I
107TH CONGRESS
1ST SESSION
H. R. 375
To dismantle the Department of Commerce.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 31, 2001
Mr. ROYCE (for himself, Mr. PITTS, and Mr. ROHRABACHER) introduced the
following bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committees on Transportation and Infra-
structure, Financial Services, International Relations, Armed Services,
Ways and Means, Government Reform, the Judiciary, Science, and Re-
sources, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To dismantle the Department of Commerce.
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 ‘‘Department of Com-
merce Elimination Act’’.
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—ABOLISHMENT OF DEPARTMENT OF COMMERCE
Sec. 101. Definitions.
Sec. 102. Abolishment of Department of Commerce.
Sec. 103. Resolution and termination of Department functions.
Sec. 104. Responsibilities of the Director of the Office of Management and
Budget.
Sec. 105. Personnel.
Sec. 106. Plans and reports.
Sec. 107. General Accounting Office audit and access to records.
Sec. 108. Conforming amendments.
Sec. 109. Privatization framework.
Sec. 110. Priority placement programs for Federal employees affected by a re-
duction in force attributable to this Act.
Sec. 111. Funding reductions for transferred functions.
TITLE II—DISPOSITION OF PROGRAMS, FUNCTIONS, AND
AGENCIES OF DEPARTMENT OF COMMERCE
Sec. 201. Economic development.
Sec. 202. Technology Administration.
Sec. 203. Reorganization of the Bureau of the Census and the Bureau of Eco-
nomic Analysis.
Sec. 204. Terminated functions of National Telecommunications and Informa-
tion Administration.
Sec. 205. Terminations and transfers.
Sec. 206. National Oceanic and Atmospheric Administration.
Sec. 207. Patent and Trademark Office.
Sec. 208. Miscellaneous terminations; moratorium on program activities.
Sec. 209. Effective date.
TITLE III—ESTABLISHMENT OF UNITED STATES TRADE
ADMINISTRATION
Subtitle A—General Provisions
Sec. 301. Definitions.
Subtitle B—United States Trade Administration
CHAPTER 1—ESTABLISHMENT
Sec. 311. Establishment of the United States Trade Administration.
Sec. 312. Functions of the Trade Representative.
CHAPTER 2—OFFICERS
Sec. 321. Deputy United States Trade Representatives.
Sec. 322. Assistant Administrators.
Sec. 323. General Counsel.
Sec. 324. Inspector General.
Sec. 325. Chief Financial Officer.
CHAPTER 3—TRANSFERS TO THE TRADE ADMINISTRATION
Sec. 331. Office of the United States Trade Representative.
Sec. 332. Transfers from the Department of Commerce.
Sec. 333. Trade and Development Agency.
Sec. 334. Export-Import Bank.
Sec. 335. Overseas Private Investment Corporation.
Sec. 336. Consolidation of export promotion and financing activities.
Sec. 337. Functions related to textile agreements.
CHAPTER 4—ADMINISTRATIVE PROVISIONS
Sec. 341. Personnel provisions.
Sec. 342. Delegation and assignment.
Sec. 343. Succession.
Sec. 344. Reorganization.
Sec. 345. Rules.
Sec. 346. Funds transfer.
Sec. 347. Contracts, grants, and cooperative agreements.
Sec. 348. Use of facilities.
Sec. 349. Gifts and bequests.
Sec. 350. Working capital fund.
Sec. 351. Service charges.
Sec. 352. Seal of office.
CHAPTER 5—RELATED AGENCIES
Sec. 361. Interagency trade organization.
Sec. 362. National Security Council.
Sec. 363. International Monetary Fund.
CHAPTER 6—CONFORMING AMENDMENTS
Sec. 371. Amendments to general provisions.
Sec. 372. Repeals.
Sec. 373. Conforming amendments relating to Executive Schedule positions.
CHAPTER 7—MISCELLANEOUS
Sec. 381. Effective date.
Sec. 382. Interim appointments.
Sec. 383. Funding reductions resulting from reorganization.
TITLE IV—STATISTICAL CONSOLIDATION
Subtitle A—General Provisions
Sec. 401. Findings.
Sec. 402. Sense of Congress.
Sec. 403. Definitions.
Subtitle B—Establishment of the Federal Statistical Service
Sec. 411. Establishment.
Sec. 412. Principal officers.
Sec. 413. Federal Council on Statistical Policy.
Subtitle C—Transfers of Functions and Offices
Sec. 421. Transfer of the Bureau of Labor Statistics.
Sec. 422. Transfer date.
Subtitle D—Administrative Provisions
Sec. 431. Officers and employees.
Sec. 432. Experts and consultants.
Sec. 433. Acceptance of voluntary services.
Sec. 434. General authority.
Sec. 435. Delegation.
Sec. 436. Reorganization.
Sec. 437. Contracts.
Sec. 438. Regulations.
Sec. 439. Seal.
Sec. 440. Annual report.
Subtitle E—Miscellaneous
Sec. 441. Incidental transfers.
Sec. 442. References.
Sec. 443. Proposed changes in law.
Sec. 444. Transition.
Sec. 445. Interim appointments.
Sec. 446. Conforming amendments.
TITLE V—MISCELLANEOUS PROVISIONS
Sec. 501. References.
Sec. 502. Exercise of authorities.
Sec. 503. Savings provisions.
Sec. 504. Transfer of assets.
Sec. 505. Delegation and assignment.
Sec. 506. Authority of Director of the Office of Management and Budget with
respect to functions transferred.
Sec. 507. Certain vesting of functions considered transfers.
Sec. 508. Availability of existing funds.
Sec. 509. Definitions.
Sec. 510. Conforming amendments.
TITLE I—ABOLISHMENT OF
DEPARTMENT OF COMMERCE
SEC. 101. DEFINITIONS.
For purposes of this title, the following definitions
apply:
(1) DEPARTMENT.—The term ‘‘Department’’
means the Department of Commerce.
(2) DIRECTOR.—The term ‘‘Director’’ means
the Director of the Office of Management and Budg-
et.
(3) OFFICE.—The term ‘‘Office’’ means the Of-
fice of Management and Budget.
SEC. 102. ABOLISHMENT OF DEPARTMENT OF COMMERCE.
(a) ABOLISHMENT OF DEPARTMENT.—Effective on
the applicable date specified in subsection (c), the Depart-
ment of Commerce is abolished.
(b) TRANSFER OF DEPARTMENT FUNCTIONS TO OF-
FICE OF MANAGEMENT AND BUDGET.—Except as other-
wise provided in this Act, all functions that on the day
before the applicable date specified in subsection (c) are
authorized to be performed by the Secretary of Commerce,
any other officer or employee of the Department acting
in that capacity, or any agency or office of the Depart-
ment, are transferred to the Director effective on that
date.
(c) ABOLISHMENT DATE.—The date of abolishment
of the Department is the earlier of—
(1) the last day of the 6-month period begin-
ning on the date of enactment of this Act; or
(2) September 30, 2001.
SEC. 103. RESOLUTION AND TERMINATION OF DEPART-
MENT FUNCTIONS.
(a) RESOLUTION OF FUNCTIONS.—During the period
beginning on the date of enactment of this Act and ending
on the date specified in subsection (c)—
(1) the disposition and resolution of functions
of the Department shall be completed in accordance
with this Act; and
(2) the Director shall resolve all functions that
are transferred to the Director under section 102(b)
and are not otherwise continued under this Act.
(b) TERMINATION
OF FUNCTIONS.—All functions
that are transferred to the Director under section 102(b)
that are not otherwise continued by this Act shall termi-
nate on the date specified in subsection (c).
(c) FUNCTIONS TERMINATION DATE.—The date of
termination of functions referred to in subsections (a) and
(b) is the last day of the 3-year period beginning on the
date of enactment of this Act.
SEC. 104. RESPONSIBILITIES OF THE DIRECTOR OF THE OF-
FICE OF MANAGEMENT AND BUDGET.
(a) IN GENERAL.—The Director shall be responsible
for the implementation of this title, including—
(1) the administration, during the period speci-
fied in section 103(c), of all functions transferred to
the Director under section 102(b);
(2) the administration, during the period speci-
fied in section 103(a), of any outstanding obligations
of the Federal Government under any programs ter-
minated by this Act; and
(3) taking any other action that may be nec-
essary to complete any outstanding affairs of the
Department before the end of the period specified in
section 103(a).
(b) DELEGATION OF FUNCTIONS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the Director may, to the extent that the
Director determines that such delegation is appro-
priate to carry out this title, delegate to any officer
of the Office or to any other Federal department or
agency head the performance of the functions of the
Director under this title.
(2) EXCEPTION.—The Director may not dele-
gate the planning and reporting responsibilities
under section 106.
(c) TRANSFER
OF ASSETS
AND PERSONNEL.—In
connection with any delegation of functions under sub-
section (b), the Director may transfer, within the Office
or to the department or agency concerned, such assets,
funds, personnel, records, and other property relating to
the delegated function as the Director determines to be
appropriate.
(d) AUTHORITIES OF THE DIRECTOR.—For purposes
of performing the functions of the Director under this
title, the Director may—
(1) enter into contracts;
(2) employ experts and consultants in accord-
ance with section 3109 of title 5, United States
Code, at rates for individuals not to exceed the per
diem rate equivalent to the rate for level IV of the
Executive Schedule; and
(3) utilize, on a reimbursable basis, the services,
facilities, and personnel of other Federal agencies.
SEC. 105. PERSONNEL.
Effective on the date specified in section 102(c), there
is transferred to the Office any individual who—
(1) on the day before that date, was an officer
or employee of the Department; and
(2) in the capacity as an officer or employee of
the Department, performed functions that are trans-
ferred to the Director under section 102(b).
SEC. 106. PLANS AND REPORTS.
(a) INITIAL IMPLEMENTATION PLAN.—
(1) IN GENERAL.—Not later than 90 days after
the date of enactment of this Act, the Director shall
submit a report to Congress and the President that
specifies actions that have been taken and actions
that have not been taken but are necessary—
(A) to resolve the programs and functions
terminated in this Act on the date of enactment
of this Act; and
(B) to implement the additional transfers
and other program dispositions provided for in
this Act.
(2) CONTENTS.—The report in paragraph (1)
shall include—
(A) recommendations for any legislation
necessary for the implementation of the
abolishments, transfers, terminations, and other
dispositions of programs and functions under
this Act; and
(B) a description of actions planned and
taken to comply with limitations imposed by
this Act on spending for continued functions.
(b) ANNUAL STATUS REPORTS.—At the end of the
first full fiscal year following the date of enactment of this
Act and at the end of each of the 2 following fiscal years,
the Director shall submit a report, through the President,
to Congress that—
(1) specifies the status and progress of actions
taken to implement this Act and to wind up the af-
fairs of the Department of Commerce by the func-
tions termination date specified in section 103(c);
(2) includes any recommendations for legisla-
tion that the Director considers appropriate; and
(3) describes actions taken to comply with limi-
tations imposed by this Act on spending for contin-
ued functions.
(c) GAO REPORTS.—Not later than 60 days after the
issuance of a report under subsection (a) or (b), the Comp-
troller General of the United States shall submit to Con-
gress a report that—
(1) evaluates the report; and
(2) includes any recommendations the Comp-
troller General considers appropriate.
SEC. 107. GENERAL ACCOUNTING OFFICE AUDIT AND AC-
CESS TO RECORDS.
(a) AUDIT OF PERSONS PERFORMING FUNCTIONS
PURSUANT TO THIS ACT.—All agencies, corporations, or-
ganizations, and other persons of any description that,
under the authority of the United States, perform any
function or activity covered under this Act shall be subject
to an audit by the Comptroller General of the United
States with respect to that function or activity.
(b) AUDIT OF PERSONS PROVIDING CERTAIN GOODS
OR SERVICES.—All persons and organizations that, by
contract, grant, or otherwise, provide goods or services to,
or receive financial assistance from, any agency or other
person performing functions or activities covered under
this Act shall be subject to an audit by the Comptroller
General of the United States with respect to the provision
of such goods or services or the receipt of such financial
assistance.
(c) PROVISIONS APPLICABLE
TO AUDITS UNDER
THIS SECTION.—
(1) NATURE
AND
SCOPE
OF
AUDIT.—The
Comptroller General of the United States shall de-
termine the nature, scope, terms, and conditions of
audits conducted under this section.
(2) COORDINATION
WITH
OTHER
PROVISIONS
OF LAW.—The authority of the Comptroller General
of the United States under this section shall be in
addition to any audit authority available to the
Comptroller General under any other provision of
law (including any other provision of this Act).
(3) RIGHTS
OF
ACCESS, EXAMINATION, AND
COPYING.—The Comptroller General of the United
States, and any duly authorized representative of the
Comptroller General, shall have access to, and the
right to examine and copy, all records and other re-
corded information in any form, and to examine any
property within the possession or control of any
agency or person that—
(A) is subject to audit under this section;
and
(B) the Comptroller General considers rel-
evant to an audit conducted under this section.
(4) ENFORCEMENT OF RIGHT OF ACCESS.—The
right of access of the Comptroller General of the
United States to information under this section shall
be enforceable under section 716 of title 31, United
States Code.
(5) 
MAINTENANCE
OF
CONFIDENTIAL
RECORDS.—Section 716(e) of title 31, United States
Code, shall apply to information obtained by the
Comptroller General under this section.
SEC. 108. CONFORMING AMENDMENTS.
(a) PRESIDENTIAL SUCCESSION.—Section 19(d)(1)
of title 3, United States Code, is amended by striking
‘‘Secretary of Commerce,’’.
(b) EXECUTIVE DEPARTMENTS.—Section 101 of title
5, United States Code, is amended by striking the fol-
lowing item:
‘‘The Department of Commerce.’’.
(c) SECRETARY’S COMPENSATION.—Section 5312 of
title 5, United States Code, is amended by striking the
following item:
‘‘Secretary of Commerce.’’.
(d) COMPENSATION FOR POSITIONS AT LEVEL III.—
Section 5314 of title 5, United States Code, is amended—
(1) by striking the following item:
‘‘Under Secretary of Commerce, Under Sec-
retary of Commerce for Economic Affairs, Under
Secretary of Commerce for Export Administration
and Under Secretary of Commerce for Travel and
Tourism.’’;
(2) by striking the following item:
‘‘Under Secretary of Commerce for Oceans and
Atmosphere, the incumbent of which also serves as
Administrator of the National Oceanic and Atmos-
pheric Administration.’’; and
(3) by striking the following item:
‘‘Under Secretary of Commerce for Tech-
nology.’’.
(e) COMPENSATION FOR POSITIONS AT LEVEL IV.—
Section 5315 of title 5, United States Code, is amended—
(1) by striking the following item:
‘‘Assistant Secretaries of Commerce (11).’’;
(2) by striking the following item:
‘‘General Counsel of the Department of Com-
merce.’’;
(3) by striking the following item:
‘‘Assistant Secretary of Commerce for Oceans
and Atmosphere, the incumbent of which also serves
as Deputy Administrator of the National Oceanic
and Atmospheric Administration.’’;
(4) by striking the following item:
‘‘Director, National Institute of Standards and
Technology, Department of Commerce.’’;
(5) by striking the following item:
‘‘Inspector 
General, 
Department 
of 
Com-
merce.’’;
(6) by striking the following item:
‘‘Chief Financial Officer, Department of Com-
merce.’’;
(7) by striking the item relating to the Director
of the Bureau of the Census and inserting ‘‘Director
of the Census, Federal Statistical Service’’; and
(8) by striking the following item:
‘‘Chief Information Officer, Department of
Commerce.’’.
(f) COMPENSATION FOR POSITIONS AT LEVEL V.—
Section 5316 of title 5, United States Code, is amended—
(1) by striking the following item:
‘‘Director, United States Travel Service, De-
partment of Commerce.’’; and
(2) by striking the following item:
(2) REPORT.—If, by the date specified in para-
graph (1), the Director is unable to privatize a func-
tion, the Director shall submit a report that states
that inability to Congress, together with rec-
ommendations concerning the appropriate disposi-
tion of the function involved and the assets of the
function.
(b) ROLE OF THE FEDERAL GOVERNMENT.—No pri-
vatization arrangement made under subsection (a) shall
include any role for, or accountability to, the Federal Gov-
ernment unless the role or accountability is necessary to
ensure the continued accomplishment of a specific Federal
objective. The Federal role should be the minimum role
necessary to accomplish Federal objectives.
(c) ASSETS.—In privatizing a function, the Director
shall take any action necessary—
(1) to preserve the value of the assets of a func-
tion during the period during which the Office holds
such assets; and
(2) to continue the performance of the function
to the extent necessary—
(A) to preserve the value of the assets; or
(B) to accomplish core Federal objectives
(as that term is defined by the Director).
SEC. 110. PRIORITY PLACEMENT PROGRAMS FOR FEDERAL
EMPLOYEES AFFECTED BY A REDUCTION IN
FORCE ATTRIBUTABLE TO THIS ACT.
(a) IN GENERAL.—Subchapter I of chapter 33 of title
5, United States Code, is amended by inserting after sec-
tion 3329 the following:
‘‘§ 3329a. Priority placement programs for employees
affected by a reduction in force attrib-
utable to the Department of Commerce
Elimination Act
‘‘(a)(1) For the purpose of this section, the term ‘af-
fected agency’—
‘‘(A) except as provided in subparagraph (B),
means an Executive agency to which personnel are
transferred in connection with a transfer of function
under the Department of Commerce Elimination
Act, and
‘‘(B) with respect to employees of the Depart-
ment of Commerce in general administration, the In-
spector General’s office, or the General Counsel’s of-
fice, or who provided overhead support to other com-
ponents of the Department on a reimbursable basis,
means all agencies to which functions of those em-
ployees are transferred under the Department of
Commerce Elimination Act.
‘‘(2) This section applies with respect to any reduc-
tion in force that—
‘‘(A) occurs within 12 months after the date of
enactment of this section; and
‘‘(B) is due to—
‘‘(i) the termination of any function of the
Department of Commerce; or
‘‘(ii) the agency’s having excess personnel
as a result of a transfer of function described
in paragraph (1), as determined by—
‘‘(I) the Director of the Office of
Management and Budget, in the case of a
function transferred to the Office of Man-
agement and Budget; or
‘‘(II) the head of the agency, in the
case of any function transferred to an
agency other than the Office of Manage-
ment and Budget.
‘‘(b) As soon as practicable after the date of enact-
ment of this section, each affected agency shall establish
an agencywide priority placement program to facilitate
employment placement for employees who, due to a reduc-
tion in force described in subsection (a)(2)—
‘‘(1) are scheduled to be separated from service;
or
‘‘(2) are separated from service.
‘‘(c)(1) Each agencywide priority placement program
shall include provisions under which a vacant position
shall not be filled by the appointment or transfer of any
individual from outside of that agency if—
‘‘(A) an individual described in paragraph (2)
who is qualified for the position is available for the
position at the time of the occurrence of the va-
cancy; and
‘‘(B) the position—
‘‘(i) is at the same grade (or pay level) or
not more than 1 grade (or pay level) below that
of the position last held by such individual be-
fore placement in the new position; and
‘‘(ii) is within the same commuting area as
the individual’s last-held position (as referred to
in clause (i)) or residence.
‘‘(2) For purposes of an agencywide priority place-
ment program, an individual shall be considered to be de-
scribed in this paragraph if the most recent performance
evaluation of the individual was at least fully successful
(or the equivalent), and such individual is either—
‘‘(A) an employee of the agency who is sched-
uled to be separated, as described in subsection
(b)(1); or
‘‘(B) an individual who became a former em-
ployee of the agency as a result of a separation, as
described in subsection (b)(2).
‘‘(d)(1) Nothing in this section shall affect any pri-
ority placement program of the Department of Defense
that is in operation as of the date of enactment of this
section.
‘‘(2) Nothing in this section shall impair any place-
ment program within an agency subject to a reduction in
force resulting from a cause other than the Department
of Commerce Elimination Act.
‘‘(e) An individual shall cease to be eligible to partici-
pate in a program under this section on the earlier of—
‘‘(1) the conclusion of the 12-month period be-
ginning on the date on which the individual first be-
came eligible to participate under subsection (c)(2);
or
‘‘(2) the date on which the individual declines
a bona fide offer (or if the individual does not act
on the offer, the last date on which the individual
could accept the offer) from the affected agency of
a position described in subsection (c)(1)(B).’’.
(b) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 33 of title 5, United States Code, is
amended by inserting after the item relating to section
3329 the following:
‘‘3329a. Priority placement programs for employees affected by a reduction in
force attributable to the Department of Commerce Elimination
Act.’’.
SEC. 111. FUNDING REDUCTIONS FOR TRANSFERRED
FUNCTIONS.
(a) FUNDING REDUCTIONS.—Except as provided in
subsection (b), the total amount authorized to be appro-
priated by the United States for accounts related to the
performance of functions transferred under this Act to the
Director or to the Office from the Department, or any of
its officers or components, shall not exceed—
(1) for the first fiscal year that begins after the
date specified in section 102(c), 75 percent of the
total amount appropriated to the Department for
the performance of those functions for fiscal year
2001; and
(2) for the second fiscal year that begins after
the date specified in section 102(c) and for each fis-
cal year thereafter, 65 percent of the total amount
appropriated to the Department for the performance
of those functions for fiscal year 2001.
(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
Act.
(c) RULE OF CONSTRUCTION.—This section shall su-
persede any other provision of law that does not
explicitly—
(1) refer to this section; and
(2) create an exemption from this section.
(d) RESPONSIBILITIES OF THE DIRECTOR.—The Di-
rector shall—
(1) ensure compliance with the requirements of
this section; and
(2) include in each report under subsections (a)
and (b) of section 106 a description of actions taken
to comply with the requirements referred to in para-
graph (1).
TITLE II—DISPOSITION OF PRO-
GRAMS, 
FUNCTIONS, 
AND
AGENCIES OF DEPARTMENT
OF COMMERCE
SEC. 201. ECONOMIC DEVELOPMENT.
(a) TERMINATED FUNCTIONS.—The Public Works
and Economic Development Act of 1965 (42 U.S.C. 3121
et seq.) is repealed.
(b) TRANSFER OF FINANCIAL OBLIGATIONS OWED
TO THE DEPARTMENT.—There are transferred to the Sec-
retary of the Treasury the loans, notes, bonds, debentures,
securities, and other financial obligations owned by the
Department of Commerce under the Public Works and
Economic Development Act of 1965, together with all as-
sets or other rights (including security interests) incident
thereto, and all liabilities related thereto. There are as-
signed to the Secretary of the Treasury the functions,
powers, and abilities vested in or delegated to the Sec-
retary of Commerce or the Department of Commerce to
manage, service, collect, sell, dispose of, or otherwise real-
ize proceeds on obligations owed to the Department of
Commerce under authority of such Act, as in effect on
the day before the date of enactment of this Act, with re-
spect to any loans, obligations, or guarantees made or
issued by the Department of Commerce pursuant to such
Act.
(c) AUDIT.—Not later than 18 months after the date
of enactment of this Act, the Comptroller General shall—
(1) conduct an audit of all grants made or
issued by the Department of Commerce under the
Public Works and Economic Development Act of
1965 in fiscal year 2001 and all loans, obligations,
and guarantees; and
(2) transmit to Congress a report on the results
of the audit referred to in paragraph (1).
SEC. 202. TECHNOLOGY ADMINISTRATION.
(a) TECHNOLOGY ADMINISTRATION.—
(1) GENERAL RULE.—Except as otherwise pro-
vided in this section, the Technology Administration
of the Department of Commerce is terminated.
(2) OFFICE OF TECHNOLOGY POLICY.—The Of-
fice of Technology Policy of the Department of Com-
merce is terminated.
(b) NATIONAL
INSTITUTE
OF
STANDARDS
AND
TECHNOLOGY.—
(1) REDESIGNATION.—The National Institute
of Standards and Technology of the Department of
Commerce is hereby redesignated as the National
Bureau of Standards, and all references to the Na-
tional Institute of Standards and Technology in
Federal law or regulations are deemed to be ref-
erences to the National Bureau of Standards.
(2) GENERAL RULE.—The National Bureau of
Standards (in this subsection referred to as the
‘‘Bureau’’) is transferred from the Department of
Commerce to the National Oceanic and Atmospheric
Administration established in section 206.
(3) FUNCTIONS OF DIRECTOR.—Except as oth-
erwise provided in this section or section 208, upon
the transfer under paragraph (2), the Director of
the Bureau shall perform all functions relating to
the Bureau that, immediately before the effective
date specified in section 209(a), were functions of
the Secretary of Commerce or the Under Secretary
of Commerce for Technology.
(c) NATIONAL
TECHNICAL
INFORMATION
SERV-
ICE.—
(1) PRIVATIZATION.—All functions of the Na-
tional Technical Information Service of the Depart-
ment of Commerce are transferred to the Director of
the Office of Management and Budget for privatiza-
tion in accordance with section 109 by the date spec-
ified in subsection (a) of that section.
(2) TRANSFER TO NATIONAL OCEANIC AND AT-
MOSPHERIC ADMINISTRATION.—If, by the date speci-
fied in section 109(a), an appropriate arrangement
for the privatization of functions of the National
Technical Information Service under paragraph (1)
has not been made, the National Technical Informa-
tion Service shall be transferred to the National
Oceanic and Atmospheric Administration established
in section 206.
(3) GOVERNMENT
CORPORATION.—If, by the
date specified in section 109(a), an appropriate ar-
rangement for the privatization of functions of the
National Technical Information Service under para-
graph (1) has not been made, the Director of the
Office of Management and Budget shall, not later
than 180 days after the date specified in section
109(a), submit to Congress recommended legislation
to establish the National Technical Information
Service as a wholly owned Government corporation.
The recommended legislation shall provide for the
corporation to perform substantially the same func-
tions that, as of the date of enactment of this Act,
are performed by the National Technical Informa-
tion Service.
(4) FUNDING.—No funds are authorized to be
appropriated for the National Technical Information
Service or any successor corporation established pur-
suant to recommended legislation under paragraph
(3).
(d) AMENDMENTS.—
(1) NATIONAL INSTITUTE OF STANDARDS AND
TECHNOLOGY
ACT.—The National Institute of
Standards and Technology Act (15 U.S.C. 271 et
seq.) is amended—
(A) in section 2(b), by striking paragraph
(1) and redesignating paragraphs (2) through
(13) as paragraphs (1) through (12), respec-
tively;
(B) in section 2(d), by striking ‘‘, including
the programs established under sections 25, 26,
and 28 of this Act’’;
(C) in section 10—
(i) in the section heading, by striking
‘‘Advanced’’ 
and 
inserting 
‘‘Standards
and’’; and
(ii) in subsection (a), by striking ‘‘Ad-
vanced’’ and inserting ‘‘Standards and’’;
and
(D) by striking sections 24, 25, 26, and
28.
(2) STEVENSON-WYDLER TECHNOLOGY INNOVA-
TION
ACT
OF
1980.—The Stevenson-Wydler Tech-
nology Innovation Act of 1980 (15 U.S.C. 3701 et
seq.) is amended—
(A) in section 3, by striking paragraph (2)
and redesignating paragraphs (3) through (5)
as paragraphs (2) through (4), respectively;
(B) in section 4, by striking paragraphs
(1), (4), and (13) and redesignating paragraphs
(2), (3), (5), (6), (7), (8), (9), (10), (11), and
(12) as paragraphs (1) through (10), respec-
tively;
(C) by striking sections 5 through 10;
(D) in section 11—
(i) in subsection (c)(3), by striking ‘‘,
the Federal Laboratory Consortium for
Technology Transfer,’’;
(ii) in subsection (d)—
(I) in paragraph (2), by striking
‘‘and the Federal Laboratory Consor-
tium for Technology Transfer’’; and
(II) in paragraph (3), by striking
‘‘, and refer such requests’’ and all
that follows through ‘‘available to the
Service’’; and
(iii) by striking subsection (e); and
(E) in section 17—
(i) in subsection (c)—
(I) in paragraph (1), by striking
‘‘Subject to paragraph (2), separate’’
and inserting ‘‘Separate’’; and
(II) by striking paragraph (2)
and redesignating paragraph (3) as
paragraph (2);
(ii) in subsection (f), by striking
‘‘funds to carry out’’ and inserting ‘‘funds
only to pay the salary of the Director of
the Office of Quality Programs, who shall
be responsible for carrying out’’; and
(iii) by adding at the end the fol-
lowing new subsection:
‘‘(h) VOLUNTARY
AND
UNCOMPENSATED
SERV-
ICES.—The Director of the Office of Quality Programs
may accept voluntary and uncompensated services not-
withstanding the provisions of section 1342 of title 31,
United States Code.’’.
(3) MISCELLANEOUS AMENDMENTS.—Section 3
of Public Law 94–168 (15 U.S.C. 205b) is
amended—
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3) and
(4) as paragraphs (2) and (3), respectively; and
(C) in paragraph (3), as redesignated by
subparagraph (B) of this paragraph, by striking
‘‘in nonbusiness activities’’.
SEC. 203. REORGANIZATION OF THE BUREAU OF THE CEN-
SUS AND THE BUREAU OF ECONOMIC ANAL-
YSIS.
(a) TRANSFER OF FUNCTIONS.—All functions of the
Secretary of Commerce relating to the Bureau of the Cen-
sus and the Bureau of Economic Analysis of the Depart-
ment of Commerce are transferred to the Federal Statis-
tical Service established under title IV.
(b) TRANSFER OF BUREAUS.—The Bureau of the
Census and Bureau of Economic Analysis of the Depart-
ment of Commerce are transferred to the Federal Statis-
tical Service established under title IV.
(c) REFERENCES TO SECRETARY.—Section 1(2) of
the title 13, United States Code, is amended by striking
‘‘Secretary of Commerce’’ and inserting ‘‘Administrator of
the Federal Statistical Service’’.
(d) REFERENCES TO DEPARTMENT.—Section 2 of
title 13, United States Code, is amended by striking ‘‘De-
partment of Commerce’’ and inserting ‘‘Federal Statistical
Service’’.
(e) GENERAL REFERENCES TO SECRETARY AND DE-
PARTMENT.—Title 13, United States Code, is further
amended—
(1) by striking ‘‘Secretary of Commerce’’ each
place it appears and inserting ‘‘Administrator of the
Federal Statistical Service’’; and
(2) by striking ‘‘Department of Commerce’’
each place it appears and inserting ‘‘Federal Statis-
tical Service’’.
SEC. 204. TERMINATED FUNCTIONS OF NATIONAL TELE-
COMMUNICATIONS AND INFORMATION AD-
MINISTRATION.
(a) REPEALS.—The following provisions of law are
repealed:
(1) Subpart A of part IV of title III of the
Communications Act of 1934 (47 U.S.C. 390 et
seq.), relating to assistance for public telecommuni-
cations facilities.
(2) Subpart B of part IV of title III of the
Communications Act of 1934 (47 U.S.C. 394), relat-
ing to the Endowment for Children’s Educational
Television.
(3) Subpart C of part IV of title III of the
Communications Act of 1934 (47 U.S.C. 395), relat-
ing to Telecommunications Demonstration grants.
(b) DISPOSAL OF NATIONAL TELECOMMUNICATIONS
AND INFORMATION ADMINISTRATION LABORATORIES.—
(1) PRIVATIZATION.—All laboratories of the
National Telecommunications and Information Ad-
ministration are transferred to the Director of the
Office of Management and Budget for privatization
in accordance with section 109 by the date specified
in subsection (a) of that section.
(2) TRANSFER TO NATIONAL OCEANIC AND AT-
MOSPHERIC
ADMINISTRATION.—If an appropriate
arrangement for the privatization of functions of the
laboratories of the National Telecommunications and
Information Administration under paragraph (1) has
not been made by the date specified in section
109(a), the laboratories of the National Tele-
communications and Information Administration
shall be transferred as of the end of such period to
the National Oceanic and Atmospheric Administra-
tion established in section 206.
(3) TRANSFER OF FUNCTIONS.—The functions
of the National Telecommunications and Informa-
tion Administration concerning research and anal-
ysis of the electromagnetic spectrum described in
section 5112(b) of the Omnibus Trade and Competi-
tiveness Act of 1988 (15 U.S.C. 1532) are trans-
ferred to the Director of the National Bureau of
Standards.
(c) TRANSFER OF NATIONAL TELECOMMUNICATIONS
AND INFORMATION ADMINISTRATION FUNCTIONS.—
(1) TRANSFER TO FEDERAL COMMUNICATIONS
COMMISSION.—Except as provided in subsection
(b)(2), the functions of the National Telecommuni-
cations and Information Administration, and of the
Secretary of Commerce and the Assistant Secretary
for Communications and Information of the Depart-
ment of Commerce with respect to the National
Telecommunications and Information Administra-
tion, are transferred to the Federal Communications
Commission. The functions transferred by this para-
graph shall be placed in an organizational compo-
nent that is independent from all Federal Commu-
nications Commission functions directly related to
the negotiation of trade agreements. Such functions
shall be supervised by an individual whose principal
professional expertise is in the area of telecommuni-
cations. The position to which such individual is ap-
pointed shall be graded at a level sufficiently high to
attract a highly qualified individual, while ensuring
autonomy in the conduct of such functions from all
activities and influences associated with trade nego-
tiations.
(2) REFERENCES.—References in any provision
of law (including the National Telecommunications
and Information Administration Organization Act)
to the Secretary of Commerce or the Assistant Sec-
retary for Communications and Information of the
Department of Commerce—
(A) with respect to a function vested pur-
suant to this section in the Federal Commu-
nications Commission shall be deemed to refer
to the United States Trade Representative; and
(B) with respect to a function vested pur-
suant to this section in the Director of the Na-
tional Bureau of Standards shall be deemed to
refer to the Director of the National Bureau of
Standards.
(3) TERMINATION OF NTIA.—Effective on the
applicable date specified in section 102(c), the Na-
tional Telecommunications and Information Admin-
istration is abolished.
SEC. 205. TERMINATIONS AND TRANSFERS.
(a) TERMINATION OF MISCELLANEOUS RESEARCH
PROGRAMS AND ACCOUNTS.—
(1) IN
GENERAL.—No funds may be appro-
priated for any fiscal year for the following pro-
grams and accounts of the National Oceanic and At-
mospheric Administration:
(A) The National Undersea Research Pro-
gram.
(B) The Fleet Modernization Program.
(C) The Charleston, South Carolina, Spe-
cial Management Plan.
(D) Chesapeake Bay Observation Buoys
(as of September 30, 2001).
(S) The Climate and Global Change Ac-
count.
(T) The Global Learning and Observations
to Benefit the Environment Program.
(U) Mussel watch.
(2) REPEALS.—The following provisions of law
are repealed:
(A) The Ocean Thermal Conversion Act of
1980 (42 U.S.C. 9101 et seq.).
(B) Title IV of the Marine Protection, Re-
search, and Sanctuaries Act of 1972 (16 U.S.C.
1447 et seq.).
(C) Title V of the Marine Protection, Re-
search, and Sanctuaries Act of 1972 (33 U.S.C.
2801 et seq.).
(D) The Great Lakes Fish and Wildlife
Tissue Bank Act (16 U.S.C. 943 et seq.).
(E) Section 208(c) of the National Sea
Grant 
College 
Program 
Act 
(33 
U.S.C.
1127(c)).
(F) Section 305 of the Coastal Zone Man-
agement Act of 1972 (16 U.S.C. 1454) is re-
pealed effective October 1, 2002.
(G) The NOAA Fleet Modernization Act
(33 U.S.C. 891 et seq.).
(H) Public Law 85–342 (72 Stat. 35; 16
U.S.C. 778 et seq.), relating to fish research
and experimentation.
(I) The first section of the Act of August
8, 1956 (70 Stat. 1126, chapter 1039; 16
U.S.C. 760d), relating to grants for commercial
fishing education.
(J) Public Law 86–359 (16 U.S.C. 760e et
seq.), relating to the study of migratory marine
gamefish.
(b) AERONAUTICAL MAPPING AND CHARTING.—
(1) IN
GENERAL.—The aeronautical mapping
and charting functions of the National Oceanic and
Atmospheric Administration are transferred to the
Transportation Administrative Services Center at
the Department of Transportation.
(2) TERMINATION OF CERTAIN FUNCTIONS.—
The Transportation Administrative Services Center
shall terminate any functions transferred under
paragraph (1) that are performed by the private sec-
tor or obtain by contract from the private sector
those activities that are commercial in nature and
necessary to carry out inherently governmental func-
tions.
(3) FUNCTIONS REQUESTED BY FEDERAL AVIA-
TION ADMINISTRATION.—
(A) IN GENERAL.—Notwithstanding para-
graph (2), the Director of the Transportation
Administrative Services Center (referred to in
this paragraph as the ‘‘Director’’) shall carry
out such aeronautical charting functions as may
be requested by the Administrator of the Fed-
eral Aviation Administration.
(B) AERONAUTICAL
MAPPING.—In car-
rying out aeronautical mapping functions re-
quested by the Administrator under subpara-
graph (A), the Director shall in such manner
and including such information as the Adminis-
trator determines is necessary for, or will pro-
mote, the safe and efficient movement of air-
craft in air commerce—
(i) publish and distribute to the public
and to the Administrator any aeronautical
charts requested by the Administrator; and
(ii) provide to the Administrator such
other air traffic control products and serv-
ices as may be requested by the Adminis-
trator.
(4) CONTINUING APPLICABILITY.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), the requirements of section
1307 of title 44, United States Code, shall con-
tinue to apply with respect to all aeronautical
products created or published by the Director in
carrying out the functions transferred to the
Director under this paragraph.
(B) EXCEPTIONS.—The prices for products
referred to in subparagraph (A) shall be estab-
lished jointly by the Director and the Secretary
of Transportation on an annual basis.
(c) TRANSFER OF MAPPING, CHARTING, AND GEOD-
ESY FUNCTIONS TO THE ARMY CORPS OF ENGINEERS.—
(1) IN GENERAL.—Except as provided in sub-
section (b), there are transferred to the Army Corps
of Engineers the functions relating to mapping,
charting, and geodesy authorized under the Act of
August 7, 1947 (61 Stat. 787, chapter 504; 33
U.S.C. 883a).
(2) TERMINATION OF CERTAIN FUNCTIONS.—
The Secretary of the Army, acting through the Chief
of Engineers of Army Corps of Engineers, shall ter-
minate any functions transferred under paragraph
(1) that are performed by the private sector or ob-
tain by contract from the private sector those func-
tions that are commercial in nature and are nec-
essary to carry out inherently governmental func-
tions.
(d) NATIONAL ENVIRONMENTAL SATELLITE, DATA,
AND INFORMATION.—There are transferred to the Na-
tional Oceanic and Atmospheric Administration estab-
lished in section 206 all functions and assets of the Na-
tional Oceanic and Atmospheric Administration that on
the date immediately before the effective date of this sec-
tion are authorized to be performed by the National Envi-
ronmental Satellite, Data, and Information System.
(e) OCEANIC
AND
ATMOSPHERIC
ADMINISTRA-
TION.—There are transferred to the National Oceanic and
Atmospheric Administration established in section 206 all
functions and assets of the National Oceanic and Atmos-
pheric Administration (including global programs) that on
the date immediately before the effective date of this sec-
tion were authorized to be performed by the Office of Oce-
anic and Atmospheric Research.
(f) NATIONAL WEATHER SERVICE.—
(1) IN GENERAL.—There are transferred to the
National Oceanic and Atmospheric Administration
established in section 206 all functions and assets of
the National Oceanic and Atmospheric Administra-
tion that on the date immediately before the effec-
tive date of this section are authorized to be per-
formed by the National Weather Service.
(2) DUTIES.—Except as provided in paragraph
(3), to protect life and property and enhance the na-
tional economy, the Administrator of Oceans and At-
mosphere, through the National Weather Service,
shall be responsible for the following:
(A) Forecasts. (The Administrator shall
serve as the sole and official sources of weather
and flood warnings for the Federal Govern-
ment.)
(B) The issuance of storm warnings.
(C) The collection, exchange, and distribu-
tion of meteorological, hydrological, climatic,
and oceanographic data and information.
(D) The preparation of hydro-meteorolog-
ical guidance and core forecast information.
(3) LIMITATIONS ON COMPETITION.—The Na-
tional Weather Service may not compete, or assist
other entities in competing, with the private sector
to provide a service in any case in which that service
is provided by a private sector commercial enterprise
or a private sector commercial enterprise is able to
provide that service, unless—
(A) the Administrator of Oceans and At-
mosphere finds that private sector commercial
enterprises are unwilling or unable to provide
the service; and
(B) the Administrator of Oceans and At-
mosphere finds that the service provides vital
weather warnings and forecasts for the protec-
tion of lives and property of the general public.
(4) ORGANIC ACT AMENDMENTS.—The Act en-
titled ‘‘An Act to increase the efficiency and reduce
the expenses of the Signal Corps of the Army, and
to transfer the Weather Bureau to the Department
of Agriculture’’, approved October 1, 1890 (26 Stat.
653, chapter 1266) is amended—
(A) by striking section 3 (15 U.S.C. 313);
and
(B) in section 9 (15 U.S.C. 317), by strik-
ing ‘‘Department of’’ and all that follows there-
after and inserting ‘‘National Oceanic and At-
mospheric Administration.’’.
(5) REPEAL.—Sections 706 and 707 of the
Weather Service Modernization Act (15 U.S.C. 313
note) are repealed.
(6) CONFORMING AMENDMENTS.—The Weather
Service Modernization Act (15 U.S.C. 313 note) is
amended—
(A) in section 702, by striking paragraph
(3) and redesignating paragraphs (4) through
(10) as paragraphs (3) through (9), respec-
tively; and
(B) in section 703—
(i) by striking ‘‘(a) NATIONAL IMPLE-
MENTATION PLAN.—’’;
(ii) by striking paragraph (3) and re-
designating paragraphs (4) through (6) as
paragraphs (3) through (5), respectively;
and
(iii) by striking subsections (b) and
(c).
(g) TERMINATION OF THE NATIONAL OCEANIC AND
ATMOSPHERIC
ADMINISTRATION
CORPS
OF
COMMIS-
SIONED OFFICERS.—
(1) NUMBER OF OFFICERS.—Notwithstanding
section 8 of the Act of June 3, 1948 (62 Stat. 298,
chapter 390; 33 U.S.C. 853g), no funding may be
provided for a commissioned officer of the National
Oceanic and Atmospheric Administration Corps
after fiscal year 1997 and no individual may serve
as such a commissioned officer after fiscal year
1997.
(2) SEPARATION PAY.—
(A) IN GENERAL.—Commissioned officers
may be separated from the active list of the Na-
tional Oceanic and Atmospheric Administration.
Any officer so separated because of paragraph
(1) shall, subject to subparagraph (B) and the
availability of appropriations, be eligible for sep-
aration pay under section 9 of the Act of June
3, 1948 (62 Stat. 299, chapter 390; 33 U.S.C.
853h) to the same extent as if such officer had
been separated under section 8 of such Act (62
Stat. 298, chapter 390; 33 U.S.C. 853g).
(B) 
TRANSFEREES.—Any 
officer 
who,
under paragraph (4), transfers to another of
the uniformed services or becomes employed in
a civil service position shall not be eligible for
separation pay under this paragraph.
(C) REPAYMENT.—
(i) IN GENERAL.—Any officer who re-
ceives separation pay under this paragraph
shall be required to repay the amount re-
ceived if, within 1 year after the date of
the separation on which the payment is
based, such officer is reemployed in a civil
service position in the National Oceanic
and Atmospheric Administration, the du-
ties of which position would formerly have
been performed by a commissioned officer,
as determined by the Administrator of
Oceans and Atmosphere.
(ii) LUMP SUM.—A repayment under
this subparagraph shall be made in a lump
sum or in such installments as the Admin-
istrator may specify.
(D) REPAYMENTS.—
(i) IN GENERAL.—In the case of any
officer who makes a repayment under sub-
paragraph (C)—
(I) the National Oceanic and At-
mospheric Administration shall pay
into the Civil Service Retirement and
Disability Fund, on such officer’s be-
half, any deposit required under sec-
tion 8422(e)(1) of title 5, United
States Code, with respect to any prior
service performed by that individual
as such an officer; and
(II) if the amount paid under
subclause (I) is less than the amount
of the repayment under subparagraph
(C), the National Oceanic and Atmos-
pheric Administration shall pay into
the Government Securities Investment
Fund 
(established 
under 
section
8438(b)(1)(A) of title 5, United
States Code), on such individual’s be-
half, an amount equal to the dif-
ference.
(ii) APPLICABILITY.—The provisions
of paragraph (5)(C)(iv) shall apply with re-
spect to any contribution to the Thrift
Savings Plan made under clause (ii).
(3) PRIORITY
PLACEMENT
PROGRAM.—A pri-
ority placement program similar to the programs de-
scribed in section 3329a of title 5, United States
Code (as added by section 110 of this Act) shall be
established by the National Oceanic and Atmos-
pheric Administration to assist commissioned offi-
cers who are separated from the active list of the
National Oceanic and Atmospheric Administration
because of paragraph (1).
(4) TRANSFER.—
(A) TRANSFERS TO ARMED FORCES.—Sub-
ject to the approval of the Secretary of Defense
and under terms and conditions specified by the
Secretary, commissioned officers subject to
paragraph (1) may transfer to the Armed
Forces under section 716 of title 10, United
States Code.
(B) TRANSFERS TO UNITED STATES COAST
GUARD.—Subject to the approval of the Sec-
retary of Transportation and under terms and
conditions specified by the Secretary, commis-
sioned officers subject to paragraph (1) may
transfer to the United States Coast Guard
under section 716 of title 10, United States
Code.
(C) TRANSFERS
TO
NATIONAL
OCEANIC
AND ATMOSPHERIC ADMINISTRATION.—Subject
to the approval of the Administrator of Oceans
and Atmosphere and under terms and condi-
tions specified by that Administrator, commis-
sioned officers subject to paragraph (1) may be
employed by the National Oceanic and Atmos-
pheric Administration as members of the civil
service.
(5) RETIREMENT PROVISIONS.—
(A) IN GENERAL.—For commissioned offi-
cers who transfer under paragraph (4)(A) to
the Armed Forces, the National Oceanic and
Atmospheric Administration shall pay into the
Department of Defense Military Retirement
Fund an amount, to be calculated by the Sec-
retary of Defense in consultation with the Sec-
retary of the Treasury, equal to the actuarial
present value of any retired or retainer pay they
will draw upon retirement, including full credit
for service in the National Oceanic and Atmos-
pheric Administration (referred to in this title
as the ‘‘NOAA Corps’’).
(B) OTHER
TRANSFERS.—For commis-
sioned officers who transfer under paragraph
(4)(B) to the United States Coast Guard, full
credit for service in the NOAA Corps shall be
given for purposes of any annuity or other simi-
lar benefit under the retirement system for
members of the United States Coast Guard, en-
titlement to which is based on the separation of
such officer.
(C) PAYMENT TO CERTAIN COMMISSIONED
OFFICERS WHO TRANSFER TO CIVIL SERVICE
POSITIONS.—(i) For a commissioned officer
who becomes employed in a civil service position
pursuant to paragraph (4)(C) and thereupon
becomes subject to the Federal Employees’ Re-
tirement System, the National Oceanic and At-
mospheric Administration shall pay, on such of-
ficer’s behalf—
(I) into the Civil Service Retirement
and Disability Fund, the amounts required
under clause (ii); and
(II) into the Government Securities
Investment Fund, the amount required
under clause (iii).
(ii)(I) The amount required under this
subclause is the amount of any deposit required
under section 8422(e)(1) of title 5, United
States Code, with respect to any prior service
performed by the individual as a commissioned
officer of the National Oceanic and Atmos-
pheric Administration.
(II) To determine the amount required
under this subclause, first determine, for each
year of service with respect to which the deposit
under subclause (I) relates, the product of the
normal-cost percentage for such year (as deter-
mined under the last sentence of this subclause)
multiplied by basic pay received by the indi-
vidual for any such service performed in such
year. Second, take the sum of the amounts de-
termined for the respective years under the first
sentence. Finally, subtract from such sum the
amount of the deposit under subclause (I). For
purposes of the first sentence, the normal-cost
percentage for any year shall be as determined
for such year under the provisions of section
8423(a)(1) of title 5, United States Code, ex-
cept that, in the case of any year before the
first year for which any normal-cost percentage
was determined under such provisions, the nor-
mal-cost percentage for such first year shall be
used.
(iii) The amount required under this clause
is the amount by which the separation pay to
which the officer would have been entitled
under the second sentence of paragraph (2)(A)
(assuming the conditions for receiving such sep-
aration pay have been met) exceeds the amount
of the deposit under clause (ii)(I), if at all.
(iv)(I) Any contribution made under this
subparagraph to the Thrift Savings Plan shall
not be subject to any otherwise applicable limi-
tation on contributions contained in the Inter-
nal Revenue Code of 1986, and shall not be
taken into account in applying any such limita-
tion to other contributions or benefits under the
Thrift Savings Plan, with respect to the year in
which the contribution is made.
(II) A plan referred to in subclause (I)
shall not be treated as failing to meet any non-
discrimination requirement by reason of the
making of such contribution.
(6) REPEALS.—
(A) IN
GENERAL.—The following provi-
sions of law are repealed:
(i) The Coast and Geodetic Survey
Commissioned Officers’ Act of 1948 (33
U.S.C. 853a–853o, 853p–853u).
(ii) Section 5 of the Act of February
16, 1929 (45 Stat. 1187, chapter 221; 33
U.S.C. 852a).
(iii) The Act of January 19, 1942 (56
Stat. 6, chapter 6).
(iv) Section 9(c) of Public Law 87–
649 (76 Stat. 495).
(v) Section 16 of the Act of May 22,
1917 (40 Stat. 87, chapter 20; 33 U.S.C.
854).
(vi) The Act of December 3, 1942 (56
Stat. 1038, chapter 670).
(vii) Sections 1 through 5 of Public
Law 91–621 (33 U.S.C. 857–1 through
857–5).
(viii) Section 3 of the Act of August
10, 1956 (70A Stat. 619, chapter 1041; 33
U.S.C. 857a).
(ix) Section 11 of the Act of May 18,
1920 (41 Stat. 603, chapter 190; 33
U.S.C. 864).
(x) The Act of July 22, 1947 (61
Stat. 400, chapter 286; 33 U.S.C. 873 and
874).
(xi) The Act of August 3, 1956 (70
Stat. 988, chapter 932; 33 U.S.C. 875 and
876).
(B) RULE OF CONSTRUCTION.—No repeal
under this subparagraph shall affect any annu-
ity or other similar benefit payable, under any
provision of law so repealed, based on the sepa-
ration of any individual from the NOAA Corps
on or before September 30, 2002. Any author-
ity exercised by the Secretary of Commerce or
the designee of the Secretary with respect to
any such benefits shall be exercised by the Ad-
ministrator of Oceans and Atmosphere, and any
authorization of appropriations relating to those
benefits, which is in effect as of September 30,
2002, shall be considered to have remained in
effect.
(C) EFFECTIVE DATE OF REPEALS.—The
effective date of the repeals under subpara-
graph (A) shall be October 1, 2002.
(D) 
APPLICABILITY
OF
RETIREMENT
LAWS.—
(i) IN GENERAL.—All laws relating to
the retirement of commissioned officers of
the Navy shall apply to commissioned offi-
cers of the former Commissioned Officers
Corps of the National Oceanic and Atmos-
pheric Administration and its predecessors.
(ii) ACTIVE MILITARY SERVICE.—Ac-
tive service of officers of the former Com-
missioned Officers Corps of the National
Oceanic and Atmospheric Administration
and its predecessors who have retired from
the Commissioned Officers Corps shall be
deemed to be active military service in the
United States Navy for purposes of all
rights, privileges, immunities, and benefits
provided to retired commissioned officers
of the Navy by the laws and regulations of
the United States and any agency thereof.
In the Administration of those laws (in-
cluding regulations) with respect to retired
officers of the former Commissioned Offi-
cers Corps of the National Oceanic and At-
mospheric Administration and its prede-
cessors, the authority of the Secretary of
the Navy shall be exercised by the Admin-
istrator of Oceans and Atmosphere.
(iii) ITS PREDECESSORS DEFINED.—
For purposes of this subparagraph, the
term ‘‘its predecessors’’ means the former
Commissioned Officers Corps of the Envi-
ronmental Science Services Administration
and the former Commissioned Officers
Corps of the Coast and Geodetic Survey.
(7) CREDITABILITY OF NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION SERVICE FOR PUR-
POSES
RELATING
TO
REDUCTIONS
IN
FORCE.—A
commissioned officer who is separated from the ac-
tive list of the National Oceanic and Atmospheric
Administration or its successor by reason of para-
graph (1) shall, for purposes of any subsequent re-
duction in force, receive credit for any period of
service performed as such an officer before separa-
tion from such list to the same extent and in the
same manner as if the period had been a period of
active service in the Armed Forces.
(8) 
ABOLITION.—Effective 
September 
30,
2002, the Office of the National Oceanic and Atmos-
pheric Administration Corps of Operations or its
successor and the Commissioned Personnel Center
are abolished.
(h) NATIONAL OCEANIC AND ATMOSPHERIC ADMIN-
ISTRATION FLEET.—
(1) 
SERVICE
CONTRACTS.—Notwithstanding
any other provision of law, the Administrator of
Oceans and Atmosphere shall enter into contracts,
including multiyear contracts, subject to paragraph
(3), for the use of vessels to conduct oceanographic
research and fisheries research, monitoring, enforce-
ment, and management, and to acquire other data
necessary to carry out the missions of the National
Oceanic and Atmospheric Administration. The Ad-
ministrator of Oceans and Atmosphere shall enter
into these contracts unless—
(A) the cost of the contract is more than
the cost (including the cost of vessel operation,
maintenance, and all personnel) to the National
Oceanic and Atmospheric Administration of ob-
taining those services on vessels of the National
Oceanic and Atmospheric Administration;
(B) the contract is for a period greater
than 7 years; or
(C) the data is acquired through a vessel
agreement pursuant to paragraph (4).
(2) VESSELS.—The Administrator of Oceans
and Atmosphere may not enter into any contract for
the construction, lease-purchase, upgrade, or service
life extension of any vessel.
(3) MULTIYEAR CONTRACTS.—
(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), and notwithstanding sec-
tion 1341 of title 31, United States Code, and
section 11 of title 41, United States Code, the
Administrator of Oceans and Atmosphere may
acquire data under multiyear contracts.
(B) REQUIRED FINDINGS.—The Adminis-
trator of Oceans and Atmosphere may not enter
into a contract pursuant to this paragraph un-
less the Administrator finds, with respect to
that contract, that there is a reasonable expec-
tation that throughout the contemplated con-
tract period the Administrator will request from
Congress funding for the contract at the level
required to avoid the termination of that con-
tract.
(C) REQUIRED PROVISIONS.—The Admin-
istrator of Oceans and Atmosphere may not
enter into a contract under this paragraph un-
less 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-
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 Oceans and Atmosphere—
(A) shall, if appropriate, use excess capac-
ity of University National Oceanographic Lab-
oratory System vessels; and
(B) may enter into memoranda of agree-
ment with the operators of the vessels referred
to in subparagraph (A) to carry out the require-
ment under that subparagraph.
(5) TRANSFER OF EXCESS VESSELS.—The Ad-
ministrator of Oceans and Atmosphere shall transfer
any vessel that weighs more than 1,500 gross tons
that are excess to the needs of the National Oceanic
and Atmospheric Administration to the National De-
fense Reserve Fleet. Notwithstanding any other pro-
vision of law, these vessels may be scrapped in ac-
cordance with section 510(i) of the Merchant Marine
Act, 1936 (46 U.S.C. App. 1160(i)).
(i) NATIONAL MARINE FISHERIES SERVICE.—There
are transferred to the National Oceanic and Atmospheric
Administration all functions that on the day before the
effective date of this section are authorized by law to be
performed by the National Marine Fisheries Service.
(j) NATIONAL OCEAN SERVICE.—Except as otherwise
provided in this Act, there are transferred to the National
Oceanic and Atmospheric Administration established
under section 206 all functions and assets of the National
Oceanic and Atmospheric Administration that on the date
immediately before the effective date of this section are
authorized to be performed by the National Ocean Service
(including the Coastal Ocean Program).
(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 are vested in the
Secretary of Commerce.
SEC. 206. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN-
ISTRATION.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—There is established as an
independent agency in the executive branch the Na-
tional Oceanic and Atmospheric Administration (in
this section referred to as ‘‘NOAA’’). NOAA, and all
functions and offices transferred to NOAA under
this Act, shall be administered under the supervision
and direction of an Administrator of Oceans and At-
mosphere.
(2) ADMINISTRATOR OF OCEANS AND ATMOS-
PHERE.—The Administrator of Oceans and Atmos-
phere shall—
(A) be appointed by the President, by and
with the advice and consent of the Senate; and
(B) receive basic pay at the rate payable
for level II of the Executive Schedule under sec-
tion 5313 of title 5, United States Code.
(3) FUNCTIONS.—The Administrator of Oceans
and Atmosphere shall perform the functions per-
formed by the Administrator of the National Oce-
anic and Atmospheric Administration, except as oth-
erwise provided in this Act.
(b) PRINCIPAL OFFICER.—There shall be in NOAA,
on the transfer of functions and offices under this Act,
a Director of the National Bureau of Standards, who—
(1) shall be appointed by the President, by and
with the advice and consent of the Senate; and
(2) 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.—
(1) IN GENERAL.—There shall be in NOAA—
(A) a Chief Financial Officer, to be ap-
pointed by the President, by and with the ad-
vice and consent of the Senate;
(B) a Chief of External Affairs, to be ap-
pointed by the President, by and with the ad-
vice and consent of the Senate;
(C) a General Counsel, to be appointed by
the President, by and with the advice and con-
sent of the Senate; and
(D) an Inspector General, to be appointed
in accordance with the Inspector General Act of
1978 (5 U.S.C. App.).
(2) COMPENSATION.—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 Act, there are trans-
ferred to NOAA—
(1) the functions and offices of the National
Oceanic and Atmospheric Administration, as pro-
vided in section 205;
(2) the National Bureau of Standards, along
with its functions and offices, as provided in section
202; and
(3) the Office of Space Commerce, along with
its functions and offices.
(e) ELIMINATION
OF POSITIONS.—The Adminis-
trator of Oceans and Atmosphere may eliminate positions
that are no longer necessary because of the termination
of functions under this section and sections 202 and 205.
(f) AGENCY TERMINATIONS.—
(1) TERMINATIONS.—
(A) IN GENERAL.—On the date specified
in section 209(a), the following shall terminate:
(i) The Office of the Deputy Adminis-
trator and Assistant Secretary of the Na-
tional Oceanic and Atmospheric Adminis-
tration.
(ii) The Office of the Deputy Under
Secretary of the National Oceanic and At-
mospheric Administration.
(iii) The Office of the Chief Scientist
of the National Oceanic and Atmospheric
Administration.
(iv) The position of Deputy Assistant
Secretary for Oceans and Atmosphere.
(v) The position of Deputy Assistant
Secretary for International Affairs.
(vi) Any office of the National Oce-
anic and Atmospheric Administration or
the National Bureau of Standards whose
primary purpose is to perform high per-
formance computing communications, leg-
islative, personnel, public relations, budget,
constituent, 
intergovernmental, 
inter-
national, policy and strategic planning,
sustainable development, administrative, fi-
nancial, educational, legal and coordination
functions.
(vii) The position of Associate Direc-
tor of the National Institute of Standards
and Technology.
(B) REQUIREMENT.—The functions re-
ferred to in subparagraph (A)(vi) shall be per-
formed only by officers described in subsection
(c).
(2) TERMINATION
OF
EXECUTIVE
SCHEDULE
POSITIONS.—Each position that, before the effective
date of this section, was expressly authorized by law,
or the incumbent of which is authorized to receive
compensation at the rate prescribed for levels I
through V of the Executive Schedule under sections
5312 through 5315 of title 5, United States Code,
in an office terminated pursuant to this section and
sections 202 and 205 shall also terminate.
SEC. 207. PATENT AND TRADEMARK OFFICE.
(a) TRANSFER
TO DEPARTMENT
OF JUSTICE.—
There are transferred to the Department of Justice the
United States Patent and Trademark Office and all func-
tions authorized by law to be carried out by that office.
(b) CONFORMING
AMENDMENTS
TO
TITLE
35,
UNITED STATES CODE.—Title 35, United States Code, is
amended as follows:
(1) Section 1(a) is amended in the first sen-
tence by striking ‘‘Commerce’’ and inserting ‘‘Jus-
tice’’.
(2) Section 2 is amended—
(A) in subsection (a), in the matter pre-
ceding paragraph (1), by striking ‘‘Secretary of
Commerce’’ and inserting ‘‘Attorney General’’;
and
(B) in paragraphs (8) and (12)(A) of sub-
section (b), by striking ‘‘Secretary of Com-
merce’’ and inserting ‘‘Attorney General’’.
(3) Section 3 is amended—
(A) in subsection (a)—
(i) in the subsection heading, by strik-
ing ‘‘UNDER SECRETARY AND’’; and
(ii) in paragraph (1), by striking
‘‘Under Secretary of Commerce for Intel-
lectual Property and’’;
(B) in subsection (b)—
(i) in paragraph (1)—
(I) in the paragraph heading, by
striking ‘‘DEPUTY UNDER SECRETARY
AND’’;
(II) by striking ‘‘Secretary of
Commerce’’ the first place it appears
and inserting ‘‘Attorney General’’;
and
(III) by striking ‘‘Deputy Under
Secretary of Commerce for Intellec-
tual Property and’’;
(ii) in paragraph (2)(A), by striking
‘‘Secretary of Commerce’’ and inserting
‘‘Attorney General’’;
(iii) in paragraph (2)(B)—
(I) by striking ‘‘Secretary of
Commerce’’ and inserting ‘‘Attorney
General’’; and
(II) by striking ‘‘Secretary’’ each
subsequent place it appears and in-
serting ‘‘Attorney General’’; and
(iv) in paragraph (2)(C), by striking
‘‘Secretary’’ and inserting ‘‘Attorney Gen-
eral’’; and
(C) in subsection (e)(2), by striking ‘‘Sec-
retary of Commerce’’ each place it appears and
inserting ‘‘Attorney General’’.
(4) Section 5 is amended—
(A) by striking ‘‘Secretary of Commerce’’
each place it appears and inserting ‘‘Attorney
General’’; and
(B) in subsection (a)(2), by striking ‘‘Sec-
retary’’ and inserting ‘‘Attorney General’’.
(5) Sections 11 and 13 are each amended by
striking ‘‘Secretary of Commerce’’ and inserting
‘‘Attorney General’’.
(6) Section 42(e) is amended by striking ‘‘Sec-
retary of Commerce’’ and inserting ‘‘Attorney Gen-
eral’’.
(7) Sections 181 and 188 are each amended by
striking ‘‘Secretary of Commerce’’ and inserting
‘‘Attorney General’’.
(8) Section 202(b)(1) is amended—
(A) by striking ‘‘Secretary of Commerce’’
each place it appears and inserting ‘‘Attorney
General’’; and
(B) by striking ‘‘Secretary’’ in the last sen-
tence and inserting ‘‘Attorney General’’.
(9) Sections 206, 207(b), and 208 are each
amended by striking ‘‘Secretary of Commerce’’ and
inserting ‘‘Attorney General’’.
(c) OTHER CONFORMING AMENDMENTS.—
(1) Section 45 of the Act of July 5, 1946 (com-
monly referred to as the ‘‘Trademark Act of 1946’’)
is amended in the definition of ‘‘Director’’, by strik-
ing ‘‘Under Secretary of Commerce for Intellectual
Property and’’.
(2) Section 5314 of title 5, United States Code,
is amended by striking ‘‘Under Secretary of Com-
merce for Intellectual Property and’’.
(3) Section 5315 of title 5, United States Code,
is amended by striking ‘‘Deputy Under Secretary of
Commerce for Intellectual Property and’’.
(4) Sections 1295(a)(4)(B) and 1744 of title
28, United States Code, are each amended by strik-
ing ‘‘Deputy Under Secretary of Commerce for In-
tellectual Property and’’.
SEC. 208. MISCELLANEOUS TERMINATIONS; MORATORIUM
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 programs and activities of the National
Telecommunications and Information Administration
referred to in section 204(a).
(3) The Advanced Technology Program under
section 28 of the National Institute of Standards
and Technology Act (15 U.S.C. 278n), as in effect
on the day before the effective date of section
202(d).
(4) 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), as in effect on the day before the effective
date of section 202(d).
(5) The National Institute of Standards and
Technology METRIC Program.
(6) The Economics and Statistics Administra-
tion.
(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 enactment of this Act.
SEC. 209. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), this title shall take effect on the date specified in sec-
tion 102(c).
(b) PROVISIONS EFFECTIVE ON DATE OF ENACT-
MENT.—The following provisions of this title shall take ef-
fect on the date of enactment of this Act:
(1) Section 201.
(2) Section 205(g), except as otherwise pro-
vided in that section.
(3) Section 208(b).
(4) This section.
TITLE III—ESTABLISHMENT OF
UNITED STATES TRADE AD-
MINISTRATION
Subtitle A—General Provisions
SEC. 301. DEFINITIONS.
In this title:
(1) FEDERAL
AGENCY.—The term ‘‘Federal
agency’’ has the meaning given to the term ‘‘agen-
cy’’ in section 551(1) of title 5, United States Code.
(2) 
TRADE
ADMINISTRATION.—The 
term
‘‘Trade Administration’’ means the United States
Trade Administration established by section 311 of
this Act.
(3) 
TRADE
REPRESENTATIVE.—The 
term
‘‘Trade Representative’’ means the United States
Trade Representative provided for under section 311
of this Act.
Subtitle B—United States Trade
Administration
CHAPTER 1—ESTABLISHMENT
SEC. 311. ESTABLISHMENT OF THE UNITED STATES TRADE
ADMINISTRATION.
(a) IN GENERAL.—The United States Trade Admin-
istration is established in the executive branch of Govern-
ment as an independent establishment as defined in sec-
tion 104 of title 5, United States Code. The United States
Trade Representative shall be the head of the Trade Ad-
ministration and shall be appointed by the President, by
and with the advice and consent of the Senate.
(b) AMBASSADOR STATUS.—The Trade Representa-
tive shall have the rank of Ambassador Extraordinary and
Plenipotentiary and shall represent the United States in
all trade negotiations conducted by the Trade Administra-
tion.
(c) CONTINUED SERVICE OF CURRENT TRADE REP-
RESENTATIVE.—The individual serving as the United
States Trade Representative on the date immediately pre-
ceding the effective date of this title may continue to serve
as Trade Representative under this section until such time
as the Trade Representative is appointed pursuant to sub-
section (a).
(d) SUCCESSOR
TO
THE DEPARTMENT
OF COM-
MERCE.—The Trade Administration shall be the successor
to the Department of Commerce for purposes of protocol.
SEC. 312. FUNCTIONS OF THE TRADE REPRESENTATIVE.
(a) IN GENERAL.—In addition to the functions trans-
ferred to the Trade Representative by this title, such other
functions as the President may assign or delegate to the
Trade Representative, and such other functions as the
Trade Representative may, after the effective date of this
title, be required to carry out by law, the Trade Represent-
ative shall—
(1) serve as the principal advisor to the Presi-
dent on international trade policy and advise the
President on the impact of other policies of the
United States Government on international trade;
(2) exercise primary responsibility, with the ad-
vice of the interagency organization established
under section 242 of the Trade Expansion Act of
1962 (19 U.S.C. 1872), for developing and imple-
menting international trade policy, including com-
modity matters and, to the extent related to inter-
national trade policy, direct investment matters and,
in exercising such responsibility, advance and imple-
ment, as the primary mandate of the Trade Admin-
istration, the goals of the United States to—
(A) maintain United States leadership in
international trade liberalization and expansion
efforts;
(B) reinvigorate the ability of the United
States economy to compete in international
markets and to respond flexibly to changes in
international competition; and
(C) expand United States participation in
international trade through aggressive pro-
motion and marketing of goods and services
that are products of the United States;
(3) exercise lead responsibility for the conduct
of international trade negotiations, including nego-
tiations relating to commodity matters and, to the
extent that such negotiations are related to inter-
national trade, direct investment negotiations;
(4) exercise lead responsibility for the establish-
ment of a national export strategy, including policies
designed to implement such strategy;
(5) with the advice of the interagency organiza-
tion established under section 242 of the Trade Ex-
pansion Act of 1962, issue policy guidance to other
Federal agencies on international trade, commodity,
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 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 law relating to
trade agreements; and
(B) with respect to other 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 (19 U.S.C.
2211) currently informed on United States negoti-
ating objectives with respect to—
(A) trade agreements;
(B) the status of negotiations in progress
with respect to such agreements; and
(C) the nature of any changes in domestic
law or the administration thereof that the
Trade Representative may recommend to Con-
gress 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 to
carry out this paragraph;
(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
(17) monitor and enforce foreign government
compliance with international trade agreements to
protect United States interests.
(b) INTERAGENCY ORGANIZATION.—The Trade Rep-
resentative shall be the chairperson of the interagency or-
ganization established under section 242 of the Trade Ex-
pansion Act of 1962.
(c) NATIONAL SECURITY COUNCIL.—The Trade Rep-
resentative shall be a member of the National Security
Council.
(d) ADVISORY COUNCIL.—The Trade Representative
shall be Deputy Chairman of the National Advisory Coun-
cil on International Monetary and Financial Policies es-
tablished under Executive Order No. 11269, issued Feb-
ruary 14, 1966.
(e) AGRICULTURE.—
(1) CONSULTATIONS.—The Trade Representa-
tive shall consult with the Secretary of Agriculture
or the designee of the Secretary of Agriculture on all
matters that potentially involve international trade
in agricultural products.
(2) UNITED STATES DELEGATION.—If an inter-
national meeting for negotiation or consultation in-
cludes discussion of international trade in agricul-
tural products, the Trade Representative or the des-
ignee of the Trade Representative 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
Trade Representative under subsection (h) to assign
to the Secretary of Agriculture responsibility for the
conduct of, or participation in, any trade negotiation
or meeting.
(f) TRADE PROMOTION.—The Trade Representative
shall be the chairperson of the Trade Promotion Coordi-
nating Committee established under section 2312 of the
Export Enhancement Act of 1988 (15 U.S.C. 4727).
(g) NATIONAL ECONOMIC COUNCIL.—The Trade
Representative shall be a member of the National Eco-
nomic Council established under Executive Order No.
12835, issued January 25, 1993.
(h) INTERNATIONAL TRADE NEGOTIATIONS.—Ex-
cept where expressly prohibited by law, the Trade Rep-
resentative, at the request or with the concurrence of the
head of any other Federal agency, may assign the respon-
sibility for conducting or participating in any specific
international trade negotiation or meeting to the head of
such agency whenever the Trade Representative deter-
mines that the subject matter of such international trade
negotiation is related to the functions carried out by such
agency.
CHAPTER 2—OFFICERS
SEC. 321. DEPUTY UNITED STATES TRADE REPRESENTA-
TIVES.
(a) ESTABLISHMENT.—There shall be in the Trade
Administration 3 Deputy United States Trade Represent-
atives, 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 Trade Representative,
and shall include—
(1) the Deputy United States Trade Represent-
ative for Negotiations (referred to in this title as the
‘‘Deputy Trade Representative for Negotiations’’);
(2) the Deputy United States Trade Represent-
ative to the World Trade Organization (referred to
in this title as the ‘‘Deputy Trade Representative to
the WTO’’); and
(3) the Deputy United States Trade Represent-
ative for Administration (referred to in this title as
the ‘‘Deputy Trade Representative for Administra-
tion’’).
(b) FUNCTIONS OF DEPUTY TRADE REPRESENTA-
TIVES.—
(1) DEPUTY TRADE REPRESENTATIVE FOR NE-
GOTIATIONS.—The Deputy Trade Representative for
Negotiations shall exercise all functions transferred
under section 331 relating to trade negotiations and
such other functions as the Trade Representative
may direct and shall have the rank and status of
Ambassador.
(2) DEPUTY TRADE REPRESENTATIVE TO THE
WTO.—The Deputy Trade Representative to the
WTO shall exercise all functions relating to rep-
resentation to the World Trade Organization and
shall have the rank and status of Ambassador.
(3) DEPUTY TRADE REPRESENTATIVE FOR AD-
MINISTRATION.—
(A) ABSENCE, DISABILITY, OR
VACANCY
OF
TRADE
REPRESENTATIVE.—The Deputy
Trade Representative for Administration shall
act for and exercise the functions of the Trade
Representative during the absence or disability
of the Trade Representative or in the event the
office of the Trade Representative becomes va-
cant. The Deputy Trade Representative for Ad-
ministration shall act for and exercise the func-
tions of the Trade Representative until the ab-
sence or disability of the Trade Representative
no longer exists or a successor to the Trade
Representative has been appointed by the Presi-
dent and confirmed by the Senate.
(B) FUNCTIONS.—The Deputy Trade Rep-
resentative for Administration shall exercise all
functions, under the direction of the Trade
Representative, transferred to or established in
the Trade Administration, except those func-
tions exercised by the Deputy United States
Trade Representatives described in paragraphs
(1) and (2), the Assistant Administrator for
Export Promotion, the Inspector General of the
Trade Administration, and the General Counsel
of the Trade Administration.
SEC. 322. ASSISTANT ADMINISTRATORS.
(a) ESTABLISHMENT.—There shall be in the Trade
Administration 4 Assistant Administrators, who shall be
appointed by the President, by and with the advice and
consent of the Senate. The Assistant Administrators shall
exercise all functions under the direction of the Deputy
Trade Representative for Administration and include—
(1) the Assistant Administrator for Export Ad-
ministration;
(2) the Assistant Administrator for Import Ad-
ministration;
(3) the Assistant Administrator for Trade and
Policy Analysis; and
(4) the Assistant Administrator for Export Pro-
motion.
(b) FUNCTIONS OF ASSISTANT ADMINISTRATORS.—
(1) EXPORT ADMINISTRATION.—The Assistant
Administrator for Export Administration shall exer-
cise 
all 
functions 
transferred 
under 
section
332(1)(C).
(2) IMPORT ADMINISTRATION.—The Assistant
Administrator for Import Administration shall exer-
cise 
all 
functions 
transferred 
under 
section
332(1)(D).
(3) TRADE AND POLICY ANALYSIS.—The Assist-
ant Administrator for Trade and Policy Analysis
shall exercise all functions transferred under section
332(1)(B) and all functions transferred under sec-
tion 332(2).
(4) EXPORT PROMOTION.—The Assistant Ad-
ministrator for Export Promotion shall exercise all
functions transferred under sections 332(1)(A)(ii)
and 333, and shall have the rank and status of Am-
bassador.
SEC. 323. GENERAL COUNSEL.
There shall be in the Trade Administration a General
Counsel, 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 Trade Rep-
resentative concerning the activities, programs, and poli-
cies of the Trade Administration.
SEC. 324. INSPECTOR GENERAL.
There shall be in the Trade Administration an In-
spector General who shall be appointed in accordance with
the Inspector General Act of 1978, as amended by section
371(a) of this Act.
SEC. 325. CHIEF FINANCIAL OFFICER.
There shall be in the Trade Administration a Chief
Financial Officer who shall be appointed in accordance
with section 901 of title 31, United States Code, as
amended by section 371(e) of this Act. The Chief Finan-
cial Officer shall perform all functions prescribed by the
Deputy Trade Representative for Administration, under
the direction of the Deputy Trade Representative.
CHAPTER 3—TRANSFERS TO THE TRADE
ADMINISTRATION
SEC. 331. OFFICE OF THE UNITED STATES TRADE REP-
RESENTATIVE.
(a) ABOLISHMENT OF OFFICE OF THE USTR.—Ef-
fective on the applicable date specified in section 102(c),
the Office of the United States Trade Representative es-
tablished by section 141 of the Trade Act of 1974 (19
U.S.C. 141) as in effect on the day before the applicable
date specified in section 102(c) is abolished.
(b) TRANSFER OF FUNCTIONS.—Except as otherwise
provided in this Act, all functions that on the day before
the applicable date specified in section 102(c) are author-
ized to be performed by the United States Trade Rep-
resentative, any other officer or employee of the Office of
the United States Trade Representative acting in that ca-
pacity, or any agency or office of the Office of the United
States Trade Representative, are transferred to the Trade
Administration established under this title effective on
that date.
(c) DETERMINATION OF CERTAIN FUNCTIONS.—If
necessary, the Office of Management and Budget shall
make any determination of the functions that are trans-
ferred under this title.
SEC. 332. TRANSFERS FROM THE DEPARTMENT OF COM-
MERCE.
There are transferred to the Trade Administration
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)(i) The Under Secretary of Commerce
for International Trade.
(ii) The Assistant Secretary of Commerce
and 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 Market Access and Compliance and the As-
sistant Secretary of Commerce for Trade Devel-
opment.
(C) The Under Secretary of Commerce for
Export Administration.
(D) The Assistant Secretary of Commerce
for Import Administration.
(2) All functions of the Secretary of Commerce
relating to the National Trade Data Bank.
(3) All functions of the Secretary of Commerce
under the Tariff Act of 1930, the Uruguay Round
Agreements Act, the Trade Act of 1974, and other
Acts relating to international trade for which re-
sponsibility is not otherwise assigned under this
title.
SEC. 333. TRADE AND DEVELOPMENT AGENCY.
There are transferred to the Assistant Administrator
for Export Promotion all functions of the Trade and De-
velopment Agency and all functions of the Director of the
Trade and Development Agency.
SEC. 334. EXPORT-IMPORT BANK.
(a) IN GENERAL.—
(1) TRANSFER
OF
FUNCTIONS.—There are
transferred to the Trade Representative all functions
of the Secretary of Commerce relating to the Ex-
port-Import Bank of the United States.
(2) 
CONFORMING
AMENDMENT.—Section
3(c)(1) of the Export-Import Bank Act of 1945 (12
U.S.C. 635a(c)(1)) is amended to read as follows:
‘‘(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 Assistant Administrator 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 of the Omnibus Trade and
Competitiveness Act of 1988 (15 U.S.C. 4721) is
amended—
(1) in subsection (a)—
(A) by amending paragraph (1) to read as
follows:
‘‘(1) IN
GENERAL.—The United States and
Foreign Commercial Service is established in the
United States Trade Administration.’’;
(B) in paragraph (2)—
(i) by striking ‘‘Assistant Secretary of
Commerce and Director General of the
Commercial Service’’ the first place it ap-
pears and inserting ‘‘Assistant Adminis-
trator for Export Promotion in the Trade
Administration’’; and
(ii) by striking ‘‘Assistant Secretary
of Commerce and Director General of the
Commercial Service’’ the second place it
appears and inserting ‘‘Assistant Adminis-
trator for Export Promotion’’; and
(C) in paragraph (3) by striking ‘‘Sec-
retary’’ and inserting ‘‘Trade Representative’’;
(2) by striking ‘‘Secretary’’ each place it ap-
pears (other than in the phrase ‘‘Secretary of
State’’) and inserting ‘‘Trade Representative’’;
(3) in subsection (e) in the last sentence by
striking ‘‘Department of Commerce’’ and inserting
‘‘United States Trade Administration’’;
(4) in subsection (f)—
(A) by striking ‘‘the Trade and Develop-
ment Program,’’; and
(B) by striking ‘‘Assistant Secretary of
Commerce and Director General of the Com-
mercial Service’’ and inserting ‘‘Assistant Ad-
ministrator for Export Promotion in the Trade
Administration’’;
(5) in subsection (g) by striking ‘‘Department
of Commerce’’ and inserting ‘‘United States Trade
Administration’’;
(6) by amending subsection (h) to read as fol-
lows:
‘‘(h) ASSISTANCE TO EXPORT-IMPORT BANK.—The
Commercial Service shall provide such services as the As-
sistant Administrator for Export Promotion of the United
States Trade Administration determines necessary to as-
sist the Export-Import Bank of the United States to carry
out the lending, loan guarantee, insurance, and other ac-
tivities of the Bank.’’; and
(7) in subsection (j) by striking paragraph (1)
and inserting the following:
‘‘(1) the term ‘Trade Representative’ means the
United States Trade Representative;’’.
(d) TPCC.—Section 2312(d)(1) of the Export En-
hancement Act of 1988 (15 U.S.C. 4727(d)(1)) is
amended—
(1) by striking subparagraphs (A) and (J) and
redesignating the remaining subparagraphs accord-
ingly; and
(2) in subparagraph (F), as so redesignated, by
striking ‘‘Office of the United States Trade Rep-
resentative’’ and inserting ‘‘United States Trade Ad-
ministration’’.
SEC. 335. OVERSEAS PRIVATE INVESTMENT CORPORATION.
(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
Assistant Administrator for Export Promotion of the
United States Trade Administration shall serve as an ex
officio nonvoting member of the Board of Directors of the
Overseas Private Investment Corporation.
SEC. 336. CONSOLIDATION OF EXPORT PROMOTION AND FI-
NANCING ACTIVITIES.
(a) SUBMISSION OF PLAN.—
(1) IN
GENERAL.—Not later than 180 days
after the date of enactment of this Act, the Presi-
dent shall transmit to Congress a comprehensive
plan—
(A) to consolidate Federal nonagricultural
export promotion activities and export financing
activities; and
(B) to transfer those functions to the
Trade Administration.
(2) CONTENTS
OF
PLAN.—The plan under
paragraph (1) shall provide for—
(A) the elimination of overlap and duplica-
tion among all Federal nonagricultural export
promotion activities and export financing activi-
ties;
(B) a unified budget for all Federal non-
agricultural export promotion activities which
eliminates funding for overlapping and duplica-
tive activities identified under subparagraph
(A); and
(C) a long-term agenda for developing bet-
ter cooperation between local, State, and Fed-
eral programs and activities designed to stimu-
late or assist United States businesses in ex-
porting nonagricultural goods or services that
are products of the United States, including
sharing of facilities, costs, and export market
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 Trade Administration;
(2) achieve an overall 25 percent reduction in
the amount of funding for all Federal non-
agricultural export promotion activities by not later
than 2 years after the date of enactment of this Act;
(3) identify any function of the Department of
Commerce or of any other Federal department not
transferred to the Trade Administration by this title,
which should be transferred to the Trade Adminis-
tration in order to ensure United States competitive-
ness in international trade; and
(4) assess the feasibility and potential savings
resulting from—
(A) the consolidation of the Export-Import
Bank of the United States and the Overseas
Private Investment Corporation;
(B) the consolidation of the Boards of Di-
rectors of the Export-Import Bank and the
Overseas Private Investment Corporation; and
(C) the consolidation of the Trade and De-
velopment Agency with the consolidations de-
scribed in subparagraphs (A) and (B).
(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 trade mis-
sions, and departments and agencies with representatives
on the Trade Promotion Coordinating Committee estab-
lished 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.
SEC. 337. FUNCTIONS RELATED TO TEXTILE AGREEMENTS.
(a) FUNCTIONS OF CITA.—
(1) IN GENERAL.—Subject to paragraph (2),
those functions delegated to the Committee for the
Implementation of Textile Agreements established
under Executive Order No. 11651 (7 U.S.C. 1854
note) (in this subsection referred to as ‘‘CITA’’) are
transferred to the Trade Administration.
(2) OTHER FUNCTIONS.—Those functions dele-
gated to CITA that relate to the assessment of the
impact of textile imports on domestic industry are
transferred to the International Trade Commission.
Not later than 60 days after receiving a request for
an investigation relating to such assessment, the
International Trade Commission shall make a deter-
mination pursuant to the request and advise the
President of the determination.
(b) ABOLITION OF CITA.—CITA is abolished.
CHAPTER 4—ADMINISTRATIVE
PROVISIONS
SEC. 341. PERSONNEL PROVISIONS.
(a) APPOINTMENTS.—The Trade Representative may
appoint and fix the compensation of such officers and em-
ployees, including investigators, attorneys, and adminis-
trative law judges, as may be necessary to carry out the
functions of the Trade Representative and the Trade Ad-
ministration. Except as otherwise provided by law, such
officers and employees shall be appointed 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) IN GENERAL.—At the request of the Trade
Representative, the Director of the Office of Per-
sition 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) EXCEPTION TO EXECUTIVE POSITION LIMI-
TATION.—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 title.
(c) EXPERTS AND CONSULTANTS.—The Trade Rep-
resentative may obtain the services of experts and consult-
ants in accordance with section 3109 of title 5, United
States Code, and compensate such experts and consultants
for each day (including traveltime) at rates not in excess
of the maximum rate of pay for a position above GS–15
of the General Schedule under section 5108 of such title.
The Trade Representative may pay experts and consult-
ants 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) IN GENERAL.—
tration that is inconsistent with any specific provision of
this title.
SEC. 345. RULES.
The Trade Representative 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 Trade Representative determines necessary or appro-
priate to administer and manage the functions of the
Trade Representative or the Trade Administration.
SEC. 346. FUNDS TRANSFER.
The Trade Representative may, when authorized in
an appropriation Act in any fiscal year, transfer funds
from one appropriation to another within the Trade Ad-
ministration, except that—
(1) no appropriation for any fiscal year shall be
either increased or decreased by more than 10 per-
cent; and
(2) no such transfer shall result in increasing
any such appropriation above the amount authorized
to be appropriated for that purpose.
SEC. 347. CONTRACTS, GRANTS, AND COOPERATIVE AGREE-
MENTS.
(a) IN GENERAL.—Subject to the provisions of the
Federal Property and Administrative Services Act of
1949, the Trade Representative may make, enter into, and
100
perform such contracts, leases, cooperative agreements,
grants, or other similar transactions with public agencies,
private organizations, 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 nec-
essary adjustments on account of overpayments and un-
derpayments) as the Trade Representative considers nec-
essary or appropriate to carry out the functions of the
Trade Representative or the Trade Administration.
(b) EXCEPTION.—Notwithstanding any other provi-
sion of this title, the authority to enter into contracts or
to make payments under this chapter shall be effective
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
349.
SEC. 348. USE OF FACILITIES.
(a) USE BY TRADE REPRESENTATIVE.—In carrying
out any function of the Trade Representative or the Trade
Administration, the Trade Representative, 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 instrumen-
101
tality of the United States or of any State, the Dis-
trict 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.
(b) USE OF TRADE REPRESENTATIVE FACILITIES.—
The Trade Representative, under terms, at rates, and for
periods that the Trade Representative considers to be in
the public interest, may permit the use by public and pri-
vate agencies, corporations, associations or other organiza-
tions, or individuals, of any real property, or any facility,
structure or other improvement thereon, under the cus-
tody of the Trade Representative. The Trade Representa-
tive may require permittees under this section to maintain
or recondition, at their own expense, the real property, fa-
cilities, structures, and improvements used by such per-
mittees.
SEC. 349. GIFTS AND BEQUESTS.
(a) IN GENERAL.—The Trade Representative is au-
thorized to accept, hold, administer, and utilize gifts and
bequests of property, both real and personal, for the pur-
102
pose of aiding or facilitating the work of the Trade Admin-
istration. 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 sepa-
rate fund and shall be disbursed on order of the Trade
Representative. Property accepted pursuant to this sub-
section, and the proceeds thereof, shall be used as nearly
as possible in accordance with the terms of the gift or be-
quest.
(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.—
(1) IN
GENERAL.—Upon the request of the
Trade Representative, 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 moneys con-
tained in the fund provided for in subsection (a).
(2) TREATMENT OF INCOME.—Income accruing
from the securities referred to in paragraph (1), and
from any other property held by the Trade Rep-
resentative pursuant to subsection (a), shall—
103
(A) be deposited to the credit of the fund;
and
(B) be disbursed upon order of the Trade
Representative.
SEC. 350. WORKING CAPITAL FUND.
(a) ESTABLISHMENT.—The Trade Representative is
authorized to establish for the Trade Administration a
working capital fund, to be available without fiscal year
limitation, for expenses necessary for the maintenance and
operation of such common administrative services as the
Trade Representative finds to be desirable 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 Trade 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
Budget.
104
(b) OPERATION OF FUND.—
(1) IN GENERAL.—The capital of the fund shall
consist of any appropriations made for the purpose
of providing working capital and the fair and reason-
able value of such stocks of supplies, equipment, and
other assets and inventories on order as the Trade
Representative may transfer to the fund, less the re-
lated liabilities and unpaid obligations.
(2) ADVANCE
REIMBURSEMENTS.—The fund
shall be reimbursed in advance from available funds
of agencies and offices in the Trade Administration,
or from other sources, for supplies and services at
rates which will approximate the expense of oper-
ation, including the accrual of annual leave and the
depreciation of equipment.
(3) OTHER CREDITS.—In addition to the cred-
its made under paragraph (1), the fund shall be
credited with receipts from sale or exchange of prop-
erty and receipts in payment for loss or damage to
property owned by the fund.
(4) SURPLUS.—There shall be covered into the
United States Treasury as miscellaneous receipts
any surplus of the fund (all assets, liabilities, and
prior losses considered) above the amounts trans-