I
104TH CONGRESS
2D SESSION
H. R. 4328
To enhance the competitiveness of the United States and promote foreign
commerce generally through the creation of the United States Trade
Administration as an independent establishment in the executive branch
of the Government.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 28, 1996
Mr. WHITE introduced the following bill; which was referred to the Committee
on Ways and Means, and in addition to the Committees on Banking and
Financial Services, Government Reform and Oversight, International Re-
lations, and Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To enhance the competitiveness of the United States and
promote foreign commerce generally through the creation
of the United States Trade Administration as an inde-
pendent establishment in the executive branch of the
Government.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Trade Modernization
Act of 1996’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—GENERAL PROVISIONS
Sec. 101. Findings.
Sec. 102. Definitions.
TITLE II—UNITED STATES TRADE ADMINISTRATION
Subtitle A—Establishment
Sec. 201. Establishment of the USTA.
Sec. 202. Functions of USTR.
Subtitle B—Officers
Sec. 211. Deputy Administrator of the USTA.
Sec. 212. Deputy United States Trade Representatives.
Sec. 213. Assistant administrators.
Sec. 214. Director General for Export promotion.
Sec. 215. General counsel.
Sec. 216. Inspector General.
Sec. 217. Chief financial officer.
Subtitle C—Transfers to the USTA
Sec. 221. Office of the United States Trade Representative.
Sec. 222. Transfers from the Department of Commerce.
Sec. 223. Trade and Development Agency.
Sec. 224. Export-Import Bank.
Sec. 225. Overseas Private Investment Corporation.
Sec. 226. Consolidation of export promotion and financing activities.
Sec. 227. Additional trade functions.
Subtitle D—Administrative Provisions
Sec. 231. Personnel provisions.
Sec. 232. Delegation and assignment.
Sec. 233. Succession.
Sec. 234. Reorganization.
Sec. 235. Rules.
Sec. 236. Funds transfer.
Sec. 237. Contracts, grants, and cooperative agreements.
Sec. 238. Use of facilities.
Sec. 239. Gifts and bequests.
Sec. 240. Working capital fund.
Sec. 241. Service charges.
Sec. 241. Seal of office.
Subtitle E—Related Agencies
Sec. 251. National Security Council.
Sec. 252. International Monetary Fund.
and enhance the ability of United States businesses
to compete in foreign markets by acting to—
(A) reduce international and local trade
barriers imposed on investments and the sale of
products and services;
(B) promote and maintain an international
trade system that establishes open, transparent,
and fair trade rules; and
(C) encourage and facilitate increased par-
ticipation by United States businesses in the
international marketplace;
(4) unfortunately, the present organizational
structure of the Federal Government’s administra-
tion of international trade activities is too diffuse
and leads to inconsistent and conflicting policies and
actions, weakening United States trade leadership
and hindering the ability of United States businesses
to compete;
(5) therefore, the Federal Government must
fundamentally reorganize its trade related activities
to better coordinate the development and implemen-
tation of United States trade policy; and
(6) such reorganization must include the con-
solidation of Federal functions relating to inter-
national trade into a single office, with cabinet level
representation and full responsibility for all trade ac-
tivities of the United States.
SEC. 102. DEFINITIONS.
For purposes of this Act—
(1) the term ‘‘USTA’’ means the United States
Trade Administration established in section 201;
(2) the term ‘‘Federal agency’’ has the meaning
given to the term ‘‘agency’’ by section 551(1) of title
5, United States Code; and
(3) the term ‘‘USTR’’ means the United States
Trade Representative as provided for under section
201.
TITLE II—UNITED STATES
TRADE ADMINISTRATION
Subtitle A—Establishment
SEC. 201. ESTABLISHMENT OF THE USTA.
(a) IN GENERAL.—The United States Trade Admin-
istration (USTA) is established as an independent estab-
lishment in the executive branch of Government as defined
under section 104 of title 5, United States Code. The
United States Trade Representative shall be the head of
the USTA and shall be appointed by the President, by
and with the advice and consent of the Senate.
(b) AMBASSADOR STATUS.—The USTR shall have
the rank and status of Ambassador and shall represent
the United States in all trade negotiations conducted by
the USTA.
(c) CONTINUED SERVICE OF CURRENT USTR.—The
individual serving as United States Trade Representative
on the date immediately preceding the effective date of
this Act may continue to serve as USTR under subsection
(a).
SEC. 202. FUNCTIONS OF USTR.
(a) IN GENERAL.—As the head of the USTA, in addi-
tion to having primary responsibility for all other func-
tions transferred by law to the USTA, the USTR shall—
(1) serve as the principal advisor to the Presi-
dent on international trade policy, including advising
the President regarding the impact on trade of other
United States policies;
(2) exercise primary responsibility for develop-
ing, coordinating, and implementing the United
States international trade policy, to improve the
ability of United States businesses to compete in the
international marketplace;
(3) exercise primary responsibility for conduct-
ing international trade negotiations;
(4) monitor and, where appropriate, enforce
compliance with international trade agreements and
the laws of the United States relating to trade; and
(5) pursue the enforcement of international
agreements to which the United States is a party
that provide for the protection of intellectual prop-
erty rights, seek new international agreements to
minimize theft of intellectual property owned by
United States citizens and businesses, otherwise pro-
mote protection of intellectual property rights, and
report directly to the Congress, on an annual
basis—
(A) the status of enforcement of inter-
national agreements to which the United States
is a party that provide for the protection of in-
tellectual property rights;
(B) analyses of the impact on United
States citizens and businesses of piracy of intel-
lectual property by foreign entities; and
(C) any recommendations for new inter-
national agreements to provide for the protec-
tion of intellectual property rights.
(b) INTERAGENCY ORGANIZATION.—The USTR shall
be the chairperson of the interagency organization estab-
lished under section 242 of the Trade Expansion Act of
1962.
(c) NATIONAL SECURITY COUNCIL.—The USTR
shall be a member of the National Security Council.
(d) ADVISORY COUNCIL.—The USTR shall be Dep-
uty Chairman of the National Advisory Council on Inter-
national Monetary and Financial Policies established
under Executive Order 11269, issued February 14, 1966.
(e) AGRICULTURE.—(1) The USTR shall consult
with the Secretary of Agriculture or the designee of the
Secretary of Agriculture on all matters that potentially in-
volve international trade in agricultural products.
(2) If an international meeting for negotiation or con-
sultation includes discussion of international trade in agri-
cultural products, the USTR or the designee of the USTR
shall be Chairperson of the United States delegation to
such meeting and the Secretary of Agriculture or the des-
ignee of such Secretary shall be Vice Chairperson. The
provisions of this paragraph shall not limit the authority
of the USTR under subsection (h) to assign to the Sec-
retary of Agriculture responsibility for the conduct of, or
participation in, any trade negotiation or meeting.
(f) TRADE PROMOTION.—The USTR shall be the
chairperson of the Trade Promotion Coordinating Com-
mittee.
(g) NATIONAL ECONOMIC COUNCIL.—The USTR
shall be a member of the National Economic Council es-
tablished under Executive Order No. 12835, issued Janu-
ary 25, 1993.
(h) INTERNATIONAL TRADE NEGOTIATIONS.—Ex-
cept where expressly prohibited by law, the USTR, at the
request or with the concurrence of the head of any other
Federal agency, may assign the responsibility for conduct-
ing or participating in any specific international trade ne-
gotiation or meeting to the head of such agency whenever
the USTR determines that the subject matter of such
international trade negotiation is related to the functions
carried out by such agency.
Subtitle B—Officers
SEC. 211. DEPUTY ADMINISTRATOR OF THE USTA.
(a) ESTABLISHMENT.—There shall be in the USTA
the Deputy Administrator of the United States Trade Ad-
ministration, who shall be appointed by the President, by
and with the advice and consent of the Senate.
(b) 
ABSENCE, 
DISABILITY, 
OR
VACANCY
OF
USTR.—The Deputy Administrator of the United States
Trade Administration shall act for and exercise the func-
tions of the USTR during the absence or disability of the
USTR or in the event the office of the USTR becomes
vacant. The Deputy Administrator shall act for and exer-
cise the functions of the USTR until the absence or dis-
ability of the USTR no longer exists or a successor to the
USTR has been appointed by the President and confirmed
by the Senate.
(c) FUNCTIONS OF DEPUTY ADMINISTRATOR.—The
Deputy Administrator of the United States Trade Admin-
istration shall exercise all functions, under the direction
of the USTR, transferred to or established in the USTA,
except those functions exercised by the Deputy United
States Trade Representatives, the Director General for
Export Promotion, the Inspector General, and the General
Counsel of the USTA, as provided by this Act.
SEC. 212. DEPUTY UNITED STATES TRADE REPRESENTA-
TIVES.
(a) ESTABLISHMENT.—There shall be in the USTA
2 Deputy United States Trade Representatives, who shall
be appointed by the President, by and with the advice and
consent of the Senate. The Deputy United States Trade
Representatives shall exercise all functions under the di-
rection of the USTR, and shall include—
(1) the Deputy United States Trade Represent-
ative for Negotiations; and
(2) the Deputy United States Trade Represent-
ative to the World Trade Organization.
(b) FUNCTIONS OF DEPUTY UNITED STATES TRADE
REPRESENTATIVES.—(1) The Deputy United States
Trade Representative for Negotiations shall exercise all
functions transferred under section 221 and shall have the
rank and status of Ambassador.
(2) The Deputy United States Trade Representative
to the World Trade Organization shall exercise all func-
tions relating to representation to the World Trade Orga-
nization and shall have the rank and status of Ambas-
sador.
SEC. 213. ASSISTANT ADMINISTRATORS.
(a) ESTABLISHMENT.—There shall be in the USTA
3 Assistant Administrators, who shall be appointed by the
President, by and with the advice and consent of the Sen-
ate. The Assistant Administrators shall exercise all func-
tions under the direction of the Deputy Administrator of
the United States Trade Administration and include—
(1) the Assistant Administrator for Export Ad-
ministration;
(2) the Assistant Administrator for Import Ad-
ministration; and
(3) the Assistant Administrator for Trade and
Policy Analysis.
(b) FUNCTIONS OF ASSISTANT ADMINISTRATORS.—
(1) The Assistant Administrator for Export Administra-
tion shall exercise all functions transferred under section
222(1)(E).
(2) The Assistant Administrator for Import Adminis-
tration shall exercise all functions transferred under sec-
tion 222(1)(F).
(3) The Assistant Administrator for Trade and Policy
Analysis shall exercise all functions transferred under sec-
tion 222(1)(C) and (D) and all functions transferred
under section 222(2).
SEC. 214. DIRECTOR GENERAL FOR EXPORT PROMOTION.
(a) ESTABLISHMENT.—There shall be a Director
General for Export Promotion, who shall be appointed by
the President, by and with the advice and consent of the
Senate.
(b) FUNCTIONS.—The Director General for Export
Promotion shall exercise, under the direction of the
USTR, all functions transferred under sections 222(1)(A)
and (B) relating to functions of the United States and
Foreign Commercial Service and 223 and shall have the
rank and status of Ambassador.
SEC. 215. GENERAL COUNSEL.
There shall be in the USTA a General Counsel, who
shall be appointed by the President, by and with the advice
and consent of the Senate. The General Counsel shall pro-
vide legal assistance to the USTR concerning the activi-
ties, programs, and policies of the USTA.
SEC. 216. INSPECTOR GENERAL.
There shall be in the USTA an Inspector General
who shall be appointed in accordance with the Inspector
General Act of 1978, as amended by section 261(a) of this
Act.
SEC. 217. CHIEF FINANCIAL OFFICER.
There shall be in the USTA a Chief Financial Officer
who shall be appointed in accordance with section 901 of
title 31, United States Code, as amended by section
261(e) of this Act. The Chief Financial Officer shall per-
form all functions prescribed by the Deputy Administrator
of the USTA, under the direction of the Deputy Adminis-
trator.
Subtitle C—Transfers to the USTA
SEC. 221. OFFICE OF THE UNITED STATES TRADE REP-
RESENTATIVE.
There are transferred to the USTA all functions of
the United States Trade Representative and the Office of
the United States Trade Representative in the Executive
Office of the President and all functions of any officer or
employee of such Office.
SEC. 222. TRANSFERS FROM THE DEPARTMENT OF COM-
MERCE.
There are transferred to the USTA the following
functions:
(1) All functions of, and all functions performed
under the direction of, the following officers and em-
ployees of the Department of Commerce:
(A) The Under Secretary of Commerce for
International Trade.
(B) The Director General of the United
States and Foreign Commercial Service, relat-
ing to all functions exercised by the Service.
(C) The Assistant Secretary of Commerce
for International Economic Policy.
(D) The Assistant Secretary of Commerce
for Trade Development.
(E) The Under Secretary of Commerce for
Export Administration.
(F) The Assistant Secretary of Commerce
for Import Administration.
(2) All functions of the Secretary of Commerce
relating to the National Trade Data Bank.
(3) All functions of the Secretary of Commerce
under the Tariff Act of 1930, the Uruguay Round
Agreements Act, the Trade Act of 1974, and other
trade-related Acts for which responsibility is not oth-
erwise assigned under this Act.
SEC. 223. TRADE AND DEVELOPMENT AGENCY.
There are transferred to the Director General for Ex-
port Promotion all functions of the Director of the Trade
and Development Agency and the Trade and Development
Agency.
Trade Administration determines necessary to assist the
Export-Import Bank of the United States to carry out the
lending, loan guarantee, insurance, and other activities of
the Bank.’’.
SEC. 225. 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
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. 226. CONSOLIDATION OF EXPORT PROMOTION AND FI-
NANCING ACTIVITIES.
Within 180 days after the date of the enactment of
this Act, the President shall transmit to the Congress a
comprehensive plan to further consolidate Federal trade
programs and export financing activities within the
USTA. The plan shall provide for—
(1) an itemized summary of all Federal trade
programs and activities identified by authorizing
statute or executive order, including staff allocation
and resource expenditure;
(2) a unified budget for reallocating Federal
trade priorities, including identification and elimi-
nation of overlapping and duplicative export pro-
motion and financing activities;
(3) identification of present cooperative activi-
ties among Federal, State, and private trade pro-
grams, and recommendations for Federal priorities
and long-term opportunities for developing and in-
creasing such cooperation;
(4) recommendations for eliminating or restruc-
turing overlapping or ineffective functions among
Federal trade programs; and
(5) recommendations for implementing user
fees to offset operating costs for the provision of
services in the performance of Federal trade activi-
ties.
SEC. 227. 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
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 USTA.
(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. The International
Trade Commission shall make a determination pur-
suant to the preceding sentence within 60 days after
receiving a complaint or request for an investigation.
(2) ABOLITION OF CITA.—CITA is abolished.
Subtitle D—Administrative
Provisions
SEC. 231. PERSONNEL PROVISIONS.
(a) APPOINTMENTS.—The USTR may appoint and
fix the compensation of such officers and employees, in-
cluding investigators, attorneys, and administrative law
judges, as may be necessary to carry out the functions
of the USTA. 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) 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 Schedule, and in the Senior Execu-
tive Service, of a number of positions in the USTA 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 Act and which were assigned and
filled on the day before the effective date of this Act.
(2) Appointments to positions provided for under this
subsection may be made without regard to the provisions
of section 3324 of title 5, United States Code, if the indi-
vidual appointed in such position is an individual who is
transferred in connection with the transfer of functions
and offices under this Act and, on the day before the effec-
tive date of this Act, holds a position and has duties com-
parable to those of the position to which appointed under
this subsection.
(3) The authority under this subsection with respect
to any position established at a grade level above GS–15
shall terminate when the person first appointed to fill such
position ceases to hold such position.
(4) For purposes of section 414(a)(3)(A) of the Civil
Service Reform Act of 1978, an individual appointed
under this subsection shall be deemed to occupy the same
position as the individual occupied on the day before the
effective date of this Act.
(c) EXPERTS AND CONSULTANTS.—The USTR may
obtain the services of experts and consultants in accord-
ance with section 3109 of title 5, United States Code, and
compensate such experts and consultants for each day (in-
cluding traveltime) at rates not in excess of the maximum
rate of pay for a position 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.
(B) The USTR is authorized to accept volunteer serv-
ice in accordance with the provisions of section 3111 of
title 5, United States Code.
(2) The USTR is authorized to provide for incidental
expenses, including but not limited to transportation, lodg-
ing, and subsistence for individuals who provide voluntary
services under subparagraph (A) or (B) of paragraph (1).
(3) An individual who provides voluntary services
under paragraph (1)(A) shall not be considered a Federal
employee for any purpose other than for purposes of chap-
ter 81 of title 5, United States Code, relating to com-
pensation for work injuries, and chapter 171 of title 28,
United States Code, relating to tort claims.
(e) FOREIGN SERVICE POSITIONS.—In order to as-
sure United States representation in trade matters at a
level commensurate with the level of representation main-
tained by industrial nations which are major trade com-
petitors of the United States, the Secretary of State shall
classify certain positions at Foreign Service posts as com-
mercial minister positions and shall assign members of the
Foreign Service performing functions of the USTA, with
the concurrence of the USTR, to such positions in nations
which are major trade competitors of the United States.
The Secretary of State shall obtain and use the rec-
ommendations of the USTR with respect to the number
of positions to be so classified under this subsection.
SEC. 232. DELEGATION AND ASSIGNMENT.
Except where otherwise expressly prohibited by law
or otherwise provided by this Act, the USTR may delegate
any of the functions transferred to the USTA or USTR
by this Act and any function transferred or granted to
the USTA or USTR after the effective date of this Act
to such officers and employees of the USTA as the USTR
may designate, and may authorize successive redelegations
of such functions as may be necessary or appropriate. No
delegation of functions by the USTR under this section
or under any other provision of this Act shall relieve the
USTR of responsibility for the administration of such
functions.
SEC. 233. SUCCESSION.
(a) ORDER OF SUCCESSION.—Subject to the author-
ity of the President, and except as provided in section
alter, or discontinue any organizational entity in the
USTA or allocate or reallocate any function of an officer
or employee of the USTA that is inconsistent with any
specific provision of this Act.
SEC. 235. RULES.
The USTR is authorized to prescribe, in accordance
with the provisions of chapters 5 and 6 of title 5, United
States Code, such rules and regulations as the USTR de-
termines necessary or appropriate to administer and man-
age the functions of the USTA.
SEC. 236. FUNDS TRANSFER.
The USTR may, when authorized in an appropriation
Act in any fiscal year, transfer funds from one appropria-
tion to another within the USTA, 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. 237. CONTRACTS, GRANTS, AND COOPERATIVE AGREE-
MENTS.
(a) IN GENERAL.—Subject to the provisions of the
Federal Property and Administrative Services Act of
1949, the USTR may make, enter into, and perform such
contracts, leases, cooperative agreements, grants, or other
similar transactions with public agencies, private organiza-
tions, and persons, and make payments (in lump sum or
installments, and by way of advance or reimbursement,
and, in the case of any grant, with necessary adjustments
on account of overpayments and underpayments) as the
USTR considers necessary or appropriate to carry out the
functions of the USTA.
(b) EXCEPTION.—Notwithstanding any other provi-
sion 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
239.
SEC. 238. USE OF FACILITIES.
(a) USE BY USTR.—With their consent, the USTR,
with or without reimbursement, may use the research,
services, equipment, and facilities of—
(1) an individual,
(2) any public or private nonprofit agency or
organization, including any agency or instrumental-
ity of the United States or of any State, the District
of Columbia, the Commonwealth of Puerto Rico, or
any territory or possession of the United States,
(3) any political subdivision of any State, the
District of Columbia, the Commonwealth of Puerto
Rico, or any territory or possession of the United
States, or
(4) any foreign government,
in carrying out any function of the USTA.
(b) USE OF USTA FACILITIES.—The USTR, under
terms, at rates, and for periods that the USTR considers
to be in the public interest, may permit the use by public
and private agencies, corporations, associations or other
organizations, or individuals, of any real property, or any
facility, structure, or other improvement thereon, under
the custody of the USTA. The USTR may require permit-
tees under this section to maintain or recondition, at their
own expense, the real property, facilities, structures, and
improvements used by such permittees.
SEC. 239. GIFTS AND BEQUESTS.
(a) IN GENERAL.—The USTR is authorized to ac-
cept, hold, administer, and utilize gifts and bequests of
property, both real and personal, for the purpose of aiding
or facilitating the work of the USTA. 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.
(c) INVESTMENT.—Upon the request of the USTR,
the Secretary of the Treasury may invest and reinvest in
securities of the United States or in securities guaranteed
as to principal and interest by the United States any mon-
eys contained in the fund provided for in subsection (a).
Income accruing from such securities, and from any other
property held by the USTR pursuant to subsection (a),
shall be deposited to the credit of the fund, and shall be
disbursed upon order of the USTR.
SEC. 240. WORKING CAPITAL FUND.
(a) ESTABLISHMENT.—The USTR is authorized to
establish for the USTA 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 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 USTA 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;
(4) a central library service; and
(5) such other services as may be approved by
the Director of the Office of Management and Budg-
et.
(b) OPERATION OF FUND.—The capital of the fund
shall consist of any appropriations made for the purpose
of providing working capital and the fair and reasonable
value of such stocks of supplies, equipment, and other as-
sets and inventories on order as the USTR may transfer
to the fund, less the related liabilities and unpaid obliga-
tions. The fund shall be reimbursed in advance from avail-
able funds of agencies and offices in the USTA, or from
other sources, for supplies and services at rates which will
approximate the expense of operation, including the ac-
crual of annual leave and the depreciation of equipment.
The fund shall also be credited with receipts from the 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 miscellaneous
receipts any surplus of the fund (all assets, liabilities, and
prior losses considered) above the amounts transferred or
appropriated to establish and maintain the fund. There
shall be transferred to the fund the stocks of supplies,
equipment, other assets, liabilities, and unpaid obligations
relating to those services which the USTR determines will
be performed.
SEC. 241. SERVICE CHARGES.
(a) AUTHORITY.—Notwithstanding any other provi-
sion of law, the USTR may establish reasonable fees and
commissions with respect to applications, documents,
awards, loans, grants, research data, services, and assist-
ance administered by the USTA, and the USTR may
change and abolish such fees and commissions. Before es-
tablishing, changing, or abolishing any schedule of fees or
commissions under this section, the USTR may submit
such schedule to the Congress.
(b) DEPOSITS.—The USTR is authorized to require
a deposit before the USTR provides any item, information,
service, or assistance for which a fee or commission is re-
quired under this section.
(c) DEPOSIT OF MONEYS.—Moneys received under
this section shall be deposited in the Treasury in a special
account for use by the USTR and are authorized to be
appropriated and made available until expended.
(d) FACTORS IN ESTABLISHING FEES AND COMMIS-
SIONS.—In establishing reasonable fees or commissions
under this section, the USTR may take into account—
(1) the actual costs which will be incurred in
providing the items, information, services, or assist-
ance concerned;
(2) the efficiency of the Government in provid-
ing such items, information, services, or assistance;
(3) the portion of the cost that will be incurred
in providing such items, information, services, or as-
sistance which may be attributed to benefits for the
general public rather than exclusively for the person
to whom the items, information, services, or assist-
ance is provided;
(4) any public service which occurs through the
provision of such items, information, services, or as-
sistance; and
(5) such other factors as the USTR considers
appropriate.
(e) REFUNDS OF EXCESS PAYMENTS.—In any case
in which the USTR determines that any person has made
a payment which is not required under this section or has
made a payment which is in excess of the amount required
under this section, the USTR, upon application or other-
wise, may cause a refund to be made from applicable
funds.
SEC. 241. SEAL OF OFFICE.
The USTR shall cause a seal of office to be made
for the USTA of such design as the USTR shall approve.
Judicial notice shall be taken of such seal.
Subtitle E—Related Agencies
SEC. 251. NATIONAL SECURITY COUNCIL.
The fourth paragraph of section 101(a) of the Na-
tional Security Act of 1947 (50 U.S.C. 402(a)) is amend-
ed—
(1) by redesignating clauses (5), (6), and (7) as
clauses (6), (7), and (8), respectively; and
(2) by inserting after clause (4) the following
new clause:
‘‘(5) the United States Trade Representative;’’.
SEC. 252. INTERNATIONAL MONETARY FUND.
Section 3 of the Bretton Woods Agreement Act (22
U.S.C. 286a) is amended by adding at the end the follow-
ing new subsection:
‘‘(e) The United States executive director of the Fund
shall consult with the United States Trade Representative
with respect to matters under consideration by the Fund
which relate to trade.’’.
Subtitle F—Conforming
Amendments
SEC. 261. AMENDMENTS TO GENERAL PROVISIONS.
(a) INSPECTOR GENERAL.—The Inspector General
Act of 1978 (5 U.S.C. App.) is amended—
(1) in subsection 9(a)(1) by inserting after sub-
paragraph (W) the following:
‘‘(X) of the United States Trade Rep-
resentative, all functions of the Inspector Gen-
eral of the Department of Commerce and the
Office of the Inspector General of the Depart-
ment of Commerce relating to the functions
transferred to the United States Trade Rep-
resentative by section 222 of the Trade Mod-
ernization Act of 1996; and’’; and
(2) in section 11—
(A) in paragraph (1) by inserting ‘‘the
United States Trade Representative;’’ after
‘‘the Attorney General;’’; and
(B) in paragraph (2) by inserting ‘‘the
United States Trade Administration,’’ after
‘‘Treasury;’’.
(b) AMENDMENT TO THE TRADE ACT OF 1974.—(1)
Chapter 4 of title I of the Trade Act of 1974 is amended
to read as follows:
‘‘CHAPTER 4—REPRESENTATION IN
TRADE NEGOTIATIONS
‘‘SEC. 141. FUNCTIONS OF THE UNITED STATES TRADE REP-
RESENTATIVE.
‘‘The United States Trade Representative of the
United States Trade Administration established under
section 201 of the Trade Modernization Act of 1996
shall—
‘‘(1) be the chief representative of the United
States for each trade negotiation under this title or
chapter 1 of title III of this Act, or subtitle A of
title I of the Omnibus Trade and Competitiveness
Act of 1988, or any other provision of law enacted
after the Trade Modernization Act of 1996;
‘‘(2) report directly to the President and the
Congress, and be responsible to the President and
the Congress for the administration of trade agree-
ments programs under this Act, the Omnibus Trade
and Competitiveness Act of 1988, the Trade Expan-
sion Act of 1962, section 350 of the Tariff Act of
1930, and any other provision of law enacted after
the Trade Modernization Act of 1996;
‘‘(3) advise the President and the Congress
with respect to nontariff barriers to international
trade, international commodity agreements, and
other matters which are related to the trade agree-
ments programs; and
‘‘(4) be responsible for making reports to Con-
gress with respect to the matters set forth in para-
graphs (1) and (2).’’.
(2) The table of contents in the first section of the
Trade Act of 1974 is amended by striking the items relat-
ing to chapter 4 and section 141 and inserting the follow-
ing:
‘‘CHAPTER 4—REPRESENTATION IN TRADE NEGOTIATIONS
‘‘Sec. 141. Functions of the United States Trade Representative.’’.
(d) FOREIGN SERVICE PERSONNEL.—The Foreign
Service Act of 1980 is amended by striking paragraph (3)
of section 202(a) (22 U.S.C. 3922(a)) and inserting the
following:
‘‘(3) The United States Trade Representative
may utilize the Foreign Service personnel system in
accordance with this Act—
‘‘(A) with respect to the personnel per-
forming functions—
‘‘(i) which were transferred to the De-
partment of Commerce from the Depart-
ment of State by Reorganization Plan No.
3 of 1979; and
‘‘(ii) which were subsequently trans-
ferred to the United States Trade Rep-
(b) POSITIONS AT LEVEL II.—Section 5313 of title
5, United States Code, is amended by adding at the end
the following:
‘‘Deputy Administrator of the United States
Trade Administration.
‘‘Deputy United States Trade Representatives,
United States Trade Administration (2).’’.
(c) POSITIONS AT LEVEL III.—Section 5314 of title
5, United States Code, is amended—
(1) by striking the item relating to the Under
Secretary of Commerce, Under Secretary of Com-
merce for Economic Affairs, Under Secretary of
Commerce for Export Administration, and Under
Secretary of Commerce for Travel and Tourism, and
inserting ‘‘Under Secretary of Commerce for Eco-
nomic Affairs and Under Secretary of Commerce for
Travel and Tourism’’; and
(2) by adding at the end the following:
‘‘Assistant Administrators, United States Trade
Administration (3).
‘‘Director General for Export Promotion, Office
of the United States Trade Representative.’’.
(d) POSITIONS AT LEVEL IV.—Section 5315 of title
5, United States Code, is amended—
(1) in the item relating to the Assistant Sec-
retaries of Commerce, by striking ‘‘(11)’’ and insert-
ing ‘‘(7)’’;
(2) by striking the item relating to the Assist-
ant Secretary of Commerce and Director General of
the United States and Foreign Commercial Service;
and
(3) by adding at the end the following:
‘‘General Counsel, United States Trade Admin-
istration.
‘‘Inspector General, United States Trade Ad-
ministration.
‘‘Chief Financial Officer, United States Trade
Administration.’’.
(e) POSITIONS AT LEVEL V.—Section 5316 of title
5, United States Code, is amended by striking the item
relating to the National Export Expansion Coordinator,
Department of Commerce.
TITLE III—MISCELLANEOUS
PROVISIONS
SEC. 301. REFERENCES.
Any reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any
document of or pertaining to a department or office from
which a function is transferred by this Act—
(1) to the head of such department or office is
deemed to refer to the head of the department or of-
fice to which such function is transferred; or
(2) to such department or office is deemed to
refer to the department or office to which such func-
tion is transferred.
SEC. 302. ADDITIONAL TRANSFERS.
Any function of the Secretary of Commerce or the
Department of Commerce which—
(1) is not transferred by title II of this Act; and
(2) is incidental to, necessary for, or primarily
related to, the performance of a function transferred
by such title,
is transferred to the head of the Federal agency to which
the related function is transferred by such title.
SEC. 303. EXERCISE OF AUTHORITIES.
Except as otherwise provided by law, a Federal offi-
cial to whom a function is transferred by this Act may,
for purposes of performing the function, exercise all au-
thorities under any other provision of law that were avail-
able with respect to the performance of that function to
the official responsible for the performance of the function
immediately before the effective date of the transfer of the
function under this Act.
SEC. 304. SAVINGS PROVISIONS.
(a) LEGAL DOCUMENTS.—All orders, determinations,
rules, regulations, permits, grants, loans, contracts, agree-
ments, certificates, licenses, and privileges—
(1) that have been issued, made, granted, or al-
lowed to become effective by the President, the Sec-
retary of Commerce, the United States Trade Rep-
resentative, any officer or employee of any office
transferred by this Act, or any other Government of-
ficial, or by a court of competent jurisdiction, in the
performance of any function that is transferred by
this Act, and
(2) that are in effect on the effective date of
such transfer (or become effective after such date
pursuant to their terms as in effect on such effective
date),
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, any other author-
ized official, a court of competent jurisdiction, or operation
of law.
(b) PROCEEDINGS.—This Act shall not affect any
proceedings or any application for any benefits, service,
license, permit, certificate, or financial assistance pending
on the date of the enactment of this Act before an office
transferred by this Act, but such proceedings and applica-
tions shall be continued. Orders shall be issued in such
proceedings, appeals shall be taken therefrom, and pay-
ments shall be made pursuant to such orders, as if this
Act had not been enacted, and orders issued in any such
proceeding shall continue in effect until modified, termi-
nated, superseded, or revoked by a duly authorized official,
by a court of competent jurisdiction, or by operation of
law. Nothing in this subsection shall be construed to pro-
hibit the discontinuance or modification of any such pro-
ceeding under the same terms and conditions and to the
same extent that such proceeding could have been discon-
tinued or modified if this Act had not been enacted.
(c) SUITS.—This Act shall not affect suits com-
menced before the date of the enactment of this Act, and
in all such suits, proceeding shall be had, appeals taken,
and judgments rendered in the same manner and with the
same effect as if this Act had not been enacted.
(d) NONABATEMENT OF ACTIONS.—No suit, action,
or other proceeding commenced by or against the Depart-
ment of Commerce, the Secretary of Commerce, or the Of-
fice of the United States Trade Representative, or by or
against any individual in the official capacity of such indi-
vidual as an officer or employee of an office transferred
by this Act, shall abate by reason of the enactment of this
Act.
(e) CONTINUANCE OF SUITS.—If any Government of-
ficer in the official capacity of such officer is party to a
suit with respect to a function of the officer, and under
this Act such function is transferred to any other officer
or office, then such suit shall be continued with the other
officer or the head of such other office, as applicable, sub-
stituted or added as a party.
(f) ADMINISTRATIVE PROCEDURE AND JUDICIAL RE-
VIEW.—Except as otherwise provided by this Act, any
statutory requirements relating to notice, hearings, action
upon the record, or administrative or judicial 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, and other officers of the agency, to which such
function is transferred by this Act.
SEC. 305. TRANSFER OF ASSETS.
Except as otherwise provided in this Act, so much
of the personnel, property, records, and unexpended bal-
ances of appropriations, allocations, and other funds em-
ployed, used, held, available, or to be made available in
connection with a function transferred to an official or
agency by this Act shall be available to the official or the
head of that agency, respectively, at such time or times
as the Director of the Office of Management and Budget
directs for use in connection with the functions trans-
ferred.
SEC. 306. DELEGATION AND ASSIGNMENT.
Except as otherwise expressly prohibited by law or
otherwise provided in this Act, an official to whom func-
tions are transferred under this Act (including the head
of any office to which functions are transferred under this
Act) may delegate any of the functions so transferred to
such officers and employees of the office of the official as
the official may designate, and may authorize successive
redelegations of such functions as may be necessary or ap-
propriate. No delegation of functions under this section
or under any other provision of this Act shall relieve the
official to whom a function is transferred under this Act
of responsibility for the administration of the function.
SEC. 307. AUTHORITY OF DIRECTOR OF THE OFFICE OF
MANAGEMENT AND BUDGET WITH RESPECT
TO FUNCTIONS TRANSFERRED.
(a) DETERMINATIONS.—If necessary, the Director of
the Office of Management and Budget shall make any de-
termination of the functions that are transferred under
this Act.
(b) INCIDENTAL TRANSFERS.—The Director of the
Office of Management and Budget, at such time or times
as the Director shall provide, may make such determina-
tions as may be necessary with regard to the functions
transferred by this Act, and to make such additional inci-
dental dispositions of personnel, assets, liabilities, grants,
contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other
funds held, used, arising from, available to, or to be made
available in connection with such functions, as may be nec-
essary to carry out the provisions of this Act. The Director
shall provide for the termination of the affairs of all enti-
ties terminated by this Act and for such further measures
and dispositions as may be necessary to effectuate the pur-
poses of this Act.
SEC. 308. CERTAIN VESTING OF FUNCTIONS CONSIDERED
TRANSFERS.
For purposes of this Act, the vesting of a function
in a department or office pursuant to reestablishment of
an office shall be considered to be the transfer of the
function.
SEC. 309. AVAILABILITY OF EXISTING FUNDS.
Existing appropriations and funds available for the
performance of functions, programs, and activities termi-
nated pursuant to this Act shall remain available, for the
duration of their period of availability, for necessary ex-
penses in connection with the termination and resolution
of such functions, programs, and activities.
SEC. 310. DEFINITIONS.
For purposes of this title—
(1) the term ‘‘function’’ includes any duty, obli-
gation, power, authority, responsibility, right, privi-
lege, activity, or program; and
(2) the term ‘‘office’’ includes any office, ad-
ministration, agency, bureau, institute, council, unit,
organizational entity, or component thereof.
TITLE IV—MISCELLANEOUS
SEC. 401. EFFECTIVE DATE.
(a) IN GENERAL.—This Act shall take effect on the
last day of the 6-month period beginning on the date of
the enactment of this Act, except that—
(1) sections 226 and 307 shall take effect on
such date of enactment; and
(2) at any time after the date of the enactment
of this Act the officers provided for in title II of this
Act may be nominated and appointed, as provided in
such title.
(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) who will carry out such
functions until funds for that purpose are otherwise avail-
able.
SEC. 402. INTERIM APPOINTMENTS.
(a) IN GENERAL.—If one or more officers required
by this Act to be appointed by and with the advice and
consent 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. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as may be necessary to carry out the provisions of this
Act. Amounts appropriated under this section shall be
available until expended.
Æ