 (2) to lease to others such real and personal

10 property; and

11 (3) to provide by contract or otherwise for eat12 ing facilities and other necessary facilities for the

13 welfare of employees of the Administration at its in14 stallations and to purchase and maintain equipment

15 therefor.

16 (b) Title to any property or interest therein acquired

17 pursuant to this section shall be in the United States.

18 (c) The authority granted by subsection (a) of this

19 section shall be available only with respect to facilities of

20 a special purpose nature that cannot readily be reassigned

21 from similar Federal activities and are not otherwise avail22 able for assignment to the Administration by the Adminis23 trator of General Services.

24 (d) The authority of the Administrator to enter into

25 contracts and leases under this section shall be to such
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1 extent or in such amounts as are provided in appropriation

2 Acts.

3 FACILITIES AT REMOTE LOCATIONS

4 SEC. 418. (a) The Administrator is authorized to pro5 vide, construct, or maintain for employees and their de6 pendents stationed at remote locations as necessary and

7 when not otherwise available at such remote locations—

8 (1) emergency medical services and supplies;

9 (2) food and other subsistence supplies;

10 (3) meeting facilities;

11 (4) audiovisual equipment, accessories, and sup12 plies for recreation and training;

13 (5) reimbursement for food, clothing, medicine,

14 and other supplies furnished by such employees in

15 emergencies for the temporary relief of distressed

16 persons;

17 (6) living and working quarters and facilities;

18 and

19 (7) transportation for school-age dependents of

20 employees to the nearest appropriate educational

21 facilities.

22 (b) The furnishing of medical treatment under para23 graph (1) of subsection (a) and the furnishing of services

24 and supplies under paragraphs (2) and (3) of such sub25 section shall be at prices reflecting reasonable value as de26 termined by the Administrator.
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1 (c) Proceeds derived from reimbursements under this

2 section shall be deposited in the Treasury and may be

3 withdrawn by the Administrator to pay directly the cost

4 of work or services provided under this section, to repay

5 or make advances to appropriations of funds which do or

6 will bear all or a part of such cost, or to refund excess

7 sums when necessary, except that such payments may be

8 credited to a service or working capital fund otherwise es9 tablished by law, and used under the law governing such

10 funds if the fund is available for use by the Administrator

11 for performing the work or services for which payment is

12 received.

13 COPYRIGHTS AND PATENTS

14 SEC. 419. The Administrator is authorized to acquire

15 any of the following described rights if the property ac16 quired thereby is for use in, or is useful to, the per17 formance of functions of the Administrator or the

18 Administration:

19 (1) Copyrights, patents, and applications for

20 patents, designs, processes, specifications, and data.

21 (2) Licenses under copyrights, patents, and ap22 plications for patents.

23 (3) Releases, before an action is brought, for

24 past infringement of patents of copyrights.
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1 GIFTS AND BEQUESTS

2 SEC. 420. The Administrator is authorized to accept,

3 hold, administer and utilize gifts, donations, or bequests

4 of property, real or personal, tangible or intangible, and

5 contributions of money for purposes of aiding or facilitat6 ing the work of the Administrator or the Administration.

7 For the purposes of Federal income, estate, and gift taxes,

8 and State taxes, property accepted under this subsection

9 shall be considered a gift or bequest to the United States.

10 TRANSFERS OF FUNDS FROM OTHER FEDERAL AGENCIES

11 SEC. 421. The Administrator is authorized to accept

12 transfers from other Federal agencies of funds which are

13 available to carry out functions transferred by this Act to

14 the Administrator or functions assigned by law to the Ad15 ministrator after the date of enactment of this Act.

16 WORKING CAPITAL FUND

17 SEC. 422. (a) The Administrator is authorized to es18 tablish for the Administration a working capital fund, to

19 be available without fiscal year limitation, for expenses

20 necessary for the maintenance and operation of such com21 mon administrative services as the Administrator shall

22 find to be desirable in the interest of economy and effi23 ciency, including such services as—

24 (1) a central supply service for stationery and

25 other supplies and equipment for which adequate

26 stocks may be maintained to meet in whole or in
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1 part the requirements of the Administration and its

2 components;

3 (2) central messenger, mail, and telephone serv4 ice and other communications service;

5 (3) office space, central services for document

6 reproduction and for graphics and visual aids; and

7 (4) a central library service.

8 (b) The capital of the fund shall consist of any appro9 priations made for the purpose of providing working cap10 ital and the fair and reasonable value of such stocks of

11 supplies, equipment, and other assets and inventories on

12 order as the Administrator may transfer to the fund, less

13 the related liabilities and unpaid obligations. Such funds

14 shall be reimbursed in advance from available funds of

15 agencies and offices in the Administration, or from other

16 sources, for supplies and services at rates which will ap17 proximate the expense of operation, including the accrual

18 of annual leave and the depreciation of equipment. The

19 fund shall also be credited with receipts from sale or ex20 change of property and receipts in payment for loss or

21 damage to property owned by the fund. There shall be cov22 ered into the United States Treasury as miscellaneous re23 ceipts any surplus of the fund (all assets, liabilities, and

24 prior losses considered) above the amounts transferred or

25 appropriated to establish and maintain such fund. There
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1 shall be transferred to the fund the stocks of supplies,

2 equipment, other assets, liabilities, and unpaid obligations

3 relating to those services which the Administrator deter4 mines will be performed.

5 SEAL OF ADMINISTRATION

6 SEC. 423. The Administrator shall cause a seal of

7 office to be made for the Administration of such design

8 as the Administrator shall approve. Judicial notice shall

9 be taken of such seal.

10 ANNUAL REPORT

11 SEC. 424. (a) As soon as is practicable after the close

12 of each fiscal year, the Administrator shall submit to the

13 President a report on the activities of the Administration

14 during the preceding fiscal year. The President shall

15 transmit each such report to the Speaker of the House

16 of Representatives and the President pro tempore of the

17 Senate not later than December 31 of each year.

18 (b) Each Federal agency shall, without charge, pro19 vide the Administrator with such data and information as

20 the Administrator may request to carry out this section.

21 Each Federal agency shall, on a cost reimbursable basis,

22 provide the Administrator with such services and person23 nel as the Administrator may request to carry out this

24 section.

25 (c)(1) The Administrator is authorized to include in

26 the report required by subsection (a) for each fiscal year
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1 a report on any program or activity carried out by the

2 Administrator during such fiscal year.

3 (2) Notwithstanding any other provision of law, the

4 inclusion by the Administrator in the report required by

5 subsection (a) for any fiscal year of a report on any pro6 gram or activity carried out by the Administrator during

7 such fiscal year shall be considered compliance with any

8 requirement established by law or regulation that the Ad9 ministrator prepare a report with respect to the adminis10 tration of such program or activity during all or part of

11 such fiscal year. If the Administrator includes in the re12 port required under subsection (a) for any fiscal year a

13 report on any program or activity, the Administrator shall

14 include in such report all items required to be included

15 in the report with respect to such program or activity re16 quired to be prepared by law or regulation.

17 STATUS OF ADMINISTRATION UNDER CERTAIN LAWS

18 SEC. 425. For purposes of section 552b of title 5,

19 United States Code, the Administration is an agency. For

20 purposes of chapter 9 of such title, the Administration is

21 an independent regulatory agency.

22 SALARY OF ASSISTANT ADMINISTRATORS

23 SEC. 426. Section 5316 of title 5, United States Code

24 (as amended by section 271(g) of this Act), is further

25 amended—
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1 (1) by striking out the items relating to the As2 sistant Administrator for Coastal Zone Management,

3 National Oceanic and Atmospheric Administration,

4 the Assistant Administrator for Fisheries, National

5 Oceanic and Atmospheric Administration, and the

6 Assistant Administrators, National Oceanic and At7 mospheric Administration; and

8 (2) by adding at the end thereof the following:

9 ‘‘Assistant Administrators, National Oceanic

10 and Atmospheric Administration.’’.

11 COORDINATION OF ENVIRONMENTAL POLICY

12 SEC. 427. The Administration shall consult and co13 ordinate environmental policy with the Council on Envi14 ronmental Quality of the Executive Office of the

15 President.

16 TITLE V—ESTABLISHMENT OF ECONOMIC DE17 VELOPMENT ADMINISTRATION AS AN INDE18 PENDENT AGENCY

19 PART A—ESTABLISHMENT OF ECONOMIC

20 DEVELOPMENT ADMINISTRATION

21 SHORT TITLE

22 SEC. 501. This title may be cited as the ‘‘Economic

23 Development Administration Act of 1993’’.

24 FINDINGS

25 SEC. 502. The Congress finds that the establishment

26 of an independent agency for economic development will—
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1 (1) provide a focus for economic development

2 activities; and

3 (2) facilitate the development of a single agency

4 and a unified means for research concerning eco5 nomic development programs.

6 ESTABLISHMENT

7 SEC. 503. There is established as an independent es8 tablishment of the Government the Economic Develop9 ment Administration. The Administration shall succeed

10 the Economic Development Administration of the Depart11 ment of Commerce in existence on the day before the ef12 fective date of this Act.

13 PART B—ADMINISTRATIVE PROVISIONS

14 RULES

15 SEC. 504. In the performance of the functions of the

16 Administrator and the Administration, the Administrator

17 is authorized to make, promulgate, issue, rescind, and

18 amend rules and regulations. The promulgation of such

19 rules and regulations—

20 (1) shall be governed by the provisions of title

21 V, United States Code; and

22 (2) shall be after notice and opportunity for full

23 participation by relevant Federal agencies, State

24 agencies, local governments, regional organizations,

25 authorities, councils, and other interested public and

26 private parties.
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1 DELEGATION

2 SEC. 505. Except as otherwise provided in this Act,

3 the Administrator may delegate any function to such offi4 cers and employees of the Administration as the Adminis5 trator may designate, and may authorize such successive

6 redelegations of such functions in the Administration as

7 may be necessary or appropriate. No delegation of func8 tions by the Administrator under this section or under any

9 other provision of this Act shall relieve the Administrator

10 of responsibility for the administration of such functions.

11 PERSONNEL AND SERVICES

12 SEC. 506. (a) In the performance of the functions of

13 the Administrator and in addition to the officers provided

14 for by section 305, the Administrator is authorized to ap15 point, transfer, and fix the compensation of such officers

16 and employees, including attorneys, as may be necessary

17 to carry out the functions of the Administrator and the

18 Administration. Except as otherwise provided by law, such

19 officers and employees shall be appointed in accordance

20 with the civil service laws and compensated in accordance

21 with title 5, United States Code.

22 (b) The Administrator is authorized to obtain the

23 services of experts and consultants in accordance with sec24 tion 3109 of title 5, United States Code.

25 (c) The Administrator is authorized to pay transpor26 tation expenses, and per diem in lieu of subsistence ex-
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1 penses, in accordance with chapter 57 of title 5, United

2 States Code.

3 (d) The Administrator is authorized to utilize, on a

4 reimbursable basis, the services of personnel of any Fed5 eral agency. With the approval of the President, the Ad6 ministrator is authorized to enter into cooperative agree7 ments under which members of the Army, Navy, Air

8 Force, and Marine Corps may be detailed by the Secretary

9 of the Army, the Navy, or the Air Force, as the case may

10 be, to assist the Administrator in carrying out the func11 tions of the Administrator. Members of the Army, Navy,

12 Air Force, or Marine Corps detailed to carry out functions

13 under this section shall carry out such functions to the

14 same extent as that to which such members might be law15 fully assigned in the Department of Defense.

16 (e) The Administrator is authorized to appoint such

17 advisory committees as may be appropriate for purposes

18 of consultation and advice to the Administration in carry19 ing out the functions of the Administration.

20 (f)(1)(A) The Administrator is authorized to accept

21 voluntary and uncompensated services without regard to

22 the provisions of section 1342 of title 31, United States

23 Code, if such services will not be used to displace Federal

24 employees employed on a full-time, part-time, or seasonal

25 basis.
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1 (B) The Administrator is authorized to accept volun2 teer service in accordance with the provisions of section

3 3111 of title 5, United States Code.

4 (2) The Administrator is authorized to provide for

5 incidental expenses, including but not limited to transpor6 tation, lodging, and subsistence for such volunteers.

7 (3) An individual who provides voluntary services

8 under paragraph (1)(A) of this subsection shall not be

9 considered a Federal employee for any purpose other than

10 for purposes of chapter 81 of title 5, United States Code,

11 relating to compensation for work injuries, and chapter

12 171 of title 28, United States Code, relating to tort claims.

13 CONTRACTS

14 SEC. 507. The Administrator is authorized, without

15 regard to the provisions of section 3324 of title 31, United

16 States Code, to enter into and perform such contracts,

17 leases, cooperative agreements, or other transactions as

18 may be necessary to carry out the functions of the Admin19 istrator and the Administration. The Administrator may

20 enter into such contracts, leases, agreements, and trans21 actions with any Federal agency or any instrumentality

22 of the United States, or with any State, territory, or pos23 session, or with any political subdivision thereof, or with

24 any person, firm, association, corporation, or educational

25 institution, on such terms and conditions as the Adminis26 trator may consider appropriate. The authority of the Ad-
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•HR 2973 IH

1 ministrator to enter into contracts and leases under this

2 section shall be to such extent or in such amounts as are

3 provided in appropriation Acts.

4 USE OF FACILITIES

5 SEC. 508. With their consent, the Administrator may,

6 with or without reimbursement, use the services, equip7 ment, personnel, and facilities of Federal agencies and

8 other public and private agencies, and may cooperate with

9 other public and private agencies and instrumentalities in

10 the use of services, equipment, personnel, and facilities.

11 The head of each Federal agency shall cooperate fully with

12 the Administrator in making the services, equipment, per13 sonnel, and facilities of the Federal agency available to

14 the Administrator. The head of a Federal agency is au15 thorized, notwithstanding any other provision of law, to

16 transfer to or to receive from the Administration, without

17 reimbursement, supplies and equipment other than admin18 istrative supplies or equipment.

19 SERVICE CHARGES

20 SEC. 509. (a) Notwithstanding any other provision

21 of law, the Administrator may establish reasonable fees

22 and commissions with respect to applications, documents,

23 awards, loans, grants, research data, services, and assist24 ance and may change and abolish such fees and commis25 sions. Prior to establishing, changing, or abolishing any
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1 schedule of fees or commissions under this section, the Ad2 ministrator may submit such schedule to the Congress.

3 (b) The Administrator is authorized to require a de4 posit before the Administrator provides any item, informa5 tion, service, or assistance for which a fee or commission

6 is required under this section.

7 (c) Moneys received under this section shall be depos8 ited with the Treasury in a special account for use by the

9 Administrator and are authorized to be appropriated and

10 made available until expended.

11 (d) In establishing reasonable fees or commissions

12 under this section, the Administrator may take into con13 sideration—

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

15 providing items, information, services, or assistance;

16 (2) the efficiency of the Government in provid17 ing such items, information, services, or assistance;

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

19 in providing such items, information, services, or as20 sistance which may be attributed to benefits for the

21 general public interest rather than to exclusive bene22 fits for the applicant;

23 (4) any public service which occurs through the

24 provision of such items, information, services, or as25 sistance; and
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1 (5) such other factors as the Administrator con2 siders relevant.

3 (e) In any case in which the Administrator deter4 mines that any person has made a payment which is not

5 required under this section or has made a payment which

6 is in excess of the amount required under this section, the

7 Administrator, upon application or otherwise, may cause

8 a refund to be made from applicable funds.

9 ACQUISITION AND MAINTENANCE OF PROPERTY

10 SEC. 510. (a) The Administrator is authorized—

11 (1) to acquire (by purchase, lease, condemna12 tion, or otherwise) construct, improve, repair, oper13 ate, and maintain—

14 (A) laboratories;

15 (B) research and testing sites and facili16 ties;

17 (C) quarters and related accommodations

18 for employees and dependents of employees of

19 the Administration; and

20 (D) such other real and personal property

21 (including patents), or any interest therein

22 within and outside the continental United

23 States,

24 as the Administrator considers necessary;

25 (2) to lease to others such real and personal

26 property; and
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1 (3) to provide by contract or otherwise for eat2 ing facilities and other necessary facilities for the

3 welfare of employees of the Administration at its in4 stallations and to purchase and maintain equipment

5 therefor.

6 (b) Title to any property or interest therein acquired

7 pursuant to this section shall be in the United States.

8 (c) The authority granted by subsection (a) of this

9 section shall be available only with respect to facilities of

10 a special purpose nature that cannot readily be reassigned

11 from similar Federal activities and are not otherwise avail12 able for assignment to the Administration by the Adminis13 trator of General Services.

14 (d) The authority of the Administrator to enter into

15 contracts and leases under this section shall be to such

16 extent or in such amounts as are provided in appropriation

17 Acts.

18 FACILITIES AT REMOTE LOCATIONS

19 SEC. 511. (a) The Administrator is authorized to pro20 vide, construct, or maintain for employees and their de21 pendents stationed at remote locations as necessary and

22 when not otherwise available at such remote locations—

23 (1) emergency medical services and supplies;

24 (2) food and other subsistence supplies;

25 (3) meeting facilities;
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1 (4) audiovisual equipment, accessories, and sup2 plies for recreation and training;

3 (5) reimbursement for food, clothing, medicine,

4 and other supplies furnished by such employees in

5 emergencies for the temporary relief of distressed

6 persons;

7 (6) living and working quarters and facilities;

8 and

9 (7) transportation for school-age dependents of

10 employees to the nearest appropriate educational

11 facilities.

12 (b) The furnishing of medical treatment under para13 graph (1) of subsection (a) and the furnishing of services

14 and supplies under paragraphs (2) and (3) of such sub15 section shall be at prices reflecting reasonable value as de16 termined by the Administrator.

17 (c) Proceeds derived from reimbursements under this

18 section shall be deposited in the Treasury and may be

19 withdrawn by the Administrator to pay directly the cost

20 of work or services provided under this section, to repay

21 or make advances to appropriations of funds which do or

22 will bear all or a part of such cost, or to refund excess

23 sums when necessary, except that such payments may be

24 credited to a service or working capital fund otherwise es25 tablished by law, and used under the law governing such
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1 funds if the fund is available for use by the Administrator

2 for performing the work or services for which payment is

3 received.

4 COPYRIGHTS AND PATENTS

5 SEC. 512. The Administrator is authorized to acquire

6 any of the following described rights if the property ac7 quired thereby is for use in, or is useful to, the per8 formance of functions of the Administrator or the Ad9 ministration:

10 (1) Copyrights, patents, and applications for

11 patents, designs, processes, specifications, and data.

12 (2) Licenses under copyrights, patents, and ap13 plications for patents.

14 (3) Releases, before an action is brought, for

15 past infringement of patents of copyrights.

16 GIFTS AND BEQUESTS

17 SEC. 513. The Administrator is authorized to accept,

18 hold, administer and utilize gifts, donations, or bequests

19 of property, real or personal, tangible or intangible, and

20 contributions of money for purposes of aiding or facilitat21 ing the work of the Administrator or the Administration.

22 For the purposes of Federal income, estate, and gift taxes,

23 and State taxes, property accepted under this subsection

24 shall be considered a gift or bequest to the United States.
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1 TRANSFERS OF FUNDS FROM OTHER FEDERAL AGENCIES

2 SEC. 514. The Administrator is authorized to accept

3 transfers from other Federal agencies of funds which are

4 available to carry out functions transferred by this Act to

5 the Administrator or functions assigned by law to the Ad6 ministrator after the date of enactment of this Act.

7 WORKING CAPITAL FUND

8 SEC. 515. (a) The Administrator is authorized to es9 tablish for the Administration a working capital fund, to

10 be available without fiscal year limitation, for expenses

11 necessary for the maintenance and operation of such com12 mon administrative services as the Administrator shall

13 find to be desirable in the interest of economy and effi14 ciency, including such services as—

15 (1) a central supply service for stationery and

16 other supplies and equipment for which adequate

17 stocks may be maintained to meet in whole or in

18 part the requirements of the Administration and its

19 components;

20 (2) central messenger, mail, and telephone serv21 ice and other communications service;

22 (3) office space, central services for document

23 reproduction and for graphics and visual aids; and

24 (4) a central library service.

25 (b) The capital of the fund shall consist of any appro26 priations made for the purpose of providing working cap-
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1 ital and the fair and reasonable value of such stocks of

2 supplies, equipment, and other assets and inventories on

3 order as the Administrator may transfer to the fund, less

4 the related liabilities and unpaid obligations. Such funds

5 shall be reimbursed in advance from available funds of

6 agencies and offices in the Administration, or from other

7 sources, for supplies and services at rates which will ap8 proximate the expense of operation, including the accrual

9 of annual leave and the depreciation of equipment. The

10 fund shall also be credited with receipts from sale or ex11 change of property and receipts in payment for loss or

12 damage to property owned by the fund. There shall be cov13 ered into the United States Treasury as miscellaneous re14 ceipts any surplus of the fund (all assets, liabilities, and

15 prior losses considered) above the amounts transferred or

16 appropriated to establish and maintain such fund. There

17 shall be transferred to the fund the stocks of supplies,

18 equipment, other assets, liabilities, and unpaid obligations

19 relating to those services which the Administrator deter20 mines will be performed.

21 SEAL OF ADMINISTRATION

22 SEC. 516. The Administrator shall cause a seal of

23 office to be made for the Administration of such design

24 as the Administrator shall approve. Judicial notice shall

25 be taken of such seal.
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1 ANNUAL REPORT

2 SEC. 517. (a) As soon as is practicable after the close

3 of each fiscal year, the Administrator shall submit to the

4 President a report on the activities of the Administration

5 during the preceding fiscal year. The President shall

6 transmit each such report to the Speaker of the House

7 of Representatives and the President pro tempore of the

8 Senate not later than December 31 of each year.

9 (b) Each Federal agency shall, without charge, pro10 vide the Administrator with such data and information as

11 the Administrator may request to carry out this section.

12 Each Federal agency shall, on a cost reimbursable basis,

13 provide the Administrator with such services and person14 nel as the Administrator may request to carry out this

15 section.

16 (c)(1) The Administrator is authorized to include in

17 the report required by subsection (a) for each fiscal year

18 a report on any program or activity carried out by the

19 Administrator during such fiscal year.

20 (2) Notwithstanding any other provision of law, the

21 inclusion by the Administrator in the report required by

22 subsection (a) for any fiscal year of a report on any pro23 gram or activity carried out by the Administrator during

24 such fiscal year shall be considered compliance with any

25 requirement established by law or regulation that the Ad-
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1 ministrator prepare a report with respect to the adminis2 tration of such program or activity during all or part of

3 such fiscal year. If the Administrator includes in the re4 port required under subsection (a) for any fiscal year a

5 report on any program or activity, the Administrator shall

6 include in such report all items required to be included

7 in the report with respect to such program or activity re8 quired to be prepared by law or regulation.

9 STATUS OF ADMINISTRATION UNDER CERTAIN LAWS

10 SEC. 518. For purposes of section 552b of title 5,

11 United States Code, the Administration is an agency. For

12 purposes of chapter 9 of such title, the Administration is

13 an independent regulatory agency.

14 TITLE VI—TRANSFERS TO OTHER FEDERAL

15 AGENCIES

16 PART A—MINORITY BUSINESS DEVELOPMENT AGENCY

17 TRANSFERS TO THE SMALL BUSINESS ADMINISTRATION

18 SEC. 601. (a)(1) There are transferred to the Admin19 istrator of the Small Business Administration all functions

20 of the Secretary of Commerce or the Department of Com21 merce with respect to or being administered through the

22 Minority Business Development Agency of the Depart23 ment of Commerce or the Director of such Agency.

24 (2) There are transferred to the Administrator of the

25 Small Business Administration all functions of the Minor-
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1 ity Business Development Agency of the Department of

2 Commerce and the Director of such Agency.

3 (b) The Minority Business Development Agency of

4 the Department of Commerce is transferred to the Small

5 Business Administration.

6 ADMINISTRATIVE PROVISIONS RELATING TO THE

7 MINORITY BUSINESS DEVELOPMENT AGENCY

8 SEC. 602. (a) The Minority Business Development

9 Agency shall be a separate identifiable unit in the Small

10 Business Administration.

11 (b) The Administrator of the Small Business Admin12 istration, through the Director of the Minority Business

13 Development Agency, shall perform all functions (other

14 than administrative and support functions) transferred to

15 such Administrator by section 601.

16 CONFORMING AMENDMENTS RELATING TO THE MINORITY

17 BUSINESS DEVELOPMENT AGENCY

18 SEC. 603. (a) Section 5316 of title 5, United States

19 Code (as amended by this Act), is further amended by in20 serting after the item relating to the Associate Adminis21 trators of the Small Business Administration the follow22 ing:

23 ‘‘Director, Minority Business Development

24 Agency, Small Business Administration.’’.
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1 (b) Section 9(a)(1)(T) of the Inspector General Act

2 of 1978 (as redesignated by section 271(h)(3) of this Act)

3 is amended to read as follows:

4 ‘‘(T) of the Small Business Administra5 tion—

6 ‘‘(i) the office of that agency referred

7 to as the ‘Office of Audits and Investiga8 tions’; and

9 ‘‘(ii) all functions of the Inspector

10 General of the Department of Commerce

11 and the Office of the Inspector General of

12 such Department relating to the functions

13 transferred to the Administrator of the

14 Small Business Administration by section

15 601 of the Trade Reorganization Act of

16 1992; and’’.

17 PART B—TRANSFER OF THE BUREAU OF THE CENSUS

18 TO THE DEPARTMENT OF LABOR

19 TRANSFERS

20 SEC. 611. (a) All functions of the Secretary of Com21 merce being administered through the individual holding

22 the office of Director of the Census on the day before the

23 effective date of this Act are transferred to the Director

24 of the Census appointed under section 21 of title 13, Unit25 ed States Code, as amended by section 612(e) of this Act.
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1 (b) All functions of the Secretary of Commerce with

2 respect to the Bureau of the Census or the Director of

3 the Census are transferred to the Secretary of Labor.

4 (c) The Bureau of the Census of the Department of

5 Commerce is transferred to the Bureau of the Census of

6 the Department of Labor established by section 3 of title

7 13, United States Code, as amended by section 612(d) of

8 this Act.

9 (d) There are transferred to the Director of the Cen10 sus appointed under section 21 of title 13, United States

11 Code (as amended by section 612(e) of this Act) all func12 tions of the Inspector General of the Department of Com13 merce or of the Office of the Inspector General of the De14 partment of Commerce relating to the agency and func15 tions transferred by subsections (a), (b), and (c) of this

16 section.

17 ESTABLISHMENT WITHIN THE DEPARTMENT OF LABOR

18 SEC. 612. (a)(1) Section 4 of title 13, United States

19 Code, is repealed.

20 (2) Sections 1, 2, and 3 of such title are redesignated

21 as sections 2, 3, and 4, respectively.

22 (b) Title 13, United States Code, is amended by in23 serting before section 2 (as redesignated by subsection

24 (a)(2) of this section) the following new section:
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1 ‘‘§ 1. Purpose

2 ‘‘The purpose of this chapter is to establish the Bu3 reau of the Census within the Department of Labor due

4 to the importance of the functions of the Bureau in provid5 ing statistical information to all agencies of the United

6 States Government and to the people of the United

7 States.’’.

8 (c) Section 2 of such title (as redesignated by sub9 section (a)(2) of this section), is amended by striking out

10 clause (2) and inserting in lieu thereof the following:

11 ‘‘(2) ‘Director’ means the Director of the Cen12 sus appointed under section 21 of this title; and’’.

13 (d) Section 3 of such title (as redesignated by sub14 section (a)(2) of this section), is amended to read as

15 follows:

16 ‘‘§ 3. Establishment

17 ‘‘There is established the Bureau of the Census with18 in the Department of Labor. The Bureau shall be adminis19 tered by the Director.’’.

20 (e) Section 21 of such title is amended to read as

21 follows:

22 ‘‘§ 21. Director of the Census; powers and duties

23 ‘‘(a) The Bureau shall be headed by a Director of

24 the Census, who shall be appointed by the President, by

25 and with the advice and consent of the Senate.
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1 ‘‘(b) The Director may prescribe such policies, stand2 ards, criteria, procedures, rules, and regulations as the Di3 rector finds necessary or appropriate to carry out the

4 functions of the Director.

5 ‘‘(c) The Director may organize the Bureau as the

6 Director finds necessary or appropriate.

7 ‘‘(d) Except as otherwise expressly provided by law,

8 the Director may delegate any of the functions of the Di9 rector to such officers and employees of the Bureau as

10 the Director may designate, and may authorize such suc11 cessive redelegations of such functions as may be nec12 essary or appropriate. A delegation of functions by the Di13 rector shall not relieve the Director of responsibility for

14 the administration of such functions.

15 ‘‘(e) The Director is authorized to obtain the services

16 of experts and consultants as authorized by section 3109

17 of title 5, United States Code, at rates not to exceed $100

18 per day for individuals unless otherwise specified in an ap19 propriation Act.

20 ‘‘(f) The Director is authorized to appoint, without

21 regard to the classification and civil service laws, advisory

22 committees to advise the Director with respect to any

23 function of the Director or the Bureau.

24 ‘‘(g) The Director shall consult with interested Fed25 eral agencies with a view to obtaining their advice and as-
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1 sistance in carrying out the purposes of this title. Each

2 Federal agency is authorized to furnish to the Director,

3 upon request of the Director, any information or other

4 data which the Director finds necessary to carry out his

5 duties.

6 ‘‘(h) If authorized by the Director, officers and em7 ployees of the Bureau are empowered, while engaged in

8 the performance of their duties, to administer oaths.’’.

9 (f) The table of sections for chapter 1 of title 13,

10 United States Code, is amended—

11 (1) by redesignating the items relating to sec12 tions 1, 2, and 3 as the items relating to sections

13 2, 3, and 4, respectively;

14 (2) by inserting before the item relating to sec15 tion 2 (as redesignated by clause (1) of this sub16 section) the following new item:

‘‘1. Purpose.’’;

17 and

18 (3) by inserting ‘‘powers and’’ before ‘‘duties’’

19 in the item relating to section 21.

20 (g) Title 13, United States Code, is amended by

21 striking out ‘‘Department of Commerce’’ each place it ap22 pears and inserting in lieu thereof ‘‘Department of

23 Labor’’.
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1 REPORT TO THE PRESIDENT AND CONGRESS

2 SEC. 613. Within 180 days after the effective date

3 of this Act, the Secretary of Labor shall prepare and

4 transmit to the President and the Congress a report con5 taining recommendations for streamlining or integrating

6 the Bureau of the Census and the Bureau of Labor Statis7 tics within the Department of Labor in order to improve

8 the efficiency and effectiveness of the Government’s statis9 tical collection activities.

10 CONFORMING AMENDMENTS RELATING TO THE BUREAU

11 OF THE CENSUS

12 SEC. 614. (a) Section 5314 of title 5, United States

13 Code (as amended by this Act), is further amended by

14 adding at the end thereof the following:

15 ‘‘Director of the Census.’’.

16 (b) Section 5316 of title 5, United States Code (as

17 amended by this Act), is further amended by striking out

18 the item relating to the Director, Bureau of the Census,

19 Department of Commerce and inserting in lieu thereof

20 ‘‘Director of the Bureau of the Census, Department of

21 Labor’’.

22 TITLE VII—TRANSITIONAL, SAVINGS, AND

23 CONFORMING PROVISIONS

24 ADDITIONAL TRANSFERS

25 SEC. 701. Any function of the Secretary of Commerce

26 or the Department of Commerce which—
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1 (1) is not transferred by titles II, III, IV, or V

2 of this Act; and

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

4 related to, the performance of a function transferred

5 by any such title,

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

7 the related function is transferred by such title.

8 TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND

9 PERSONNEL

10 SEC. 702. Except as otherwise provided in this Act,

11 the personnel employed in connection with, and the assets,

12 liabilities, contracts, property, records, and unexpended

13 balances of appropriations, authorizations, allocations,

14 and other funds employed, used, held, arising from, avail15 able to, or to be made available in connection with the

16 functions and offices transferred by this Act, subject to

17 section 1531 of title 31, United States Code, shall be

18 transferred to the head of the Federal agency to which

19 such functions or offices are transferred by this Act. Un20 expended funds transferred pursuant to this section shall

21 be used only for the purposes for which the funds were

22 originally authorized and appropriated.

23 INCIDENTAL TRANSFERS

24 SEC. 703. (a) The Director of the Office of Manage25 ment and Budget, at such time or times as the Director

26 shall provide, is authorized to make such determinations
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1 as may be necessary with regard to the functions and of2 fices transferred by this Act, and to make such additional

3 incidental dispositions of personnel, assets, liabilities,

4 grants, contracts, property, records, and unexpended bal5 ances of appropriations, authorizations, allocations, and

6 other funds held, used, arising from, available to, or to

7 be made available in connection with such functions and

8 offices, as may be necessary to carry out the provisions

9 of this Act. The Director shall provide for the termination

10 of the affairs of all entities terminated by this Act and

11 for such further measures and dispositions as may be nec12 essary to effectuate the purposes of this Act.

13 (b) After consultation with the Director of the Office

14 of Personnel Management, the Director of the Office of

15 Management and Budget is authorized, at such times as

16 the Director of the Office of Management and Budget may

17 provide, to make such determinations as may be necessary

18 with regard to the transfer of positions within the Senior

19 Executive Service in connection with the functions and of20 fices transferred by this Act.

21 EFFECT ON PERSONNEL

22 SEC. 704. (a) Except as otherwise provided by this

23 Act, the transfer pursuant to this Act of full-time person24 nel (except special Government employees) and part-time

25 personnel holding permanent positions shall not cause any

26 such employee to be separated or reduced in grade or com-
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1 pensation for one year after the date of transfer of such

2 employee under this Act.

3 (b) Any person who, on the day preceding the effec4 tive date of this Act, held a position compensated in ac5 cordance with the Executive Schedule prescribed in chap6 ter 53 of title 5, United States Code, and who, without

7 a break in service, is appointed in a Federal agency to

8 which functions are transferred by this Act to a position

9 having duties comparable to the duties performed imme10 diately preceding such appointment shall continue to be

11 compensated in such new position at not less than the rate

12 provided for such previous position, for the duration of

13 the service of such person in such new position.

14 (c) Except for members of the Foreign Service, posi15 tions whose incumbents are appointed by the President,

16 by and with the advice and consent of the Senate, the

17 functions of which are transferred by this Act, shall termi18 nate on the effective date of this Act.

19 SAVINGS PROVISIONS

20 SEC. 705. (a) All orders, determinations, rules, regu21 lations, permits, agreements, grants, contracts, certifi22 cates, licenses, registrations, privileges, and other adminis23 trative actions—

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

25 allowed to become effective by the President, any

26 Federal agency or official thereof, or by a court of
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1 competent jurisdiction, in the performance of func2 tions which are transferred under this Act, and

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

4 takes effect, or were final before the effective date

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

6 the effective date of this Act,

7 shall continue in effect according to their terms until

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

9 accordance with law by the President, the head of the Fed10 eral agency to which such functions are transferred under

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

12 jurisdiction, or by operation of law.

13 (b)(1) The provisions of this Act shall not affect any

14 proceedings, including notices of proposed rule making, or

15 any application for any license, permit, certificate, or fi16 nancial assistance pending on the effective date of this Act

17 before the Department of Commerce or the Office of the

18 United States Trade Representative, or any office thereof

19 with respect to functions transferred by this Act; but such

20 proceedings or applications, to the extent that they relate

21 to functions transferred, shall be continued. Orders shall

22 be issued in such proceedings, appeals shall be taken

23 therefrom, and payments shall be made under such orders,

24 as if this Act had not been enacted; and orders issued in

25 any such proceedings shall continue in effect until modi-
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1 fied, terminated, superseded, or revoked by the head of

2 the Federal agency to which such functions are trans3 ferred by this Act, by a court of competent jurisdiction,

4 or by operation of law. Nothing in this subsection pro5 hibits the discontinuance or modification of any such pro6 ceeding under the same terms and conditions and to the

7 same extent that such proceeding could have been discon8 tinued or modified if this Act had not been enacted.

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

10 Trade Representative, and the head of each Federal agen11 cy to which functions are transferred by this Act are au12 thorized to issue regulations providing for the orderly

13 transfer of proceedings continued under paragraph (1).

14 (c) Except as provided in subsection (e)—

15 (1) the provisions of this Act do not affect ac16 tions commenced prior to the effective date of this

17 Act, and

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

19 appeals taken, and judgments rendered in the same

20 manner and effect as if this Act had not been

21 enacted.

22 (d) No action or other proceeding commenced by or

23 against any officer in his official capacity as an officer

24 of the Department of Commerce or the Office of United

25 States Trade Representative with respect to functions
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1 transferred by this Act shall abate by reason of the enact2 ment of this Act. No cause of action by or against the

3 Department of Commerce or the Office of United States

4 Trade Representative with respect to functions transferred

5 by this Act, or by or against any officer thereof in his

6 official capacity, shall abate by reason of the enactment

7 of this Act. Causes of action and actions with respect to

8 a function or office transferred by this Act, or other pro9 ceedings may be asserted by or against the United States

10 or an official of the Federal agency to which such function

11 or office is transferred by this Act, as may be appropriate,

12 and, in an action pending when this Act takes effect, the

13 court may at any time, on its own motion or that of any

14 party, enter an order which will give effect to the provi15 sions of this subsection.

16 (e) If, before the date on which this Act takes effect,

17 the Department of Commerce or the Office of the United

18 States Trade Representative, or any officer thereof in his

19 official capacity, is a party to an action, and under this

20 Act any function of such Department, Office, or officer

21 is transferred to a Federal agency, then such action shall

22 be continued with the head of such agency substituted or

23 added as a party.

24 (f) Orders and actions of the head of a Federal agen25 cy in the exercise of functions transferred to the head of
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1 such agency by this Act shall be subject to judicial review

2 to the same extent and in the same manner as if such

3 orders and actions had been by the Department of Com4 merce or the Office of the United States Trade Represent5 ative, or any office or officer thereof, in the exercise of

6 such functions immediately preceding their transfer. Any

7 statutory requirements relating to notice, hearings, action

8 upon the record, or administrative review that apply to

9 any function transferred by this Act shall apply to the ex10 ercise of such function by the head of the Federal agency

11 to which such function is transferred by this Act.

12 SEPARABILITY

13 SEC. 706. If a provision of this Act or its application

14 to any person or circumstance is held invalid, neither the

15 remainder of this Act nor the application of the provision

16 to other persons or circumstances shall be affected.

17 REFERENCE

18 SEC. 707. With respect to any functions transferred

19 by this Act and exercised after the effective date of this

20 Act, reference in any other Federal law to—

21 (1) the Secretary of Commerce or the United

22 States Trade Representative; or

23 (2) the Department of Commerce or the Office

24 of the United States Trade Representative or any of25 ficer or office thereof,
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1 shall be considered to refer to the head of the Federal

2 agency to whom such functions were transferred by this

3 Act.

4 TRANSITION

5 SEC. 708. With the consent of the Secretary of Com6 merce or the United States Trade Representative, as the

7 case may be, the head of each Federal agency to which

8 functions or offices are transferred by this Act is author9 ized to utilize—

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

11 other personnel of the Department of Commerce or

12 the Office of the United States Trade Representa13 tive, as the case may be, with respect to functions

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

15 (2) funds appropriated to such functions or of16 fices for such period of time as may reasonably be

17 needed to facilitate the orderly implementation of

18 this Act.

19 ADDITIONAL CONFORMING AMENDMENTS

20 SEC. 709. (a) After consultation with the appropriate

21 committees of the Congress and the Director of the Office

22 of Management and Budget, the head of each agency to

23 which functions were transferred under this Act shall pre24 pare and submit to the Congress recommended legislation

25 containing technical and conforming amendments to re26 flect the changes made by this Act.
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1 (b) No later than 6 months after the effective date

2 of this title, each such agency head shall submit the rec3 ommended legislation referred to under subsection (a).

4 TERMINATION OF THE DEPARTMENT OF COMMERCE

5 SEC. 710. The Department of Commerce is

6 terminated.

7 TITLE VIII—MISCELLANEOUS

8 EFFECTIVE DATE

9 SEC. 801. (a) This Act shall take effect 120 days

10 after the date of the enactment of this Act, except that—

11 (1) section 708 shall take effect on such date

12 of enactment; and

13 (2) at any time on or after the date of enact14 ment of this Act—

15 (A) the officers provided for in titles II,

16 III, IV, V, and VI of this Act may be nomi17 nated and appointed, as provided in such titles;

18 and

19 (B) the Secretary of Commerce, the United

20 States Trade Representative, and the head of

21 each Federal agency to which functions are

22 transferred by this Act may promulgate regula23 tions under section 705(b)(2).

24 (b) Funds available to the Department of Commerce

25 or the Office of the United States Trade Representative

26 (or any official or component thereof), with respect to the
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1 functions transferred by this Act, may be used, with ap2 proval of the Director of the Office of Management and

3 Budget, to pay the compensation and expenses of an offi4 cer appointed under subsection (a)(2)(A) who will carry

5 out such functions until funds for that purpose are other6 wise available.

7 INTERIM APPOINTMENTS

8 SEC. 802. (a) If one or more officers required by this

9 Act to be appointed by and with the advice and consent

10 of the Senate have not entered upon office on the effective

11 date of this Act and notwithstanding any other provision

12 of law, the President may designate any officer who was

13 appointed by and with the advice and consent of the Sen14 ate, and who was such an officer on the day before the

15 effective date of this Act, to act in the office until it is

16 filled as provided by this Act.

17 (b) Any officer acting in an office pursuant to sub18 section (a) shall receive compensation at the rate pre19 scribed by this Act for such office.

20 PERSONNEL AND FUNDING REDUCTIONS RESULTING

21 FROM REORGANIZATION

22 SEC. 803. No later than 180 days after the date of

23 the enactment of this Act, the Office of Management and

24 Budget shall conduct a study and submit a report to the

25 President and the Congress on personnel and funding re26 ductions which should be implemented consistent with the
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1 provisions of this Act to reduce duplicative or unnecessary

2 functions. In preparing the report, the Office of Manage3 ment and Budget shall consult with the Secretary of

4 Trade and the head of each Federal agency affected by

5 the provisions of this Act and develop a plan for the imple6 mentation of such reductions beginning 1 year after the

7 effective date of this Act.

8 AUTHORIZATION OF APPROPRIATIONS

9 SEC. 804. There are authorized to be appropriated

10 such sums as may be necessary to carry out the provisions

11 of this Act. Amounts appropriated under this section shall

12 be available until expended.

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