I
103D CONGRESS
1ST SESSION
H. R. 2973
To enhance the competitiveness of the United States in the global economy
through the establishment of a Department of International Trade as
an executive department of the Government, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 6, 1993
Mr. MICA introduced the following bill; which was referred to the Committee
on Government Operations
A BILL
To enhance the competitiveness of the United States in the
global economy through the establishment of a Depart-
ment of International Trade as an executive department
of the Government, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TABLE OF CONTENTS
TITLE I—GENERAL PROVISIONS
Sec. 101. Findings.
Sec. 102. Definitions.
TITLE II—DEPARTMENT OF INTERNATIONAL TRADE
PART A—ESTABLISHMENT
Sec. 201. Establishment of Department.
Sec. 202. Functions of the Secretary.
PART B—OFFICES AND BUREAUS
Sec. 211. Office of the Trade Representative.
Sec. 212. Bureau of Export Promotion.
Sec. 213. Bureau of Trade and Policy Analysis.
Sec. 214. Bureau of Trade Administration.
PART C—OFFICERS
Sec. 221. Deputy Secretary.
Sec. 222. Trade Representative.
Sec. 223. Under Secretaries.
Sec. 224. Assistant Secretaries.
Sec. 225. General Counsel.
Sec. 226. Inspector General.
Sec. 227. Representative to the General Agreement on Tariffs and Trade.
PART D—TRANSFERS TO THE DEPARTMENT
Sec. 231. Office of the United States Trade Representative.
Sec. 232. Transfers from the Department of Commerce.
Sec. 233. Transfer of the Export-Import Bank.
Sec. 234. Overseas Private Investment Corporation.
Sec. 235. Trade and Development Agency.
Sec. 236. Bureau of Private Enterprise.
PART E—ADMINISTRATIVE PROVISIONS
Sec. 241. Personnel provisions.
Sec. 242. Delegation and assignment.
Sec. 243. Succession.
Sec. 244. Reorganization.
Sec. 245. Rules.
Sec. 246. Working capital fund.
Sec. 247. Funds transfer.
Sec. 248. Contracts, grants, and cooperative agreements.
Sec. 249. Publications.
Sec. 250. Use of facilities.
Sec. 251. Field offices.
Sec. 252. Gifts and bequests.
Sec. 253. Seal of Department.
Sec. 254. Annual report.
Sec. 255. Professional Trade Service Corps.
Sec. 256. National Trade Data Bank.
PART F—RELATED AGENCIES
Sec. 261. Interagency trade organization.
Sec. 262. National Security Council.
Sec. 263. International Monetary Fund.
PART G—CONFORMING PROVISIONS
Sec. 271. Amendments.
Sec. 272. Repeals.
TITLE III—ESTABLISHMENT OF TECHNOLOGY ADMINISTRATION
AS INDEPENDENT AGENCY
PART A—ESTABLISHMENT OF TECHNOLOGY ADMINISTRATION
Sec. 301. Short title.
Sec. 302. Findings.
Sec. 303. Definitions.
Sec. 304. Establishment.
Sec. 305. Functions of the Administrator.
Sec. 306. Conforming amendments.
PART B—ADMINISTRATIVE PROVISIONS
Sec. 321. Rules.
Sec. 322. Delegation.
Sec. 323. Personnel and services.
Sec. 324. Contracts.
Sec. 325. Use of facilities.
Sec. 326. Service charges.
Sec. 327. Acquisition and maintenance of property.
Sec. 328. Facilities at remote locations.
Sec. 329. Copyrights and patents.
Sec. 330. Gifts and bequests.
Sec. 331. Transfers of funds from other Federal agencies.
Sec. 332. Working capital fund.
Sec. 333. Seal of Administration.
Sec. 334. Annual report.
Sec. 335. Status of Administration under certain laws.
TITLE IV—ESTABLISHMENT OF NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION AS AN INDEPENDENT AGENCY
PART A—ESTABLISHMENT OF ADMINISTRATION
Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Definitions.
Sec. 404. Establishment.
Sec. 405. Officers.
Sec. 406. Transfer of the National Oceanic and Atmospheric Administration
from the Department of Commerce.
PART B—ADMINISTRATIVE PROVISIONS
Sec. 411. Rules.
Sec. 412. Delegation.
Sec. 413. Personnel and services.
Sec. 414. Contracts.
Sec. 415. Use of facilities.
Sec. 416. Service charges.
Sec. 417. Acquisition and maintenance of property.
Sec. 418. Facilities at remote locations.
Sec. 419. Copyrights and patents.
Sec. 420. Gifts and bequests.
Sec. 421. Transfers of funds from other Federal agencies.
Sec. 422. Working capital fund.
Sec. 423. Seal of Administration.
Sec. 424. Annual report.
Sec. 425. Status of Administration under certain laws.
Sec. 426. Salary of Assistant Administrators.
Sec. 427. Coordination of environmental policy.
TITLE V—ESTABLISHMENT OF ECONOMIC DEVELOPMENT
ADMINISTRATION AS AN INDEPENDENT AGENCY
PART A—ESTABLISHMENT OF ECONOMIC DEVELOPMENT ADMINISTRATION
Sec. 501. Short title.
Sec. 502. Findings.
Sec. 503. Establishment.
PART B—ADMINISTRATIVE PROVISIONS
Sec. 504. Rules.
Sec. 505. Delegation.
Sec. 506. Personnel and services.
Sec. 507. Contracts.
Sec. 508. Use of facilities.
Sec. 509. Service charges.
Sec. 510. Acquisition and maintenance of property.
Sec. 511. Facilities at remote locations.
Sec. 512. Copyrights and patents.
Sec. 513. Gifts and bequests.
Sec. 514. Transfers of funds from other Federal agencies.
Sec. 515. Working capital fund.
Sec. 516. Seal of Administration.
Sec. 517. Annual report.
Sec. 518. Status of Administration under certain laws.
TITLE VI—TRANSFERS TO OTHER FEDERAL AGENCIES
PART A—MINORITY BUSINESS DEVELOPMENT AGENCY
Sec. 601. Transfers to the Small Business Administration.
Sec. 602. Administrative provisions relating to the Minority Business Develop-
ment Agency.
Sec. 603. Conforming amendments relating to the Minority Business Develop-
ment Agency.
PART B—TRANSFER OF THE BUREAU OF THE CENSUS TO THE
DEPARTMENT OF LABOR
Sec. 611. Transfers.
Sec. 612. Establishment within the Department of Labor.
Sec. 613. Report to the President and Congress.
Sec. 614. Conforming amendments relating to the Bureau of the Census.
TITLE VII—TRANSITIONAL, SAVINGS, AND CONFORMING
PROVISIONS
Sec. 701. Additional transfers.
Sec. 702. Transfer and allocations of appropriations and personnel.
Sec. 703. Incidental transfers.
Sec. 704. Effect on personnel.
Sec. 705. Savings provisions.
Sec. 706. Separability.
Sec. 707. Reference.
Sec. 708. Transition.
Sec. 709. Additional conforming amendments.
Sec. 710. Termination of the Department of Commerce.
TITLE VIII—MISCELLANEOUS
Sec. 801. Effective date.
Sec. 802. Interim appointments.
Sec. 803. Personnel and funding reductions resulting from reorganization.
Sec. 804. Authorization of appropriations.
TITLE I—GENERAL PROVISIONS
FINDINGS
SEC. 101. The Congress finds that—
(1) principal national goals of the United States
are to—
(A) maintain United States leadership in
international trade liberalization and expansion
efforts;
(B) reinvigorate the ability of the United
States economy to compete in international
markets and to respond flexibly to changes in
international competition; and
(C) expand United States participation in
international trade through aggressive pro-
motion and marketing of American products
and services;
(2) the economy of the United States is so inex-
tricably linked with the international economic sys-
tem that all domestic economic sectors are influ-
enced by the dynamics of global trade and
investment;
(3) the expansion of United States participation
in international trade will improve the general wel-
fare of the people of the United States by increasing
demand for American products and services, creat-
ing jobs, and increasing the gross national product;
(4) business, labor, and all levels of government
must place the highest priority on developing meth-
ods and policies to achieve the goals described in
paragraph (1), and the achievement of such goals is
dependent on a marked improvement in the capabil-
ity of United States businesses to compete in foreign
markets;
(5) the Federal Government can enhance the
capability of United States businesses to compete in
foreign markets by acting to—
(A) reduce political and economic barriers
to sales and investments by such businesses;
(B) promote American goods and services
in foreign countries;
(C) encourage aggressive participation by
the private sector in the international market-
place; and
(D) develop policies to enhance productiv-
ity and long-term growth;
(6) effective and efficient Government action to
enhance the capability of United States businesses
to compete in foreign markets requires coordination
of the development and implementation of Govern-
ment policies relating to the international trade in-
terests of the United States;
(7) the Federal Government can enhance the
capability of State governments to expand foreign
markets for goods and services produced in such
States by—
(A) providing information resources suit-
able for developing and conducting international
export programs in the States;
(B) coordinating activities of Federal over-
seas trade facilities with State international
trade offices;
(C) providing practical and technical as-
sistance to States developing or conducting
international export and investment programs;
and
(D) taking appropriate actions to promote
the availability of such information and assist-
ance;
(8) effective and efficient Government action
with respect to international trade further requires
the employment of a corps of personnel consisting of
individuals who, like the personnel of the govern-
ments of United States trading partners, are highly
experienced and educated in international trade op-
erations and negotiations;
(9) the present organizational structure of Gov-
ernment administration of international trade activi-
ties is so diffuse that inconsistent and contradictory
policies and actions result;
(10) such inconsistent and contradictory poli-
cies and actions inhibit domestic trade interests, cre-
ate trade opportunities for our international com-
petitors, and discourage experienced Government
personnel from career service in international trade
activities;
(11) United States performance in international
trade is fundamentally linked to the competitiveness
of American industry in the world economy;
(12) improvements in the competitiveness of
United States industry, products, and services can
be aided by reducing traditional antagonisms among
government, industry, labor, and the public;
(13) a lack of analytical capability and knowl-
edge concerning the competitive position of Amer-
ican industries and foreign industries greatly ham-
pers or delays the ability of the United States to for-
mulate responsible trade policies and policies that
affect the international competitiveness of domestic
industries;
(14) the consolidation of Government functions
relating to international trade, including functions
relating to technical analysis, policymaking, inter-
national negotiation, and operational responsibilities,
into a Department of Trade shall provide the needed
coordination of Government activity in international
trade and will encourage the retention of the highly
experienced personnel necessary for such coordina-
tion to be effective;
(15) the continued prosperity and overall com-
petitive posture of the United States calls for a deci-
sive and unified trade policy that vigorously pro-
motes an equitable international trade environment
in which the United States is able to compete fully
and fairly;
(16) continued United States leadership in the
world economy requires the formulation and imple-
mentation of a trade policy that is delineated and
understood by the rest of the world;
(17) establishing a decisive and unified trade
policy has become a number one priority of the
United States;
(18) enhancing the process of consultation and
advice between the executive branch, the Congress,
and the private sector will assist in developing the
consensus on and support for the trade policy of the
United States;
(19) there is no one single agency or depart-
ment within the executive branch with overall re-
sponsibility for the development, coordination, imple-
mentation, and administration of the United States
trade policy, and the proliferation and division of
agencies within the executive branch have weakened
the overall leadership of the United States in inter-
national trade matters; and
(20) the economic well-being of the American
people will be substantially enhanced through the
creation of the Department of Trade.
DEFINITIONS
SEC. 102. As used in this Act, unless otherwise pro-
vided or indicated by the context—
(1) the term ‘‘Department’’ means the Depart-
ment of Trade;
(2) the term ‘‘Secretary’’ means the Secretary
of Trade;
(3) the term ‘‘function’’ means any duty, obli-
gation, power, authority, responsibility, right, privi-
lege, activity, or program;
(4) the term ‘‘administrative and support func-
tions’’ means legal functions, investigative functions,
budget preparation and analysis functions, adminis-
trative functions, public information functions, and
congressional relations functions carried out by a
Federal agency, and such other support services as
may be determined by the head of such agency;
(5) the term ‘‘executive department’’ has the
meaning given to the term ‘‘Executive department’’
by section 101 of title 5, United States Code;
(6) the term ‘‘Federal agency’’ has the meaning
given to the term ‘‘agency’’ by section 551(1) of
such title; and
(7) the term ‘‘office’’ includes any office, ad-
ministration, agency, institute, unit, organizational
entity, or component thereof.
TITLE II—DEPARTMENT OF TRADE
PART A—ESTABLISHMENT
ESTABLISHMENT OF DEPARTMENT
SEC. 201. (a) There is established an executive de-
partment to be known as the Department of Trade. The
Department shall be administered by a Secretary of
Trade, who shall be appointed by the President, by and
with the advice and consent of the Senate.
(b) The Department of Trade shall be deemed the
successor to the Department of Commerce for all pur-
poses, including protocol.
FUNCTIONS OF THE SECRETARY
SEC. 202. (a) In addition to the functions transferred
to the Secretary by this Act, such other functions as the
President may assign or delegate to the Secretary, and
such other functions as the Secretary may, after the effec-
tive date of this Act, be required to carry out by law, the
Secretary shall—
(1) serve as the principal advisor to the Presi-
dent on international trade policy and advise the
President on the impact of other policies of the
United States Government on international trade;
(2) exercise primary responsibility, with the ad-
vice of the interagency organization established
under section 242 of the Trade Expansion Act of
1962, for developing and implementing international
trade policy, including commodity matters and, to
the extent related to international trade policy, di-
rect investment matters and, in exercising such re-
sponsibility, advance and implement the goals de-
scribed in section 101(1) as the primary mandate of
the Department;
(3) exercise lead responsibility for the conduct
of international trade negotiations, including nego-
tiations relating to commodity matters and, to the
extent that such negotiations are related to inter-
national trade, direct investment negotiations;
(4) exercise lead responsibility for the establish-
ment of a national export strategy, including policies
designed to implement such strategy;
(5) with the advice of the interagency organiza-
tion established under section 242 of the Trade Ex-
pansion Act of 1962, issue policy guidance to other
Federal agencies on international trade, commodity,
and direct investment functions to the extent nec-
essary to assure the coordination of international
trade policy;
(6) seek and promote new opportunities for
United States products and services to compete in
the world marketplace;
(7) assist small businesses in developing export
markets;
(8) support State governments involved in ex-
panding foreign markets for goods and services pro-
duced in such States;
(9) enforce the laws of the United States relat-
ing to trade;
(10) analyze economic trends and developments
in order to understand and foster the conditions that
enhance productivity, growth, and competitiveness;
(11) report directly to the Congress—
(A) on the administration of, and matters
pertaining to, the trade agreements program
under Omnibus Trade and Competitiveness Act
of 1988, the Trade Act of 1974, the Trade Ex-
pansion Act of 1962, and section 350 of the
Tariff Act of 1930; and
(B) with respect to other important issues
pertaining to international trade;
(12) keep each official adviser to the United
States delegations to international conferences,
meetings, and negotiation sessions relating to trade
agreements who is appointed from the Committee on
Finance of the Senate or the Committee on Ways
and Means of the House of Representatives under
section 161 of the Trade Act of 1974 currently in-
formed on United States negotiating objectives with
respect to trade agreements, the status of negotia-
tions in progress with respect to such agreements,
and the nature of any changes in domestic law or
the administration thereof which the Secretary may
recommend to Congress to carry out any trade
agreement;
(13) consult and cooperate with State and local
governments and other interested parties on inter-
national trade matters of interest to such govern-
ments and parties, and to the extent related to inter-
national trade matters, on investment matters, and,
when appropriate, hold informal public hearings;
(14) serve as the principal advisor to the Presi-
dent on government policies designed to contribute
to enhancing the ability of American industry and
services to compete in international markets;
(15) develop recommendations for national
strategies and on specific policies intended to en-
hance the productivity and international competitive-
ness of United States industries;
(16) identify and develop recommendations to
address problems affecting the economic competitive-
ness of the United States;
(17) serve as the principal advisor to the Presi-
dent in identifying and assessing the consequences
of any government policies which adversely affect, or
have the potential to adversely affect, the competi-
tiveness of United States industries and services;
and
(18) promote cooperation between business,
labor, and government to improve industrial per-
formance and the ability of American industries to
compete in international markets and to facilitate
consultation and communication between the govern-
ment and the private sector about domestic indus-
trial performance and prospects as well as the per-
formance and prospects of foreign competitors.
(b) The Secretary shall be the Chairman pro tempore
of the interagency organization established under section
242 of the Trade Expansion Act of 1962.
(c) The Secretary shall be a member of the National
Security Council.
(d) The Secretary shall be Deputy Chairman of the
National Advisory Council on International Monetary and
Financial Policies established under Executive Order
11269, issued February 14, 1966.
(e)(1) The Secretary of Trade shall consult with the
Secretary of Agriculture or the designee of the Secretary
of Agriculture on all matters which potentially involve
international trade in agricultural products.
(2) If an international meeting for negotiation or con-
sultation includes discussion of international trade in agri-
cultural products, the Secretary of Trade or the designee
of such Secretary shall be Chairman of the United States
delegation to such meeting and the Secretary of Agri-
culture or the designee of such Secretary shall be Vice
Chairman. The provisions of this paragraph do not limit
the authority of the Secretary under subsection (g) to as-
sign responsibility for the conduct of, or participation in,
any trade negotiation or meeting to the Secretary of
Agriculture.
(f) The Secretary shall be Chairman of the Trade
Promotion Coordinating Committee established by the
President on May 23, 1990.
(g) Except where expressly prohibited by law, the
Secretary, at the request or with the concurrence of the
head of any other Federal agency, may assign the respon-
sibility for conducting or participating in any specific
international trade negotiation or meeting to the head of
such agency whenever the Secretary determines that the
subject matter of such international trade negotiation is
related to the functions carried out by such agency.
PART B—OFFICES AND BUREAUS
OFFICE OF THE TRADE REPRESENTATIVE
SEC. 211. There is established in the Office of the
Secretary, the Office of the Trade Representative. The
Secretary, through the Office of the Trade Representative,
shall perform all functions (other than administrative and
support functions) transferred to the Secretary by section
231.
BUREAU OF EXPORT PROMOTION
SEC. 212. (a) There is established within the Depart-
ment, the Bureau of Export Promotion. The Bureau of
Export Promotion shall be administered by the Under Sec-
retary of the Bureau of Export Promotion who shall be
appointed by the President, by and with the advice and
consent of the Senate. The Secretary, through the Under
Secretary of the Bureau of Export Promotion, shall per-
form all functions (other than administrative and support
functions) transferred to the Secretary under sections
232(3)(A), 233, 234, and 235. The Bureau of Export Pro-
motion shall be the Government’s lead organization re-
sponsible for implementing and devising United States
trade promotion and financing efforts.
(b)(1) There is established within the Bureau of Ex-
port Promotion the—
(A) United States and Foreign Commercial
Service;
(B) Export-Import Bank of the United States;
and
(C) Overseas Private Investment Corporation.
(2)(A)(i) The United States and Foreign Commercial
Service shall be administered by an Assistant Secretary,
who shall serve as Director General of the United States
and Foreign Commercial Service, and who shall be ap-
pointed by the President, by and with the advice and con-
sent of the Senate.
(ii) There is established the Trade and Development
Agency and the United States Travel and Tourism Admin-
istration within the United States and Foreign Commer-
cial Service. The Trade and Development Agency shall be
administered by a Director and the United States Travel
and Tourism Administration shall be administered by a
Director. Both Directors shall be appointed by the Presi-
dent with the advice and consent of the Senate.
(B) The Export-Import Bank established under para-
graph (1)(A) shall be administered by a President and a
Board of Directors as provided under section 3 of the Ex-
port-Import Bank Act of 1945 (12 U.S.C. 635a) as
amended by section 233 of this Act.
(C) The Overseas Private Investment Corporation es-
tablished under paragraph (1)(C) shall be administered by
a President and a Board of Directors as provided under
section 233 of the Foreign Assistance Act of 1961 (22
U.S.C. 2193) as amended by section 234 of this Act.
BUREAU OF TRADE POLICY AND ANALYSIS
SEC. 213 (a) There is established within the Depart-
ment, the Bureau of Trade Policy and Analysis. The Bu-
reau of Trade Policy and Analysis shall be administered
by the Under Secretary of the Bureau of Trade Policy and
Analysis who shall be appointed by the President, by and
with the advice and consent of the Senate. The Secretary
through the Under Secretary of the Bureau of Trade Pol-
icy and Analysis shall perform all functions (other than
administrative and support functions) transferred to the
Secretary under section 232(3)(B). The Under Secretary
for Trade Policy and Analysis shall advise the Secretary
of Trade on international trade and economic policy and
provide assistance to the Secretary in multilateral and bi-
lateral trade negotiations.
(b)(1) There is established within the Bureau of
Trade Policy and Analysis the—
(A) Office of International Economic Policy;
(B) Office of Business Analysis; and
(C) Office of Economic Analysis.
(2) Each component of the Bureau of Trade Policy
and Analysis established under paragraph (1) (A), (B),
and (C) shall be administered by an Assistant Secretary
who shall be appointed by the President, by and with the
advice and consent of the Senate.
BUREAU OF TRADE ADMINISTRATION
SEC. 214. (a) There is established within the Depart-
ment, the Bureau of Trade Administration. The Bureau
of Trade Administration shall be administered by the
Under Secretary of the Bureau of Trade Administration
who shall be appointed by the President, by and with the
advice and consent of the Senate. The Secretary through
the Under Secretary of the Bureau of Trade Administra-
tion shall perform all functions (other than administrative
and support functions) transferred to the Secretary under
section 232(3)(C). The Bureau of Trade Administration
shall be responsible for overseeing and enforcing all trade
laws and agreements of which the United States is a
party.
(b)(1) There is established within the Bureau of
Trade Administration the—
(A) Export Administration; and
(B) Import Administration.
(2) Each administration established under paragraph
(1) (A) and (B) shall be administered by an Assistant Sec-
retary who shall be appointed by the President, by and
with the consent of the Senate.
PART C—OFFICERS
DEPUTY SECRETARY
SEC. 221. (a) There shall be in the Department a
Deputy Secretary of Trade, who shall be appointed by the
President, by and with the advice and consent of the
Senate.
(b) The Deputy Secretary shall act for and exercise
the functions of the Secretary during the absence or dis-
ability of the Secretary or in the event the office of Sec-
retary becomes vacant. The Deputy Secretary shall act for
and exercise the functions of the Secretary until the ab-
sence or disability of the Secretary no longer exists or a
successor to the Secretary has been appointed by the
President and confirmed by the Senate.
TRADE REPRESENTATIVE
SEC. 222. There shall be in the Department a Trade
Representative, who shall be appointed by the President,
by and with the advice and consent of the Senate. The
Trade Representative shall have the rank and status of
Ambassador and shall represent the United States in all
trade negotiations on behalf of the Secretary of Trade.
UNDER SECRETARIES
SEC. 223. (a) There shall be in the Department three
Under Secretaries of Trade, who shall be appointed by the
President, by and with the advice and consent of the Sen-
ate.
(b) Each Under Secretary of Trade shall perform
such functions as the Secretary may prescribe.
ASSISTANT SECRETARIES
SEC. 224. (a) There shall be in the Department 6
Assistant Secretaries of Trade, who shall be appointed by
the President, by and with the advice and consent of the
Senate.
(b) Each Assistant Secretary of Trade shall perform
such functions as the Secretary may prescribe.
GENERAL COUNSEL
SEC. 225. There shall be in the Department a Gen-
eral Counsel, who shall be appointed by the President, by
and with the advice and consent of the Senate. The Gen-
eral Counsel shall provide legal assistance to the Secretary
concerning the activities, programs, and policies of the
Department.
INSPECTOR GENERAL
SEC. 226. There shall be in the Department an In-
spector General who shall be appointed in accordance with
the Inspector General Act of 1978, as amended by section
271(h) of this Act.
REPRESENTATIVE TO THE GENERAL AGREEMENT ON
TARIFFS AND TRADE
SEC. 227. There shall be in the Department a Perma-
nent Representative to the General Agreement on Tariffs
and Trade, who shall be appointed by the President, by
and with the advice and consent of the Senate, and who
shall have the rank and status of Ambassador Extraor-
dinary and Plenipotentiary.
PART D—TRANSFERS TO THE DEPARTMENT
OFFICE OF THE UNITED STATES TRADE
REPRESENTATIVE
SEC. 231. There are transferred to the Secretary all
functions of the United States Trade Representative and
the Office of the United States Trade Representative in
the Executive Office of the President and all functions of
any officer or employee of such Office.
TRANSFERS FROM THE DEPARTMENT OF COMMERCE
SEC. 232. Except for functions transferred by titles
III, IV, V, and VI, there are transferred to the Sec-
retary—
(1) all functions of the Secretary of Commerce;
(2) all functions of the Department of Com-
merce; and
(3) all functions of, and all functions performed
under the direction of, the following officers and em-
ployees of the Department of Commerce:
(A) the Under Secretary of Commerce for
International Trade, the Director General of
the United States and Foreign Commercial
Services, the Under Secretary of Commerce for
Travel and Tourism and the Assistant Sec-
retary of Commerce for Tourism Marketing;
(B) the Under Secretary of Commerce for
Economic Affairs, the Assistant Secretary of
Commerce for International Economic Policy,
the Assistant Secretary of Commerce for Trade
Development, the Director of the Bureau of
Economic Analysis of the Department of Com-
merce, and the Chief Economist of the Depart-
ment of Commerce; and
(C) the Under Secretary for Export Ad-
ministration of the Department of Commerce
and the Assistant Secretary for Import Admin-
istration of the Department of Commerce.
TRANSFER OF THE EXPORT-IMPORT BANK
SEC. 233. (a)(1) There are transferred to the Sec-
retary all functions of the Secretary of Commerce relating
to the Export-Import Bank of the United States.
(2) The Export-Import Bank of the United States is
transferred to the Department of Trade.
(b) Section 3(b) of the Export-Import Bank Act of
1945 (12 U.S.C. 635a(b)) is amended to read as follows:
‘‘(b) There shall be a President of the Export-Import
Bank of the United States who shall be appointed by the
President, by and with the advice and consent of the Sen-
ate, and shall serve as chief executive officer of the Bank.
There shall be a First Vice President of the Bank, who
shall be appointed by the President of the United States,
by and with the advice and consent of the Senate, who
shall serve as President of the Bank during the absence
or disability of or in the event of a vacancy in the Office
of the President of the Bank, and who shall at other times
perform such functions as the President of the Bank may
from time to time prescribe.’’.
(c) Section 3(c)(1) of the Export-Import Bank Act
of 1945 (12 U.S.C. 635a(c)(1)) is amended to read as
follows:
‘‘(c)(1) There shall be a Board of Directors of the
Bank consisting of the Under Secretary of the Bureau of
Export Promotion of the Department of Trade (who shall
serve as Chairman), the President of the Export-Import
Bank of the United States (who shall serve as Vice Chair-
man), the President of the Overseas Private Investment
Corporation, and the Director General of the United
States and Foreign Commercial Service.’’.
(d) Section 2301(h) of the Omnibus Trade and Com-
petitiveness Act of 1988 (15 U.S.C. 4721(h)) is amended
to read as follows:
‘‘(h) ASSISTANCE TO EXPORT-IMPORT BANK.—The
Commercial Service shall provide, at its district offices in
the United States, such services as the Under Secretary
of Trade for Export Promotion determines necessary to
assist the Export-Import Bank of the United States to
carry out the lending, loan guarantee, insurance, and
other activities of the Bank.’’.
OVERSEAS PRIVATE INVESTMENT CORPORATION
SEC. 234. (a) There are transferred to the Secretary
all functions of the Director of the United States Inter-
national Development Cooperation Agency relating to the
Overseas Private Investment Corporation.
(b) The second and third sentences of section 233(b)
of the Foreign Assistance Act of 1961 (22 U.S.C.
2193(b)) are amended to read as follows: ‘‘The Under Sec-
retary of the Bureau of Export Promotion of the Depart-
ment of Trade shall be the Chairman of the Board. The
Administrator of the Agency for International Develop-
ment, the President of the Overseas Private Investment
Corporation (who shall serve as Vice Chairman), and the
Director General of the United States Foreign and Com-
mercial Service shall serve on the Board.’’.
TRADE AND DEVELOPMENT AGENCY
SEC. 235. There are transferred to the Secretary all
functions of the Director of the United States Inter-
national Development Agency relating to the Trade and
Development Agency. There are transferred to the De-
partment all functions of the Trade and Development Pro-
gram.
BUREAU OF PRIVATE ENTERPRISE
SEC. 236. There are transferred to the United States
and Foreign Commercial Service all functions of the Bu-
reau of Private Enterprise of the Agency for International
Development.
PART E—ADMINISTRATIVE PROVISIONS
PERSONNEL PROVISIONS
SEC. 241. (a) The Secretary may appoint and fix the
compensation of such officers and employees, including in-
vestigators, attorneys, and administrative law judges, as
may be necessary to carry out the functions of the Sec-
retary and the Department. Except as otherwise provided
by law, such officers and employees shall be appointed in
accordance with the civil service laws and their compensa-
tion fixed in accordance with title 5, United States Code.
(b)(1) At the request of the Secretary, the Director
of the Office of Personnel Management shall, under sec-
tion 5108 of title 5, United States Code, provide for the
establishment in a grade level above GS–15 of the General
Service, and in the Senior Executive Service, of a number
of positions in the Department equal to the number of
positions in that grade level which were used primarily for
the performance of functions and offices transferred by
this Act and which were assigned and filled on the day
before the effective date of this Act.
(2) Appointments to positions provided for under this
subsection may be made without regard to the provisions
of section 3324 of title 5, United States Code, if the indi-
vidual appointed in such position is an individual who is
transferred in connection with the transfer of functions
and offices under this Act and, on the day before the effec-
tive date of this Act, holds a position and has duties com-
parable to those of the position to which appointed under
this subsection.
(3) The authority under this subsection with respect
to any position established at a grade level above GS–15
shall terminate when the person first appointed to fill such
position ceases to hold such position.
(4) For purposes of section 414(a)(3)(A) of the Civil
Service Reform Act of 1978, an individual appointed
under this subsection shall be deemed to occupy the same
position as the individual occupied on the day before the
effective date of this Act.
(c) The Secretary may obtain the services of experts
and consultants in accordance with section 3109 of title
5, United States Code, and compensate such experts and
consultants for each day (including traveltime) at rates
not in excess of the maximum rate of pay for a position
at a grade level above GS–15 of the General Schedule
under section 5332 of such title. The Secretary may pay
experts and consultants who are serving away from their
homes or regular place of business travel expenses and per
diem in lieu of subsistence at rates authorized by sections
5702 and 5703 of such title for persons in Government
service employed intermittently.
(d)(1)(A) The Secretary is authorized to accept vol-
untary and uncompensated services without regard to the
provisions of section 1342 of title 31, United States Code,
if such services will not be used to displace Federal em-
ployees employed on a full-time, part-time, or seasonal
basis.
(B) The Secretary is authorized to accept volunteer
service in accordance with the provisions of section 3111
of title 5, United States Code.
(2) The Secretary is authorized to provide for inci-
dental expenses, including but not limited to transpor-
tation, lodging, and subsistence for individuals who pro-
vide voluntary services under subparagraph (A) or (B) of
paragraph (1).
(3) An individual who provides voluntary services
under paragraph (1)(A) shall not be considered a Federal
employee for any purpose other than for purposes of chap-
ter 81 of title 5, United States Code, relating to com-
pensation for work injuries, and chapter 171 of title 28,
United States Code, relating to tort claims.
(e) In order to assure United States representation
in trade matters at a level commensurate with the level
of representation maintained by industrial nations which
are major trade competitors of the United States, the Sec-
retary of State shall classify certain positions at Foreign
Service posts as commercial minister positions and shall
assign members of the Foreign Service performing func-
tions of the Department of Trade, with the concurrence
of the Secretary of Trade, to such positions in nations
which are major trade competitors of the United States.
The Secretary of State shall obtain and use the rec-
ommendations of the Secretary of Trade with respect to
the number of positions to be so classified under this sub-
section.
DELEGATION AND ASSIGNMENT
SEC. 242. Except where otherwise expressly prohib-
ited by law or otherwise provided by this Act, the Sec-
retary may delegate any of the functions transferred to
the Secretary by this Act and any function transferred or
granted to the Secretary after the effective date of this
Act to such officers and employees of the Department as
the Secretary may designate, and may authorize succes-
sive redelegations of such functions as may be necessary
or appropriate. No delegation of functions by the Sec-
retary under this section or under any other provision of
this Act shall relieve the Secretary of responsibility for the
administration of such functions.
SUCCESSION
SEC. 243. (a) Subject to the authority of the Presi-
dent, and except as provided in section 221(b), the Sec-
retary shall prescribe the order by which officers of the
Department who are appointed by the President, by and
with the advice and consent of the Senate, shall act for,
and perform the functions of, the Secretary or any other
officer of the Department appointed by the President, by
and with the advice and consent of the Senate, during the
absence or disability of the Secretary or such other officer,
or in the event of a vacancy in the office of the Secretary
or such other officer.
(b) Notwithstanding any other provision of law, and
unless the President directs otherwise, an individual acting
for the Secretary or another officer of the Department
pursuant to subsection (a) shall continue to serve in that
capacity until the absence or disability of the Secretary
or such other officer no longer exists or a successor to
the Secretary or such other officer has been appointed by
the President and confirmed by the Senate.
REORGANIZATION
SEC. 244. (a) Subject to subsections (b) and (c), the
Secretary is authorized to allocate or reallocate functions
among the officers of the Department, and to establish,
consolidate, alter, or discontinue such organizational
entities in the Department as may be necessary or
appropriate.
(b) Except as provided in subsection (c), the Sec-
retary may establish, consolidate, alter, or discontinue any
organizational entity in the Department or allocate or re-
allocate any function of an officer or employee of the De-
partment upon the expiration of a period of sixty days
after the receipt by the Committee on Finance and the
Committee on Governmental Affairs of the Senate and the
Committee on Government Operations and the Committee
on Ways and Means of the House of Representatives of
notice by the Secretary containing a full and complete
statement of the action proposed to be taken pursuant to
this section and the facts and circumstances relied upon
in support of such proposed action.
RULES
SEC. 245. The Secretary is authorized to prescribe,
in accordance with the provisions of chapters 5 and 6 of
title 5, United States Code, such rules and regulations as
the Secretary determines necessary or appropriate to ad-
minister and manage the functions of the Secretary or the
Department.
WORKING CAPITAL FUND
SEC. 246. (a) The Secretary is authorized to establish
for the Department a working capital fund, to be available
without fiscal year limitation, for expenses necessary for
the maintenance and operation of such common adminis-
trative services as the Secretary shall find to be desirable
in the interest of economy and efficiency, including—
(1) a central supply service for stationery and
other supplies and equipment for which adequate
stocks may be maintained to meet in whole or in
part the requirements of the Department and its
components;
(2) central messenger, mail, and telephone serv-
ice and other communications services;
(3) office space, central services for document
reproduction and for graphics and visual aids;
(4) a central library service; and
(5) such other services as may be approved by
the Director of the Office of Management and
Budget.
(b) The capital of the fund shall consist of any appro-
priations made for the purpose of providing working cap-
ital and the fair and reasonable value of such stocks of
supplies, equipment, and other assets and inventories on
order as the Secretary may transfer to the fund, less the
related liabilities and unpaid obligations. The fund shall
be reimbursed in advance from available funds of agencies
and offices in the Department, or from other sources, for
supplies and services at rates which will approximate the
expense of operation, including the accrual of annual leave
and the depreciation of equipment. The fund shall also be
credited with receipts from sale or exchange of property
and receipts in payment for loss or damage to property
owned by the fund. There shall be covered into the United
States Treasury as miscellaneous receipts any surplus of
the fund (all assets, liabilities, and prior losses considered)
above the amounts transferred or appropriated to estab-
lish and maintain the fund. There shall be transferred to
the fund the stocks of supplies, equipment, other assets,
liabilities, and unpaid obligations relating to those services
which the Secretary determines will be performed.
FUNDS TRANSFER
SEC. 247. The Secretary may, when authorized in an
appropriation Act in any fiscal year, transfer funds from
one appropriation to another within the Department, ex-
cept that no appropriation for any fiscal year shall be ei-
ther increased or decreased by more than 10 per centum
and no such transfer shall result in increasing any such
appropriation above the amount authorized to be appro-
priated therefore.
CONTRACTS, GRANTS, AND COOPERATIVE AGREEMENTS
SEC. 248. (a) Subject to the provisions of the Federal
Property and Administrative Services Act of 1949, the
Secretary may make, enter into, and perform such con-
tracts, leases, cooperative agreements, grants, or other
similar transactions with public agencies, private organiza-
tions, and persons, and make payments (in lump sum or
installments, and by way of advance or reimbursement,
and, in the case of any grant, with necessary adjustments
on account of overpayments and underpayments) as the
Secretary considers necessary or appropriate to carry out
the functions of the Secretary or the Department.
(b) Notwithstanding any other provision of this Act,
the authority to enter into contracts or to make payments
under this title shall be effective only to such extent or
in such amounts as are provided in advance in appropria-
tion Acts. This subsection does not apply with respect to
the authority granted under section 252.
PUBLICATIONS
SEC. 249. Subject to such procedures of the Director
of the Office of Management and Budget may prescribe,
the Secretary may disseminate in the form of reports or
publications such information as the Secretary considers
appropriate.
USE OF FACILITIES
SEC. 250. (a) With their consent, the Secretary, with
or without reimbursement, may use the research, services,
equipment, and facilities of—
(1) an individual;
(2) any public or private nonprofit agency or
organization, including any agency or instrumental-
ity of the United States or of any State, the District
of Columbia, the Commonwealth of Puerto Rico, or
any territory or possession of the United States;
(3) any political subdivision of any State, the
District of Columbia, the Commonwealth of Puerto
Rico, or any territory or possession of the United
States; or
(4) any foreign government,
in carrying out any function of the Secretary or the
Department.
(b) The Secretary, under terms, at rates, and for pe-
riods that the Secretary considers to be in the public inter-
est, may permit the use by public and private agencies,
corporations, associations or other organizations, or by in-
dividuals, of any real property, or any facility, structure
or other improvement thereon, under the custody of the
Secretary. The Secretary may require permittees under
this section to maintain or recondition, at their own ex-
pense, the real property, facilities, structures, and im-
provements used by such permittees.
FIELD OFFICES
SEC. 251. (a) Subject to subsection (b), the Secretary
may establish, alter, consolidate, maintain, or discontinue
State, regional, district, local, or other field offices as the
Secretary finds necessary or appropriate to perform any
function of the Secretary or the Department.
(b) The Secretary may establish, alter, consolidate,
maintain, or discontinue State, regional, district, local, or
other field offices under subsection (a) upon the expiration
of a period of sixty days after the receipt by the Commit-
tee on Finance and the Committee on Governmental Af-
fairs of the Senate and the Committee on Government Op-
erations and the Committee on Ways and Means of the
House of Representatives of notice by the Secretary con-
taining a full and complete statement of the action pro-
posed to be taken pursuant to this section and the facts
and circumstances relied upon in support of such proposed
action.
(c) Within one year after the effective date of this
Act, the Secretary and the Administrator of the Small
Business Administration shall prepare and transmit to the
President and to Congress a joint report containing rec-
ommendations for improving the competitiveness of Unit-
ed States business through—
(1) enhanced cooperation between the Small
Business Administration and the United States and
Foreign Commercial Service;
(2) the utilization of Small Business Adminis-
tration regional offices by the United States and
Foreign Commercial Service;
(3) increased efforts to assist small- and me-
dium-size firms to enter the export market through
the facilities of the United States and Foreign Com-
mercial Service; and
(4) consolidation of the Small Business Admin-
istration within the United States and Foreign Com-
mercial Service or the Department of Trade.
GIFTS AND BEQUESTS
SEC. 252. (a) The Secretary is authorized to accept,
hold, administer, and utilize gifts and bequests of prop-
erty, both real and personal, for the purpose of aiding or
facilitating the work of the Department. Gifts and be-
quests of money and the proceeds from sales of other prop-
erty received as gifts or bequests shall be deposited in the
United States Treasury in a separate fund and shall be
disbursed on order of the Secretary. Property accepted
pursuant to this paragraph, and the proceeds thereof,
shall be used as nearly as possible in accordance with the
terms of the gift or bequest.
(b) For the purpose of Federal income, estate, and
gift taxes, and State taxes, property accepted under sub-
section (a) shall be considered a gift or bequest to or for
use of the United States.
(c) Upon the request of the Secretary, the Secretary
of the Treasury may invest and reinvest in securities of
the United States or in securities guaranteed as to prin-
cipal and interest by the United States any moneys con-
tained in the fund provided for in subsection (a). Income
accruing from such securities, and from any other prop-
erty held by the Secretary pursuant to subsection (a), shall
be deposited to the credit of the fund, and shall be dis-
bursed upon order of the Secretary.
SEAL OF DEPARTMENT
SEC. 253. The Secretary shall cause a seal of office
to be made for the Department of such design as the Sec-
retary shall approve. Judicial notice shall be taken of such
seal.
ANNUAL REPORT
SEC. 254. The Secretary shall, as soon as practicable
after the end of each fiscal year, prepare and transmit
a written report to the President for transmission to the
Congress on the activities of the Department during such
fiscal year.
PROFESSIONAL TRADE SERVICE CORPS
SEC. 255. Within 180 days after the effective date
of this Act, the Secretary shall prepare and transmit to
the President and the Congress a report containing rec-
ommendations for the establishment of a Professional
Trade Service Corps designed to attract and retain highly
qualified, experienced, and motivated professionals to ad-
minister the trade policies and activities of the United
States. The system shall contain provisions for—
(1) the advancement and retention of personnel
on a competitive basis;
(2) the designation of senior positions in such
Federal agencies in order that personnel employed in
such agencies may advance in careers relating to
international trade; and
(3) the transfer of personnel between the sys-
tem and the Foreign Service personnel system in
order that personnel employed in such systems may
be employed in foreign and domestic service.
NATIONAL TRADE DATA BANK
SEC. 256. Within 180 days after the effective date
of this Act, the Secretary shall prepare and transmit to
the President and the Congress a report containing rec-
ommendations for enhancing the Government’s foreign
trade and economic data collection and dissemination ac-
tivities. The report shall include—
(1) recommendations for increasing the capacity
of the National Trade Data Bank established by the
Omnibus Trade and Competitiveness Act of 1988;
(2) findings by the Interagency Trade Data Ad-
visory Committee for expanding the National Trade
Data Bank consistent with the needs of its users;
(3) recommendations on including within the
National Trade Data Bank economic information
collected by United States intelligence agencies; and
(4) suggestions for the overall improvement and
coordination of the United States Government’s
trade and economic data collection and dissemina-
tion activities.
PART F—RELATED AGENCIES
INTERAGENCY TRADE ORGANIZATION
SEC. 261. Section 242(a)(3) of the Trade Expansion
Act of 1962 (19 U.S.C. 1872(a)(3)) is amended to read
as follows:
‘‘(3)(A) The interagency organization estab-
lished under subsection (a) shall be composed of—
‘‘(i) the Secretary of Trade, who shall be
Chairman,
‘‘(ii) the Secretary of Agriculture,
‘‘(iii) the Secretary of the Treasury,
‘‘(iv) the Secretary of Labor,
‘‘(v) the Secretary of State, and
‘‘(vi) the representatives of such other de-
partments and agencies as the Secretary of
Trade shall designate.
‘‘(B) The Secretary of Trade may invite rep-
resentatives from other agencies, as appropriate, to
attend particular meetings if subject matters of spe-
cific functional interest to such agencies are under
consideration. It shall meet at such times and with
respect to such matters as the President or the
Chairman shall direct.’’.
NATIONAL SECURITY COUNCIL
SEC. 262. The fourth paragraph of section 101(a) of
the National Security Act of 1947 (50 U.S.C. 402(a)) is
amended—
(1) by redesignating clauses (5), (6), and (7) as
clauses (6), (7), and (8), respectively; and
(2) by inserting after clause (4) the following
new clause:
‘‘(5) the Secretary of Trade;’’.
INTERNATIONAL MONETARY FUND
SEC. 263. Section 3 of the Bretton Woods Agreement
Act is amended by adding at the end thereof the following
new subsection:
‘‘(e) The United States executive director of the Fund
shall consult with the Secretary of Trade with respect to
matters under consideration by the Fund which relate to
trade.’’.
PART G—CONFORMING PROVISIONS
AMENDMENTS
SEC. 271. (a) Section 19(d)(1) of title 3, United
States Code, is amended by striking out ‘‘Secretary of
Commerce,’’ and inserting in lieu thereof ‘‘Secretary of
Trade,’’.
(b) Section 101 of title 5, United States Code, is
amended by striking out the item relating to the Depart-
ment of Commerce and inserting in lieu thereof the
following:
‘‘The Department of Trade.’’.
(c) Section 5312 of such title is amended—
(1) by striking out the items relating to the
Secretary of Commerce and the United States Trade
Representative; and
(2) by adding at the end thereof the following:
‘‘Secretary of Trade.’’.
(d)(1) Section 2(b) of Reorganization Plan No. 3 of
1979 is amended by striking out paragraph (1) and by
striking out ‘‘(2)’’.
(2) Section 5313 of title 5, United States Code, is
amended by adding at the end thereof the following:
‘‘Deputy Secretary, Department of Trade.’’.
(e) Section 5314 of such title is amended—
(1) by striking out the item relating to the
Under Secretary of Commerce, the Under Secretary
of Commerce for Economic Affairs, and the Under
Secretary of Commerce for Travel and Tourism;
(2) by striking out the item relating to the Dep-
uty United States Trade Representatives; and
(3) by adding at the end thereof the following:
‘‘Under Secretaries of Trade (3).
‘‘Deputy Secretary of Trade.
‘‘Chief Trade Negotiator, Department of Trade.
‘‘Permanent Representative to the General
Agreement on Tariffs and Trade, Department of
Trade.’’.
(f) Section 5315 of such title is amended—
(1) by striking out the item relating to the As-
sistant Secretaries of Commerce;
(2) by striking out the item relating to the Gen-
eral Counsel of the Department of Commerce; and
(3) by adding at the end thereof the following:
‘‘Assistant Secretaries of Trade (6).
‘‘General Counsel, Department of Trade.
‘‘President of the Export-Import Bank of the
United States.
‘‘President of the Overseas Private Investment
Corporation.’’.
(g) Section 5316 of such title is amended—
(1) by striking out the item relating to Commis-
sioner of Patents, Department of Commerce;
(2) by striking out the item relating to the Na-
tional Export Expansion Coordinator, Department
of Commerce;
(3) by striking out the item relating to the Di-
rector, United States Travel Service, Department of
Commerce;
(4) by striking out the item relating to the In-
spector General, Department of Commerce;
(5) by striking out the item relating to the Di-
rector, National Bureau of Standards, Department
of Commerce; and
(6) by adding at the end thereof the following:
‘‘Inspector General, Department of Trade.’’.
(h) The Inspector General Act of 1978 is amended—
(1) in subsection 9(a)(1)—
(A) by striking out subparagraph (B);
(B) by redesignating subparagraphs (C)
through (H) as subparagraphs (B) through (G),
respectively; and
(C) by inserting before subparagraph (I)
the following:
‘‘(H) of the Department of Trade, all functions
of the Inspector General of the Department of Com-
merce and the Office of the Inspector General of the
Department of Commerce relating to the functions
transferred to the Secretary of Trade by section 232
of the Trade Reorganization Act of 1992;’’;
(2) by striking out ‘‘Commerce,’’ each place it
appears in section 11; and
(3) by inserting ‘‘Trade,’’ after ‘‘Interior,’’ each
place it appears in such section.
(i)(1) Chapter 4 of title I of the Trade Act of 1974
is amended to read as follows:
‘‘CHAPTER 4—REPRESENTATION IN
TRADE NEGOTIATIONS
‘‘SEC. 141. FUNCTIONS OF THE SECRETARY OF TRADE.
‘‘The Secretary of Trade shall—
‘‘(1) be the chief representative of the United
States for each trade negotiation under this title or
chapter 1 of title III of this Act, or subtitle A of
title I of the Omnibus Trade and Competitiveness
Act of 1988;
‘‘(2) report directly to the President and the
Congress, and be responsible to the President and
the Congress for the administration of trade agree-
ments programs under this Act, the Omnibus Trade
and Competitiveness Act of 1988, the Trade Expan-
sion Act of 1962, and section 350 of the Tariff Act
of 1930;
‘‘(3) advise the President and Congress with re-
spect to nontariff barriers to international trade,
international commodity agreements, and other mat-
ters which are related to the trade agreements pro-
grams; and
‘‘(4) be responsible for making reports to Con-
gress with respect to the matters set forth in clauses
(1) and (2).’’.
(2) The table of contents in the first section of the
Trade Act of 1974 is amended by striking out the items
relating to chapter 4 and section 141 and inserting in lieu
thereof the following:
‘‘CHAPTER 4—REPRESENTATION IN TRADE NEGOTIATIONS
‘‘Sec. 141. Functions of the Secretary of Trade.’’.
(j) The Foreign Service Act of 1980 is amended by
striking out paragraph (3) of section 202(a) (22 U.S.C.
3922(a)) and inserting in lieu thereof the following:
‘‘(3) The Secretary of Trade may utilize the
Foreign Service personnel system in accordance with
this Act—
‘‘(A) with respect to the personnel per-
forming functions—
‘‘(i) which were transferred to the De-
partment of Commerce from the Depart-
ment of State by Reorganization Plan No.
3 of 1979; and
‘‘(ii) which were subsequently trans-
ferred to the Secretary of Trade by section
232 of the Trade Reorganization Act of
1992; and
‘‘(B) with respect to other personnel of the
Department of Trade to the extent the Presi-
dent determines to be necessary in order to en-
able the Department of Trade to carry out
functions which require service abroad.’’.
(k)(1) Section 201 of the International Travel Act of
1961 (22 U.S.C. 2122) is amended by striking out ‘‘Com-
merce’’ and inserting in lieu thereof ‘‘Trade’’.
(2) Section 202(a)(13) of such Act (22 U.S.C.
2123(a)(13)) is amended by striking out ‘‘Commerce’’ and
inserting in lieu thereof ‘‘Trade’’.
(3) Section 301 of such Act (22 U.S.C. 2124) is
amended to read as follows:
‘‘SEC. 301. All duties and responsibilities of the Sec-
retary under this Act shall be exercised directly by the
Secretary or by the Secretary through the Assistant Sec-
retary of Trade for the United States and Foreign Com-
mercial Service.’’.
(4) Section 302(b)(1) of such Act (22 U.S.C.
2124a(b)(1)) is amended—
(A) by striking out ‘‘Commerce’’ in subpara-
graph (A) and inserting in lieu thereof ‘‘Trade’’;
(B) by striking out ‘‘Under Secretary’’ and in-
serting in lieu thereof ‘‘Assistant Secretary of
Trade’’ in subparagraph (B); and
(C) by striking out subparagraph (D) and in-
serting in lieu thereof the following:
‘‘(D) an individual designated by the Secretary
of Trade from the Department of Trade;’’.
(5) Section 303(f) of such Act (22 U.S.C. 2124b(f))
is amended by striking out ‘‘and shall advise the Assistant
Secretary of Trade for the United States and Foreign
Commercial Service with respect to the preparation of the
marketing plan under section 202(a)(15)’’.
REPEALS
SEC. 272. (a)(1) The first section of the Act entitled
‘‘An Act to establish the Department of Commerce and
Labor’’, approved February 14, 1903 (15 U.S.C. 1501),
is repealed.
(2) The first section of the Act entitled ‘‘An Act to
create a Department of Labor’’, approved March 4, 1913
(15 U.S.C. 1501), is amended by striking out beginning
with ‘‘and the Department of Commerce and Labor’’
through ‘‘accordingly’’.
(b) Subsection (a) of the first section of the Act enti-
tled ‘‘An Act to authorize an Under Secretary of Com-
merce for Economic Affairs’’, approved June 16, 1982 (96
Stat. 115; 15 U.S.C. 1503a), is repealed.
(c) The Act entitled ‘‘An Act to provide for the ap-
pointment of one additional Assistant Secretary of Com-
merce, and for other purposes’’, approved July 15, 1947
(15 U.S.C. 1505), is repealed.
(d) The first sentence of section 304 of the Depart-
ment of Commerce Appropriation Act, 1955 (15 U.S.C.
1506), is repealed.
(e) The Act entitled ‘‘An Act to authorize an addi-
tional Assistant Secretary of Commerce’’, approved Feb-
ruary 16, 1962 (15 U.S.C. 1507), is repealed.
(f) Subsection (a) of section 9 of the Maritime Appro-
priation Authorization Act for Fiscal Year 1978 (15
U.S.C. 1507b), is repealed.
(g)(1) The first section of the Act of March 18, 1904
(33 Stat. 135, chapter 716; 15 U.S.C. 1508), is amended
by striking out the paragraph relating to the Office of the
Solicitor of the Department of Commerce and Labor.
(2) Section 2 of the Act of July 17, 1952 (66 Stat.
758, chapter 932; 15 U.S.C. 1508), is repealed.
(h)(1) Sections 4 and 12 of the Act entitled ‘‘An Act
to Establish the Department of Commerce and Labor’’,
approved February 14, 1903 (15 U.S.C. 1511), are
repealed.
(2) The first section of the Act of August 23, 1912
(37 Stat. 407, chapter 350; 15 U.S.C. 1511), is amended
by striking out the paragraph relating to the Bureau of
Foreign and Domestic Commerce.
(3) The first section of the Act of January 5, 1923
(42 Stat. 1109, chapter 23; 15 U.S.C. 1511), is repealed.
(4) The first section of the Act of May 27, 1936 (49
Stat. 1380, chapter 463; 15 U.S.C. 1511), is repealed.
(i) Section 8 of the Act entitled ‘‘An Act to establish
the Department of Commerce and Labor’’, approved Feb-
ruary 14, 1903 (15 U.S.C. 1519), is repealed.
(j) Title III of the Act entitled ‘‘An Act making ap-
propriations for the Departments of State, Justice, and
Commerce for the fiscal year ending June 30, 1945, and
for other purposes’’, approved June 28, 1944 (15 U.S.C.
1521), is amended by striking out the paragraph relating
to the working capital fund of the Department of
Commerce.
(k) Sections 1, 2, and 3 of Public Law 88–611 (15
U.S.C. 1522, 1523, and 1524) are repealed.
TITLE III—ESTABLISHMENT OF TECHNOLOGY
ADMINISTRATION AS INDEPENDENT AGENCY
PART A—ESTABLISHMENT OF TECHNOLOGY
ADMINISTRATION
SHORT TITLE
SEC. 301. This title may be cited as the ‘‘Technology
Administration Act of 1992’’.
FINDINGS
SEC. 302. The Congress finds that the establishment
of an independent agency for technology programs shall—
(1) provide a focus for technological innovation
for industrial and commercial purposes;
(2) facilitate the development of a single agency
and a unified means for research and development
to enhance the United States competitive position in
the global economy; and
(3) aid in the establishment of a coherent pro-
gram to promote civilian research and development
and the commercialization of new technologies.
DEFINITIONS
SEC. 303. For the purposes of this title—
(1) the term ‘‘Administration’’ means the Tech-
nology Administration established under section 304;
and
(2) the term ‘‘Administrator’’ means the Ad-
ministrator of the Technology Administration.
ESTABLISHMENT
SEC. 304. (a) There is established the Technology
Administration which shall be an independent establish-
ment as defined under section 104 of title 5, United States
Code. The Administration shall be administered by the
Administrator of the Technology Administration who shall
be appointed by the President, by and with the advice and
consent of the Senate. The Administration shall be com-
posed of—
(1) the National Institute of Standards and
Technology established under subsection (c);
(2) the National Technical Information Service
established under subsection (d);
(3) the National Telecommunications Institute
established under subsection (e); and
(4) the Patent and Trademark Office estab-
lished under subsection (f).
(b) There are transferred to the Administration and
the Administrator all functions of the Technology Admin-
istration of the Department of Commerce and the Under
Secretary for Technology and—
(1) all functions performed by the National
Institute of Standards and Technology of the De-
partment of Commerce and the Director of the Na-
tional Institute of Standards and Technology of the
Department of Commerce;
(2) all functions performed by the National
Technical Information Service of the Department of
Commerce and the Director of the National Tech-
nical Information Service of the Department of
Commerce;
(3) all functions performed by the National
Telecommunications and Information Administration
of the Department of Commerce and the Assistant
Secretary for Communications and Information of
the Department of Commerce; and
(4) all functions performed by the Patent and
Trademark Office of the Department of Commerce
and the Assistant Secretary and Commissioner of
Patents and Trademarks of the Department of
Commerce.
(c) There is established in the Administration the
National Institute of Standards and Technology. The Na-
tional Institute of Standards and Technology shall be ad-
ministered by the Director of the National Institute of
Standards and Technology appointed by the President, by
and with the consent of the Senate. The Director shall
perform all functions (other than administrative and sup-
port functions) transferred to the Administrator under
subsection (a)(1).
(d) There is established the National Technical Infor-
mation Service within the Administration. The National
Technical Information Service shall be headed by the Di-
rector of the National Technical Information Service ap-
pointed by the President, by and with the consent of the
Senate. The Director of the National Technical Informa-
tion Service, shall perform all functions (other than ad-
ministrative and support functions) transferred to the Ad-
ministrator under subsection (a)(2).
(e) There is established in the Administration the
National Telecommunications Institute. The National
Telecommunications Institute shall be administered by the
Director of the National Telecommunications Institute ap-
pointed by the President, by and with the consent of the
Senate. The Director shall perform all functions (other
than administrative and support functions) transferred to
the Administrator under subsection (a)(3).
(f) There is established in the Administration the
Patent and Trademark Office. The Patent and Trademark
Office shall be administered by the Commissioner for Pat-
ents and Trademarks appointed by the President, by and
with the advice and consent of the Senate. The Adminis-
trator through the Commissioner for Patents and Trade-
marks, shall perform all functions (other than administra-
tive and support functions) transferred to the Adminis-
trator under subsection (a)(4).
FUNCTIONS OF THE ADMINISTRATOR
SEC. 305. In addition to the functions transferred
under section 304 or functions delegated by the President,
the Administrator shall—
(1) exercise responsibility, through the Steven-
son-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3701 et seq.) and other policies, for the Fed-
eral Government’s role in encouraging technological
innovation for industrial and commercial purposes;
(2) consult and coordinate technology policy
with the Office of Science and Technology Policy of
the Executive Office of the President;
(3) use Federal resources in a manner consist-
ent with the needs and demands of the commercial
marketplace to ensure the competitiveness of United
States industries;
(4) accelerate technology transfer by collecting,
condensing, interpreting, synthesizing, adding value,
and diffusing to industry innovative technology, re-
search advancements, and ideas for technology,
products, and manufacturing processes that are de-
veloped throughout the world;
(5) improve industry manufacturing and com-
mercialization capabilities by creating and maintain-
ing a distributed national network of expertise in
manufacturing skills and commercialization methods;
and
(6) facilitate the transfer of knowledge to start-
up companies and other businesses requesting assist-
ance to strengthen manufacturing skills.
CONFORMING AMENDMENTS
SEC. 306. (a) The provisions of subchapter II of
chapter 53 of title 5, United States Code (as amended by
section 271 of this Act) are further amended—
(1) in section 5313 by adding at the end
thereof:
‘‘Administrator of the Technology Administra-
tion.’’;
(2) in section 5314 by striking out the item re-
lating to the Under Secretary of Commerce for
Technology and adding at the end thereof:
‘‘Director of the National Technical Informa-
tion Service of the Technology Administration.
‘‘Director of the National Telecommunications
Institute of the Technology Administration.
‘‘Commissioner of the Patent and Trademark
Office of the Technology Administration.
‘‘Director of the National Institute of Stand-
ards and Technology of the Technology Administra-
tion.’’; and
(3) in section 5316 by striking out the items re-
lating to the Commissioner of Patents, Department
of Commerce, the Deputy Commissioner of Patents
and Trademarks, the Assistant Commissioner of
Patents, and the Assistant Commissioner for
Trademarks.
(b) The Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3701 et seq.) is amended—
(1) in section 4 by striking out paragraphs (1)
through (3) and inserting in lieu thereof:
‘‘(1) ‘Administration’ means the Technology
Administration.
‘‘(2) ‘Administrator’ means the Administrator
of the Technology Administration.’’;
(2) in section 5—
(A) by striking out subsections (a) and (b);
(B) in subsection (d) by striking out ‘‘sub-
section (c)’’ and inserting in lieu thereof ‘‘sub-
section (a)’’; and
(C) redesignating subsections (c), (d), and
(e) as subsections (a), (b), and (c), respectively;
(3) by striking out ‘‘Office’’ each place it ap-
pears and inserting ‘‘Administration’’ in each such
place;
(4) by striking out ‘‘Secretary’’ each place it
appears and inserting ‘‘Administrator’’ in each such
place;
(5) by striking out ‘‘and the Under Secretary’’
each place it appears; and
(6) by striking out ‘‘Department of Commerce’’
each place it appears and inserting ‘‘Foundation’’ in
each such place.
(c) Section 212 of the National Technical Informa-
tion Act of 1988 (15 U.S.C. 3704b) is amended—
(1) in subsection (a)(1) by striking out ‘‘The
Secretary of Commerce, acting through the Director
of the National Technical Information Service’’ and
inserting in lieu thereof ‘‘The Administrator of the
Technology Administration’’;
(2) in subsection (f)(1) by striking out ‘‘Sec-
retary of Commerce and’’; and
(3) by striking out ‘‘Secretary of Commerce’’
and ‘‘Secretary’’ each place it appears and inserting
‘‘Administrator’’ in each such place.
PART B—ADMINISTRATIVE PROVISIONS
RULES
SEC. 321. In the performance of the functions of the
Administrator and the Administration, the Administrator
is authorized to make, promulgate, issue, rescind, and
amend rules and regulations. The promulgation of such
rules and regulations—
(1) shall be governed by the provisions of chap-
ter 5 of title 5, United States Code; and
(2) shall be after notice and opportunity for full
participation by relevant Federal agencies, State
agencies, local governments, regional organizations,
authorities, councils, and other interested public and
private parties.
DELEGATION
SEC. 322. Except as otherwise provided in this Act,
the Administrator may delegate any function to such offi-
cers and employees of the Administration as the Adminis-
trator may designate, and may authorize such successive
redelegations of such functions in the Administration as
may be necessary or appropriate. No delegation of func-
tions by the Administrator under this section or under any
other provision of this Act shall relieve the Administrator
of responsibility for the administration of such functions.
PERSONNEL AND SERVICES
SEC. 323. (a) In the performance of the functions of
the Administrator and in addition to the officers provided
for by section 304, the Administrator is authorized to ap-
point, transfer, and fix the compensation of such officers
and employees, including attorneys, as may be necessary
to carry out the functions of the Administrator and the
Administration. Except as otherwise provided by law, such
officers and employees shall be appointed in accordance
with the civil service laws and compensated in accordance
with title 5, United States Code.
(b) The Administrator is authorized to obtain the
services of experts and consultants in accordance with sec-
tion 3109 of title 5, United States Code.
(c) The Administrator is authorized to pay transpor-
tation expenses, and per diem in lieu of subsistence ex-
penses, in accordance with chapter 57 of title 5, United
States Code.
(d) The Administrator is authorized to utilize, on a
reimbursable basis, the services of personnel of any Fed-
eral agency.
(e) The Administrator is authorized to appoint such
advisory committees as may be appropriate for purposes
of consultation and advice to the Administration in carry-
ing out the functions of the Administration.
(f)(1)(A) The Administrator is authorized to accept
voluntary and uncompensated services without regard to
the provisions of section 1342 of title 31, United States
Code, if such services will not be used to displace Federal
employees employed on a full-time, part-time, or seasonal
basis.
(B) The Administrator is authorized to accept volun-
teer service in accordance with the provisions of section
3111 of title 5, United States Code.
(2) The Administrator is authorized to provide for
incidental expenses, including but not limited to transpor-
tation, lodging, and subsistence for such volunteers.
(3) An individual who provides voluntary services
under paragraph (1)(A) of this subsection shall not be
considered a Federal employee for any purpose other than
for purposes of chapter 81 of title 5, United States Code,
relating to compensation for work injuries, and chapter
171 of title 28, United States Code, relating to tort claims.
CONTRACTS
SEC. 324. The Administrator is authorized, without
regard to the provisions of section 3324 of title 31, United
States Code, to enter into and perform such contracts,
leases, cooperative agreements, or other transactions as
may be necessary to carry out the functions of the Admin-
istrator and the Administration. The Administrator may
enter into such contracts, leases, agreements, and trans-
actions with any Federal agency or any instrumentality
of the United States, or with any State, territory, or pos-
session, or with any political subdivision thereof, or with
any person, firm, association, corporation, or educational
institution, on such terms and conditions as the Adminis-
trator may consider appropriate. The authority of the Ad-
ministrator to enter into contracts and leases under this
section shall be to such extent or in such amounts as are
provided in appropriation Acts.
USE OF FACILITIES
SEC. 325. With their consent, the Administrator may,
with or without reimbursement, use the services, equip-
ment, personnel, and facilities of Federal agencies and
other public and private agencies, and may cooperate with
other public and private agencies and instrumentalities in
the use of services, equipment, personnel, and facilities.
The head of each Federal agency shall cooperate fully with
the Administrator in making the services, equipment, per-
sonnel, and facilities of the Federal agency available to
the Administrator. The head of a Federal agency is au-
thorized, notwithstanding any other provision of law, to
transfer to or to receive from the Administration, without
reimbursement, supplies and equipment other than admin-
istrative supplies or equipment.
(3) the portion of the cost that will be incurred
in providing such items, information, services, or as-
sistance which may be attributed to benefits for the
general public interest rather than to exclusive bene-
fits for the applicant;
(4) any public service which occurs through the
provision of such items, information, services, or as-
sistance; and
(5) such other factors as the Administrator con-
siders relevant.
(e) In any case in which the Administrator deter-
mines that any person has made a payment which is not
required under this section or has made a payment which
is in excess of the amount required under this section, the
Administrator, upon application or otherwise, may cause
a refund to be made from applicable funds.
ACQUISITION AND MAINTENANCE OF PROPERTY
SEC. 327. (a) The Administrator is authorized—
(1) to acquire (by purchase, lease, condemna-
tion, or otherwise), construct, improve, repair, oper-
ate, and maintain—
(A) laboratories;
(B) research and testing sites and facili-
ties;
(C) quarters and related accommodations
for employees and dependents of employees of
the Administration; and
(D) such other real and personal property
(including patents), or any interest therein
within and outside the continental United
States;
(2) to lease to others such real and personal
property; and
(3) to provide by contract or otherwise for eat-
ing facilities and other necessary facilities for the
welfare of employees of the Administration at its in-
stallations and to purchase and maintain equipment
therefor.
(b) Title to any property or interest therein acquired
pursuant to this section shall be in the United States.
(c) The authority granted by subsection (a) of this
section shall be available only with respect to facilities of
a special purpose nature that cannot readily be reassigned
from similar Federal activities and are not otherwise avail-
able for assignment to the Administration by the Adminis-
trator of General Services.
(d) The authority of the Administrator to enter into
contracts and leases under this section shall be to such
extent or in such amounts as are provided in appropriation
Acts.
FACILITIES AT REMOTE LOCATIONS
SEC. 328. (a) The Administrator is authorized to pro-
vide, construct, or maintain for employees and their de-
pendents stationed at remote locations as necessary and
when not otherwise available at such remote locations—
(1) emergency medical services and supplies;
(2) food and other subsistence supplies;
(3) meeting facilities;
(4) audiovisual equipment, accessories, and sup-
plies for recreation and training;
(5) reimbursement for food, clothing, medicine,
and other supplies furnished by such employees in
emergencies for the temporary relief of distressed
persons;
(6) living and working quarters and facilities;
and
(7) transportation for school-age dependents of
employees to the nearest appropriate educational
facilities.
(b) The furnishing of medical treatment under para-
graph (1) of subsection (a) and the furnishing of services
and supplies under paragraphs (2) and (3) of such sub-
section shall be at prices reflecting reasonable value as de-
termined by the Administrator.
(c) Proceeds derived from reimbursements under this
section shall be deposited in the Treasury and may be
withdrawn by the Administrator to pay directly the cost
of work or services provided under this section, to repay
or make advances to appropriations of funds which do or
will bear all or a part of such cost, or to refund excess
sums when necessary, except that such payments may be
credited to a service or working capital fund otherwise es-
tablished by law, and used under the law governing such
funds if the fund is available for use by the Administrator
for performing the work or services for which payment is
received.
COPYRIGHTS AND PATENTS
SEC. 329. The Administrator is authorized to acquire
any of the following described rights if the property ac-
quired thereby is for use in, or is useful to, the per-
formance of functions of the Administrator or the
Administration:
(1) Copyrights, patents, and applications for
patents, designs, processes, specifications, and data.
(2) Licenses under copyrights, patents, and ap-
plications for patents.
(3) Releases, before an action is brought, for
past infringement of patents of copyrights.
GIFTS AND BEQUESTS
SEC. 330. The Administrator is authorized to accept,
hold, administer and utilize gifts, donations, or bequests
of property, real or personal, tangible or intangible, and
contributions of money for purposes of aiding or facilitat-
ing the work of the Administrator or the Administration.
For the purposes of Federal income, estate, and gift taxes,
and State taxes, property accepted under this subsection
shall be considered a gift or bequest to the United States.
TRANSFERS OF FUNDS FROM OTHER FEDERAL AGENCIES
SEC. 331. The Administrator is authorized to accept
transfers from other Federal agencies of funds which are
available to carry out functions transferred by this Act to
the Administrator or functions assigned by law to the Ad-
ministrator after the date of enactment of this Act.
WORKING CAPITAL FUND
SEC. 332. (a) The Administrator is authorized to es-
tablish for the Administration a working capital fund, to
be available without fiscal year limitation, for expenses
necessary for the maintenance and operation of such com-
mon administrative services as the Administrator shall
find to be desirable in the interest of economy and effi-
ciency, including such services as—
(1) a central supply service for stationery and
other supplies and equipment for which adequate
stocks may be maintained to meet in whole or in
part the requirements of the Administration and its
components;
(2) central messenger, mail, and telephone serv-
ice and other communications service;
(3) office space, central services for document
reproduction and for graphics and visual aids; and
(4) a central library service.
(b) The capital of the fund shall consist of any appro-
priations made for the purpose of providing working cap-
ital and the fair and reasonable value of such stocks of
supplies, equipment, and other assets and inventories on
order as the Administrator may transfer to the fund, less
the related liabilities and unpaid obligations. Such funds
shall be reimbursed in advance from available funds of
agencies and offices in the Administration, or from other
sources, for supplies and services at rates which will ap-
proximate the expense of operation, including the accrual
of annual leave and the depreciation of equipment. The
fund shall also be credited with receipts from sale or ex-
change of property and receipts in payment for loss or
damage to property owned by the fund. There shall be cov-
ered into the United States Treasury as miscellaneous re-
ceipts any surplus of the fund (all assets, liabilities, and
prior losses considered) above the amounts transferred or
appropriated to establish and maintain such fund. There
shall be transferred to the fund the stocks of supplies,
equipment, other assets, liabilities, and unpaid obligations
relating to those services which the Administrator deter-
mines will be performed.
SEAL OF ADMINISTRATION
SEC. 333. The Administrator shall cause a seal of
office to be made for the Administration of such design
as the Administrator shall approve. Judicial notice shall
be taken of such seal.
ANNUAL REPORT
SEC. 334. (a) As soon as is practicable after the close
of each fiscal year, the Administrator shall submit to the
President a report on the activities of the Administration
during the preceding fiscal year. The President shall
transmit each such report to the Speaker of the House
of Representatives and the President pro tempore of the
Senate not later than December 31 of each year.
(b) Each Federal agency shall, without charge, pro-
vide the Administrator with such data and information as
the Administrator may request to carry out this section.
Each Federal agency shall, on a cost reimbursable basis,
provide the Administrator with such services and person-
nel as the Administrator may request to carry out this
section.
(c)(1) The Administrator is authorized to include in
the report required by subsection (a) for each fiscal year
a report on any program or activity carried out by the
Administrator during such fiscal year.
(2) Notwithstanding any other provision of law, the
inclusion by the Administrator in the report required by
subsection (a) for any fiscal year of a report on any pro-
gram or activity carried out by the Administrator during
such fiscal year shall be considered compliance with any
requirement established by law or regulation that the Ad-
ministrator prepare a report with respect to the adminis-
tration of such program or activity during all or part of
such fiscal year. If the Administrator includes in the re-
port required under subsection (a) for any fiscal year a
report on any program or activity, the Administrator shall
include in such report all items required to be included
in the report with respect to such program or activity re-
quired to be prepared by law or regulation.
STATUS OF ADMINISTRATION UNDER CERTAIN LAWS
SEC. 335. For purposes of section 552b of title 5,
United States Code, the Administration is an agency. For
purposes of chapter 9 of such title, the Administration is
an independent regulatory agency.
TITLE IV—ESTABLISHMENT OF NATIONAL OCE-
ANIC AND ATMOSPHERIC ADMINISTRATION
AS AN INDEPENDENT AGENCY
PART A—ESTABLISHMENT OF ADMINISTRATION
SHORT TITLE
SEC. 401. This title may be cited as the ‘‘National
Oceanic and Atmospheric Administration Act of 1993’’.
FINDINGS
SEC. 402. The Congress finds that the establishment
of an independent agency for ocean, coastal, and atmos-
pheric programs will—
(1) provide a focus for ocean, coastal, and at-
mospheric activities;
(2) facilitate the development of a single agency
and a unified means for research concerning ocean,
coastal, and atmospheric programs; and
(3) aid in the establishment of a coherent pro-
gram to promote understanding, assessment, devel-
opment, management, conservation, and protection
of ocean, coastal, and atmospheric environments.
DEFINITIONS
SEC. 403. For the purposes of this title—
(1) the term ‘‘Administration’’ means the Na-
tional Oceanic and Atmospheric Administration es-
tablished under section 404; and
(2) the term ‘‘Administrator’’ means the Ad-
ministrator of the National Oceanic and Atmos-
pheric Administration.
ESTABLISHMENT
SEC. 404. There is established as an independent es-
tablishment of the Government the National Oceanic and
Atmospheric Administration. The Administration shall
succeed the National Oceanic and Atmospheric Adminis-
tration of the Department of Commerce in existence on
the day before the effective date of this Act.
OFFICERS
SEC. 405. (a) The Administration shall be adminis-
tered by an Administrator, who shall be appointed by the
President, by and with the advice and consent of the Sen-
ate. The Administrator shall carry out all functions trans-
ferred to the Administrator by this Act and shall have au-
thority and control over all personnel, programs, and ac-
tivities of the Administration.
(b) There shall be in the Administration a Deputy
Administrator, who shall be appointed by the President,
by and with the advice and consent of the Senate. The
Deputy Administrator shall perform such functions as the
Administrator shall prescribe. The Deputy Administrator
shall act for and perform the functions of the Adminis-
trator during the absence or disability of the Adminis-
trator, or in the event of a vacancy in the office of the
Administrator.
(c) There shall be in the Administration an Associate
Administrator, who shall be appointed by the President,
by and with the advice and consent of the Senate. The
Associate Administrator shall perform such functions as
the Administrator shall prescribe. The Associate Adminis-
trator shall act for and perform the functions of the Ad-
ministrator during the absence or disability of the Admin-
istrator and the Deputy Administrator or in the event of
a vacancy in both of those offices.
(d) There shall be in the Administration not less than
five and not more than seven Assistant Administrators,
who shall be appointed by the President, by and with the
advice and consent of the Senate. The Assistant Adminis-
trators shall perform such functions as the Administrator
shall prescribe. The Administrator shall designate the
order in which the Assistant Administrators shall act for
and perform the functions of the Administrator during the
absence or disability of the Administrator, the Deputy Ad-
ministrator, and the Associate Administrator, or in the
event of vacancies in all of those offices.
(e) There shall be in the Administration a General
Counsel, who shall be appointed by the President, by and
with the advice and consent of the Senate. The General
in accordance with functions prescribed by law or by the
Administrator.
TRANSFER
OF
THE
NATIONAL
OCEANIC
AND
ATMOS-
PHERIC ADMINISTRATION FROM THE DEPARTMENT
OF COMMERCE
SEC. 406. (a)(1) The National Oceanic and Atmos-
pheric Administration of the Department of Commerce is
transferred to the Administration.
(2) All functions of the Secretary of Commerce or the
Department of Commerce with respect to or being admin-
istered through the National Oceanic and Atmospheric
Administration of the Department of Commerce or the
Administrator of such Administration on the day before
the effective date of this Act are transferred to the Admin-
istrator appointed under section 405(a).
(3) All functions of the National Oceanic and Atmos-
pheric Administration of the Department of Commerce or
the Administrator of such Administration are transferred
to the Administrator appointed under section 405(a).
PART B—ADMINISTRATIVE PROVISIONS
RULES
SEC. 411. In the performance of the functions of the
Administrator and the Administration, the Administrator
is authorized to make, promulgate, issue, rescind, and
amend rules and regulations. The promulgation of such
rules and regulations—
(1) shall be governed by the provisions of chap-
ter 5 of title 5, United States Code; and
(2) shall be after notice and opportunity for full
participation by relevant Federal agencies, State
agencies, local governments, regional organizations,
authorities, councils, and other interested public and
private parties.
DELEGATION
SEC. 412. Except as otherwise provided in this Act,
the Administrator may delegate any function to such offi-
cers and employees of the Administration as the Adminis-
trator may designate, and may authorize such successive
redelegations of such functions in the Administration as
may be necessary or appropriate. No delegation of func-
tions by the Administrator under this section or under any
other provision of this Act shall relieve the Administrator
of responsibility for the administration of such functions.
PERSONNEL AND SERVICES
SEC. 413. (a) In the performance of the functions of
the Administrator and in addition to the officers provided
for by section 305, the Administrator is authorized to ap-
point, transfer, and fix the compensation of such officers
and employees, including attorneys, as may be necessary
to carry out the functions of the Administrator and the
Administration. Except as otherwise provided by law, such
officers and employees shall be appointed in accordance
with the civil service laws and compensated in accordance
with title 5, United States Code.
(b) The Administrator is authorized to obtain the
services of experts and consultants in accordance with sec-
tion 3109 of title 5, United States Code.
(c) The Administrator is authorized to pay transpor-
tation expenses, and per diem in lieu of subsistence ex-
penses, in accordance with chapter 57 of title 5, United
States Code.
(d) The Administrator is authorized to utilize, on a
reimbursable basis, the services of personnel of any Fed-
eral agency. With the approval of the President, the Ad-
ministrator is authorized to enter into cooperative agree-
ments under which members of the Army, Navy, Air
Force, and Marine Corps may be detailed by the Secretary
of the Army, the Navy, or the Air Force, as the case may
be, to assist the Administrator in carrying out the func-
tions of the Administrator. Members of the Army, Navy,
Air Force, or Marine Corps detailed to carry out functions
under this section shall carry out such functions to the
same extent as that to which such members might be law-
fully assigned in the Department of Defense.
(e) The Administrator is authorized to appoint such
advisory committees as may be appropriate for purposes
of consultation and advice to the Administration in carry-
ing out the functions of the Administration.
(f)(1)(A) The Administrator is authorized to accept
voluntary and uncompensated services without regard to
the provisions of section 1342 of title 31, United States
Code, if such services will not be used to displace Federal
employees employed on a full-time, part-time, or seasonal
basis.
(B) The Administrator is authorized to accept volun-
teer service in accordance with the provisions of section
3111 of title 5, United States Code.
(2) The Administrator is authorized to provide for
incidental expenses, including but not limited to transpor-
tation, lodging, and subsistence for such volunteers.
(3) An individual who provides voluntary services
under paragraph (1)(A) of this subsection shall not be
considered a Federal employee for any purpose other than
for purposes of chapter 81 of title 5, United States Code,
relating to compensation for work injuries, and chapter
171 of title 28, United States Code, relating to tort claims.
CONTRACTS
SEC. 414. The Administrator is authorized, without
regard to the provisions of section 3324 of title 31, United
States Code, to enter into and perform such contracts,
leases, cooperative agreements, or other transactions as
may be necessary to carry out the functions of the Admin-
istrator and the Administration. The Administrator may
enter into such contracts, leases, agreements, and trans-
actions with any Federal agency or any instrumentality
of the United States, or with any State, territory, or pos-
session, or with any political subdivision thereof, or with
any person, firm, association, corporation, or educational
institution, on such terms and conditions as the Adminis-
trator may consider appropriate. The authority of the Ad-
ministrator to enter into contracts and leases under this
section shall be to such extent or in such amounts as are
provided in appropriation Acts.
USE OF FACILITIES
SEC. 415. With their consent, the Administrator may,
with or without reimbursement, use the services, equip-
ment, personnel, and facilities of Federal agencies and
other public and private agencies, and may cooperate with
other public and private agencies and instrumentalities in
the use of services, equipment, personnel, and facilities.
The head of each Federal agency shall cooperate fully with
the Administrator in making the services, equipment, per-
sonnel, and facilities of the Federal agency available to
the Administrator. The head of a Federal agency is au-
thorized, notwithstanding any other provision of law, to
transfer to or to receive from the Administration, without
reimbursement, supplies and equipment other than admin-
istrative supplies or equipment.
SERVICE CHARGES
SEC. 416. (a) Notwithstanding any other provision
of law, the Administrator may establish reasonable fees
and commissions with respect to applications, documents,
awards, loans, grants, research data, services, and assist-
ance and may change and abolish such fees and commis-
sions. Prior to establishing, changing, or abolishing any
schedule of fees or commissions under this section, the Ad-
ministrator may submit such schedule to the Congress.
(b) The Administrator is authorized to require a de-
posit before the Administrator provides any item, informa-
tion, service, or assistance for which a fee or commission
is required under this section.
(c) Moneys received under this section shall be depos-
ited with the Treasury in a special account for use by the
Administrator and are authorized to be appropriated and
made available until expended.
(d) In establishing reasonable fees or commissions
under this section, the Administrator may take into con-
sideration—
(1) the actual costs which will be incurred in
providing items, information, services, or assistance;
(2) the efficiency of the Government in provid-
ing such items, information, services, or assistance;
(3) the portion of the cost that will be incurred
in providing such items, information, services, or as-
sistance which may be attributed to benefits for the
general public interest rather than to exclusive bene-
fits for the applicant;
(4) any public service which occurs through the
provision of such items, information, services, or as-
sistance; and
(5) such other factors as the Administrator con-
siders relevant.
(e) In any case in which the Administrator deter-
mines that any person has made a payment which is not
required under this section or has made a payment which
is in excess of the amount required under this section, the
Administrator, upon application or otherwise, may cause
a refund to be made from applicable funds.
ACQUISITION AND MAINTENANCE OF PROPERTY
SEC. 417. (a) The Administrator is authorized—
(1) to acquire (by purchase, lease, condemna-
tion, or otherwise) construct, improve, repair, oper-
ate, and maintain—
(A) laboratories;
(B) research and testing sites and facili-
ties;
extent or in such amounts as are provided in appropriation
Acts.
FACILITIES AT REMOTE LOCATIONS
SEC. 418. (a) The Administrator is authorized to pro-
vide, construct, or maintain for employees and their de-
pendents stationed at remote locations as necessary and
when not otherwise available at such remote locations—
(1) emergency medical services and supplies;
(2) food and other subsistence supplies;
(3) meeting facilities;
(4) audiovisual equipment, accessories, and sup-
plies for recreation and training;
(5) reimbursement for food, clothing, medicine,
and other supplies furnished by such employees in
emergencies for the temporary relief of distressed
persons;
(6) living and working quarters and facilities;
and
(7) transportation for school-age dependents of
employees to the nearest appropriate educational
facilities.
(b) The furnishing of medical treatment under para-
graph (1) of subsection (a) and the furnishing of services
and supplies under paragraphs (2) and (3) of such sub-
section shall be at prices reflecting reasonable value as de-
termined by the Administrator.
(c) Proceeds derived from reimbursements under this
section shall be deposited in the Treasury and may be
withdrawn by the Administrator to pay directly the cost
of work or services provided under this section, to repay
or make advances to appropriations of funds which do or
will bear all or a part of such cost, or to refund excess
sums when necessary, except that such payments may be
credited to a service or working capital fund otherwise es-
tablished by law, and used under the law governing such
funds if the fund is available for use by the Administrator
for performing the work or services for which payment is
received.
COPYRIGHTS AND PATENTS
SEC. 419. The Administrator is authorized to acquire
any of the following described rights if the property ac-
quired thereby is for use in, or is useful to, the per-
formance of functions of the Administrator or the
Administration:
(1) Copyrights, patents, and applications for
patents, designs, processes, specifications, and data.
(2) Licenses under copyrights, patents, and ap-
plications for patents.
(3) Releases, before an action is brought, for
past infringement of patents of copyrights.
GIFTS AND BEQUESTS
SEC. 420. The Administrator is authorized to accept,
hold, administer and utilize gifts, donations, or bequests
of property, real or personal, tangible or intangible, and
contributions of money for purposes of aiding or facilitat-
ing the work of the Administrator or the Administration.
For the purposes of Federal income, estate, and gift taxes,
and State taxes, property accepted under this subsection
shall be considered a gift or bequest to the United States.
TRANSFERS OF FUNDS FROM OTHER FEDERAL AGENCIES
SEC. 421. The Administrator is authorized to accept
transfers from other Federal agencies of funds which are
available to carry out functions transferred by this Act to
the Administrator or functions assigned by law to the Ad-
ministrator after the date of enactment of this Act.
WORKING CAPITAL FUND
SEC. 422. (a) The Administrator is authorized to es-
tablish for the Administration a working capital fund, to
be available without fiscal year limitation, for expenses
necessary for the maintenance and operation of such com-
mon administrative services as the Administrator shall
find to be desirable in the interest of economy and effi-
ciency, including such services as—
(1) a central supply service for stationery and
other supplies and equipment for which adequate
stocks may be maintained to meet in whole or in
part the requirements of the Administration and its
components;
(2) central messenger, mail, and telephone serv-
ice and other communications service;
(3) office space, central services for document
reproduction and for graphics and visual aids; and
(4) a central library service.
(b) The capital of the fund shall consist of any appro-
priations made for the purpose of providing working cap-
ital and the fair and reasonable value of such stocks of
supplies, equipment, and other assets and inventories on
order as the Administrator may transfer to the fund, less
the related liabilities and unpaid obligations. Such funds
shall be reimbursed in advance from available funds of
agencies and offices in the Administration, or from other
sources, for supplies and services at rates which will ap-
proximate the expense of operation, including the accrual
of annual leave and the depreciation of equipment. The
fund shall also be credited with receipts from sale or ex-
change of property and receipts in payment for loss or
damage to property owned by the fund. There shall be cov-
ered into the United States Treasury as miscellaneous re-
ceipts any surplus of the fund (all assets, liabilities, and
prior losses considered) above the amounts transferred or
appropriated to establish and maintain such fund. There
shall be transferred to the fund the stocks of supplies,
equipment, other assets, liabilities, and unpaid obligations
relating to those services which the Administrator deter-
mines will be performed.
SEAL OF ADMINISTRATION
SEC. 423. The Administrator shall cause a seal of
office to be made for the Administration of such design
as the Administrator shall approve. Judicial notice shall
be taken of such seal.
ANNUAL REPORT
SEC. 424. (a) As soon as is practicable after the close
of each fiscal year, the Administrator shall submit to the
President a report on the activities of the Administration
during the preceding fiscal year. The President shall
transmit each such report to the Speaker of the House
of Representatives and the President pro tempore of the
Senate not later than December 31 of each year.
(b) Each Federal agency shall, without charge, pro-
vide the Administrator with such data and information as
the Administrator may request to carry out this section.
Each Federal agency shall, on a cost reimbursable basis,
provide the Administrator with such services and person-
nel as the Administrator may request to carry out this
section.
(c)(1) The Administrator is authorized to include in
the report required by subsection (a) for each fiscal year
a report on any program or activity carried out by the
Administrator during such fiscal year.
(2) Notwithstanding any other provision of law, the
inclusion by the Administrator in the report required by
subsection (a) for any fiscal year of a report on any pro-
gram or activity carried out by the Administrator during
such fiscal year shall be considered compliance with any
requirement established by law or regulation that the Ad-
ministrator prepare a report with respect to the adminis-
tration of such program or activity during all or part of
such fiscal year. If the Administrator includes in the re-
port required under subsection (a) for any fiscal year a
report on any program or activity, the Administrator shall
include in such report all items required to be included
in the report with respect to such program or activity re-
quired to be prepared by law or regulation.
STATUS OF ADMINISTRATION UNDER CERTAIN LAWS
SEC. 425. For purposes of section 552b of title 5,
United States Code, the Administration is an agency. For
purposes of chapter 9 of such title, the Administration is
an independent regulatory agency.
SALARY OF ASSISTANT ADMINISTRATORS
SEC. 426. Section 5316 of title 5, United States Code
(as amended by section 271(g) of this Act), is further
amended—