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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-
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-
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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-
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
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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-
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.
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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.
(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
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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;
(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—
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(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.
(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.
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(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-
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
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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
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.
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(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
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).
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(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-
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.
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(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;
(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.
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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
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
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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
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-
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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) 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
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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
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-
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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;
(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
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(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-
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
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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
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.
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(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.
(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
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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
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—
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(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).
(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
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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.
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.
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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:
(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.
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(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.
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:
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‘‘(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.
(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.’’.
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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.
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;
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(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—
(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
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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-
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
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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.
(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
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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
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
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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
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.
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(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-
pensation for work injuries, and chapter 171 of title 28,
United States Code, relating to tort claims.
(e) FOREIGN SERVICE POSITIONS.—In order to as-
sure United States representation in trade matters at a
level commensurate with the level of representation main-
tained by industrial nations which are major trade com-
petitors of the United States, the Secretary of State shall
classify certain positions at Foreign Service posts as com-
mercial minister positions and shall assign members of the
Foreign Service performing functions of the Office, with
the concurrence of the USTR, to such positions in nations
which are major trade competitors of the United States.
The Secretary of State shall obtain and use the rec-
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ommendations of the USTR with respect to the number
of positions to be so classified under this subsection.
SEC. 17342. DELEGATION AND ASSIGNMENT.
Except where otherwise expressly prohibited by law
or otherwise provided by this subtitle, the USTR may dele-
gate any of the functions transferred to the USTR by this
subtitle and any function transferred or granted to the
USTR after the effective date of this subtitle to such offi-
cers and employees of the Office as the USTR may des-
ignate, and may authorize successive redelegations of such
functions as may be necessary or appropriate. No delega-
tion of functions by the USTR under this section or under
any other provision of this subtitle shall relieve the USTR
of responsibility for the administration of such functions.
SEC. 17343. SUCCESSION.
(a) ORDER OF SUCCESSION.—Subject to the author-
ity of the President, and except as provided in section
17321(b), the USTR shall prescribe the order by which
officers of the Office 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 USTR or any
other officer of the Office appointed by the President, by
and with the advice and consent of the Senate, during the
absence or disability of the USTR or such other officer,
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or in the event of a vacancy in the office of the USTR
or such other officer.
(b) CONTINUATION.—Notwithstanding any other pro-
vision of law, and unless the President directs otherwise,
an individual acting for the USTR or another officer of
the Office pursuant to subsection (a) shall continue to
serve in that capacity until the absence or disability of
the USTR or such other officer no longer exists or a suc-
cessor to the USTR or such other officer has been ap-
pointed by the President and confirmed by the Senate.
SEC. 17344. REORGANIZATION.
(a) IN GENERAL.—Subject to subsection (b), the
USTR is authorized to allocate or reallocate functions
among the officers of the Office, and to establish, consoli-
date, alter, or discontinue such organizational entities in
the Office as may be necessary or appropriate.
(b) EXCEPTION.—The USTR may not exercise the
authority under subsection (a) to establish, consolidate,
alter, or discontinue any organizational entity in the Office
or allocate or reallocate any function of an officer or em-
ployee of the Office that is inconsistent with any specific
provision of this subtitle.
SEC. 17345. RULES.
The USTR is authorized to prescribe, in accordance
with the provisions of chapters 5 and 6 of title 5, United
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States Code, such rules and regulations as the USTR de-
termines necessary or appropriate to administer and man-
age the functions of the USTR or the Office.
SEC. 17346. FUNDS TRANSFER.
The USTR may, when authorized in an appropriation
Act in any fiscal year, transfer funds from one appropria-
tion to another within the Office, except that no appro-
priation for any fiscal year shall be either increased or
decreased by more than 10 percent and no such transfer
shall result in increasing any such appropriation above the
amount authorized to be appropriated therefor.
SEC. 17347. CONTRACTS, GRANTS, AND COOPERATIVE
AGREEMENTS.
(a) IN GENERAL.—Subject to the provisions of the
Federal Property and Administrative Services Act of
1949, the USTR may make, enter into, and perform such
contracts, 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
USTR considers necessary or appropriate to carry out the
functions of the USTR or the Office.
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(b) EXCEPTION.—Notwithstanding any other provi-
sion of this subtitle, the authority to enter into contracts
or to make payments under this subchapter shall be effec-
tive only to such extent or in such amounts as are provided
in advance in appropriation Acts. This subsection does not
apply with respect to the authority granted under section
17349.
SEC. 17348. USE OF FACILITIES.
(a) USE BY USTR.—With their consent, the USTR,
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 USTR or the Office.
(b) USE OF USTR FACILITIES.—The USTR, under
terms, at rates, and for periods that the USTR considers
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to be in the public interest, may permit the use by public
and private agencies, corporations, associations or other
organizations, or individuals, of any real property, or any
facility, structure or other improvement thereon, under the
custody of the USTR. The USTR may require permittees
under this section to maintain or recondition, at their own
expense, the real property, facilities, structures, and im-
provements used by such permittees.
SEC. 17349. GIFTS AND BEQUESTS.
(a) IN GENERAL.—The USTR is authorized to ac-
cept, hold, administer, and utilize gifts and bequests of
property, both real and personal, for the purpose of aiding
or facilitating the work of the Office. Gifts and bequests
of money and the proceeds from sales of other property
received as gifts or bequests shall be deposited in the Unit-
ed States Treasury in a separate fund and shall be dis-
bursed on order of the USTR. Property accepted pursuant
to this subsection, and the proceeds thereof, shall be used
as nearly as possible in accordance with the terms of the
gift or bequest.
(b) TAX TREATMENT.—For the purpose of Federal
income, estate, and gift taxes, and State taxes, property
accepted under subsection (a) shall be considered a gift
or bequest to or for the use of the United States.
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(c) INVESTMENT.—Upon the request of the USTR,
the Secretary of the Treasury may invest and reinvest in
securities of the United States or in securities guaranteed
as to principal and interest by the United States any mon-
eys contained in the fund provided for in subsection (a).
Income accruing from such securities, and from any other
property held by the USTR pursuant to subsection (a),
shall be deposited to the credit of the fund, and shall be
disbursed upon order of the USTR.
SEC. 17350. WORKING CAPITAL FUND.
(a) ESTABLISHMENT.—The USTR is authorized to
establish for the Office a working capital fund, to be avail-
able without fiscal year limitation, for expenses necessary
for the maintenance and operation of such common ad-
ministrative services as the USTR shall find to be desir-
able 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 Office and its compo-
nents;
(2) central messenger, mail, and telephone serv-
ice and other communications services;
(3) office space and central services for docu-
ment reproduction and for graphics and visual aids;
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(4) a central library service; and
(5) such other services as may be approved by
the Director of the Office of Management and Budg-
et.
(b) OPERATION OF FUND.—The capital of the fund
shall consist of any appropriations made for the purpose
of providing working capital and the fair and reasonable
value of such stocks of supplies, equipment, and other as-
sets and inventories on order as the USTR may transfer
to the fund, less the related liabilities and unpaid obliga-
tions. The fund shall be reimbursed in advance from avail-
able funds of agencies and offices in the Office, or from
other sources, for supplies and services at rates which will
approximate the expense of operation, including the ac-
crual 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 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 the fund. There
shall be transferred to the fund the stocks of supplies,
equipment, other assets, liabilities, and unpaid obligations
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relating to those services which the USTR determines will
be performed.
SEC. 17351. SERVICE CHARGES.
(a) AUTHORITY.—Notwithstanding any other provi-
sion of law, the USTR may establish reasonable fees and
commissions with respect to applications, documents,
awards, loans, grants, research data, services, and assist-
ance administered by the Office, and the USTR may
change and abolish such fees and commissions. Before es-
tablishing, changing, or abolishing any schedule of fees or
commissions under this section, the USTR may submit
such schedule to the Congress.
(b) DEPOSITS.—The USTR is authorized to require
a deposit before the USTR provides any item, information,
service, or assistance for which a fee or commission is re-
quired under this section.
(c) DEPOSIT OF MONEYS.—Moneys received under
this section shall be deposited in the Treasury in a special
account for use by the USTR and are authorized to be
appropriated and made available until expended.
(d) FACTORS IN ESTABLISHING FEES AND COMMIS-
SIONS.—In establishing reasonable fees or commissions
under this section, the USTR may take into account—
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(1) the actual costs which will be incurred in
providing the items, information, services, or assist-
ance concerned;
(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 rather than exclusively for the person
to whom the items, information, services, or assist-
ance is provided;
(4) any public service which occurs through the
provision of such items, information, services, or as-
sistance; and
(5) such other factors as the USTR considers
appropriate.
(e) REFUNDS OF EXCESS PAYMENTS.—In any case
in which the USTR determines 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 USTR, upon application or other-
wise, may cause a refund to be made from applicable
funds.
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SEC. 17352. SEAL OF OFFICE.
The USTR shall cause a seal of office to be made
for the Office of such design as the USTR shall approve.
Judicial notice shall be taken of such seal.
Subchapter E—Related Agencies
SEC. 17361. INTERAGENCY TRADE ORGANIZATION.
Section 242(a)(3) of the Trade Expansion Act of
1962 (19 U.S.C. 1872(a)(3)) is amended to read as fol-
lows:
‘‘(3)(A) The interagency organization estab-
lished under subsection (a) shall be composed of—
‘‘(i) the United States Trade Representa-
tive, who shall be the chairperson,
‘‘(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 United States
Trade Representative shall designate.
‘‘(B) The United States Trade Representative
may invite representatives from other agencies, as
appropriate, to attend particular meetings if subject
matters of specific functional interest to such agen-
cies are under consideration. It shall meet at such
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times and with respect to such matters as the Presi-
dent or the chairperson shall direct.’’.
SEC. 17362. NATIONAL SECURITY COUNCIL.
The fourth paragraph of section 101(a) of the Na-
tional Security Act of 1947 (50 U.S.C. 402(a)) is amend-
ed—
(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 United States Trade Representative;’’.
SEC. 17363. INTERNATIONAL MONETARY FUND.
Section 3 of the Bretton Woods Agreement Act is
amended by adding at the end the following new sub-
section:
‘‘(e) The United States executive director of the Fund
shall consult with the United States Trade Representative
with respect to matters under consideration by the Fund
which relate to trade.’’.
Subchapter F—Conforming Amendments
SEC. 17371. AMENDMENTS TO GENERAL PROVISIONS.
(a) INSPECTOR GENERAL.—The Inspector General
Act of 1978 is amended—
(1) in subsection 9(a)(1) by inserting after sub-
paragraph (W) the following:
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‘‘(X) of the United States Trade Rep-
resentative, all functions of the Inspector Gen-
eral of the Department of Commerce and the
Office of the Inspector General of the Depart-
ment of Commerce relating to the functions
transferred to the United States Trade Rep-
resentative by section 17332 of the Department
of Commerce Dismantling Act; and’’; and
(2) in section 11—
(A) in paragraph (1) by inserting ‘‘the
United States Trade Representative;’’ after
‘‘the Attorney General;’’; and
(B) in paragraph (2) by inserting ‘‘the Of-
fice of the United States Trade Representa-
tive,’’ after ‘‘Treasury;’’.
(b) AMENDMENT TO THE TRADE ACT OF 1974.—(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 UNITED STATES TRADE REP-
RESENTATIVE.
‘‘The United States Trade Representative established
under section 17311 of the Department of Commerce Dis-
mantling Act shall—
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‘‘(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, or any other provision of law enacted
after the Department of Commerce Dismantling Act;
‘‘(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, section 350 of the Tariff Act of
1930, and any other provision of law enacted after
the Department of Commerce Dismantling Act;
‘‘(3) advise the President and the Congress
with respect to nontariff barriers to international
trade, international commodity agreements, and
other matters which are related to the trade agree-
ments programs; and
‘‘(4) be responsible for making reports to Con-
gress with respect to the matters set forth in para-
graphs (1) and (2).’’.
(2) The table of contents in the first section of the
Trade Act of 1974 is amended by striking the items relat-
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ing to chapter 4 and section 141 and inserting the follow-
ing:
‘‘CHAPTER 4—REPRESENTATION IN TRADE NEGOTIATIONS
‘‘Sec. 141. Functions of the United States Trade Representative.’’.
(d) FOREIGN SERVICE PERSONNEL.—The Foreign
Service Act of 1980 is amended by striking paragraph (3)
of section 202(a) (22 U.S.C. 3922(a)) and inserting the
following:
‘‘(3) The United States Trade Representative
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 United States Trade Rep-
resentative by section 17332 of the De-
partment of Commerce Dismantling Act;
and
‘‘(B) with respect to other personnel of the
Office of United States Trade Representative to
the extent the President determines to be nec-
essary in order to enable the Office of the Unit-
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ed States Trade Representative to carry out
functions which require service abroad.’’.
(e) CHIEF FINANCIAL OFFICERS.—Section 901(b)(1)
of title 31, United States Code, is amended by adding at
the end the following:
‘‘(Q) The Office of the United States
Trade Representative.’’.
SEC. 17372. REPEALS.
Sections 1 and 2 of the Act of June 5, 1939 (15
U.S.C. 1502 and 1503; 53 Stat. 808), relating to the
Under Secretary of Commerce, are repealed.
SEC. 17373. CONFORMING AMENDMENTS RELATING TO EX-
ECUTIVE SCHEDULE POSITIONS.
(a) POSITIONS AT LEVEL I.—Section 5312 of title
5, United States Code, is amended by amending the item
relating to the United States Trade Representative to read
as follows:
‘‘United States Trade Representative, Office of
the United States Trade Representative.’’.
(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 Office of the
United States Trade Representative.
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‘‘Deputy United States Trade Representatives,
Office of the United States Trade Representative
(2).’’.
(c) POSITIONS AT LEVEL III.—Section 5314 of title
5, United States Code, is amended by adding at the end
the following:
‘‘Assistant Administrators, Office of the United
States Trade Representative (3).
‘‘Director General for Export Promotion, Office
of the United States Trade Representative.’’.
(d) POSITIONS AT LEVEL IV.—Section 5315 of title
5, United States Code, is amended—
(1) by striking the item relating to the Assist-
ant Secretary of Commerce and Director General of
the United States and Foreign Commercial Service;
and
(2) by adding at the end the following:
‘‘General Counsel, Office of the United States
Trade Representative.
‘‘Inspector General, Office of the United States
Trade Representative.
‘‘Chief Financial Officer, Office of the United
States Trade Representative.’’.
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Subchapter G—Miscellaneous
SEC. 17381. EFFECTIVE DATE.
(a) IN GENERAL.—This subtitle shall take effect on
the effective date specified in section 17209(a), except
that—
(1) section 17336 shall take effect on the date
of the enactment of this Act; and
(2) at any time after the date of the enactment
of this Act the officers provided for in subchapter B
may be nominated and appointed, as provided in
such subchapter.
(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 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
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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-
gated or expended by the United States in performing all
functions vested in the USTR and the Office pursuant to
this subtitle may not exceed 75 percent of the total
amount obligated or expended by the United States in per-
forming all such functions for fiscal year 1995.
(b) EXCEPTION.—Subsection (a) shall not apply to
obligations or expenditures incurred as a direct con-
sequence of the termination, transfer, or other disposition
of functions described in subsection (a) pursuant to this
title.
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(c) RULE
OF CONSTRUCTION.—This section shall
take precedence over any other provision of law unless
such provision explicitly refers to this section and makes
an exception to it.
(d) RESPONSIBILITIES OF THE DIRECTOR OF THE
OFFICE OF MANAGEMENT AND BUDGET.—The Director
of the Office of Management and Budget shall—
(1) ensure compliance with the requirements of
this section; and
(2) include in each report under sections
17106(a) and (b) a description of actions taken to
comply with such requirements.
Subtitle D—Patent and Trademark
Office Corporation
SEC. 17401. SHORT TITLE.
This subtitle may be cited as the ‘‘Patent and Trade-
mark Office Corporation Act of 1995’’.
CHAPTER 1—PATENT AND TRADEMARK
OFFICE
SEC. 17411. ESTABLISHMENT OF PATENT AND TRADEMARK
OFFICE AS A CORPORATION.
Section 1 of title 35, United States Code, is amended
to read as follows:
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‘‘§ 1. Establishment
‘‘(a) ESTABLISHMENT.—The Patent and Trademark
Office is established as a wholly owned Government cor-
poration subject to chapter 91 of title 31, except as other-
wise provided in this title.
‘‘(b) OFFICES.—The Patent and Trademark Office
shall maintain an office in the District of Columbia, or
the metropolitan area thereof, for the service of process
and papers and shall be deemed, for purposes of venue
in civil actions, to be a resident of the district in which
its principal office is located. The Patent and Trademark
Office may establish offices in such other places as it con-
siders necessary or appropriate in the conduct of its busi-
ness.
‘‘(c) REFERENCE.—For purposes of this title, the
Patent and Trademark Office shall also be referred to as
the ‘Office’.’’.
SEC. 17412. POWERS AND DUTIES.
Section 2 of title 35, United States Code, is amended
to read as follows:
‘‘§ 2. Powers and Duties
‘‘(a) IN GENERAL.—The Patent and Trademark Of-
fice shall be responsible for—
‘‘(1) the granting and issuing of patents and
the registration of trademarks;
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‘‘(2) conducting studies, programs, or ex-
changes of items or services regarding domestic and
international patent and trademark law or the ad-
ministration of the Office, including programs to
recognize, identify, assess, and forecast the tech-
nology of patented inventions and their utility to in-
dustry;
‘‘(3) authorizing or conducting studies and pro-
grams cooperatively with foreign patent and trade-
mark offices and international organizations, in con-
nection with the granting and issuing of patents and
the registration of trademarks; and
‘‘(4) disseminating to the public information
with respect to patents and trademarks.
‘‘(b) SPECIFIC POWERS.—The Office—
‘‘(1) shall have perpetual succession;
‘‘(2) shall adopt and use a corporate seal, which
shall be judicially noticed and with which letters pat-
ent, certificates of trademark registrations, and pa-
pers issued by the Office shall be authenticated;
‘‘(3) may sue and be sued in its corporate name
and be represented by its own attorneys in all judi-
cial and administrative proceedings, subject to the
provisions of section 8 of this title;
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‘‘(4) may indemnify the Commissioner of Pat-
ents and Trademarks, and other officers, attorneys,
agents, and employees (including members of the
Management Advisory Board established in section
5) of the Office for liabilities and expenses incurred
within the scope of their employment;
‘‘(5) may adopt, amend, and repeal bylaws,
rules, and regulations, governing the manner in
which its business will be conducted and the powers
granted to it by law will be exercised;
‘‘(6) may acquire, construct, purchase, lease,
hold, manage, operate, improve, alter, and renovate
any real, personal, or mixed property, or any interest
therein, as it considers necessary to carry out its
functions;
‘‘(7)(A) may make such purchases, contracts
for the construction, maintenance, or management
and operation of facilities, and contracts for supplies
or services, without regard to section 111 of the
Federal Property and Administrative Services Act of
1949 (40 U.S.C. 759); and
‘‘(B) may enter into and perform such pur-
chases and contracts for printing services, including
the process of composition, platemaking, presswork,
silk screen processes, binding, microform, and the
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products of such processes, as it considers necessary
to carry out the functions of the Office, without re-
gard to sections 501 through 517 and 1101 through
1123 of title 44;
‘‘(8) may use, with their consent, services,
equipment, personnel, and facilities of other depart-
ments, agencies, and instrumentalities of the Fed-
eral Government, on a reimbursable basis, and co-
operate with such other departments, agencies, and
instrumentalities in the establishment and use of
services, equipment, and facilities of the Office;
‘‘(9) may obtain from the Administrator of
General Services such services as the Administrator
is authorized to provide to other agencies of the
United States, on the same basis as those services
are provided to other agencies of the United States;
‘‘(10) may use, with the consent of the United
States and the agency, government, or international
organization concerned, the services, records, facili-
ties, or personnel of any State or local government
agency or instrumentality or foreign government or
international organization to perform functions on
its behalf;
‘‘(11) may determine the character of and the
necessity for its obligations and expenditures and
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the manner in which they shall be incurred, allowed,
and paid, subject to the provisions of this title and
the Act of July 5, 1946 (commonly referred to as
the ‘Trademark Act of 1946’);
‘‘(12) may retain and use all of its revenues
and receipts, including revenues from the sale, lease,
or disposal of any real, personal, or mixed property,
or any interest therein, of the Office, in carrying out
the functions of the Office, including for research
and development and capital investment, subject to
the provisions of section 10101 of the Omnibus
Budget Reconciliation Act of 1990 (35 U.S.C. 41
note);
‘‘(13) shall have the priority of the United
States with respect to the payment of debts from
bankrupt, insolvent, and decedents’ estates;
‘‘(14) may accept monetary gifts or donations
of services, or of real, personal, or mixed property,
in order to carry out the functions of the Office;
‘‘(15) may execute, in accordance with its by-
laws, rules, and regulations, all instruments nec-
essary and appropriate in the exercise of any of its
powers;
‘‘(16) may provide for liability insurance and
insurance against any loss in connection with its
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property, other assets, or operations either by con-
tract or by self-insurance; and
‘‘(17) shall pay any settlement or judgment en-
tered against it from the funds of the Office and not
from amounts available under section 1304 of title
31.’’.
SEC. 17413. ORGANIZATION AND MANAGEMENT.
Section 3 of title 35, United States Code, is amended
to read as follows:
‘‘§ 3. Officers and employees
‘‘(a) COMMISSIONER.—
‘‘(1) IN
GENERAL.—The management of the
Patent and Trademark Office shall be vested in a
Commissioner of Patents and Trademarks (hereafter
in this title referred to as the ‘Commissioner’), who
shall be a citizen of the United States and who shall
be appointed by the President, by and with the ad-
vice and consent of the Senate. The Commissioner
shall be a person who, by reason of professional
background and experience in patent and trademark
law, is especially qualified to manage the Office.
‘‘(2) DUTIES.—
‘‘(A) IN
GENERAL.—The Commissioner
shall be responsible for the management and di-
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rection of the Office, including the issuance of
patents and the registration of trademarks.
‘‘(B) ADVISING
THE
PRESIDENT.—The
Commissioner shall advise the President of all
activities of the Patent and Trademark Office
undertaken in response to obligations of the
United States under treaties and executive
agreements, or which relate to cooperative pro-
grams with those authorities of foreign govern-
ments that are responsible for granting patents
or registering trademarks. The Commissioner
shall also recommend to the President changes
in law or policy which may improve the ability
of United States citizens to secure and enforce
patent rights or trademark rights in the United
States or in foreign countries.
‘‘(C) CONSULTING
WITH
THE
MANAGE-
MENT
ADVISORY
BOARD.—The Commissioner
shall consult with the Management Advisory
Board established in section 5 on a regular
basis on matters relating to the operation of the
Patent and Trademark Office, and shall consult
with the Board before submitting budgetary
proposals to the Office of Management and
Budget or changing or proposing to change pat-
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ent or trademark user fees or patent or trade-
mark regulations.
‘‘(D) SECURITY CLEARANCES.—The Com-
missioner, in consultation with the Director of
the Office of Personnel Management, shall
maintain a program for identifying national se-
curity positions and providing for appropriate
security clearances.
‘‘(3) TERM.—The Commissioner shall serve a
term of 5 years, and may continue to serve after the
expiration of the Commissioner’s term until a suc-
cessor is appointed and assumes office. The Com-
missioner may be reappointed to subsequent terms.
‘‘(4) OATH.—The Commissioner shall, before
taking office, take an oath to discharge faithfully the
duties of the Office.
‘‘(5) COMPENSATION.—The Commissioner shall
receive compensation at the rate of pay in effect for
Level III of the Executive Schedule under section
5314 of title 5.
‘‘(6) REMOVAL.—The Commissioner may be re-
moved from office by the President only for cause.
‘‘(7) DESIGNEE OF COMMISSIONER.—The Com-
missioner shall designate an officer of the Office who
shall be vested with the authority to act in the ca-
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pacity of the Commissioner in the event of the ab-
sence or incapacity of the Commissioner.
‘‘(b) OFFICERS AND EMPLOYEES OF THE OFFICE.—
‘‘(1) DEPUTY COMMISSIONERS.—The Commis-
sioner shall appoint a Deputy Commissioner for Pat-
ents and a Deputy Commissioner for Trademarks
for terms that shall expire on the date on which the
Commissioner’s term expires. The Deputy Commis-
sioner for Patents shall be a person with dem-
onstrated experience in patent law and the Deputy
Commissioner for Trademarks shall be a person with
demonstrated experience in trademark law. The
Deputy Commissioner for Patents and the Deputy
Commissioner for Trademarks shall be the principal
policy advisors to the Commissioner on all aspects of
the activities of the Office that affect the adminis-
tration of patent and trademark operations, respec-
tively.
‘‘(2) OTHER OFFICERS AND EMPLOYEES.—The
Commissioner shall—
‘‘(A) appoint an Inspector General and
such other officers, employees (including attor-
neys), and agents of the Office as the Commis-
sioner considers necessary to carry out its func-
tions;
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‘‘(B) fix the compensation of such officers
and employees; and
‘‘(C) define the authority and duties of
such officers and employees and delegate to
them such of the powers vested in the Office as
the Commissioner may determine.
The Office shall not be subject to any administra-
tively or statutorily imposed limitation on positions
or personnel, and no positions or personnel of the
Office shall be taken into account for purposes of
applying any such limitation, except to the extent
otherwise specifically provided by statute with re-
spect to the Office.
‘‘(c) LIMITS ON COMPENSATION.—Except as other-
wise provided in this title or any other provision of law,
the basic pay of an officer or employee of the Office for
any calendar year may not exceed the annual rate of basic
pay in effect for level IV of the Executive Schedule under
section 5315 of title 5. The Commissioner shall by regula-
tion establish a limitation on the total compensation pay-
able to officers or employees of the Office, which may not
exceed the annual rate of basic pay in effect for level I
of the Executive Schedule under section 5312 of title 5.
‘‘(d) INAPPLICABILITY OF TITLE 5 GENERALLY.—
Except as otherwise provided in this section, officers and
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employees of the Office shall not be subject to the provi-
sions of title 5 relating to Federal employees.
‘‘(e) CONTINUED APPLICABILITY OF CERTAIN PRO-
VISION OF TITLE 5.—The following provisions of title 5
shall apply to the Office and its officers and employees:
‘‘(1) Section 3110 (relating to employment of
relatives; restrictions).
‘‘(2) Subchapter II of chapter 55 (relating to
withholding pay).
‘‘(3) Subchapter II of chapter 73 (relating to
employment limitations).
‘‘(f) PROVISIONS OF TITLE 5 RELATING TO CERTAIN
BENEFITS.—
‘‘(1) RETIREMENT.—(A)(i) Any individual who
becomes an officer or employee of the Office pursu-
ant to subsection (h) shall, if such individual has at
least 3 years of creditable service (within the mean-
ing of section 8332 or 8411 of title 5) as of the ef-
fective date of the Patent and Trademark Office
Corporation Act of 1995, remain subject to sub-
chapter III of chapter 83 or chapter 84 of such title,
as the case may be, so long as such individual con-
tinues to hold an office or position in or under the
Office without a break in service.
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‘‘(ii)(I) Except as provided in subclause (II),
with respect to an individual described in clause (i),
the Office shall make the appropriate withholding
from pay and shall pay the contributions required of
an employing agency into the Civil Service Retire-
ment and Disability Fund and, if applicable, the
Thrift Savings Fund in accordance with applicable
provisions of subchapter III of chapter 83 or chapter
84 of title 5, as the case may be.
‘‘(II) In the case of an officer or employee who
remains subject to subchapter III of chapter 83 of
such title by virtue of this subparagraph, the Office
shall, instead of the amount which would otherwise
be required under the second sentence of section
8334(a)(1) of title 5, contribute an amount equal to
the normal-cost percentage (determined with respect
to officers and employees of the Office using dy-
namic assumptions, as defined by section 8401(9) of
such title) of the individual’s basic pay, minus the
amount required to be withheld from such pay under
such section 8334(a)(1).
‘‘(B)(i) Notwithstanding subsection (d), the
provisions of subchapter III of chapter 83 or chapter
84 of title 5 (as applicable) which relate to disability
shall be considered to remain in effect, with respect
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to an individual who becomes an officer or employee
of the Office pursuant to subsection (h), until the
end of the 2-year period beginning on the effective
date of the Patent and Trademark Office Corpora-
tion Act of 1995 or, if earlier, until such individual
satisfies the prerequisites for coverage under any
program offered by the Office to replace the disabil-
ity retirement program under chapter 83 or 84 of
title 5.
‘‘(ii) This clause applies with respect to any of-
ficer or employee of the Office who is receiving dis-
ability coverage under this subparagraph and has
completed the service requirement specified in the
first sentence of section 8337(a) or 8451(a)(1)(A) of
title 5 (as applicable), but who is not described in
subparagraph (A)(i). In the case of any individual to
whom this clause applies, the Office shall pay into
the Civil Service Retirement and Disability Fund an
amount equal to that portion of the normal-cost per-
centage (determined in the same manner as under
subparagraph (A)(ii)(II)) of the basic pay of such
individual (for service performed during the period
during which such individual is receiving such cov-
erage) allocable to such coverage. Any amounts pay-
able under this clause shall be paid at such time and
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in such manner as mutually agreed to by the Office
and the Office of Personnel Management, and shall
be in lieu of any individual or agency contributions
otherwise required.
‘‘(2) HEALTH BENEFITS.—(A) Officers and em-
ployees of the Office shall not become ineligible to
participate in the health benefits program under
chapter 89 of title 5 by reason of subsection (d)
until the effective date of elections made during the
first election period (under section 8905(f) of title 5)
beginning after the end of the 2-year period begin-
ning on the effective date of the the Patent and
Trademark Office Corporation Act of 1995.
‘‘(B)(i) With respect to any individual who be-
comes an officer or employee of the Office pursuant
to subsection (h), the eligibility of such individual to
participate in such program as an annuitant (or of
any other person to participate in such program as
an annuitant based on the death of such individual)
shall be determined disregarding the requirements of
section 8905(b) of title 5. The preceding sentence
shall not apply if the individual ceases to be an offi-
cer or employee of the Office for any period of time
after becoming an officer or employee of the Office
pursuant to subsection (h) and before separation.
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‘‘(ii) The Government contributions authorized
by section 8906 for health benefits for anyone par-
ticipating in the health benefits program pursuant to
this subparagraph shall be made by the Office in the
same manner as provided under section 8906(g)(2)
of title 5 with respect to the United States Postal
Service for individuals associated therewith.
‘‘(iii) For purposes of this subparagraph, the
term ‘annuitant’ has the meaning given such term
by section 8901(3) of title 5.
‘‘(3) LIFE INSURANCE.—(A) Officers and em-
ployees of the Office shall not become ineligible to
participate in the life insurance program under
chapter 87 of title 5 by reason of subsection (d)
until the first day after the end of the 2-year period
beginning on the effective date of the the Patent and
Trademark Office Corporation Act of 1995.
‘‘(B)(i) Eligibility for life insurance coverage
after retirement or while in receipt of compensation
under subchapter I of chapter 81 of title 5 shall be
determined, in the case of any individual who be-
comes an officer or employee of the Office pursuant
to subsection (h), without regard to the require-
ments of section 8706(b) (1) or (2), but subject to
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the condition specified in the last sentence of para-
graph (2)(B)(i) of this subsection.
‘‘(ii) Government contributions under section
8708(d) on behalf of any such individual shall be
made by the Office in the same manner as provided
under paragraph (3) thereof with respect to the
United States Postal Service for individuals associ-
ated therewith.
‘‘(4) EMPLOYEES’ COMPENSATION FUND.—The
Office shall remain responsible for reimbursing the
Employees’ Compensation Fund, pursuant to section
8147 of title 5, for compensation paid or payable
after the effective date of the Patent and Trademark
Office Corporation Act of 1995 in accordance with
chapter 81 of title 5 with regard to any injury, dis-
ability, or death due to events arising before such
date, whether or not a claim has been filed or is
final on such date.
‘‘(5) REQUIREMENT THAT THE OFFICE OFFER
CERTAIN MINIMUM NUMBER OF LIFE AND HEALTH
INSURANCE
POLICIES.—The Office shall offer at
least 1 life insurance policy and at least 3 health in-
surance policies to its officers and employees, com-
parable to existing Federal benefits, beginning on
the first day after the end of the 2-year period be-
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trol Act of 1974 is amended by striking ‘‘5-year’’ and in-
serting ‘‘Term of’’.
SEC. 20003. GENERAL STATEMENT AND DEFINITIONS.
(a) GENERAL STATEMENT.—Section 250(b) of the
Balanced Budget and Emergency Deficit Control Act of
1985 is amended by striking the first two sentences and
inserting the following: ‘‘This part provides for the en-
forcement of deficit reduction by reducing and extending
the discretionary spending limits though fiscal year 2002
and permanently extending pay-as-you-go requirements.’’.
(b) DEFINITIONS.—Section 250(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is
amended—
(1) by striking paragraph (4) and inserting the
following:
‘‘(4) The term ‘category’ means:
‘‘(A) For fiscal years 1996 through 2000,
all discretionary appropriations except those
subject to section 251A; and
‘‘(B) For fiscal year 2001 and any subse-
quent fiscal year, all discretionary appropria-
tions.’’;
(2) by striking paragraph (6) and inserting the
following: