I
104TH CONGRESS
1ST SESSION
H. R. 2325
To establish a Department of Trade.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 13, 1995
Mr. ROTH (for himself, Mr. BEREUTER, Mrs. JOHNSON of Connecticut, Mr.
HOUGHTON, and Mr. MANZULLO) introduced the following bill; which was
referred to the Committee on Government Reform and Oversight, and in
addition to the Committees on National Security, International Relations,
Banking and Financial Services, and Ways and Means, for a period to
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To establish a Department of Trade.
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 Trade
Establishment Act’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—GENERAL PROVISIONS
Sec. 101. Definitions.
TITLE II—DEPARTMENT OF TRADE
Subtitle A—Establishment
Sec. 201. Establishment of Department.
Sec. 202. Functions of the Secretary.
Sec. 203. Bureau of Export Promotion.
Sec. 204. Bureau of Trade Policy.
Sec. 205. Bureau of Trade Administration.
Sec. 206. Deputy Secretary.
Sec. 207. Under Secretaries.
Sec. 208. Assistant Secretaries.
Sec. 209. General Counsel.
Sec. 210. Inspector General.
Subtitle B—Transfers to the Department
Sec. 221. Transfers from the Department of Commerce.
Sec. 222. Export-Import Bank.
Sec. 223. Overseas Private Investment Corporation.
Sec. 224. Trade and Development Agency.
Sec. 225. Consolidation of export promotion activities.
Subtitle C—Administrative Provisions
Sec. 231. Personnel provisions.
Sec. 232. Delegation and assignment.
Sec. 233. Succession.
Sec. 234. Reorganization.
Sec. 235. Rules.
Sec. 236. Working capital fund.
Sec. 237. Funds transfer.
Sec. 238. Contracts, grants, and cooperative agreements.
Sec. 239. Publications.
Sec. 240. Use of facilities.
Sec. 241. Field offices.
Sec. 242. Gifts and bequests.
Sec. 243. Seal of Department.
Sec. 244. Annual report.
Subtitle D—Related Agencies
Sec. 251. Interagency Trade Organization.
Sec. 252. National Security Council.
Sec. 253. International Monetary Fund.
Subtitle E—Conforming Provisions
Act of 1930, and any other provision of law en-
acted after this Act; and
(B) with respect to other important issues
pertaining to international trade; and
(9) 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.
(b) UNFAIR TRADE PRACTICES.—(1) In carrying out
functions with respect to unfair trade practices, the Sec-
retary shall—
(A) coordinate the application of interagency re-
sources to specific unfair trade practice cases;
(B) identify, and refer to the appropriate Fed-
eral department or agency for consideration with re-
spect to action, each act, policy, or practice referred
to in the report required under section 181(b) of the
Trade Act of 1974, or otherwise known to the
United States Trade Representative on the basis of
other available information, that may be an unfair
trade practice that either—
(i) is considered to be inconsistent with the
provisions of any trade agreement and has a
significant adverse impact on United States
commerce, or
(ii) has a significant adverse impact on do-
mestic firms or industries that are either too
small or financially weak to initiate proceedings
under the trade laws;
(C) identify practices having a significant ad-
verse impact on United States commerce that the at-
tainment of United States negotiating objectives
would eliminate; and
(D) identify, on a biennial basis, those United
States Government policies and practices that, if en-
gaged in by a foreign government, might constitute
unfair trade practices under United States law.
(2) For purposes of carrying out paragraph (1), the
Secretary shall be assisted by an interagency unfair trade
practices advisory committee composed of the Secretary,
who shall chair the committee, and senior representatives
of the following agencies, appointed by the respective
heads of those agencies:
(A) The Bureau of Economics and Business Af-
fairs of the Department of State.
(B) The United States and Foreign Commercial
Service of the Department of Trade.
(C) The Foreign Agricultural Service of the De-
partment of Agriculture.
The Secretary may also request the advice of the United
States International Trade Commission regarding the car-
rying out of paragraph (1).
(3) For purposes of this subsection, the term ‘‘unfair
trade practice’’ means any act, policy, or practice that—
(A) may be a subsidy with respect to which
countervailing duties may be imposed under subtitle
A of title VII of the Tariff Act of 1930;
(B) may result in the sale or likely sale of for-
eign merchandise with respect to which antidumping
duties may be imposed under subtitle B of title VII
of the Tariff Act of 1930;
(C) may be either an unfair method of competi-
tion, or an unfair act in the importation of articles
into the United States, that is unlawful under sec-
tion 337 of the Tariff Act of 1930; or
(D) may be an act, policy, or practice of a kind
with respect to which action may be taken under
title III of the Trade Act of 1974.
(c) INTERAGENCY ORGANIZATION.—The Secretary
shall be the Chairperson of the interagency organization
established under section 242 of the Trade Expansion Act
of 1962.
(d) NATIONAL SECURITY COUNCIL.—The Secretary
shall be a member of the National Security Council and
the National Economic Council.
(e) ADVISORY COUNCIL.—The Secretary shall be
Deputy Chairman of the National Advisory Council on
International Monetary and Financial Policies established
under Executive Order 11269, issued February 14, 1966.
(f) AGRICULTURE.—The Secretary shall consult with
the Secretary of Agriculture or the designee of the Sec-
retary of Agriculture on all matters which potentially in-
volve international trade in agricultural products.
(g) TPCC.—The Secretary shall be Chairperson of
the Trade Promotion Coordinating Committee.
SEC. 203. BUREAU OF EXPORT PROMOTION.
(a) ESTABLISHMENT.—There is established within
the Department, the Bureau of Export Promotion. The
Bureau of Export Promotion shall be administered by the
Under Secretary for Export Promotion who shall be ap-
pointed by the President, by and with the advice and con-
sent of the Senate. The Secretary, through the Under Sec-
retary for Export Promotion, shall perform all functions
(other than administrative and support functions) trans-
ferred to the Secretary under sections 221(3)(A), 222,
223, and 224. The Bureau of Export Promotion shall be
the agency of the Government primarily responsible for
the promotion of exports.
(b) AGENCIES WITHIN BUREAU.—The United States
and Foreign Commercial Service is established in the Bu-
reau of Export Promotion. The Commercial Service shall
be administered by an Assistant Secretary, who shall serve
as Director General of the United States and Foreign
Service, and who shall be appointed by the President, by
and with the advice and consent of the Senate. The Com-
mercial Service shall perform the functions of the United
States and Foreign Commercial Service transferred under
section 221(3)(A).
SEC. 204. BUREAU OF TRADE POLICY.
There is established within the Department the Bu-
reau of Trade Policy. The Bureau of Trade Policy shall
be administered by the Under Secretary for Trade Policy
who shall be appointed by the President, by and with the
advice and consent of the Senate. The Secretary, through
the Under Secretary for Trade Policy, shall perform all
functions (other than administrative and support func-
tions) transferred to the Secretary under section
221(3)(B). The Under Secretary for Trade Policy shall
advise the Secretary on international trade and economic
policy and provide assistance to the United States Trade
Representative in multilateral and bilateral trade negotia-
tions.
SEC. 205. BUREAU OF TRADE ADMINISTRATION.
(a) ESTABLISHMENT.—There is established within
the Department the Bureau of Trade Administration. The
Bureau of Trade Administration shall be administered by
the Under Secretary for Trade Administration who shall
be appointed by the President, by and with the advice and
consent of the Senate. The Secretary, through the Under
Secretary of the Bureau of Trade Administration, shall
perform all functions (other than administrative and sup-
port functions) transferred to the Secretary under section
221(3)(C). The Bureau of Trade Administration shall be
responsible for overseeing and enforcing all trade laws and
agreements of which the United States is a party.
(b) AGENCIES WITHIN BUREAU.—(1) There is estab-
lished within the Bureau of Trade Administration the—
(A) Export Administration; and
(B) Import Administration.
(2) Each administration established under paragraph
(1) (A) and (B) shall be administered by an Assistant Sec-
retary who shall be appointed by the President, by and
with the consent of the Senate.
SEC. 206. DEPUTY SECRETARY.
(a) APPOINTMENT.—There shall be in the Depart-
ment a Deputy Secretary of Trade, who shall be appointed
by the President, by and with the advice and consent of
the Senate.
(b) FUNCTIONS.—The Deputy Secretary shall act for
and exercise the functions of the Secretary during the ab-
sence or disability of the Secretary or in the event the of-
fice of Secretary becomes vacant. The Deputy Secretary
shall act for and exercise the functions of the Secretary
until the absence or disability of the Secretary no longer
exists or a successor to the Secretary has been appointed
by the President and confirmed by the Senate.
SEC. 207. UNDER SECRETARIES.
(a) APPOINTMENT.—There shall be in the Depart-
ment three Under Secretaries of Trade, who shall be ap-
pointed by the President, by and with the advice and con-
sent of the Senate.
(b) FUNCTIONS.—Each Under Secretary of Trade
shall perform such functions as the Secretary may pre-
scribe.
SEC. 208. ASSISTANT SECRETARIES.
(a) APPOINTMENT.—There shall be in the Depart-
ment 6 Assistant Secretaries of Trade, who shall be ap-
pointed by the President, by and with the advice and con-
sent of the Senate.
(b) FUNCTIONS.—Each Assistant Secretary of Trade
shall perform such functions as the Secretary may pre-
scribe.
SEC. 209. GENERAL COUNSEL.
There shall be in the Department 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 Secretary concerning
the activities, programs, and policies of the Department.
SEC. 210. INSPECTOR GENERAL.
There shall be in the Department an Inspector Gen-
eral who shall be appointed in accordance with the Inspec-
tor General Act of 1978, as amended by section 471(b)
of this Act.
Subtitle B—Transfers to the
Department
SEC. 221. TRANSFERS FROM THE DEPARTMENT OF COM-
MERCE.
There are transferred to the Secretary—
(1) trade-related functions of the Secretary of
Commerce;
(2) trade-related functions of the Department
of Commerce;
(3) all functions of, and all functions performed
under the direction of, the following officers and em-
ployees of the Department of Commerce:
(A) the Under Secretary of Commerce for
International Trade, the Director General of
the United States and Foreign Commercial
Service, the Under Secretary of Commerce for
Travel and Tourism, and the Assistant Sec-
retary of Commerce for Tourism Marketing;
(B) the Assistant Secretary of Commerce
for International Economic Policy, and the As-
sistant Secretary of Commerce for Trade Devel-
opment; and
(C) the Under Secretary for Export Ad-
ministration and the Assistant Secretary for
Import Administration; and
(4) those functions of the United States Trade
Representative performed under sections 181 and
182 and title III of the Trade Act of 1974.
SEC. 222. EXPORT-IMPORT BANK.
(a) BOARD OF DIRECTORS.—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 Secretary of Trade (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 additional persons ap-
pointed by the President of the United States, by and with
the advice and consent of the Senate.’’.
(b) ASSISTANCE OF UNITED STATES AND FOREIGN
COMMERCIAL SERVICE.—Section 2301(h) of the Omnibus
Trade and Competitiveness Act of 1988 (15 U.S.C.
4721(h)) is amended to read as follows:
‘‘(h) ASSISTANCE TO EXPORT-IMPORT BANK.—The
Commercial Service shall provide, at its district offices in
the United States, such services as the Under Secretary
of Trade for Export Promotion determines necessary to
assist the Export-Import Bank of the United States in
carrying out the lending, loan guarantee, insurance, and
other activities of the Bank.’’.
SEC. 223. OVERSEAS PRIVATE INVESTMENT CORPORATION.
(a) POLICY GUIDANCE.—Section 231 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2191) is amended in
the first paragraph—
(1) by striking ‘‘To mobilize’’ and inserting ‘‘To
increase exports to, and to mobilize’’;
(2) by striking ‘‘of less developed’’ and insert-
ing ‘‘of, less developed’’;
(3) by inserting ‘‘trade policy and’’ after ‘‘com-
plementing the’’; and
(4) by inserting ‘‘and the Secretary of Trade’’
after ‘‘Secretary of State’’.
(b) 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 Secretary of Trade shall be the Chairman of
the Board. The Administrator of the Agency for Inter-
national Development (who shall serve as Vice Chairman)
and the United States Trade Representative shall serve
on the Board.’’.
SEC. 224. TRADE AND DEVELOPMENT AGENCY.
There are transferred to the Secretary all functions
of the Director of the Trade and Development Agency.
There are transferred to the Department all functions of
the Trade and Development Agency.
SEC. 225. CONSOLIDATION OF EXPORT PROMOTION ACTIVI-
TIES.
(a) SUBMISSION OF PLAN.—Within 180 days after
the date of the enactment of this Act, the President shall
transmit to the Congress a comprehensive plan to consoli-
date Federal nonagricultural export promotion activities
and to transfer those functions to the Department. The
plan shall provide for—
(1) the elimination of the overlap and duplica-
tion among all Federal nonagricultural export pro-
motion activities;
(2) a unified budget for Federal nonagricultural
export promotion activities which eliminates funding
for the areas of overlap and duplication identified
under paragraph (1); and
(3) a long-term agenda for developing coopera-
tion between State and Federal programs and activi-
ties designed to stimulate or assist United States
businesses in exporting nonagricultural goods or
services that are products of the United States, in-
cluding sharing of facilities, costs, and cost-sharing
between Federal and State export market research
data.
(b) PLAN ELEMENTS.—The plan under subsection
(a) shall—
(1) place all Federal nonagricultural export pro-
motion activities within the Department;
(2) provide clear authority for the Secretary of
Trade to use the expertise and assistance of other
United States Government agencies;
(3) achieve an overall 25 percent reduction in
the amount of funding for all Federal non-
agricultural export promotion activities within 2
years after the enactment of this Act;
(4) provide for the transfer to the Department
of Trade of any statistical or analytical functions of
the Department of Commerce or any other Federal
department or agency that are necessary for the De-
partment of Trade to carry out its functions; and
(5) include any functions of the Department of
Commerce not transferred by this Act the transfer
of which to the Department of Trade would be nec-
essary to the competitiveness of the United States in
international trade.
(c) DEFINITION.—As used in this section, the term
‘‘Federal nonagricultural export promotion activities’’—
(1) means all programs or activities of any de-
partment or agency of the Federal Government (in-
cluding, but not limited to, departments and agen-
cies with representatives on the Trade Promotion
Coordinating Committee established under section
2312 of the Export Enhancement Act of 1988 (15
U.S.C. 4727)) that are designed to stimulate or as-
sist United States businesses in exporting non-
agricultural goods or services that are products of
the United States, including trade missions; and
(2) does not include programs or activities of
the Export-Import Bank of the United States and
the Overseas Private Investment Corporation.
Subtitle C—Administrative
Provisions
SEC. 231. PERSONNEL PROVISIONS.
(a) APPOINTMENT.—The Secretary may appoint and
fix the compensation of such officers and employees, in-
cluding investigators, attorneys, and administrative law
judges, as may be necessary to carry out the functions
of the Secretary and the Department. Except as otherwise
provided by law, such officers and employees shall be ap-
pointed in accordance with the civil service laws and their
compensation fixed in accordance with title 5, United
States Code.
(b) POSITIONS ABOVE GS–15.—(1) At the request
of the Secretary, the Director of the Office of Personnel
Management shall, under section 5108 of title 5, United
States Code, provide for the establishment in a grade level
above GS–15 of the General Service, and in the Senior
Executive Service, of a number of positions in the Depart-
ment equal to the number of positions in that grade level
which were used primarily for the performance of func-
tions and offices transferred by this Act and which were
assigned and filled on the day before the effective date
of this Act.
(2) Appointments to positions provided for under this
subsection may be made without regard to the provisions
of section 3324 of title 5, United States Code, if the indi-
vidual appointed in such position is an individual who is
transferred in connection with the transfer of functions
and offices under this Act and, on the day before the effec-
tive date of this Act, holds a position and has duties com-
parable to those of the position to which appointed under
this subsection.
(3) The authority under this subsection with respect
to any position established at a grade level above GS–15
shall terminate when the person first appointed to fill such
position ceases to hold such position.
(4) For purposes of section 414(a)(3)(A) of the Civil
Service Reform Act of 1978, an individual appointed
under this subsection shall be deemed to occupy the same
position as the individual occupied on the day before the
effective date of this Act.
(c) EXPERTS
AND CONSULTANTS.—The Secretary
may obtain the services of experts and consultants in ac-
cordance 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 maxi-
mum rate of pay for a position at a grade level above GS–
15 of the General Schedule under section 5332 of such
title. The Secretary may pay experts and consultants who
are serving away from their homes or regular place of
business travel expenses and per diem in lieu of subsist-
ence at rates authorized by sections 5702 and 5703 of
such title for persons in Government service employed
intermittently.
(d) VOLUNTARY SERVICES.—(1)(A) The Secretary is
authorized to accept voluntary and uncompensated serv-
ices without regard to the provisions of section 1342 of
title 31, United States Code, if such services will not be
used to displace Federal employees employed on a full-
time, part-time, or seasonal basis.
(B) The Secretary is authorized to accept volunteer
service in accordance with the provisions of section 3111
of title 5, United States Code.
(2) The Secretary is authorized to provide for inci-
dental expenses, including but not limited to transpor-
tation, lodging, and subsistence for individuals who pro-
vide voluntary services under subparagraph (A) or (B) of
paragraph (1).
(3) An individual who provides voluntary services
under paragraph (1)(A) shall not be considered a Federal
employee for any purpose other than for purposes of chap-
ter 81 of title 5, United States Code, relating to com-
pensation for work injuries, and chapter 171 of title 28,
United States Code, relating to tort claims.
(e) FOREIGN SERVICE POSITIONS.—In order to as-
sure United States representation in trade matters at a
level commensurate with the level of representation main-
tained by industrial nations which are major trade com-
petitors of the United States, the Secretary of State shall
classify certain positions at Foreign Service posts as com-
mercial minister positions and shall assign members of the
Foreign Service performing functions of the Department
of Trade, with the concurrence of the Secretary of Trade,
to such positions in nations which are major trade com-
petitors of the United States. The Secretary of State shall
obtain and use the recommendations of the Secretary of
Trade with respect to the number of positions to be so
classified under this subsection.
SEC. 232. DELEGATION AND ASSIGNMENT.
Except where otherwise expressly prohibited by law
or otherwise provided by this Act, the Secretary may dele-
gate any of the functions transferred to the Secretary by
this Act and any function transferred or granted to the
Secretary after the effective date of this Act to such offi-
cers and employees of the Department as the Secretary
may designate, and may authorize successive redelegations
of such functions as may be necessary or appropriate. No
delegation of functions by the Secretary under this section
or under any other provision of this Act shall relieve the
Secretary of responsibility for the administration of such
functions.
SEC. 233. SUCCESSION.
(a) ORDER OF SUCCESSION.—Subject to the author-
ity of the President, and except as provided in section
206(b), the Secretary shall prescribe the order by which
officers of the Department who are appointed by the
President, by and with the advice and consent of the Sen-
ate, shall act for, and perform the functions of, the Sec-
retary or any other officer of the Department appointed
by the President, by and with the advice and consent of
the Senate, during the absence or disability of the Sec-
retary or such other officer, or in the event of a vacancy
in the office of the Secretary or such other officer.
(b) CONTINUATION OF SERVICE OF ACTING OFFI-
CERS.—Notwithstanding any other provision of law, and
unless the President directs otherwise, an individual acting
for the Secretary or another officer of the Department
pursuant to subsection (a) shall continue to serve in that
capacity until the absence or disability of the Secretary
or such other officer no longer exists or a successor to
the Secretary or such other officer has been appointed by
the President and confirmed by the Senate.
SEC. 234. REORGANIZATION.
(a) IN GENERAL.—Subject to subsection (b), the Sec-
retary is authorized to allocate or reallocate functions
among the officers of the Department, and to establish,
consolidate, alter, or discontinue such organizational
entities in the Department as may be necessary or
appropriate.
(b) PRIOR NOTIFICATION OF CONGRESSIONAL COM-
MITTEES.—Except as provided in subsection (c), the Sec-
retary may establish, consolidate, alter, or discontinue any
organizational entity in the Department or allocate or re-
allocate any function of an officer or employee of the De-
partment upon the expiration of a period of 60 days after
the receipt by the Committee on Finance and the Commit-
tee on Governmental Affairs of the Senate and the Speak-
er of the House of Representatives of notice by the Sec-
retary containing a full and complete statement of the ac-
tion proposed to be taken pursuant to this section and the
facts and circumstances relied upon in support of such
proposed action.
SEC. 235. RULES.
The Secretary is authorized to prescribe, in accord-
ance with the provisions of chapters 5 and 6 of title 5,
United States Code, such rules and regulations as the Sec-
retary determines necessary or appropriate to administer
and manage the functions of the Secretary or the Depart-
ment.
SEC. 236. WORKING CAPITAL FUND.
(a) ESTABLISHMENT AND PURPOSE.—The Secretary
is authorized to establish for the Department 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 Secretary
shall find 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 Department and its
components;
(2) central messenger, mail, and telephone serv-
ice and other communications services;
(3) office space, central services for document
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.
(b) OPERATION OF THE FUND.—The capital of the
fund shall consist of any appropriations made for the pur-
pose 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 Secretary may
transfer to the fund, less the related liabilities and unpaid
obligations. The fund shall be reimbursed in advance from
available funds of agencies and offices in the Department,
or from other sources, for supplies and services at rates
which will approximate the expense of operation, including
the accrual of annual leave and the depreciation of equip-
ment. The fund shall also be credited with receipts from
sale or exchange of property and receipts in payment for
loss or damage to property owned by the fund. There shall
be covered into the United States Treasury as miscellane-
ous receipts any surplus of the fund (all assets, liabilities,
and prior losses considered) above the amounts trans-
ferred or appropriated to establish and maintain the fund.
There shall be transferred to the fund the stocks of sup-
plies, equipment, other assets, liabilities, and unpaid obli-
gations relating to those services which the Secretary de-
termines will be performed.
SEC. 237. FUNDS TRANSFER.
The Secretary may, when authorized in an appropria-
tion Act in any fiscal year, transfer funds from one appro-
priation to another within the Department, except that no
appropriation for any fiscal year shall be either increased
or decreased by more than 10 per centum and no such
transfer shall result in increasing any such appropriation
above the amount authorized to be appropriated therefor.
SEC. 238. CONTRACTS, GRANTS, AND COOPERATIVE AGREE-
MENTS.
(a) IN GENERAL.—Subject to the provisions of the
Federal Property and Administrative Services Act of
1949, the Secretary may make, enter into, and perform
such contracts, leases, cooperative agreements, grants, or
other similar transactions with public agencies, private or-
ganizations, and persons, and make payments (in lump
sum or installments, and by way of advance or reimburse-
ment, and, in the case of any grant, with necessary adjust-
ments on account of overpayments and underpayments)
as the Secretary considers necessary or appropriate to
carry out the functions of the Secretary or the Depart-
ment.
(b) SUBJECT TO APPROPRIATIONS.—Notwithstand-
ing any other provision of this Act, the authority to enter
into contracts or to make payments under this subtitle
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 242.
SEC. 239. PUBLICATIONS.
Subject to such procedures of the Director of the Of-
fice of Management and Budget may prescribe, the Sec-
retary may disseminate in the form of reports or publica-
tions such information as the Secretary considers appro-
priate.
SEC. 240. USE OF FACILITIES.
(a) USE BY SECRETARY.—With their consent, the
Secretary, with or without reimbursement, may use the
research, services, equipment, and facilities of—
(1) an individual,
(2) any public or private nonprofit agency or
organization, including any agency or instrumental-
ity of the United States or of any State, the District
of Columbia, the Commonwealth of Puerto Rico, or
any territory or possession of the United States,
(3) any political subdivision of any State, the
District of Columbia, the Commonwealth of Puerto
Rico, or any territory or possession of the United
States, or
(4) any foreign government,
in carrying out any function of the Secretary or the De-
partment.
(b) USE OF DEPARTMENT FACILITIES BY OTHER
ENTITIES.—The Secretary, under terms, at rates, and for
periods that the Secretary considers to be in the public
interest, may permit the use by public and private agen-
cies, corporations, associations or other organizations, or
by individuals, of any real property, or any facility, struc-
ture or other improvement thereon, under the custody of
the Secretary. The Secretary may require permittees
under this section to maintain or recondition, at their own
expense, the real property, facilities, structures, and im-
provements used by such permittees.
SEC. 241. FIELD OFFICES.
(a) IN GENERAL.—Subject to subsection (b), the Sec-
retary may establish, alter, consolidate, maintain, or dis-
continue State, regional, district, local, or other field of-
fices as the Secretary finds necessary or appropriate to
perform any function of the Secretary or the Department.
(b) PRIOR NOTIFICATION OF CONGRESSIONAL COM-
MITTEES.—The Secretary may establish, alter, consoli-
date, maintain, or discontinue State, regional, district,
local, or other field offices under subsection (a) upon the
expiration of a period of 60 days after the receipt by the
Committee on Finance and the Committee on Govern-
mental Affairs of the Senate and the Speaker of the House
of Representatives of notice by the Secretary containing
a full and complete statement of the action proposed to
be taken pursuant to this section and the facts and cir-
cumstances relied upon in support of such proposed ac-
tion.
SEC. 242. GIFTS AND BEQUESTS.
(a) IN GENERAL.—The Secretary is authorized to ac-
cept, hold, administer, and utilize gifts and bequests of
property, both real and personal, for the purpose of aiding
or facilitating the work of the Department. Gifts and be-
quests of money and the proceeds from sales of other prop-
erty received as gifts or bequests shall be deposited in the
United States Treasury in a separate fund and shall be
disbursed on order of the Secretary. Property accepted
pursuant to this subsection, and the proceeds thereof,
shall be used as nearly as possible in accordance with the
terms of the gift or bequest.
(b) TAX TREATMENT.—For the purpose of Federal
income, estate, and gift taxes, and State taxes, property
accepted under subsection (a) shall be considered a gift
or bequest to or for use of the United States.
(c) INVESTMENT.—Upon the request of the Sec-
retary, the Secretary of the Treasury may invest and rein-
vest in securities of the United States or in securities
guaranteed as to principal and interest by the United
States any moneys contained in the fund provided for in
subsection (a). Income accruing from such securities, and
from any other property held by the Secretary pursuant
to subsection (a), shall be deposited to the credit of the
fund, and shall be disbursed upon order of the Secretary.
SEC. 243. SEAL OF DEPARTMENT.
The Secretary shall cause a seal of office to be made
for the Department of such design as the Secretary shall
approve. Judicial notice shall be taken of such seal.
SEC. 244. ANNUAL REPORT.
The Secretary shall, as soon as practicable after the
end of each fiscal year, prepare and transmit a written
report to the President for transmission to the Congress
on the activities of the Department during such fiscal
year.
Subtitle D—Related Agencies
SEC. 251. INTERAGENCY TRADE ORGANIZATION.
Section 242(a) of the Trade Expansion Act of 1962
(19 U.S.C. 1872(a)) is amended—
(1) in paragraph (2)(B) by striking ‘‘Trade
Representative’’ and inserting ‘‘Secretary of Trade’’;
and
(2) by amending paragraph (3) to read as fol-
lows:
‘‘(3)(A) The interagency organization estab-
lished under subsection (a) shall be composed of—
‘‘(i) the Secretary of Trade, who shall be
Chairperson,
‘‘(ii) the Trade Representative,
‘‘(iii) the Secretary of Agriculture,
‘‘(iv) the Secretary of the Treasury,
‘‘(v) the Secretary of Labor,
‘‘(vi) the Secretary of State, and
‘‘(vii) the representatives of such other de-
partments and agencies as the Secretary of
Trade shall designate.
‘‘(B) The Secretary of Trade may invite rep-
resentatives from other agencies, as appropriate, to
attend particular meetings if subject matters of spe-
cific functional interest to such agencies are under
consideration. It shall meet at such times and with
respect to such matters as the President or the
Chairperson shall direct.’’.
SEC. 252. NATIONAL SECURITY COUNCIL.
The fourth paragraph of section 101(a) of the Na-
tional Security Act of 1947 (50 U.S.C. 402(a)) is
amended—
(1) by redesignating clauses (5), (6), and (7) as
clauses (6), (7), and (8), respectively; and
(2) by inserting after clause (4) the following
new clause:
‘‘(5) the Secretary of Trade;’’.
SEC. 253. INTERNATIONAL MONETARY FUND.
Section 3 of the Bretton Woods Agreement Act is
amended by adding at the end thereof the following new
subsection:
‘‘(e) The United States executive director of the Fund
shall consult with the Secretary of Trade with respect to
matters under consideration by the Fund which relate to
trade.’’.
Subtitle E—Conforming Provisions
SEC. 261. AMENDMENTS TO OTHER LAWS.
(a) AMENDMENTS
RELATING
TO
EXPORT
PRO-
MOTION.—(1) Section 2312(d) of the Export Enhance-
ment Act of 1988 (15 U.S.C. 4727(d)) is amended—
(A) in paragraph (1)(A) by striking ‘‘Com-
merce’’ and inserting ‘‘Trade’’; and
(B) in paragraph (2) by striking ‘‘Commerce’’
and inserting ‘‘Trade’’.
(2) Section 2313 of the Export Enhancement Act of
1988 (15 U.S.C. 4728) is amended—
(A) in subsection (b)—
(i) in paragraph (1) by striking ‘‘Coordina-
tion’’ and inserting ‘‘Coordinating’’; and
(ii) in paragraph (3) by striking ‘‘Com-
merce’’ and inserting ‘‘Trade’’; and
(B) in subsection (c) by striking ‘‘Commerce’’
and inserting ‘‘Trade’’.
(3) Section 2301 of the Export Enhancement Act of
1988 (15 U.S.C. 4721) is amended in subsections (b)(9)
and (f) by striking ‘‘Program’’ and inserting ‘‘Agency’’.
(b) OTHER AMENDMENTS.—The following provisions
of law are amended:
(1) Section 19(d)(1) of title 3, United States
Code, is amended by inserting ‘‘Secretary of Trade,’’
before ‘‘Secretary of Labor’’.
(2) Section 101 of title 5, United States Code,
is amended by adding at the end the following:
‘‘The Department of Trade.’’.
(3) Section 5312 of such title 5 is amended by
adding at the end the following:
‘‘Secretary of Trade.’’.
(4) Section 5313 of title 5, United States Code,
is amended by adding at the end the following:
‘‘Deputy Secretary, Department of Trade.’’.
(5) Section 5314 of such title 5 is amended by
adding at the end the following:
‘‘Under Secretaries of Trade (3).
‘‘Deputy Secretary of Trade.’’.
(6) Section 5315 of such title 5 is amended by
adding at the end thereof the following:
‘‘Assistant Secretaries of Trade (6).
‘‘General Counsel, Department of Trade.
‘‘President of the Export-Import Bank of the
United States.
‘‘President of the Overseas Private Investment
Corporation.’’.
(7) Section 5316 of such title 5 is amended by
adding at the end thereof the following:
‘‘Inspector General, Department of Trade.’’.
(8) The Inspector General Act of 1978 is
amended—
(A) in subsection 9(a)(1)—
(i) by redesignating subparagraphs
(C) through (H) as subparagraphs (B)
through (G), respectively; and
(ii) by inserting before subparagraph
(I) the following:
‘‘(H) of the Department of Trade, all functions
of the Inspector General of the Department of Com-
merce and the Office of the Inspector General of the
Department of Commerce relating to the functions
transferred to the Secretary of Trade by section 431
of the Department of Commerce Dismantling and
Department of Trade Establishment Act;’’; and
(B) by inserting ‘‘Trade,’’ after ‘‘Interior,’’
each place it appears in section 11.
(9) Section 141 of the Trade Act of 1974 (19
U.S.C. 2171) is amended—
(A) in subsection (c)—
(i) in paragraph (1)—
(I) by striking subparagraphs
(A), (B), (D), (E), (F), (G), and (I)
and redesignating subparagraphs (C),
(H), and (J) as subparagraphs (A),
(B), and (C), respectively;
(II) in subparagraph (B), as so
redesignated, by striking ‘‘subpara-
graphs (C) and (F)’’ and inserting
‘‘subparagraph (A)’’; and
(III) in subparagraph (C), as so
redesignated, by striking ‘‘in addi-
tion’’ and all that follows through
‘‘1988,’’;
(ii) by redesignating paragraphs (2)
through (4) as paragraphs (3) through (5),
respectively; and
(iii) by inserting after paragraph (1)
the following:
‘‘(2) The United States Trade Representative shall
carry out the functions under paragraph (1) under the pol-
icy guidance of the Secretary of Trade.’’; and
(iv) in subparagraph (A) of paragraph
(3) (as so redesignated), by striking ‘‘the
senior representative on’’ and inserting ‘‘a
member of’’; and
(B) by striking subsection (d) and redesig-
nating subsections (e) through (g) as sub-
sections (d) through (f), respectively.
(10) The Foreign Service Act of 1980 is
amended by striking paragraph (3) of section 202(a)
(22 U.S.C. 3922(a)) and inserting the following:
‘‘(3) The Secretary of Trade may use the For-
eign Service personnel system in accordance with
this title—
‘‘(A) with respect to the personnel per-
forming functions—
‘‘(i) which were transferred to the De-
partment of Commerce from the Depart-
ment of State by Reorganization Plan No.
3 of 1979; and
‘‘(ii) which were subsequently trans-
ferred to the Secretary of Trade by section
221 of the Department of Commerce Dis-
mantling and Department of Trade Estab-
lishment Act; and
‘‘(B) with respect to other personnel of the
Department of Trade to the extent the Presi-
dent determines to be necessary in order to en-
able the Department of Trade to carry out
functions which require service abroad.’’.
(11)(A) Section 201 of the International Travel
Act of 1961 (22 U.S.C. 2122) is amended by strik-
ing ‘‘Commerce’’ and inserting ‘‘Trade’’.
(B) Section 202(a)(13) of such Act (22 U.S.C.
2123(a)(13)) is amended by striking ‘‘Commerce’’
and inserting ‘‘Trade’’.
(C) Section 301 of such Act (22 U.S.C. 2124)
is amended to read as follows:
‘‘SEC. 301. All duties and responsibilities of the Sec-
retary under this Act shall be exercised directly by the
Secretary or by the Secretary through the Assistant Sec-
retary of Trade for the United States and Foreign Com-
mercial Service.’’.
(D) Section 302(b)(1) of such Act (22 U.S.C.
2124a(b)(1)) is amended—
(i) by striking ‘‘Commerce’’ in subpara-
graph (A) and inserting ‘‘Trade’’;
(ii) by striking ‘‘Under Secretary’’ and in-
serting ‘‘Assistant Secretary of Trade’’ in sub-
paragraph (B); and
(iii) by striking subparagraph (D) and insert-
ing the following:
‘‘(D) an individual designated by the Secretary
of Trade from the Department of Trade;’’.
(E) Section 303(f) of such Act (22 U.S.C.
2124b(f)) is amended by striking ‘‘and shall advise
the Assistant Secretary of Trade for the United
States and Foreign Commercial Service with respect
to the preparation of the marketing plan under sec-
tion 202(a)(15)’’.
TITLE III—TRANSITIONAL, SAV-
INGS, 
AND 
CONFORMING
PROVISIONS
SEC. 301. TRANSFER AND ALLOCATIONS OF APPROPRIA-
TIONS AND PERSONNEL.
Except as otherwise provided in this Act, the person-
nel employed in connection with, and the assets, liabilities,
contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other
funds employed, used, held, arising from, available to, or
to be made available in connection with the functions and
offices transferred by this Act, subject to section 1531 of
title 31, United States Code, shall be transferred to the
head of the Federal agency to which such functions or of-
fices are transferred by this Act. Unexpended funds trans-
ferred pursuant to this section shall be used only for the
purposes for which the funds were originally authorized
and appropriated.
SEC. 302. INCIDENTAL TRANSFERS.
(a) IN GENERAL.—The Director of the Office of
Management and Budget, at such time or times as the
Director shall provide, is authorized to make such deter-
minations as may be necessary with regard to the func-
tions and offices transferred by this Act, and to make such
additional incidental dispositions of personnel, assets, li-
abilities, grants, contracts, property, records, and unex-
pended balances of appropriations, authorizations, alloca-
tions, and other funds held, used, arising from, available
to, or to be made available in connection with such func-
tions and offices, as may be necessary to carry out the
provisions of this Act. The Director shall provide for the
termination of the affairs of all entities terminated by this
Act and for such further measures and dispositions as may
be necessary to effectuate the purposes of this Act.
(b) TRANSFERS RELATING TO SES.—After consulta-
tion with the Director of the Office of Personnel Manage-
ment, the Director of the Office of Management and
Budget is authorized, at such times as the Director of the
Office of Management and Budget may provide, to make
such determinations as may be necessary with regard to
the transfer of positions within the Senior Executive Serv-
ice in connection with the functions and offices transferred
by this Act.
SEC. 303. EFFECT ON PERSONNEL.
(a) IN GENERAL.—Except as otherwise provided by
this Act, the transfer pursuant to this Act of full-time per-
sonnel (except special Government employees) and part-
time personnel holding permanent positions shall not
cause any such employee to be separated or reduced in
grade or compensation for 1 year after the date of transfer
of such employee under this Act.
(b) EXECUTIVE SCHEDULE POSITIONS.—Any person
who, on the day preceding the effective date of this Act,
held a position compensated in accordance with the Execu-
tive Schedule prescribed in chapter 53 of title 5, United
States Code, and who, without a break in service, is ap-
pointed in a Federal agency to which functions are trans-
ferred by this Act to a position having duties comparable
to the duties performed immediately preceding such ap-
pointment shall continue to be compensated in such new
position at not less than the rate provided for such pre-
vious position, for the duration of the service of such per-
son in such new position.
(c) TERMINATIONS.—Except for members of the For-
eign Service, positions whose incumbents are appointed by
the President, by and with the advice and consent of the
Senate, the functions of which are transferred by this Act,
shall terminate on the effective date of this Act.
SEC. 304. SAVINGS PROVISIONS.
(a) CONTINUATION OF EFFECT OF LEGAL DOCU-
MENTS.—All orders, determinations, rules, regulations,
permits, agreements, grants, contracts, certificates, li-
censes, registrations, privileges, and other administrative
actions—
(1) which have been issued, made, granted, or
allowed to become effective by the President, any
Federal agency or official thereof, or by a court of
competent jurisdiction, in the performance of func-
tions which are transferred under this Act, and
(2) which are in effect at the time this Act
takes effect, or were final before the effective date
of this Act and are to become effective on or after
the effective date of this Act,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the head of the Fed-
eral agency to which such functions are transferred under
this Act or other authorized official, a court of competent
jurisdiction, or by operation of law.
(b) PROCEEDINGS NOT AFFECTED.—(1) The provi-
sions of this Act shall not affect any proceedings, includ-
ing notices of proposed rule making, or any application
for any license, permit, certificate, or financial assistance
pending on the effective date of this Act before the De-
partment of Commerce or the Office of the United States
Trade Representative, or any office thereof with respect
to functions transferred by this Act; but such proceedings
or applications, to the extent that they relate to functions
transferred, shall be continued. Orders shall be issued in
such proceedings, appeals shall be taken therefrom, and
payments shall be made under such orders, as if this Act
had not been enacted; and orders issued in any such pro-
ceedings shall continue in effect until modified, termi-
nated, superseded, or revoked by the head of the Federal
agency to which such functions are transferred by this
Act, by a court of competent jurisdiction, or by operation
of law. Nothing in this subsection prohibits the discontinu-
ance or modification of any such proceeding under the
same terms and conditions and to the same extent that
such proceeding could have been discontinued or modified
if this Act had not been enacted.
(2) The Secretary of Commerce, the United States
Trade Representative, and the head of each Federal agen-
cy to which functions are transferred by this Act are au-
thorized to issue regulations providing for the orderly
transfer of proceedings continued under paragraph (1).
(c) SUITS NOT AFFECTED.—Except as provided in
subsection (e)—
(1) the provisions of this Act do not affect ac-
tions commenced prior to the effective date of this
Act, and
(2) in all such actions, proceedings shall be had,
appeals taken, and judgments rendered in the same
manner and effect as if this Act had not been en-
acted.
(d) NONABATEMENT
OF ACTIONS.—No action or
other proceeding commenced by or against any officer in
his official capacity as an officer of the Department of
Commerce or the Office of United States Trade Rep-
resentative with respect to functions transferred by this
Act shall abate by reason of the enactment of this Act.
No cause of action by or against the Department of Com-
merce or the Office of United States Trade Representative
with respect to functions transferred by this Act, or by
or against any officer thereof in his official capacity, shall
abate by reason of the enactment of this Act. Causes of
action and actions with respect to a function or office
transferred by this Act, or other proceedings may be as-
serted by or against the United States or an official of
the Federal agency to which such function or office is
transferred by this Act, as may be appropriate, and, in
an action pending when this Act takes effect, the court
may at any time, on its own motion or that of any party,
enter an order which will give effect to the provisions of
this subsection.
(e) OFFICERS AS PARTIES TO ACTIONS.—If, before
the date on which this Act takes effect, the Department
of Commerce or the Office of the United States Trade
Representative, or any officer thereof in his official capac-
ity, is a party to an action, and under this Act any func-
tion of such Department, Office, or officer is transferred
to a Federal agency, then such action shall be continued
with the head of such agency substituted or added as a
party.
(f) JUDICIAL REVIEW.—Orders and actions of the
head of a Federal agency in the exercise of functions
transferred to the head of such agency by this Act shall
be subject to judicial review to the same extent and in
the same manner as if such orders and actions had been
by the Department of Commerce or the Office of the Unit-
ed States Trade Representative, or any office or officer
thereof, in the exercise of such functions immediately pre-
ceding their transfer. Any statutory requirements relating
to notice, hearings, action upon the record, or administra-
tive review that apply to any function transferred by this
Act shall apply to the exercise of such function by the head
of the Federal agency to which such function is trans-
ferred by this Act.
SEC. 305. SEPARABILITY.
If a provision of this Act or its application to any
person or circumstance is held invalid, neither the remain-
der of this Act nor the application of the provision to other
persons or circumstances shall be affected.
SEC. 306. REFERENCE.
With respect to any functions transferred by this Act
and exercised after the effective date of this Act, reference
in any other Federal law to—
(1) the Secretary of Commerce or the United
States Trade Representative; or
(2) the Department of Commerce or the Office
of the United States Trade Representative or any of-
ficer or office thereof,
shall be considered to refer to the head of the Federal
agency to whom such functions were transferred by this
Act.
SEC. 307. TRANSITION.
With the consent of the Secretary of Commerce or
the United States Trade Representative, as the case may
be, the head of each Federal agency to which functions
or offices are transferred by this Act is authorized to uti-
lize—
(1) the services of such officers, employees, and
other personnel of the Department of Commerce or
the Office of the United States Trade Representa-
tive, as the case may be, with respect to functions
or offices transferred to that agency by this Act; and
(2) funds appropriated to such functions or of-
fices for such period of time as may reasonably be
needed to facilitate the orderly implementation of
this Act.
SEC. 308. ADDITIONAL CONFORMING AMENDMENTS.
(a) IN GENERAL.—After consultation with the appro-
priate committees of the Congress and the Director of the
Office of Management and Budget, the head of each agen-
cy to which functions were transferred under this Act shall
prepare and submit to the Congress recommended legisla-
tion containing technical and conforming amendments to
reflect the changes made by this Act.
(b) TIMING
OF SUBMISSIONS.—No later than 6
months after the effective date of this Act, each such agen-
cy head shall submit the recommended legislation referred
to under subsection (a).
TITLE IV—MISCELLANEOUS
SEC. 401. EFFECTIVE DATE.
(a) IN GENERAL.—This Act shall take effect 120
days after the date of the enactment of this Act, except
that—
(1) sections 225 and 307 shall take effect on
such date of enactment; and
(2) at any time on or after the date of enact-
ment of this Act—
(A) the officers provided for in title II may
be nominated and appointed, as provided in
such title; and
(B) the Secretary of Commerce, the United
States Trade Representative, and the head of
each Federal agency to which functions are
transferred by this Act may promulgate regula-
tions under section 304(b)(2).
(b) INTERIM
COMPENSATION
AND
EXPENSES.—
Funds available to the Department of Commerce or the
Office of the United States Trade Representative (or any
official or component thereof), with respect to the func-
tions transferred by this Act, may be used, with approval
of the Director of the Office of Management and Budget,
to pay the compensation and expenses of an officer ap-
pointed under subsection (a)(2)(A) who will carry out such
functions until funds for that purpose are otherwise avail-
able.
SEC. 402. INTERIM APPOINTMENTS.
(a) IN GENERAL.—If 1 or more officers required by
this Act to be appointed by and with the advice and con-
sent of the Senate have not entered upon office on the
effective date of this Act and notwithstanding any other
provision of law, the President may designate any officer
who was appointed by and with the advice and consent
of the Senate, and who was such an officer on the day
before the effective date of this Act, to act in the office
until it is filled as provided by this Act.
(b) COMPENSATION.—Any officer acting in an office
pursuant to subsection (a) shall receive compensation at
the rate prescribed by this Act for such office.
SEC. 403. PERSONNEL AND FUNDING REDUCTIONS RESULT-
ING FROM REORGANIZATION.
No later than 180 days after the date of the enact-
ment of this Act, the Office of Management and Budget
shall conduct a study and submit a report to the President
and the Congress on personnel and funding reductions
which should be implemented consistent with the provi-
sions of this Act to reduce duplicative or unnecessary func-
tions. In preparing the report, the Office of Management
and Budget shall consult with the Secretary of Trade and
the head of each Federal agency affected by the provisions
of this Act and develop a plan for the implementation of
such reductions beginning the first fiscal year after the
effective date of this Act.
SEC. 404. AUTHORIZATION OF APPROPRIATIONS.
Subject to section 405, there are authorized to be ap-
propriated such sums as may be necessary to carry out
the provisions of this Act. Amounts appropriated under
this section shall be available until expended.
SEC. 405. LIMITATION ON ANNUAL EXPENDITURES FOR
CONTINUED FUNCTIONS.
Beginning in the first fiscal year that begins on or
after the effective date of this Act, the amount expended
by the United States in performing all functions which,
immediately before the effective date of this Act, were per-
formed by a department or agency of the United States
and are transferred by this Act to the Secretary or the
Department may not exceed 75 percent of the total
amount expended by the United States in performing all
such functions during fiscal year 1995.
Æ
HR 2325 IH——2
HR 2325 IH——3
HR 2325 [H——4 HR 2325 [IH——5 eHR 2325 IH 52