II

105TH CONGRESS

1ST SESSION S. 1316

To dismantle the Department of Commerce.

IN THE SENATE OF THE UNITED STATES

OCTOBER 24, 1997

Mr. ABRAHAM (for himself, Mr. BROWNBACK, Mr. KYL, Mr. HAGEL, Mr. ALLARD, Mr. FAIRCLOTH, Mr. NICKLES, and Mr. GRAMM) introduced the

following bill; which was read twice and referred to the Committee on

Governmental Affairs

A BILL

To dismantle the Department of Commerce.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Department of Com5 merce Dismantling Act’’.

6 SEC. 2. TABLE OF CONTENTS.

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

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—ABOLISHMENT OF DEPARTMENT OF COMMERCE

Sec. 101. Definitions.

Sec. 102. Abolishment of Department of Commerce.

Sec. 103. Resolution and termination of Department functions.
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Sec. 104. Responsibilities of the Director of the Office of Management and

Budget.

Sec. 105. Personnel.

Sec. 106. Plans and reports.

Sec. 107. General Accounting Office audit and access to records.

Sec. 108. Conforming amendments.

Sec. 109. Privatization framework.

Sec. 110. Priority placement programs for Federal employees affected by a reduction in force attributable to this Act.

Sec. 111. Funding reductions for transferred functions.

TITLE II—DISPOSITION OF PROGRAMS, FUNCTIONS, AND

AGENCIES OF DEPARTMENT OF COMMERCE

Sec. 201. Economic development.

Sec. 202. Technology Administration.

Sec. 203. Reorganization of the Bureau of the Census and the Bureau of Economic Analysis.

Sec. 204. Terminated functions of National Telecommunications and Information Administration.

Sec. 205. Terminations and transfers.

Sec. 206. National Oceanic and Atmospheric Administration.

Sec. 207. Miscellaneous terminations; moratorium on program activities.

Sec. 208. Effective date.

TITLE III—ESTABLISHMENT OF UNITED STATES TRADE

ADMINISTRATION

Subtitle A—General Provisions

Sec. 301. Definitions.

Subtitle B—United States Trade Administration

CHAPTER 1—ESTABLISHMENT

Sec. 311. Establishment of the United States Trade Administration.

Sec. 312. Functions of the Trade Representative.

CHAPTER 2—OFFICERS

Sec. 321. Deputy United States Trade Representatives.

Sec. 322. Assistant Administrators.

Sec. 323. General Counsel.

Sec. 324. Inspector General.

Sec. 325. Chief Financial Officer.

CHAPTER 3—TRANSFERS TO THE TRADE ADMINISTRATION

Sec. 331. Office of the United States Trade Representative.

Sec. 332. Transfers from the Department of Commerce.

Sec. 333. Trade and Development Agency.

Sec. 334. Export-Import Bank.

Sec. 335. Overseas Private Investment Corporation.

Sec. 336. Consolidation of export promotion and financing activities.

Sec. 337. Functions related to textile agreements.

CHAPTER 4—ADMINISTRATIVE PROVISIONS
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Sec. 341. Personnel provisions.

Sec. 342. Delegation and assignment.

Sec. 343. Succession.

Sec. 344. Reorganization.

Sec. 345. Rules.

Sec. 346. Funds transfer.

Sec. 347. Contracts, grants, and cooperative agreements.

Sec. 348. Use of facilities.

Sec. 349. Gifts and bequests.

Sec. 350. Working capital fund.

Sec. 351. Service charges.

Sec. 352. Seal of office.

CHAPTER 5—RELATED AGENCIES

Sec. 361. Interagency trade organization.

Sec. 362. National Security Council.

Sec. 363. International Monetary Fund.

CHAPTER 6—CONFORMING AMENDMENTS

Sec. 371. Amendments to general provisions.

Sec. 372. Repeals.

Sec. 373. Conforming amendments relating to Executive Schedule positions.

CHAPTER 7—MISCELLANEOUS

Sec. 381. Effective date.

Sec. 382. Interim appointments.

Sec. 383. Funding reductions resulting from reorganization.

TITLE IV—ESTABLISHMENT OF THE OFFICE OF PATENTS,

TRADEMARKS, AND STANDARDS

Subtitle A—Establishment

Sec. 401. Definitions.

Sec. 402. Establishment of the Office of Patents, Trademarks, and Standards.

Sec. 403. Functions.

Sec. 404. Transfers to the Office.

Sec. 405. Additional officers.

Subtitle B—Administrative Provisions

Sec. 411. Rules.

Sec. 412. Delegation.

Sec. 413. Personnel and services.

Sec. 414. Contracts.

Sec. 415. Copyrights and patents.

Sec. 416. Gifts and bequests.

Sec. 417. Transfers of funds from other Federal agencies.

Sec. 418. Seal of Office.

Sec. 419. Status of Office under certain laws.

Subtitle C—Conforming Amendments

Sec. 421. Patent and Trademark Office.

Sec. 422. National Institute of Standards and Technology.
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Sec. 423. Federal laboratories under the Stevenson-Wydler Technology Innovation Act of 1980.

TITLE V—STATISTICAL CONSOLIDATION

Subtitle A—General Provisions

Sec. 501. Findings.

Sec. 502. Sense of Congress.

Sec. 503. Definitions.

Subtitle B—Establishment of the Federal Statistical Service

Sec. 511. Establishment.

Sec. 512. Principal officers.

Sec. 513. Federal Council on Statistical Policy.

Subtitle C—Transfers of Functions and Offices

Sec. 521. Transfer of the Bureau of Labor Statistics.

Sec. 522. Transfer date.

Subtitle D—Administrative Provisions

Sec. 531. Officers and employees.

Sec. 532. Experts and consultants.

Sec. 533. Acceptance of voluntary services.

Sec. 534. General authority.

Sec. 535. Delegation.

Sec. 536. Reorganization.

Sec. 537. Contracts.

Sec. 538. Regulations.

Sec. 539. Seal.

Sec. 540. Annual report.

Subtitle E—Miscellaneous

Sec. 541. Incidental transfers.

Sec. 542. References.

Sec. 543. Proposed changes in law.

Sec. 544. Transition.

Sec. 545. Interim appointments.

Sec. 546. Conforming amendments.

TITLE VI—MISCELLANEOUS PROVISIONS

Sec. 601. References.

Sec. 602. Exercise of authorities.

Sec. 603. Savings provisions.

Sec. 604. Transfer of assets.

Sec. 605. Delegation and assignment.

Sec. 606. Authority of Director of the Office of Management and Budget with

respect to functions transferred.

Sec. 607. Certain vesting of functions considered transfers.

Sec. 608. Availability of existing funds.

Sec. 609. Definitions.

Sec. 610. Conforming amendments.
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1 TITLE I—ABOLISHMENT OF

2 DEPARTMENT OF COMMERCE

3 SEC. 101. DEFINITIONS.

4 For purposes of this title, the following definitions

5 apply:

6 (1) DEPARTMENT.—The term ‘‘Department’’

7 means the Department of Commerce.

8 (2) DIRECTOR.—The term ‘‘Director’’ means

9 the Director of the Office of Management and Budg10 et.

11 (3) OFFICE.—The term ‘‘Office’’ means the Of12 fice of Management and Budget.

13 SEC. 102. ABOLISHMENT OF DEPARTMENT OF COMMERCE.

14 (a) ABOLISHMENT OF DEPARTMENT.—Effective on

15 the applicable date specified in subsection (c), the Depart16 ment of Commerce is abolished.

17 (b) TRANSFER OF DEPARTMENT FUNCTIONS TO OF18 FICE OF MANAGEMENT AND BUDGET.—Except as other19 wise provided in this Act, all functions that on the day

20 before the applicable date specified in subsection (c) are

21 authorized to be performed by the Secretary of Commerce,

22 any other officer or employee of the Department acting

23 in that capacity, or any agency or office of the Depart24 ment, are transferred to the Director effective on that

25 date.
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1 (c) ABOLISHMENT DATE.—The date of abolishment

2 of the Department is the earlier of—

3 (1) the last day of the 6-month period begin4 ning on the date of enactment of this Act; or

5 (2) September 30, 1998.

6 SEC. 103. RESOLUTION AND TERMINATION OF DEPART7 MENT FUNCTIONS.

8 (a) RESOLUTION OF FUNCTIONS.—During the period

9 beginning on the date of enactment of this Act and ending

10 on the date specified in subsection (c)—

11 (1) the disposition and resolution of functions

12 of the Department shall be completed in accordance

13 with this Act; and

14 (2) the Director shall resolve all functions that

15 are transferred to the Director under section 102(b)

16 and are not otherwise continued under this Act.

17 (b) TERMINATION OF FUNCTIONS.—All functions

18 that are transferred to the Director under section 102(b)

19 that are not otherwise continued by this Act shall termi20 nate on the date specified in subsection (c).

21 (c) FUNCTIONS TERMINATION DATE.—The date of

22 termination of functions referred to in subsections (a) and

23 (b) is the last day of the 3-year period beginning on the

24 date of enactment of this Act.
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1 SEC. 104. RESPONSIBILITIES OF THE DIRECTOR OF THE OF2 FICE OF MANAGEMENT AND BUDGET.

3 (a) IN GENERAL.—The Director shall be responsible

4 for the implementation of this title, including—

5 (1) the administration, during the period speci6 fied in section 103(c), of all functions transferred to

7 the Director under section 102(b);

8 (2) the administration, during the period speci9 fied in section 103(a), of any outstanding obligations

10 of the Federal Government under any programs ter11 minated by this Act; and

12 (3) taking any other action that may be nec13 essary to complete any outstanding affairs of the

14 Department before the end of the period specified in

15 section 103(a).

16 (b) DELEGATION OF FUNCTIONS.—

17 (1) IN GENERAL.—Except as provided in para18 graph (2), the Director may, to the extent that the

19 Director determines that such delegation is appro20 priate to carry out this title, delegate to any officer

21 of the Office or to any other Federal department or

22 agency head the performance of the functions of the

23 Director under this title.

24 (2) EXCEPTION.—The Director may not dele25 gate the planning and reporting responsibilities

26 under section 106.
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1 (c) TRANSFER OF ASSETS AND PERSONNEL.—In

2 connection with any delegation of functions under sub3 section (b), the Director may transfer, within the Office

4 or to the department or agency concerned, such assets,

5 funds, personnel, records, and other property relating to

6 the delegated function as the Director determines to be

7 appropriate.

8 (d) AUTHORITIES OF THE DIRECTOR.—For purposes

9 of performing the functions of the Director under this

10 title, the Director may—

11 (1) enter into contracts;

12 (2) employ experts and consultants in accord13 ance with section 3109 of title 5, United States

14 Code, at rates for individuals not to exceed the per

15 diem rate equivalent to the rate for level IV of the

16 Executive Schedule; and

17 (3) utilize, on a reimbursable basis, the services,

18 facilities, and personnel of other Federal agencies.

19 SEC. 105. PERSONNEL.

20 Effective on the date specified in section 102(c), there

21 is transferred to the Office any individual who—

22 (1) on the day before that date, was an officer

23 or employee of the Department; and
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1 (2) in the capacity as an officer or employee of

2 the Department, performed functions that are trans3 ferred to the Director under section 102(b).

4 SEC. 106. PLANS AND REPORTS.

5 (a) INITIAL IMPLEMENTATION PLAN.—

6 (1) IN GENERAL.—Not later than 90 days after

7 the date of enactment of this Act, the Director shall

8 submit a report to Congress and the President that

9 specifies actions that have been taken and actions

10 that have not been taken but are necessary—

11 (A) to resolve the programs and functions

12 terminated in this Act on the date of enactment

13 of this Act; and

14 (B) to implement the additional transfers

15 and other program dispositions provided for in

16 this Act.

17 (2) CONTENTS.—The report in paragraph (1)

18 shall include—

19 (A) recommendations for any legislation

20 necessary for the implementation of the

21 abolishments, transfers, terminations, and other

22 dispositions of programs and functions under

23 this Act; and
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1 (B) a description of actions planned and

2 taken to comply with limitations imposed by

3 this Act on spending for continued functions.

4 (b) ANNUAL STATUS REPORTS.—At the end of the

5 first full fiscal year following the date of enactment of this

6 Act and at the end of each of the 2 following fiscal years,

7 the Director shall submit a report, through the President,

8 to Congress that—

9 (1) specifies the status and progress of actions

10 taken to implement this Act and to wind up the af11 fairs of the Department of Commerce by the func12 tions termination date specified in section 103(c);

13 (2) includes any recommendations for legisla14 tion that the Director considers appropriate; and

15 (3) describes actions taken to comply with limi16 tations imposed by this Act on spending for contin17 ued functions.

18 (c) GAO REPORTS.—Not later than 60 days after the

19 issuance of a report under subsection (a) or (b), the Comp20 troller General of the United States shall submit to Con21 gress a report that—

22 (1) evaluates the report; and

23 (2) includes any recommendations the Comp24 troller General considers appropriate.
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1 SEC. 107. GENERAL ACCOUNTING OFFICE AUDIT AND AC2 CESS TO RECORDS.

3 (a) AUDIT OF PERSONS PERFORMING FUNCTIONS

4 PURSUANT TO THIS ACT.—All agencies, corporations, or5 ganizations, and other persons of any description that,

6 under the authority of the United States, perform any

7 function or activity covered under this Act shall be subject

8 to an audit by the Comptroller General of the United

9 States with respect to that function or activity.

10 (b) AUDIT OF PERSONS PROVIDING CERTAIN GOODS

11 OR SERVICES.—All persons and organizations that, by

12 contract, grant, or otherwise, provide goods or services to,

13 or receive financial assistance from, any agency or other

14 person performing functions or activities covered under

15 this Act shall be subject to an audit by the Comptroller

16 General of the United States with respect to the provision

17 of such goods or services or the receipt of such financial

18 assistance.

19 (c) PROVISIONS APPLICABLE TO AUDITS UNDER

20 THIS SECTION.—

21 (1) NATURE AND SCOPE OF AUDIT.—The

22 Comptroller General of the United States shall de23 termine the nature, scope, terms, and conditions of

24 audits conducted under this section.

25 (2) COORDINATION WITH OTHER PROVISIONS

26 OF LAW.—The authority of the Comptroller General
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1 of the United States under this section shall be in

2 addition to any audit authority available to the

3 Comptroller General under any other provision of

4 law (including any other provision of this Act).

5 (3) RIGHTS OF ACCESS, EXAMINATION, AND

6 COPYING.—The Comptroller General of the United

7 States, and any duly authorized representative of the

8 Comptroller General, shall have access to, and the

9 right to examine and copy, all records and other re10 corded information in any form, and to examine any

11 property within the possession or control of any

12 agency or person that—

13 (A) is subject to audit under this section;

14 and

15 (B) the Comptroller General considers rel16 evant to an audit conducted under this section.

17 (4) ENFORCEMENT OF RIGHT OF ACCESS.—The

18 right of access of the Comptroller General of the

19 United States to information under this section shall

20 be enforceable under section 716 of title 31, United

21 States Code.

22 (5) MAINTENANCE OF CONFIDENTIAL

23 RECORDS.—Section 716(e) of title 31, United States

24 Code, shall apply to information obtained by the

25 Comptroller General under this section.
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1 SEC. 108. CONFORMING AMENDMENTS.

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

3 of title 3, United States Code, is amended by striking

4 ‘‘Secretary of Commerce,’’.

5 (b) EXECUTIVE DEPARTMENTS.—Section 101 of title

6 5, United States Code, is amended by striking the follow7 ing item:

8 ‘‘The Department of Commerce.’’.

9 (c) SECRETARY’S COMPENSATION.—Section 5312 of

10 title 5, United States Code, is amended by striking the

11 following item:

12 ‘‘Secretary of Commerce.’’.

13 (d) COMPENSATION FOR POSITIONS AT LEVEL III.—

14 Section 5314 of title 5, United States Code, is amended—

15 (1) by striking the following item:

16 ‘‘Under Secretary of Commerce, Under Sec17 retary of Commerce for Economic Affairs, Under

18 Secretary of Commerce for Export Administration

19 and Under Secretary of Commerce for Travel and

20 Tourism.’’;

21 (2) by striking the following item:

22 ‘‘Under Secretary of Commerce for Oceans and

23 Atmosphere, the incumbent of which also serves as

24 Administrator of the National Oceanic and Atmos25 pheric Administration.’’; and

26 (3) by striking the following item:
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1 ‘‘Under Secretary of Commerce for Tech2 nology.’’.

3 (e) COMPENSATION FOR POSITIONS AT LEVEL IV.—

4 Section 5315 of title 5, United States Code, is amended—

5 (1) by striking the following item:

6 ‘‘Assistant Secretaries of Commerce (11).’’;

7 (2) by striking the following item:

8 ‘‘General Counsel of the Department of Com9 merce.’’;

10 (3) by striking the following item:

11 ‘‘Assistant Secretary of Commerce for Oceans

12 and Atmosphere, the incumbent of which also serves

13 as Deputy Administrator of the National Oceanic

14 and Atmospheric Administration.’’;

15 (4) by striking the following item:

16 ‘‘Director, National Institute of Standards and

17 Technology, Department of Commerce.’’;

18 (5) by striking the following item:

19 ‘‘Inspector General, Department of Com20 merce.’’;

21 (6) by striking the following item:

22 ‘‘Chief Financial Officer, Department of Com23 merce.’’;
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1 (7) by striking the item relating to the Director

2 of the Bureau of the Census and inserting ‘‘Director

3 of the Census, Federal Statistical Service’’; and

4 (8) by striking the following item:

5 ‘‘Chief Information Officer, Department of

6 Commerce.’’.

7 (f) COMPENSATION FOR POSITIONS AT LEVEL V.—

8 Section 5316 of title 5, United States Code, is amended—

9 (1) by striking the following item:

10 ‘‘Director, United States Travel Service, De11 partment of Commerce.’’; and

12 (2) by striking the following item:

13 ‘‘National Export Expansion Coordinator, De14 partment of Commerce.’’.

15 (g) INSPECTOR GENERAL ACT OF 1978.—The In16 spector General Act of 1978 (5 U.S.C. App.) is amend17 ed—

18 (1) in section 9(a)(1)—

19 (A) by striking subparagraph (B); and

20 (B) by redesignating subparagraphs (C)

21 through (W) as subparagraphs (B) through

22 (V), respectively;

23 (2) in section 11(1), by striking ‘‘Commerce,’’;

24 and

25 (3) in section 11(2), by striking ‘‘Commerce,’’.
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1 (h) EFFECTIVE DATE.—The amendments made by

2 this section shall be effective on the applicable date speci3 fied in section 102(c).

4 SEC. 109. PRIVATIZATION FRAMEWORK.

5 (a) IN GENERAL.—

6 (1) PRIVATIZATION.—Not later than 18 months

7 after a function designated for privatization under

8 title II is transferred to the Office, the Director shall

9 privatize that function. The Director shall pursue

10 such forms of privatization arrangements as the Di11 rector considers appropriate to best serve the inter12 ests of the United States.

13 (2) REPORT.—If, by the date specified in para14 graph (1), the Director is unable to privatize a func15 tion, the Director shall submit a report that states

16 that inability to Congress, together with rec17 ommendations concerning the appropriate disposi18 tion of the function involved and the assets of the

19 function.

20 (b) ROLE OF THE FEDERAL GOVERNMENT.—No pri21 vatization arrangement made under subsection (a) shall

22 include any role for, or accountability to, the Federal Gov23 ernment unless the role or accountability is necessary to

24 ensure the continued accomplishment of a specific Federal
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1 objective. The Federal role should be the minimum role

2 necessary to accomplish Federal objectives.

3 (c) ASSETS.—In privatizing a function, the Director

4 shall take any action necessary—

5 (1) to preserve the value of the assets of a func6 tion during the period during which the Office holds

7 such assets; and

8 (2) to continue the performance of the function

9 to the extent necessary—

10 (A) to preserve the value of the assets; or

11 (B) to accomplish core Federal objectives

12 (as that term is defined by the Director).

13 SEC. 110. PRIORITY PLACEMENT PROGRAMS FOR FEDERAL

14 EMPLOYEES AFFECTED BY A REDUCTION IN

15 FORCE ATTRIBUTABLE TO THIS ACT.

16 (a) IN GENERAL.—Subchapter I of chapter 33 of title

17 5, United States Code, is amended by inserting after sec18 tion 3329 the following:

19 ‘‘§ 3329a. Priority placement programs for employees

20 affected by a reduction in force attrib21 utable to the Department of Commerce

22 Dismantling Act

23 ‘‘(a)(1) For the purpose of this section, the term ‘af24 fected agency’—
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1 ‘‘(A) except as provided in subparagraph (B),

2 means an Executive agency to which personnel are

3 transferred in connection with a transfer of function

4 under the Department of Commerce Dismantling

5 Act, and

6 ‘‘(B) with respect to employees of the Depart7 ment of Commerce in general administration, the In8 spector General’s office, or the General Counsel’s of9 fice, or who provided overhead support to other com10 ponents of the Department on a reimbursable basis,

11 means all agencies to which functions of those em12 ployees are transferred under the Department of

13 Commerce Dismantling Act.

14 ‘‘(2) This section applies with respect to any reduc15 tion in force that—

16 ‘‘(A) occurs within 12 months after the date of

17 enactment of this section; and

18 ‘‘(B) is due to—

19 ‘‘(i) the termination of any function of the

20 Department of Commerce; or

21 ‘‘(ii) the agency’s having excess personnel

22 as a result of a transfer of function described

23 in paragraph (1), as determined by—

24 ‘‘(I) the Director of the Office of

25 Management and Budget, in the case of a
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1 function transferred to the Office of Man2 agement and Budget; or

3 ‘‘(II) the head of the agency, in the

4 case of any function transferred to an

5 agency other than the Office of Manage6 ment and Budget.

7 ‘‘(b) As soon as practicable after the date of enact8 ment of this section, each affected agency shall establish

9 an agencywide priority placement program to facilitate

10 employment placement for employees who, due to a reduc11 tion in force described in subsection (a)(2)—

12 ‘‘(1) are scheduled to be separated from service;

13 or

14 ‘‘(2) are separated from service.

15 ‘‘(c)(1) Each agencywide priority placement program

16 shall include provisions under which a vacant position

17 shall not be filled by the appointment or transfer of any

18 individual from outside of that agency if—

19 ‘‘(A) an individual described in paragraph (2)

20 who is qualified for the position is available for the

21 position at the time of the occurrence of the va22 cancy; and

23 ‘‘(B) the position—

24 ‘‘(i) is at the same grade (or pay level) or

25 not more than 1 grade (or pay level) below that
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1 of the position last held by such individual be2 fore placement in the new position; and

3 ‘‘(ii) is within the same commuting area as

4 the individual’s last-held position (as referred to

5 in clause (i)) or residence.

6 ‘‘(2) For purposes of an agencywide priority place7 ment program, an individual shall be considered to be de8 scribed in this paragraph if the most recent performance

9 evaluation of the individual was at least fully successful

10 (or the equivalent), and such individual is either—

11 ‘‘(A) an employee of the agency who is sched12 uled to be separated, as described in subsection

13 (b)(1); or

14 ‘‘(B) an individual who became a former em15 ployee of the agency as a result of a separation, as

16 described in subsection (b)(2).

17 ‘‘(d)(1) Nothing in this section shall affect any prior18 ity placement program of the Department of Defense that

19 is in operation as of the date of enactment of this section.

20 ‘‘(2) Nothing in this section shall impair any place21 ment program within an agency subject to a reduction in

22 force resulting from a cause other than the Department

23 of Commerce Dismantling Act.

24 ‘‘(e) An individual shall cease to be eligible to partici25 pate in a program under this section on the earlier of—
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1 ‘‘(1) the conclusion of the 12-month period be2 ginning on the date on which the individual first be3 came eligible to participate under subsection (c)(2);

4 or

5 ‘‘(2) the date on which the individual declines

6 a bona fide offer (or if the individual does not act

7 on the offer, the last date on which the individual

8 could accept the offer) from the affected agency of

9 a position described in subsection (c)(1)(B).’’.

10 (b) CONFORMING AMENDMENT.—The chapter analy11 sis for chapter 33 of title 5, United States Code, is amend12 ed by inserting after the item relating to section 3329 the

13 following:

‘‘3329a. Priority placement programs for employees affected by a reduction in

force attributable to the Department of Commerce Dismantling

Act.’’.

14 SEC. 111. FUNDING REDUCTIONS FOR TRANSFERRED

15 FUNCTIONS.

16 (a) FUNDING REDUCTIONS.—Except as provided in

17 subsection (b), the total amount authorized to be appro18 priated by the United States for accounts related to the

19 performance of functions transferred under this Act to the

20 Director or to the Office from the Department, or any of

21 its officers or components, shall not exceed—

22 (1) for the first fiscal year that begins after the

23 date specified in section 102(c), 75 percent of the

24 total amount appropriated to the Department for
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1 the performance of those functions for fiscal year

2 1997; and

3 (2) for the second fiscal year that begins after

4 the date specified in section 102(c) and for each fis5 cal year thereafter, 65 percent of the total amount

6 appropriated to the Department for the performance

7 of those functions for fiscal year 1997.

8 (b) EXCEPTION.—Subsection (a) shall not apply to

9 obligations or expenditures incurred as a direct con10 sequence of the termination, transfer, or other disposition

11 of functions described in subsection (a) pursuant to this

12 Act.

13 (c) RULE OF CONSTRUCTION.—This section shall su14 persede any other provision of law that does not explic15 itly—

16 (1) refer to this section; and

17 (2) create an exemption from this section.

18 (d) RESPONSIBILITIES OF THE DIRECTOR.—The Di19 rector shall—

20 (1) ensure compliance with the requirements of

21 this section; and

22 (2) include in each report under subsections (a)

23 and (b) of section 106 a description of actions taken

24 to comply with the requirements referred to in para25 graph (1).
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1 TITLE II—DISPOSITION OF PRO2 GRAMS, FUNCTIONS, AND

3 AGENCIES OF DEPARTMENT

4 OF COMMERCE

5 SEC. 201. ECONOMIC DEVELOPMENT.

6 (a) TERMINATED FUNCTIONS.—The Public Works

7 and Economic Development Act of 1965 (42 U.S.C. 3121

8 et seq.) is repealed.

9 (b) TRANSFER OF FINANCIAL OBLIGATIONS OWED

10 TO THE DEPARTMENT.—There are transferred to the Sec11 retary of the Treasury the loans, notes, bonds, debentures,

12 securities, and other financial obligations owned by the

13 Department of Commerce under the Public Works and

14 Economic Development Act of 1965, together with all as15 sets or other rights (including security interests) incident

16 thereto, and all liabilities related thereto. There are as17 signed to the Secretary of the Treasury the functions,

18 powers, and abilities vested in or delegated to the Sec19 retary of Commerce or the Department of Commerce to

20 manage, service, collect, sell, dispose of, or otherwise real21 ize proceeds on obligations owed to the Department of

22 Commerce under authority of such Act with respect to any

23 loans, obligations, or guarantees made or issued by the

24 Department of Commerce pursuant to such Act.
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1 (c) AUDIT.—Not later than 18 months after the date

2 of enactment of this Act, the Comptroller General shall—

3 (1) conduct an audit of all grants made or is4 sued by the Department of Commerce under the

5 Public Works and Economic Development Act of

6 1965 in fiscal year 1997 and all loans, obligations,

7 and guarantees; and

8 (2) transmit to Congress a report on the results

9 of the audit referred to in paragraph (1).

10 SEC. 202. TECHNOLOGY ADMINISTRATION.

11 (a) TECHNOLOGY ADMINISTRATION.—

12 (1) GENERAL RULE.—Except as otherwise pro13 vided in this section, the Technology Administration

14 of the Department of Commerce is terminated.

15 (2) OFFICE OF TECHNOLOGY POLICY.—The Of16 fice of Technology Policy of the Department of Com17 merce is terminated.

18 (b) NATIONAL INSTITUTE OF STANDARDS AND

19 TECHNOLOGY.—

20 (1) REDESIGNATION.—The National Institute

21 of Standards and Technology of the Department of

22 Commerce is hereby redesignated as the National

23 Bureau of Standards, and all references to the Na24 tional Institute of Standards and Technology in
25

•S 1316 IS

1 Federal law or regulations are deemed to be ref2 erences to the National Bureau of Standards.

3 (2) GENERAL RULE.—The National Bureau of

4 Standards (in this subsection referred to as the

5 ‘‘Bureau’’) is transferred from the Department of

6 Commerce to the National Oceanic and Atmospheric

7 Administration, established in section 206.

8 (3) FUNCTIONS OF DIRECTOR.—Except as oth9 erwise provided in this section or section 207, upon

10 the transfer under paragraph (2), the Director of

11 the Bureau shall perform all functions relating to

12 the Bureau that, immediately before the effective

13 date specified in section 208(a), were functions of

14 the Secretary of Commerce or the Under Secretary

15 of Commerce for Technology.

16 (c) NATIONAL TECHNICAL INFORMATION SERV17 ICE.—

18 (1) PRIVATIZATION.—All functions of the Na19 tional Technical Information Service of the Depart20 ment of Commerce are transferred to the Director of

21 the Office of Management and Budget for privatiza22 tion in accordance with section 109 by the date spec23 ified in subsection (a) of that section.

24 (2) TRANSFER TO NATIONAL OCEANIC AND AT25 MOSPHERIC ADMINISTRATION.—If, by the date speci-
26

•S 1316 IS

1 fied in section 109(a), an appropriate arrangement

2 for the privatization of functions of the National

3 Technical Information Service under paragraph (1)

4 has not been made, the National Technical Informa5 tion Service shall be transferred to the National

6 Oceanic and Atmospheric Administration established

7 in section 206.

8 (3) GOVERNMENT CORPORATION.—If, by the

9 date specified in section 109(a), an appropriate ar10 rangement for the privatization of functions of the

11 National Technical Information Service under para12 graph (1) has not been made, the Director of the

13 Office of Management and Budget shall, not later

14 than 180 days after the date specified in section

15 109(a), submit to Congress recommended legislation

16 to establish the National Technical Information

17 Service as a wholly owned Government corporation.

18 The recommended legislation shall provide for the

19 corporation to perform substantially the same func20 tions that, as of the date of enactment of this Act,

21 are performed by the National Technical Informa22 tion Service.

23 (4) FUNDING.—No funds are authorized to be

24 appropriated for the National Technical Information

25 Service or any successor corporation established pur-
27

•S 1316 IS

1 suant to recommended legislation under paragraph

2 (3).

3 (d) AMENDMENTS.—

4 (1) NATIONAL INSTITUTE OF STANDARDS AND

5 TECHNOLOGY ACT.—The National Institute of

6 Standards and Technology Act (15 U.S.C. 271 et

7 seq.) is amended—

8 (A) in section 2(b), by striking paragraph

9 (1) and redesignating paragraphs (2) through

10 (11) as paragraphs (1) through (10), respec11 tively;

12 (B) in section 2(d), by striking ‘‘, including

13 the programs established under sections 25, 26,

14 and 28 of this Act’’;

15 (C) in section 10—

16 (i) in the section heading, by striking

17 ‘‘Advanced’’ and inserting ‘‘Standards

18 and’’; and

19 (ii) in subsection (a), by striking ‘‘Ad20 vanced’’ and inserting ‘‘Standards and’’;

21 and

22 (D) by striking sections 24, 25, 26, and

23 28.

24 (2) STEVENSON-WYDLER TECHNOLOGY INNOVA25 TION ACT OF 1980.—The Stevenson-Wydler Tech-
28

•S 1316 IS

1 nology Innovation Act of 1980 (15 U.S.C. 3701 et

2 seq.) is amended—

3 (A) in section 3, by striking paragraph (2)

4 and redesignating paragraphs (3) through (5)

5 as paragraphs (2) through (4), respectively;

6 (B) in section 4, by striking paragraphs

7 (1), (4), and (13) and redesignating paragraphs

8 (2), (3), (5), (6), (7), (8), (9), (10), (11), and

9 (12) as paragraphs (1) through (10), respec10 tively;

11 (C) by striking sections 5 through 10;

12 (D) in section 11—

13 (i) in subsection (c)(3), by striking ‘‘,

14 the Federal Laboratory Consortium for

15 Technology Transfer,’’;

16 (ii) in subsection (d)—

17 (I) in paragraph (2), by striking

18 ‘‘and the Federal Laboratory Consor19 tium for Technology Transfer’’; and

20 (II) in paragraph (3), by striking

21 ‘‘, and refer such requests’’ and all

22 that follows through ‘‘available to the

23 Service’’; and

24 (iii) by striking subsection (e); and

25 (E) in section 17—
29

•S 1316 IS

1 (i) in subsection (c)—

2 (I) in paragraph (1), by striking

3 ‘‘Subject to paragraph (2), separate’’

4 and inserting ‘‘Separate’’; and

5 (II) by striking paragraph (2)

6 and redesignating paragraph (3) as

7 paragraph (2);

8 (ii) in subsection (f), by striking

9 ‘‘funds to carry out’’ and inserting ‘‘funds

10 only to pay the salary of the Director of

11 the Office of Quality Programs, who shall

12 be responsible for carrying out’’; and

13 (iii) by adding at the end the follow14 ing new subsection:

15 ‘‘(h) VOLUNTARY AND UNCOMPENSATED SERV16 ICES.—The Director of the Office of Quality Programs

17 may accept voluntary and uncompensated services not18 withstanding the provisions of section 1342 of title 31,

19 United States Code.’’.

20 (3) MISCELLANEOUS AMENDMENTS.—Section 3

21 of Public Law 94–168 (15 U.S.C. 205b) is amend22 ed—

23 (A) by striking paragraph (2);

24 (B) by redesignating paragraphs (3) and

25 (4) as paragraphs (2) and (3), respectively; and
30

•S 1316 IS

1 (C) in paragraph (3), as redesignated by

2 subparagraph (B) of this paragraph, by striking

3 ‘‘in nonbusiness activities’’.

4 SEC. 203. REORGANIZATION OF THE BUREAU OF THE CEN5 SUS AND THE BUREAU OF ECONOMIC ANALY6 SIS.

7 (a) TRANSFER OF FUNCTIONS.—All functions of the

8 Secretary of Commerce relating to the Bureau of the Cen9 sus and the Bureau of Economic Analysis of the Depart10 ment of Commerce are transferred to the Federal Statis11 tical Service established under title V.

12 (b) TRANSFER OF BUREAUS.—The Bureau of the

13 Census and Bureau of Economic Analysis of the Depart14 ment of Commerce are transferred to the Federal Statis15 tical Service established under title V.

16 (c) REFERENCES TO SECRETARY.—Section 1(2) of

17 the title 13, United States Code, is amended by striking

18 ‘‘Secretary of Commerce’’ and inserting ‘‘Administrator of

19 the Federal Statistical Service’’.

20 (d) REFERENCES TO DEPARTMENT.—Section 2 of

21 title 13, United States Code, is amended by striking ‘‘De22 partment of Commerce’’ and inserting ‘‘Federal Statistical

23 Service’’.
31

•S 1316 IS

1 (e) GENERAL REFERENCES TO SECRETARY AND DE2 PARTMENT.—Title 13, United States Code, is further

3 amended—

4 (1) by striking ‘‘Secretary of Commerce’’ each

5 place it appears and inserting ‘‘Administrator of the

6 Federal Statistical Service’’; and

7 (2) by striking ‘‘Department of Commerce’’

8 each place it appears and inserting ‘‘Federal Statis9 tical Service’’.

10 SEC. 204. TERMINATED FUNCTIONS OF NATIONAL TELE11 COMMUNICATIONS AND INFORMATION AD12 MINISTRATION.

13 (a) REPEALS.—The following provisions of law are

14 repealed:

15 (1) Subpart A of part IV of title III of the

16 Communications Act of 1934 (47 U.S.C. 390 et

17 seq.), relating to assistance for public telecommuni18 cations facilities.

19 (2) Subpart B of part IV of title III of the

20 Communications Act of 1934 (47 U.S.C. 394), relat21 ing to the Endowment for Children’s Educational

22 Television.

23 (3) Subpart C of part IV of title III of the

24 Communications Act of 1934 (47 U.S.C. 395), relat25 ing to Telecommunications Demonstration grants.
32

•S 1316 IS

1 (b) DISPOSAL OF NATIONAL TELECOMMUNICATIONS

2 AND INFORMATION ADMINISTRATION LABORATORIES.—

3 (1) PRIVATIZATION.—All laboratories of the

4 National Telecommunications and Information Ad5 ministration are transferred to the Director of the

6 Office of Management and Budget for privatization

7 in accordance with section 109 by the date specified

8 in subsection (a) of that section.

9 (2) TRANSFER TO NATIONAL OCEANIC AND AT10 MOSPHERIC ADMINISTRATION.—If an appropriate

11 arrangement for the privatization of functions of the

12 laboratories of the National Telecommunications and

13 Information Administration under paragraph (1) has

14 not been made by the date specified in section

15 109(a), the laboratories of the National Tele16 communications and Information Administration

17 shall be transferred as of the end of such period to

18 the National Oceanic and Atmospheric Administra19 tion established in section 206.

20 (3) TRANSFER OF FUNCTIONS.—The functions

21 of the National Telecommunications and Informa22 tion Administration concerning research and analy23 sis of the electromagnetic spectrum described in sec24 tion 5112(b) of the Omnibus Trade and Competi25 tiveness Act of 1988 (15 U.S.C. 1532) are trans-
33

•S 1316 IS

1 ferred to the Director of the National Bureau of

2 Standards.

3 (c) TRANSFER OF NATIONAL TELECOMMUNICATIONS

4 AND INFORMATION ADMINISTRATION FUNCTIONS.—

5 (1) TRANSFER TO FEDERAL COMMUNICATIONS

6 COMMISSION.—Except as provided in subsection

7 (b)(2), the functions of the National Telecommuni8 cations and Information Administration, and of the

9 Secretary of Commerce and the Assistant Secretary

10 for Communications and Information of the Depart11 ment of Commerce with respect to the National

12 Telecommunications and Information Administra13 tion, are transferred to the Federal Communications

14 Commission. The functions transferred by this para15 graph shall be placed in an organizational compo16 nent that is independent from all Federal Commu17 nications Commission functions directly related to

18 the negotiation of trade agreements. Such functions

19 shall be supervised by an individual whose principal

20 professional expertise is in the area of telecommuni21 cations. The position to which such individual is ap22 pointed shall be graded at a level sufficiently high to

23 attract a highly qualified individual, while ensuring

24 autonomy in the conduct of such functions from all
34

•S 1316 IS

1 activities and influences associated with trade nego2 tiations.

3 (2) REFERENCES.—References in any provision

4 of law (including the National Telecommunications

5 and Information Administration Organization Act)

6 to the Secretary of Commerce or the Assistant Sec7 retary for Communications and Information of the

8 Department of Commerce—

9 (A) with respect to a function vested pur10 suant to this section in the Federal Commu11 nications Commission shall be deemed to refer

12 to the United States Trade Representative; and

13 (B) with respect to a function vested pur14 suant to this section in the Director of the Na15 tional Bureau of Standards shall be deemed to

16 refer to the Director of the National Bureau of

17 Standards.

18 (3) TERMINATION OF NTIA.—Effective on the

19 applicable date specified in section 102(c), the Na20 tional Telecommunications and Information Admin21 istration is abolished.

22 SEC. 205. TERMINATIONS AND TRANSFERS.

23 (a) TERMINATION OF MISCELLANEOUS RESEARCH

24 PROGRAMS AND ACCOUNTS.—
35

•S 1316 IS

1 (1) IN GENERAL.—No funds may be appro2 priated for any fiscal year for the following pro3 grams and accounts of the National Oceanic and At4 mospheric Administration:

5 (A) The National Undersea Research Pro6 gram.

7 (B) The Fleet Modernization Program.

8 (C) The Charleston, South Carolina, Spe9 cial Management Plan.

10 (D) Chesapeake Bay Observation Buoys

11 (as of September 30, 1996).

12 (E) Federal/State Weather Modification

13 Grants.

14 (F) The Southeast Storm Research Ac15 count.

16 (G) The Southeast United States Carib17 bean Fisheries Oceanographic Coordinated In18 vestigations Program.

19 (H) National Institute for Environmental

20 Renewal.

21 (I) The Lake Champlain Study.

22 (J) The Maine Marine Research Center.

23 (K) The South Carolina Cooperative Geo24 detic Survey Account.

25 (L) Pacific Island Technical Assistance.
36

•S 1316 IS

1 (M) Sea Grant Oyster Disease Account.

2 (N) National Weather Service non-Federal,

3 non-wildfire Weather Service.

4 (O) National Weather Service Regional

5 Climate Centers.

6 (P) National Weather Service Samoa

7 Weather Forecast Office Repair and Upgrade

8 Account.

9 (Q) Dissemination of Weather Charts (Ma10 rine Facsimile Service).

11 (R) The Climate and Global Change Ac12 count.

13 (S) The Global Learning and Observations

14 to Benefit the Environment Program.

15 (T) Mussel watch.

16 (2) REPEALS.—The following provisions of law

17 are repealed:

18 (A) The Ocean Thermal Conversion Act of

19 1980 (42 U.S.C. 9101 et seq.).

20 (B) Title IV of the Marine Protection, Re21 search, and Sanctuaries Act of 1972 (16 U.S.C.

22 1447 et seq.).

23 (C) Title V of the Marine Protection, Re24 search, and Sanctuaries Act of 1972 (33 U.S.C.

25 2801 et seq.).
37

•S 1316 IS

1 (D) The Great Lakes Fish and Wildlife

2 Tissue Bank Act (16 U.S.C. 943 et seq.).

3 (E) Section 208(c) of the National Sea

4 Grant College Program Act (33 U.S.C.

5 1127(c)).

6 (F) Section 305 of the Coastal Zone Man7 agement Act of 1972 (16 U.S.C. 1454) is re8 pealed effective October 1, 2000.

9 (G) The NOAA Fleet Modernization Act

10 (33 U.S.C. 891 et seq.).

11 (H) Public Law 85–342 (72 Stat. 35; 16

12 U.S.C. 778 et seq.), relating to fish research

13 and experimentation.

14 (I) The first section of the Act of August

15 8, 1956 (70 Stat. 1126, chapter 1039; 16

16 U.S.C. 760d), relating to grants for commercial

17 fishing education.

18 (J) Public Law 86–359 (16 U.S.C. 760e et

19 seq.), relating to the study of migratory marine

20 gamefish.

21 (b) AERONAUTICAL MAPPING AND CHARTING.—

22 (1) IN GENERAL.—The aeronautical mapping

23 and charting functions of the National Oceanic and

24 Atmospheric Administration are transferred to the
38

•S 1316 IS

1 Transportation Administrative Services Center at

2 the Department of Transportation.

3 (2) TERMINATION OF CERTAIN FUNCTIONS.—

4 The Transportation Administrative Services Center

5 shall terminate any functions transferred under

6 paragraph (1) that are performed by the private sec7 tor or obtain by contract from the private sector

8 those activities that are commercial in nature and

9 necessary to carry out inherently governmental func10 tions.

11 (3) FUNCTIONS REQUESTED BY FEDERAL AVIA12 TION ADMINISTRATION.—

13 (A) IN GENERAL.—Notwithstanding para14 graph (2), the Director of the Transportation

15 Administrative Services Center (referred to in

16 this paragraph as the ‘‘Director’’) shall carry

17 out such aeronautical charting functions as may

18 be requested by the Administrator of the Fed19 eral Aviation Administration.

20 (B) AERONAUTICAL MAPPING.—In carry21 ing out aeronautical mapping functions re22 quested by the Administrator under subpara23 graph (A), the Director shall in such manner

24 and including such information as the Adminis25 trator determines is necessary for, or will pro-
39

•S 1316 IS

1 mote, the safe and efficient movement of air2 craft in air commerce—

3 (i) publish and distribute to the public

4 and to the Administrator any aeronautical

5 charts requested by the Administrator; and

6 (ii) provide to the Administrator such

7 other air traffic control products and serv8 ices as may be requested by the Adminis9 trator.

10 (4) CONTINUING APPLICABILITY.—

11 (A) IN GENERAL.—Except as provided in

12 subparagraph (B), the requirements of section

13 1307 of title 44, United States Code, shall con14 tinue to apply with respect to all aeronautical

15 products created or published by the Director in

16 carrying out the functions transferred to the

17 Director under this paragraph.

18 (B) EXCEPTIONS.—The prices for products

19 referred to in subparagraph (A) shall be estab20 lished jointly by the Director and the Secretary

21 of Transportation on an annual basis.

22 (c) TRANSFER OF MAPPING, CHARTING, AND GEOD23 ESY FUNCTIONS TO THE ARMY CORPS OF ENGINEERS.—

24 (1) IN GENERAL.—Except as provided in sub25 section (b), there are transferred to the Army Corps
40

•S 1316 IS

1 of Engineers the functions relating to mapping,

2 charting, and geodesy authorized under the Act of

3 August 7, 1947 (61 Stat. 787, chapter 504; 33

4 U.S.C. 883a).

5 (2) TERMINATION OF CERTAIN FUNCTIONS.—

6 The Secretary of the Army, acting through the Chief

7 of Engineers of Army Corps of Engineers, shall ter8 minate any functions transferred under paragraph

9 (1) that are performed by the private sector or ob10 tain by contract from the private sector those func11 tions that are commercial in nature and are nec12 essary to carry out inherently governmental func13 tions.

14 (d) NATIONAL ENVIRONMENTAL SATELLITE, DATA,

15 AND INFORMATION.—There are transferred to the Na16 tional Oceanic and Atmospheric Administration estab17 lished in section 206 all functions and assets of the Na18 tional Oceanic and Atmospheric Administration that on

19 the date immediately before the effective date of this sec20 tion are authorized to be performed by the National Envi21 ronmental Satellite, Data, and Information System.

22 (e) OCEANIC AND ATMOSPHERIC ADMINISTRA23 TION.—There are transferred to the National Oceanic and

24 Atmospheric Administration established in section 206 all

25 functions and assets of the National Oceanic and Atmos-
41

•S 1316 IS

1 pheric Administration (including global programs) that on

2 the date immediately before the effective date of this sec3 tion were authorized to be performed by the Office of Oce4 anic and Atmospheric Research.

5 (f) NATIONAL WEATHER SERVICE.—

6 (1) IN GENERAL.—There are transferred to the

7 National Oceanic and Atmospheric Administration

8 established in section 206 all functions and assets of

9 the National Oceanic and Atmospheric Administra10 tion that on the date immediately before the effec11 tive date of this section are authorized to be per12 formed by the National Weather Service.

13 (2) DUTIES.—Except as provided in paragraph

14 (3), to protect life and property and enhance the na15 tional economy, the Administrator of Oceans and At16 mosphere, through the National Weather Service,

17 shall be responsible for the following:

18 (A) Forecasts. (The Administrator shall

19 serve as the sole and official sources of weather

20 and flood warnings for the Federal Govern21 ment.)

22 (B) The issuance of storm warnings.

23 (C) The collection, exchange, and distribu24 tion of meteorological, hydrological, climatic,

25 and oceanographic data and information.
42

•S 1316 IS

1 (D) The preparation of hydro-meteorologi2 cal guidance and core forecast information.

3 (3) LIMITATIONS ON COMPETITION.—The Na4 tional Weather Service may not compete, or assist

5 other entities in competing, with the private sector

6 to provide a service in any case in which that service

7 is provided by a private sector commercial enterprise

8 or a private sector commercial enterprise is able to

9 provide that service, unless—

10 (A) the Administrator of Oceans and At11 mosphere finds that private sector commercial

12 enterprises are unwilling or unable to provide

13 the service; and

14 (B) the Administrator of Oceans and At15 mosphere finds that the service provides vital

16 weather warnings and forecasts for the protec17 tion of lives and property of the general public.

18 (4) ORGANIC ACT AMENDMENTS.—The Act en19 titled ‘‘An Act to increase the efficiency and reduce

20 the expenses of the Signal Corps of the Army, and

21 to transfer the Weather Bureau to the Department

22 of Agriculture’’, approved October 1, 1890 (26 Stat.

23 653, chapter 1266) is amended—

24 (A) by striking section 3 (15 U.S.C. 313);

25 and
43

•S 1316 IS

1 (B) in section 9 (15 U.S.C. 317), by strik2 ing ‘‘Department of’’ and all that follows there3 after and inserting ‘‘National Oceanic and At4 mospheric Administration.’’.

5 (5) REPEAL.—Sections 706 and 707 of the

6 Weather Service Modernization Act (15 U.S.C. 313

7 note) are repealed.

8 (6) CONFORMING AMENDMENTS.—The Weather

9 Service Modernization Act (15 U.S.C. 313 note) is

10 amended—

11 (A) in section 702, by striking paragraph

12 (3) and redesignating paragraphs (4) through

13 (10) as paragraphs (3) through (9), respec14 tively; and

15 (B) in section 703—

16 (i) by striking ‘‘(a) NATIONAL IMPLE17 MENTATION PLAN.—’’;

18 (ii) by striking paragraph (3) and re19 designating paragraphs (4) through (6) as

20 paragraphs (3) through (5), respectively;

21 and

22 (iii) by striking subsections (b) and

23 (c).
44

•S 1316 IS

1 (g) TERMINATION OF THE NATIONAL OCEANIC AND

2 ATMOSPHERIC ADMINISTRATION CORPS OF COMMIS3 SIONED OFFICERS.—

4 (1) NUMBER OF OFFICERS.—Notwithstanding

5 section 8 of the Act of June 3, 1948 (62 Stat. 298,

6 chapter 390; 33 U.S.C. 853g), no funding may be

7 provided for a commissioned officer of the National

8 Oceanic and Atmospheric Administration Corps

9 after fiscal year 1997 and no individual may serve

10 as such a commissioned officer after fiscal year

11 1997.

12 (2) SEPARATION PAY.—

13 (A) IN GENERAL.—Commissioned officers

14 may be separated from the active list of the Na15 tional Oceanic and Atmospheric Administration.

16 Any officer so separated because of paragraph

17 (1) shall, subject to subparagraph (B) and the

18 availability of appropriations, be eligible for sep19 aration pay under section 9 of the Act of June

20 3, 1948 (62 Stat. 299, chapter 390; 33 U.S.C.

21 853h) to the same extent as if such officer had

22 been separated under section 8 of such Act (62

23 Stat. 298, chapter 390; 33 U.S.C. 853g).

24 (B) TRANSFEREES.—Any officer who,

25 under paragraph (4), transfers to another of
45

•S 1316 IS

1 the uniformed services or becomes employed in

2 a civil service position shall not be eligible for

3 separation pay under this paragraph.

4 (C) REPAYMENT.—

5 (i) IN GENERAL.—Any officer who re6 ceives separation pay under this paragraph

7 shall be required to repay the amount re8 ceived if, within 1 year after the date of

9 the separation on which the payment is

10 based, such officer is reemployed in a civil

11 service position in the National Oceanic

12 and Atmospheric Administration, the du13 ties of which position would formerly have

14 been performed by a commissioned officer,

15 as determined by the Administrator of

16 Oceans and Atmosphere.

17 (ii) LUMP SUM.—A repayment under

18 this subparagraph shall be made in a lump

19 sum or in such installments as the Admin20 istrator may specify.

21 (D) REPAYMENTS.—

22 (i) IN GENERAL.—In the case of any

23 officer who makes a repayment under sub24 paragraph (C)—
46

•S 1316 IS

1 (I) the National Oceanic and At2 mospheric Administration shall pay

3 into the Civil Service Retirement and

4 Disability Fund, on such officer’s be5 half, any deposit required under sec6 tion 8422(e)(1) of title 5, United

7 States Code, with respect to any prior

8 service performed by that individual

9 as such an officer; and

10 (II) if the amount paid under

11 subclause (I) is less than the amount

12 of the repayment under subparagraph

13 (C), the National Oceanic and Atmos14 pheric Administration shall pay into

15 the Government Securities Investment

16 Fund (established under section

17 8438(b)(1)(A) of title 5, United

18 States Code), on such individual’s be19 half, an amount equal to the dif20 ference.

21 (ii) APPLICABILITY.—The provisions

22 of paragraph (5)(C)(iv) shall apply with re23 spect to any contribution to the Thrift

24 Savings Plan made under clause (ii).
47

•S 1316 IS

1 (3) PRIORITY PLACEMENT PROGRAM.—A prior2 ity placement program similar to the programs de3 scribed in section 3329a of title 5, United States

4 Code (as added by section 110 of this Act) shall be

5 established by the National Oceanic and Atmos6 pheric Administration to assist commissioned offi7 cers who are separated from the active list of the

8 National Oceanic and Atmospheric Administration

9 because of paragraph (1).

10 (4) TRANSFER.—

11 (A) TRANSFERS TO ARMED FORCES.—Sub12 ject to the approval of the Secretary of Defense

13 and under terms and conditions specified by the

14 Secretary, commissioned officers subject to

15 paragraph (1) may transfer to the Armed

16 Forces under section 716 of title 10, United

17 States Code.

18 (B) TRANSFERS TO UNITED STATES COAST

19 GUARD.—Subject to the approval of the Sec20 retary of Transportation and under terms and

21 conditions specified by the Secretary, commis22 sioned officers subject to paragraph (1) may

23 transfer to the United States Coast Guard

24 under section 716 of title 10, United States

25 Code.
48

•S 1316 IS

1 (C) TRANSFERS TO NATIONAL OCEANIC

2 AND ATMOSPHERIC ADMINISTRATION.—Subject

3 to the approval of the Administrator of Oceans

4 and Atmosphere and under terms and condi5 tions specified by that Administrator, commis6 sioned officers subject to paragraph (1) may be

7 employed by the National Oceanic and Atmos8 pheric Administration as members of the civil

9 service.

10 (5) RETIREMENT PROVISIONS.—

11 (A) IN GENERAL.—For commissioned offi12 cers who transfer under paragraph (4)(A) to

13 the Armed Forces, the National Oceanic and

14 Atmospheric Administration shall pay into the

15 Department of Defense Military Retirement

16 Fund an amount, to be calculated by the Sec17 retary of Defense in consultation with the Sec18 retary of the Treasury, equal to the actuarial

19 present value of any retired or retainer pay they

20 will draw upon retirement, including full credit

21 for service in the National Oceanic and Atmos22 pheric Administration (referred to in this title

23 as the ‘‘NOAA Corps’’). Any payment under

24 this subparagraph shall, for purposes of para-
49

•S 1316 IS

1 graph (2) of section 206(g), be considered to be

2 an expenditure described in such paragraph.

3 (B) OTHER TRANSFERS.—For commis4 sioned officers who transfer under paragraph

5 (4)(B) to the United States Coast Guard, full

6 credit for service in the NOAA Corps shall be

7 given for purposes of any annuity or other simi8 lar benefit under the retirement system for

9 members of the United States Coast Guard, en10 titlement to which is based on the separation of

11 such officer.

12 (C) PAYMENT TO CERTAIN COMMISSIONED

13 OFFICERS WHO TRANSFER TO CIVIL SERVICE

14 POSITIONS.—(i) For a commissioned officer

15 who becomes employed in a civil service position

16 pursuant to paragraph (4)(C) and thereupon

17 becomes subject to the Federal Employees’ Re18 tirement System, the National Oceanic and At19 mospheric Administration shall pay, on such of20 ficer’s behalf—

21 (I) into the Civil Service Retirement

22 and Disability Fund, the amounts required

23 under clause (ii); and
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1 (II) into the Government Securities

2 Investment Fund, the amount required

3 under clause (iii).

4 (ii)(I) The amount required under this

5 subclause is the amount of any deposit required

6 under section 8422(e)(1) of title 5, United

7 States Code, with respect to any prior service

8 performed by the individual as a commissioned

9 officer of the National Oceanic and Atmos10 pheric Administration.

11 (II) To determine the amount required

12 under this subclause, first determine, for each

13 year of service with respect to which the deposit

14 under subclause (I) relates, the product of the

15 normal-cost percentage for such year (as deter16 mined under the last sentence of this subclause)

17 multiplied by basic pay received by the individ18 ual for any such service performed in such year.

19 Second, take the sum of the amounts deter20 mined for the respective years under the first

21 sentence. Finally, subtract from such sum the

22 amount of the deposit under subclause (I). For

23 purposes of the first sentence, the normal-cost

24 percentage for any year shall be as determined

25 for such year under the provisions of section
51

•S 1316 IS

1 8423(a)(1) of title 5, United States Code, ex2 cept that, in the case of any year before the

3 first year for which any normal-cost percentage

4 was determined under such provisions, the nor5 mal-cost percentage for such first year shall be

6 used.

7 (iii) The amount required under this clause

8 is the amount by which the separation pay to

9 which the officer would have been entitled

10 under the second sentence of paragraph (2)(A)

11 (assuming the conditions for receiving such sep12 aration pay have been met) exceeds the amount

13 of the deposit under clause (ii)(I), if at all.

14 (iv)(I) Any contribution made under this

15 subparagraph to the Thrift Savings Plan shall

16 not be subject to any otherwise applicable limi17 tation on contributions contained in the Inter18 nal Revenue Code of 1986, and shall not be

19 taken into account in applying any such limita20 tion to other contributions or benefits under the

21 Thrift Savings Plan, with respect to the year in

22 which the contribution is made.

23 (II) A plan referred to in subclause (I)

24 shall not be treated as failing to meet any non-
52

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1 discrimination requirement by reason of the

2 making of such contribution.

3 (6) REPEALS.—

4 (A) IN GENERAL.—The following provi5 sions of law are repealed:

6 (i) The Coast and Geodetic Survey

7 Commissioned Officers’ Act of 1948 (33

8 U.S.C. 853a–853o, 853p–853u).

9 (ii) Section 5 of the Act of February

10 16, 1929 (45 Stat. 1187, chapter 221; 33

11 U.S.C. 852a).

12 (iii) The Act of January 19, 1942 (56

13 Stat. 6, chapter 6).

14 (iv) Section 9(c) of Public Law 87–

15 649 (76 Stat. 495).

16 (v) Section 16 of the Act of May 22,

17 1917 (40 Stat. 87, chapter 20; 33 U.S.C.

18 854).

19 (vi) The Act of December 3, 1942 (56

20 Stat. 1038, chapter 670).

21 (vii) Sections 1 through 5 of Public

22 Law 91–621 (33 U.S.C. 857–1 through

23 857–5).
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1 (viii) Section 3 of the Act of August

2 10, 1956 (70A Stat. 619, chapter 1041; 33

3 U.S.C. 857a).

4 (ix) Section 11 of the Act of May 18,

5 1920 (41 Stat. 603, chapter 190; 33

6 U.S.C. 864).

7 (x) The Act of July 22, 1947 (61

8 Stat. 400, chapter 286; 33 U.S.C. 873 and

9 874).

10 (xi) The Act of August 3, 1956 (70

11 Stat. 988, chapter 932; 33 U.S.C. 875 and

12 876).

13 (B) RULE OF CONSTRUCTION.—No repeal

14 under this subparagraph shall affect any annu15 ity or other similar benefit payable, under any

16 provision of law so repealed, based on the sepa17 ration of any individual from the NOAA Corps

18 on or before September 30, 2000. Any author19 ity exercised by the Secretary of Commerce or

20 the designee of the Secretary with respect to

21 any such benefits shall be exercised by the Ad22 ministrator of Oceans and Atmosphere, and any

23 authorization of appropriations relating to those

24 benefits, which is in effect as of September 30,
54

•S 1316 IS

1 2000, shall be considered to have remained in

2 effect.

3 (C) EFFECTIVE DATE OF REPEALS.—The

4 effective date of the repeals under subpara5 graph (A) shall be October 1, 2000.

6 (D) APPLICABILITY OF RETIREMENT

7 LAWS.—

8 (i) IN GENERAL.—All laws relating to

9 the retirement of commissioned officers of

10 the Navy shall apply to commissioned offi11 cers of the former Commissioned Officers

12 Corps of the National Oceanic and Atmos13 pheric Administration and its predecessors.

14 (ii) ACTIVE MILITARY SERVICE.—Ac15 tive service of officers of the former Com16 missioned Officers Corps of the National

17 Oceanic and Atmospheric Administration

18 and its predecessors who have retired from

19 the Commissioned Officers Corps shall be

20 deemed to be active military service in the

21 United States Navy for purposes of all

22 rights, privileges, immunities, and benefits

23 provided to retired commissioned officers

24 of the Navy by the laws and regulations of

25 the United States and any agency thereof.
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1 In the Administration of those laws (in2 cluding regulations) with respect to retired

3 officers of the former Commissioned Offi4 cers Corps of the National Oceanic and At5 mospheric Administration and its prede6 cessors, the authority of the Secretary of

7 the Navy shall be exercised by the Admin8 istrator of Oceans and Atmosphere.

9 (iii) ITS PREDECESSORS DEFINED.—

10 For purposes of this subparagraph, the

11 term ‘‘its predecessors’’ means the former

12 Commissioned Officers Corps of the Envi13 ronmental Science Services Administration

14 and the former Commissioned Officers

15 Corps of the Coast and Geodetic Survey.

16 (7) CREDITABILITY OF NATIONAL OCEANIC AND

17 ATMOSPHERIC ADMINISTRATION SERVICE FOR PUR18 POSES RELATING TO REDUCTIONS IN FORCE.—A

19 commissioned officer who is separated from the ac20 tive list of the National Oceanic and Atmospheric

21 Administration or its successor by reason of para22 graph (1) shall, for purposes of any subsequent re23 duction in force, receive credit for any period of

24 service performed as such an officer before separa25 tion from such list to the same extent and in the
56

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1 same manner as if the period had been a period of

2 active service in the Armed Forces.

3 (8) ABOLITION.—Effective September 30,

4 2000, the Office of the National Oceanic and Atmos5 pheric Administration Corps of Operations or its

6 successor and the Commissioned Personnel Center

7 are abolished.

8 (g) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN9 ISTRATION FLEET.—

10 (1) SERVICE CONTRACTS.—Notwithstanding

11 any other provision of law, the Administrator of

12 Oceans and Atmosphere shall enter into contracts,

13 including multiyear contracts, subject to paragraph

14 (3), for the use of vessels to conduct oceanographic

15 research and fisheries research, monitoring, enforce16 ment, and management, and to acquire other data

17 necessary to carry out the missions of the National

18 Oceanic and Atmospheric Administration. The Ad19 ministrator of Oceans and Atmosphere shall enter

20 into these contracts unless—

21 (A) the cost of the contract is more than

22 the cost (including the cost of vessel operation,

23 maintenance, and all personnel) to the National

24 Oceanic and Atmospheric Administration of ob-
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1 taining those services on vessels of the National

2 Oceanic and Atmospheric Administration;

3 (B) the contract is for a period greater

4 than 7 years; or

5 (C) the data is acquired through a vessel

6 agreement pursuant to paragraph (4).

7 (2) VESSELS.—The Administrator of Oceans

8 and Atmosphere may not enter into any contract for

9 the construction, lease-purchase, upgrade, or service

10 life extension of any vessel.

11 (3) MULTIYEAR CONTRACTS.—

12 (A) IN GENERAL.—Subject to subpara13 graphs (B) and (C), and notwithstanding sec14 tion 1341 of title 31, United States Code, and

15 section 11 of title 41, United States Code, the

16 Administrator of Oceans and Atmosphere may

17 acquire data under multiyear contracts.

18 (B) REQUIRED FINDINGS.—The Adminis19 trator of Oceans and Atmosphere may not enter

20 into a contract pursuant to this paragraph un21 less the Administrator finds, with respect to

22 that contract, that there is a reasonable expec23 tation that throughout the contemplated con24 tract period the Administrator will request from

25 Congress funding for the contract at the level
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1 required to avoid the termination of that con2 tract.

3 (C) REQUIRED PROVISIONS.—The Admin4 istrator of Oceans and Atmosphere may not

5 enter into a contract under this paragraph un6 less the contract includes—

7 (i) a provision under which the obliga8 tion of the United States to make pay9 ments under the contract for any fiscal

10 year is subject to the availability of appro11 priations provided in advance for those

12 payments;

13 (ii) a provision that specifies the term

14 of effectiveness of the contract; and

15 (iii) appropriate provisions under

16 which, in case of any termination of the

17 contract before the end of the term speci18 fied pursuant to clause (ii), the United

19 States shall only be liable for the lesser

20 of—

21 (I) an amount specified in the

22 contract for such a termination; or

23 (II) amounts that were appro24 priated before the date of the termi25 nation for the performance of the con-
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1 tract or for procurement of the type

2 of acquisition covered by the contract

3 and are unobligated on the date of the

4 termination.

5 (4) VESSEL AGREEMENTS.—The Administrator

6 of Oceans and Atmosphere—

7 (A) shall, if appropriate, use excess capac8 ity of University National Oceanographic Lab9 oratory System vessels; and

10 (B) may enter into memoranda of agree11 ment with the operators of the vessels referred

12 to in subparagraph (A) to carry out the require13 ment under that subparagraph.

14 (5) TRANSFER OF EXCESS VESSELS.—The Ad15 ministrator of Oceans and Atmosphere shall transfer

16 any vessel that weighs more than 1,500 gross tons

17 that are excess to the needs of the National Oceanic

18 and Atmospheric Administration to the National De19 fense Reserve Fleet. Notwithstanding any other pro20 vision of law, these vessels may be scrapped in ac21 cordance with section 510(i) of the Merchant Marine

22 Act, 1936 (46 U.S.C. App. 1160(i)).

23 (i) NATIONAL MARINE FISHERIES SERVICE.—There

24 are transferred to the National Oceanic and Atmospheric

25 Administration all functions that on the day before the
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1 effective date of this section are authorized by law to be

2 performed by the National Marine Fisheries Service.

3 (h) NATIONAL OCEAN SERVICE.—Except as other4 wise provided in this Act, there are transferred to the Na5 tional Oceanic and Atmospheric Administration estab6 lished under section 206 all functions and assets of the

7 National Oceanic and Atmospheric Administration that on

8 the date immediately before the effective date of this sec9 tion are authorized to be performed by the National Ocean

10 Service (including the Coastal Ocean Program).

11 (k) TRANSFER OF COASTAL NONPOINT POLLUTION

12 CONTROL FUNCTIONS.—There are transferred to the Ad13 ministrator of the Environmental Protection Agency the

14 functions under section 6217 of the Omnibus Budget Rec15 onciliation Act of 1990 (16 U.S.C. 1455b) that on the day

16 before the effective date of this section are vested in the

17 Secretary of Commerce.

18 SEC. 206. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN19 ISTRATION.

20 (a) ESTABLISHMENT.—

21 (1) IN GENERAL.—There is established as an

22 independent agency in the executive branch the Na23 tional Oceanic and Atmospheric Administration (in

24 this section referred to as ‘‘NOAA’’). NOAA, and all

25 functions and offices transferred to NOAA under
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•S 1316 IS

1 this Act, shall be administered under the supervision

2 and direction of an Administrator of Oceans and At3 mosphere.

4 (2) ADMINISTRATOR OF OCEANS AND ATMOS5 PHERE.—The Administrator of Oceans and Atmos6 phere shall—

7 (A) be appointed by the President, by and

8 with the advice and consent of the Senate; and

9 (B) receive basic pay at the rate payable

10 for level II of the Executive Schedule under sec11 tion 5313 of title 5, United States Code.

12 (3) FUNCTIONS.—The Administrator of Oceans

13 and Atmosphere shall perform the functions per14 formed by the Administrator of the National Oce15 anic and Atmospheric Administration, except as oth16 erwise provided in this Act.

17 (b) PRINCIPAL OFFICER.—There shall be in NOAA,

18 on the transfer of functions and offices under this Act,

19 a Director of the National Bureau of Standards, who—

20 (1) shall be appointed by the President, by and

21 with the advice and consent of the Senate; and

22 (2) shall receive basic pay at the rate payable

23 for level IV of the Executive Schedule under section

24 5315 of title 5, United States Code.

25 (c) ADDITIONAL OFFICERS.—
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•S 1316 IS

1 (1) IN GENERAL.—There shall be in NOAA—

2 (A) a Chief Financial Officer, to be ap3 pointed by the President, by and with the ad4 vice and consent of the Senate;

5 (B) a Chief of External Affairs, to be ap6 pointed by the President, by and with the ad7 vice and consent of the Senate;

8 (C) a General Counsel, to be appointed by

9 the President, by and with the advice and con10 sent of the Senate; and

11 (D) an Inspector General, to be appointed

12 in accordance with the Inspector General Act of

13 1978 (5 U.S.C. App.).

14 (2) COMPENSATION.—Each Officer appointed

15 under this subsection shall receive basic pay at the

16 rate payable for level IV of the Executive Schedule

17 under section 5315 of title 5, United States Code.

18 (d) TRANSFER OF FUNCTIONS AND OFFICES.—Ex19 cept as otherwise provided in this Act, there are trans20 ferred to NOAA—

21 (1) the functions and offices of the National

22 Oceanic and Atmospheric Administration, as pro23 vided in section 205;
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•S 1316 IS

1 (2) the National Bureau of Standards, along

2 with its functions and offices, as provided in section

3 202; and

4 (3) the Office of Space Commerce, along with

5 its functions and offices.

6 (e) ELIMINATION OF POSITIONS.—The Adminis7 trator of Oceans and Atmosphere may eliminate positions

8 that are no longer necessary because of the termination

9 of functions under this section and sections 202 and 205.

10 (f) AGENCY TERMINATIONS.—

11 (1) TERMINATIONS.—

12 (A) IN GENERAL.—On the date specified

13 in section 208(a), the following shall terminate:

14 (i) The Office of the Deputy Adminis15 trator and Assistant Secretary of the Na16 tional Oceanic and Atmospheric Adminis17 tration.

18 (ii) The Office of the Deputy Under

19 Secretary of the National Oceanic and At20 mospheric Administration.

21 (iii) The Office of the Chief Scientist

22 of the National Oceanic and Atmospheric

23 Administration.

24 (iv) The position of Deputy Assistant

25 Secretary for Oceans and Atmosphere.
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1 (v) The position of Deputy Assistant

2 Secretary for International Affairs.

3 (vi) Any office of the National Oce4 anic and Atmospheric Administration or

5 the National Bureau of Standards whose

6 primary purpose is to perform high per7 formance computing communications, leg8 islative, personnel, public relations, budget,

9 constituent, intergovernmental, inter10 national, policy and strategic planning,

11 sustainable development, administrative, fi12 nancial, educational, legal and coordination

13 functions.

14 (vii) The position of Associate Direc15 tor of the National Institute of Standards

16 and Technology.

17 (B) REQUIREMENT.—The functions re18 ferred to in subparagraph (A)(vi) shall be per19 formed only by officers described in subsection

20 (c).

21 (2) TERMINATION OF EXECUTIVE SCHEDULE

22 POSITIONS.—Each position that, before the effective

23 date of this section, was expressly authorized by law,

24 or the incumbent of which is authorized to receive

25 compensation at the rate prescribed for levels I
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1 through V of the Executive Schedule under sections

2 5312 through 5315 of title 5, United States Code,

3 in an office terminated pursuant to this section and

4 sections 202 and 205 shall also terminate.

5 SEC. 207. MISCELLANEOUS TERMINATIONS; MORATORIUM

6 ON PROGRAM ACTIVITIES.

7 (a) TERMINATIONS.—The following agencies and pro8 grams of the Department of Commerce are terminated:

9 (1) The Minority Business Development Admin10 istration.

11 (2) The programs and activities of the National

12 Telecommunications and Information Administration

13 referred to in section 204(a).

14 (3) The Advanced Technology Program under

15 section 28 of the National Institute of Standards

16 and Technology Act (15 U.S.C. 278n), as in effect

17 on the day before the effective date of section

18 202(d).

19 (4) The Manufacturing Extension Programs

20 under sections 25 and 26 of the National Institute

21 of Standards and Technology Act (15 U.S.C. 278k

22 and 278l), as in effect on the day before the effective

23 date of section 202(d).

24 (5) The National Institute of Standards and

25 Technology METRIC Program.
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1 (6) The Economics and Statistics Administra2 tion.

3 (b) MORATORIUM ON PROGRAM ACTIVITIES.—The

4 authority to make grants, enter into contracts, provide as5 sistance, incur obligations, or provide commitments (in6 cluding any enlargement of existing obligations or commit7 ments, except if required by law) with respect to the agen8 cies and programs described in subsection (a) is termi9 nated effective on the date of enactment of this Act.

10 SEC. 208. EFFECTIVE DATE.

11 (a) IN GENERAL.—Except as provided in subsection

12 (b), this title shall take effect on the date specified in sec13 tion 102(c).

14 (b) PROVISIONS EFFECTIVE ON DATE OF ENACT15 MENT.—The following provisions of this title shall take ef16 fect on the date of enactment of this Act:

17 (1) Section 201.

18 (2) Section 205(g), except as otherwise pro19 vided in that section.

20 (3) Section 207(b).

21 (4) This section.
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1 TITLE III—ESTABLISHMENT OF

2 UNITED STATES TRADE AD3 MINISTRATION

4 Subtitle A—General Provisions

5 SEC. 301. DEFINITIONS.

6 In this title:

7 (1) FEDERAL AGENCY.—The term ‘‘Federal

8 agency’’ has the meaning given to the term ‘‘agen9 cy’’ in section 551(1) of title 5, United States Code.

10 (2) TRADE ADMINISTRATION.—The term

11 ‘‘Trade Administration’’ means the United States

12 Trade Administration established by section 311 of

13 this Act.

14 (3) TRADE REPRESENTATIVE.—The term

15 ‘‘Trade Representative’’ means the United States

16 Trade Representative provided for under section 311

17 of this Act.

18 Subtitle B—United States Trade

19 Administration

20 CHAPTER 1—ESTABLISHMENT

21 SEC. 311. ESTABLISHMENT OF THE UNITED STATES TRADE

22 ADMINISTRATION.

23 (a) IN GENERAL.—The Trade Administration is es24 tablished in the executive branch of Government as an

25 independent establishment as defined in section 104 of
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1 title 5, United States Code. The Trade Representative

2 shall be the head of the Trade Administration and shall

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

4 consent of the Senate.

5 (b) AMBASSADOR STATUS.—The Trade Representa6 tive shall have the rank of Ambassador Extraordinary and

7 Plenipotentiary and shall represent the United States in

8 all trade negotiations conducted by the Trade Administra9 tion.

10 (c) CONTINUED SERVICE OF CURRENT TRADE REP11 RESENTATIVE.—The individual serving as Trade Rep12 resentative on the date immediately preceding the effective

13 date of this title may continue to serve as Trade Rep14 resentative under this section until such time as the Trade

15 Representative is appointed pursuant to subsection (a).

16 (d) SUCCESSOR TO THE DEPARTMENT OF COM17 MERCE.—The Trade Administration shall be the successor

18 to the Department of Commerce for purposes of protocol.

19 SEC. 312. FUNCTIONS OF THE TRADE REPRESENTATIVE.

20 (a) IN GENERAL.—In addition to the functions trans21 ferred to the Trade Representative by this title, such other

22 functions as the President may assign or delegate to the

23 Trade Representative, and such other functions as the

24 Trade Representative may, after the effective date of this
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•S 1316 IS

1 title, be required to carry out by law, the Trade Represent2 ative shall—

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

5 President on the impact of other policies of the

6 United States Government on international trade;

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

9 under section 242 of the Trade Expansion Act of

10 1962 (19 U.S.C. 1872), for developing and imple11 menting international trade policy, including com12 modity matters and, to the extent related to inter13 national trade policy, direct investment matters and,

14 in exercising such responsibility, advance and imple15 ment, as the primary mandate of the Trade Admin16 istration, the goals of the United States to—

17 (A) maintain United States leadership in

18 international trade liberalization and expansion

19 efforts;

20 (B) reinvigorate the ability of the United

21 States economy to compete in international

22 markets and to respond flexibly to changes in

23 international competition; and

24 (C) expand United States participation in

25 international trade through aggressive pro-
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1 motion and marketing of goods and services

2 that are products of the United States;

3 (3) exercise lead responsibility for the conduct

4 of international trade negotiations, including nego5 tiations relating to commodity matters and, to the

6 extent that such negotiations are related to inter7 national trade, direct investment negotiations;

8 (4) exercise lead responsibility for the establish9 ment of a national export strategy, including policies

10 designed to implement such strategy;

11 (5) with the advice of the interagency organiza12 tion established under section 242 of the Trade Ex13 pansion Act of 1962, issue policy guidance to other

14 Federal agencies on international trade, commodity,

15 and direct investment functions to the extent nec16 essary to assure the coordination of international

17 trade policy;

18 (6) seek and promote new opportunities for

19 United States products and services to compete in

20 the world marketplace;

21 (7) assist small businesses in developing export

22 markets;

23 (8) enforce the laws of the United States relat24 ing to trade;

25 (9) analyze economic trends and developments;
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1 (10) report directly to Congress—

2 (A) on the administration of, and matters

3 pertaining to, the trade agreements program

4 under the Omnibus Trade and Competitiveness

5 Act of 1988, the Trade Act of 1974, the Trade

6 Expansion Act of 1962, section 350 of the Tar7 iff Act of 1930, and any other law relating to

8 trade agreements; and

9 (B) with respect to other issues pertaining

10 to international trade;

11 (11) keep each official adviser to the United

12 States delegations to international conferences,

13 meetings, and negotiation sessions relating to trade

14 agreements who is appointed from the Committee on

15 Finance of the Senate or the Committee on Ways

16 and Means of the House of Representatives under

17 section 161 of the Trade Act of 1974 (19 U.S.C.

18 2211) currently informed on United States negotiat19 ing objectives with respect to—

20 (A) trade agreements;

21 (B) the status of negotiations in progress

22 with respect to such agreements; and

23 (C) the nature of any changes in domestic

24 law or the administration thereof that the
72

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1 Trade Representative may recommend to Con2 gress to carry out any trade agreement;

3 (12) consult and cooperate with State and local

4 governments and other interested parties on inter5 national trade matters of interest to such govern6 ments and parties, and to the extent related to inter7 national trade matters, on investment matters, and,

8 when appropriate, hold informal public hearings;

9 (13) serve as the principal advisor to the Presi10 dent on Government policies designed to contribute

11 to enhancing the ability of United States industry

12 and services to compete in international markets;

13 (14) develop recommendations for national

14 strategies and specific policies intended to enhance

15 the productivity and international competitiveness of

16 United States industries;

17 (15) serve as the principal advisor to the Presi18 dent in identifying and assessing the consequences

19 of any Government policies that adversely affect, or

20 have the potential to adversely affect, the inter21 national competitiveness of United States industries

22 and services;

23 (16) promote cooperation between business,

24 labor, and Government to improve industrial per25 formance and the ability of United States industries
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1 to compete in international markets and to facilitate

2 consultation and communication between the Gov3 ernment and the private sector about domestic in4 dustrial performance and prospects and the perform5 ance and prospects of foreign competitors; and

6 (17) monitor and enforce foreign government

7 compliance with international trade agreements to

8 protect United States interests.

9 (b) INTERAGENCY ORGANIZATION.—The Trade Rep10 resentative shall be the chairperson of the interagency or11 ganization established under section 242 of the Trade Ex12 pansion Act of 1962.

13 (c) NATIONAL SECURITY COUNCIL.—The Trade Rep14 resentative shall be a member of the National Security

15 Council.

16 (d) ADVISORY COUNCIL.—The Trade Representative

17 shall be Deputy Chairman of the National Advisory Coun18 cil on International Monetary and Financial Policies es19 tablished under Executive Order No. 11269, issued Feb20 ruary 14, 1966.

21 (e) AGRICULTURE.—

22 (1) CONSULTATIONS.—The Trade Representa23 tive shall consult with the Secretary of Agriculture

24 or the designee of the Secretary of Agriculture on all
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1 matters that potentially involve international trade

2 in agricultural products.

3 (2) UNITED STATES DELEGATION.—If an inter4 national meeting for negotiation or consultation in5 cludes discussion of international trade in agricul6 tural products, the Trade Representative or the des7 ignee of the Trade Representative shall be Chairman

8 of the United States delegation to such meeting and

9 the Secretary of Agriculture or the designee of such

10 Secretary shall be Vice Chairman. The provisions of

11 this paragraph shall not limit the authority of the

12 Trade Representative under subsection (h) to assign

13 to the Secretary of Agriculture responsibility for the

14 conduct of, or participation in, any trade negotiation

15 or meeting.

16 (f) TRADE PROMOTION.—The Trade Representative

17 shall be the chairperson of the Trade Promotion Coordi18 nating Committee established under section 2312 of the

19 Export Enhancement Act of 1988 (15 U.S.C. 4727).

20 (g) NATIONAL ECONOMIC COUNCIL.—The Trade

21 Representative shall be a member of the National Eco22 nomic Council established under Executive Order No.

23 12835, issued January 25, 1993.

24 (h) INTERNATIONAL TRADE NEGOTIATIONS.—Ex25 cept where expressly prohibited by law, the Trade Rep-
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1 resentative, at the request or with the concurrence of the

2 head of any other Federal agency, may assign the respon3 sibility for conducting or participating in any specific

4 international trade negotiation or meeting to the head of

5 such agency whenever the Trade Representative deter6 mines that the subject matter of such international trade

7 negotiation is related to the functions carried out by such

8 agency.

9 CHAPTER 2—OFFICERS

10 SEC. 321. DEPUTY UNITED STATES TRADE REPRESENTA11 TIVES.

12 (a) ESTABLISHMENT.—There shall be in the Trade

13 Administration 3 Deputy United States Trade Represent14 atives, who shall be appointed by the President, by and

15 with the advice and consent of the Senate. The Deputy

16 United States Trade Representatives shall exercise all

17 functions under the direction of the Trade Representative,

18 and shall include—

19 (1) the Deputy United States Trade Represent20 ative for Negotiations (referred to in this title as the

21 ‘‘Deputy Trade Representative for Negotiations’’);

22 (2) the Deputy United States Trade Represent23 ative to the World Trade Organization (referred to

24 in this title as the ‘‘Deputy Trade Representative to

25 the WTO’’); and
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1 (3) the Deputy United States Trade Represent2 ative for Administration (referred to in this title as

3 the ‘‘Deputy Trade Representative for Administra4 tion’’).

5 (b) FUNCTIONS OF DEPUTY TRADE REPRESENTA6 TIVES.—

7 (1) DEPUTY TRADE REPRESENTATIVE FOR NE8 GOTIATIONS.—The Deputy Trade Representative for

9 Negotiations shall exercise all functions transferred

10 under section 331 relating to trade negotiations and

11 such other functions as the Trade Representative

12 may direct and shall have the rank and status of

13 Ambassador.

14 (2) DEPUTY TRADE REPRESENTATIVE TO THE

15 WTO.—The Deputy Trade Representative to the

16 WTO shall exercise all functions relating to rep17 resentation to the World Trade Organization and

18 shall have the rank and status of Ambassador.

19 (3) DEPUTY TRADE REPRESENTATIVE FOR AD20 MINISTRATION.—

21 (A) ABSENCE, DISABILITY, OR VACANCY

22 OF TRADE REPRESENTATIVE.—The Deputy

23 Trade Representative for Administration shall

24 act for and exercise the functions of the Trade

25 Representative during the absence or disability
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1 of the Trade Representative or in the event the

2 office of the Trade Representative becomes va3 cant. The Deputy Administrator shall act for

4 and exercise the functions of the Trade Rep5 resentative until the absence or disability of the

6 Trade Representative no longer exists or a suc7 cessor to the Trade Representative has been ap8 pointed by the President and confirmed by the

9 Senate.

10 (B) FUNCTIONS.—The Deputy Trade Rep11 resentative for Administration shall exercise all

12 functions, under the direction of the Trade

13 Representative, transferred to or established in

14 the Trade Administration, except those func15 tions exercised by the Deputy United States

16 Trade Representatives described in paragraphs

17 (1) and (2), the Assistant Administrator for

18 Export Promotion, the Inspector General of the

19 Trade Administration, and the General Counsel

20 of the Trade Administration.

21 SEC. 322. ASSISTANT ADMINISTRATORS.

22 (a) ESTABLISHMENT.—There shall be in the Trade

23 Administration 4 Assistant Administrators, who shall be

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

25 consent of the Senate. The Assistant Administrators shall
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1 exercise all functions under the direction of the Deputy

2 Trade Representative for Administration and include—

3 (1) the Assistant Administrator for Export Ad4 ministration;

5 (2) the Assistant Administrator for Import Ad6 ministration;

7 (3) the Assistant Administrator for Trade and

8 Policy Analysis; and

9 (4) the Assistant Administrator for Export Pro10 motion.

11 (b) FUNCTIONS OF ASSISTANT ADMINISTRATORS.—

12 (1) EXPORT ADMINISTRATION.—The Assistant

13 Administrator for Export Administration shall exer14 cise all functions transferred under section

15 332(1)(C).

16 (2) IMPORT ADMINISTRATION.—The Assistant

17 Administrator for Import Administration shall exer18 cise all functions transferred under section

19 332(1)(D).

20 (3) TRADE AND POLICY ANALYSIS.—The Assist21 ant Administrator for Trade and Policy Analysis

22 shall exercise all functions transferred under section

23 332(1)(B) and all functions transferred under sec24 tion 332(2).
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1 (4) EXPORT PROMOTION.—The Assistant Ad2 ministrator for Export Promotion shall exercise all

3 functions transferred under sections 332(1)(A)(ii)

4 and 333, and shall have the rank and status of Am5 bassador.

6 SEC. 323. GENERAL COUNSEL.

7 There shall be in the Trade Administration a General

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

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

10 Counsel shall provide legal assistance to the Trade Rep11 resentative concerning the activities, programs, and poli12 cies of the Trade Administration.

13 SEC. 324. INSPECTOR GENERAL.

14 There shall be in the Trade Administration an In15 spector General who shall be appointed in accordance with

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

17 371(a) of this Act.

18 SEC. 325. CHIEF FINANCIAL OFFICER.

19 There shall be in the Trade Administration a Chief

20 Financial Officer who shall be appointed in accordance

21 with section 901 of title 31, United States Code, as

22 amended by section 371(e) of this Act. The Chief Finan23 cial Officer shall perform all functions prescribed by the

24 Deputy Trade Representative for Administration, under

25 the direction of the Deputy Trade Representative.
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1 CHAPTER 3—TRANSFERS TO THE TRADE

2 ADMINISTRATION

3 SEC. 331. OFFICE OF THE UNITED STATES TRADE REP4 RESENTATIVE.

5 (a) ABOLISHMENT OF OFFICE OF THE USTR.—Ef6 fective on the applicable date specified in section 102(c),

7 the Office of the United States Trade Representative es8 tablished by section 141 of the Trade Act of 1974 (19

9 U.S.C. 141) as in effect on the day before the applicable

10 date specified in section 102(c) is abolished.

11 (b) TRANSFER OF FUNCTIONS.—Except as otherwise

12 provided in this Act, all functions that on the day before

13 the applicable date specified in section 102(c) are author14 ized to be performed by the United States Trade Rep15 resentative, any other officer or employee of the Office of

16 the United States Trade Representative acting in that ca17 pacity, or any agency or office of the Office of the United

18 States Trade Representative, are transferred to the Trade

19 Administration established under this title effective on

20 that date.

21 (c) DETERMINATION OF CERTAIN FUNCTIONS.—If

22 necessary, the Office of Management and Budget shall

23 make any determination of the functions that are trans24 ferred under this title.
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1 SEC. 332. TRANSFERS FROM THE DEPARTMENT OF COM2 MERCE.

3 There are transferred to the Trade Administration

4 the following functions:

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

6 under the direction of, the following officers and em7 ployees of the Department of Commerce:

8 (A)(i) The Under Secretary of Commerce

9 for International Trade.

10 (ii) The Director General of the United

11 States and Foreign Commercial Service, relat12 ing to all functions exercised by the Service.

13 (B) The Assistant Secretary of Commerce

14 for International Economic Policy and the As15 sistant Secretary of Commerce for Trade Devel16 opment.

17 (C) The Under Secretary of Commerce for

18 Export Administration.

19 (D) The Assistant Secretary of Commerce

20 for Import Administration.

21 (2) All functions of the Secretary of Commerce

22 relating to the National Trade Data Bank.

23 (3) All functions of the Secretary of Commerce

24 under the Tariff Act of 1930, the Uruguay Round

25 Agreements Act, the Trade Act of 1974, and other

26 Acts relating to international trade for which re-
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1 sponsibility is not otherwise assigned under this

2 title.

3 SEC. 333. TRADE AND DEVELOPMENT AGENCY.

4 There are transferred to the Assistant Administrator

5 for Export Promotion all functions of the Trade and De6 velopment Agency and all functions of the Director of the

7 Trade and Development Agency.

8 SEC. 334. EXPORT-IMPORT BANK.

9 (a) IN GENERAL.—

10 (1) TRANSFER OF FUNCTIONS.—There are

11 transferred to the Trade Representative all functions

12 of the Secretary of Commerce relating to the Ex13 port-Import Bank of the United States.

14 (2) CONFORMING AMENDMENT.—Section

15 3(c)(1) of the Export-Import Bank Act of 1945 (12

16 U.S.C. 635a(c)(1)) is amended to read as follows:

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

18 Bank consisting of the United States Trade Representa19 tive (who shall serve as Chairman), the President of the

20 Export-Import Bank of the United States (who shall serve

21 as Vice Chairman), the first Vice President, and 2 addi22 tional persons appointed by the President of the United

23 States, by and with the advice and consent of the Sen24 ate.’’.
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1 (b) EX OFFICIO MEMBER OF EXPORT-IMPORT BANK

2 BOARD OF DIRECTORS.—The Assistant Administrator for

3 Export Promotion shall serve as an ex officio nonvoting

4 member of the Board of Directors of the Export-Import

5 Bank.

6 (c) AMENDMENTS TO RELATED BANKING AND

7 TRADE ACTS.—Section 2301(h) of the Omnibus Trade

8 and Competitiveness Act of 1988 (15 U.S.C. 4721(h)) is

9 amended to read as follows:

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

11 Commercial Service shall provide such services as the As12 sistant Administrator for Export Promotion of the United

13 States Trade Administration determines necessary to as14 sist the Export-Import Bank of the United States to carry

15 out the lending, loan guarantee, insurance, and other ac16 tivities of the Bank.’’.

17 SEC. 335. OVERSEAS PRIVATE INVESTMENT CORPORATION.

18 (a) BOARD OF DIRECTORS.—The second and third

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

20 of 1961 (22 U.S.C. 2193(b)) are amended to read as fol21 lows: ‘‘The United States Trade Representative shall be

22 the Chairman of the Board. The Administrator of the

23 Agency for International Development (who shall serve as

24 Vice Chairman) shall serve on the Board.’’.
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1 (b) EX OFFICIO MEMBER OF OVERSEAS PRIVATE IN2 VESTMENT CORPORATION BOARD OF DIRECTORS.—The

3 Assistant Administrator for Export Promotion of the

4 United States Trade Administration shall serve as an ex

5 officio nonvoting member of the Board of Directors of the

6 Overseas Private Investment Corporation.

7 SEC. 336. CONSOLIDATION OF EXPORT PROMOTION AND FI8 NANCING ACTIVITIES.

9 (a) SUBMISSION OF PLAN.—

10 (1) IN GENERAL.—Not later than 180 days

11 after the date of enactment of this Act, the Presi12 dent shall transmit to Congress a comprehensive

13 plan—

14 (A) to consolidate Federal nonagricultural

15 export promotion activities and export financing

16 activities; and

17 (B) to transfer those functions to the

18 Trade Administration.

19 (2) CONTENTS OF PLAN.—The plan under

20 paragraph (1) shall provide for—

21 (A) the elimination of overlap and duplica22 tion among all Federal nonagricultural export

23 promotion activities and export financing activi24 ties;
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1 (B) a unified budget for all Federal non2 agricultural export promotion activities which

3 eliminates funding for overlapping and duplica4 tive activities identified under subparagraph

5 (A); and

6 (C) a long-term agenda for developing bet7 ter cooperation between local, State, and Fed8 eral programs and activities designed to stimu9 late or assist United States businesses in ex10 porting nonagricultural goods or services that

11 are products of the United States, including

12 sharing of facilities, costs, and export market

13 research data.

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

15 (a) shall—

16 (1) place all Federal nonagricultural export pro17 motion activities and export financing activities with18 in the Trade Administration;

19 (2) achieve an overall 25 percent reduction in

20 the amount of funding for all Federal non21 agricultural export promotion activities by not later

22 than 2 years after the date of enactment of this Act;

23 (3) identify any function of the Department of

24 Commerce or of any other Federal department not

25 transferred to the Trade Administration by this title,
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1 which should be transferred to the Trade Adminis2 tration in order to ensure United States competitive3 ness in international trade; and

4 (4) assess the feasibility and potential savings

5 resulting from—

6 (A) the consolidation of the Export-Import

7 Bank of the United States and the Overseas

8 Private Investment Corporation;

9 (B) the consolidation of the Boards of Di10 rectors of the Export-Import Bank and the

11 Overseas Private Investment Corporation; and

12 (C) the consolidation of the Trade and De13 velopment Agency with the consolidations de14 scribed in subparagraphs (A) and (B).

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

16 ‘‘Federal nonagricultural export promotion activities’’

17 means all programs or activities of any department or

18 agency of the Federal Government (including trade mis19 sions, and departments and agencies with representatives

20 on the Trade Promotion Coordinating Committee estab21 lished under section 2312 of the Export Enhancement Act

22 of 1988 (15 U.S.C. 4727)), that are designed to stimulate

23 or assist United States businesses in exporting non24 agricultural goods or services that are products of the

25 United States.
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1 SEC. 337. FUNCTIONS RELATED TO TEXTILE AGREEMENTS.

2 (a) FUNCTIONS OF CITA.—

3 (1) IN GENERAL.—Subject to paragraph (2),

4 those functions delegated to the Committee for the

5 Implementation of Textile Agreements established

6 under Executive Order No. 11651 (7 U.S.C. 1854

7 note) (in this subsection referred to as ‘‘CITA’’) are

8 transferred to the Trade Administration.

9 (2) OTHER FUNCTIONS.—Those functions dele10 gated to CITA that relate to the assessment of the

11 impact of textile imports on domestic industry are

12 transferred to the International Trade Commission.

13 The International Trade Commission shall make a

14 determination and advise the President of the deter15 mination not later than 60 days after receiving a re16 quest for an investigation.

17 (b) ABOLITION OF CITA.—CITA is abolished.

18 CHAPTER 4—ADMINISTRATIVE

19 PROVISIONS

20 SEC. 341. PERSONNEL PROVISIONS.

21 (a) APPOINTMENTS.—The Trade Representative may

22 appoint and fix the compensation of such officers and em23 ployees, including investigators, attorneys, and adminis24 trative law judges, as may be necessary to carry out the

25 functions of the Trade Representative and the Trade Ad26 ministration. Except as otherwise provided by law, such
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1 officers and employees shall be appointed in accordance

2 with the civil service laws and their compensation fixed

3 in accordance with title 5, United States Code.

4 (b) POSITIONS ABOVE GS–15.—

5 (1) IN GENERAL.—At the request of the Trade

6 Representative, the Director of the Office of Person7 nel Management shall, under section 5108 of title 5,

8 United States Code, provide for the establishment in

9 a grade level above GS–15 of the General Schedule,

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

11 positions in the Trade Administration equal to the

12 number of positions in that grade level which—

13 (A) were used primarily for the perform14 ance of functions and offices transferred by this

15 title; and

16 (B) were assigned and filled on the day be17 fore the effective date of this title.

18 (2) APPOINTMENTS.—Appointments to posi19 tions provided for under this subsection may be

20 made without regard to the provisions of section

21 3324 of title 5, United States Code, if the individual

22 appointed to such position is an individual who is

23 transferred in connection with the transfer of func24 tions and offices pursuant to this title and, on the

25 day before the effective date of this title, holds a po-
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1 sition and has duties comparable to those of the po2 sition to which appointed pursuant to this sub3 section.

4 (3) TERMINATION OF AUTHORITY.—The au5 thority under this subsection with respect to any po6 sition established at a grade level above GS–15 shall

7 terminate when the person first appointed to fill

8 such position ceases to hold such position.

9 (4) EXCEPTION TO EXECUTIVE POSITION LIMI10 TATION.—For purposes of section 414(a)(3)(A) of

11 the Civil Service Reform Act of 1978, an individual

12 appointed under this subsection shall be deemed to

13 occupy the same position as the individual occupied

14 on the day before the effective date of this title.

15 (c) EXPERTS AND CONSULTANTS.—The Trade Rep16 resentative may obtain the services of experts and consult17 ants in accordance with section 3109 of title 5, United

18 States Code, and compensate such experts and consultants

19 for each day (including traveltime) at rates not in excess

20 of the maximum rate of pay for a position above GS–15

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

22 The Trade Representative may pay experts and consult23 ants who are serving away from their homes or regular

24 place of business travel expenses and per diem in lieu of

25 subsistence at rates authorized by sections 5702 and 5703
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1 of such title for persons in Government service employed

2 intermittently.

3 (d) VOLUNTARY SERVICES.—

4 (1) IN GENERAL.—

5 (A) VOLUNTARY SERVICES UNDER TITLE

6 31.—The Trade Representative is authorized to

7 accept voluntary and uncompensated services

8 without regard to the provisions of section 1342

9 of title 31, United States Code, if such services

10 will not be used to displace Federal employees

11 employed on a full-time, part-time, or seasonal

12 basis.

13 (B) VOLUNTARY SERVICES UNDER TITLE

14 5.—The Trade Representative is authorized to

15 accept volunteer service in accordance with the

16 provisions of section 3111 of title 5, United

17 States Code.

18 (2) PAYMENT OF EXPENSES.—The Trade Rep19 resentative is authorized to provide for incidental ex20 penses, including transportation, lodging, and sub21 sistence for individuals who provide voluntary serv22 ices under subparagraph (A) or (B) of paragraph

23 (1).

24 (3) LIMITATION.—An individual who provides

25 voluntary services under paragraph (1)(A) shall not
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1 be considered a Federal employee for any purpose

2 other than for purposes of chapter 81 of title 5,

3 United States Code, relating to compensation for

4 work injuries, and chapter 171 of title 28, United

5 States Code, relating to tort claims.

6 SEC. 342. DELEGATION AND ASSIGNMENT.

7 Except as otherwise expressly prohibited by law or

8 otherwise provided by this title, the Trade Representative

9 may delegate any of the functions transferred to the Trade

10 Representative by this title and any function transferred

11 or granted to the Trade Representative after the effective

12 date of this title to such officers and employees of the

13 Trade Administration as the Trade Representative may

14 designate, and may authorize successive redelegations of

15 such functions as may be necessary or appropriate. No

16 delegation of functions by the Trade Representative under

17 this section or under any other provision of this title shall

18 relieve the Trade Representative of responsibility for the

19 administration of such functions.

20 SEC. 343. SUCCESSION.

21 (a) ORDER OF SUCCESSION.—Subject to the author22 ity of the President, and except as provided in section

23 321(b), the Trade Representative shall prescribe the order

24 by which officers of the Trade Administration who are ap25 pointed by the President, by and with the advice and con-
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1 sent of the Senate, shall act for, and perform the functions

2 of, the Trade Representative or any other officer of the

3 Trade Administration appointed by the President, by and

4 with the advice and consent of the Senate, during the ab5 sence or disability of the Trade Representative or such

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

7 of the Trade Representative or such other officer.

8 (b) CONTINUATION.—Notwithstanding any other pro9 vision of law, and unless the President directs otherwise,

10 an individual acting for the Trade Representative or an11 other officer of the Trade Administration pursuant to sub12 section (a) shall continue to serve in that capacity until

13 the absence or disability of the Trade Representative or

14 such other officer no longer exists or a successor to the

15 Trade Representative or such other officer has been ap16 pointed by the President and confirmed by the Senate.

17 SEC. 344. REORGANIZATION.

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

19 Trade Representative is authorized to allocate or reallo20 cate functions among the officers of the Trade Adminis21 tration, and to establish, consolidate, alter, or discontinue

22 such organizational entities in the Trade Administration

23 as may be necessary or appropriate.

24 (b) EXCEPTION.—The Trade Representative may not

25 exercise the authority under subsection (a) to establish,
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1 consolidate, alter, or discontinue any organizational entity

2 in the Trade Administration or allocate or reallocate any

3 function of an officer or employee of the Trade Adminis4 tration that is inconsistent with any specific provision of

5 this title.

6 SEC. 345. RULES.

7 The Trade Representative is authorized to prescribe,

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

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

10 the Trade Representative determines necessary or appro11 priate to administer and manage the functions of the

12 Trade Representative or the Trade Administration.

13 SEC. 346. FUNDS TRANSFER.

14 The Trade Representative may, when authorized in

15 an appropriation Act in any fiscal year, transfer funds

16 from one appropriation to another within the Trade Ad17 ministration, except that—

18 (1) no appropriation for any fiscal year shall be

19 either increased or decreased by more than 10 per20 cent; and

21 (2) no such transfer shall result in increasing

22 any such appropriation above the amount authorized

23 to be appropriated for that purpose.
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1 SEC. 347. CONTRACTS, GRANTS, AND COOPERATIVE AGREE2 MENTS.

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

4 Federal Property and Administrative Services Act of

5 1949, the Trade Representative may make, enter into, and

6 perform such contracts, leases, cooperative agreements,

7 grants, or other similar transactions with public agencies,

8 private organizations, and persons, and make payments

9 (in lump sum or installments, and by way of advance or

10 reimbursement, and, in the case of any grant, with nec11 essary adjustments on account of overpayments and un12 derpayments) as the Trade Representative considers nec13 essary or appropriate to carry out the functions of the

14 Trade Representative or the Trade Administration.

15 (b) EXCEPTION.—Notwithstanding any other provi16 sion of this title, the authority to enter into contracts or

17 to make payments under this chapter shall be effective

18 only to such extent, or in such amounts, as are provided

19 in advance in appropriation Acts. This subsection does not

20 apply with respect to the authority granted under section

21 349.

22 SEC. 348. USE OF FACILITIES.

23 (a) USE BY TRADE REPRESENTATIVE.—In carrying

24 out any function of the Trade Representative or the Trade

25 Administration, the Trade Representative, with or without
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1 reimbursement, may use the research, services, equipment,

2 and facilities of—

3 (1) an individual;

4 (2) any public or private nonprofit agency or

5 organization, including any agency or instrumental6 ity of the United States or of any State, the District

7 of Columbia, the Commonwealth of Puerto Rico, or

8 any territory or possession of the United States;

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

10 District of Columbia, the Commonwealth of Puerto

11 Rico, or any territory or possession of the United

12 States; or

13 (4) any foreign government.

14 (b) USE OF TRADE REPRESENTATIVE FACILITIES.—

15 The Trade Representative, under terms, at rates, and for

16 periods that the Trade Representative considers to be in

17 the public interest, may permit the use by public and pri18 vate agencies, corporations, associations or other organiza19 tions, or individuals, of any real property, or any facility,

20 structure or other improvement thereon, under the cus21 tody of the Trade Representative. The Trade Representa22 tive may require permittees under this section to maintain

23 or recondition, at their own expense, the real property, fa24 cilities, structures, and improvements used by such per25 mittees.
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1 SEC. 349. GIFTS AND BEQUESTS.

2 (a) IN GENERAL.—The Trade Representative is au3 thorized to accept, hold, administer, and utilize gifts and

4 bequests of property, both real and personal, for the pur5 pose of aiding or facilitating the work of the Trade Admin6 istration. Gifts and bequests of money and the proceeds

7 from sales of other property received as gifts or bequests

8 shall be deposited in the United States Treasury in a sepa9 rate fund and shall be disbursed on order of the Trade

10 Representative. Property accepted pursuant to this sub11 section, and the proceeds thereof, shall be used as nearly

12 as possible in accordance with the terms of the gift or be13 quest.

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

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

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

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

18 (c) INVESTMENT.—

19 (1) IN GENERAL.—Upon the request of the

20 Trade Representative, the Secretary of the Treasury

21 may invest and reinvest in securities of the United

22 States or in securities guaranteed as to principal

23 and interest by the United States any moneys con24 tained in the fund provided for in subsection (a).

25 (2) TREATMENT OF INCOME.—Income accruing

26 from the securities referred to in paragraph (1), and
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1 from any other property held by the Trade Rep2 resentative pursuant to subsection (a), shall—

3 (A) be deposited to the credit of the fund;

4 and

5 (B) be disbursed upon order of the Trade

6 Representative.

7 SEC. 350. WORKING CAPITAL FUND.

8 (a) ESTABLISHMENT.—The Trade Representative is

9 authorized to establish for the Trade Administration a

10 working capital fund, to be available without fiscal year

11 limitation, for expenses necessary for the maintenance and

12 operation of such common administrative services as the

13 Trade Representative shall find to be desirable in the in14 terest of economy and efficiency, including—

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 Trade Administration

19 and its components;

20 (2) central messenger, mail, and telephone serv21 ice and other communications services;

22 (3) office space and central services for docu23 ment reproduction and for graphics and visual aids;

24 (4) a central library service; and
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1 (5) such other services as may be approved by

2 the Director of the Office of Management and Budg3 et.

4 (b) OPERATION OF FUND.—

5 (1) IN GENERAL.—The capital of the fund shall

6 consist of any appropriations made for the purpose

7 of providing working capital and the fair and reason8 able value of such stocks of supplies, equipment, and

9 other assets and inventories on order as the Trade

10 Representative may transfer to the fund, less the re11 lated liabilities and unpaid obligations.

12 (2) ADVANCE REIMBURSEMENTS.—The fund

13 shall be reimbursed in advance from available funds

14 of agencies and offices in the Trade Administration,

15 or from other sources, for supplies and services at

16 rates which will approximate the expense of oper17 ation, including the accrual of annual leave and the

18 depreciation of equipment.

19 (3) OTHER CREDITS.—In addition to the cred20 its made under paragraph (1), the fund shall be

21 credited with receipts from sale or exchange of prop22 erty and receipts in payment for loss or damage to

23 property owned by the fund.

24 (4) SURPLUS.—There shall be covered into the

25 United States Treasury as miscellaneous receipts
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1 any surplus of the fund (all assets, liabilities, and

2 prior losses considered) above the amounts trans3 ferred or appropriated to establish and maintain the

4 fund.

5 (5) TRANSFERS TO FUND.—There shall be

6 transferred to the fund the stocks of supplies, equip7 ment, other assets, liabilities, and unpaid obligations

8 relating to those services which the Trade Rep9 resentative determines will be performed.

10 SEC. 351. SERVICE CHARGES.

11 (a) AUTHORITY.—Notwithstanding any other provi12 sion of law, the Trade Representative may establish rea13 sonable fees and commissions with respect to applications,

14 documents, awards, loans, grants, research data, services,

15 and assistance administered by the Trade Administration.

16 The Trade Representative may change and abolish such

17 fees and commissions. Before establishing, changing, or

18 abolishing any schedule of fees or commissions under this

19 section, the Trade Representative may submit such sched20 ule to Congress.

21 (b) DEPOSITS.—The Trade Representative is author22 ized to require a deposit before the Trade Representative

23 provides any item, information, service, or assistance for

24 which a fee or commission is required under this section.
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1 (c) DEPOSIT OF MONEYS.—Moneys received under

2 this section shall be deposited in the Treasury in a special

3 account for use by the Trade Representative and are au4 thorized to be appropriated and made available until ex5 pended.

6 (d) FACTORS IN ESTABLISHING FEES AND COMMIS7 SIONS.—In establishing reasonable fees or commissions

8 under this section, the Trade Representative may take into

9 account—

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

11 providing the items, information, services, or assist12 ance concerned;

13 (2) the efficiency of the Government in provid14 ing such items, information, services, or assistance;

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

16 in providing such items, information, services, or as17 sistance which may be attributed to benefits for the

18 general public rather than exclusively for the person

19 to whom the items, information, services, or assist20 ance is provided;

21 (4) any public service which occurs through the

22 provision of such items, information, services, or as23 sistance; and

24 (5) such other factors as the Trade Representa25 tive considers appropriate.
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1 (e) REFUNDS OF EXCESS PAYMENTS.—In any case

2 in which the Trade Representative determines that any

3 person has made a payment which is not required under

4 this section or has made a payment which is in excess of

5 the amount required under this section, the Trade Rep6 resentative, upon application or otherwise, may cause a

7 refund to be made from applicable funds.

8 SEC. 352. SEAL OF OFFICE.

9 The Trade Representative shall cause a seal of office

10 to be made for the Trade Administration of such design

11 as the Trade Representative shall approve. Judicial notice

12 shall be taken of such seal.

13 CHAPTER 5—RELATED AGENCIES

14 SEC. 361. INTERAGENCY TRADE ORGANIZATION.

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

16 1962 (19 U.S.C. 1872(a)(3)) is amended to read as fol17 lows:

18 ‘‘(3)(A) The interagency organization estab19 lished under subsection (a) shall be composed of—

20 ‘‘(i) the United States Trade Representa21 tive, who shall be the chairperson,

22 ‘‘(ii) the Secretary of Agriculture,

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

24 ‘‘(iv) the Secretary of Labor,

25 ‘‘(v) the Secretary of State, and
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1 ‘‘(vi) the representatives of such other de2 partments and agencies as the United States

3 Trade Representative shall designate.

4 ‘‘(B) The United States Trade Representative

5 may invite representatives from other agencies, as

6 appropriate, to attend particular meetings if subject

7 matters of specific functional interest to such agen8 cies are under consideration. It shall meet at such

9 times and with respect to such matters as the Presi10 dent or the chairperson shall direct.’’.

11 SEC. 362. NATIONAL SECURITY COUNCIL.

12 The fourth paragraph of section 101(a) of the Na13 tional Security Act of 1947 (50 U.S.C. 402(a)) is amend14 ed—

15 (1) by redesignating paragraphs (5), (6), and

16 (7) as paragraphs (6), (7), and (8), respectively; and

17 (2) by inserting after paragraph (4) the follow18 ing new paragraph:

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

20 SEC. 363. INTERNATIONAL MONETARY FUND.

21 Section 3 of the Bretton Woods Agreement Act (22

22 U.S.C. 286a) is amended by adding at the end the follow23 ing new subsection:

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

25 shall consult with the United States Trade Representative
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1 with respect to matters under consideration by the Fund

2 which relate to trade.’’.

3 CHAPTER 6—CONFORMING AMENDMENTS

4 SEC. 371. AMENDMENTS TO GENERAL PROVISIONS.

5 (a) INSPECTOR GENERAL.—The Inspector General

6 Act of 1978 (5 U.S.C. App. 1 et seq.) is amended—

7 (1) in section 9(a)(1) by adding after subpara8 graph (W) the following:

9 ‘‘(X) of the United States Trade Rep10 resentative, all functions of the Inspector Gen11 eral of the Department of Commerce and the

12 Office of the Inspector General of the Depart13 ment of Commerce relating to the functions

14 transferred to the United States Trade Rep15 resentative by section 332 of the Department of

16 Commerce Dismantling Act; and’’; and

17 (2) in section 11—

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

19 United States Trade Representative;’’ after

20 ‘‘the Attorney General;’’; and

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

22 United States Trade Administration,’’ after

23 ‘‘Treasury;’’.

24 (b) AMENDMENT TO THE TRADE ACT OF 1974.—
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1 (1) TRADE NEGOTIATIONS.—Chapter 4 of title

2 I of the Trade Act of 1974 (19 U.S.C. 2171) is

3 amended to read as follows:

4 ‘‘CHAPTER 4—ADMINISTRATION OF

5 TRADE AGREEMENTS, REPRESENTA6 TION IN TRADE NEGOTIATIONS, AND

7 OTHER TRADE MATTERS

8 ‘‘SEC. 141. FUNCTIONS OF THE UNITED STATES TRADE REP9 RESENTATIVE.

10 ‘‘The United States Trade Representative, estab11 lished under section 311 of the Department of Commerce

12 Dismantling Act, 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, or any other provision of law relating

18 to international trade negotiations;

19 ‘‘(2) be responsible for the administration of

20 trade agreement programs under this Act, the Omni21 bus Trade and Competitiveness Act of 1988, the

22 Trade Expansion Act of 1962, section 350 of the

23 Tariff Act of 1930, and any other provision of law

24 relating to trade agreement programs;
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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 trade agreement programs;

5 and

6 ‘‘(4) be responsible for making reports to the

7 President and Congress with respect to the matters

8 set forth in paragraphs (1) and (2).’’.

9 (2) TABLE OF CONTENTS.—Title I of the table

10 of contents of the Trade Act of 1974 is amended by

11 striking the items relating to chapter 4 and section

12 141 and inserting:

‘‘CHAPTER 4—ADMINISTRATION OF TRADE AGREEMENTS, REPRESENTATION

IN TRADE NEGOTIATIONS, AND OTHER TRADE MATTERS

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

13 (d) FOREIGN SERVICE PERSONNEL.—Section 202(a)

14 of the Foreign Service Act of 1980 (22 U.S.C. 3922(a))

15 is amended by striking paragraph (3) and inserting:

16 ‘‘(3) The United States Trade Representative

17 may utilize the Foreign Service personnel system in

18 accordance with 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 Depart-
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1 ment of State by Reorganization Plan No.

2 3 of 1979; and

3 ‘‘(ii) which were subsequently trans4 ferred to the United States Trade Rep5 resentative by section 332 of the Depart6 ment of Commerce Dismantling Act; and

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

8 United States Trade Administration to the ex9 tent the President determines to be necessary in

10 order to enable the United States Trade Ad11 ministration to carry out functions which re12 quire service abroad.’’.

13 (e) CHIEF FINANCIAL OFFICERS.—Section

14 901(b)(1)(B) of title 31, United States Code, is amended

15 to read as follows:

16 ‘‘(B) The Trade Administration.’’.

17 SEC. 372. REPEALS.

18 (a) DEPARTMENT OF COMMERCE.—The first section

19 of the Act entitled ‘‘An Act to establish the Department

20 of Commerce and Labor’’, approved February 14, 1903

21 (15 U.S.C. 1501), is repealed.

22 (b) UNDER SECRETARY; ASSISTANT SECRETARIES;

23 OTHER POSITIONS.—

24 (1) Subsection (a) of the first section of the Act

25 entitled ‘‘An Act to authorize an Under Secretary of
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1 Commerce for Economic Affairs’’, approved June

2 16, 1982 (96 Stat. 115; 15 U.S.C. 1503a), is re3 pealed.

4 (2) The Act entitled ‘‘An Act to provide for the

5 appointment of one additional Assistant Secretary of

6 Commerce, and for other purposes’’, approved July

7 15, 1947 (15 U.S.C. 1505), is repealed.

8 (3) The first sentence of section 304 of the De9 partment of Commerce Appropriation Act, 1955 (15

10 U.S.C. 1506), is repealed.

11 (4) The Act entitled ‘‘An Act to authorize an

12 additional Assistant Secretary of Commerce’’, ap13 proved February 16, 1962 (15 U.S.C. 1507), is re14 pealed.

15 (5) Subsection (a) of section 9 of the Maritime

16 Appropriation Authorization Act for Fiscal Year

17 1978 (15 U.S.C. 1507b), is repealed.

18 (6)(A) The first section of the Act of March 18,

19 1904 (33 Stat. 135, chapter 716; 15 U.S.C. 1508),

20 is repealed.

21 (B) Section 2 of the Act of July 17, 1952 (66

22 Stat. 758, chapter 932; 15 U.S.C. 1508), is re23 pealed.

24 (c) BUREAUS IN DEPARTMENT.—
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1 (1) Sections 4 and 12 of the Act entitled ‘‘An

2 Act to Establish the Department of Commerce and

3 Labor’’, approved February 14, 1903 (15 U.S.C.

4 1511), are repealed.

5 (2) The first section of the Act of January 5,

6 1923 (42 Stat. 1109, chapter 23; 15 U.S.C. 1511),

7 is repealed.

8 (3) The first section of the Act of May 27,

9 1936 (49 Stat. 1380, chapter 463; 15 U.S.C. 1511),

10 is repealed.

11 (d) ANNUAL REPORTS.—Section 8 of the Act entitled

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

13 Labor’’, approved February 14, 1903 (15 U.S.C. 1519),

14 is repealed.

15 (e) WORKING CAPITAL FUND.—Title III of the Act

16 entitled ‘‘An Act making appropriations for the Depart17 ments of State, Justice, and Commerce for the fiscal year

18 ending June 30, 1945, and for other purposes’’, approved

19 June 28, 1944 (15 U.S.C. 1521), is amended by striking

20 the paragraph relating to the working capital fund of the

21 Department of Commerce.

22 (f) GIFTS, BEQUESTS, INVESTMENTS.—Sections 1, 2,

23 and 3 of Public Law 88–611 (15 U.S.C. 1522, 1523, and

24 1524) are repealed.
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1 SEC. 373. CONFORMING AMENDMENTS RELATING TO EXEC2 UTIVE SCHEDULE POSITIONS.

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

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

5 the following:

6 ‘‘Deputy United States Trade Representatives

7 (3).’’.

8 (b) POSITIONS AT LEVEL III.—Section 5314 of title

9 5, United States Code, is amended by striking the item

10 relating to Deputy United States Trade Representatives

11 and inserting the following:

12 ‘‘Assistant Administrators, United States Trade

13 Administration (4).’’.

14 (c) POSITIONS AT LEVEL IV.—Section 5315 of title

15 5, United States Code, is amended by adding at the end

16 the following:

17 ‘‘General Counsel, United States Trade Admin18 istration.

19 ‘‘Inspector General, United States Trade Ad20 ministration.

21 ‘‘Chief Financial Officer, United States Trade

22 Administration.’’.

23 CHAPTER 7—MISCELLANEOUS

24 SEC. 381. EFFECTIVE DATE.

25 (a) IN GENERAL.—This title shall take effect on the

26 effective date specified in section 102(c), except that—
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1 (1) section 336 shall take effect on the date of

2 enactment of this Act; and

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

4 this Act the officers provided for in chapter 2 may

5 be nominated and appointed, as provided in such

6 chapter.

7 (b) INTERIM COMPENSATION AND EXPENSES.—

8 Funds available to the Department of Commerce or the

9 Office of the United States Trade Representative (or any

10 official or component thereof), with respect to the func11 tions transferred by this title, may be used, with approval

12 of the Director of the Office of Management and Budget,

13 to pay the compensation and expenses of an officer ap14 pointed under subsection (a) who will carry out such func15 tions until funds for that purpose are otherwise available.

16 SEC. 382. INTERIM APPOINTMENTS.

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

18 by this title to be appointed by and with the advice and

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

20 effective date of this title and notwithstanding any other

21 provision of law, the President may designate any officer

22 who was appointed by and with the advice and consent

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

24 before the effective date of this title, to act in the office

25 until it is filled as provided by this title.
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1 (b) COMPENSATION.—Any officer acting in an office

2 pursuant to subsection (a) shall receive compensation at

3 the rate prescribed by this title for such office.

4 SEC. 383. FUNDING REDUCTIONS RESULTING FROM REOR5 GANIZATION.

6 (a) FUNDING REDUCTIONS.—Notwithstanding the

7 transfer of functions under this title, and except as pro8 vided in subsection (b), the total amount appropriated by

9 the United States in performing all functions vested in the

10 Trade Representative and the Trade Administration pur11 suant to this title shall not exceed—

12 (1) for the first fiscal year that begins after the

13 date specified in section 102(c), 75 percent of the

14 total amount appropriated in fiscal year 1998 for

15 the performance of all those functions; and

16 (2) for the second fiscal year that begins after

17 the date specified in section 102(c) and for each fis18 cal year thereafter, 65 percent of the total amount

19 appropriated in fiscal year 1998 for the performance

20 of all those functions.

21 (b) EXCEPTION.—Subsection (a) shall not apply to

22 obligations or expenditures incurred as a direct con23 sequence of the termination, transfer, or other disposition

24 of functions described in subsection (a) pursuant to this

25 Act.
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1 (c) RULE OF CONSTRUCTION.—This section shall su2 persede any other provision of law that does not—

3 (1) explicitly refer to this section, and

4 (2) create an exemption from this section.

5 (d) RESPONSIBILITY OF TRADE REPRESENTATIVE.—

6 The Trade Representative, in consultation with the Direc7 tor of the Office of Management and Budget, shall make

8 such modifications in programs as are necessary to carry

9 out the reductions in appropriations set forth in para10 graphs (1) and (2) of subsection (a).

11 (e) RESPONSIBILITIES OF THE DIRECTOR OF THE

12 OFFICE OF MANAGEMENT AND BUDGET.—The Director

13 of the Office of Management and Budget shall include in

14 each report under subsections (a) and (b) of section 106

15 a description of the actions taken to comply with the re16 quirements of this section.

17 Title IV—ESTABLISHMENT OF

18 THE OFFICE OF PATENTS,

19 TRADEMARKS, AND STAND20 ARDS

21 Subtitle A—Establishment

22 SEC. 401. DEFINITIONS.

23 For purposes of this title—
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1 (1) the term ‘‘Director’’ means the Director of

2 the Office of Patents, Trademarks, and Standards;

3 and

4 (2) the term ‘‘Office’’ means the Office of Pat5 ents, Trademarks, and Standards.

6 SEC. 402. ESTABLISHMENT OF THE OFFICE OF PATENTS,

7 TRADEMARKS, AND STANDARDS.

8 There is established the Office of Patents, Trade9 marks, and Standards which shall be an independent es10 tablishment in the executive branch of Government as de11 fined under section 104 of title 5, United States Code.

12 There shall be a Director of the Office of Patents, Trade13 marks, and Standards who shall administer the Office and

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

15 and consent of the Senate.

16 SEC. 403. FUNCTIONS.

17 The Director shall perform all functions transferred

18 under section 404 and such other functions as the Presi19 dent may assign or delegate.

20 SEC. 404. TRANSFERS TO THE OFFICE.

21 (a) TRANFER OF FUNCTIONS.—There are trans22 ferred to the Director all functions of, and all functions

23 performed under the direction of, the following officers

24 and employees of the Department of Commerce:
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1 (1) The Director of the National Institute of

2 Standards and Technology.

3 (2) The Assistant Secretary and Commissioner

4 of Patents and Trademarks.

5 (3) The Under Secretary for Technology relat6 ing to functions performed by the Office of Tech7 nology Policy relating to the Baldridge Quality

8 Award.

9 (4) The Secretary of Commerce and Assistant

10 Secretary for Communications and Information with

11 respect to only those functions of the National Tele12 communications and Information Administration re13 lating to telecommunication standards and labora14 tories.

15 (b) TRANFER OF OFFICES.—

16 (1) The Patent and Trademark Office of the

17 Department of Commerce is transferred to the Of18 fice. The Patent and Trademark Office of the Office

19 of Patents, Trademarks, and Standards shall be ad20 ministered through the Commissioner of the Patent

21 and Trademark Office.

22 (2) The National Institute of Standards and

23 Technology of the Department of Commerce is

24 transferred to the Office. The National Institute of

25 Standards and Technology shall be administered
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1 through the Director of the National Institute of

2 Standards and Technology.

3 SEC. 405. ADDITIONAL OFFICERS.

4 (a) GENERAL COUNSEL.—There shall be in the Of5 fice a General Counsel, who shall be appointed by the

6 President, by and with the advice and consent of the Sen7 ate. The General Counsel shall provide legal assistance to

8 the Director concerning the activities, programs, and poli9 cies of the Office.

10 (b) INSPECTOR GENERAL.—

11 (1) There shall be in the Office an Inspector

12 General who shall be appointed in accordance with

13 the Inspector General Act of 1978, as amended by

14 this subsection.

15 (2) Section 11 of the Inspector General Act of

16 1978 (as amended by this Act) is further amend17 ed—

18 (A) in paragraph (1) by inserting ‘‘the Di19 rector of the Office of Patents, Trademarks,

20 and Standards’’ after ‘‘the Chief Executive Of21 ficer of the Corporation for National and Com22 munity Service;’’; and

23 (B) in paragraph (2) by inserting ‘‘the Of24 fice of Patents, Trademarks, and Standards,’’
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1 after ‘‘the Corporation for National and Com2 munity Service,’’.

3 (c) CHIEF FINANCIAL OFFICER.—

4 (1) There shall be in the Office a Chief Finan5 cial Officer who shall be appointed in accordance

6 with section 901 of title 31, United States Code, as

7 amended by this subsection.

8 (2) Section 901(b) of title 31, United States

9 Code, (as amended by this Act) is further amended

10 in paragraph (2) by adding at the end thereof the

11 following: ‘‘(I) The Office of Patents, Trademarks,

12 and Standards.’’.

13 Subtitle B—Administrative

14 Provisions

15 SEC. 411. RULES.

16 In the performance of the functions of the Director

17 and the Office, the Director is authorized to make, pro18 mulgate, issue, rescind, and amend rules and regulations.

19 The promulgation of such rules and regulations—

20 (1) Shall be governed by the provisions of chap21 ter 5 of title 5, 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,
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1 authorities, councils, and other interested public and

2 private parties.

3 SEC. 412. DELEGATION.

4 Except as otherwise provided in this Act, the Director

5 may delegate any function to such officers and employees

6 of the Office as the Director may designate, and may au7 thorize such successive redelegations of such functions in

8 the Office as may be necessary or appropriate. No delega9 tion of functions by the Director under this section or

10 under any other provision of this Act shall relieve the Di11 rector of responsibility for the administration of such func12 tions.

13 SEC. 413. PERSONNEL AND SERVICES.

14 (a) APPOINTMENTS.—In the performance of the

15 functions of the Director and in addition to the officers

16 provided for under subtitle A, the Director is authorized

17 to appoint, transfer, and fix the compensation of such offi18 cers and employees, including attorneys, as may be nec19 essary to carry out the functions of the Director and the

20 Office. Except as otherwise provided by law, such officers

21 and employees shall be appointed in accordance with the

22 civil service laws and compensated in accordance with title

23 5, United States Code.

24 (b) EXPERTS AND CONSULTANTS.—The Director is

25 authorized to obtain the services of experts and consult-
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1 ants in accordance with section 3109 of title 5, United

2 States Code.

3 (c) TRANSPORTATION EXPENSES.—The Director is

4 authorized to pay transportation expenses, and per diem

5 in lieu of subsistence expenses, in accordance with chapter

6 57 of title 5, United States Code.

7 (d) DETAIL OF EMPLOYEES AND OFFICERS.—The

8 Director is authorized to utilize, on a reimbursable basis,

9 the services of personnel of any Federal agency.

10 (e) VOLUNTARY SERVICES.—

11 (1)(A) The Director is authorized to accept vol12 untary and uncompensated services without regard

13 to the provisions of section 1342 of title 31, United

14 States Code, if such services will not be used to dis15 place Federal employees employed on a full-time,

16 part-time, or seasonal basis.

17 (B) The Director is authorized to accept volun18 teer service in accordance with the provisions of sec19 tion 3111 of title 5, United States Code.

20 (2) The Director is authorized to provide for in21 cidental expenses, including but not limited to trans22 portation, lodging, and subsistence for such volun23 teers.

24 (3) An individual who provides voluntary serv25 ices under paragraph (1)(A) of this subsection shall
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1 not be considered a Federal employee for any pur2 pose other than for purposes of chapter 81 of title

3 5, United States Code, relating to compensation for

4 work injuries, and chapter 171 of title 28, United

5 States Code, relating to tort claims.

6 SEC. 414. CONTRACTS.

7 The Director is authorized, without regard to the pro8 visions of section 3324 of title 31, United States Code,

9 to enter into and perform such contracts, leases, coopera10 tive agreements, or other transactions as may be necessary

11 to carry out the functions of the Director and the Office.

12 The Director may enter into such contracts, leases, agree13 ments, and transactions with any Federal agency or any

14 instrumentality of the United States, or with any State,

15 territory, or possession, or with any political subdivision

16 thereof, or with any person, firm, association, corporation,

17 or educational institution, on such terms and conditions

18 as the Director may consider appropriate. The authority

19 of the Director to enter into contracts and leases under

20 this section shall be to such extent or in such amounts

21 as are provided in appropriation Acts.

22 SEC. 415. COPYRIGHTS AND PATENTS.

23 The Director is authorized to acquire any of the fol24 lowing described rights if the property acquired thereby
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1 is for use in, or is useful to, the performance of functions

2 of the Director or the Office:

3 (1) Copyrights, patents, and applications for

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

5 (2) Licenses under copyrights, patents, and ap6 plications for patents.

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

8 past infringement of patents of copyrights.

9 SEC. 416. GIFTS AND BEQUESTS.

10 The Director is authorized to accept, hold, administer

11 and utilize gifts, donations, or bequests of property, real

12 or personal, tangible or intangible, and contributions of

13 money for purposes of aiding or facilitating the work of

14 the Director or the Office. For the purposes of Federal

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

16 accepted under this subsection shall be considered a gift

17 or bequest to the United States.

18 SEC. 417. TRANSFERS OF FUNDS FROM OTHER FEDERAL

19 AGENCIES.

20 The Director is authorized to accept transfers from

21 other Federal agencies of funds which are available to

22 carry out functions transferred by this Act to the Director

23 or functions assigned by law to the Director after the date

24 of enactment of this Act.
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1 SEC. 418. SEAL OF OFFICE.

2 The Director shall cause a seal of office to be made

3 for the Office of such design as the Director shall approve.

4 Judicial notice shall be taken of such seal.

5 SEC. 419. STATUS OF OFFICE UNDER CERTAIN LAWS.

6 For purposes of section 552b of title 5, United States

7 Code, the Office is an agency.

8 Subtitle C—Conforming

9 Amendments

10 SEC. 421. PATENT AND TRADEMARK OFFICE.

11 (a) ESTABLISHMENT.—Section 1 of title 35, United

12 State Code, is amended by striking out ‘‘Department of

13 Commerce’’ and inserting in lieu thereof ‘‘Office of Pat14 ents, Trademarks, and Standards’’.

15 (b) REFERENCE TO ASSISTANT SECRETARY OF COM16 MERCE.—Section 3 of title 35, United States Code, is

17 amended by striking out subsection (d).

18 (c) GENERAL REFERENCES TO SECRETARY AND DE19 PARTMENT.—

20 (1) Except as provided under paragraph (2),

21 the provisions of title 35, United States Code, are

22 further amended—

23 (A) by striking out ‘‘Secretary of Com24 merce’’ each place such term appears and insert

25 in lieu thereof ‘‘Commissioner of Patents and

26 Trademarks’’; and
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1 (B) by striking out ‘‘Department of Com2 merce’’ each place such term appears and in3 serting in lieu thereof ‘‘Office of Patents,

4 Trademarks and Standards’’.

5 (2)(A) Section 3(a) of title 35, United States

6 Code, is amended in the fourth sentence by striking

7 out ‘‘The Secretary of Commerce, upon the nomina8 tion of the Commissioner’’ and inserting in lieu

9 thereof ‘‘The Commissioner’’.

10 (B) Section 6(a) of title 35, United States

11 Code, is amended—

12 (i) in the first sentence by striking out ‘‘,

13 under the direction of the Secretary of Com14 merce,’’; and

15 (ii) in the second sentence by striking out

16 ‘‘, subject to the approval of the Secretary of

17 Commerce,’’.

18 (C) Section 31 of title 35, United States Code,

19 is amended by striking out ‘‘, subject to the approval

20 of the Secretary of Commerce,’’.
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1 TITLE V—STATISTICAL

2 CONSOLIDATION

3 Subtitle A—General Provisions

4 SEC. 501. FINDINGS.

5 Congress, recognizing the importance of statistical in6 formation in the development of national priorities and

7 policies and in the administration of public programs,

8 finds that—

9 (1) improved coordination and planning among

10 the statistical programs of the Federal Government

11 is necessary—

12 (A) to strengthen and improve the quality

13 and utility of Federal statistics; and

14 (B) to reduce duplication and waste in in15 formation collected for statistical purposes;

16 (2) while the demand for statistical information

17 has grown substantially over the 30-year period pre18 ceding the date of enactment of this Act, the lack

19 of coordinated planning within the decentralized

20 Federal statistical system has limited the usefulness

21 of statistics in defining problems and determining

22 national policies to deal with complex social and eco23 nomic issues;

24 (3) the establishment of a unified statistical

25 policy for the Federal Government to ensure that—
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1 (A) data available from Federal statistical

2 programs are responsive to the information

3 needs of the President and Congress in develop4 ing national policies; and

5 (B) necessary statistical information is col6 lected with the least reporting burden imposed

7 on individuals, businesses, and public entities;

8 (4) a central statistical policy and coordination

9 office is necessary—

10 (A) to develop and implement a Federal

11 statistical policy;

12 (B) to establish priorities for Federal sta13 tistical programs;

14 (C) to oversee and evaluate the statistical

15 programs of the Government; and

16 (D) to ensure that data collected for statis17 tical purposes by the Government are collected

18 and reported in accordance with established

19 standards; and

20 (5) it is conducive and integral to a sound Fed21 eral policy that the heads of major statistical agen22 cies within a Federal department or agency have di23 rect access to the head of such department or agen24 cy.
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1 SEC. 502. SENSE OF CONGRESS.

2 (a) CHIEF STATISTICIAN.—It is the sense of Con3 gress that—

4 (1) a more centralized statistical system is inte5 gral to efficiency;

6 (2) with increased efficiency comes better inte7 gration of research, methodology, survey design, and

8 taking advantage of economies of scale;

9 (3) the Chief Statistician should have the au10 thority, personnel, and other resources necessary to

11 carry out the duties of that office effectively, includ12 ing duties relating to statistical forms clearance;

13 (4) statistical forms clearance at the Office of

14 Management and Budget should be better distin15 guished from regulatory forms clearance; and

16 (5) recognizing that the Chief Statistician has

17 numerous responsibilities with respect to statistical

18 policy and coordination, the Chief Statistician should

19 have a direct reporting relationship with the Direc20 tor of the Office of Management and Budget.

21 (b) CONFIDENTIALITY.—It is the sense of Congress

22 that—

23 (1) entities of the Federal Government (includ24 ing the Federal Council on Statistical Policy and the

25 Interagency Council on Statistical Policy) and pri26 vate entities should examine the efficacy of replacing
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1 the individual confidentiality provisions of statistical

2 agencies with a single, uniform standard that guar3 antees confidentiality across the affected agencies;

4 and

5 (2) those entities should also examine the shar6 ing of confidential data for statistical purposes with7 in the Federal Statistical Service and special ar8 rangements to permit the sharing of confidential

9 data for statistical purposes with State agencies co10 operating with Federal agencies in statistical pro11 grams.

12 (c) DECENNIAL CENSUSES.—It is the sense of Con13 gress that the budget and functions of the Bureau of the

14 Census relating to any decennial census of population

15 should be segregated from the other budget and functions

16 of the Bureau of the Census.

17 SEC. 503. DEFINITIONS.

18 In this title:

19 (1) ADMINISTRATOR.—The term ‘‘Adminis20 trator’’ means the Administrator of the Federal Sta21 tistical Service.

22 (2) CENSUS OF POPULATION.—The term ‘‘cen23 sus of population’’ has the meaning given such term

24 by section 141(g) of title 13, United States Code.
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1 (3) CHIEF STATISTICIAN.—The term ‘‘Chief

2 Statistician’’ means the Chief Statistician of the Of3 fice of Management and Budget.

4 (4) COUNCIL.—The term ‘‘Council’’ means the

5 Federal Council on Statistical Policy under section

6 513.

7 (5) DEPUTY ADMINISTRATOR.—The term

8 ‘‘Deputy Administrator’’ means the Deputy Admin9 istrator of the Federal Statistical Service.

10 (6) FEDERAL AGENCY.—The term ‘‘Federal

11 agency’’ has the meaning provided the term ‘‘agen12 cy’’ in section 551(1) of title 5, United States Code.

13 (7) FUNCTION.—The term ‘‘function’’ includes

14 any duty, obligation, power, authority, responsibility,

15 right, privilege, activity, or program.

16 (8) OFFICE.—The term ‘‘office’’ includes any

17 office, bureau, institute, council, unit, or organiza18 tional entity, or any component thereof.

19 (9) SERVICE.—The term ‘‘Service’’ means the

20 Federal Statistical Service.

21 Subtitle B—Establishment of the

22 Federal Statistical Service

23 SEC. 511. ESTABLISHMENT.

24 The Federal Statistical Service is established as an

25 independent establishment, as that term is defined in sec-
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1 tion 104 of title 5, United States Code, in the executive

2 branch of the Federal Government.

3 SEC. 512. PRINCIPAL OFFICERS.

4 (a) ADMINISTRATOR.—

5 (1) IN GENERAL.—There shall be at the head

6 of the Service an Administrator of the Federal Sta7 tistical Service, who shall be appointed, from among

8 individuals nominated for that purpose by the Fed9 eral Council on Statistical Policy who are experi10 enced in the collection and utilization of statistical

11 data or survey research, by the President, by and

12 with the advice and consent of the Senate.

13 (2) ADMINISTRATION.—The Service, including

14 all functions and offices transferred to the Service

15 under this title, shall be administered, in accordance

16 with the provisions of this title, under the super17 vision and direction of the Administrator.

18 (3) COMPENSATION OF ADMINISTRATOR.—The

19 Administrator shall receive basic pay at the rate

20 payable for level II of the Executive Schedule under

21 section 5313 of title 5, United States Code.

22 (b) DEPUTY ADMINISTRATOR.—

23 (1) IN GENERAL.—There shall be in the Service

24 a Deputy Administrator of the Federal Statistical

25 Service who shall be appointed, from among individ-
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1 uals nominated for that purpose by the Federal

2 Council on Statistical Policy who are experienced in

3 the collection and utilization of statistical data or

4 survey research, by the President, by and with the

5 advice and consent of the Senate.

6 (2) DUTIES OF DEPUTY ADMINISTRATOR.—

7 During the absence or disability of the Adminis8 trator, or in the event of a vacancy in the office of

9 the Administrator, the Deputy Administrator shall

10 act as Administrator. The Deputy Administrator

11 shall perform such other duties and exercise such

12 powers as the Administrator may from time to time

13 prescribe.

14 (3) COMPENSATION OF DEPUTY ADMINIS15 TRATOR.—The Deputy Administrator shall receive

16 basic pay at the rate payable for level III of the Ex17 ecutive Schedule under section 5314 of title 5, Unit18 ed States Code.

19 (c) BUREAU DIRECTORS.—

20 (1) IN GENERAL.—There shall be in the Serv21 ice—

22 (A) a Director of the Census who shall, on

23 the transfer of functions and offices under sec24 tion 203, serve as the head of the Bureau of

25 the Census; and
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1 (B) a Director of the Bureau of Economic

2 Analysis who shall, on the transfer of functions

3 and offices under section 203, serve as the head

4 of the Bureau of Economic Analysis; and

5 (C) a Director of the Bureau of Labor Sta6 tistics who shall, on the transfer of functions

7 and offices under subtitle C, serve as the head

8 of the Bureau of Labor Statistics.

9 (2) APPOINTMENT.—Each of the Directors re10 ferred to in paragraph (1) shall be appointed by the

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

12 Senate.

13 (4) COMPENSATION OF DIRECTOR OF BUREAU

14 OF ECONOMIC ANALYSIS.—

15 (A) IN GENERAL.—The position of Direc16 tor of the Bureau of Economic Analysis shall be

17 a Senior Executive Service position.

18 (B) SENIOR EXECUTIVE SERVICE DE19 FINED.—For purposes of this paragraph, the

20 term ‘‘Senior Executive Service position’’ shall

21 have the same meaning as in section 3132(a) of

22 title 5, United States Code.

23 (5) TERMS.—The term of office for each Direc24 tor referred to in paragraph (1) shall be as specified

25 in the predecessor under the applicable provision of
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1 law in effect on the day before the date of enactment

2 of this Act, except that, notwithstanding section 21

3 of title 13, United States Code, the term of the Di4 rector of the Census shall be 4 years.

5 (d) GENERAL COUNSEL.—There shall be in the Serv6 ice a General Counsel who shall administer the Office of

7 General Counsel of the Federal Statistical Service. The

8 General Counsel shall be appointed by the President, by

9 and with the advice and consent of the Senate.

10 (e) INSPECTOR GENERAL.—There shall be in the

11 Service an Inspector General appointed in accordance with

12 the Inspector General Act of 1978 (5 U.S.C. App.).

13 SEC. 513. FEDERAL COUNCIL ON STATISTICAL POLICY.

14 (a) ESTABLISHMENT.—A Federal Council on Statis15 tical Policy shall advise the Service.

16 (b) COMPOSITION.—The Council shall be composed

17 of 9 members as follows:

18 (1) The Administrator of the Federal Statistical

19 Service.

20 (2) The Director of the Census.

21 (3) The Director of the Bureau of Labor Statis22 tics.

23 (4) The Director of the Bureau of Economic

24 Analysis.
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1 (5) The Chief Statistician of the Office of Man2 agement and Budget.

3 (6) Two members appointed by the Majority

4 Leader of the Senate from among individuals who—

5 (A) are not officers or employees of the

6 Government; and

7 (B) are especially qualified to serve on the

8 Council by virtue of experience relating to 1 or

9 more of the bureaus referred to in title III.

10 (7) Two members appointed by the Speaker of

11 the House of Representatives from among individ12 uals who—

13 (A) are not officers or employees of the

14 Government; and

15 (B) are especially qualified to serve on the

16 Council by virtue of experience relating to 1 or

17 more of the bureaus referred to in section 203

18 or subtitle C.

19 (c) TERMS.—

20 (1) IN GENERAL.—Each member under sub21 section (b)(6) shall be appointed for a term of 5

22 years, except that, of the members first appointed—

23 (A) 1 shall be appointed for a term of 5

24 years; and
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1 (B) 1 shall be appointed for a term of 3

2 years.

3 (2) STAGGERED TERMS.—Each member under

4 subsection (b)(7) shall be appointed for a term of 5

5 years, except that, of the members first appointed—

6 (A) 1 shall be appointed for a term of 5

7 years; and

8 (B) 1 shall be appointed for a term of 2

9 years.

10 (d) FUNCTIONS.—

11 (1) IN GENERAL.—The Council shall—

12 (A) make any nominations required under

13 section 512(a)(1);

14 (B) serve as an advisory body to the Chief

15 Statistician on confidentiality issues, such as

16 those relating to—

17 (i) the collection or sharing of data

18 for statistical purposes among Federal

19 agencies; and

20 (ii) the sharing of data, for statistical

21 purposes, by States and political subdivi22 sions with the Federal Government; and

23 (C) establish a statistical policy as de24 scribed in section 501(3).

25 (2) STUDY AND REPORT AS PROCEDURES.—
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1 (A) STUDY.—The Council shall study pro2 cedures for the release of major economic and

3 social indicators by the Federal Government.

4 (B) REPORT.—Not later than 18 months

5 after the date of enactment of this Act, the

6 Council shall submit to Congress a report on

7 the findings of the study under subparagraph

8 (A).

9 (3) STUDY OF FUNCTIONS.—

10 (A) STUDY.—The Council shall study—

11 (i) whether or not the functions of the

12 Bureau of the Census relating to decennial

13 censuses of population could be delineated

14 from the other functions of the Bureau;

15 and

16 (ii) if the functions referred to in

17 clause (i) could be delineated from other

18 functions of the Bureau, recommendations

19 on how such a delineation of functions

20 might be achieved.

21 (B) REPORT.—Not later than 12 months

22 after the date of enactment of this Act, the

23 Council shall submit to Congress a report on

24 the findings of the study conducted under sub25 paragraph (A).
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1 (4) STUDY AND REPORT ON FIELD OFFICES.—

2 (A) STUDY.—The Council shall study—

3 (i) making as appropriate, the field

4 offices of the Bureau of the Census part of

5 the field offices of the Bureau of Labor

6 Statistics; and

7 (ii) any savings anticipated as a result

8 of the implementation of clause (i).

9 (B) REPORT.—Not later than 12 months

10 after the date of enactment of this Act, the

11 Council shall submit to Congress a report on

12 the findings of the study conducted under sub13 paragraph (A).

14 (e) COMPENSATION.—Members of the Council under

15 subsection (b)(6) shall be entitled to receive the daily

16 equivalent of the rate of basic pay for level IV of the Exec17 utive Schedule under section 5315 of title 5, United States

18 Code, for each day (including travel time) during which

19 they are engaged in the actual performance of duties vest20 ed in the Council.

21 (f) CHAIRPERSON.—The Chairperson of the Council

22 shall be elected by and from the members for a term of

23 1 year.
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1 Subtitle C—Transfers of Functions

2 and Offices

3 SEC. 521. TRANSFER OF THE BUREAU OF LABOR STATIS4 TICS.

5 There is transferred to the Service the Bureau of

6 Labor Statistics of the Department of Labor, along with

7 all of its functions and offices.

8 SEC. 522. TRANSFER DATE.

9 The transfers of functions and offices under this title

10 shall be effective on the date specified in section 102(c).

11 Subtitle D—Administrative

12 Provisions

13 SEC. 531. OFFICERS AND EMPLOYEES.

14 The Administrator may appoint and fix the com15 pensation of such officers and employees as may be nec16 essary to carry out the functions of the Administrator and

17 the Service. Except as otherwise provided by law, such of18 ficers and employees shall be appointed in accordance with

19 the civil service laws and their compensation shall be fixed

20 in accordance with title 5, United States Code.

21 SEC. 532. EXPERTS AND CONSULTANTS.

22 The Administrator, as may be provided in appropria23 tion Acts, obtain the services of experts and consultants

24 in accordance with section 3109 of title 5, United States

25 Code, and may compensate such experts and consultants
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1 at rates not to exceed the daily rate prescribed for level

2 IV of the Executive Schedule under section 5315 of title

3 5, United States Code.

4 SEC. 533. ACCEPTANCE OF VOLUNTARY SERVICES.

5 (a) IN GENERAL.—Notwithstanding section 1342 of

6 title 31, United States Code, the Administrator may ac7 cept, subject to regulations issued by the Office of Person8 nel Management, voluntary services if such services—

9 (1) are to be uncompensated; and

10 (2) are not used to displace any employee.

11 (b) TREATMENT.—Any individual who provides vol12 untary services under this section shall not be considered

13 a Federal employee for any purpose other than for pur14 poses of chapter 81 of title 5, United States Code (relating

15 to compensation for injury) and sections 2671 through

16 2680 of title 28, United States Code (relating to tort

17 claims).

18 SEC. 534. GENERAL AUTHORITY.

19 In carrying out any function transferred by this Act,

20 the Administrator, or any officer or employee of the Serv21 ice, may exercise any authority available by law with re22 spect to such function to the official or agency from which

23 such function is transferred, and the actions of the Admin24 istrator in exercising such authority shall have the same
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1 force and effect as when exercised by such official or agen2 cy.

3 SEC. 535. DELEGATION.

4 Except as otherwise provided in this title, the Admin5 istrator may delegate any function to such officers and

6 employees of the Service as the Administrator may des7 ignate, and may authorize such successive redelegations

8 of such functions within the Service as may be necessary

9 or appropriate. No delegation of functions by the Adminis10 trator under this section or under any other provision of

11 this title shall relieve the Administrator of responsibility

12 for the Administration of such functions.

13 SEC. 536. REORGANIZATION.

14 The Administrator may allocate or reallocate func15 tions among the officers of the Service, and to establish,

16 consolidate, alter, or abolish such offices or positions with17 in the Service as may be necessary or appropriate.

18 SEC. 537. CONTRACTS.

19 (a) IN GENERAL.—Subject to the Federal Property

20 and Administrative Services Act of 1949 and other appli21 cable Federal law, the Administrator may make, enter

22 into, and perform such contracts, grants, leases, coopera23 tive agreements, and other similar transactions with Fed24 eral or other public agencies (including State and local

25 governments) and private organizations and persons, and
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1 to make such payments, by way of advance or reimburse2 ment, as the Administrator may determine necessary or

3 appropriate to carry out functions of the Administrator

4 or the Service.

5 (b) APPROPRIATION AUTHORITY REQUIRED.—No

6 authority to enter into contracts or to make payments

7 under this title shall be effective except to such extent or

8 in such amounts as are provided in advance under appro9 priation Acts.

10 SEC. 538. REGULATIONS.

11 The Administrator may prescribe such rules and reg12 ulations as the Administrator considers necessary or ap13 propriate to administer and manage the functions of the

14 Administrator or the Service, in accordance with chapter

15 5 of title 5, United States Code.

16 SEC. 539. SEAL.

17 The Administrator shall cause a seal of office to be

18 made for the Service of such design as the Administrator

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

20 SEC. 540. ANNUAL REPORT.

21 The Administrator, in consultation with the Council,

22 shall, as soon as practicable after the close of each fiscal

23 year, make a single, comprehensive report to the President

24 for transmission to Congress on the activities of the Serv25 ice during such fiscal year.
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1 Subtitle E—Miscellaneous

2 SEC. 541. INCIDENTAL TRANSFERS.

3 The Director of the Office of Management and Budg4 et, in consultation with the Administrator, shall make such

5 determinations as may be necessary with regard to the

6 functions, offices, or portions thereof transferred by this

7 title, and make such additional incidental dispositions of

8 personnel, assets, liabilities, grants, contracts, property,

9 records, and unexpended balances of appropriations, au10 thorizations, allocations, and other funds held, used, aris11 ing from, available to, or to be made available in connec12 tion with such functions, offices, or portions thereof, as

13 may be necessary to carry out this title. The Director shall

14 provide for the termination of the affairs of all entities

15 terminated by this title and, in consultation with the Ad16 ministrator, for such further measures and dispositions as

17 may be necessary to effectuate the purposes of this title.

18 SEC. 542. REFERENCES.

19 With respect to any function transferred by this title

20 and exercised on or after the date of such transfer, any

21 reference in any other Federal law to any department,

22 commission, or agency or any officer or office the func23 tions of which so transferred shall be deemed to refer to

24 the Administrator, other official, or component of the

25 Service to which this title transfers such functions.
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1 SEC. 543. PROPOSED CHANGES IN LAW.

2 Not later than 90 days after the date of enactment

3 of this Act, the President shall submit to Congress a de4 scription of any changes in Federal law necessary to re5 flect any transfers or other measures under this title.

6 SEC. 544. TRANSITION.

7 (a) USE OF FUNDS.—Funds available to any depart8 ment or agency (or any official or component thereof), the

9 functions or offices of which are transferred to the Admin10 istrator or the Service by this title, may, with the approval

11 of the Director of the Office of Management and Budget,

12 be used to pay the compensation and expenses of any offi13 cer appointed pursuant to this title and other transitional

14 and planning expenses associated with the establishment

15 of the Service or transfer of functions or offices thereto

16 until such time as funds for such purposes are otherwise

17 available.

18 (b) USE OF PERSONNEL.—With the consent of the

19 appropriate department or agency head concerned, the Ad20 ministrator may utilize the services of such officers, em21 ployees, and other personnel of the departments and agen22 cies from which functions or offices have been transferred

23 to the Administrator or the Service, for such period of

24 time as may reasonably be needed to facilitate the orderly

25 implementation of this title.
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1 SEC. 545. INTERIM APPOINTMENTS.

2 (a) AUTHORITY TO APPOINT.—Notwithstanding any

3 other provision of law, in the event that 1 or more officers

4 required by this title to be appointed by and with the ad5 vice and consent of the Senate shall not have entered upon

6 office on the date of the transfer of functions and offices

7 under section 203 or subtitle C, the President may des8 ignate an officer in the executive branch to act in such

9 office for 120 days or until the office is filled as provided

10 in this title, whichever occurs first.

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

12 in the Department pursuant to the provisions of sub13 section (a) shall receive compensation at the rate pre14 scribed for such office under this title.

15 SEC. 546. CONFORMING AMENDMENTS.

16 (a) DIRECTOR, BUREAU OF LABOR STATISTICS.—

17 Section 5315 of title 5, United States Code, as amended

18 by this Act, is further amended by adding at the end the

19 following new item:

20 ‘‘Director, Bureau of Labor Statistics.’’.

21 (b) GENERAL COUNSEL; INSPECTOR GENERAL.—

22 Section 5315 of title 5, United States Code, as amended

23 by subsection (a), is further amended by adding at the

24 end the following new items:

25 ‘‘General Counsel, Bureau of Labor Statistics.
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1 ‘‘Inspector General, Bureau of Labor Statis2 tics.’’.

3 (c) BUREAU DIRECTORS.—Section 5315 of title 5,

4 United States Code, as amended by subsection (b), is fur5 ther amended—

6 (1) by striking ‘‘The Commissioner of Labor

7 Statistics, Department of Labor’’; and

8 (2) by inserting after the item relating to the

9 Director of the Census, the following new items:

10 ‘‘Director of the Bureau of Labor Statistics,

11 Federal Statistical Service.

12 ‘‘Director of the Bureau of Economic Analysis,

13 Federal Statistical Service.’’.

14 (d) DEPUTY ADMINISTRATOR.—Section 5314 of title

15 5, United States Code, is amended by adding at the end

16 the following new item:

17 ‘‘Deputy Administrator, Federal Statistical

18 Service.’’.

19 (e) ADMINISTRATOR.—Section 5313 of title 5, United

20 States Code, is amended by adding at the end the follow21 ing new item:

22 ‘‘Administrator, Federal Statistical Service.’’.
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1 TITLE VI—MISCELLANEOUS

2 PROVISIONS

3 SEC. 601. REFERENCES.

4 Any reference in any other Federal law, Executive

5 order, rule, regulation, or delegation of authority, or any

6 document of or pertaining to a department or office from

7 which a function is transferred by this Act—

8 (1) to the head of such department or office is

9 deemed to refer to the head of the department or of10 fice to which such function is transferred; or

11 (2) to such department or office is deemed to

12 refer to the department or office to which such func13 tion is transferred.

14 SEC. 602. EXERCISE OF AUTHORITIES.

15 Except as otherwise provided by law, a Federal offi16 cial to whom a function is transferred by this Act may,

17 for purposes of performing the function, exercise all au18 thorities under any other provision of law that were avail19 able with respect to the performance of that function to

20 the official responsible for the performance of the function

21 immediately before the effective date of the transfer of the

22 function under this Act.
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1 SEC. 603. SAVINGS PROVISIONS.

2 (a) LEGAL DOCUMENTS.—All orders, determinations,

3 rules, regulations, permits, grants, loans, contracts, agree4 ments, certificates, licenses, and privileges—

5 (1) that have been issued, made, granted, or al6 lowed to become effective by the President, the Sec7 retary of Commerce, the United States Trade Rep8 resentative, any officer or employee of any office

9 transferred by this Act, or any other Government of10 ficial, or by a court of competent jurisdiction, in the

11 performance of any function that is transferred by

12 this Act; and

13 (2) that are in effect on the effective date of

14 such transfer (or become effective after such date

15 pursuant to their terms as in effect on such effective

16 date),

17 shall continue in effect according to their terms until

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

19 accordance with law by the President, any other author20 ized official, a court of competent jurisdiction, or operation

21 of law.

22 (b) PROCEEDINGS.—This Act shall not affect any

23 proceedings or any application for any benefits, service,

24 license, permit, certificate, or financial assistance pending

25 on the date of enactment of this Act before an office trans26 ferred by this Act, but such proceedings and applications
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1 shall be continued. Orders shall be issued in such proceed2 ings, appeals shall be taken therefrom, and payments shall

3 be made pursuant to such orders, as if this Act had not

4 been enacted, and orders issued in any such proceeding

5 shall continue in effect until modified, terminated, super6 seded, or revoked by a duly authorized official, by a court

7 of competent jurisdiction, or by operation of law. Nothing

8 in this subsection shall be considered to prohibit the dis9 continuance or modification of any such proceeding under

10 the same terms and conditions and to the same extent that

11 such proceeding could have been discontinued or modified

12 if this Act had not been enacted.

13 (c) SUITS.—This Act shall not affect suits com14 menced before the date of enactment of this Act, and in

15 all such suits, proceeding shall be had, appeals taken, and

16 judgments rendered in the same manner and with the

17 same effect as if this Act had not been enacted.

18 (d) NONABATEMENT OF ACTIONS.—No suit, action,

19 or other proceeding commenced by or against the Depart20 ment of Commerce or the Secretary of Commerce, or by

21 or against any individual in the official capacity of such

22 individual as an officer or employee of an office trans23 ferred by this Act, shall abate by reason of the enactment

24 of this Act.
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1 (e) CONTINUANCE OF SUITS.—If any Government of2 ficer in the official capacity of such officer is party to a

3 suit with respect to a function of the officer, and under

4 this Act such function is transferred to any other officer

5 or office, then such suit shall be continued with the other

6 officer or the head of such other office, as applicable, sub7 stituted or added as a party.

8 (f) ADMINISTRATIVE PROCEDURE AND JUDICIAL RE9 VIEW.—Except as otherwise provided by this Act, any

10 statutory requirements relating to notice, hearings, action

11 upon the record, or administrative or judicial review that

12 apply to any function transferred by this Act shall apply

13 to the exercise of such function by the head of the Federal

14 agency, and other officers of the agency, to which such

15 function is transferred by this Act.

16 SEC. 604. TRANSFER OF ASSETS.

17 Except as otherwise provided in this Act, so much

18 of the personnel, property, records, and unexpended bal19 ances of appropriations, allocations, and other funds em20 ployed, used, held, available, or to be made available in

21 connection with a function transferred to an official or

22 agency by this Act shall be available to the official or the

23 head of that agency, respectively, at such time or times

24 as the Director of the Office of Management and Budget
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1 directs for use in connection with the functions trans2 ferred.

3 SEC. 605. DELEGATION AND ASSIGNMENT.

4 Except as otherwise expressly prohibited by law or

5 otherwise provided in this Act, an official to whom func6 tions are transferred under this Act (including the head

7 of any office to which functions are transferred under this

8 Act) may delegate any of the functions so transferred to

9 such officers and employees of the office of the official as

10 the official may designate, and may authorize successive

11 redelegations of such functions as may be necessary or ap12 propriate. No delegation of functions under this section

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

14 official to whom a function is transferred under this Act

15 of responsibility for the administration of the function.

16 SEC. 606. AUTHORITY OF DIRECTOR OF THE OFFICE OF

17 MANAGEMENT AND BUDGET WITH RESPECT

18 TO FUNCTIONS TRANSFERRED.

19 (a) DETERMINATIONS.—If necessary, the Director

20 shall make any determination of the functions that are

21 transferred under this Act.

22 (b) INCIDENTAL TRANSFERS.—The Director, at such

23 time or times as the Director shall provide, may make

24 such determinations as may be necessary with regard to

25 the functions transferred by this Act, and to make such
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1 additional incidental dispositions of personnel, assets, li2 abilities, grants, contracts, property, records, and unex3 pended balances of appropriations, authorizations, alloca4 tions, and other funds held, used, arising from, available

5 to, or to be made available in connection with such func6 tions, as may be necessary to carry out the provisions of

7 this Act. The Director shall provide for the termination

8 of the affairs of all entities terminated by this Act and

9 for such further measures and dispositions as may be nec10 essary to effectuate the purposes of this Act.

11 SEC. 607. CERTAIN VESTING OF FUNCTIONS CONSIDERED

12 TRANSFERS.

13 For purposes of this Act, the vesting of a function

14 in a department or office pursuant to reestablishment of

15 an office shall be considered to be the transfer of the

16 function.

17 SEC. 608. AVAILABILITY OF EXISTING FUNDS.

18 Existing appropriations and funds available for the

19 performance of functions, programs, and activities termi20 nated pursuant to this Act shall remain available, for the

21 duration of their period of availability, for necessary ex22 penses in connection with the termination and resolution

23 of such functions, programs, and activities.

24 SEC. 609. DEFINITIONS.

25 For purposes of this Act—
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1 (1) the term ‘‘function’’ includes any duty, obli2 gation, power, authority, responsibility, right, privi3 lege, activity, or program; and

4 (2) the term ‘office’ includes any office, admin5 istration, agency, bureau, institute, council, unit, or6 ganizational entity, or component thereof.

7 SEC. 610. CONFORMING AMENDMENTS.

8 Section 11 of the Inspector General Act of 1978 (5

9 U.S.C. App.) is amended—

10 (1) in paragraph (1), by striking ‘‘or the Com11 missioner of the Social Security Administration;’’

12 and inserting ‘‘the Commissioner of the Social Secu13 rity Administration; the Administrator of the Na14 tional Oceanic and Atmospheric Administration; or

15 the Administrator of the Federal Statistical Serv16 ice;’’; and

17 (2) in paragraph (2), by striking ‘‘or the Social

18 Security Administration’’ and inserting ‘‘the Na19 tional Oceanic and Atmospheric Administration, the

20 Federal Statistical Service, or the Social Security

21 Administration’’.

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