[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 580 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 580

   To enhance the competitiveness of the United States in the global 
   economy through the establishment of a Department of Trade as an 
    executive department of the Government, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 11 (legislative day, March 3), 1993

 Mr. Roth (for himself, Mr. Dole, Mr. Boren, Mr. Moynihan, Mr. Cohen, 
and Mr. Lieberman) introduced the following bill; which was read twice 
         and referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To enhance the competitiveness of the United States in the global 
   economy through the establishment of a Department of Trade as an 
    executive department of the Government, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may be 
cited as the ``Trade Reorganization Act of 1993''.

                           TABLE OF CONTENTS

                      TITLE I--GENERAL PROVISIONS

Sec. 101. Findings.
Sec. 102. Definitions.
                     TITLE II--DEPARTMENT OF TRADE

                         Part A--Establishment

Sec. 201. Establishment of Department.
Sec. 202. Functions of the Secretary.
                      Part B--Offices and Bureaus

Sec. 211. Office of the Trade Representative.
Sec. 212. Bureau of Export Promotion.
Sec. 213. Bureau of Trade and Policy Analysis.
Sec. 214. Bureau of Trade Administration.
                            Part C--Officers

Sec. 221. Deputy Secretary.
Sec. 222. Trade Representative.
Sec. 223. Under Secretaries.
Sec. 224. Assistant Secretaries.
Sec. 225. General Counsel.
Sec. 226. Inspector General.
Sec. 227. Representative to the General Agreement on Tariffs and Trade.
                  Part D--Transfers to the Department

Sec. 231. Office of the United States Trade Representative.
Sec. 232. Transfers from the Department of Commerce.
Sec. 233. Transfer of the Export-Import Bank.
Sec. 234. Overseas Private Investment Corporation.
Sec. 235. Trade and Development Agency.
Sec. 236. Bureau of Private Enterprise.
                   Part E--Administrative Provisions

Sec. 241. Personnel provisions.
Sec. 242. Delegation and assignment.
Sec. 243. Succession.
Sec. 244. Reorganization.
Sec. 245. Rules.
Sec. 246. Working capital fund.
Sec. 247. Funds transfer.
Sec. 248. Contracts, grants, and cooperative agreements.
Sec. 249. Publications.
Sec. 250. Use of facilities.
Sec. 251. Field offices.
Sec. 252. Gifts and bequests.
Sec. 253. Seal of Department.
Sec. 254. Annual report.
Sec. 255. Professional Trade Service Corps.
Sec. 256. National Trade Data Bank.
                        Part F--Related Agencies

Sec. 261. Interagency trade organization.
Sec. 262. National Security Council.
Sec. 263. International Monetary Fund.
                     Part G--Conforming Provisions

Sec. 271. Amendments.
Sec. 272. Repeals.
 TITLE III--ESTABLISHMENT OF TECHNOLOGY ADMINISTRATION AS INDEPENDENT 
                                 AGENCY

           Part A--Establishment of Technology Administration

Sec. 301. Short title.
Sec. 302. Findings.
Sec. 303. Definitions.
Sec. 304. Establishment.
Sec. 305. Functions of the Administrator.
Sec. 306. Conforming amendments.
                   Part B--Administrative Provisions

Sec. 321. Rules.
Sec. 322. Delegation.
Sec. 323. Personnel and services.
Sec. 324. Contracts.
Sec. 325. Use of facilities.
Sec. 326. Service charges.
Sec. 327. Acquisition and maintenance of property.
Sec. 328. Facilities at remote locations.
Sec. 329. Copyrights and patents.
Sec. 330. Gifts and bequests.
Sec. 331. Transfers of funds from other Federal agencies.
Sec. 332. Working capital fund.
Sec. 333. Seal of Administration.
Sec. 334. Annual report.
Sec. 335. Status of Administration under certain laws.
      TITLE IV--ESTABLISHMENT OF NATIONAL OCEANIC AND ATMOSPHERIC 
                ADMINISTRATION AS AN INDEPENDENT AGENCY

                Part A--Establishment of Administration

Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Definitions.
Sec. 404. Establishment.
Sec. 405. Officers.
Sec. 406. Transfer of the National Oceanic and Atmospheric 
                            Administration from the Department of 
                            Commerce.
                   Part B--Administrative Provisions

Sec. 411. Rules.
Sec. 412. Delegation.
Sec. 413. Personnel and services.
Sec. 414. Contracts.
Sec. 415. Use of facilities.
Sec. 416. Service charges.
Sec. 417. Acquisition and maintenance of property.
Sec. 418. Facilities at remote locations.
Sec. 419. Copyrights and patents.
Sec. 420. Gifts and bequests.
Sec. 421. Transfers of funds from other Federal agencies.
Sec. 422. Working capital fund.
Sec. 423. Seal of Administration.
Sec. 424. Annual report.
Sec. 425. Status of Administration under certain laws.
Sec. 426. Salary of Assistant Administrators.
Sec. 427. Coordination of environmental policy.
              TITLE V--TRANSFERS TO OTHER FEDERAL AGENCIES

              Part A--Minority Business Development Agency

Sec. 501. Transfers to the Small Business Administration.
Sec. 502. Administrative provisions relating to the Minority Business 
                            Development Agency.
Sec. 503. Conforming amendments relating to the Minority Business 
                            Development Agency.
Part B--Transfer of the Bureau of the Census to the Department of Labor

Sec. 511. Transfers.
Sec. 512. Establishment within the Department of Labor.
Sec. 513. Report to the President and Congress.
Sec. 514. Conforming amendments relating to the Bureau of the Census.
       TITLE VI--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

Sec. 601. Additional transfers.
Sec. 602. Transfer and allocations of appropriations and personnel.
Sec. 603. Incidental transfers.
Sec. 604. Effect on personnel.
Sec. 605. Savings provisions.
Sec. 606. Separability.
Sec. 607. Reference.
Sec. 608. Transition.
Sec. 609. Additional conforming amendments.
Sec. 610. Termination of the Department of Commerce.
                        TITLE VII--MISCELLANEOUS

Sec. 701. Effective date.
Sec. 702. Interim appointments.
Sec. 703. Personnel and funding reductions resulting from 
                            reorganization.
Sec. 704. Authorization of appropriations.

                      TITLE I--GENERAL PROVISIONS

                                findings

    Sec. 101. The Congress finds that--
            (1) principal national goals of the United States are to--
                    (A) maintain United States leadership in 
                international trade liberalization and expansion 
                efforts;
                    (B) reinvigorate the ability of the United States 
                economy to compete in international markets and to 
                respond flexibly to changes in international 
                competition; and
                    (C) expand United States participation in 
                international trade through aggressive promotion and 
                marketing of American products and services;
            (2) the economy of the United States is so inextricably 
        linked with the international economic system that all domestic 
        economic sectors are influenced by the dynamics of global trade 
        and investment;
            (3) the expansion of United States participation in 
        international trade will improve the general welfare of the 
        people of the United States by increasing demand for American 
        products and services, creating jobs, and increasing the gross 
        national product;
            (4) business, labor, and all levels of government must 
        place the highest priority on developing methods and policies 
        to achieve the goals described in paragraph (1), and the 
        achievement of such goals is dependent on a marked improvement 
        in the capability of United States businesses to compete in 
        foreign markets;
            (5) the Federal Government can enhance the capability of 
        United States businesses to compete in foreign markets by 
        acting to--
                    (A) reduce political and economic barriers to sales 
                and investments by such businesses;
                    (B) promote American goods and services in foreign 
                countries;
                    (C) encourage aggressive participation by the 
                private sector in the international marketplace; and
                    (D) develop policies to enhance productivity and 
                long-term growth;
            (6) effective and efficient Government action to enhance 
        the capability of United States businesses to compete in 
        foreign markets requires coordination of the development and 
        implementation of Government policies relating to the 
        international trade interests of the United States;
            (7) the Federal Government can enhance the capability of 
        State governments to expand foreign markets for goods and 
        services produced in such States by--
                    (A) providing information resources suitable for 
                developing and conducting international export programs 
                in the States;
                    (B) coordinating activities of Federal overseas 
                trade facilities with State international trade 
                offices;
                    (C) providing practical and technical assistance to 
                States developing or conducting international export 
                and investment programs; and
                    (D) taking appropriate actions to promote the 
                availability of such information and assistance;
            (8) effective and efficient Government action with respect 
        to international trade further requires the employment of a 
        corps of personnel consisting of individuals who, like the 
        personnel of the governments of United States trading partners, 
        are highly experienced and educated in international trade 
        operations and negotiations;
            (9) the present organizational structure of Government 
        administration of international trade activities is so diffuse 
        that inconsistent and contradictory policies and actions 
        result;
            (10) such inconsistent and contradictory policies and 
        actions inhibit domestic trade interests, create trade 
        opportunities for our international competitors, and discourage 
        experienced Government personnel from career service in 
        international trade activities;
            (11) United States performance in international trade is 
        fundamentally linked to the competitiveness of American 
        industry in the world economy;
            (12) improvements in the competitiveness of United States 
        industry, products, and services can be aided by reducing 
        traditional antagonisms among government, industry, labor, and 
        the public;
            (13) a lack of analytical capability and knowledge 
        concerning the competitive position of American industries and 
        foreign industries greatly hampers or delays the ability of the 
        United States to formulate responsible trade policies and 
        policies that affect the international competitiveness of 
        domestic industries;
            (14) the consolidation of Government functions relating to 
        international trade, including functions relating to technical 
        analysis, policymaking, international negotiation, and 
        operational responsibilities, into a Department of Trade shall 
        provide the needed coordination of Government activity in 
        international trade and will encourage the retention of the 
        highly experienced personnel necessary for such coordination to 
        be effective;
            (15) the continued prosperity and overall competitive 
        posture of the United States calls for a decisive and unified 
        trade policy that vigorously promotes an equitable 
        international trade environment in which the United States is 
        able to compete fully and fairly;
            (16) continued United States leadership in the world 
        economy requires the formulation and implementation of a trade 
        policy that is delineated and understood by the rest of the 
        world;
            (17) establishing a decisive and unified trade policy has 
        become a number one priority of the United States;
            (18) enhancing the process of consultation and advice 
        between the executive branch, the Congress, and the private 
        sector will assist in developing the consensus on and support 
        for the trade policy of the United States;
            (19) there is no one single agency or department within the 
        executive branch with overall responsibility for the 
        development, coordination, implementation, and administration 
        of the United States trade policy, and the proliferation and 
        division of agencies within the executive branch have weakened 
        the overall leadership of the United States in international 
        trade matters; and
            (20) the economic well-being of the American people will be 
        substantially enhanced through the creation of the Department 
        of Trade.

                              definitions

    Sec. 102. As used in this Act, unless otherwise provided or 
indicated by the context--
            (1) the term ``Department'' means the Department of Trade;
            (2) the term ``Secretary'' means the Secretary of Trade;
            (3) the term ``function'' means any duty, obligation, 
        power, authority, responsibility, right, privilege, activity, 
        or program;
            (4) the term ``administrative and support functions'' means 
        legal functions, investigative functions, budget preparation 
        and analysis functions, administrative functions, public 
        information functions, and congressional relations functions 
        carried out by a Federal agency, and such other support 
        services as may be determined by the head of such agency;
            (5) the term ``executive department'' has the meaning given 
        to the term ``Executive department'' by section 101 of title 5, 
        United States Code;
            (6) the term ``Federal agency'' has the meaning given to 
        the term ``agency'' by section 551(1) of such title; and
            (7) the term ``office'' includes any office, 
        administration, agency, institute, unit, organizational entity, 
        or component thereof.

                     TITLE II--DEPARTMENT OF TRADE

                         Part A--Establishment

                      establishment of department

    Sec. 201. (a) There is established an executive department to be 
known as the Department of Trade. The Department shall be administered 
by a Secretary of Trade, who shall be appointed by the President, by 
and with the advice and consent of the Senate.
    (b) The Department of Trade shall be deemed the successor to the 
Department of Commerce for all purposes, including protocol.

                       functions of the secretary

    Sec. 202. (a) In addition to the functions transferred to the 
Secretary by this Act, such other functions as the President may assign 
or delegate to the Secretary, and such other functions as the Secretary 
may, after the effective date of this Act, be required to carry out by 
law, the Secretary shall--
            (1) serve as the principal advisor to the President on 
        international trade policy and advise the President on the 
        impact of other policies of the United States Government on 
        international trade;
            (2) exercise primary responsibility, with the advice of the 
        interagency organization established under section 242 of the 
        Trade Expansion Act of 1962, for developing and implementing 
        international trade policy, including commodity matters and, to 
        the extent related to international trade policy, direct 
        investment matters and, in exercising such responsibility, 
        advance and implement the goals described in section 101(1) as 
        the primary mandate of the Department;
            (3) exercise lead responsibility for the conduct of 
        international trade negotiations, including negotiations 
        relating to commodity matters and, to the extent that such 
        negotiations are related to international trade, direct 
        investment negotiations;
            (4) exercise lead responsibility for the establishment of a 
        national export strategy, including policies designed to 
        implement such strategy;
            (5) with the advice of the interagency organization 
        established under section 242 of the Trade Expansion Act of 
        1962, issue policy guidance to other Federal agencies on 
        international trade, commodity, and direct investment functions 
        to the extent necessary to assure the coordination of 
        international trade policy;
            (6) seek and promote new opportunities for United States 
        products and services to compete in the world marketplace;
            (7) assist small businesses in developing export markets;
            (8) support State governments involved in expanding foreign 
        markets for goods and services produced in such States;
            (9) enforce the laws of the United States relating to 
        trade;
            (10) analyze economic trends and developments in order to 
        understand and foster the conditions that enhance productivity, 
        growth, and competitiveness;
            (11) report directly to the Congress--
                    (A) on the administration of, and matters 
                pertaining to, the trade agreements program under 
                Omnibus Trade and Competitiveness Act of 1988, the 
                Trade Act of 1974, the Trade Expansion Act of 1962, and 
                section 350 of the Tariff Act of 1930; and
                    (B) with respect to other important issues 
                pertaining to international trade;
            (12) keep each official adviser to the United States 
        delegations to international conferences, meetings, and 
        negotiation sessions relating to trade agreements who is 
        appointed from the Committee on Finance of the Senate or the 
        Committee on Ways and Means of the House of Representatives 
        under section 161 of the Trade Act of 1974 currently informed 
        on United States negotiating objectives with respect to trade 
        agreements, the status of negotiations in progress with respect 
        to such agreements, and the nature of any changes in domestic 
        law or the administration thereof which the Secretary may 
        recommend to Congress to carry out any trade agreement;
            (13) consult and cooperate with State and local governments 
        and other interested parties on international trade matters of 
        interest to such governments and parties, and to the extent 
        related to international trade matters, on investment matters, 
        and, when appropriate, hold informal public hearings;
            (14) serve as the principal advisor to the President on 
        government policies designed to contribute to enhancing the 
        ability of American industry and services to compete in 
        international markets;
            (15) develop recommendations for national strategies and on 
        specific policies intended to enhance the productivity and 
        international competitiveness of United States industries;
            (16) identify and develop recommendations to address 
        problems affecting the economic competitiveness of the United 
        States;
            (17) serve as the principal advisor to the President in 
        identifying and assessing the consequences of any government 
        policies which adversely affect, or have the potential to 
        adversely affect, the competitiveness of United States 
        industries and services; and
            (18) promote cooperation between business, labor, and 
        government to improve industrial performance and the ability of 
        American industries to compete in international markets and to 
        facilitate consultation and communication between the 
        government and the private sector about domestic industrial 
        performance and prospects as well as the performance and 
        prospects of foreign competitors.
    (b) The Secretary shall be the Chairman pro tempore of the 
interagency organization established under section 242 of the Trade 
Expansion Act of 1962.
    (c) The Secretary shall be a member of the National Security 
Council.
    (d) 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.
    (e)(1) The Secretary of Trade shall consult with the Secretary of 
Agriculture or the designee of the Secretary of Agriculture on all 
matters which potentially involve international trade in agricultural 
products.
    (2) If an international meeting for negotiation or consultation 
includes discussion of international trade in agricultural products, 
the Secretary of Trade or the designee of such Secretary shall be 
Chairman of the United States delegation to such meeting and the 
Secretary of Agriculture or the designee of such Secretary shall be 
Vice Chairman. The provisions of this paragraph do not limit the 
authority of the Secretary under subsection (g) to assign 
responsibility for the conduct of, or participation in, any trade 
negotiation or meeting to the Secretary of Agriculture.
    (f) The Secretary shall be Chairman of the Trade Promotion 
Coordinating Committee established by the President on May 23, 1990.
    (g) Except where expressly prohibited by law, the Secretary, at the 
request or with the concurrence of the head of any other Federal 
agency, may assign the responsibility for conducting or participating 
in any specific international trade negotiation or meeting to the head 
of such agency whenever the Secretary determines that the subject 
matter of such international trade negotiation is related to the 
functions carried out by such agency.

                      Part B--Offices and Bureaus

                   office of the trade representative

    Sec. 211. There is established in the Office of the Secretary the 
Office of the Trade Representative. The Secretary, through the Office 
of the Trade Representatives, shall perform all functions (other than 
administrative and support functions) transferred to the Secretary by 
section 231.

                       bureau of export promotion

    Sec. 212. (a) There is established within the Department, the 
Bureau of Export Promotion. The Bureau of Export Promotion shall be 
administered by the Under Secretary of the Bureau of Export Promotion 
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 Export Promotion, shall perform all functions (other than 
administrative and support functions) transferred to the Secretary 
under sections 232(3)(A), 233, 234, and 235. The Bureau of Export 
Promotion shall be the Government's lead organization responsible for 
implementing and devising United States trade promotion and financing 
efforts.
    (b)(1) There is established within the Bureau of Export Promotion 
the--
            (A) United States and Foreign Commercial Service;
            (B) Export-Import Bank of the United States; and
            (C) Overseas Private Investment Corporation.
    (2)(A)(i) The United States and Foreign Commercial Service shall be 
administered by an Assistant Secretary, who shall serve as Director 
General of the United States and Foreign Commercial Service, and who 
shall be appointed by the President, by and with the advice and consent 
of the Senate.
    (ii) There is established the Trade and Development Agency and the 
United States Travel and Tourism Administration within the United 
States and Foreign Commercial Service. The Trade and Development Agency 
shall be administered by a Director and the United States Travel and 
Tourism Administration shall be administered by a Director. Both 
Directors shall be appointed by the President with the advice and 
consent of the Senate.
    (B) The Export-Import Bank established under paragraph (1)(A) shall 
be administered by a President and a Board of Directors as provided 
under section 3 of the Export-Import Bank Act of 1945 (12 U.S.C. 635a) 
as amended by section 233 of this Act.
    (C) The Overseas Private Investment Corporation established under 
paragraph (1)(C) shall be administered by a President and a Board of 
Directors as provided under section 233 of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2193) as amended by section 234 of this Act.

                  bureau of trade policy and analysis

    Sec. 213. (a) There is established within the Department, the 
Bureau of Trade Policy and Analysis. The Bureau of Trade Policy and 
Analysis shall be administered by the Under Secretary of the Bureau of 
Trade Policy and Analysis 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 Policy and Analysis shall 
perform all functions (other than administrative and support functions) 
transferred to the Secretary under section 232(3)(B). The Under 
Secretary for Trade Policy and Analysis shall advise the Secretary of 
Trade on international trade and economic policy and provide assistance 
to the Secretary in multilateral and bilateral trade negotiations.
    (b)(1) There is established within the Bureau of Trade Policy and 
Analysis the--
            (A) Office of International Economic Policy;
            (B) Office of Business Analysis; and
            (C) Office of Economic Analysis.
    (2) Each component of the Bureau of Trade Policy and Analysis 
established under paragraph (1) (A), (B), and (C) shall be administered 
by an Assistant Secretary who shall be appointed by the President, by 
and with the advice and consent of the Senate.

                     bureau of trade administration

    Sec. 214. (a) There is established within the Department, the 
Bureau of Trade Administration. The Bureau of Trade Administration 
shall be administered by the Under Secretary of the Bureau of 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 support functions) transferred 
to the Secretary under section 232(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)(1) There is established 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 Secretary who shall be appointed 
by the President, by and with the consent of the Senate.

                            Part C--Officers

                            deputy secretary

    Sec. 221. (a) There shall be in the Department a Deputy Secretary 
of Trade, who shall be appointed by the President, by and with the 
advice and consent of the Senate.
    (b) The Deputy Secretary shall act for and exercise the functions 
of the Secretary during the absence or disability of the Secretary or 
in the event the office 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.

                          trade representative

    Sec. 222. There shall be in the Department a Trade Representative, 
who shall be appointed by the President, by and with the advice and 
consent of the Senate. The Trade Representative shall have the rank and 
status of Ambassador and shall represent the United States in all trade 
negotiations on behalf of the Secretary of Trade.

                           under secretaries

    Sec. 223. (a) There shall be in the Department three Under 
Secretaries of Trade, who shall be appointed by the President, by and 
with the advice and consent of the Senate.
    (b) Each Under Secretary of Trade shall perform such functions as 
the Secretary may prescribe.

                         assistant secretaries

    Sec. 224. (a) There shall be in the Department six Assistant 
Secretaries of Trade, who shall be appointed by the President, by and 
with the advice and consent of the Senate.
    (b) Each Assistant Secretary of Trade shall perform such functions 
as the Secretary may prescribe.<plus-minus>

                            general counsel

    Sec. 225. 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.

                           inspector general

    Sec. 226. There shall be in the Department an Inspector General who 
shall be appointed in accordance with the Inspector General Act of 
1978, as amended by section 271(h) of this Act.

      representative to the general agreement on tariffs and trade

    Sec. 227. There shall be in the Department a Permanent 
Representative to the General Agreement on Tariffs and Trade, who shall 
be appointed by the President, by and with the advice and consent of 
the Senate, and who shall have the rank and status of Ambassador 
Extraordinary and Plenipotentiary.

                  Part D--Transfers to the Department

            office of the united states trade representative

    Sec. 231. There are transferred to the Secretary 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.

               transfers from the department of commerce

    Sec. 232. Except for functions transferred by titles III, IV, V, 
and VI, there are transferred to the Secretary--
            (1) all functions of the Secretary of Commerce;
            (2) all functions of the Department of Commerce; and
            (3) all functions of, and all functions performed under the 
        direction of, the following officers and employees of the 
        Department of Commerce:
                    (A) the Under Secretary of Commerce for 
                International Trade, the Director General of the United 
                States and Foreign Commercial Services, the Under 
                Secretary of Commerce for Travel and Tourism and the 
                Assistant Secretary of Commerce for Tourism Marketing;
                    (B) the Under Secretary of Commerce for Economic 
                Affairs, the Assistant Secretary of Commerce for 
                International Economic Policy, the Assistant Secretary 
                of Commerce for Trade Development, the Director of the 
                Bureau of Economic Analysis of the Department of 
                Commerce, and the Chief Economist of the Department of 
                Commerce; and
                    (C) the Under Secretary for Export Administration 
                of the Department of Commerce and the Assistant 
                Secretary for Import Administration of the Department 
                of Commerce.

                   transfer of the export-import bank

    Sec. 233. (a)(1) There are transferred to the Secretary all 
functions of the Secretary of Commerce relating to the Export-Import 
Bank of the United States.
    (2) The Export-Import Bank of the United States is transferred to 
the Department of Trade.
    (b) Section 3(b) of the Export-Import Bank Act of 1945 (12 U.S.C. 
635a(b)) is amended to read as follows:
    ``(b) There shall be a President of the Export-Import Bank of the 
United States who shall be appointed by the President, by and with the 
advice and consent of the Senate, and shall serve as chief executive 
officer of the Bank. There shall be a First Vice President of the Bank, 
who shall be appointed by the President of the United States, by and 
with the advice and consent of the Senate, who shall serve as President 
of the Bank during the absence or disability of or in the event of a 
vacancy in the Office of the President of the Bank, and who shall at 
other times perform such functions as the President of the Bank may 
from time to time prescribe.''.
    (c) 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 Under Secretary of the Bureau of Export Promotion of the 
Department 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 President of the Overseas Private Investment 
Corporation, and the Director General of the United States and Foreign 
Commercial Service.''.
    (d) 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 to carry out the lending, loan guarantee, insurance, and other 
activities of the Bank.''.

                overseas private investment corporation

    Sec. 234. (a) There are transferred to the Secretary all functions 
of the Director of the United States International Development 
Cooperation Agency relating to the Overseas Private Investment 
Corporation.
    (b) 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 
follows: ``The Under Secretary of the Bureau of Export Promotion of the 
Department of Trade shall be the Chairman of the Board. The 
Administrator of the Agency for International Development, the 
President of the Overseas Private Investment Corporation (who shall 
serve as Vice Chairman), and the Director General of the United States 
Foreign and Commercial Service shall serve on the Board.''.

                      trade and development agency

    Sec. 235. There are transferred to the Secretary all functions of 
the Director of the United States International Development Agency 
relating to the Trade and Development Agency. There are transferred to 
the Department all functions of the Trade and Development Program.

                      bureau of private enterprise

    Sec. 236. There are transferred to the United States and Foreign 
Commercial Service all functions of the Bureau of Private Enterprise of 
the Agency for International Development.

                   Part E--Administrative Provisions

                          personnel provisions

    Sec. 241. (a) The Secretary may appoint and fix the compensation of 
such officers and employees, including 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 appointed in 
accordance with the civil service laws and their compensation fixed in 
accordance with title 5, United States Code.
    (b)(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 Department equal to the number of positions 
in that grade level which were used primarily for the performance of 
functions and offices transferred by this Act and which were assigned 
and filled on the day before the effective date of this Act.
    (2) Appointments to positions provided for under this subsection 
may be made without regard to the provisions of section 3324 of title 
5, United States Code, if the individual 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 
effective date of this Act, holds a position and has duties 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 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) The Secretary may obtain the services of experts and 
consultants in accordance with section 3109 of title 5, United States 
Code, and compensate such experts and consultants for each day 
(including traveltime) at rates not in excess of the maximum rate of 
pay for a position 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 subsistence at rates 
authorized by sections 5702 and 5703 of such title for persons in 
Government service employed intermittently.
    (d)(1)(A) The Secretary is authorized to accept voluntary and 
uncompensated services 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 incidental expenses, 
including but not limited to transportation, lodging, 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 chapter 81 of title 5, United States Code, 
relating to compensation for work injuries, and chapter 171 of title 
28, United States Code, relating to tort claims.
    (e) In order to assure United States representation in trade 
matters at a level commensurate with the level of representation 
maintained by industrial nations which are major trade competitors of 
the United States, the Secretary of State shall classify certain 
positions at Foreign Service posts as commercial 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 competitors 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.

                       delegation and assignment

    Sec. 242. Except where otherwise expressly prohibited by law or 
otherwise provided by this Act, the Secretary may delegate 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 officers 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.

                               succession

    Sec. 243. (a) Subject to the authority of the President, and except 
as provided in section 221(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 Senate, shall act for, and 
perform the functions of, the Secretary 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 
Secretary or such other officer, or in the event of a vacancy in the 
office of the Secretary or such other officer.
    (b) 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.

                             reorganization

    Sec. 244. (a) Subject to subsections (b) and (c), the Secretary 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) Except as provided in subsection (c), the Secretary may 
establish, consolidate, alter, or discontinue any organizational entity 
in the Department or allocate or reallocate any function of an officer 
or employee of the Department upon the expiration of a period of sixty 
days after the receipt by the Committee on Finance and the Committee on 
Governmental Affairs of the Senate and the Committee on Government 
Operations and the Committee on Ways and Means 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 circumstances relied upon in support of such 
proposed action.

                                 rules

    Sec. 245. The Secretary 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 Secretary determines necessary or 
appropriate to administer and manage the functions of the Secretary or 
the Department.

                          working capital fund

    Sec. 246. (a) 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 service 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) 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 
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 
equipment. 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 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 Secretary determines will be performed.

                             funds transfer

    Sec. 247. The Secretary may, when authorized in an appropriation 
Act in any fiscal year, transfer funds from one appropriation 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 therefore.

             contracts, grants, and cooperative agreements

    Sec. 248. (a) 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 
organizations, and persons, and make payments (in lump sum or 
installments, and by way of advance or reimbursement, and, in the case 
of any grant, with necessary adjustments on account of overpayments and 
underpayments) as the Secretary considers necessary or appropriate to 
carry out the functions of the Secretary or the Department.
    (b) Notwithstanding any other provision of this Act, the authority 
to enter into contracts or to make payments under this title shall be 
effective only to such extent or in such amounts as are provided in 
advance in appropriation Acts. This subsection does not apply with 
respect to the authority granted under section 252.

                              publications

    Sec. 249. Subject to such procedures of the Director of the Office 
of Management and Budget may prescribe, the Secretary may disseminate 
in the form of reports or publications such information as the 
Secretary considers appropriate.

                           use of facilities

    Sec. 250. (a) 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 instrumentality 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 Department.
    (b) 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 agencies, corporations, associations or other 
organizations, or by individuals, of any real property, or any 
facility, structure 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 improvements used by such permittees.

                             field offices

    Sec. 251. (a) Subject to subsection (b), the Secretary may 
establish, alter, consolidate, maintain, or discontinue State, 
regional, district, local, or other field offices as the Secretary 
finds necessary or appropriate to perform any function of the Secretary 
or the Department.
    (b) The Secretary may establish, alter, consolidate, maintain, or 
discontinue State, regional, district, local, or other field offices 
under subsection (a) upon the expiration of a period of sixty days 
after the receipt by the Committee on Finance and the Committee on 
Governmental Affairs of the Senate and the Committee on Government 
Operations and the Committee on Ways and Means 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 circumstances relied upon in support of such 
proposed action.
    (c) Within one year after the effective date of this Act, the 
Secretary and the Administrator of the Small Business Administration 
shall prepare and transmit to the President and to Congress a joint 
report containing recommendations for improving the competitiveness of 
United States business through--
            (1) enhanced cooperation between the Small Business 
        Administration and the United States and Foreign Commercial 
        Service;
            (2) the utilization of Small Business Administration 
        regional offices by the United States and Foreign Commercial 
        Service;
            (3) increased efforts to assist small- and medium-size 
        firms to enter the export market through the facilities of the 
        United States and Foreign Commercial Service; and
            (4) consolidation of the Small Business Administration 
        within the United States and Foreign Commercial Service or the 
        Department of Trade.

                           gifts and bequests

    Sec. 252. (a) The Secretary is authorized to accept, 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 bequests of money and the proceeds from sales of 
other property received as gifts or bequests shall be deposited in the 
United States Treasury in a separate fund and shall be disbursed on 
order of the Secretary. Property accepted pursuant to this paragraph, 
and the proceeds thereof, shall be used as nearly as possible in 
accordance with the terms of the gift or bequest.
    (b) 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) Upon the request of the Secretary, the Secretary of the 
Treasury may invest and reinvest in securities of the United States or 
in securities guaranteed as to principal and interest by the United 
States any moneys 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.

                           seal of department

    Sec. 253. 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.

                             annual report

    Sec. 254. 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.

                    professional trade service corps

    Sec. 255. Within 180 days after the effective date of this Act, the 
Secretary shall prepare and transmit to the President and the Congress 
a report containing recommendations for the establishment of a 
Professional Trade Service Corps designed to attract and retain highly 
qualified, experienced, and motivated professionals to administer the 
trade policies and activities of the United States. The system shall 
contain provisions for--
            (1) the advancement and retention of personnel on a 
        competitive basis;
            (2) the designation of senior positions in such Federal 
        agencies in order that personnel employed in such agencies may 
        advance in careers relating to international trade; and
            (3) the transfer of personnel between the system and the 
        Foreign Service personnel system in order that personnel 
        employed in such systems may be employed in foreign and 
        domestic service.

                        national trade data bank

    Sec. 256. Within 180 days after the effective date of this Act, the 
Secretary shall prepare and transmit to the President and the Congress 
a report containing recommendations for enhancing the Government's 
foreign trade and economic data collection and dissemination 
activities. The report shall include--
            (1) recommendations for increasing the capacity of the 
        National Trade Data Bank established by the Omnibus Trade and 
        Competitiveness Act of 1988;
            (2) findings by the Interagency Trade Data Advisory 
        Committee for expanding the National Trade Data Bank consistent 
        with the needs of its users;
            (3) recommendations on including within the National Trade 
        Data Bank economic information collected by United States 
        intelligence agencies; and
            (4) suggestions for the overall improvement and 
        coordination of the United States Government's trade and 
        economic data collection and dissemination activities.

                        Part F--Related Agencies

                     interagency trade organization

    Sec. 261. Section 242(a)(3) of the Trade Expansion Act of 1962 (19 
U.S.C. 1872(a)(3)) is amended to read as follows:
            ``(3)(A) The interagency organization established under 
        subsection (a) shall be composed of--
                    ``(i) the Secretary of Trade, who shall be 
                Chairman,
                    ``(ii) the Secretary of Agriculture,
                    ``(iii) the Secretary of the Treasury,
                    ``(iv) the Secretary of Labor,
                    ``(v) the Secretary of State, and
                    ``(vi) the representatives of such other 
                departments and agencies as the Secretary of Trade 
                shall designate.
            ``(B) The Secretary of Trade may invite representatives 
        from other agencies, as appropriate, to attend particular 
        meetings if subject matters of specific 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 
        Chairman shall direct.''.

                       national security council

    Sec. 262. The fourth paragraph of section 101(a) of the National 
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;''.

                      international monetary fund

    Sec. 263. 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.''.

                     Part G--Conforming Provisions

                               amendments

    Sec. 271. (a) Section 19(d)(1) of title 3, United States Code, is 
amended by striking out ``Secretary of Commerce,'' and inserting in 
lieu thereof ``Secretary of Trade,''.
    (b) Section 101 of title 5, United States Code, is amended by 
striking out the item relating to the Department of Commerce and 
inserting in lieu thereof the following:
            ``The Department of Trade.''.
    (c) Section 5312 of such title is amended--
            (1) by striking out the items relating to the Secretary of 
        Commerce and the United States Trade Representative; and
            (2) by adding at the end thereof the following:
            ``Secretary of Trade.''.
    (d)(1) Section 2(b) of Reorganization Plan No. 3 of 1979 is amended 
by striking out paragraph (1) and by striking out ``(2)''.
    (2) Section 5313 of title 5, United States Code, is amended by 
adding at the end thereof the following:
            ``Deputy Secretary, Department of Trade.''.
    (e) Section 5314 of such title is amended--
            (1) by striking out the item relating to the Under 
        Secretary of Commerce, the Under Secretary of Commerce for 
        Economic Affairs, and the Under Secretary of Commerce for 
        Travel and Tourism;
            (2) by striking out the item relating to the Deputy United 
        States Trade Representatives; and
            (3) by adding at the end thereof the following:
            ``Under Secretaries of Trade (3).
            ``Deputy Secretary of Trade.
            ``Chief Trade Negotiator, Department of Trade.
            ``Permanent Representative to the General Agreement on 
        Tariffs and Trade, Department of Trade.''.
    (f) Section 5315 of such title is amended--
            (1) by striking out the item relating to the Assistant 
        Secretaries of Commerce;
            (2) by striking out the item relating to the General 
        Counsel of the Department of Commerce; and
            (3) 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.''.
    (g) Section 5316 of such title is amended--
            (1) by striking out the item relating to Commissioner of 
        Patents, Department of Commerce;
            (2) by striking out the item relating to the National 
        Export Expansion Coordinator, Department of Commerce;
            (3) by striking out the item relating to the Director, 
        United States Travel Service, Department of Commerce;
            (4) by striking out the item relating to the Inspector 
        General, Department of Commerce;
            (5) by striking out the item relating to the Director, 
        National Bureau of Standards, Department of Commerce; and
            (6) by adding at the end thereof the following:
            ``Inspector General, Department of Trade.''.
    (h) The Inspector General Act of 1978 is amended--
            (1) in subsection 9(a)(1)--
                    (A) by striking out subparagraph (B);
                    (B) by redesignating subparagraphs (C) through (H) 
                as subparagraphs (B) through (G), respectively; and
                    (C) by inserting before subparagraph (I) the 
                following:
            ``(H) of the Department of Trade, all functions of the 
        Inspector General of the Department of Commerce and the Office 
        of the Inspector General of the Department of Commerce relating 
        to the functions transferred to the Secretary of Trade by 
        section 232 of the Trade Reorganization Act of 1992;'';
            (2) by striking out ``Commerce,'' each place it appears in 
        section 11; and
            (3) by inserting ``Trade,'' after ``Interior,'' each place 
        it appears in such section.
    (i)(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 SECRETARY OF TRADE.

    ``The Secretary of Trade 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;
            ``(2) report directly to the President and the Congress, 
        and be responsible to the President and the Congress for the 
        administration of trade agreements programs under this Act, the 
        Omnibus Trade and Competitiveness Act of 1988, the Trade 
        Expansion Act of 1962, and section 350 of the Tariff Act of 
        1930;
            ``(3) advise the President and Congress with respect to 
        nontariff barriers to international trade, international 
        commodity agreements, and other matters which are related to 
        the trade agreements programs; and
            ``(4) be responsible for making reports to Congress with 
        respect to the matters set forth in clauses (1) and (2).''.
    (2) The table of contents in the first section of the Trade Act of 
1974 is amended by striking out the items relating to chapter 4 and 
section 141 and inserting in lieu thereof the following:

           ``Chapter 4--Representation in Trade Negotiations

``Sec. 141. Functions of the Secretary of Trade.''.
    (j) The Foreign Service Act of 1980 is amended by striking out 
paragraph (3) of section 202(a) (22 U.S.C. 3922(a)) and inserting in 
lieu thereof the following:
            ``(3) The Secretary of Trade may utilize the Foreign 
        Service personnel system in accordance with this Act--
                    ``(A) with respect to the personnel performing 
                functions--
                            ``(i) which were transferred to the 
                        Department of Commerce from the Department of 
                        State by Reorganization Plan No. 3 of 1979; and
                            ``(ii) which were subsequently transferred 
                        to the Secretary of Trade by section 232 of the 
                        Trade Reorganization Act of 1992; and
                    ``(B) with respect to other personnel of the 
                Department of Trade to the extent the President 
                determines to be necessary in order to enable the 
                Department of Trade to carry out functions which 
                require service abroad.''.
    (k)(1) Section 201 of the International Travel Act of 1961 (22 
U.S.C. 2122) is amended by striking out ``Commerce'' and inserting in 
lieu thereof ``Trade''.
    (2) Section 202(a)(13) of such Act (22 U.S.C. 2123(a)(13)) is 
amended by striking out ``Commerce'' and inserting in lieu thereof 
``Trade''.
    (3) Section 301 of such Act (22 U.S.C. 2124) is amended to read as 
follows:
    ``Sec. 301. All duties and responsibilities of the Secretary under 
this Act shall be exercised directly by the Secretary or by the 
Secretary through the Assistant Secretary of Trade for the United 
States and Foreign Commercial Service.''.
    (4) Section 302(b)(1) of such Act (22 U.S.C. 2124a(b)(1)) is 
amended--
            (A) by striking out ``Commerce'' in subparagraph (A) and 
        inserting in lieu thereof ``Trade'';
            (B) by striking out ``Under Secretary'' and inserting in 
        lieu thereof ``Assistant Secretary of Trade'' in subparagraph 
        (B); and
            (C) by striking out subparagraph (D) and inserting in lieu 
        thereof the following:
            ``(D) an individual designated by the Secretary of Trade 
        from the Department of Trade;''.
    (5) Section 303(f) of such Act (22 U.S.C. 2124b(f)) is amended by 
striking out ``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 section 202(a)(15)''.

                                repeals

    Sec. 272. (a)(1) The first section of the Act entitled ``An Act to 
establish the Department of Commerce and Labor'', approved February 14, 
1903 (15 U.S.C. 1501), is repealed.
    (2) The first section of the Act entitled ``An Act to create a 
Department of Labor'', approved March 4, 1913 (15 U.S.C. 1501), is 
amended by striking out beginning with ``and the Department of Commerce 
and Labor'' through ``accordingly''.
    (b) Subsection (a) of the first section of the Act entitled ``An 
Act to authorize an Under Secretary of Commerce for Economic Affairs'', 
approved June 16, 1982 (96 Stat. 115; 15 U.S.C. 1503a), is repealed.
    (c) The Act entitled ``An Act to provide for the appointment of one 
additional Assistant Secretary of Commerce, and for other purposes'', 
approved July 15, 1947 (15 U.S.C. 1505), is repealed.
    (d) The first sentence of section 304 of the Department of Commerce 
Appropriation Act, 1955 (15 U.S.C. 1506), is repealed.
    (e) The Act entitled ``An Act to authorize an additional Assistant 
Secretary of Commerce'', approved February 16, 1962 (15 U.S.C. 1507), 
is repealed.
    (f) Subsection (a) of section 9 of the Maritime Appropriation 
Authorization Act for Fiscal Year 1978 (15 U.S.C. 1507b), is repealed.
    (g)(1) The first section of the Act of March 18, 1904 (33 Stat. 
135, chapter 716; 15 U.S.C. 1508), is amended by striking out the 
paragraph relating to the Office of the Solicitor of the Department of 
Commerce and Labor.
    (2) Section 2 of the Act of July 17, 1952 (66 Stat. 758, chapter 
932; 15 U.S.C. 1508), is repealed.
    (h)(1) Sections 4 and 12 of the Act entitled ``An Act to Establish 
the Department of Commerce and Labor'', approved February 14, 1903 (15 
U.S.C. 1511), are repealed.
    (2) The first section of the Act of August 23, 1912 (37 Stat. 407, 
chapter 350; 15 U.S.C. 1511), is amended by striking out the paragraph 
relating to the Bureau of Foreign and Domestic Commerce.
    (3) The first section of the Act of January 5, 1923 (42 Stat. 1109, 
chapter 23; 15 U.S.C. 1511), is repealed.
    (4) The first section of the Act of May 27, 1936 (49 Stat. 1380, 
chapter 463; 15 U.S.C. 1511), is repealed.
    (i) Section 8 of the Act entitled ``An Act to establish the 
Department of Commerce and Labor'', approved February 14, 1903 (15 
U.S.C. 1519), is repealed.
    (j) Title III of the Act entitled ``An Act making appropriations 
for the Departments of State, Justice, and Commerce for the fiscal year 
ending June 30, 1945, and for other purposes'', approved June 28, 1944 
(15 U.S.C. 1521), is amended by striking out the paragraph relating to 
the working capital fund of the Department of Commerce.
    (k) Sections 1, 2, and 3 of Public Law 88-611 (15 U.S.C. 1522, 
1523, and 1524) are repealed.

 TITLE III--ESTABLISHMENT OF TECHNOLOGY ADMINISTRATION AS INDEPENDENT 
                                 AGENCY

           Part A--Establishment of Technology Administration

                              short title

    Sec. 301. This title may be cited as the ``Technology 
Administration Act of 1992''.

                                findings

    Sec. 302. The Congress finds that the establishment of an 
independent agency for technology programs shall--
            (1) provide a focus for technological innovation for 
        industrial and commercial purposes;
            (2) facilitate the development of a single agency and a 
        unified means for research and development to enhance the 
        United States competitive position in the global economy; and
            (3) aid in the establishment of a coherent program to 
        promote civilian research and development and the 
        commercialization of new technologies.

                              definitions

    Sec. 303. For the purposes of this title--
            (1) the term ``Administration'' means the Technology 
        Administration established under section 304; and
            (2) the term ``Administrator'' means the Administrator of 
        the Technology Administration.

                             establishment

    Sec. 304. (a) There is established the Technology Administration 
which shall be an independent establishment as defined under section 
104 of title 5, United States Code. The Administration shall be 
administered by the Administrator of the Technology Administration who 
shall be appointed by the President, by and with the advice and consent 
of the Senate. The Administration shall be composed of--
            (1) the National Institute of Standards and Technology 
        established under subsection (c);
            (2) the National Technical Information Service established 
        under subsection (d);
            (3) the National Telecommunications Institute established 
        under subsection (e); and
            (4) the Patent and Trademark Office established under 
        subsection (f).
    (b) There are transferred to the Administration and the 
Administrator all functions of the Technology Administration of the 
Department of Commerce and the Under Secretary for Technology and--
            (1) all functions performed by the National Institute of 
        Standards and Technology of the Department of Commerce and the 
        Director of the National Institute of Standards and Technology 
        of the Department of Commerce;
            (2) all functions performed by the National Technical 
        Information Service of the Department of Commerce and the 
        Director of the National Technical Information Service of the 
        Department of Commerce;
            (3) all functions performed by the National 
        Telecommunications and Information Administration of the 
        Department of Commerce and the Assistant Secretary for 
        Communications and Information of the Department of Commerce; 
        and
            (4) all functions performed by the Patent and Trademark 
        Office of the Department of Commerce and the Assistant 
        Secretary and Commissioner of Patents and Trademarks of the 
        Department of Commerce.
    (c) There is established in the Administration the National 
Institute of Standards and Technology. The National Institute of 
Standards and Technology shall be administered by the Director of the 
National Institute of Standards and Technology appointed by the 
President, by and with the consent of the Senate. The Director shall 
perform all functions (other than administrative and support functions) 
transferred to the Administrator under subsection (a)(1).
    (d) There is established the National Technical Information Service 
within the Administration. The National Technical Information Service 
shall be headed by the Director of the National Technical Information 
Service appointed by the President, by and with the consent of the 
Senate. The Director of the National Technical Information Service, 
shall perform all functions (other than administrative and support 
functions) transferred to the Administrator under subsection (a)(2).
    (e) There is established in the Administration the National 
Telecommunications Institute. The National Telecommunications Institute 
shall be administered by the Director of the National 
Telecommunications Institute appointed by the President, by and with 
the consent of the Senate. The Director shall perform all functions 
(other than administrative and support functions) transferred to the 
Administrator under subsection (a)(3).
    (f) There is established in the Administration the Patent and 
Trademark Office. The Patent and Trademark Office shall be administered 
by the Commissioner for Patents and Trademarks appointed by the 
President, by and with the advice and consent of the Senate. The 
Administrator through the Commissioner for Patents and Trademarks, 
shall perform all functions (other than administrative and support 
functions) transferred to the Administrator under subsection (a)(4).

                     functions of the administrator

    Sec. 305. In addition to the functions transferred under section 
304 or functions delegated by the President, the Administrator shall--
            (1) exercise responsibility, through the Stevenson-Wydler 
        Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.) and 
        other policies, for the Federal Government's role in 
        encouraging technological innovation for industrial and 
        commercial purposes;
            (2) consult and coordinate technology policy with the 
        Office of Science and Technology Policy of the Executive Office 
        of the President;
            (3) use Federal resources in a manner consistent with the 
        needs and demands of the commercial marketplace to ensure the 
        competitiveness of United States industries;
            (4) accelerate technology transfer by collecting, 
        condensing, interpreting, synthesizing, adding value, and 
        diffusing to industry innovative technology, research 
        advancements, and ideas for technology, products, and 
        manufacturing processes that are developed throughout the 
        world;
            (5) improve industry manufacturing and commercialization 
        capabilities by creating and maintaining a distributed national 
        network of expertise in manufacturing skills and 
        commercialization methods; and
            (6) facilitate the transfer of knowledge to startup 
        companies and other businesses requesting assistance to 
        strengthen manufacturing skills.

                         conforming amendments

    Sec. 306. (a) The provisions of subchapter II of chapter 53 of 
title 5, United States Code (as amended by section 271 of this Act) are 
further amended--
            (1) in section 5313 by adding at the end thereof:
            ``Administrator of the Technology Administration.'';
            (2) in section 5314 by striking out the item relating to 
        the Under Secretary of Commerce for Technology and adding at 
        the end thereof:
            ``Director of the National Technical Information Service of 
        the Technology Administration.
            ``Director of the National Telecommunications Institute of 
        the Technology Administration.
            ``Commissioner of the Patent and Trademark Office of the 
        Technology Administration.
            ``Director of the National Institute of Standards and 
        Technology of the Technology Administration.''; and
            (3) in section 5316 by striking out the items relating to 
        the Commissioner of Patents, Department of Commerce, the Deputy 
        Commissioner of Patents and Trademarks, the Assistant 
        Commissioner of Patents, and the Assistant Commissioner for 
        Trademarks.
    (b) The Stevenson-Wydler Technology Innovation Act of 1980 (15 
U.S.C. 3701 et seq.) is amended--
            (1) in section 4 by striking out paragraphs (1) through (3) 
        and inserting in lieu thereof:
            ``(1) `Administration' means the Technology Administration.
            ``(2) `Administrator' means the Administrator of the 
        Technology Administration.'';
            (2) in section 5--
                    (A) by striking out subsections (a) and (b);
                    (B) in subsection (d) by striking out ``subsection 
                (c)'' and inserting in lieu thereof ``subsection (a)''; 
                and
                    (C) redesignating subsections (c), (d), and (e) as 
                subsections (a), (b), and (c), respectively.
            (3) by striking out ``Office'' each place it appears and 
        inserting ``Administration'' in each such place;
            (4) by striking out ``Secretary'' each place it appears and 
        inserting ``Administrator'' in each such place;
            (5) by striking out ``and the Under Secretary'' each place 
        it appears; and
            (6) by striking out ``Department of Commerce'' each place 
        it appears and inserting ``Foundation'' in each such place.
    (c) Section 212 of the National Technical Information Act of 1988 
(15 U.S.C. 3704b) is amended--
            (1) in subsection (a)(1) by striking out ``The Secretary of 
        Commerce, acting through the Director of the National Technical 
        Information Service'' and inserting in lieu thereof ``The 
        Administrator of the Technology Administration'';
            (2) in subsection (f)(1) by striking out ``Secretary of 
        Commerce and''; and
            (3) by striking out ``Secretary of Commerce'' and 
        ``Secretary'' each place it appears and inserting 
        ``Administrator'' in each such place.

                   Part B--Administrative Provisions

                                 rules

    Sec. 321. In the performance of the functions of the Administrator 
and the Administration, the Administrator is authorized to make, 
promulgate, issue, rescind, and amend rules and regulations. The 
promulgation of such rules and regulations--
            (1) shall be governed by the provisions of chapter 5 of 
        title 5, United States Code; and
            (2) shall be after notice and opportunity for full 
        participation by relevant Federal agencies, State agencies, 
        local governments, regional organizations, authorities, 
        councils, and other interested public and private parties.

                               delegation

    Sec. 322. Except as otherwise provided in this Act, the 
Administrator may delegate any function to such officers and employees 
of the Administration as the Administrator may designate, and may 
authorize such successive redelegations of such functions in the 
Administration as may be necessary or appropriate. No delegation of 
functions by the Administrator under this section or under any other 
provision of this Act shall relieve the Administrator of responsibility 
for the administration of such functions.

                         personnel and services

    Sec. 323. (a) In the performance of the functions of the 
Administrator and in addition to the officers provided for by section 
304, the Administrator is authorized to appoint, transfer, and fix the 
compensation of such officers and employees, including attorneys, as 
may be necessary to carry out the functions of the Administrator and 
the Administration. Except as otherwise provided by law, such officers 
and employees shall be appointed in accordance with the civil service 
laws and compensated in accordance with title 5, United States Code.
    (b) The Administrator is authorized to obtain the services of 
experts and consultants in accordance with section 3109 of title 5, 
United States Code.
    (c) The Administrator is authorized to pay transportation expenses, 
and per diem in lieu of subsistence expenses, in accordance with 
chapter 57 of title 5, United States Code.
    (d) The Administrator is authorized to utilize, on a reimbursable 
basis, the services of personnel of any Federal agency.
    (e) The Administrator is authorized to appoint such advisory 
committees as may be appropriate for purposes of consultation and 
advice to the Administration in carrying out the functions of the 
Administration.
    (f)(1)(A) The Administrator is authorized to accept voluntary and 
uncompensated services 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 Administrator is authorized to accept volunteer service in 
accordance with the provisions of section 3111 of title 5, United 
States Code.
    (2) The Administrator is authorized to provide for incidental 
expenses, including but not limited to transportation, lodging, and 
subsistence for such volunteers.
    (3) An individual who provides voluntary services under paragraph 
(1)(A) of this subsection shall not be considered a Federal employee 
for any purpose other than for purposes of chapter 81 of title 5, 
United States Code, relating to compensation for work injuries, and 
chapter 171 of title 28, United States Code, relating to tort claims.

                               contracts

    Sec. 324. The Administrator is authorized, without regard to the 
provisions of section 3324 of title 31, United States Code, to enter 
into and perform such contracts, leases, cooperative agreements, or 
other transactions as may be necessary to carry out the functions of 
the Administrator and the Administration. The Administrator may enter 
into such contracts, leases, agreements, and transactions with any 
Federal agency or any instrumentality of the United States, or with any 
State, territory, or possession, or with any political subdivision 
thereof, or with any person, firm, association, corporation, or 
educational institution, on such terms and conditions as the 
Administrator may consider appropriate. The authority of the 
Administrator to enter into contracts and leases under this section 
shall be to such extent or in such amounts as are provided in 
appropriation Acts.

                           use of facilities

    Sec. 325. With their consent, the Administrator may, with or 
without reimbursement, use the services, equipment, personnel, and 
facilities of Federal agencies and other public and private agencies, 
and may cooperate with other public and private agencies and 
instrumentalities in the use of services, equipment, personnel, and 
facilities. The head of each Federal agency shall cooperate fully with 
the Administrator in making the services, equipment, personnel, and 
facilities of the Federal agency available to the Administrator. The 
head of a Federal agency is authorized, notwithstanding any other 
provision of law, to transfer to or to receive from the Administration, 
without reimbursement, supplies and equipment other than administrative 
supplies or equipment.

                            service charges

    Sec. 326. (a) Notwithstanding any other provision of law, the 
Administrator may establish reasonable fees and commissions with 
respect to applications, documents, awards, loans, grants, research 
data, services, and assistance and may change and abolish such fees and 
commissions. Prior to establishing, changing, or abolishing any 
schedule of fees or commissions under this section, the Administrator 
may submit such schedule to the Congress.
    (b) The Administrator is authorized to require a deposit before the 
Administrator provides any item, information, service, or assistance 
for which a fee or commission is required under this section.
    (c) Moneys received under this section shall be deposited with the 
Treasury in a special account for use by the Administrator and are 
authorized to be appropriated and made available until expended.
    (d) In establishing reasonable fees or commissions under this 
section, the Administrator may take into consideration--
            (1) the actual costs which will be incurred in providing 
        items, information, services, or assistance;
            (2) the efficiency of the Government in providing such 
        items, information, services, or assistance;
            (3) the portion of the cost that will be incurred in 
        providing such items, information, services, or assistance 
        which may be attributed to benefits for the general public 
        interest rather than to exclusive benefits for the applicant;
            (4) any public service which occurs through the provision 
        of such items, information, services, or assistance; and
            (5) such other factors as the Administrator considers 
        relevant.
    (e) In any case in which the Administrator 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 Administrator, upon application or otherwise, may cause a 
refund to be made from applicable funds.

                acquisition and maintenance of property

    Sec. 327. (a) The Administrator is authorized--
            (1) to acquire (by purchase, lease, condemnation, or 
        otherwise), construct, improve, repair, operate, and maintain--
                    (A) laboratories;
                    (B) research and testing sites and facilities;
                    (C) quarters and related accommodations for 
                employees and dependents of employees of the 
                Administration; and
                    (D) such other real and personal property 
                (including patents), or any interest therein within and 
                outside the continental United States;
            (2) to lease to others such real and personal property; and
            (3) to provide by contract or otherwise for eating 
        facilities and other necessary facilities for the welfare of 
        employees of the Administration at its installations and to 
        purchase and maintain equipment therefor.
    (b) Title to any property or interest therein acquired pursuant to 
this section shall be in the United States.
    (c) The authority granted by subsection (a) of this section shall 
be available only with respect to facilities of a special purpose 
nature that cannot readily be reassigned from similar Federal 
activities and are not otherwise available for assignment to the 
Administration by the Administrator of General Services.
    (d) The authority of the Administrator to enter into contracts and 
leases under this section shall be to such extent or in such amounts as 
are provided in appropriation Acts.

                     facilities at remote locations

    Sec. 328. (a) The Administrator is authorized to provide, 
construct, or maintain for employees and their dependents stationed at 
remote locations as necessary and when not otherwise available at such 
remote locations--
            (1) emergency medical services and supplies;
            (2) food and other subsistence supplies;
            (3) meeting facilities;
            (4) audiovisual equipment, accessories, and supplies for 
        recreation and training;
            (5) reimbursement for food, clothing, medicine, and other 
        supplies furnished by such employees in emergencies for the 
        temporary relief of distressed persons;
            (6) living and working quarters and facilities; and
            (7) transportation for school-age dependents of employees 
        to the nearest appropriate educational facilities.
    (b) The furnishing of medical treatment under paragraph (1) of 
subsection (a) and the furnishing of services and supplies under 
paragraphs (2) and (3) of such subsection shall be at prices reflecting 
reasonable value as determined by the Administrator.
    (c) Proceeds derived from reimbursements under this section shall 
be deposited in the Treasury and may be withdrawn by the Administrator 
to pay directly the cost of work or services provided under this 
section, to repay or make advances to appropriations of funds which do 
or will bear all or a part of such cost, or to refund excess sums when 
necessary, except that such payments may be credited to a service or 
working capital fund otherwise established by law, and used under the 
law governing such funds if the fund is available for use by the 
Administrator for performing the work or services for which payment is 
received.

                         copyrights and patents

    Sec. 329. The Administrator is authorized to acquire any of the 
following described rights if the property acquired thereby is for use 
in, or is useful to, the performance of functions of the Administrator 
or the Administration:
            (1) Copyrights, patents, and applications for patents, 
        designs, processes, specifications, and data.
            (2) Licenses under copyrights, patents, and applications 
        for patents.
            (3) Releases, before an action is brought, for past 
        infringement of patents of copyrights.

                           gifts and bequests

    Sec. 330. The Administrator is authorized to accept, hold, 
administer and utilize gifts, donations, or bequests of property, real 
or personal, tangible or intangible, and contributions of money for 
purposes of aiding or facilitating the work of the Administrator or the 
Administration. For the purposes of Federal income, estate, and gift 
taxes, and State taxes, property accepted under this subsection shall 
be considered a gift or bequest to the United States.

             transfers of funds from other federal agencies

    Sec. 331. The Administrator is authorized to accept transfers from 
other Federal agencies of funds which are available to carry out 
functions transferred by this Act to the Administrator or functions 
assigned by law to the Administrator after the date of enactment of 
this Act.

                          working capital fund

    Sec. 332. (a) The Administrator is authorized to establish for the 
Administration a working capital fund, to be available without fiscal 
year limitation, for expenses necessary for the maintenance and 
operation of such common administrative services as the Administrator 
shall find to be desirable in the interest of economy and efficiency, 
including such services as--
            (1) a central supply service for stationery and other 
        supplies and equipment for which adequate stocks may be 
        maintained to meet in whole or in part the requirements of the 
        Administration and its components;
            (2) central messenger, mail, and telephone service and 
        other communications service;
            (3) office space, central services for document 
        reproduction and for graphics and visual aids; and
            (4) a central library service.
    (b) 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 
assets and inventories on order as the Administrator may transfer to 
the fund, less the related liabilities and unpaid obligations. Such 
funds shall be reimbursed in advance from available funds of agencies 
and offices in the Administration, or from other sources, for supplies 
and services at rates which will approximate the expense of operation, 
including the accrual of annual leave and the depreciation of 
equipment. 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 miscellaneous receipts any surplus of the fund (all 
assets, liabilities, and prior losses considered) above the amounts 
transferred or appropriated to establish and maintain such 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 Administrator determines will be performed.

                         seal of administration

    Sec. 333. The Administrator shall cause a seal of office to be made 
for the Administration of such design as the Administrator shall 
approve. Judicial notice shall be taken of such seal.

                             annual report

    Sec. 334. (a) As soon as is practicable after the close of each 
fiscal year, the Administrator shall submit to the President a report 
on the activities of the Administration during the preceding fiscal 
year. The President shall transmit each such report to the Speaker of 
the House of Representatives and the President pro tempore of the 
Senate not later than December 31 of each year.
    (b) Each Federal agency shall, without charge, provide the 
Administrator with such data and information as the Administrator may 
request to carry out this section. Each Federal agency shall, on a cost 
reimbursable basis, provide the Administrator with such services and 
personnel as the Administrator may request to carry out this section.
    (c)(1) The Administrator is authorized to include in the report 
required by subsection (a) for each fiscal year a report on any program 
or activity carried out by the Administrator during such fiscal year.
    (2) Notwithstanding any other provision of law, the inclusion by 
the Administrator in the report required by subsection (a) for any 
fiscal year of a report on any program or activity carried out by the 
Administrator during such fiscal year shall be considered compliance 
with any requirement established by law or regulation that the 
Administrator prepare a report with respect to the administration of 
such program or activity during all or part of such fiscal year. If the 
Administrator includes in the report required under subsection (a) for 
any fiscal year a report on any program or activity, the Administrator 
shall include in such report all items required to be included in the 
report with respect to such program or activity required to be prepared 
by law or regulation.

              status of administration under certain laws

    Sec. 335. For purposes of section 552b of title 5, United States 
Code, the Administration is an agency. For purposes of chapter 9 of 
such title, the Administration is an independent regulatory agency.

      TITLE IV--ESTABLISHMENT OF NATIONAL OCEANIC AND ATMOSPHERIC 
                ADMINISTRATION AS AN INDEPENDENT AGENCY

                Part A--Establishment of Administration

                              short title

    Sec. 401. This title may be cited as the ``National Oceanic and 
Atmospheric Administration Act of 1992''.

                                findings

    Sec. 402. The Congress finds that the establishment of an 
independent agency for ocean, coastal, and atmospheric programs will--
            (1) provide a focus for ocean, coastal, and atmospheric 
        activities;
            (2) facilitate the development of a single agency and a 
        unified means for research concerning ocean, coastal, and 
        atmospheric programs; and
            (3) aid in the establishment of a coherent program to 
        promote understanding, assessment, development, management, 
        conservation, and protection of ocean, coastal, and atmospheric 
        environments.

                              definitions

    Sec. 403. For the purposes of this title--
            (1) the term ``Administration'' means the National Oceanic 
        and Atmospheric Administration established under section 404; 
        and
            (2) the term ``Administrator'' means the Administrator of 
        the National Oceanic and Atmospheric Administration.

                             establishment

    Sec. 404. There is established as an independent establishment of 
the Government the National Oceanic and Atmospheric Administration. The 
Administration shall succeed the National Oceanic and Atmospheric 
Administration of the Department of Commerce in existence on the day 
before the effective date of this Act.

                                officers

    Sec. 405. (a) The Administration shall be administered by an 
Administrator, who shall be appointed by the President, by and with the 
advice and consent of the Senate. The Administrator shall carry out all 
functions transferred to the Administrator by this Act and shall have 
authority and control over all personnel, programs, and activities of 
the Administration.
    (b) There shall be in the Administration a Deputy Administrator, 
who shall be appointed by the President, by and with the advice and 
consent of the Senate. The Deputy Administrator shall perform such 
functions as the Administrator shall prescribe. The Deputy 
Administrator shall act for and perform the functions of the 
Administrator during the absence or disability of the Administrator, or 
in the event of a vacancy in the office of the Administrator.
    (c) There shall be in the Administration an Associate 
Administrator, who shall be appointed by the President, by and with the 
advice and consent of the Senate. The Associate Administrator shall 
perform such functions as the Administrator shall prescribe. The 
Associate Administrator shall act for and perform the functions of the 
Administrator during the absence or disability of the Administrator and 
the Deputy Administrator or in the event of a vacancy in both of those 
offices.
    (d) There shall be in the Administration not less than five and not 
more than seven Assistant Administrators, who shall be appointed by the 
President, by and with the advice and consent of the Senate. The 
Assistant Administrators shall perform such functions as the 
Administrator shall prescribe. The Administrator shall designate the 
order in which the Assistant Administrators shall act for and perform 
the functions of the Administrator during the absence or disability of 
the Administrator, the Deputy Administrator, and the Associate 
Administrator, or in the event of vacancies in all of those offices.
    (e) There shall be in the Administration a General Counsel, who 
shall be appointed by the President, by and with the advice and consent 
of the Senate. The General Counsel shall be the chief legal officer for 
all legal matters arising from the conduct of the functions of the 
Administration.
    (f)(1) There shall be in the Administration a Commissioned Officer 
Corps, which shall be the Commissioned Officer Corps of the National 
Oceanic and Atmospheric Administration established by Reorganization 
Plan No. 4 of 1970. Members of the Corps, including those appointed 
after the effective date of this Act, shall be entitled to all rights, 
privileges, and benefits available under any law to commissioned 
officers of the Commissioned Officer Corps of the National Oceanic and 
Atmospheric Administration of the Department of Commerce on the day 
before the effective date of this Act.
    (2) All laws and regulations applicable to commissioned officers of 
the National Oceanic and Atmospheric Administration of the Department 
of Commerce on the day before the effective date of this Act shall be 
applicable to commissioned officers of the Administration.
    (g) The Secretary of the Navy may detail to the Administrator, on 
an additional-duty basis, a Navy flag officer of the rank of rear 
admiral, who shall serve and be designated as the Naval Deputy to the 
Administrator. The Naval Deputy shall--
            (1) act as a liaison between the Administrator and the 
        Secretary of the Navy in order to avoid duplication of Federal 
        oceanographic activities;
            (2) act to maintain a close relationship between the 
        Administration and the Navy in research and development; and
            (3) ensure that national security considerations are 
        addressed by the Administrator in formulating policies.
    (h)(1) There shall be in the Administration a Director of the 
national sea grant college program, who shall be appointed by the 
Administrator and who shall be a qualified individual who has knowledge 
or expertise in fields relating to ocean and coastal resources and 
appropriate administrative experience. The Director of the national sea 
grant college program shall be appointed without regard to the 
provisions of title 5, United States Code, governing appointments in 
the competitive service, and shall be compensated at a rate not in 
excess of the maximum rate for a position above GS-15 of the General 
Schedule.
    (2) The Director of the national sea grant college program shall 
administer the national sea grant college program subject to the 
supervision of the Administrator and in accordance with functions 
prescribed by law or by the Administrator.

 transfer of the national oceanic and atmospheric administration from 
                       the department of commerce

    Sec. 406. (a)(1) The National Oceanic and Atmospheric 
Administration of the Department of Commerce is transferred to the 
Administration.
    (2) All functions of the Secretary of Commerce or the Department of 
Commerce with respect to or being administered through the National 
Oceanic and Atmospheric Administration of the Department of Commerce or 
the Administrator of such Administration on the day before the 
effective date of this Act are transferred to the Administrator 
appointed under section 405(a).
    (3) All functions of the National Oceanic and Atmospheric 
Administration of the Department of Commerce or the Administrator of 
such Administration are transferred to the Administrator appointed 
under section 405(a).

                   Part B--Administrative Provisions

                                 rules

    Sec. 411. In the performance of the functions of the Administrator 
and the Administration, the Administrator is authorized to make, 
promulgate, issue, rescind, and amend rules and regulations. The 
promulgation of such rules and regulations--
            (1) shall be governed by the provisions of chapter 5 of 
        title 5, United States Code; and
            (2) shall be after notice and opportunity for full 
        participation by relevant Federal agencies, State agencies, 
        local governments, regional organizations, authorities, 
        councils, and other interested public and private parties.

                               delegation

    Sec. 412. Except as otherwise provided in this Act, the 
Administrator may delegate any function to such officers and employees 
of the Administration as the Administrator may designate, and may 
authorize such successive redelegations of such functions in the 
Administration as may be necessary or appropriate. No delegation of 
functions by the Administrator under this section or under any other 
provision of this Act shall relieve the Administrator of responsibility 
for the administration of such functions.

                         personnel and services

    Sec. 413. (a) In the performance of the functions of the 
Administrator and in addition to the officers provided for by section 
305, the Administrator is authorized to appoint, transfer, and fix the 
compensation of such officers and employees, including attorneys, as 
may be necessary to carry out the functions of the Administrator and 
the Administration. Except as otherwise provided by law, such officers 
and employees shall be appointed in accordance with the civil service 
laws and compensated in accordance with title 5, United States Code.
    (b) The Administrator is authorized to obtain the services of 
experts and consultants in accordance with section 3109 of title 5, 
United States Code.
    (c) The Administrator is authorized to pay transportation expenses, 
and per diem in lieu of subsistence expenses, in accordance with 
chapter 57 of title 5, United States Code.
    (d) The Administrator is authorized to utilize, on a reimbursable 
basis, the services of personnel of any Federal agency. With the 
approval of the President, the Administrator is authorized to enter 
into cooperative agreements under which members of the Army, Navy, Air 
Force, and Marine Corps may be detailed by the Secretary of the Army, 
the Navy, or the Air Force, as the case may be, to assist the 
Administrator in carrying out the functions of the Administrator. 
Members of the Army, Navy, Air Force, or Marine Corps detailed to carry 
out functions under this section shall carry out such functions to the 
same extent as that to which such members might be lawfully assigned in 
the Department of Defense.
    (e) The Administrator is authorized to appoint such advisory 
committees as may be appropriate for purposes of consultation and 
advice to the Administration in carrying out the functions of the 
Administration.
    (f)(1)(A) The Administrator is authorized to accept voluntary and 
uncompensated services 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 Administrator is authorized to accept volunteer service in 
accordance with the provisions of section 3111 of title 5, United 
States Code.
    (2) The Administrator is authorized to provide for incidental 
expenses, including but not limited to transportation, lodging, and 
subsistence for such volunteers.
    (3) An individual who provides voluntary services under paragraph 
(1)(A) of this subsection shall not be considered a Federal employee 
for any purpose other than for purposes of chapter 81 of title 5, 
United States Code, relating to compensation for work injuries, and 
chapter 171 of title 28, United States Code, relating to tort claims.

                               contracts

    Sec. 414. The Administrator is authorized, without regard to the 
provisions of section 3324 of title 31, United States Code, to enter 
into and perform such contracts, leases, cooperative agreements, or 
other transactions as may be necessary to carry out the functions of 
the Administrator and the Administration. The Administrator may enter 
into such contracts, leases, agreements, and transactions with any 
Federal agency or any instrumentality of the United States, or with any 
State, territory, or possession, or with any political subdivision 
thereof, or with any person, firm, association, corporation, or 
educational institution, on such terms and conditions as the 
Administrator may consider appropriate. The authority of the 
Administrator to enter into contracts and leases under this section 
shall be to such extent or in such amounts as are provided in 
appropriation Acts.

                           use of facilities

    Sec. 415. With their consent, the Administrator may, with or 
without reimbursement, use the services, equipment, personnel, and 
facilities of Federal agencies and other public and private agencies, 
and may cooperate with other public and private agencies and 
instrumentalities in the use of services, equipment, personnel, and 
facilities. The head of each Federal agency shall cooperate fully with 
the Administrator in making the services, equipment, personnel, and 
facilities of the Federal agency available to the Administrator. The 
head of a Federal agency is authorized, notwithstanding any other 
provision of law, to transfer to or to receive from the Administration, 
without reimbursement, supplies and equipment other than administrative 
supplies or equipment.

                            service charges

    Sec. 416. (a) Notwithstanding any other provision of law, the 
Administrator may establish reasonable fees and commissions with 
respect to applications, documents, awards, loans, grants, research 
data, services, and assistance and may change and abolish such fees and 
commissions. Prior to establishing, changing, or abolishing any 
schedule of fees or commissions under this section, the Administrator 
may submit such schedule to the Congress.
    (b) The Administrator is authorized to require a deposit before the 
Administrator provides any item, information, service, or assistance 
for which a fee or commission is required under this section.
    (c) Moneys received under this section shall be deposited with the 
Treasury in a special account for use by the Administrator and are 
authorized to be appropriated and made available until expended.
    (d) In establishing reasonable fees or commissions under this 
section, the Administrator may take into consideration--
            (1) the actual costs which will be incurred in providing 
        items, information, services, or assistance;
            (2) the efficiency of the Government in providing such 
        items, information, services, or assistance;
            (3) the portion of the cost that will be incurred in 
        providing such items, information, services, or assistance 
        which may be attributed to benefits for the general public 
        interest rather than to exclusive benefits for the applicant;
            (4) any public service which occurs through the provision 
        of such items, information, services, or assistance; and
            (5) such other factors as the Administrator considers 
        relevant.
    (e) In any case in which the Administrator 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 Administrator, upon application or otherwise, may cause a 
refund to be made from applicable funds.

                acquisition and maintenance of property

    Sec. 417. (a) The Administrator is authorized--
            (1) to acquire (by purchase, lease, condemnation, or 
        otherwise) construct, improve, repair, operate, and maintain--
                    (A) laboratories;
                    (B) research and testing sites and facilities;
                    (C) quarters and related accommodations for 
                employees and dependents of employees of the 
                Administration; and
                    (D) such other real and personal property 
                (including patents), or any interest therein within and 
                outside the continental United States,
        as the Administrator considers necessary;
            (2) to lease to others such real and personal property; and
            (3) to provide by contract or otherwise for eating 
        facilities and other necessary facilities for the welfare of 
        employees of the Administration at its installations and to 
        purchase and maintain equipment therefor.
    (b) Title to any property or interest therein acquired pursuant to 
this section shall be in the United States.
    (c) The authority granted by subsection (a) of this section shall 
be available only with respect to facilities of a special purpose 
nature that cannot readily be reassigned from similar Federal 
activities and are not otherwise available for assignment to the 
Administration by the Administrator of General Services.
    (d) The authority of the Administrator to enter into contracts and 
leases under this section shall be to such extent or in such amounts as 
are provided in appropriation Acts.

                     facilities at remote locations

    Sec. 418. (a) The Administrator is authorized to provide, 
construct, or maintain for employees and their dependents stationed at 
remote locations as necessary and when not otherwise available at such 
remote locations--
            (1) emergency medical services and supplies;
            (2) food and other subsistence supplies;
            (3) meeting facilities;
            (4) audiovisual equipment, accessories, and supplies for 
        recreation and training;
            (5) reimbursement for food, clothing, medicine, and other 
        supplies furnished by such employees in emergencies for the 
        temporary relief of distressed persons;
            (6) living and working quarters and facilities; and
            (7) transportation for school-age dependents of employees 
        to the nearest appropriate educational facilities.
    (b) The furnishing of medical treatment under paragraph (1) of 
subsection (a) and the furnishing of services and supplies under 
paragraphs (2) and (3) of such subsection shall be at prices reflecting 
reasonable value as determined by the Administrator.
    (c) Proceeds derived from reimbursements under this section shall 
be deposited in the Treasury and may be withdrawn by the Administrator 
to pay directly the cost of work or services provided under this 
section, to repay or make advances to appropriations of funds which do 
or will bear all or a part of such cost, or to refund excess sums when 
necessary, except that such payments may be credited to a service or 
working capital fund otherwise established by law, and used under the 
law governing such funds if the fund is available for use by the 
Administrator for performing the work or services for which payment is 
received.

                         copyrights and patents

    Sec. 419. The Administrator is authorized to acquire any of the 
following described rights if the property acquired thereby is for use 
in, or is useful to, the performance of functions of the Administrator 
or the Administration:
            (1) Copyrights, patents, and applications for patents, 
        designs, processes, specifications, and data.
            (2) Licenses under copyrights, patents, and applications 
        for patents.
            (3) Releases, before an action is brought, for past 
        infringement of patents of copyrights.

                           gifts and bequests

    Sec. 420. The Administrator is authorized to accept, hold, 
administer and utilize gifts, donations, or bequests of property, real 
or personal, tangible or intangible, and contributions of money for 
purposes of aiding or facilitating the work of the Administrator or the 
Administration. For the purposes of Federal income, estate, and gift 
taxes, and State taxes, property accepted under this subsection shall 
be considered a gift or bequest to the United States.

             transfers of funds from other federal agencies

    Sec. 421. The Administrator is authorized to accept transfers from 
other Federal agencies of funds which are available to carry out 
functions transferred by this Act to the Administrator or functions 
assigned by law to the Administrator after the date of enactment of 
this Act.

                          working capital fund

    Sec. 422. (a) The Administrator is authorized to establish for the 
Administration a working capital fund, to be available without fiscal 
year limitation, for expenses necessary for the maintenance and 
operation of such common administrative services as the Administrator 
shall find to be desirable in the interest of economy and efficiency, 
including such services as--
            (1) a central supply service for stationery and other 
        supplies and equipment for which adequate stocks may be 
        maintained to meet in whole or in part the requirements of the 
        Administration and its components;
            (2) central messenger, mail, and telephone service and 
        other communications service;
            (3) office space, central services for document 
        reproduction and for graphics and visual aids; and
            (4) a central library service.
    (b) 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 
assets and inventories on order as the Administrator may transfer to 
the fund, less the related liabilities and unpaid obligations. Such 
funds shall be reimbursed in advance from available funds of agencies 
and offices in the Administration, or from other sources, for supplies 
and services at rates which will approximate the expense of operation, 
including the accrual of annual leave and the depreciation of 
equipment. 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 miscellaneous receipts any surplus of the fund (all 
assets, liabilities, and prior losses considered) above the amounts 
transferred or appropriated to establish and maintain such 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 Administrator determines will be performed.

                         seal of administration

    Sec. 423. The Administrator shall cause a seal of office to be made 
for the Administration of such design as the Administrator shall 
approve. Judicial notice shall be taken of such seal.

                             annual report

    Sec. 424. (a) As soon as is practicable after the close of each 
fiscal year, the Administrator shall submit to the President a report 
on the activities of the Administration during the preceding fiscal 
year. The President shall transmit each such report to the Speaker of 
the House of Representatives and the President pro tempore of the 
Senate not later than December 31 of each year.
    (b) Each Federal agency shall, without charge, provide the 
Administrator with such data and information as the Administrator may 
request to carry out this section. Each Federal agency shall, on a cost 
reimbursable basis, provide the Administrator with such services and 
personnel as the Administrator may request to carry out this section.
    (c)(1) The Administrator is authorized to include in the report 
required by subsection (a) for each fiscal year a report on any program 
or activity carried out by the Administrator during such fiscal year.
    (2) Notwithstanding any other provision of law, the inclusion by 
the Administrator in the report required by subsection (a) for any 
fiscal year of a report on any program or activity carried out by the 
Administrator during such fiscal year shall be considered compliance 
with any requirement established by law or regulation that the 
Administrator prepare a report with respect to the administration of 
such program or activity during all or part of such fiscal year. If the 
Administrator includes in the report required under subsection (a) for 
any fiscal year a report on any program or activity, the Administrator 
shall include in such report all items required to be included in the 
report with respect to such program or activity required to be prepared 
by law or regulation.

              status of administration under certain laws

    Sec. 425. For purposes of section 552b of title 5, United States 
Code, the Administration is an agency. For purposes of chapter 9 of 
such title, the Administration is an independent regulatory agency.

                   salary of assistant administrators

    Sec. 426. Section 5316 of title 5, United States Code (as amended 
by section 271(g) of this Act) is further amended--
            (1) by striking out the items relating to the Assistant 
        Administrator for Coastal Zone Management, National Oceanic and 
        Atmospheric Administration, the Assistant Administrator for 
        Fisheries, National Oceanic and Atmospheric Administration, and 
        the Assistant Administrators, National Oceanic and Atmospheric 
        Administration; and
            (2) by adding at the end thereof the following:
            ``Assistant Administrators, National Oceanic and 
        Atmospheric Administration.''.

                  coordination of environmental policy

    Sec. 427. The Administration shall consult and coordinate 
environmental policy with the Council on Environmental Quality of the 
Executive Office of the President.

              TITLE V--TRANSFERS TO OTHER FEDERAL AGENCIES

              Part A--Minority Business Development Agency

             transfers to the small business administration

    Sec. 501. (a)(1) There are transferred to the Administrator of the 
Small Business Administration all functions of the Secretary of 
Commerce or the Department of Commerce with respect to or being 
administered through the Minority Business Development Agency of the 
Department of Commerce or the Director of such Agency.
    (2) There are transferred to the Administrator of the Small 
Business Administration all functions of the Minority Business 
Development Agency of the Department of Commerce and the Director of 
such Agency.
    (b) The Minority Business Development Agency of the Department of 
Commerce is transferred to the Small Business Administration.

administrative provisions relating to the minority business development 
                                 agency

    Sec. 502. (a) The Minority Business Development Agency shall be a 
separate identifiable unit in the Small Business Administration.
    (b) The Administrator of the Small Business Administration, through 
the Director of the Minority Business Development Agency, shall perform 
all functions (other than administrative and support functions) 
transferred to such Administrator by section 501.

  conforming amendments relating to the minority business development 
                                 agency

    Sec. 503. (a) Section 5316 of title 5, United States Code (as 
amended by this Act) is further amended by inserting after the item 
relating to the Associate Administrators of the Small Business 
Administration the following:
            ``Director, Minority Business Development Agency, Small 
        Business Administration.''.
    (b) Section 9(a)(1)(T) of the Inspector General Act of 1978 (as 
redesignated by section 271(h)(3) of this Act) is amended to read as 
follows:
                    ``(T) of the Small Business Administration--
                            ``(i) the office of that agency referred to 
                        as the `Office of Audits and Investigations'; 
                        and
                            ``(ii) all functions of the Inspector 
                        General of the Department of Commerce and the 
                        Office of the Inspector General of such 
                        Department relating to the functions 
                        transferred to the Administrator of the Small 
                        Business Administration by section 501 of the 
                        Trade Reorganization Act of 1992; and''.

Part B--Transfer of the Bureau of the Census to the Department of Labor

                               transfers

    Sec. 511. (a) All functions of the Secretary of Commerce being 
administered through the individual holding the office of Director of 
the Census on the day before the effective date of this Act are 
transferred to the Director of the Census appointed under section 21 of 
title 13, United States Code, as amended by section 512(e) of this Act.
    (b) All functions of the Secretary of Commerce with respect to the 
Bureau of the Census or the Director of the Census are transferred to 
the Secretary of Labor.
    (c) The Bureau of the Census of the Department of Commerce is 
transferred to the Bureau of the Census of the Department of Labor 
established by section 3 of title 13, United States Code, as amended by 
section 512(d) of this Act.
    (d) There are transferred to the Director of the Census appointed 
under section 21 of title 13, United States Code (as amended by section 
512(e) of this Act) all functions of the Inspector General of the 
Department of Commerce or of the Office of the Inspector General of the 
Department of Commerce relating to the agency and functions transferred 
by subsections (a), (b), and (c) of this section.

              establishment within the department of labor

    Sec. 512. (a)(1) Section 4 of title 13, United States Code, is 
repealed.
    (2) Sections 1, 2, and 3 of such title are redesignated as sections 
2, 3, and 4, respectively.
    (b) Title 13, United States Code, is amended by inserting before 
section 2 (as redesignated by subsection (a)(2) of this section) the 
following new section:
``Sec. 1. Purpose
    ``The purpose of this chapter is to establish the Bureau of the 
Census within the Department of Labor due to the importance of the 
functions of the Bureau in providing statistical information to all 
agencies of the United States Government and to the people of the 
United States.''.
    (c) Section 2 of such title (as redesignated by subsection (a)(2) 
of this section), is amended by striking out clause (2) and inserting 
in lieu thereof the following:
            ``(2) `Director' means the Director of the Census appointed 
        under section 21 of this title; and''.
    (d) Section 3 of such title (as redesignated by subsection (a)(2) 
of this section), is amended to read as follows:
``Sec. 3. Establishment
    ``There is established the Bureau of the Census within the 
Department of Labor. The Bureau shall be administered by the 
Director.''.
    (e) Section 21 of such title is amended to read as follows:
``Sec. 21. Director of the Census; powers and duties
    ``(a) The Bureau shall be headed by a Director of the Census, who 
shall be appointed by the President, by and with the advice and consent 
of the Senate.
    ``(b) The Director may prescribe such policies, standards, 
criteria, procedures, rules, and regulations as the Director finds 
necessary or appropriate to carry out the functions of the Director.
    ``(c) The Director may organize the Bureau as the Director finds 
necessary or appropriate.
    ``(d) Except as otherwise expressly provided by law, the Director 
may delegate any of the functions of the Director to such officers and 
employees of the Bureau as the Director may designate, and may 
authorize such successive redelegations of such functions as may be 
necessary or appropriate. A delegation of functions by the Director 
shall not relieve the Director of responsibility for the administration 
of such functions.
    ``(e) The Director is authorized to obtain the services of experts 
and consultants as authorized by section 3109 of title 5 of the United 
States Code, at rates not to exceed $100 per day for individuals unless 
otherwise specified in an appropriation Act.
    ``(f) The Director is authorized to appoint, without regard to the 
classification and civil service laws, advisory committees to advise 
the Director with respect to any function of the Director or the 
Bureau.
    ``(g) The Director shall consult with interested Federal agencies 
with a view to obtaining their advice and assistance in carrying out 
the purposes of this title. Each Federal agency is authorized to 
furnish to the Director, upon request of the Director, any information 
or other data which the Director finds necessary to carry out his 
duties.
    ``(h) If authorized by the Director, officers and employees of the 
Bureau are empowered, while engaged in the performance of their duties, 
to administer oaths.''.
    (f) The table of sections for chapter 1 of title 13, United States 
Code, is amended--
            (1) by redesignating the items relating to sections 1, 2, 
        and 3 as the items relating to sections 2, 3, and 4, 
        respectively; and
            (2) by inserting before the item relating to section 2 (as 
        redesignated by clause (1) of this subsection) the following 
        new item:

``1. Purpose.''.
            (3) by inserting ``powers and'' before ``duties'' in the 
        item relating to section 21.
    (g) Title 13, United States Code, is amended by striking out 
``Department of Commerce'' each place it appears and inserting in lieu 
thereof ``Department of Labor''.

                  report to the president and congress

    Sec. 513. Within 180 days after the effective date of this Act, the 
Secretary of Labor shall prepare and transmit to the President and the 
Congress a report containing recommendations for streamlining or 
integrating the Bureau of the Census and the Bureau of Labor Statistics 
within the Department of Labor in order to improve the efficiency and 
effectiveness of the Government's statistical collection activities.

       conforming amendments relating to the bureau of the census

    Sec. 514. (a) Section 5314 of title 5, United States Code (as 
amended by this Act) is further amended by adding at the end thereof 
the following:
            ``Director of the Census.''.
    (b) Section 5316 of title 5, United States Code (as amended by this 
Act) is further amended by striking out the item relating to the 
Director, Bureau of the Census, Department of Commerce and inserting in 
lieu thereof ``Director of the Bureau of the Census, Department of 
Labor''.

       TITLE VI--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

                          additional transfers

    Sec. 601. Any function of the Secretary of Commerce or the 
Department of Commerce which--
            (1) is not transferred by titles II, III, IV, or V of this 
        Act; and
            (2) is incidental to, necessary for, or primarily related 
        to, the performance of a function transferred by any such 
        title,
is transferred to the head of the Federal agency to which the related 
function is transferred by such title.

        transfer and allocations of appropriations and personnel

    Sec. 602. Except as otherwise provided in this Act, the personnel 
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 offices are 
transferred by this Act. Unexpended funds transferred pursuant to this 
section shall be used only for the purposes for which the funds were 
originally authorized and appropriated.

                          incidental transfers

    Sec. 603. (a) The Director of the Office of Management and Budget, 
at such time or times as the Director shall provide, is authorized to 
make such determinations as may be necessary with regard to the 
functions and offices transferred by this Act, and to make such 
additional incidental 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 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) After consultation with the Director of the Office of Personnel 
Management, 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 
Service in connection with the functions and offices transferred by 
this Act.

                          effect on personnel

    Sec. 604. (a) Except as otherwise provided by this Act, the 
transfer pursuant to this Act of full-time personnel (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 one year after the date of transfer of 
such employee under this Act.
    (b) Any person who, on the day preceding the effective date of this 
Act, held a position compensated in accordance with the Executive 
Schedule prescribed in chapter 53 of title 5, United States Code, and 
who, without a break in service, is appointed in a Federal agency to 
which functions are transferred by this Act to a position having duties 
comparable to the duties performed immediately preceding such 
appointment shall continue to be compensated in such new position at 
not less than the rate provided for such previous position, for the 
duration of the service of such person in such new position.
    (c) Except for members of the Foreign 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.

                           savings provisions

    Sec. 605. (a) All orders, determinations, rules, regulations, 
permits, agreements, grants, contracts, certificates, licenses, 
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 functions 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 Federal 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)(1) The provisions of this Act shall not affect any proceedings, 
including 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 Department 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 proceedings shall continue in effect until modified, 
terminated, 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 discontinuance 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 agency to which functions 
are transferred by this Act are authorized to issue regulations 
providing for the orderly transfer of proceedings continued under 
paragraph (1).
    (c) Except as provided in subsection (e)--
            (1) the provisions of this Act do not affect actions 
        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 enacted.
    (d) 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 Representative 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 Commerce 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 asserted 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) 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 capacity, is a 
party to an action, and under this Act any function 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) 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 United States Trade Representative, or 
any office or officer thereof, in the exercise of such functions 
immediately preceding their transfer. Any statutory requirements 
relating to notice, hearings, action upon the record, or administrative 
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 transferred by this Act.

                              separability

    Sec. 606. If a provision of this Act or its application to any 
person or circumstance is held invalid, neither the remainder of this 
Act nor the application of the provision to other persons or 
circumstances shall be affected.

                               reference

    Sec. 607. 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 officer or office thereof,
shall be considered to refer to the head of the Federal agency to whom 
such functions were transferred by this Act.

                               transition

    Sec. 608. 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 utilize--
            (1) the services of such officers, employees, and other 
        personnel of the Department of Commerce or the Office of the 
        United States Trade Representative, 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 offices for 
        such period of time as may reasonably be needed to facilitate 
        the orderly implementation of this Act.

                    additional conforming amendments

    Sec. 609. (a) After consultation with the appropriate committees of 
the Congress and the Director of the Office of Management and Budget, 
the head of each agency to which functions were transferred under this 
Act shall prepare and submit to the Congress recommended legislation 
containing technical and conforming amendments to reflect the changes 
made by this Act.
    (b) No later than 6 months after the effective date of this title, 
each such agency head shall submit the recommended legislation referred 
to under subsection (a).

               termination of the department of commerce

    Sec. 610. The Department of Commerce is terminated.

                        TITLE VII--MISCELLANEOUS

                             effective date

    Sec. 701. (a) This Act shall take effect 120 days after the date of 
enactment, except that--
            (1) section 608 shall take effect on the date of enactment; 
        and
            (2) at any time after the date of enactment of this Act--
                    (A) the officers provided for in titles II, III, 
                IV, V, and VI of this Act may be nominated and 
                appointed, as provided in such titles; 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 regulations under section 605(b)(2).
    (b) 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 functions 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 appointed 
under subsection (a)(2)(A) who will carry out such functions until 
funds for that purpose are otherwise available.

                          interim appointments

    Sec. 702. (a) 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) Any officer acting in an office pursuant to subsection (a) 
shall receive compensation at the rate prescribed by this Act for such 
office.

     personnel and funding reductions resulting from reorganization

    Sec. 703. No later than 180 days after the date of the enactment 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 
provisions of this Act to reduce duplicative or unnecessary functions. 
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 1 year after the effective 
date of this Act.

                    authorization of appropriations

    Sec. 704. 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.

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