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SEC. 17335. OVERSEAS PRIVATE INVESTMENT CORPORA-
TION.
(a) BOARD OF DIRECTORS.—The second and third
sentences of section 233(b) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2193(b)) are amended to read as fol-
lows: ‘‘The United States Trade Representative shall be
the Chairman of the Board. The Administrator of the
Agency for International Development (who shall serve as
Vice Chairman) shall serve on the Board.’’.
(b) EX OFFICIO MEMBER OF OVERSEAS PRIVATE IN-
VESTMENT CORPORATION BOARD OF DIRECTORS.—The
Director General for Export Promotion shall serve as an
ex officio nonvoting member of the Board of Directors of
the Overseas Private Investment Corporation.
SEC. 17336. CONSOLIDATION OF EXPORT PROMOTION AND
FINANCING ACTIVITIES.
(a) SUBMISSION OF PLAN.—Within 180 days after
the date of the enactment of this Act, the President shall
transmit to the Congress a comprehensive plan to consoli-
date Federal nonagricultural export promotion activities
and export financing activities and to transfer those func-
tions to the Office. The plan shall provide for—
(1) the elimination of the overlap and duplica-
tion among all Federal nonagricultural export pro-
motion activities and export financing activities;
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(2) a unified budget for Federal nonagricultural
export promotion activities which eliminates funding
for the areas of overlap and duplication identified
under paragraph (1); and
(3) a long-term agenda for developing better co-
operation between local, State and Federal programs
and activities designed to stimulate or assist United
States businesses in exporting nonagricultural goods
or services that are products of the United States,
including sharing of facilities, costs, and export mar-
ket research data.
(b) PLAN ELEMENTS.—The plan under subsection
(a) shall—
(1) place all Federal nonagricultural export pro-
motion activities and export financing activities with-
in the Office;
(2) provide clear authority for the USTR to use
the expertise and assistance of other United States
Government agencies;
(3) achieve an overall 25 percent reduction in
the amount of funding for all Federal non-
agricultural export promotion activities within 2
years after the enactment of this Act; and
(4) include any functions of the Department of
Commerce not transferred by this subtitle, or of
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other Federal departments the transfer of which to
the Office would be necessary to the competitiveness
of the United States in international trade.
(c) DEFINITION.—As used in this section, the term
‘‘Federal nonagricultural export promotion activities’’
means all programs or activities of any department or
agency of the Federal Government (including, but not lim-
ited to, departments and agencies with representatives on
the Trade Promotion Coordinating Committee established
under section 2312 of the Export Enhancement Act of
1988 (15 U.S.C. 4727)) that are designed to stimulate
or assist United States businesses in exporting non-
agricultural goods or services that are products of the
United States, including trade missions.
SEC. 17337. ADDITIONAL TRADE FUNCTIONS.
(a) TERMINATION OF AUTHORIZATIONS OF APPRO-
PRIATIONS.—
(1) NAFTA SECRETARIAT.—Section 105(b) of
the North American Free Trade Agreement Imple-
mentation Act (19 U.S.C. 3315(b)) is amended by
striking ‘‘each fiscal year after fiscal year 1993’’ and
inserting ‘‘each of fiscal years 1994 and 1995’’.
(2) BORDER ENVIRONMENT COOPERATION COM-
MISSION.—Section 533(a)(2) of the North American
Free Trade Agreement Implementation Act (19
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U.S.C. 3473(a)(2)) is amended by striking ‘‘and
each fiscal year thereafter’’ and inserting ‘‘fiscal
year 1995’’.
(b) FUNCTIONS RELATED
TO TEXTILE AGREE-
MENTS.—
(1) FUNCTIONS OF CITA.—(A) Subject to sub-
paragraph (B), those functions delegated to the
Committee for the Implementation of Textile Agree-
ments established under Executive Order 11651 (7
U.S.C. 1854 note) (hereafter in this subsection re-
ferred to as ‘‘CITA’’) are transferred to the USTR.
(B) Those functions delegated to CITA that re-
late to the assessment of the impact of textile im-
ports on domestic industry are transferred to the
International Trade Commission.
(2) ABOLITION OF CITA.—CITA is abolished.
Subchapter D—Administrative Provisions
SEC. 17341. PERSONNEL PROVISIONS.
(a) APPOINTMENTS.—The USTR may appoint and
fix the compensation of such officers and employees, in-
cluding investigators, attorneys, and administrative law
judges, as may be necessary to carry out the functions
of the USTR and the Office. Except as otherwise provided
by law, such officers and employees shall be appointed in
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accordance with the civil service laws and their compensa-
tion fixed in accordance with title 5, United States Code.
(b) POSITIONS ABOVE GS–15.—(1) At the request
of the USTR, the Director of the Office of Personnel Man-
agement shall, under section 5108 of title 5, United States
Code, provide for the establishment in a grade level above
GS–15 of the General Service, and in the Senior Executive
Service, of a number of positions in the Office equal to
the number of positions in that grade level which were
used primarily for the performance of functions and of-
fices transferred by this subtitle and which were assigned
and filled on the day before the effective date of this sub-
title.
(2) Appointments to positions provided for under this
subsection may be made without regard to the provisions
of section 3324 of title 5, United States Code, if the indi-
vidual appointed in such position is an individual who is
transferred in connection with the transfer of functions
and offices under this subtitle and, on the day before the
effective date of this subtitle, holds a position and has du-
ties comparable to those of the position to which appointed
under this subsection.
(3) The authority under this subsection with respect
to any position established at a grade level above GS–15
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shall terminate when the person first appointed to fill such
position ceases to hold such position.
(4) For purposes of section 414(a)(3)(A) of the Civil
Service Reform Act of 1978, an individual appointed
under this subsection shall be deemed to occupy the same
position as the individual occupied on the day before the
effective date of this subtitle.
(c) EXPERTS AND CONSULTANTS.—The USTR may
obtain the services of experts and consultants in accord-
ance with section 3109 of title 5, United States Code, and
compensate such experts and consultants for each day (in-
cluding traveltime) at rates not in excess of the maximum
rate of pay for a position above GS–15 of the General
Schedule under section 5332 of such title. The USTR may
pay experts and consultants who are serving away from
their homes or regular place of business travel expenses
and per diem in lieu of subsistence at rates authorized
by sections 5702 and 5703 of such title for persons in
Government service employed intermittently.
(d) VOLUNTARY SERVICES.—(1)(A) The USTR is
authorized to accept voluntary and uncompensated serv-
ices without regard to the provisions of section 1342 of
title 31, United States Code, if such services will not be
used to displace Federal employees employed on a full-
time, part-time, or seasonal basis.
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ommendations of the USTR with respect to the number
of positions to be so classified under this subsection.
SEC. 17342. DELEGATION AND ASSIGNMENT.
Except where otherwise expressly prohibited by law
or otherwise provided by this subtitle, the USTR may dele-
gate any of the functions transferred to the USTR by this
subtitle and any function transferred or granted to the
USTR after the effective date of this subtitle to such offi-
cers and employees of the Office as the USTR may des-
ignate, and may authorize successive redelegations of such
functions as may be necessary or appropriate. No delega-
tion of functions by the USTR under this section or under
any other provision of this subtitle shall relieve the USTR
of responsibility for the administration of such functions.
SEC. 17343. SUCCESSION.
(a) ORDER OF SUCCESSION.—Subject to the author-
ity of the President, and except as provided in section
17321(b), the USTR shall prescribe the order by which
officers of the Office who are appointed by the President,
by and with the advice and consent of the Senate, shall
act for, and perform the functions of, the USTR or any
other officer of the Office appointed by the President, by
and with the advice and consent of the Senate, during the
absence or disability of the USTR or such other officer,
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or in the event of a vacancy in the office of the USTR
or such other officer.
(b) CONTINUATION.—Notwithstanding any other pro-
vision of law, and unless the President directs otherwise,
an individual acting for the USTR or another officer of
the Office pursuant to subsection (a) shall continue to
serve in that capacity until the absence or disability of
the USTR or such other officer no longer exists or a suc-
cessor to the USTR or such other officer has been ap-
pointed by the President and confirmed by the Senate.
SEC. 17344. REORGANIZATION.
(a) IN GENERAL.—Subject to subsection (b), the
USTR is authorized to allocate or reallocate functions
among the officers of the Office, and to establish, consoli-
date, alter, or discontinue such organizational entities in
the Office as may be necessary or appropriate.
(b) EXCEPTION.—The USTR may not exercise the
authority under subsection (a) to establish, consolidate,
alter, or discontinue any organizational entity in the Office
or allocate or reallocate any function of an officer or em-
ployee of the Office that is inconsistent with any specific
provision of this subtitle.
SEC. 17345. RULES.
The USTR is authorized to prescribe, in accordance
with the provisions of chapters 5 and 6 of title 5, United
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States Code, such rules and regulations as the USTR de-
termines necessary or appropriate to administer and man-
age the functions of the USTR or the Office.
SEC. 17346. FUNDS TRANSFER.
The USTR may, when authorized in an appropriation
Act in any fiscal year, transfer funds from one appropria-
tion to another within the Office, except that no appro-
priation for any fiscal year shall be either increased or
decreased by more than 10 percent and no such transfer
shall result in increasing any such appropriation above the
amount authorized to be appropriated therefor.
SEC. 17347. CONTRACTS, GRANTS, AND COOPERATIVE
AGREEMENTS.
(a) IN GENERAL.—Subject to the provisions of the
Federal Property and Administrative Services Act of
1949, the USTR may make, enter into, and perform such
contracts, leases, cooperative agreements, grants, or other
similar transactions with public agencies, private organiza-
tions, and persons, and make payments (in lump sum or
installments, and by way of advance or reimbursement,
and, in the case of any grant, with necessary adjustments
on account of overpayments and underpayments) as the
USTR considers necessary or appropriate to carry out the
functions of the USTR or the Office.
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(b) EXCEPTION.—Notwithstanding any other provi-
sion of this subtitle, the authority to enter into contracts
or to make payments under this subchapter shall be effec-
tive only to such extent or in such amounts as are provided
in advance in appropriation Acts. This subsection does not
apply with respect to the authority granted under section
17349.
SEC. 17348. USE OF FACILITIES.
(a) USE BY USTR.—With their consent, the USTR,
with or without reimbursement, may use the research,
services, equipment, and facilities of—
(1) an individual,
(2) any public or private nonprofit agency or
organization, including any agency or instrumental-
ity of the United States or of any State, the District
of Columbia, the Commonwealth of Puerto Rico, or
any territory or possession of the United States,
(3) any political subdivision of any State, the
District of Columbia, the Commonwealth of Puerto
Rico, or any territory or possession of the United
States, or
(4) any foreign government,
in carrying out any function of the USTR or the Office.
(b) USE OF USTR FACILITIES.—The USTR, under
terms, at rates, and for periods that the USTR considers
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to be in the public interest, may permit the use by public
and private agencies, corporations, associations or other
organizations, or individuals, of any real property, or any
facility, structure or other improvement thereon, under the
custody of the USTR. The USTR may require permittees
under this section to maintain or recondition, at their own
expense, the real property, facilities, structures, and im-
provements used by such permittees.
SEC. 17349. GIFTS AND BEQUESTS.
(a) IN GENERAL.—The USTR is authorized to ac-
cept, hold, administer, and utilize gifts and bequests of
property, both real and personal, for the purpose of aiding
or facilitating the work of the Office. Gifts and bequests
of money and the proceeds from sales of other property
received as gifts or bequests shall be deposited in the Unit-
ed States Treasury in a separate fund and shall be dis-
bursed on order of the USTR. Property accepted pursuant
to this subsection, and the proceeds thereof, shall be used
as nearly as possible in accordance with the terms of the
gift or bequest.
(b) TAX TREATMENT.—For the purpose of Federal
income, estate, and gift taxes, and State taxes, property
accepted under subsection (a) shall be considered a gift
or bequest to or for the use of the United States.
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(c) INVESTMENT.—Upon the request of the USTR,
the Secretary of the Treasury may invest and reinvest in
securities of the United States or in securities guaranteed
as to principal and interest by the United States any mon-
eys contained in the fund provided for in subsection (a).
Income accruing from such securities, and from any other
property held by the USTR pursuant to subsection (a),
shall be deposited to the credit of the fund, and shall be
disbursed upon order of the USTR.
SEC. 17350. WORKING CAPITAL FUND.
(a) ESTABLISHMENT.—The USTR is authorized to
establish for the Office a working capital fund, to be avail-
able without fiscal year limitation, for expenses necessary
for the maintenance and operation of such common ad-
ministrative services as the USTR shall find to be desir-
able in the interest of economy and efficiency, including—
(1) a central supply service for stationery and
other supplies and equipment for which adequate
stocks may be maintained to meet in whole or in
part the requirements of the Office and its compo-
nents;
(2) central messenger, mail, and telephone serv-
ice and other communications services;
(3) office space and central services for docu-
ment reproduction and for graphics and visual aids;