‘‘The United States Trade Representative of
the United States Trade Administration.’’.
(b) POSITIONS AT LEVEL II.—Section 5313 of title
5, United States Code, is amended by adding at the end
the following:
‘‘Deputy Administrator of the United States
Trade Administration.
‘‘Deputy United States Trade Representatives,
United States Trade Administration (2).’’.
(c) POSITIONS AT LEVEL III.—Section 5314 of title
5, United States Code, is amended—
(1) by striking the item relating to the Under
Secretary of Commerce, Under Secretary of Com-
merce for Economic Affairs, Under Secretary of
Commerce for Export Administration, and Under
Secretary of Commerce for Travel and Tourism, and
inserting ‘‘Under Secretary of Commerce for Eco-
nomic Affairs and Under Secretary of Commerce for
Travel and Tourism’’; and
(2) by adding at the end the following:
‘‘Assistant Administrators, United States Trade
Administration (3).
‘‘Director General for Export Promotion, Unit-
ed States Trade Administration.’’.
(d) POSITIONS AT LEVEL IV.—Section 5315 of title
5, United States Code, is amended—
(1) in the item relating to the Assistant Sec-
retaries of Commerce, by striking ‘‘(11)’’ and insert-
ing ‘‘(7)’’;
(2) by striking the item relating to the Assist-
ant Secretary of Commerce and Director General of
the United States and Foreign Commercial Service;
and
(3) by adding at the end the following:
‘‘General Counsel, United States Trade Admin-
istration.
‘‘Inspector General, United States Trade Ad-
ministration.
‘‘Chief Financial Officer, United States Trade
Administration.’’.
(e) POSITIONS AT LEVEL V.—Section 5316 of title
5, United States Code, is amended by striking the item
relating to the National Export Expansion Coordinator,
Department of Commerce.
TITLE III—TRANSITIONAL, SAV-
INGS, 
AND 
CONFORMING
PROVISIONS
SEC. 301. ADDITIONAL TRANSFERS.
Any function of the Secretary of Commerce or the
Department of Commerce which—
(1) is not transferred by title II of this Act; and
(2) is incidental to, necessary for, or primarily
related to, the performance of a function transferred
by any such title,
is transferred to the head of the Federal agency to which
the related function is transferred by such title.
SEC. 302. TRANSFER AND ALLOCATIONS OF APPROPRIA-
TIONS AND PERSONNEL.
Except as otherwise provided in this Act, the person-
nel employed in connection with, and the assets, liabilities,
contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other
funds employed, used, held, arising from, available to, or
to be made available in connection with the functions and
offices transferred by this Act, subject to section 1531 of
title 31, United States Code, shall be transferred to the
head of the Federal agency to which such functions or of-
fices are transferred by this Act. Unexpended funds trans-
ferred pursuant to this section shall be used only for the
purposes for which the funds were originally authorized
and appropriated.
SEC. 303. INCIDENTAL TRANSFERS.
(a) IN GENERAL.—The Director of the Office of
Management and Budget, at such time or times as the
Director shall provide, is authorized to make such deter-
minations as may be necessary with regard to the func-
tions and offices transferred by this Act, and to make such
additional incidental dispositions of personnel, assets, li-
abilities, grants, contracts, property, records, and unex-
pended balances of appropriations, authorizations, alloca-
tions, and other funds held, used, arising from, available
to, or to be made available in connection with such func-
tions and offices, as may be necessary to carry out the
provisions of this Act. The Director shall provide for the
termination of the affairs of all entities terminated by this
Act and for such further measures and dispositions as may
be necessary to effectuate the purposes of this Act.
(b) TRANSFERS RELATING TO SENIOR EXECUTIVE
SERVICE.—After consultation with the Director of the Of-
fice of Personnel Management, the Director of the Office
of Management and Budget is authorized, at such times
as the Director of the Office of Management and Budget
may provide, to make such determinations as may be nec-
essary with regard to the transfer of positions within the
Senior Executive Service in connection with the functions
and offices transferred by this Act.
SEC. 304. EFFECT ON PERSONNEL.
(a) IN GENERAL.—Except as otherwise provided by
this Act, the transfer pursuant to this Act of full-time per-
sonnel (except special Government employees) and part-
time personnel holding permanent positions shall not
cause any such employee to be separated or reduced in
grade or compensation for one year after the date of trans-
fer of such employee under this Act.
(b) EXECUTIVE SCHEDULE POSITIONS.—Except as
otherwise provided by this Act, any person who, on the
day preceding the effective date of this Act, held a position
compensated in accordance with the Executive Schedule
prescribed in chapter 53 of title 5, United States Code,
and who, without a break in service, is appointed in a Fed-
eral agency to which functions are transferred by this Act
to a position having duties comparable to the duties per-
formed immediately preceding such appointment shall con-
tinue to be compensated in such new position at not less
than the rate provided for such previous position, for the
duration of the service of such person in such new posi-
tion.
(c) TERMINATION OF CERTAIN POSITIONS.—Except
for members of the Foreign Service, positions whose in-
cumbents are appointed by the President, by and with the
advice and consent of the Senate, the functions of which
are transferred by this Act, shall terminate on the effective
date of this Act.
SEC. 305. SAVINGS PROVISIONS.
(a) CONTINUING EFFECT OF LEGAL DOCUMENTS.—
All orders, determinations, rules, regulations, permits,
agreements, grants, contracts, certificates, licenses, reg-
istrations, privileges, and other administrative actions—
(1) which have been issued, made, granted, or
allowed to become effective by the President, any
Federal agency or official thereof, or by a court of
competent jurisdiction, in the performance of func-
tions which are transferred under this Act, and
(2) which are in effect at the time this Act
takes effect, or were final before the effective date
of this Act and are to become effective on or after
the effective date of this Act,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the head of the Fed-
eral agency to which such functions are transferred under
this Act or other authorized official, a court of competent
jurisdiction, or by operation of law.
(b) PROCEEDINGS NOT AFFECTED.—(1) The provi-
sions of this Act shall not affect any proceedings, includ-
ing notices of proposed rule making, or any application
for any license, permit, certificate, or financial assistance
pending on the effective date of this Act before the De-
partment of Commerce or the Office of the United States
Trade Representative, or any office thereof with respect
to functions transferred by this Act, but such proceedings
or applications, to the extent that they relate to functions
transferred, shall be continued. Orders shall be issued in
such proceedings, appeals shall be taken therefrom, and
payments shall be made under such orders, as if this Act
had not been enacted, and orders issued in any such pro-
ceedings shall continue in effect until modified, termi-
nated, superseded, or revoked by the head of the Federal
agency to which such functions are transferred by this
Act, by a court of competent jurisdiction, or by operation
of law. Nothing in this subsection prohibits the discontinu-
ance or modification of any such proceeding under the
same terms and conditions and to the same extent that
such proceeding could have been discontinued or modified
if this Act had not been enacted.
(2) The Secretary of Commerce, the United States
Trade Representative, and the head of each Federal agen-
cy to which functions are transferred by this Act are au-
thorized to issue regulations providing for the orderly
transfer of proceedings continued under paragraph (1).
(c) ADMINISTRATIVE ACTIONS RELATING TO PRO-
MULGATION OF RULES.—Any administrative action relat-
ing to the preparation or promulgation of a regulation by
a Federal agency relating to a function transferred under
this Act may be continued by the Federal agency to which
such function is transferred with the same effect as if this
Act had not been enacted.
(d) SUITS NOT AFFECTED.—Except as provided in
subsection (e)—
(1) the provisions of this Act do not affect ac-
tions commenced prior to the effective date of this
Act, and
(2) in all such actions, proceedings shall be had,
appeals taken, and judgments rendered in the same
manner and effect as if this Act had not been en-
acted.
(e) NONABATEMENT
OF ACTIONS.—No action or
other proceeding commenced by or against any officer in
his official capacity as an officer of the Department of
Commerce or the Office of United States Trade Rep-
resentative with respect to functions transferred by this
Act shall abate by reason of the enactment of this Act.
No cause of action by or against the Department of Com-
merce or the Office of United States Trade Representative
with respect to functions transferred by this Act, or by
or against any officer thereof in his official capacity, shall
abate by reason of the enactment of this Act. Causes of
action and actions with respect to a function or office
transferred by this Act, or other proceedings may be as-
serted by or against the United States or an official of
the Federal agency to which such function or office is
transferred by this Act, as may be appropriate, and, in
an action pending when this Act takes effect, the court
may at any time, on its own motion or that of any party,
enter an order which will give effect to the provisions of
this subsection.
(f) FEDERAL OFFICIAL AS PARTY IN ACTION.—If,
before the date on which this Act takes effect, the Depart-
ment of Commerce or the Office of the United States
Trade Representative, or any officer thereof in his official
capacity, is a party to an action, and under this Act any
function of such Department, Office, or officer is trans-
ferred to a Federal agency, then such action shall be con-
tinued with the head of such agency substituted or added
as a party.
(g) JUDICIAL REVIEW.—Orders and actions of the
head of a Federal agency in the exercise of functions
transferred to the head of such agency by this Act shall
be subject to judicial review to the same extent and in
the same manner as if such orders and actions had been
by the Department of Commerce or the Office of the Unit-
ed States Trade Representative, or any office or officer
thereof, in the exercise of such functions immediately pre-
ceding their transfer. Any statutory requirements relating
to notice, hearings, action upon the record, or administra-
tive review that apply to any function transferred by this
Act shall apply to the exercise of such function by the head
of the Federal agency to which such function is trans-
ferred by this Act.
SEC. 306. REFERENCE.
With respect to any functions transferred by this Act
and exercised after the effective date of this Act, reference
in any other Federal law to—
(1) the Secretary of Commerce or the United
States Trade Representative; or
(2) the Department of Commerce or the Office
of the United States Trade Representative or any of-
ficer or office thereof,
shall be considered to refer to the head of the Federal
agency to whom such functions were transferred by this
Act.
SEC. 307. TRANSITION.
With the consent of the Secretary of Commerce or
the United States Trade Representative, as the case may
be, the head of each Federal agency to which functions
or offices are transferred by this Act is authorized to uti-
lize—
(1) the services of such officers, employees, and
other personnel of the Department of Commerce or
the Office of the United States Trade Representa-
tive, as the case may be, with respect to functions
or offices transferred to that agency by this Act; and
(2) funds appropriated to such functions or of-
fices for such period of time as may reasonably be
needed to facilitate the orderly implementation of
this Act.
SEC. 308. ADDITIONAL CONFORMING AMENDMENTS.
(a) IN GENERAL.—After consultation with the appro-
priate committees of the Congress and the Director of the
Office of Management and Budget, the head of each agen-
cy to which functions are transferred under this Act shall
prepare and submit to the Congress recommended legisla-
tion containing technical and conforming amendments to
reflect the changes made by this Act.
(b) SUBMISSION.—No later than 6 months after the
effective date of this Act, each such agency head shall sub-
mit the recommended legislation referred to under sub-
section (a).
TITLE IV—MISCELLANEOUS
SEC. 401. EFFECTIVE DATE.
(a) IN GENERAL.—This Act shall take effect 120
days after the date of the enactment of this Act, except
that—
(1) section 307 shall take effect on such date
of enactment; and
(2) at any time after the date of the enactment
of this Act—
(A) the officers provided for in title II of
this Act may be nominated and appointed, as
provided in such titles; and
(B) the Secretary of Commerce, the United
States Trade Representative, and the head of
each Federal agency to which functions are
transferred by this Act may promulgate regula-
tions under section 305(b)(2).
(b) INTERIM
COMPENSATION
AND
EXPENSES.—
Funds available to the Department of Commerce or the
Office of the United States Trade Representative (or any
official or component thereof), with respect to the func-
tions transferred by this Act, may be used, with approval
of the Director of the Office of Management and Budget,