1596
(c) REPORTS.—Not later than 18 months after the
date of the enactment of this Act, the Secretary of Labor,
after consultation with the Director of the Office of Man-
agement and Budget, shall submit to the Congress a writ-
ten report on—
(1) the availability of any private sector re-
sources that may be capable of performing any or all
of the functions of the Bureau of Economic Analy-
sis, and the feasibility of having any such functions
so performed; and
(2) the feasibility of implementing a system
under which fees may be assessed by the Bureau of
Economic Analysis in order to defray the costs of
any services performed by the Bureau of Economic
Analysis, when such services are performed other
than on behalf of the Federal Government or an
agency or instrumentality thereof.
(d) RULE OF CONSTRUCTION.—For purposes of sub-
title E, the reorganization of the Bureau of Economic
Analysis under this section shall be treated as if it involved
a transfer of functions.
(e) LIMITATION ON ANNUAL OBLIGATIONS AND EX-
PENDITURES FOR CONTINUED FUNCTIONS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), for each fiscal year that begins on or
1597
after the effective date of this section, the total of
amounts obligated or expended by the United States
each fiscal year for performance of functions which
immediately before the date of the enactment of this
Act were authorized to be performed by the Sec-
retary of Commerce with respect to the Bureau of
Economic Analysis, or by or an agency, officer, or
employee of the Department of Commerce with re-
spect to that bureau, may not exceed 75 percent of
the total of amounts obligated or expended by the
United States for performance of such functions for
fiscal year 1995.
(2) EXCEPTION.—Paragraph (1) shall not
apply to obligations or expenditures incurred as a di-
rect consequence of the termination, transfer, or
other disposition of funtions pursuant to this sec-
tion.
(3) RULE OF CONSTRUCTION.—This subsection
shall take precedence over any other provision of law
unless such provision explicitly refers to this section
and makes an exception to it.
(4) RESPONSIBILITIES OF THE DIRECTOR OF
THE OFFICE OF MANAGEMENT AND BUDGET.—The
Director of the Office of Management and Budget
shall—
1598
(A) ensure compliance with the require-
ments of this subsection; and
(B) include in each report under sections
17106(a) and (b) a description of actions taken
to comply with such requirements.
SEC. 17205. TERMINATED FUNCTIONS OF NTIA.
(a) REPEALS.—The following provisions of law are
repealed:
(1) Subpart A of part IV of title III of the
Communications Act of 1934 (47 U.S.C. 390 et
seq.), relating to assistance for public telecommuni-
cations facilities.
(2) Subpart B of part IV of title III of the
Communications Act of 1934 (47 U.S.C. 394 et
seq.), relating to the Endowment for Children’s
Educational Television.
(3) Subpart C of part IV of title III of the
Communications Act of 1934 (47 U.S.C. 395 et
seq.), relating to Telecommunications Demonstration
grants.
(b) DISPOSAL OF NTIA LABORATORIES.—
(1) PRIVATIZATION.—All laboratories of the
National Telecommunications and Information Ad-
ministration are transferred to the Director of the
1599
Office of Management and Budget for privatization
in accordance with section 17109.
(2) TRANSFER OF FUNCTIONS.—The functions
of the National Telecommunications and Informa-
tion Administration concerning research and analy-
sis of the electromagnetic spectrum described in sec-
tion 5112(b) of the Omnibus Trade and Competi-
tiveness Act of 1988 (15 U.S.C. 1532) are trans-
ferred to the Director of the National Bureau of
Standards.
(c) TRANSFER OF NATIONAL TELECOMMUNICATIONS
AND INFORMATION ADMINISTRATION FUNCTIONS.—
(1) TRANSFER TO USTR.—Except as provided
in subsection (b)(2), the functions of the National
Telecommunications and Information Administra-
tion, and of the Secretary of Commerce and the As-
sistant Secretary for Communications and Informa-
tion of the Department of Commerce with respect to
the National Telecommunications and Information
Administration, are transferred to the United States
Trade Representative.
(2) REFERENCES.—References in any provision
of law (including the National Telecommunications
and Information Administration Organization Act)
to the Secretary of Commerce or the Assistant Sec-
1600
retary for Communications and Information of the
Department of Commerce—
(A) with respect to a function vested pur-
suant to this section in the United States Trade
Representative shall be deemed to refer to the
United States Trade Representative; and
(B) with respect to a function vested pur-
suant to this section in the Director of the Na-
tional Bureau of Standards shall be deemed to
refer to the Director of the National Bureau of
Standards.
(3) TERMINATION OF NTIA.—Effective on the
abolishment date specified in section 17101(c), the
National Telecommunications and Information Ad-
ministration is abolished.
SEC. 17206. NATIONAL OCEANIC AND ATMOSPHERIC AD-
MINISTRATION.
(a) TERMINATION OF MISCELLANEOUS RESEARCH
PROGRAMS AND ACCOUNTS.—
(1) IN
GENERAL.—No funds may be appro-
priated in any fiscal year for the following programs
and accounts of the National Oceanic and Atmos-
pheric Administration:
(A) The National Undersea Research Pro-
gram.
1601
(B) The Fleet Modernization Program.
(C) The Charleston, South Carolina, Spe-
cial Management Plan.
(D) Chesapeake Bay Observation Buoys
(as of September 30, 1996).
(E) Federal/State Weather Modification
Grants.
(F) The Southeast Storm Research Ac-
count.
(G) The Southeast United States Carib-
bean Fisheries Oceanographic Coordinated In-
vestigations Program.
(H) National Institute for Environmental
Renewal.
(I) The Lake Champlain Study.
(J) The Maine Marine Research Center.
(K) The South Carolina Cooperative Geo-
detic Survey Account.
(L) Pacific Island Technical Assistance.
(M) Sea Grant Oyster Disease Account.
(N) Sea Grant Zebra Mussel Account.
(O) VENTS program.
(P) National Weather Service non-Federal,
non-wildfire Weather Service.
1602
(Q) National Weather Service Regional
Climate Centers.
(R) National Weather Service Samoa
Weather Forecast Office Repair and Upgrade
Account.
(S) Dissemination of Weather Charts (Ma-
rine Facsimile Service).
(T) The Climate and Global Change Ac-
count.
(U) The Global Learning and Observations
to Benefit the Environment Program.
(V) Great Lakes nearshore research.
(W) Mussel watch.
(2) REPEALS.—The following provisions of law
are repealed:
(A) The Ocean Thermal Conversion Act of
1980 (42 U.S.C. 9101 et seq.).
(B) Title IV of the Marine Protection, Re-
search, and Sanctuaries Act of 1972 (16 U.S.C.
1447 et seq.).
(C) Title V of the Marine Protection, Re-
search, and Sanctuaries Act of 1972 (33 U.S.C.
2801 et seq.).
(D) The Great Lakes Shoreline Mapping
Act of 1987 (33 U.S.C. 883a note).
1604
(M) Public Law 86–359 (16 U.S.C. 760e
et seq.), relating to the study of migratory ma-
rine gamefish.
(N) The Act of August 15, 1914 (Chapter
253; 38 Stat. 692; 16 U.S.C. 781 et seq.), pro-
hibiting the taking of sponges in the Gulf of
Mexico and the Straits of Florida.
(b) AERONAUTICAL MAPPING AND CHARTING.—
(1) IN
GENERAL.—The aeronautical mapping
and charting functions of the National Oceanic and
Atmospheric Administration are transferred to the
Defense Mapping Agency.
(2) TERMINATION OF CERTAIN FUNCTIONS.—
The Defense Mapping Agency shall terminate any
functions transferred under paragraph (1) that are
performed by the private sector.
(3) FUNCTIONS REQUESTED BY FEDERAL AVIA-
TION ADMINISTRATION.—(A) Notwithstanding para-
graph (2), the Director of the Defense Mapping
Agency shall carry out such aeronautical charting
functions as may be requested by the Administrator
of the Federal Aviation Administration.
(B) In carrying out aeronautical mapping func-
tions requested by the Administrator under subpara-
graph (A), the Director shall—
1605
(i) publish and distribute to the public and
to the Administrator any aeronautical charts re-
quested by the Administrator; and
(ii) provide to the Administrator such
other air traffic control products and services as
may be requested by the Administrator,
in such manner and including such information as
the Administrator determines is necessary for, or
will promote, the safe and efficient movement of air-
craft in air commerce.
(4) CONTINUING APPLICABILITY.—The require-
ments of section 1307 of title 44, United States
Code, shall continue to apply with respect to all
aeronautical products created or published by the
Director of the Defense Mapping Agency in carrying
out the functions transferred to the Director under
this paragraph; except that the prices for such prod-
ucts shall be established jointly by the Director and
the Secretary of Transportation on an annual basis.
(c) TRANSFER OF MAPPING, CHARTING, AND GEOD-
ESY FUNCTIONS TO THE UNITED STATES GEOLOGICAL
SURVEY.—
(1) IN GENERAL.—Except as provided in sub-
section (b), there are hereby transferred to the Di-
rector of the United States Geological Survey the
1606
functions relating to mapping, charting, and geodesy
authorized under the Act of August 7, 1947 (61
Stat. 787; 33 U.S.C. 883a).
(2) TERMINATION OF CERTAIN FUNCTIONS.—
The Director of the United States Geological Survey
shall terminate any functions transferred under
paragraph (1) that are performed by the private sec-
tor.
(d) NESDIS.—There are transferred to the National
Institute for Science and Technology all functions and as-
sets of the National Oceanic and Atmospheric Administra-
tion that on the date immediately before the effective date
of this section were authorized to be performed by the Na-
tional Environmental Satellite, Data, and Information
System.
(e) OAR.—There are transferred to the National In-
stitute for Science and Technology all functions and assets
of the National Oceanic and Atmospheric Administration
(including global programs) that on the date immediately
before the effective date of this section were authorized
to be performed by the Office of Oceanic and Atmospheric
Research.
(f) NWS.—
(1) IN GENERAL.—There are transferred to the
National Institute for Science and Technology all
1607
functions and assets of the National Oceanic and At-
mospheric Administration that on the date imme-
diately before the effective date of this section were
authorized to be performed by the National Weather
Service.
(2) DUTIES.—To protect life and property and
enhance the national economy, the Administrator of
Science and Technology, through the National
Weather Service, except as outlined in paragraph
(3), shall be responsible for the following:
(A) Forecasts. The Administrator of
Science and Technology, through the National
Weather Service, shall serve as the sole official
source of severe weather warnings.
(B) Issuance of storm warnings.
(C) The collection, exchange, and distribu-
tion of meteorological, hydrological, climatic,
and oceanographic data and information.
(D) The preparation of hydro-meteorologi-
cal guidance and core forecast information.
(3) LIMITATIONS ON COMPETITION.—The Na-
tional Weather Service may not compete, or assist
other entities to compete, with the private sector to
provide a service when that service is currently pro-
1608
vided or can be provided by a commercial enterprise
unless—
(A) the Administrator of Science and
Technology finds that the private sector is un-
willing or unable to provide the service; or
(B) the Administrator of Science and
Technology finds that the service provides vital
weather warnings and forecasts for the protec-
tion of lives and property of the general public.
(4) ORGANIC ACT AMENDMENTS.—
(A) AMENDMENTS.—The Act of 1890 is
amended—
(i) by striking section 3 (15 U.S.C.
313); and
(ii) in section 9 (15 U.S.C. 317), by
striking ‘‘Department of’’ and all that fol-
lows thereafter and inserting ‘‘National In-
stitute for Science and Technology.’’.
(B) DEFINITION.—For purposes of this
paragraph, the term ‘‘Act of 1890’’ means the
Act entitled ‘‘An Act to increase the efficiency
and reduce the expenses of the Signal Corps of
the Army, and to transfer the Weather Bureau
to the Department of Agriculture’’, approved
October 1, 1890 (26 Stat. 653).
1609
(5) REPEAL.—Sections 706 and 707 of the
Weather Service Modernization Act (15 U.S.C. 313
note) are repealed.
(6) CONFORMING AMENDMENTS.—The Weather
Service Modernization Act (15 U.S.C. 313 note) is
amended—
(A) in section 702, by striking paragraph
(3) and redesignating paragraphs (4) through
(10) as paragraphs (3) through (9), respec-
tively; and
(B) in section 703—
(i) by striking ‘‘(a) NATIONAL IMPLE-
MENTATION PLAN.—’’;
(ii) by striking paragraph (3) and re-
designating paragraphs (4), (5), and (6) as
paragraphs (3), (4), and (5), respectively;
and
(iii) by striking subsections (b) and
(c).
(g) TERMINATION OF THE NATIONAL OCEANIC AND
ATMOSPHERIC
ADMINISTRATION
CORPS
OF
COMMIS-
SIONED OFFICERS.—
(1) NUMBER
OF
OFFICERS.—Notwithstanding
section 8 of the Act of June 3, 1948 (33 U.S.C.
853g), the total number of commissioned officers on
1610
the active list of the National Oceanic and Atmos-
pheric Administration shall not exceed 358 for fiscal
year 1996. No commissioned officers are authorized
for any fiscal year after fiscal year 1996.
(2) SEPARATION PAY.—(A) Commissioned offi-
cers may be separated from the active list of the Na-
tional Oceanic and Atmospheric Administration. Any
officer so separated because of paragraph (1) shall,
subject to subparagraph (B) and the availability of
appropriations, be eligible for separation pay under
section 9 of the Act of June 3, 1948 (33 U.S.C.
853h) to the same extent as if such officer had been
separated under section 8 of such Act (33 U.S.C.
853g).
(B) Any officer who, under paragraph (4),
transfers to another of the uniformed services or be-
comes employed in a civil service position shall not
be eligible for separation pay under this paragraph.
(C)(i) Any officer who receives separation pay
under this paragraph shall be required to repay the
amount received if, within 1 year after the date of
the separation on which the payment is based, such
officer is reemployed in a civil service position in the
National Oceanic and Atmospheric Administration,
the duties of which position would formerly have
1611
been performed by a commissioned officer, as deter-
mined by the Administrator of the National Oceanic
and Atmospheric Administration.
(ii) A repayment under this subparagraph shall
be made in a lump sum or in such installments as
the Administrator may specify.
(D) In the case of any officer who makes a re-
payment under subparagraph (C)—
(i) the National Oceanic and Atmospheric
Administration shall pay into the Civil Service
Retirement and Disability Fund, on such offi-
cer’s behalf, any deposit required under section
8422(e)(1) of title 5, United States Code, with
respect to any prior service performed by that
individual as such an officer; and
(ii) if the amount paid under clause (i) is
less than the amount of the repayment under
subparagraph (C), the National Oceanic and
Atmospheric Administration shall pay into the
Government Securities Investment Fund (estab-
lished under section 8438(b)(1)(A) of title 5,
United States Code), on such individual’s be-
half, an amount equal to the difference.
1612
The provisions of paragraph (5)(C)(iv) shall apply
with respect to any contribution to the Thrift Sav-
ings Plan made under clause (ii).
(3) PRIORITY PLACEMENT PROGRAM.—A prior-
ity placement program similar to the programs de-
scribed in section 3329b of title 5, United States
Code, as amended by section 17110, shall be estab-
lished by the National Oceanic and Atmospheric Ad-
ministration to assist commissioned officers who are
separated from the active list of the National Oce-
anic and Atmospheric Administration because of
paragraph (1).
(4) TRANSFER.—(A) Subject to the approval of
the Secretary of Defense and under terms and con-
ditions specified by the Secretary, commissioned offi-
cers subject to paragraph (1) may transfer to the
Armed Forces under section 716 of title 10, United
States Code.
(B) Subject to the approval of the Secretary of
Transportation and under terms and conditions
specified by the Secretary, commissioned officers
subject to paragraph (1) may transfer to the United
States Coast Guard under section 716 of title 10,
United States Code.
1613
(C) Subject to the approval of the Adminis-
trator of the National Oceanic and Atmospheric Ad-
ministration and under terms and conditions speci-
fied by that Administrator, commissioned officers
subject to paragraph (1) may be employed by the
National Oceanic and Atmospheric Administration
as members of the civil service.
(5) RETIREMENT PROVISIONS.—(A) For com-
missioned officers who transfer under paragraph
(4)(A) to the Armed Forces, the National Oceanic
and Atmospheric Administration shall pay into the
Department of Defense Military Retirement Fund
an amount, to be calculated by the Secretary of De-
fense in consultation with the Secretary of the
Treasury, equal to the actuarial present value of any
retired or retainer pay they will draw upon retire-
ment, including full credit for service in the NOAA
Corps. Any payment under this subparagraph shall,
for purposes of paragraph (2) of section 17207(g),
be considered to be an expenditure described in such
paragraph.
(B) For commissioned officers who transfer
under paragraph (4)(B) to the United States Coast
Guard, full credit for service in the NOAA Corps
shall be given for purposes of any annuity or other
1614
similar benefit under the retirement system for
members of the United States Coast Guard, entitle-
ment to which is based on the separation of such of-
ficer.
(C)(i) For a commissioned officer who becomes
employed in a civil service position pursuant to para-
graph (4)(C) and thereupon becomes subject to the
Federal Employees’ Retirement System, the Na-
tional Oceanic and Atmospheric Administration shall
pay, on such officer’s behalf—
(I) into the Civil Service Retirement and
Disability Fund, the amounts required under
clause (ii); and
(II) into the Government Securities Invest-
ment Fund, the amount required under clause
(iii).
(ii)(I) 
The 
amount 
required 
under 
this
subclause is the amount of any deposit required
under section 8422(e)(1) of such title 5 with respect
to any prior service performed by the individual as
a commissioned officer of the National Oceanic and
Atmospheric Administration.
(II) To determine the amount required under
this subclause, first determine, for each year of serv-
ice with respect to which the deposit under subclause
1615
(I) relates, the product of the normal-cost percent-
age for such year (as determined under the last sen-
tence of this subclause) multiplied by basic pay re-
ceived by the individual for any such service per-
formed in such year. Second, take the sum of the
amounts determined for the respective years under
the first sentence. Finally, subtract from such sum
the amount of the deposit under subclause (I). For
purposes of the first sentence, the normal-cost per-
centage for any year shall be as determined for such
year under the provisions of section 8423(a)(1) of
title 5, United States Code, except that, in the case
of any year before the first year for which any nor-
mal-cost percentage was determined under such pro-
visions, the normal-cost percentage for such first
year shall be used.
(iii) The amount required under this clause is
the amount by which the separation pay to which
the officer would have been entitled under the sec-
ond sentence of paragraph (2)(A) (assuming the
conditions for receiving such separation pay have
been met) exceeds the amount of the deposit under
clause (ii)(I), if at all.
(iv)(I) Any contribution made under this sub-
paragraph to the Thrift Savings Plan shall not be
1616
subject to any otherwise applicable limitation on con-
tributions contained in the Internal Revenue Code of
1986, and shall not be taken into account in apply-
ing any such limitation to other contributions or
benefits under the Thrift Savings Plan, with respect
to the year in which the contribution is made.
(II) Such plan shall not be treated as failing to
meet any nondiscrimination requirement by reason
of the making of such contribution.
(6) REPEALS.—(A) The following provisions of
law are repealed:
(i) The Coast and Geodetic Survey Com-
missioned Officers’ Act of 1948 (33 U.S.C.
853a–853o, 853p–853u).
(ii) The Act of February 16, 1929 (Chap-
ter 221, section 5; 45 Stat. 1187; 33 U.S.C.
852a).
(iii) The Act of January 19, 1942 (Chap-
ter 6; 56 Stat. 6).
(iv) Section 9 of Public Law 87–649 (76
Stat. 495).
(v) The Act of May 22, 1917 (Chapter 20,
section 16; 40 Stat. 87; 33 U.S.C. 854 et seq.).
(vi) The Act of December 3, 1942 (Chap-
ter 670; 56 Stat. 1038.
1617
(vii) Sections 1 through 5 of Public Law
91–621 (84 Stat. 1863; 33 U.S.C. 857–1 et
seq.).
(viii) The Act of August 10, 1956 (Chapter
1041, section 3; 70A Stat. 619; 33 U.S.C.
857a).
(ix) The Act of May 18, 1920 (Chapter
190, section 11; 41 Stat. 603; 33 U.S.C. 864).
(x) The Act of July 22, 1947 (Chapter
286; 61 Stat. 400; 33 U.S.C. 873, 874).
(xi) The Act of August 3, 1956 (Chapter
932; 70 Stat. 988; 33 U.S.C. 875, 876).
(xii) All other Acts inconsistent with this
subsection.
No repeal under this subparagraph shall affect any
annuity or other similar benefit payable, under any
provision of law so repealed, based on the separation
of any individual from the NOAA Corps on or before
September 30, 1996. Any authority exercised by the
Secretary of Commerce or his designee with respect
to any such benefits shall be exercised by the Ad-
ministrator of the National Oceanic and Atmos-
pheric Administration, and any authorization of ap-
propriations relating to those benefits, which is in
1618
effect as of September 30, 1996, shall be considered
to have remained in effect.
(B) The effective date of the repeals under sub-
paragraph (A) shall be October 1, 1996.
(7) CREDITABILITY
OF
NOAA
SERVICE
FOR
PURPOSES RELATING TO REDUCTIONS IN FORCE.—
A commissioned officer who is separated from the
active list of the National Oceanic and Atmospheric
Administration because of paragraph (1) shall, for
purposes of any subsequent reduction in force, re-
ceive credit for any period of service performed as
such an officer before separation from such list to
the same extent and in the same manner as if it had
been a period of active service in the Armed Forces.
(8) ABOLITION.—The Office of the National
Oceanic and Atmospheric Administration Corps of
Operations and the Commissioned Personnel Center
are abolished effective September 30, 1996.
(h) NOAA FLEET.—
(1) 
SERVICE
CONTRACTS.—Notwithstanding
any other provision of law and subject to the avail-
ability of appropriations, the Administrator of the
National Institute for Science and Technology shall
enter into contracts, including multiyear contracts,
subject to paragraph (3), for the use of vessels to
1619
conduct oceanographic research and fisheries re-
search, monitoring, enforcement, and management,
and to acquire other data necessary to carry out the
missions of the National Oceanic and Atmospheric
Administration. The Administrator of the National
Institute for Science and Technology shall enter into
these contracts unless—
(A) the cost of the contract is more than
the cost (including the cost of vessel operation,
maintenance, and all personnel) to the National
Oceanic and Atmospheric Administration of ob-
taining those services on vessels of the National
Oceanic and Atmospheric Administration;
(B) the contract is for more than 7 years;
or
(C) the data is acquired through a vessel
agreement pursuant to paragraph (4).
(2) VESSELS.—The Administrator of the Na-
tional Institute for Science and Technology may not
enter into any contract for the construction, lease-
purchase, upgrade, or service life extension of any
vessel.
(3) MULTIYEAR CONTRACTS.—
(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), and notwithstanding sec-
1620
tion 1341 of title 31, United States Code, and
section 11 of title 41, United States Code, the
Administrator of the National Institute for
Science and Technology may acquire data
under multiyear contracts.
(B) REQUIRED FINDINGS.—The Adminis-
trator of the National Institute for Science and
Technology may not enter into a contract pur-
suant to this paragraph unless such Adminis-
trator finds with respect to that contract that
there is a reasonable expectation that through-
out the contemplated contract period the Ad-
ministrator will request from Congress funding
for the contract at the level required to avoid
contract termination.
(C) REQUIRED PROVISIONS.—The Admin-
istrator of the National Institute for Science
and Technology may not enter into a contract
pursuant to this paragraph unless the contract
includes—
(i) a provision under which the obliga-
tion of the United States to make pay-
ments under the contract for any fiscal
year is subject to the availability of appro-
1621
priations provided in advance for those
payments;
(ii) a provision that specifies the term
of effectiveness of the contract; and
(iii) 
appropriate 
provisions 
under
which, in case of any termination of the
contract before the end of the term speci-
fied pursuant to clause (ii), the United
States shall only be liable for the lesser
of—
(I) an amount specified in the
contract for such a termination; or
(II) amounts that were appro-
priated before the date of the termi-
nation for the performance of the con-
tract or for procurement of the type
of acquisition covered by the contract
and are unobligated on the date of the
termination.
(4) VESSEL AGREEMENTS.—The Administrator
of the National Institute for Science and Technology
shall use excess capacity of University National
Oceanographic Laboratory System vessels where ap-
propriate and may enter into memoranda of agree-
1622
ment with the operators of these vessels to carry out
this requirement.
(5) TRANSFER OF EXCESS VESSELS.—The Ad-
ministrator of the National Institute for Science and
Technology shall transfer any vessels that are excess
to the needs of the National Oceanic and Atmos-
pheric Administration to the National Defense Re-
serve Fleet. Notwithstanding any other provision of
law, these vessels may be scrapped in accordance
with section 510(i) of the Merchant Marine Act,
1936 (46 App. U.S.C. 1160(i)).
(i) NATIONAL MARINE FISHERIES SERVICE.—(1)
There are transferred to the National Institute for Science
and Technology all functions that on the day before the
effective date of this section were authorized by law to be
performed by the National Marine Fisheries Service.
(2) Notwithstanding any other provision of law, the
National Marine Fisheries Service may not affect on-land
activities under the Endangered Species Act of 1973 for
salmon recovery in the State of Idaho (16 U.S.C. 1531
et seq.).
(j) NATIONAL OCEAN SERVICE.—Except as otherwise
provided in this title, there are transferred to the National
Institute for Science and Technology all functions and as-
sets of the National Oceanic and Atmospheric Administra-
1623
tion that on the date immediately before the effective date
of this section were authorized to be performed by the Na-
tional Ocean Service (including the Coastal Ocean Pro-
gram).
(k) TRANSFER OF COASTAL NONPOINT POLLUTION
CONTROL FUNCTIONS.—There are transferred to the Ad-
ministrator of the Environmental Protection Agency the
functions under section 6217 of the Omnibus Budget Rec-
onciliation Act of 1990 (16 U.S.C. 1455b) that on the day
before the effective date of this section were vested in the
Secretary of Commerce.
SEC. 17207. NATIONAL INSTITUTE FOR SCIENCE AND TECH-
NOLOGY.
(a) ESTABLISHMENT.—There is established as an
independent agency in the Executive Branch the National
Institute for Science and Technology (in this section re-
ferred to as the ‘‘Institute’’). The Institute, and all func-
tions and offices transferred to it under this title, shall
be administered under the supervision and direction of an
Administrator of Science and Technology. The Adminis-
trator of Science and Technology shall be appointed by
the President, by and with the advice and consent of the
Senate, and shall receive basic pay at the rate payable for
level II of the Executive Schedule under section 5313 of
title 5, United States Code.
1624
(b) PRINCIPAL OFFICERS.—There shall be in the In-
stitute, on the transfer of functions and offices under this
title—
(1) an Administrator of the National Oceanic
and Atmospheric Administration, who shall be ap-
pointed by the President, by and with the advice and
consent of the Senate, and who shall receive basic
pay at the rate payable for level III of the Executive
Schedule under section 5314 of title 5, United
States Code; and
(2) a Director of the National Bureau of Stand-
ards, who shall be appointed by the President, by
and with the advice and consent of the Senate, and
who shall receive basic pay at the rate payable for
level IV of the Executive Schedule under section
5315 of title 5, United States Code.
(c) ADDITIONAL OFFICERS.—There shall be in the
Institute—
(1) a Chief Financial Officer of the Institute, to
be appointed by the President, by and with the ad-
vice and consent of the Senate;
(2) a Chief of External Affairs, to be appointed
by the President, by and with the advice and consent
of the Senate;
1625
(3) a General Counsel, to be appointed by the
President, by and with the advice and consent of the
Senate; and
(4) an Inspector General, to be appointed in ac-
cordance with the Inspector General Act of 1978.
Each Officer appointed under this subsection shall receive
basic pay at the rate payable for level IV of the Executive
Schedule under section 5315 of title 5, United States
Code.
(d) TRANSFER OF FUNCTIONS AND OFFICES.—Ex-
cept as otherwise provided in this title, there are trans-
ferred to the Institute—
(1) the National Oceanic and Atmospheric Ad-
ministration, along with its functions and offices, as
provided in section 17206;
(2) the National Bureau of Standards, along
with its functions and offices, as provided in section
17202; and
(3) the Office of Space Commerce, along with
its functions and offices.
(e) ELIMINATION
OF POSITIONS.—The Adminis-
trator of Science and Technology may eliminate positions
that are no longer necessary because of the termination
of functions under this section, section 17202, and section
17206.
1626
(f) AGENCY TERMINATIONS.—
(1) TERMINATIONS.—On the date specified in
section 17209(a), the following shall terminate:
(A) The Office of the Deputy Adminis-
trator and Assistant Secretary of the National
Oceanic and Atmospheric Administration.
(B) The Office of the Deputy Under Sec-
retary of the National Oceanic and Atmospheric
Administration.
(C) The Office of the Chief Scientist of the
National Oceanic and Atmospheric Administra-
tion.
(D) The position of Deputy Assistant Sec-
retary for Oceans and Atmosphere.
(E) The position of Deputy Assistant Sec-
retary for International Affairs.
(F) Any office of the National Oceanic and
Atmospheric Administration or the National
Bureau of Standards whose primary purpose is
to perform high performance computing com-
munications, legislative, personnel, public rela-
tions, budget, constituent, intergovernmental,
international, policy and strategic planning,
sustainable development, administrative, finan-
cial, educational, legal and coordination func-
1627
tions. These functions shall, as necessary, be
performed only by officers described in sub-
section (c).
(G) The position of Associate Director of
the National Institute of Standards and Tech-
nology.
(2) TERMINATION
OF
EXECUTIVE
SCHEDULE
POSITIONS.—Each position which was expressly au-
thorized by law, or the incumbent of which was au-
thorized to receive compensation at the rate pre-
scribed for levels I through V of the Executive
Schedule under sections 5312 through 5315 of title
5, United States Code, in an office terminated pur-
suant to this section, section 17202, and section
17206 shall also terminate.
(g) FUNDING REDUCTIONS RESULTING FROM REOR-
GANIZATION.—
(1) FUNDING
REDUCTIONS.—For each fiscal
year that begins on or after the effective date of this
section, the amount obligated or expended by the
United States in performing all functions vested in
the National Institute for Science and Technology
pursuant to this subtitle may not exceed 75 percent
of the total of the amounts obligated or expended by
the United States in performing, during fiscal year
1628
1995, all functions vested in the National Oceanic
and Atmospheric Administration, the National Insti-
tute of Standards and Technology, and the Office of
Space Commerce, except for those functions trans-
ferred under section 17206 to agencies or depart-
ments other than the National Institute for Science
and Technology.
(2) EXCEPTION.—Paragraph (1) shall not
apply to obligations or expenditures incurred as a di-
rect consequence of the termination, transfer, or
other disposition of functions described in paragraph
(1) pursuant to this subtitle.
(3) RULE OF CONSTRUCTION.—This subsection
shall take precedence over any other provision of law
unless such provision explicitly refers to this section
and makes an exception to it.
(4) RESPONSIBILITIES OF THE DIRECTOR OF
THE OFFICE OF MANAGEMENT AND BUDGET.—The
Director of the Office of Management and Budget
shall—
(A) ensure compliance with the require-
ments of this subsection; and
(B) include in each report under section
17106 (a) and (b) of this title a description of
1629
actions taken to comply with such require-
ments.
SEC. 17208. MISCELLANEOUS TERMINATIONS; MORATO-
RIUM ON PROGRAM ACTIVITIES.
(a) TERMINATIONS.—The following agencies and pro-
grams of the Department of Commerce are terminated:
(1) The Minority Business Development Admin-
istration.
(2) The United States Travel and Tourism Ad-
ministration.
(3) The programs and activities of the National
Telecommunications and Information Administration
referred to in section 17205(a).
(4) The Advanced Technology Program under
section 28 of the National Institute of Standards
and Technology Act (15 U.S.C. 278n).
(5) The Manufacturing Extension Programs
under sections 25 and 26 of the National Institute
of Standards and Technology Act (15 U.S.C. 278k
and 278l).
(6) The National Institute of Standards and
Technology METRIC Program.
(b) MORATORIUM ON PROGRAM ACTIVITIES.—The
authority to make grants, enter into contracts, provide as-
sistance, incur obligations, or provide commitments (in-
1630
cluding any enlargement of existing obligations or commit-
ments, except if required by law) with respect to the agen-
cies and programs described in subsection (a) is termi-
nated effective on the date of the enactment of this title.
SEC. 17209. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), this subtitle shall take effect on the abolishment date
specified in section 17101(c).
(b) PROVISIONS EFFECTIVE ON DATE OF ENACT-
MENT.—The following provisions of this subtitle shall take
effect on the date of the enactment of this Act:
(1) Section 17201.
(2) Section 17206(g), except as otherwise pro-
vided in that section.
(3) Section 17208(b).
(4) This section.
Subtitle C—Office of United States
Trade Representative
CHAPTER 1—GENERAL PROVISIONS
SEC. 17301. DEFINITIONS.
For purposes of this subtitle—
(1) the term ‘‘Office’’ means the Office of the
United States Trade Representative;
1631
(2) the term ‘‘Federal agency’’ has the meaning
given to the term ‘‘agency’’ by section 551(1) of title
5, United States Code; and
(3) the term ‘‘USTR’’ means the United States
Trade Representative as provided for under section
17311.
CHAPTER 2—OFFICE OF UNITED STATES
TRADE REPRESENTATIVE
Subchapter A—Establishment
SEC. 17311. ESTABLISHMENT OF THE OFFICE.
(a) IN GENERAL.—The Office of the United States
Trade Representative is established as an independent es-
tablishment in the executive branch of Government as de-
fined under section 104 of title 5, United States Code.
The United States Trade Representative shall be the head
of the Office and shall be appointed by the President, by
and with the advice and consent of the Senate.
(b) AMBASSADOR STATUS.—The USTR shall have
the rank and status of Ambassador and shall represent
the United States in all trade negotiations conducted by
the Office.
(c) CONTINUED SERVICE OF CURRENT USTR.—The
individual serving as United States Trade Representative
on the date immediately preceding the effective date of
1632
this subtitle may continue to serve as USTR under sub-
section (a).
(d) SUCCESSOR
TO
THE DEPARTMENT
OF COM-
MERCE.—The Office shall be the successor to the Depart-
ment of Commerce for purposes of protocol.
SEC. 17312. FUNCTIONS OF THE USTR.
(a) IN GENERAL.—In addition to the functions trans-
ferred to the USTR by this subtitle, such other functions
as the President may assign or delegate to the USTR, and
such other functions as the USTR may, after the effective
date of this subtitle, be required to carry out by law, the
USTR 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, as the primary
1633
mandate of the Office, the goals of the United
States 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 goods and services
that are products of the United States;
(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,
1634
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) enforce the laws of the United States relat-
ing to trade;
(9) analyze economic trends and developments;
(10) report directly to the Congress—
(A) on the administration of, and matters
pertaining to, the trade agreements program
under the Omnibus Trade and Competitiveness
Act of 1988, the Trade Act of 1974, the Trade
Expansion Act of 1962, section 350 of the Tar-
iff Act of 1930, and any other provision of law
enacted after this Act; and
(B) with respect to other important issues
pertaining to international trade;
(11) 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
1635
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 USTR may
recommend to the Congress to carry out any trade
agreement;
(12) 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;
(13) serve as the principal advisor to the Presi-
dent on Government policies designed to contribute
to enhancing the ability of United States industry
and services to compete in international markets;
(14) develop recommendations for national
strategies and specific policies intended to enhance
the productivity and international competitiveness of
United States industries;
1636
(15) serve as the principal advisor to the Presi-
dent in identifying and assessing the consequences
of any Government policies that adversely affect, or
have the potential to adversely affect, the inter-
national competitiveness of United States industries
and services;
(16) promote cooperation between business,
labor, and Government to improve industrial per-
formance and the ability of United States industries
to compete in international markets and to facilitate
consultation and communication between the Gov-
ernment and the private sector about domestic in-
dustrial performance and prospects and the perform-
ance and prospects of foreign competitors; and
(17) monitor and enforce foreign government
compliance with international trade agreements to
protect United States interests.
(b) INTERAGENCY ORGANIZATION.—The USTR shall
be the chairperson of the interagency organization estab-
lished under section 242 of the Trade Expansion Act of
1962.
(c) NATIONAL SECURITY COUNCIL.—The USTR
shall be a member of the National Security Council.
(d) ADVISORY COUNCIL.—The USTR shall be Dep-
uty Chairman of the National Advisory Council on Inter-
1637
national Monetary and Financial Policies established
under Executive Order 11269, issued February 14, 1966.
(e) AGRICULTURE.—(1) The USTR shall consult
with the Secretary of Agriculture or the designee of the
Secretary of Agriculture on all matters that potentially in-
volve 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 USTR or the designee of the USTR
shall be Chairman of the United States delegation to such
meeting and the Secretary of Agriculture or the designee
of such Secretary shall be Vice Chairman. The provisions
of this paragraph shall not limit the authority of the
USTR under subsection (h) to assign to the Secretary of
Agriculture responsibility for the conduct of, or participa-
tion in, any trade negotiation or meeting.
(f) TRADE PROMOTION.—The USTR shall be the
chairperson of the Trade Promotion Coordinating Com-
mittee.
(g) NATIONAL ECONOMIC COUNCIL.—The USTR
shall be a member of the National Economic Council es-
tablished under Executive Order No. 12835, issued Janu-
ary 25, 1993.
(h) INTERNATIONAL TRADE NEGOTIATIONS.—Ex-
cept where expressly prohibited by law, the USTR, at the
1638
request or with the concurrence of the head of any other
Federal agency, may assign the responsibility for conduct-
ing or participating in any specific international trade ne-
gotiation or meeting to the head of such agency whenever
the USTR determines that the subject matter of such
international trade negotiation is related to the functions
carried out by such agency.
Subchapter B—Officers
SEC. 17321. DEPUTY ADMINISTRATOR OF THE OFFICE.
(a) ESTABLISHMENT.—There shall be in the Office
the Deputy Administrator of the Office of the United
States Trade Representative, who shall be appointed by
the President, by and with the advice and consent of the
Senate.
(b) 
ABSENCE, 
DISABILITY, 
OR
VACANCY
OF
USTR.—The Deputy Administrator of the Office of the
United States Trade Representative shall act for and exer-
cise the functions of the USTR during the absence or dis-
ability of the USTR or in the event the office of the USTR
becomes vacant. The Deputy Administrator shall act for
and exercise the functions of the USTR until the absence
or disability of the USTR no longer exists or a successor
to the USTR has been appointed by the President and
confirmed by the Senate.
1639
(c) FUNCTIONS OF DEPUTY ADMINISTRATOR.—The
Deputy Administrator of the Office of the United States
Trade Representative shall exercise all functions, under
the direction of the USTR, transferred to or established
in the Office, except those functions exercised by the Dep-
uty United States Trade Representatives, the Director
General for Export Promotion, the Inspector General, and
the General Counsel of the Office, as provided by this sub-
title.
SEC. 17322. DEPUTY UNITED STATES TRADE REPRESENTA-
TIVES.
(a) ESTABLISHMENT.—There shall be in the Office
2 Deputy United States Trade Representatives, who shall
be appointed by the President, by and with the advice and
consent of the Senate. The Deputy United States Trade
Representatives shall exercise all functions under the di-
rection of the USTR, and shall include—
(1) the Deputy United States Trade Represent-
ative for Negotiations; and
(2) the Deputy United States Trade Represent-
ative to the World Trade Organization.
(b) FUNCTIONS OF DEPUTY UNITED STATES TRADE
REPRESENTATIVES.—(1) The Deputy United States
Trade Representative for Negotiations shall exercise all
1640
functions transferred under section 17331 and shall have
the rank and status of Ambassador.
(2) The Deputy United States Trade Representative
to the World Trade Organization shall exercise all func-
tions relating to representation to the World Trade Orga-
nization and shall have the rank and status of Ambas-
sador.
SEC. 17323. ASSISTANT ADMINISTRATORS.
(a) ESTABLISHMENT.—There shall be in the Office
3 Assistant Administrators, who shall be appointed by the
President, by and with the advice and consent of the Sen-
ate. The Assistant Administrators shall exercise all func-
tions under the direction of the Deputy Administrator of
the Office of the United States Trade Representative and
include—
(1) the Assistant Administrator for Export Ad-
ministration;
(2) the Assistant Administrator for Import Ad-
ministration; and
(3) the Assistant Administrator for Trade and
Policy Analysis.
(b) FUNCTIONS OF ASSISTANT ADMINISTRATORS.—
(1) The Assistant Administrator for Export Administra-
tion shall exercise all functions transferred under section
17332(1)(C).
1641
(2) The Assistant Administrator for Import Adminis-
tration shall exercise all functions transferred under sec-
tion 17332(1)(D).
(3) The Assistant Administrator for Trade and Policy
Analysis shall exercise all functions transferred under sec-
tion 17332(1)(B) and all functions transferred under sec-
tion 17332(2).
SEC. 17324. DIRECTOR GENERAL FOR EXPORT PROMOTION.
(a) ESTABLISHMENT.—There shall be a Director
General for Export Promotion, who shall be appointed by
the President, by and with the advice and consent of the
Senate.
(b) FUNCTIONS.—The Director General for Export
Promotion shall exercise, under the direction of the
USTR, 
all 
functions 
transferred 
under 
sections
17332(1)(A) (relating to functions of the United States
and Foreign Commercial Service) and 17333 and shall
have the rank and status of Ambassador.
SEC. 17325. GENERAL COUNSEL.
There shall be in the Office a General Counsel, who
shall be appointed by the President, by and with the advice
and consent of the Senate. The General Counsel shall pro-
vide legal assistance to the USTR concerning the activi-
ties, programs, and policies of the Office.
1642
SEC. 17326. INSPECTOR GENERAL.
There shall be in the Office an Inspector General who
shall be appointed in accordance with the Inspector Gen-
eral Act of 1978, as amended by section 17371(b) of this
Act.
SEC. 17327. CHIEF FINANCIAL OFFICER.
There shall be in the Office a Chief Financial Officer
who shall be appointed in accordance with section 901 of
title 31, United States Code, as amended by section
17371(e) of this Act. The Chief Financial Officer shall
perform all functions prescribed by the Deputy Adminis-
trator of the Office of the United States Trade Represent-
ative, under the direction of the Deputy Administrator.
Subchapter C—Transfers to the Office
SEC. 17331. OFFICE OF THE UNITED STATES TRADE REP-
RESENTATIVE.
There are transferred to the USTR 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.
SEC. 17332. TRANSFERS FROM THE DEPARTMENT OF COM-
MERCE.
There are transferred to the USTR the following
functions:
1643
(1) 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, and the Director General
of the United States and Foreign Commercial
Service, relating to all functions exercised by
the Service.
(B) The Assistant Secretary of Commerce
for International Economic Policy and the As-
sistant Secretary of Commerce for Trade Devel-
opment.
(C) The Under Secretary of Commerce for
Export Administration.
(D) The Assistant Secretary of Commerce
for Import Administration.
(2) All functions of the Secretary of Commerce
relating to the National Trade Data Bank.
(3) All functions of the Secretary of Commerce
under the Tariff Act of 1930, the Uruguay Round
Agreements Act, the Trade Act of 1974, and other
trade-related Acts for which responsibility is not oth-
erwise assigned under this subtitle.
1644
SEC. 17333. TRADE AND DEVELOPMENT AGENCY.
There are transferred to the Director General for Ex-
port Promotion all functions of the Director of the Trade
and Development Agency. There are transferred to the Of-
fice of the Director General for Export Promotion all func-
tions of the Trade and Development Agency.
SEC. 17334. EXPORT-IMPORT BANK.
(a) IN GENERAL.—(1) There are transferred to the
USTR all functions of the Secretary of Commerce relating
to the Export-Import Bank of the United States.
(2) Section 3(c)(1) of the Export-Import Bank Act
of 1945 (12 U.S.C. 635a(c)(1)) is amended to read as fol-
lows:
‘‘(c)(1) There shall be a Board of Directors of the
Bank consisting of the United States Trade Representa-
tive (who shall serve as Chairman), the President of the
Export-Import Bank of the United States (who shall serve
as Vice Chairman), the first Vice President, and 2 addi-
tional persons appointed by the President of the United
States, by and with the advice and consent of the Sen-
ate.’’.
(b) EX OFFICIO MEMBER OF EXPORT-IMPORT BANK
BOARD OF DIRECTORS.—The Director General for Export
Promotion shall serve as an ex officio nonvoting member
of the Board of Directors of the Export-Import Bank.
1645
(c) AMENDMENTS
TO
RELATED
BANKING
AND
TRADE ACTS.—Section 2301(h) of the Omnibus Trade
and Competitiveness 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 such services as the Di-
rector General for Export Promotion of the Office of the
United States Trade Representative 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.’’.
SEC. 17335. OVERSEAS PRIVATE INVESTMENT CORPORA-
TION.
(a) BOARD OF DIRECTORS.—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 fol-
lows: ‘‘The United States Trade Representative shall be
the Chairman of the Board. The Administrator of the
Agency for International Development (who shall serve as
Vice Chairman) shall serve on the Board.’’.
(b) EX OFFICIO MEMBER OF OVERSEAS PRIVATE IN-
VESTMENT CORPORATION BOARD OF DIRECTORS.—The
Director General for Export Promotion shall serve as an
ex officio nonvoting member of the Board of Directors of
the Overseas Private Investment Corporation.
1646
SEC. 17336. CONSOLIDATION OF EXPORT PROMOTION AND
FINANCING ACTIVITIES.
(a) SUBMISSION OF PLAN.—Within 180 days after
the date of the enactment of this Act, the President shall
transmit to the Congress a comprehensive plan to consoli-
date Federal nonagricultural export promotion activities
and export financing activities and to transfer those func-
tions to the Office. The plan shall provide for—
(1) the elimination of the overlap and duplica-
tion among all Federal nonagricultural export pro-
motion activities and export financing activities;
(2) a unified budget for Federal nonagricultural
export promotion activities which eliminates funding
for the areas of overlap and duplication identified
under paragraph (1); and
(3) a long-term agenda for developing better co-
operation between local, State and Federal programs
and activities designed to stimulate or assist United
States businesses in exporting nonagricultural goods
or services that are products of the United States,
including sharing of facilities, costs, and export mar-
ket research data.
(b) PLAN ELEMENTS.—The plan under subsection
(a) shall—
1647
(1) place all Federal nonagricultural export pro-
motion activities and export financing activities with-
in the Office;
(2) provide clear authority for the USTR to use
the expertise and assistance of other United States
Government agencies;
(3) achieve an overall 25 percent reduction in
the amount of funding for all Federal non-
agricultural export promotion activities within 2
years after the enactment of this Act; and
(4) include any functions of the Department of
Commerce not transferred by this subtitle, or of
other Federal departments the transfer of which to
the Office would be necessary to the competitiveness
of the United States in international trade.
(c) DEFINITION.—As used in this section, the term
‘‘Federal nonagricultural export promotion activities’’
means all programs or activities of any department or
agency of the Federal Government (including, but not lim-
ited to, departments and agencies with representatives on
the Trade Promotion Coordinating Committee established
under section 2312 of the Export Enhancement Act of
1988 (15 U.S.C. 4727)) that are designed to stimulate
or assist United States businesses in exporting non-
1648
agricultural goods or services that are products of the
United States, including trade missions.
SEC. 17337. ADDITIONAL TRADE FUNCTIONS.
(a) TERMINATION OF AUTHORIZATIONS OF APPRO-
PRIATIONS.—
(1) NAFTA SECRETARIAT.—Section 105(b) of
the North American Free Trade Agreement Imple-
mentation Act (19 U.S.C. 3315(b)) is amended by
striking ‘‘each fiscal year after fiscal year 1993’’ and
inserting ‘‘each of fiscal years 1994 and 1995’’.
(2) BORDER ENVIRONMENT COOPERATION COM-
MISSION.—Section 533(a)(2) of the North American
Free Trade Agreement Implementation Act (19
U.S.C. 3473(a)(2)) is amended by striking ‘‘and
each fiscal year thereafter’’ and inserting ‘‘fiscal
year 1995’’.
(b) FUNCTIONS RELATED
TO TEXTILE AGREE-
MENTS.—
(1) FUNCTIONS OF CITA.—(A) Subject to sub-
paragraph (B), those functions delegated to the
Committee for the Implementation of Textile Agree-
ments established under Executive Order 11651 (7
U.S.C. 1854 note) (hereafter in this subsection re-
ferred to as ‘‘CITA’’) are transferred to the USTR.
1649
(B) Those functions delegated to CITA that re-
late to the assessment of the impact of textile im-
ports on domestic industry are transferred to the
International Trade Commission.
(2) ABOLITION OF CITA.—CITA is abolished.
Subchapter D—Administrative Provisions
SEC. 17341. PERSONNEL PROVISIONS.
(a) APPOINTMENTS.—The USTR may appoint and
fix the compensation of such officers and employees, in-
cluding investigators, attorneys, and administrative law
judges, as may be necessary to carry out the functions
of the USTR and the Office. 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) POSITIONS ABOVE GS–15.—(1) At the request
of the USTR, the Director of the Office of Personnel Man-
agement shall, under section 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 Office equal to
the number of positions in that grade level which were
used primarily for the performance of functions and of-
fices transferred by this subtitle and which were assigned
1650
and filled on the day before the effective date of this sub-
title.
(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 subtitle and, on the day before the
effective date of this subtitle, holds a position and has du-
ties comparable 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 subtitle.
(c) EXPERTS AND CONSULTANTS.—The USTR may
obtain the services of experts and consultants in accord-
ance with section 3109 of title 5, United States Code, and
compensate such experts and consultants for each day (in-
cluding traveltime) at rates not in excess of the maximum
1651
rate of pay for a position above GS–15 of the General
Schedule under section 5332 of such title. The USTR 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) VOLUNTARY SERVICES.—(1)(A) The USTR is
authorized to accept voluntary and uncompensated serv-
ices 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 USTR is authorized to accept volunteer serv-
ice in accordance with the provisions of section 3111 of
title 5, United States Code.
(2) The USTR is authorized to provide for incidental
expenses, including but not limited to transportation, lodg-
ing, and subsistence for individuals who provide 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-
1669
official or component thereof), with respect to the func-
tions transferred by this subtitle, may be used, with ap-
proval of the Director of the Office of Management and
Budget, to pay the compensation and expenses of an offi-
cer appointed under subsection (a) who will carry out such
functions until funds for that purpose are otherwise avail-
able.
SEC. 17382. INTERIM APPOINTMENTS.
(a) IN GENERAL.—If one or more officers required
by this subtitle to be appointed by and with the advice
and consent of the Senate have not entered upon office
on the effective date of this subtitle and notwithstanding
any other provision of law, the President may designate
any officer who was appointed by and with the advice and
consent of the Senate, and who was such an officer on
the day before the effective date of this subtitle, to act
in the office until it is filled as provided by this subtitle.
(b) COMPENSATION.—Any officer acting in an office
pursuant to subsection (a) shall receive compensation at
the rate prescribed by this subtitle for such office.
SEC. 17383. FUNDING REDUCTIONS RESULTING FROM RE-
ORGANIZATION.
(a) FUNDING REDUCTIONS.—Except as provided in
subsection (b), for each fiscal year that begins on or after
the effective date of this section, the total of amounts obli-
1691
the incumbent’s work time, as determined by
the Secretary of Commerce; or
‘‘(C) such transfer would be in the interest
of the Office, as determined by the Secretary of
Commerce in consultation with the Commis-
sioner of Patents and Trademarks.
Any transfer under this paragraph shall be effective
as of the same effective date as referred to in para-
graph (1), and shall be made without a break in
service.
‘‘(3) ACCUMULATED
LEAVE.—The amount of
sick and annual leave and compensatory time accu-
mulated under title 5 before the effective date de-
scribed in paragraph (1), by officers or employees of
the Patent and Trademark Office who so become of-
ficers or employees of the Office, are obligations of
the Office.
‘‘(4) TERMINATION RIGHTS.—Any employee re-
ferred to in paragraph (1) or (2) of this subsection
whose employment with the Office is terminated
during the 2-year period beginning on the effective
date of the Patent and Trademark Office Corpora-
tion Act of 1995 shall be entitled to rights and bene-
fits, to be afforded by the Office, similar to those
such employee would have had under Federal law if
1702
of the petition shall be served upon the Office. In
any such civil action or proceeding to which para-
graph (3)(A) applies, the provisions of section
1346(b) and chapter 171 of title 28 shall apply in
lieu of this paragraph.
‘‘(b) RELATIONSHIP WITH JUSTICE DEPARTMENT.—
‘‘(1) EXERCISE BY OFFICE OF ATTORNEY GEN-
ERAL’S AUTHORITIES.—Except as provided in this
section, with respect to any action or proceeding in
which the Office is a party or an officer or employee
thereof is a party in his or her official capacity, the
Office, officer, or employee may exercise, without
prior authorization from the Attorney General, the
authorities and duties that otherwise would be exer-
cised by the Attorney General on behalf of the Of-
fice, officer, or employee under title 28 and other
laws.
‘‘(2) APPEARANCES BY ATTORNEY GENERAL.—
Notwithstanding paragraph (1), at any time the At-
torney General may, in any action or proceeding de-
scribed in paragraph (1), file an appearance on be-
half of the Office or the officer or employee involved,
without the consent of the Office or the officer or
employee. Upon such filing, the Attorney General
shall represent the Office or such officer or employee