I

104TH CONGRESS

2D SESSION H. R. 4328

To enhance the competitiveness of the United States and promote foreign

commerce generally through the creation of the United States Trade

Administration as an independent establishment in the executive branch

of the Government.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 28, 1996

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

on Ways and Means, and in addition to the Committees on Banking and

Financial Services, Government Reform and Oversight, International Relations, and Commerce, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

A BILL

To enhance the competitiveness of the United States and

promote foreign commerce generally through the creation

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

Government.

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

3 SECTION 1. SHORT TITLE.

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

5 Act of 1996’’.
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1 SEC. 2. TABLE OF CONTENTS.

2 The table of contents is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—GENERAL PROVISIONS

Sec. 101. Findings.

Sec. 102. Definitions.

TITLE II—UNITED STATES TRADE ADMINISTRATION

Subtitle A—Establishment

Sec. 201. Establishment of the USTA.

Sec. 202. Functions of USTR.

Subtitle B—Officers

Sec. 211. Deputy Administrator of the USTA.

Sec. 212. Deputy United States Trade Representatives.

Sec. 213. Assistant administrators.

Sec. 214. Director General for Export promotion.

Sec. 215. General counsel.

Sec. 216. Inspector General.

Sec. 217. Chief financial officer.

Subtitle C—Transfers to the USTA

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

Sec. 222. Transfers from the Department of Commerce.

Sec. 223. Trade and Development Agency.

Sec. 224. Export-Import Bank.

Sec. 225. Overseas Private Investment Corporation.

Sec. 226. Consolidation of export promotion and financing activities.

Sec. 227. Additional trade functions.

Subtitle D—Administrative Provisions

Sec. 231. Personnel provisions.

Sec. 232. Delegation and assignment.

Sec. 233. Succession.

Sec. 234. Reorganization.

Sec. 235. Rules.

Sec. 236. Funds transfer.

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

Sec. 238. Use of facilities.

Sec. 239. Gifts and bequests.

Sec. 240. Working capital fund.

Sec. 241. Service charges.

Sec. 241. Seal of office.

Subtitle E—Related Agencies

Sec. 251. National Security Council.

Sec. 252. International Monetary Fund.
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Subtitle F—Conforming Amendments

Sec. 261. Amendments to general provisions.

Sec. 262. Repeals.

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

TITLE III—MISCELLANEOUS PROVISIONS

Sec. 301. References.

Sec. 302. Additional transfers.

Sec. 303. Exercise of authorities.

Sec. 304. Savings provisions.

Sec. 305. Transfer of assets.

Sec. 306. Delegation and assignment.

Sec. 307. Authority of Director of the Office of Management and Budget with

respect to functions transferred.

Sec. 308. Certain vesting of functions considered transfers.

Sec. 309. Availability of existing funds.

Sec. 310. Definitions.

TITLE IV—MISCELLANEOUS

Sec. 401. Effective date.

Sec. 402. Interim appointments.

Sec. 403. Authorization of appropriations.

1 TITLE I—GENERAL PROVISIONS

2 SEC. 101. FINDINGS.

3 The Congress finds that—

4 (1) expanding United States participation in

5 international trade improves the general welfare of

6 the country by increasing demand for products and

7 services of the United States, thereby creating more

8 American jobs and improving the quality of life in

9 the country;

10 (2) such participation requires continued Amer11 ican leadership in international trade liberalization

12 and promotion of foreign commerce, generally;

13 (3) the Federal Government can strengthen the

14 international trade leadership of the United States
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1 and enhance the ability of United States businesses

2 to compete in foreign markets by acting to—

3 (A) reduce international and local trade

4 barriers imposed on investments and the sale of

5 products and services;

6 (B) promote and maintain an international

7 trade system that establishes open, transparent,

8 and fair trade rules; and

9 (C) encourage and facilitate increased par10 ticipation by United States businesses in the

11 international marketplace;

12 (4) unfortunately, the present organizational

13 structure of the Federal Government’s administra14 tion of international trade activities is too diffuse

15 and leads to inconsistent and conflicting policies and

16 actions, weakening United States trade leadership

17 and hindering the ability of United States businesses

18 to compete;

19 (5) therefore, the Federal Government must

20 fundamentally reorganize its trade related activities

21 to better coordinate the development and implemen22 tation of United States trade policy; and

23 (6) such reorganization must include the con24 solidation of Federal functions relating to inter25 national trade into a single office, with cabinet level
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1 representation and full responsibility for all trade ac2 tivities of the United States.

3 SEC. 102. DEFINITIONS.

4 For purposes of this Act—

5 (1) the term ‘‘USTA’’ means the United States

6 Trade Administration established in section 201;

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

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

9 5, United States Code; and

10 (3) the term ‘‘USTR’’ means the United States

11 Trade Representative as provided for under section

12 201.

13 TITLE II—UNITED STATES

14 TRADE ADMINISTRATION

15 Subtitle A—Establishment

16 SEC. 201. ESTABLISHMENT OF THE USTA.

17 (a) IN GENERAL.—The United States Trade Admin18 istration (USTA) is established as an independent estab19 lishment in the executive branch of Government as defined

20 under section 104 of title 5, United States Code. The

21 United States Trade Representative shall be the head of

22 the USTA and shall be appointed by the President, by

23 and with the advice and consent of the Senate.

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

25 the rank and status of Ambassador and shall represent
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1 the United States in all trade negotiations conducted by

2 the USTA.

3 (c) CONTINUED SERVICE OF CURRENT USTR.—The

4 individual serving as United States Trade Representative

5 on the date immediately preceding the effective date of

6 this Act may continue to serve as USTR under subsection

7 (a).

8 SEC. 202. FUNCTIONS OF USTR.

9 (a) IN GENERAL.—As the head of the USTA, in addi10 tion to having primary responsibility for all other func11 tions transferred by law to the USTA, the USTR shall—

12 (1) serve as the principal advisor to the Presi13 dent on international trade policy, including advising

14 the President regarding the impact on trade of other

15 United States policies;

16 (2) exercise primary responsibility for develop17 ing, coordinating, and implementing the United

18 States international trade policy, to improve the

19 ability of United States businesses to compete in the

20 international marketplace;

21 (3) exercise primary responsibility for conduct22 ing international trade negotiations;

23 (4) monitor and, where appropriate, enforce

24 compliance with international trade agreements and

25 the laws of the United States relating to trade; and
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1 (5) pursue the enforcement of international

2 agreements to which the United States is a party

3 that provide for the protection of intellectual prop4 erty rights, seek new international agreements to

5 minimize theft of intellectual property owned by

6 United States citizens and businesses, otherwise pro7 mote protection of intellectual property rights, and

8 report directly to the Congress, on an annual

9 basis—

10 (A) the status of enforcement of inter11 national agreements to which the United States

12 is a party that provide for the protection of in13 tellectual property rights;

14 (B) analyses of the impact on United

15 States citizens and businesses of piracy of intel16 lectual property by foreign entities; and

17 (C) any recommendations for new inter18 national agreements to provide for the protec19 tion of intellectual property rights.

20 (b) INTERAGENCY ORGANIZATION.—The USTR shall

21 be the chairperson of the interagency organization estab22 lished under section 242 of the Trade Expansion Act of

23 1962.

24 (c) NATIONAL SECURITY COUNCIL.—The USTR

25 shall be a member of the National Security Council.
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1 (d) ADVISORY COUNCIL.—The USTR shall be Dep2 uty Chairman of the National Advisory Council on Inter3 national Monetary and Financial Policies established

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

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

6 with the Secretary of Agriculture or the designee of the

7 Secretary of Agriculture on all matters that potentially in8 volve international trade in agricultural products.

9 (2) If an international meeting for negotiation or con10 sultation includes discussion of international trade in agri11 cultural products, the USTR or the designee of the USTR

12 shall be Chairperson of the United States delegation to

13 such meeting and the Secretary of Agriculture or the des14 ignee of such Secretary shall be Vice Chairperson. The

15 provisions of this paragraph shall not limit the authority

16 of the USTR under subsection (h) to assign to the Sec17 retary of Agriculture responsibility for the conduct of, or

18 participation in, any trade negotiation or meeting.

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

20 chairperson of the Trade Promotion Coordinating Com21 mittee.

22 (g) NATIONAL ECONOMIC COUNCIL.—The USTR

23 shall be a member of the National Economic Council es24 tablished under Executive Order No. 12835, issued Janu25 ary 25, 1993.
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1 (h) INTERNATIONAL TRADE NEGOTIATIONS.—Ex2 cept where expressly prohibited by law, the USTR, at the

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

4 Federal agency, may assign the responsibility for conduct5 ing or participating in any specific international trade ne6 gotiation or meeting to the head of such agency whenever

7 the USTR determines that the subject matter of such

8 international trade negotiation is related to the functions

9 carried out by such agency.

10 Subtitle B—Officers

11 SEC. 211. DEPUTY ADMINISTRATOR OF THE USTA.

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

13 the Deputy Administrator of the United States Trade Ad14 ministration, who shall be appointed by the President, by

15 and with the advice and consent of the Senate.

16 (b) ABSENCE, DISABILITY, OR VACANCY OF

17 USTR.—The Deputy Administrator of the United States

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

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

21 vacant. The Deputy Administrator shall act for and exer22 cise the functions of the USTR until the absence or dis23 ability of the USTR no longer exists or a successor to the

24 USTR has been appointed by the President and confirmed

25 by the Senate.
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1 (c) FUNCTIONS OF DEPUTY ADMINISTRATOR.—The

2 Deputy Administrator of the United States Trade Admin3 istration shall exercise all functions, under the direction

4 of the USTR, transferred to or established in the USTA,

5 except those functions exercised by the Deputy United

6 States Trade Representatives, the Director General for

7 Export Promotion, the Inspector General, and the General

8 Counsel of the USTA, as provided by this Act.

9 SEC. 212. DEPUTY UNITED STATES TRADE REPRESENTA10 TIVES.

11 (a) ESTABLISHMENT.—There shall be in the USTA

12 2 Deputy United States Trade Representatives, who shall

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

14 consent of the Senate. The Deputy United States Trade

15 Representatives shall exercise all functions under the di16 rection of the USTR, and shall include—

17 (1) the Deputy United States Trade Represent18 ative for Negotiations; and

19 (2) the Deputy United States Trade Represent20 ative to the World Trade Organization.

21 (b) FUNCTIONS OF DEPUTY UNITED STATES TRADE

22 REPRESENTATIVES.—(1) The Deputy United States

23 Trade Representative for Negotiations shall exercise all

24 functions transferred under section 221 and shall have the

25 rank and status of Ambassador.
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1 (2) The Deputy United States Trade Representative

2 to the World Trade Organization shall exercise all func3 tions relating to representation to the World Trade Orga4 nization and shall have the rank and status of Ambas5 sador.

6 SEC. 213. ASSISTANT ADMINISTRATORS.

7 (a) ESTABLISHMENT.—There shall be in the USTA

8 3 Assistant Administrators, who shall be appointed by the

9 President, by and with the advice and consent of the Sen10 ate. The Assistant Administrators shall exercise all func11 tions under the direction of the Deputy Administrator of

12 the United States Trade Administration and include—

13 (1) the Assistant Administrator for Export Ad14 ministration;

15 (2) the Assistant Administrator for Import Ad16 ministration; and

17 (3) the Assistant Administrator for Trade and

18 Policy Analysis.

19 (b) FUNCTIONS OF ASSISTANT ADMINISTRATORS.—

20 (1) The Assistant Administrator for Export Administra21 tion shall exercise all functions transferred under section

22 222(1)(E).

23 (2) The Assistant Administrator for Import Adminis24 tration shall exercise all functions transferred under sec25 tion 222(1)(F).
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1 (3) The Assistant Administrator for Trade and Policy

2 Analysis shall exercise all functions transferred under sec3 tion 222(1)(C) and (D) and all functions transferred

4 under section 222(2).

5 SEC. 214. DIRECTOR GENERAL FOR EXPORT PROMOTION.

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

7 General for Export Promotion, who shall be appointed by

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

9 Senate.

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

11 Promotion shall exercise, under the direction of the

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

13 and (B) relating to functions of the United States and

14 Foreign Commercial Service and 223 and shall have the

15 rank and status of Ambassador.

16 SEC. 215. GENERAL COUNSEL.

17 There shall be in the USTA a General Counsel, who

18 shall be appointed by the President, by and with the advice

19 and consent of the Senate. The General Counsel shall pro20 vide legal assistance to the USTR concerning the activi21 ties, programs, and policies of the USTA.

22 SEC. 216. INSPECTOR GENERAL.

23 There shall be in the USTA an Inspector General

24 who shall be appointed in accordance with the Inspector
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1 General Act of 1978, as amended by section 261(a) of this

2 Act.

3 SEC. 217. CHIEF FINANCIAL OFFICER.

4 There shall be in the USTA a Chief Financial Officer

5 who shall be appointed in accordance with section 901 of

6 title 31, United States Code, as amended by section

7 261(e) of this Act. The Chief Financial Officer shall per8 form all functions prescribed by the Deputy Administrator

9 of the USTA, under the direction of the Deputy Adminis10 trator.

11 Subtitle C—Transfers to the USTA

12 SEC. 221. OFFICE OF THE UNITED STATES TRADE REP13 RESENTATIVE.

14 There are transferred to the USTA all functions of

15 the United States Trade Representative and the Office of

16 the United States Trade Representative in the Executive

17 Office of the President and all functions of any officer or

18 employee of such Office.

19 SEC. 222. TRANSFERS FROM THE DEPARTMENT OF COM20 MERCE.

21 There are transferred to the USTA the following

22 functions:

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

24 under the direction of, the following officers and em25 ployees of the Department of Commerce:
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1 (A) The Under Secretary of Commerce for

2 International Trade.

3 (B) The Director General of the United

4 States and Foreign Commercial Service, relat5 ing to all functions exercised by the Service.

6 (C) The Assistant Secretary of Commerce

7 for International Economic Policy.

8 (D) The Assistant Secretary of Commerce

9 for Trade Development.

10 (E) The Under Secretary of Commerce for

11 Export Administration.

12 (F) The Assistant Secretary of Commerce

13 for Import Administration.

14 (2) All functions of the Secretary of Commerce

15 relating to the National Trade Data Bank.

16 (3) All functions of the Secretary of Commerce

17 under the Tariff Act of 1930, the Uruguay Round

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

19 trade-related Acts for which responsibility is not oth20 erwise assigned under this Act.

21 SEC. 223. TRADE AND DEVELOPMENT AGENCY.

22 There are transferred to the Director General for Ex23 port Promotion all functions of the Director of the Trade

24 and Development Agency and the Trade and Development

25 Agency.
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1 SEC. 224. EXPORT-IMPORT BANK.

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

3 USTA all functions of the Secretary of Commerce relating

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

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

6 of 1945 (12 U.S.C. 635a(c)(1)) is amended to read as fol7 lows:

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

9 Bank consisting of the United States Trade Representa10 tive (who shall serve as Chairman), the President of the

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

12 as Vice Chairman), the first Vice President, and 2 addi13 tional persons appointed by the President of the United

14 States, by and with the advice and consent of the Sen15 ate.’’.

16 (b) EX OFFICIO MEMBER OF EXPORT-IMPORT BANK

17 BOARD OF DIRECTORS.—The Director General for Export

18 Promotion shall serve as an ex officio nonvoting member

19 of the Board of Directors of the Export-Import Bank.

20 (c) AMENDMENTS TO RELATED BANKING AND

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

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

23 amended to read as follows:

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

25 Commercial Service shall provide such services as the Di26 rector General for Export Promotion of the United States
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1 Trade Administration determines necessary to assist the

2 Export-Import Bank of the United States to carry out the

3 lending, loan guarantee, insurance, and other activities of

4 the Bank.’’.

5 SEC. 225. OVERSEAS PRIVATE INVESTMENT CORPORATION.

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

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

8 of 1961 (22 U.S.C. 2193(b)) are amended to read as fol9 lows: ‘‘The United States Trade Representative shall be

10 the Chairman of the Board. The Administrator of the

11 Agency for International Development (who shall serve as

12 Vice Chairman) shall serve on the Board.’’.

13 (b) EX OFFICIO MEMBER OF OVERSEAS PRIVATE IN14 VESTMENT CORPORATION BOARD OF DIRECTORS.—The

15 Director General for Export Promotion shall serve as an

16 ex officio nonvoting member of the Board of Directors of

17 the Overseas Private Investment Corporation.

18 SEC. 226. CONSOLIDATION OF EXPORT PROMOTION AND FI19 NANCING ACTIVITIES.

20 Within 180 days after the date of the enactment of

21 this Act, the President shall transmit to the Congress a

22 comprehensive plan to further consolidate Federal trade

23 programs and export financing activities within the

24 USTA. The plan shall provide for—
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1 (1) an itemized summary of all Federal trade

2 programs and activities identified by authorizing

3 statute or executive order, including staff allocation

4 and resource expenditure;

5 (2) a unified budget for reallocating Federal

6 trade priorities, including identification and elimi7 nation of overlapping and duplicative export pro8 motion and financing activities;

9 (3) identification of present cooperative activi10 ties among Federal, State, and private trade pro11 grams, and recommendations for Federal priorities

12 and long-term opportunities for developing and in13 creasing such cooperation;

14 (4) recommendations for eliminating or restruc15 turing overlapping or ineffective functions among

16 Federal trade programs; and

17 (5) recommendations for implementing user

18 fees to offset operating costs for the provision of

19 services in the performance of Federal trade activi20 ties.

21 SEC. 227. ADDITIONAL TRADE FUNCTIONS.

22 (a) TERMINATION OF AUTHORIZATIONS OF APPRO23 PRIATIONS.—

24 (1) NAFTA SECRETARIAT.—Section 105(b) of

25 the North American Free Trade Agreement Imple-
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1 mentation Act (19 U.S.C. 3315(b)) is amended by

2 striking ‘‘each fiscal year after fiscal year 1993’’ and

3 inserting ‘‘each of fiscal years 1994 and 1995’’.

4 (2) BORDER ENVIRONMENT COOPERATION COM5 MISSION.—Section 533(a)(2) of the North American

6 Free Trade Agreement Implementation Act (19

7 U.S.C. 3473(a)(2)) is amended by striking ‘‘and

8 each fiscal year thereafter’’ and inserting ‘‘fiscal

9 year 1995’’.

10 (b) FUNCTIONS RELATED TO TEXTILE AGREE11 MENTS.—

12 (1) FUNCTIONS OF CITA.—(A) Subject to sub13 paragraph (B), those functions delegated to the

14 Committee for the Implementation of Textile Agree15 ments established under Executive Order 11651 (7

16 U.S.C. 1854 note) (hereafter in this subsection re17 ferred to as ‘‘CITA’’) are transferred to the USTA.

18 (B) Those functions delegated to CITA that re19 late to the assessment of the impact of textile im20 ports on domestic industry are transferred to the

21 International Trade Commission. The International

22 Trade Commission shall make a determination pur23 suant to the preceding sentence within 60 days after

24 receiving a complaint or request for an investigation.

25 (2) ABOLITION OF CITA.—CITA is abolished.
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1 Subtitle D—Administrative

2 Provisions

3 SEC. 231. PERSONNEL PROVISIONS.

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

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

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

8 of the USTA. Except as otherwise provided by law, such

9 officers and employees shall be appointed in accordance

10 with the civil service laws and their compensation fixed

11 in accordance with title 5, United States Code.

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

13 of the USTR, the Director of the Office of Personnel Man14 agement shall, under section 5108 of title 5, United States

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

16 GS–15 of the General Schedule, and in the Senior Execu17 tive Service, of a number of positions in the USTA equal

18 to the number of positions in that grade level which were

19 used primarily for the performance of functions and of20 fices transferred by this Act and which were assigned and

21 filled on the day before the effective date of this Act.

22 (2) Appointments to positions provided for under this

23 subsection may be made without regard to the provisions

24 of section 3324 of title 5, United States Code, if the indi25 vidual appointed in such position is an individual who is
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1 transferred in connection with the transfer of functions

2 and offices under this Act and, on the day before the effec3 tive date of this Act, holds a position and has duties com4 parable to those of the position to which appointed under

5 this subsection.

6 (3) The authority under this subsection with respect

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

8 shall terminate when the person first appointed to fill such

9 position ceases to hold such position.

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

11 Service Reform Act of 1978, an individual appointed

12 under this subsection shall be deemed to occupy the same

13 position as the individual occupied on the day before the

14 effective date of this Act.

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

16 obtain the services of experts and consultants in accord17 ance with section 3109 of title 5, United States Code, and

18 compensate such experts and consultants for each day (in19 cluding traveltime) at rates not in excess of the maximum

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

21 Schedule under section 5332 of such title. The USTR may

22 pay experts and consultants who are serving away from

23 their homes or regular place of business travel expenses

24 and per diem in lieu of subsistence at rates authorized
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1 by sections 5702 and 5703 of such title for persons in

2 Government service employed intermittently.

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

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

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

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

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

11 title 5, United States Code.

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

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

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

16 (3) An individual who provides voluntary services

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

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

21 United States Code, relating to tort claims.

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

24 level commensurate with the level of representation main25 tained by industrial nations which are major trade com-
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1 petitors of the United States, the Secretary of State shall

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

4 Foreign Service performing functions of the USTA, with

5 the concurrence of the USTR, to such positions in nations

6 which are major trade competitors of the United States.

7 The Secretary of State shall obtain and use the rec8 ommendations of the USTR with respect to the number

9 of positions to be so classified under this subsection.

10 SEC. 232. DELEGATION AND ASSIGNMENT.

11 Except where otherwise expressly prohibited by law

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

13 any of the functions transferred to the USTA or USTR

14 by this Act and any function transferred or granted to

15 the USTA or USTR after the effective date of this Act

16 to such officers and employees of the USTA as the USTR

17 may designate, and may authorize successive redelegations

18 of such functions as may be necessary or appropriate. No

19 delegation of functions by the USTR under this section

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

21 USTR of responsibility for the administration of such

22 functions.

23 SEC. 233. SUCCESSION.

24 (a) ORDER OF SUCCESSION.—Subject to the author25 ity of the President, and except as provided in section
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1 211(b), the USTR shall prescribe the order by which offi2 cers of the USTA who are appointed by the President,

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

4 act for, and perform the functions of, the USTR or any

5 other officer of the USTA appointed by the President, by

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

7 absence or disability of the USTR or such other officer,

8 or in the event of a vacancy in the USTA or the office

9 of such other officer.

10 (b) CONTINUATION.—Notwithstanding any other pro11 vision of law, and unless the President directs otherwise,

12 an individual acting for the USTR or another officer of

13 the USTA pursuant to subsection (a) shall continue to

14 serve in that capacity until the absence or disability of

15 the USTR or such other officer no longer exists or a suc16 cessor to the USTR or such other officer has been ap17 pointed by the President and confirmed by the Senate.

18 SEC. 234. REORGANIZATION.

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

20 USTR is authorized to allocate or reallocate functions

21 among the officers of the USTA, and to establish, consoli22 date, alter, or discontinue such organizational entities in

23 the USTA as may be necessary or appropriate.

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

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

2 USTA or allocate or reallocate any function of an officer

3 or employee of the USTA that is inconsistent with any

4 specific provision of this Act.

5 SEC. 235. RULES.

6 The USTR is authorized to prescribe, in accordance

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

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

11 SEC. 236. FUNDS TRANSFER.

12 The USTR may, when authorized in an appropriation

13 Act in any fiscal year, transfer funds from one appropria14 tion to another within the USTA, except that no appro15 priation for any fiscal year shall be either increased or

16 decreased by more than 10 percent and no such transfer

17 shall result in increasing any such appropriation above the

18 amount authorized to be appropriated therefor.

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

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

22 Federal Property and Administrative Services Act of

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

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

25 similar transactions with public agencies, private organiza-
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1 tions, and persons, and make payments (in lump sum or

2 installments, and by way of advance or reimbursement,

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

4 on account of overpayments and underpayments) as the

5 USTR considers necessary or appropriate to carry out the

6 functions of the USTA.

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

9 to make payments under this subtitle shall be effective

10 only to such extent or in such amounts as are provided

11 in advance in appropriation Acts. This subsection does not

12 apply with respect to the authority granted under section

13 239.

14 SEC. 238. USE OF FACILITIES.

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

16 with or without reimbursement, may use the research,

17 services, equipment, and facilities of—

18 (1) an individual,

19 (2) any public or private nonprofit agency or

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

22 of Columbia, the Commonwealth of Puerto Rico, or

23 any territory or possession of the United States,

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

25 District of Columbia, the Commonwealth of Puerto
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1 Rico, or any territory or possession of the United

2 States, or

3 (4) any foreign government,

4 in carrying out any function of the USTA.

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

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

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

8 and private agencies, corporations, associations or other

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

10 facility, structure, or other improvement thereon, under

11 the custody of the USTA. The USTR may require permit12 tees under this section to maintain or recondition, at their

13 own expense, the real property, facilities, structures, and

14 improvements used by such permittees.

15 SEC. 239. GIFTS AND BEQUESTS.

16 (a) IN GENERAL.—The USTR is authorized to ac17 cept, hold, administer, and utilize gifts and bequests of

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

19 or facilitating the work of the USTA. Gifts and bequests

20 of money and the proceeds from sales of other property

21 received as gifts or bequests shall be deposited in the Unit22 ed States Treasury in a separate fund and shall be dis23 bursed on order of the USTR. Property accepted pursuant

24 to this subsection, and the proceeds thereof, shall be used
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1 as nearly as possible in accordance with the terms of the

2 gift or bequest.

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

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

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

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

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

8 the Secretary of the Treasury may invest and reinvest in

9 securities of the United States or in securities guaranteed

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

12 Income accruing from such securities, and from any other

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

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

15 disbursed upon order of the USTR.

16 SEC. 240. WORKING CAPITAL FUND.

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

18 establish for the USTA a working capital fund, to be avail19 able without fiscal year limitation, for expenses necessary

20 for the maintenance and operation of such common ad21 ministrative services as the USTR finds to be desirable

22 in the interest of economy and efficiency, including—

23 (1) a central supply service for stationery and

24 other supplies and equipment for which adequate

25 stocks may be maintained to meet in whole or in
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1 part the requirements of the USTA and its compo2 nents;

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

5 (3) office space and central services for docu6 ment reproduction and for graphics and visual aids;

7 (4) a central library service; and

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

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

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

12 shall consist of any appropriations made for the purpose

13 of providing working capital and the fair and reasonable

14 value of such stocks of supplies, equipment, and other as15 sets and inventories on order as the USTR may transfer

16 to the fund, less the related liabilities and unpaid obliga17 tions. The fund shall be reimbursed in advance from avail18 able funds of agencies and offices in the USTA, or from

19 other sources, for supplies and services at rates which will

20 approximate the expense of operation, including the ac21 crual of annual leave and the depreciation of equipment.

22 The fund shall also be credited with receipts from the sale

23 or exchange of property and receipts in payment for loss

24 or damage to property owned by the fund. There shall be

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

2 prior losses considered) above the amounts transferred or

3 appropriated to establish and maintain the fund. There

4 shall be transferred to the fund the stocks of supplies,

5 equipment, other assets, liabilities, and unpaid obligations

6 relating to those services which the USTR determines will

7 be performed.

8 SEC. 241. SERVICE CHARGES.

9 (a) AUTHORITY.—Notwithstanding any other provi10 sion of law, the USTR may establish reasonable fees and

11 commissions with respect to applications, documents,

12 awards, loans, grants, research data, services, and assist13 ance administered by the USTA, and the USTR may

14 change and abolish such fees and commissions. Before es15 tablishing, changing, or abolishing any schedule of fees or

16 commissions under this section, the USTR may submit

17 such schedule to the Congress.

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

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

20 service, or assistance for which a fee or commission is re21 quired under this section.

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

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

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

25 appropriated and made available until expended.
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1 (d) FACTORS IN ESTABLISHING FEES AND COMMIS2 SIONS.—In establishing reasonable fees or commissions

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

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

5 providing the items, information, services, or assist6 ance concerned;

7 (2) the efficiency of the Government in provid8 ing such items, information, services, or assistance;

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

10 in providing such items, information, services, or as11 sistance which may be attributed to benefits for the

12 general public rather than exclusively for the person

13 to whom the items, information, services, or assist14 ance is provided;

15 (4) any public service which occurs through the

16 provision of such items, information, services, or as17 sistance; and

18 (5) such other factors as the USTR considers

19 appropriate.

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

21 in which the USTR determines that any person has made

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

23 made a payment which is in excess of the amount required

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

2 funds.

3 SEC. 241. SEAL OF OFFICE.

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

5 for the USTA of such design as the USTR shall approve.

6 Judicial notice shall be taken of such seal.

7 Subtitle E—Related Agencies

8 SEC. 251. NATIONAL SECURITY COUNCIL.

9 The fourth paragraph of section 101(a) of the Na10 tional Security Act of 1947 (50 U.S.C. 402(a)) is amend11 ed—

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

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

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

15 new clause:

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

17 SEC. 252. INTERNATIONAL MONETARY FUND.

18 Section 3 of the Bretton Woods Agreement Act (22

19 U.S.C. 286a) is amended by adding at the end the follow20 ing new subsection:

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

22 shall consult with the United States Trade Representative

23 with respect to matters under consideration by the Fund

24 which relate to trade.’’.
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1 Subtitle F—Conforming

2 Amendments

3 SEC. 261. AMENDMENTS TO GENERAL PROVISIONS.

4 (a) INSPECTOR GENERAL.—The Inspector General

5 Act of 1978 (5 U.S.C. App.) is amended—

6 (1) in subsection 9(a)(1) by inserting after sub7 paragraph (W) the following:

8 ‘‘(X) of the United States Trade Rep9 resentative, all functions of the Inspector Gen10 eral of the Department of Commerce and the

11 Office of the Inspector General of the Depart12 ment of Commerce relating to the functions

13 transferred to the United States Trade Rep14 resentative by section 222 of the Trade Mod15 ernization Act of 1996; and’’; and

16 (2) in section 11—

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

18 United States Trade Representative;’’ after

19 ‘‘the Attorney General;’’; and

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

21 United States Trade Administration,’’ after

22 ‘‘Treasury;’’.

23 (b) AMENDMENT TO THE TRADE ACT OF 1974.—(1)

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

25 to read as follows:
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1 ‘‘CHAPTER 4—REPRESENTATION IN

2 TRADE NEGOTIATIONS

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

5 ‘‘The United States Trade Representative of the

6 United States Trade Administration established under

7 section 201 of the Trade Modernization Act of 1996

8 shall—

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

10 States for each trade negotiation under this title or

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

12 title I of the Omnibus Trade and Competitiveness

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

14 after the Trade Modernization Act of 1996;

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

16 Congress, and be responsible to the President and

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

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

21 1930, and any other provision of law enacted after

22 the Trade Modernization Act of 1996;

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

24 with respect to nontariff barriers to international

25 trade, international commodity agreements, and
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1 other matters which are related to the trade agree2 ments programs; and

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

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

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

‘‘CHAPTER 4—REPRESENTATION IN TRADE NEGOTIATIONS

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

10 (d) FOREIGN SERVICE PERSONNEL.—The Foreign

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

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

13 following:

14 ‘‘(3) The United States Trade Representative

15 may utilize the Foreign Service personnel system in

16 accordance with this Act—

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

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

22 3 of 1979; and

23 ‘‘(ii) which were subsequently trans24 ferred to the United States Trade Rep-
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1 resentative by section 222 of the Trade

2 Modernization Act of 1996; and

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

4 United States Trade Administration to the ex5 tent the President determines to be necessary in

6 order to enable the United States Trade Ad7 ministration to carry out functions which re8 quire service abroad.’’.

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

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

11 the end the following:

12 ‘‘(Q) The United States Trade Administra13 tion.’’.

14 SEC. 262. REPEALS.

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

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

17 Under Secretary of Commerce, are repealed.

18 SEC. 263. CONFORMING AMENDMENTS RELATING TO EXEC19 UTIVE SCHEDULE POSITIONS.

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

21 5, United States Code, is amended by amending the item

22 relating to the United States Trade Representative to read

23 as follows:

24 ‘‘United States Trade Representative, United

25 States Trade Administration.’’.
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1 (b) POSITIONS AT LEVEL II.—Section 5313 of title

2 5, United States Code, is amended by adding at the end

3 the following:

4 ‘‘Deputy Administrator of the United States

5 Trade Administration.

6 ‘‘Deputy United States Trade Representatives,

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

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

9 5, United States Code, is amended—

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

11 Secretary of Commerce, Under Secretary of Com12 merce for Economic Affairs, Under Secretary of

13 Commerce for Export Administration, and Under

14 Secretary of Commerce for Travel and Tourism, and

15 inserting ‘‘Under Secretary of Commerce for Eco16 nomic Affairs and Under Secretary of Commerce for

17 Travel and Tourism’’; and

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

19 ‘‘Assistant Administrators, United States Trade

20 Administration (3).

21 ‘‘Director General for Export Promotion, Office

22 of the United States Trade Representative.’’.

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

24 5, United States Code, is amended—
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1 (1) in the item relating to the Assistant Sec2 retaries of Commerce, by striking ‘‘(11)’’ and insert3 ing ‘‘(7)’’;

4 (2) by striking the item relating to the Assist5 ant Secretary of Commerce and Director General of

6 the United States and Foreign Commercial Service;

7 and

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

9 ‘‘General Counsel, United States Trade Admin10 istration.

11 ‘‘Inspector General, United States Trade Ad12 ministration.

13 ‘‘Chief Financial Officer, United States Trade

14 Administration.’’.

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

16 5, United States Code, is amended by striking the item

17 relating to the National Export Expansion Coordinator,

18 Department of Commerce.

19 TITLE III—MISCELLANEOUS

20 PROVISIONS

21 SEC. 301. REFERENCES.

22 Any reference in any other Federal law, Executive

23 order, rule, regulation, or delegation of authority, or any

24 document of or pertaining to a department or office from

25 which a function is transferred by this Act—
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1 (1) to the head of such department or office is

2 deemed to refer to the head of the department or of3 fice to which such function is transferred; or

4 (2) to such department or office is deemed to

5 refer to the department or office to which such func6 tion is transferred.

7 SEC. 302. ADDITIONAL TRANSFERS.

8 Any function of the Secretary of Commerce or the

9 Department of Commerce which—

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

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

12 related to, the performance of a function transferred

13 by such title,

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

15 the related function is transferred by such title.

16 SEC. 303. EXERCISE OF AUTHORITIES.

17 Except as otherwise provided by law, a Federal offi18 cial to whom a function is transferred by this Act may,

19 for purposes of performing the function, exercise all au20 thorities under any other provision of law that were avail21 able with respect to the performance of that function to

22 the official responsible for the performance of the function

23 immediately before the effective date of the transfer of the

24 function under this Act.
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1 SEC. 304. 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 the enactment of this Act before an office

26 transferred by this Act, but such proceedings and applica-
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1 tions shall be continued. Orders shall be issued in such

2 proceedings, appeals shall be taken therefrom, and pay3 ments shall be made pursuant to such orders, as if this

4 Act had not been enacted, and orders issued in any such

5 proceeding shall continue in effect until modified, termi6 nated, superseded, or revoked by a duly authorized official,

7 by a court of competent jurisdiction, or by operation of

8 law. Nothing in this subsection shall be construed to pro9 hibit the discontinuance or modification of any such pro10 ceeding under the same terms and conditions and to the

11 same extent that such proceeding could have been discon12 tinued or modified if this Act had not been enacted.

13 (c) SUITS.—This Act shall not affect suits com14 menced before the date of the enactment of this Act, and

15 in all such suits, proceeding shall be had, appeals taken,

16 and 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, the Secretary of Commerce, or the Of21 fice of the United States Trade Representative, or by or

22 against any individual in the official capacity of such indi23 vidual as an officer or employee of an office transferred

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

25 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. 305. 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. 306. 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. 307. AUTHORITY OF DIRECTOR OF THE OFFICE OF

17 MANAGEMENT AND BUDGET WITH RESPECT

18 TO FUNCTIONS TRANSFERRED.

19 (a) DETERMINATIONS.—If necessary, the Director of

20 the Office of Management and Budget shall make any de21 termination of the functions that are transferred under

22 this Act.

23 (b) INCIDENTAL TRANSFERS.—The Director of the

24 Office of Management and Budget, at such time or times

25 as the Director shall provide, may make such determina-
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1 tions as may be necessary with regard to the functions

2 transferred by this Act, and to make such additional inci3 dental dispositions of personnel, assets, liabilities, grants,

4 contracts, property, records, and unexpended balances of

5 appropriations, authorizations, allocations, and other

6 funds held, used, arising from, available to, or to be made

7 available in connection with such functions, as may be nec8 essary to carry out the provisions of this Act. The Director

9 shall provide for the termination of the affairs of all enti10 ties terminated by this Act and for such further measures

11 and dispositions as may be necessary to effectuate the pur12 poses of this Act.

13 SEC. 308. CERTAIN VESTING OF FUNCTIONS CONSIDERED

14 TRANSFERS.

15 For purposes of this Act, the vesting of a function

16 in a department or office pursuant to reestablishment of

17 an office shall be considered to be the transfer of the

18 function.

19 SEC. 309. AVAILABILITY OF EXISTING FUNDS.

20 Existing appropriations and funds available for the

21 performance of functions, programs, and activities termi22 nated pursuant to this Act shall remain available, for the

23 duration of their period of availability, for necessary ex24 penses in connection with the termination and resolution

25 of such functions, programs, and activities.
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1 SEC. 310. DEFINITIONS.

2 For purposes of this title—

3 (1) the term ‘‘function’’ includes any duty, obli4 gation, power, authority, responsibility, right, privi5 lege, activity, or program; and

6 (2) the term ‘‘office’’ includes any office, ad7 ministration, agency, bureau, institute, council, unit,

8 organizational entity, or component thereof.

9 TITLE IV—MISCELLANEOUS

10 SEC. 401. EFFECTIVE DATE.

11 (a) IN GENERAL.—This Act shall take effect on the

12 last day of the 6-month period beginning on the date of

13 the enactment of this Act, except that—

14 (1) sections 226 and 307 shall take effect on

15 such date of enactment; and

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

17 of this Act the officers provided for in title II of this

18 Act may be nominated and appointed, as provided in

19 such title.

20 (b) INTERIM COMPENSATION AND EXPENSES.—

21 Funds available to the Department of Commerce or the

22 Office of the United States Trade Representative (or any

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

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

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

2 functions until funds for that purpose are otherwise avail3 able.

4 SEC. 402. INTERIM APPOINTMENTS.

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

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

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

8 effective date of this Act, and notwithstanding any other

9 provision of law, the President may designate any officer

10 who was appointed by and with the advice and consent

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

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

13 until it is filled as provided by this Act.

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

15 pursuant to subsection (a) shall receive compensation at

16 the rate prescribed by this Act for such office.

17 SEC. 403. AUTHORIZATION OF APPROPRIATIONS.

18 There are authorized to be appropriated such sums

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

20 Act. Amounts appropriated under this section shall be

21 available until expended.

Æ