I
104TH CONGRESS
1ST SESSION
H. R. 2124
To enhance the competitiveness of the United States in the global economy
through the establishment of the United States Trade Administration
as an independent establishment in the executive branch of the Govern-
ment.
IN THE HOUSE OF REPRESENTATIVES
JULY 27, 1995
Mr. MICA (for himself, Mr. CHRYSLER, Mr. ROGERS, Mr. GILMAN, Mr.
CLINGER, Mr. ROTH, Mr. MANZULLO, and Mr. PORTMAN) introduced the
following bill; which was referred to the Committee on Ways and Means,
and in addition to the Committees on International Relations, Banking
and Financial Services, and Government Reform and Oversight, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the commit-
tee concerned
A BILL
To enhance the competitiveness of the United States in the
global economy through the establishment of the United
States Trade Administration as an independent establish-
ment in the executive branch of the Government.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Trade Reorganization
Act of 1995’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—GENERAL PROVISIONS
Sec. 101. Findings.
Sec. 102. Definitions.
TITLE II—UNITED STATES TRADE ADMINISTRATION
Subtitle A—Establishment
Sec. 201. Establishment of the Administration.
Sec. 202. Functions of the USTR.
Subtitle B—Officers
Sec. 211. Deputy Administrator of the United States Trade Administration.
Sec. 212. Deputy United States Trade Representatives.
Sec. 213. Assistant Administrators.
Sec. 214. Director General for Export Promotion.
Sec. 215. General Counsel.
Sec. 216. Inspector General.
Sec. 217. Chief Financial Officer.
Subtitle C—Transfers to the Administration
Sec. 221. Office of the United States Trade Representative.
Sec. 222. Transfers from the Department of Commerce.
Sec. 223. Trade and Development Agency.
Subtitle D—Administrative Provisions
Sec. 231. Personnel provisions.
Sec. 232. Delegation and assignment.
Sec. 233. Succession.
Sec. 234. Reorganization.
Sec. 235. Rules.
Sec. 236. Funds transfer.
Sec. 237. Contracts, grants, and cooperative agreements.
Sec. 238. Use of facilities.
Sec. 239. Gifts and bequests.
Sec. 240. Working Capital Fund.
Sec. 241. Service charges.
Sec. 242. Professional Trade Service Corps.
Sec. 243. Seal of Department.
Subtitle E—Related Agencies
Sec. 251. Interagency Trade Organization.
Sec. 252. National Security Council.
Sec. 253. International Monetary Fund.
Sec. 254. General Services Administration.
Sec. 255. National Endowment for the Humanities.
Subtitle F—Conforming Amendments
Sec. 261. Amendments to general provisions.
Sec. 262. Repeals.
Sec. 263. Conforming amendments relating to Executive Schedule positions.
TITLE III—TRANSITIONAL, SAVINGS, AND CONFORMING
PROVISIONS
Sec. 301. Additional transfers.
Sec. 302. Transfer and allocations of appropriations and personnel.
Sec. 303. Incidental transfers.
Sec. 304. Effect on personnel.
Sec. 305. Savings provisions.
Sec. 306. Severability.
Sec. 307. Reference.
Sec. 308. Transition.
Sec. 309. Additional conforming amendments.
TITLE IV—MISCELLANEOUS
Sec. 401. Effective date.
Sec. 402. Interim appointments.
Sec. 403. Personnel and funding reductions resulting from reorganization.
Sec. 404. Authorization of appropriations.
TITLE I—GENERAL PROVISIONS
SEC. 101. FINDINGS.
The Congress finds that—
(1) principal national goals of the United States
are to—
(A) maintain United States leadership in
international trade liberalization and expansion
efforts;
(B) reinvigorate the ability of the United
States economy to compete in international
markets and to respond flexibly to changes in
international competition; and
(C) expand United States participation in
international trade through aggressive pro-
motion and marketing of American products
and services;
(2) the economy of the United States is so inex-
tricably linked with the international economic sys-
tem that all domestic economic sectors are influ-
enced by the dynamics of global trade and invest-
ment;
(3) the expansion of United States participation
in international trade will improve the general wel-
fare of the people of the United States by increasing
demand for American products and services, creat-
ing jobs, and increasing the gross national product;
(4) business, labor, and all levels of government
must place the highest priority on developing meth-
ods and policies to achieve the goals described in
paragraph (1), and the achievement of such goals is
dependent on a marked improvement in the capabil-
ity of United States businesses to compete in foreign
markets;
(5) the Federal Government can enhance the
capability of United States businesses to compete in
foreign markets by acting to—
(A) reduce trade barriers to sales and in-
vestments by such businesses;
(B) promote American goods and services
in foreign countries and encourage aggressive
participation by the private sector in the inter-
national marketplace; and
(C) promote and maintain an international
trade system that establishes open, transparent,
and fair trade rules and leads to the expansion
of United States trade;
(6) effective and efficient Government action to
enhance the capability of United States businesses
to compete in foreign markets requires coordination
of the development and implementation of Govern-
ment policies relating to the international trade in-
terests of the United States;
(7) effective and efficient Government action
with respect to international trade further requires
the employment of personnel consisting of individ-
uals who, like the personnel of the governments of
United States trading partners, are highly experi-
enced and educated in international trade operations
and negotiations;
(8) the present organizational structure of Gov-
ernment administration of international trade activi-
ties is too diffuse and leads to inconsistent and con-
flicting policies and actions;
(9) such inconsistent and contradictory policies
and actions inhibit domestic trade interests, create
trade opportunities for our international competi-
tors, and discourage experienced Government per-
sonnel from career service in international trade ac-
tivities;
(10) United States performance in international
trade is fundamentally linked to the competitiveness
of American industry in the world economy;
(11) improvements in the competitiveness of
United States industry, products, and services can
be aided by reducing traditional antagonisms among
government, industry, labor, and the public;
(12) a lack of analytical capability and knowl-
edge concerning the competitive position of Amer-
ican industries and foreign industries greatly ham-
pers or delays the ability of the United States to for-
mulate responsible trade policies and policies that
affect the international competitiveness of domestic
industries;
(13) the consolidation of Government functions
relating to international trade, including functions
relating to technical analysis, policymaking, inter-
national negotiation, and operational responsibilities,
into the United States Trade Administration shall
provide the needed elevation and coordination of
Government activity in international trade;
(14) the continued prosperity and overall com-
petitive posture of the United States calls for a deci-
sive and unified trade policy that vigorously pro-
motes an equitable international trade environment
in which the United States is able to compete fully
and fairly;
(15) continued United States leadership in the
world economy requires the formulation and imple-
mentation of a trade policy that is delineated and
understood by the rest of the world;
(16) establishing a decisive and unified trade
policy has become a number one priority of the Unit-
ed States;
(17) enhancing the process of consultation and
advice between the executive branch, the Congress,
and the private sector will assist in developing the
consensus on and support for the trade policy of the
United States;
(18) there is no one single agency or depart-
ment within the executive branch with overall re-
sponsibility for the development, coordination, imple-
mentation, and administration of the United States
trade policy, and the proliferation and division of
agencies within the executive branch have weakened
the overall leadership of the United States in inter-
national trade matters; and
(19) the economic well-being of the American
people will be substantially enhanced through the es-
tablishment of the United States Trade Administra-
tion.
SEC. 102. DEFINITIONS.
For purposes of this Act, unless otherwise provided
or indicated by the context—
(1) the term ‘‘Administration’’ means the Unit-
ed States Trade Administration;
(2) the term ‘‘Federal agency’’ has the meaning
given to the term ‘‘agency’’ by section 551(1) of title
5, United States Code;
(3) the term ‘‘function’’ means any duty, obli-
gation, power, authority, responsibility, right, privi-
lege, activity, or program;
(4) the term ‘‘office’’ includes any office, ad-
ministration, agency, institute, unit, organizational
entity, or component thereof; and
(5) the term ‘‘USTR’’ means the United States
Trade Representative as provided for under section
201.
TITLE II—UNITED STATES
TRADE ADMINISTRATION
Subtitle A—Establishment
SEC. 201. ESTABLISHMENT OF THE ADMINISTRATION.
(a) IN GENERAL.—There is established the United
States Trade Administration which shall be an independ-
ent establishment in the executive branch of Government
as defined under section 104 of title 5, United States
Code. The United States Trade Representative shall be
the Administrator of the United States Trade Administra-
tion 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 Administration.
SEC. 202. FUNCTIONS OF THE USTR.
(a) IN GENERAL.—In addition to the functions trans-
ferred to the USTR by this Act, 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 Act, 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
essary to assure the coordination of international
trade policy;
(6) seek and promote new opportunities for
United States products and services to compete in
the world marketplace;
(7) assist small businesses in developing export
markets;
(8) enforce the laws of the United States relat-
ing to trade;
(9) analyze economic trends and developments;
(10) report directly to the Congress—
(A) on the administration of, and matters
pertaining to, the trade agreements program
under the Omnibus Trade and Competitiveness
Act of 1988, the Trade Act of 1974, the Trade
Expansion Act of 1962, section 350 of the Tar-
iff Act of 1930, and any other provision of law
enacted after this Act; and
(B) with respect to other important issues
pertaining to international trade;
(11) keep each official adviser to the United
States delegations to international conferences,
meetings, and negotiation sessions relating to trade
agreements who is appointed from the Committee on
Finance of the Senate or the Committee on Ways
and Means of the House of Representatives under
section 161 of the Trade Act of 1974 currently in-
formed on United States negotiating objectives with
respect to trade agreements, the status of negotia-
tions in progress with respect to such agreements,
and the nature of any changes in domestic law or
the administration thereof which the USTR may
recommend to the Congress to carry out any trade
agreement;
(12) consult and cooperate with State and local
governments and other interested parties on inter-
national trade matters of interest to such govern-
ments and parties, and to the extent related to inter-
national trade matters, on investment matters, and,
when appropriate, hold informal public hearings;
(13) serve as the principal advisor to the Presi-
dent on government policies designed to contribute
to enhancing the ability of United States industry
and services to compete in international markets;
(14) develop recommendations for national
strategies and specific policies intended to enhance
the productivity and international competitiveness of
United States industries;
(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; and
(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.
(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
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.
Subtitle B—Officers
SEC. 
211. 
DEPUTY 
ADMINISTRATOR 
OF 
THE 
UNITED
STATES TRADE ADMINISTRATION.
(a) ESTABLISHMENT.—There shall be in the Admin-
istration the Deputy Administrator of the United States
Trade Administration, who shall be appointed by the
President, by and with the advice and consent of the Sen-
ate.
(b) 
ABSENCE, 
DISABILITY, 
OR
VACANCY
OF
USTR.—The Deputy Administrator of the United States
Trade Administration shall act for and exercise the func-
tions of the USTR during the absence or disability of the
USTR or in the event the office of the USTR becomes
vacant. The Deputy Administrator of the United States
Trade Administration shall act for and exercise the func-
tions 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 OF THE
UNITED STATES TRADE ADMINISTRATION.—The Deputy
Administrator of the United States Trade Administration
shall exercise all functions, under the direction of the
USTR, transferred to or established in the Administra-
tion, except those functions exercised by the Deputy Unit-
ed States Trade Representatives, the Inspector General,
and the General Counsel of the Administration, as pro-
vided by this Act.
SEC. 212. DEPUTY UNITED STATES TRADE REPRESENTA-
TIVES.
(a) ESTABLISHMENT.—There shall be in the Admin-
istration 2 Deputy United States Trade Representatives,
who shall be appointed by the President, by and with the
advice and consent of the Senate. The Deputy United
States Trade Representatives shall exercise all functions
under the direction 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 221 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. 213. ASSISTANT ADMINISTRATORS.
(a) ESTABLISHMENT.—There shall be in the Admin-
istration 3 Assistant Administrators, who shall be ap-
pointed by the President, by and with the advice and con-
sent of the Senate. The Assistant Administrators shall ex-
ercise all functions under the direction of the Deputy Ad-
ministrator of the United States Trade Administration
and include—
(1) the Assistant Administrator for Export Ad-
ministration;
(2) the Assistant Administrator for Import Ad-
ministration; and
(3) the Assistant Administrator for Trade and
Policy Analysis.
(b) FUNCTIONS OF ASSISTANT ADMINISTRATORS.—
(1) The Assistant Administrator for Export Administra-
tion shall exercise all functions transferred under section
222(1)(C).
(2) The Assistant Administrator for Import Adminis-
tration shall exercise all functions transferred under sec-
tion 222(1)(D).
(3) The Assistant Administrator for Trade and Policy
Analysis shall exercise all functions transferred under sec-
tion 222(1)(B) and all functions transferred under section
222(2).
SEC. 214. 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 222(1)(A)
(relating to functions of the United States and Foreign
Commercial Service performed in foreign nations) and 223
and shall have the rank and status of Ambassador.
SEC. 215. GENERAL COUNSEL.
There shall be in the Administration a General Coun-
sel, who shall be appointed by the President, by and with
the advice and consent of the Senate. The General Counsel
shall provide legal assistance to the USTR concerning the
activities, programs, and policies of the Administration.
SEC. 216. INSPECTOR GENERAL.
There shall be in the Administration an Inspector
General who shall be appointed in accordance with the In-
spector General Act of 1978, as amended by section
261(b) of this Act.
SEC. 217. CHIEF FINANCIAL OFFICER.
There shall be in the Administration a Chief Finan-
cial Officer who shall be appointed in accordance with sec-
tion 901 of title 31, United States Code, as amended by
section 261(e) of this Act. The Chief Financial Officer
shall perform all functions prescribed by the Deputy Ad-
ministrator of the United States Trade Administration,
under the direction of the Deputy Administrator.
Subtitle C—Transfers to the
Administration
SEC. 221. OFFICE OF THE UNITED STATES TRADE REP-
RESENTATIVE.
There are transferred to the USTR of the United
States Trade Administration 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. 222. 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 in foreign nations.
(B) The Assistant Secretary of Commerce
for International Economic Policy and the As-
sistant Secretary of Commerce for Trade Devel-
opment.
(C) The Under Secretary of Commerce for
Export Administration.
(D) The Assistant Secretary of Commerce
for Import Administration.
(2) All functions of the Secretary of Commerce
relating to the National Trade Data Bank.
SEC. 223. TRADE AND DEVELOPMENT AGENCY.
There are transferred to the USTR all functions of
the Director of the Trade and Development Agency. There
are transferred to the Administration all functions of the
Trade and Development Agency.
Subtitle D—Administrative
Provisions
SEC. 231. 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 Administration. Except as otherwise
provided by law, such officers and employees shall be ap-
pointed in accordance with the civil service laws and their
compensation 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 Administration
equal to the number of positions in that grade level which
were used primarily for the performance of functions and
offices transferred by this Act and which were assigned
and filled on the day before the effective date of this Act.
(2) Appointments to positions provided for under this
subsection may be made without regard to the provisions
of section 3324 of title 5, United States Code, if the indi-
vidual appointed in such position is an individual who is
transferred in connection with the transfer of functions
and offices under this Act and, on the day before the effec-
tive date of this Act, holds a position and has duties com-
parable to those of the position to which appointed under
this subsection.
(3) The authority under this subsection with respect
to any position established at a grade level above GS–15
shall terminate when the person first appointed to fill such
position ceases to hold such position.
(4) For purposes of section 414(a)(3)(A) of the Civil
Service Reform Act of 1978, an individual appointed
under this subsection shall be deemed to occupy the same
position as the individual occupied on the day before the
effective date of this Act.
(c) 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 at a grade level above GS–15
of the General Schedule under section 5332 of such title.
The USTR may pay experts and consultants who are serv-
ing away from their homes or regular place of business
travel expenses and per diem in lieu of subsistence at rates
authorized by sections 5702 and 5703 of such title for
persons in Government service employed intermittently.
(d) VOLUNTARY SERVICES.—(1)(A) The USTR is
authorized to accept voluntary and uncompensated serv-
ices without regard to the provisions of section 1342 of
title 31, United States Code, if such services will not be
used to displace Federal employees employed on a full-
time, part-time, or seasonal basis.
(B) The USTR is authorized to accept volunteer serv-
ice in accordance with the provisions of section 3111 of
title 5, United States Code.
(2) The USTR is authorized to provide for incidental
expenses, including but not limited to transportation, lodg-
ing, and subsistence for individuals who provide voluntary
services under subparagraph (A) or (B) of paragraph (1).
(3) An individual who provides voluntary services
under paragraph (1)(A) shall not be considered a Federal
employee for any purpose other than for purposes of chap-
ter 81 of title 5, United States Code, relating to com-
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 Administra-
tion, with the concurrence of the USTR, to such positions
in nations which are major trade competitors of the Unit-
ed States. The Secretary of State shall obtain and use the
recommendations of the USTR with respect to the number
of positions to be so classified under this subsection.
SEC. 232. DELEGATION AND ASSIGNMENT.
Except where otherwise expressly prohibited by law
or otherwise provided by this Act, the USTR may delegate
any of the functions transferred to the USTR by this Act
and any function transferred or granted to the USTR
after the effective date of this Act to such officers and
employees of the Administration 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 Act shall relieve the USTR of
responsibility for the administration of such functions.
SEC. 233. SUCCESSION.
(a) ORDER OF SUCCESSION.—Subject to the author-
ity of the President, and except as provided in section
211(b), the USTR shall prescribe the order by which offi-
cers of the Administration who are appointed by the Presi-
dent, 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 Administration appointed by the
President, by and with the advice and consent of the Sen-
ate, during the absence or disability of the USTR or such
other officer, 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 Administration pursuant to subsection (a) shall con-
tinue to serve in that capacity until the absence or disabil-
ity of the USTR or such other officer no longer exists or
a successor to the USTR or such other officer has been
appointed by the President and confirmed by the Senate.
SEC. 234. REORGANIZATION.
(a) IN GENERAL.—Subject to subsection (b), the
USTR is authorized to allocate or reallocate functions
among the officers of the Administration, and to establish,
consolidate, alter, or discontinue such organizational enti-
ties in the Administration as may be necessary or appro-
priate.
(b) EXCEPTION.—The USTR may not exercise the
authority under subsection (a) to establish, consolidate,
alter, or discontinue any organizational entity in the Ad-
ministration or allocate or reallocate any function of an
officer or employee of the Administration that is inconsist-
ent with any specific provision of this Act.
SEC. 235. RULES.
The USTR is authorized to prescribe, in accordance
with the provisions of chapters 5 and 6 of title 5, United
States Code, such rules and regulations as the USTR de-
termines necessary or appropriate to administer and man-
age the functions of the USTR or the Administration.
SEC. 236. 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 Administration, except that no
appropriation for any fiscal year shall be either increased
or decreased by more than 10 percent and no such trans-
fer shall result in increasing any such appropriation above
the amount authorized to be appropriated therefor.
SEC. 237. CONTRACTS, GRANTS, AND COOPERATIVE AGREE-
MENTS.
(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 Administration.
(b) EXCEPTION.—Notwithstanding any other provi-
sion of this Act, the authority to enter into contracts or
to make payments under this title shall be effective only
to such extent or in such amounts as are provided in ad-
vance in appropriation Acts. This subsection does not
apply with respect to the authority granted under section
239.
SEC. 238. 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 Adminis-
tration.
(b) USE OF USTR FACILITIES.—The USTR, under
terms, at rates, and for periods that the USTR considers
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. 239. 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 Administration. Gifts and
bequests of money and the proceeds from sales of other
property received as gifts or bequests shall be deposited
in the United States Treasury in a separate fund and shall
be disbursed on order of the 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.
(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. 240. WORKING CAPITAL FUND.
(a) ESTABLISHMENT.—The USTR is authorized to
establish for the Administration a working capital fund,
to be available without fiscal year limitation, for expenses
necessary for the maintenance and operation of such com-
mon administrative services as the USTR shall find to be
desirable in the interest of economy and efficiency, includ-
ing—
(1) a central supply service for stationery and
other supplies and equipment for which adequate
stocks may be maintained to meet in whole or in
part the requirements of the Administration and its
components;
(2) central messenger, mail, and telephone serv-
ice and other communications services;
(3) office space and central services for docu-
ment reproduction and for graphics and visual aids;
(4) a central library service; and
(5) such other services as may be approved by
the Director of the Office of Management and 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 Administration,
or from other sources, for supplies and services at rates
which will approximate the expense of operation, including
the accrual of annual leave and the depreciation of equip-
ment. The fund shall also be credited with receipts from
sale or exchange of property and receipts in payment for
loss or damage to property owned by the fund. There shall
be covered into the United States Treasury as miscellane-
ous receipts any surplus of the fund (all assets, liabilities,
and prior losses considered) above the amounts trans-
ferred or appropriated to establish and maintain the fund.
There shall be transferred to the fund the stocks of sup-
plies, equipment, other assets, liabilities, and unpaid obli-
gations relating to those services which the USTR deter-
mines will be performed.
SEC. 241. 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 Administration, and the USTR
may change and abolish such fees and commissions. Be-
fore establishing, 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—
(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.
SEC. 242. PROFESSIONAL TRADE SERVICE CORPS.
Within 180 days after the effective date of this Act,
the USTR shall prepare and transmit to the President and
the Congress a report containing recommendations for the
establishment of a Professional Trade Service Corps de-
signed to attract and retain highly qualified, experienced,
and motivated professionals to administer the trade poli-
cies and activities of the United States. The proposal for
the Corps shall contain provisions for—
(1) the advancement and retention of personnel
on a competitive basis;
(2) the designation of senior positions in the
Corps in order that personnel employed in the Corps
may advance in careers relating to international
trade; and
(3) the transfer of personnel between the Corps
and the Foreign Service in order that such personnel
may be employed in foreign and domestic service.
SEC. 243. SEAL OF DEPARTMENT.
The USTR shall cause a seal of office to be made
for the Administration of such design as the USTR shall
approve. Judicial notice shall be taken of such seal.
SEC. 252. 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. 253. 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.’’.
Subtitle G—Conforming
Amendments
SEC. 261. AMENDMENTS TO GENERAL PROVISIONS.
(a) PRESIDENTIAL SUCCESSION.—Section 19(d)(1)
of title 3, United States Code, is amended by inserting
‘‘the United States Trade Representative,’’ after ‘‘Sec-
retary of Commerce,’’.
(b) INSPECTOR GENERAL.—The Inspector General
Act of 1978 is amended—
(1) in subsection 9(a)(1) by inserting after sub-
paragraph (W) the following:
‘‘(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 222 of the Trade Reorga-
nization Act of 1995.’’; 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
United States Trade Administration,’’ after
‘‘Treasury;’’.
(c) 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 of the
United States Trade Administration established under
section 201 of the Trade Reorganization Act of 1995
shall—
‘‘(1) be the chief representative of the United
States for each trade negotiation under this title or
chapter 1 of title III of this Act, or subtitle A of
title I of the Omnibus Trade and Competitiveness
Act of 1988, or any other provision of law enacted
after the Trade Reorganization Act of 1995;
‘‘(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 Trade Reorganization Act of 1995;
‘‘(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-
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 of
the United States Trade Administration 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 222 of the Trade
Reorganization Act of 1995; and
‘‘(B) with respect to other personnel of the
United States Trade Administration to the ex-
tent the President determines to be necessary in
order to enable the United States Trade Ad-
ministration to carry out functions which re-
quire 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 United States Trade Administra-
tion.’’.
SEC. 262. 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. 263. CONFORMING AMENDMENTS RELATING TO EXEC-
UTIVE SCHEDULE POSITIONS.
(a) POSITIONS AT LEVEL I.—Section 5312 of title
5, United States Code, is amended—
(1) by adding at the end the following: