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(2) by striking ‘‘Commissioner of Patents’’ and
inserting ‘‘Chief Executive Officer’’.
(aa) Subsection 305(c) of the National Aeronautics
and Space Act of 1958 (42 U.S.C. 2457(c)) is amended—
(1) by striking ‘‘Commissioner of Patents’’ and
inserting ‘‘Chief Executive Officer of the United
States Intellectual Property Organization’’; and
(2) by striking ‘‘Commissioner’’ and inserting
‘‘Chief Executive Officer’’.
(bb) Subsection 12(a) of the Solar Heating and Cool-
ing Demonstration Act of 1974 (42 U.S.C. 5510(a)) is
amended by striking ‘‘Commissioner of Patent Office’’ and
inserting ‘‘Chief Executive Officer of the United States In-
tellectual Property Organization’’.
(cc) Section 1111 of title 44, United States Code, is
amended by striking ‘‘Commissioner of Patents’’ and in-
serting ‘‘Chief Executive Officer of the United States In-
tellectual Property Organization’’.
(dd) Sections 1114 and 1123 of title 44, United
States Code, are amended by striking ‘‘Commissioner of
Patents’’.
(ee) Sections 1337 and 1338 of title 44, United
States Code, and the items relating to those sections in
the table of contents for chapter 13 of such title are re-
pealed.
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(ff) Subsection 10(I) of the Trading With the Enemy
Act (50 U.S.C. App. 10(i)) is amended by striking ‘‘Com-
missioner of Patents’’ and inserting ‘‘Chief Executive Offi-
cer of the United States Intellectual Property Organiza-
tion’’.
(gg) Section 5 of Public Law 103–226 is amended
as follows:
(1) In paragraph (a) by adding ‘‘and the Unit-
ed States Intellectual Property Organization’’ follow-
ing ‘‘General Accounting Office,’’.
(2) In subsection (b), by striking paragraphs
(3) through (6) and inserting the following:
‘‘(3) 1,998,200 during fiscal year 1996;
‘‘(4) 1,958,200 during fiscal year 1997;
‘‘(5) 1,917,300 during fiscal year 1998; and
‘‘(6) 1,877,400 during fiscal year 1999.’’.
Subtitle E—Separability; Effective Date;
Report of the Secretary
SEC. 116. SEPARABILITY.
If any provision of this Act or the application thereof
to any person or circumstance is held invalid, the remain-
der of this Act, and the application of such provision to
other persons or circumstances shall not be affected there-
by.
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SEC. 117. EFFECTIVE DATE.
This Act shall take effect 6 months after the date
of the enactment of this Act.
SEC. 118. REPORT OF THE SECRETARY.
Not later than five years from the effective date of
this Act, the Secretary of Commerce shall provide to the
President and the Congress a report on the operation and
effectiveness of the provisions of this Act and the costs
associated therewith. As part of the report, the Secretary
shall include (a) the Secretary’s recommendation as to
whether the Organization should continue to exist and (b)
any recommendations for legislation the Secretary deems
necessary or appropriate as a result of his or her analysis
of the operation and effectiveness of the Act and the costs
associated therewith. The Secretary shall provide to the
President and the Congress additional reports that comply
with the requirements of this section every six years after
the submission of the first report. The preceding sentence
shall cease to be effective upon the enactment of legisla-
tion to terminate the Organization or to amend this Act.
TITLE II—UNDER SECRETARY FOR
INTELLECTUAL PROPERTY
SEC. 201. UNDER SECRETARY FOR INTELLECTUAL PROP-
ERTY.
(A) APPOINTMENT.—There shall be within the De-
partment of Commerce, an Under Secretary of Commerce
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for Intellectual property, who shall be appointed by the
President by and with the advice and consent of the Sen-
ate.
(b) DUTIES.—The Under Secretary for Intellectual
Property, under the direction of the Secretary of Com-
merce, shall perform the following functions with respect
to intellectual property policy:
(1) Grant patents and register trademarks.
(2) Advise the Secretary on all aspects of intel-
lectual property policy, legislation, and issues, in-
cluding international trade issues concerning intel-
lectual property.
(3) Advise the Chief Executive Officer of the
United States Intellectual Property Organization on
patent and trademark policy as provided in section
2(a) of title 35, United States Code, as amended.
(4) Promote in international trade the United
States industries that rely on intellectual property.
(5) Advise the Secretary of State, the United
States Trade Representative, and other appropriate
department and agency heads, subject to the author-
ity of the Secretary, on international intellectual
property issues.
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(6) Advise Federal agencies on ways to improve
intellectual property protection in other countries
through economic assistance and international trade.
(7) Review and coordinate all proposals by
agencies to assist foreign governments and inter-
national intergovernmental agencies in improving in-
tellectual property protection.
(8) Carry on studies related to the effectiveness
of intellectual property protection throughout the
world.
(9) Advise the Secretary on programs and stud-
ies which the Organization is carrying on coopera-
tively, or is authorizing to be carried on, with for-
eign patent and trademark offices and international
intergovernmental organizations in connection with
the examination of patent and trademark applica-
tions.
(10) In coordination with the Department of
State, carry on studies cooperatively with foreign in-
tellectual property offices and international intergov-
ernmental organizations.
(c) DEPUTY UNDER SECRETARIES.—The Under Sec-
retary for Intellectual Property shall be assisted by two
Deputy Under Secretaries of Commerce for Intellectual
Property. The Deputy Under Secretaries shall be ap-