[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2124 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2124

   To enhance the competitiveness of the United States in the global 
     economy through the establishment of the United States Trade 
Administration as an independent establishment in the executive branch 
                           of the Government.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 1995

   Mr. Mica (for himself, Mr. Chrysler, Mr. Rogers, Mr. Gilman, Mr. 
   Clinger, Mr. Roth, Mr. Manzullo, and Mr. Portman) introduced the 
following bill; which was referred to the Committee on Ways and Means, 
 and in addition to the Committees on International Relations, Banking 
  and Financial Services, and Government Reform and Oversight, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
   To enhance the competitiveness of the United States in the global 
     economy through the establishment of the United States Trade 
Administration as an independent establishment in the executive branch 
                           of the Government.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Trade Reorganization Act of 1995''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                      TITLE I--GENERAL PROVISIONS

Sec. 101. Findings.
Sec. 102. Definitions.
              TITLE II--UNITED STATES TRADE ADMINISTRATION

                       Subtitle A--Establishment

Sec. 201. Establishment of the Administration.
Sec. 202. Functions of the USTR.
                          Subtitle B--Officers

Sec. 211. Deputy Administrator of the United States Trade 
                            Administration.
Sec. 212. Deputy United States Trade Representatives.
Sec. 213. Assistant Administrators.
Sec. 214. Director General for Export Promotion.
Sec. 215. General Counsel.
Sec. 216. Inspector General.
Sec. 217. Chief Financial Officer.
              Subtitle C--Transfers to the Administration

Sec. 221. Office of the United States Trade Representative.
Sec. 222. Transfers from the Department of Commerce.
Sec. 223. Trade and Development Agency.
                 Subtitle D--Administrative Provisions

Sec. 231. Personnel provisions.
Sec. 232. Delegation and assignment.
Sec. 233. Succession.
Sec. 234. Reorganization.
Sec. 235. Rules.
Sec. 236. Funds transfer.
Sec. 237. Contracts, grants, and cooperative agreements.
Sec. 238. Use of facilities.
Sec. 239. Gifts and bequests.
Sec. 240. Working Capital Fund.
Sec. 241. Service charges.
Sec. 242. Professional Trade Service Corps.
Sec. 243. Seal of Department.
                      Subtitle E--Related Agencies

Sec. 251. Interagency Trade Organization.
Sec. 252. National Security Council.
Sec. 253. International Monetary Fund.
Sec. 254. General Services Administration.
Sec. 255. National Endowment for the Humanities.
                   Subtitle F--Conforming Amendments

Sec. 261. Amendments to general provisions.
Sec. 262. Repeals.
Sec. 263. Conforming amendments relating to Executive Schedule 
                            positions.
      TITLE III--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

Sec. 301. Additional transfers.
Sec. 302. Transfer and allocations of appropriations and personnel.
Sec. 303. Incidental transfers.
Sec. 304. Effect on personnel.
Sec. 305. Savings provisions.
Sec. 306. Severability.
Sec. 307. Reference.
Sec. 308. Transition.
Sec. 309. Additional conforming amendments.
                        TITLE IV--MISCELLANEOUS

Sec. 401. Effective date.
Sec. 402. Interim appointments.
Sec. 403. Personnel and funding reductions resulting from 
                            reorganization.
Sec. 404. Authorization of appropriations.
                      TITLE I--GENERAL PROVISIONS

SEC. 101. FINDINGS.

    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 trade barriers to sales and investments 
                by such businesses;
                    (B) promote American goods and services in foreign 
                countries and encourage aggressive participation by the 
                private sector in the international marketplace; and
                    (C) promote and maintain an international trade 
                system that establishes open, transparent, and fair 
                trade rules and leads to the expansion of United States 
                trade;
            (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) effective and efficient Government action with respect 
        to international trade further requires the employment 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;
            (8) the present organizational structure of Government 
        administration of international trade activities is too diffuse 
        and leads to inconsistent and conflicting policies and actions;
            (9) 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;
            (10) United States performance in international trade is 
        fundamentally linked to the competitiveness of American 
        industry in the world economy;
            (11) 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;
            (12) 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;
            (13) the consolidation of Government functions relating to 
        international trade, including functions relating to technical 
        analysis, policymaking, international negotiation, and 
        operational responsibilities, into the United States Trade 
        Administration shall provide the needed elevation and 
        coordination of Government activity in international trade;
            (14) 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;
            (15) 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;
            (16) establishing a decisive and unified trade policy has 
        become a number one priority of the United States;
            (17) 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;
            (18) 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
            (19) the economic well-being of the American people will be 
        substantially enhanced through the establishment of the United 
        States Trade Administration.

SEC. 102. DEFINITIONS.

    For purposes of this Act, unless otherwise provided or indicated by 
the context--
            (1) the term ``Administration'' means the United States 
        Trade Administration;
            (2) the term ``Federal agency'' has the meaning given to 
        the term ``agency'' by section 551(1) of title 5, United States 
        Code;
            (3) the term ``function'' means any duty, obligation, 
        power, authority, responsibility, right, privilege, activity, 
        or program;
            (4) the term ``office'' includes any office, 
        administration, agency, institute, unit, organizational entity, 
        or component thereof; and
            (5) the term ``USTR'' means the United States Trade 
        Representative as provided for under section 201.
              TITLE II--UNITED STATES TRADE ADMINISTRATION

                       Subtitle A--Establishment

SEC. 201. ESTABLISHMENT OF THE ADMINISTRATION.

    (a) In General.--There is established the United States Trade 
Administration which shall be an independent establishment in the 
executive branch of Government as defined under section 104 of title 5, 
United States Code. The United States Trade Representative shall be the 
Administrator of the United States Trade Administration and shall be 
appointed by the President, by and with the advice and consent of the 
Senate.
    (b) Ambassador Status.--The USTR shall have the rank and status of 
Ambassador and shall represent the United States in all trade 
negotiations conducted by the Administration.

SEC. 202. FUNCTIONS OF THE USTR.

    (a) In General.--In addition to the functions transferred to the 
USTR by this Act, such other functions as the President may assign or 
delegate to the USTR, and such other functions as the USTR may, after 
the effective date of this Act, be required to carry out by law, the 
USTR 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 Administration;
            (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) enforce the laws of the United States relating to 
        trade;
            (9) analyze economic trends and developments;
            (10) report directly to the Congress--
                    (A) on the administration of, and matters 
                pertaining to, the trade agreements program under the 
                Omnibus Trade and Competitiveness Act of 1988, the 
                Trade Act of 1974, the Trade Expansion Act of 1962, 
                section 350 of the Tariff Act of 1930, and any other 
                provision of law enacted after this Act; and
                    (B) with respect to other important issues 
                pertaining to international trade;
            (11) keep each official adviser to the United States 
        delegations to international conferences, meetings, and 
        negotiation sessions relating to trade agreements who is 
        appointed from the Committee on Finance of the Senate or the 
        Committee on Ways and Means of the House of Representatives 
        under section 161 of the Trade Act of 1974 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 USTR may recommend 
        to the Congress to carry out any trade agreement;
            (12) 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;
            (13) serve as the principal advisor to the President on 
        government policies designed to contribute to enhancing the 
        ability of United States industry and services to compete in 
        international markets;
            (14) develop recommendations for national strategies and 
        specific policies intended to enhance the productivity and 
        international competitiveness of United States industries;
            (15) serve as the principal advisor to the President in 
        identifying and assessing the consequences
         of any Government policies that adversely affect, or have the 
potential to adversely affect, the international competitiveness of 
United States industries and services; and
            (16) promote cooperation between business, labor, and 
        Government to improve industrial performance and the ability of 
        United States 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 and the performance and prospects of 
        foreign competitors.
    (b) Interagency Organization.--The USTR shall be the chairperson of 
the interagency organization established under section 242 of the Trade 
Expansion Act of 1962.
    (c) National Security Council.--The USTR shall be a member of the 
National Security Council.
    (d) Advisory Council.--The USTR shall be Deputy Chairman of the 
National Advisory Council on International Monetary and Financial 
Policies established under Executive Order 11269, issued February 14, 
1966.
    (e) Agriculture.--(1) The USTR shall consult with the Secretary of 
Agriculture or the designee of the Secretary of Agriculture on all 
matters that potentially involve international trade in agricultural 
products.
    (2) If an international meeting for negotiation or consultation 
includes discussion of international trade in agricultural products, 
the USTR or the designee of the USTR shall be Chairman of the United 
States delegation to such meeting and the Secretary of Agriculture or 
the designee of such Secretary shall be Vice Chairman. The provisions 
of this paragraph shall not limit the authority of the USTR under 
subsection (h) to assign to the Secretary of Agriculture responsibility 
for the conduct of, or participation in, any trade negotiation or 
meeting.
    (f) Trade Promotion.--The USTR shall be the chairperson of the 
Trade Promotion Coordinating Committee.
    (g) National Economic Council.--The USTR shall be a member of the 
National Economic Council established under Executive Order No. 12835, 
issued January 25, 1993.
    (h) International Trade Negotiations.--Except where expressly 
prohibited by law, the USTR, at the request or with the concurrence of 
the head of any other Federal agency, may assign the responsibility for 
conducting or participating in any specific international trade 
negotiation or meeting to the head of such agency whenever the USTR 
determines that the subject matter of such international trade 
negotiation is related to the functions carried out by such agency.

                          Subtitle B--Officers
SEC. 211. DEPUTY ADMINISTRATOR OF THE UNITED STATES TRADE 
              ADMINISTRATION.

    (a) Establishment.--There shall be in the Administration the Deputy 
Administrator of the United States Trade Administration, who shall be 
appointed by the President, by and with the advice and consent of the 
Senate.
    (b) Absence, Disability, or Vacancy of USTR.--The Deputy 
Administrator of the United States Trade Administration shall act for 
and exercise the functions of the USTR during the absence or disability 
of the USTR or in the event the office of the USTR becomes vacant. The 
Deputy Administrator of the United States Trade Administration shall 
act for and exercise the functions of the USTR until the absence or 
disability of the USTR no longer exists or a successor to the USTR has 
been appointed by the President and confirmed by the Senate.
    (c) Functions of Deputy Administrator of the United States Trade 
Administration.--The Deputy Administrator of the United States Trade 
Administration shall exercise all functions, under the direction of the 
USTR, transferred to or established in the Administration, except those 
functions exercised by the Deputy United States Trade Representatives, 
the Inspector General, and the General Counsel of the Administration, 
as provided by this Act.

SEC. 212. DEPUTY UNITED STATES TRADE REPRESENTATIVES.

    (a) Establishment.--There shall be in the Administration 2 Deputy 
United States Trade Representatives, who shall be appointed by the 
President, by and with the advice and consent of the Senate. The Deputy 
United States Trade Representatives shall exercise all functions under 
the direction of the USTR, and shall include--
            (1) the Deputy United States Trade Representative for 
        Negotiations; and
            (2) the Deputy United States Trade Representative to the 
        World Trade Organization.
    (b) Functions of Deputy United States Trade Representatives.--(1) 
The Deputy United States Trade Representative for Negotiations shall 
exercise all functions transferred under section 221 and shall have the 
rank and status of Ambassador.
    (2) The Deputy United States Trade Representative to the World 
Trade Organization shall exercise all functions relating to 
representation to the World Trade Organization and shall have the rank 
and status of Ambassador.

SEC. 213. ASSISTANT ADMINISTRATORS.

    (a) Establishment.--There shall be in the Administration 3 
Assistant Administrators, who shall be appointed by the President, by 
and with the advice and consent of the Senate. The Assistant 
Administrators shall exercise all functions under the direction of the 
Deputy Administrator of the United States Trade Administration and 
include--
            (1) the Assistant Administrator for Export Administration;
            (2) the Assistant Administrator for Import Administration; 
        and
            (3) the Assistant Administrator for Trade and Policy 
        Analysis.
    (b) Functions of Assistant Administrators.--(1) The Assistant 
Administrator for Export Administration shall exercise all functions 
transferred under section 222(1)(C).
    (2) The Assistant Administrator for Import Administration shall 
exercise all functions transferred under section 222(1)(D).
    (3) The Assistant Administrator for Trade and Policy Analysis shall 
exercise all functions transferred under section 222(1)(B) and all 
functions transferred under section 222(2).

SEC. 214. DIRECTOR GENERAL FOR EXPORT PROMOTION.

    (a) Establishment.--There shall be a Director General for Export 
Promotion, who shall be appointed by the President, by and with the 
advice and consent of the Senate.
    (b) Functions.--The Director General for Export Promotion shall 
exercise, under the direction of the USTR, all functions transferred 
under sections 222(1)(A) (relating to functions of the United States 
and Foreign Commercial Service performed in foreign nations) and 223 
and shall have the rank and status of Ambassador.

SEC. 215. GENERAL COUNSEL.

    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 provide legal assistance to the 
USTR concerning the activities, programs, and policies of the 
Administration.

SEC. 216. INSPECTOR GENERAL.

    There shall be in the Administration an Inspector General who shall 
be appointed in accordance with the Inspector General Act of 1978, as 
amended by section 261(b) of this Act.

SEC. 217. CHIEF FINANCIAL OFFICER.

    There shall be in the Administration a Chief Financial Officer who 
shall be appointed in accordance with section 901 of title 31, United 
States Code, as amended by section 261(e) of this Act. The Chief 
Financial Officer shall perform all functions prescribed by the Deputy 
Administrator of the United States Trade Administration, under the 
direction of the Deputy Administrator.

              Subtitle C--Transfers to the Administration

SEC. 221. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE.

    There are transferred to the USTR of the United States Trade 
Administration all functions of the United States Trade Representative 
and the Office of the United States Trade Representative in the 
Executive Office of the President and all functions of any officer or 
employee of such Office.

SEC. 222. TRANSFERS FROM THE DEPARTMENT OF COMMERCE.

    There are transferred to the USTR the following functions:
            (1) 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, and the Director General of the 
                United States and Foreign Commercial Service, relating 
                to all functions exercised by the Service in foreign 
                nations.
                    (B) The Assistant Secretary of Commerce for 
                International Economic Policy and the Assistant 
                Secretary of Commerce for Trade Development.
                    (C) The Under Secretary of Commerce for Export 
                Administration.
                    (D) The Assistant Secretary of Commerce for Import 
                Administration.
            (2) All functions of the Secretary of Commerce relating to 
        the National Trade Data Bank.

SEC. 223. TRADE AND DEVELOPMENT AGENCY.

    There are transferred to the USTR all functions of the Director of 
the Trade and Development Agency. There are transferred to the 
Administration all functions of the Trade and Development Agency.
                 Subtitle D--Administrative Provisions

SEC. 231. PERSONNEL PROVISIONS.

    (a) Appointments.--The USTR 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 USTR and the Administration. Except as otherwise 
provided by law, such officers and employees shall be appointed in 
accordance with the civil service laws and their compensation fixed in 
accordance with title 5, United States Code.
    (b) Positions Above GS-15.--(1) At the request of the USTR, the 
Director of the Office of Personnel 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 Administration 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) Experts and Consultants.--The USTR 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 USTR may pay experts and 
consultants who are serving away from their homes or regular place of 
business travel expenses and per diem in lieu of subsistence at rates 
authorized by sections 5702 and 5703 of such title for persons in 
Government service employed intermittently.
    (d) Voluntary Services.--(1)(A) The USTR is authorized to accept 
voluntary and uncompensated 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 USTR is authorized to accept volunteer service in 
accordance with the provisions of section 3111 of title 5, United 
States Code.
    (2) The USTR is authorized to provide for incidental expenses, 
including but not limited to transportation, 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) Foreign Service Positions.--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 Administration, with the concurrence of the 
USTR, to such positions in nations which are major trade competitors of 
the United States. The Secretary of State shall obtain and use the 
recommendations of the USTR with respect to the number of positions to 
be so classified under this subsection.
SEC. 232. DELEGATION AND ASSIGNMENT.

    Except where otherwise expressly prohibited by law or otherwise 
provided by this Act, the USTR may delegate any of the functions 
transferred to the USTR by this Act and any function transferred or 
granted to the USTR after the effective date of this Act to such 
officers and employees of the Administration as the USTR may designate, 
and may authorize successive redelegations of such functions as may be 
necessary or appropriate. No delegation of functions by the USTR under 
this section or under any other provision of this Act shall relieve the 
USTR of responsibility for the administration of such functions.

SEC. 233. SUCCESSION.

    (a) Order of Succession.--Subject to the authority of the 
President, and except as provided in section 211(b), the USTR shall 
prescribe the order by which officers of the Administration who are 
appointed by the President, by and with the advice and consent of the 
Senate, shall act for, and perform the functions of, the USTR or any 
other officer of the Administration appointed by the President, by and 
with the advice and consent of the Senate, during the absence or 
disability of the USTR or such other officer, or in the event of a 
vacancy in the office of the USTR or such other officer.
    (b) Continuation.--Notwithstanding any other provision of law, and 
unless the President directs otherwise, an individual acting for the 
USTR or another officer of the Administration pursuant to subsection 
(a) shall continue to serve in that capacity until the absence or 
disability of the USTR or such other officer no longer exists or a 
successor to the USTR or such other officer has been appointed by the 
President and confirmed by the Senate.

SEC. 234. REORGANIZATION.

    (a) In General.--Subject to subsection (b), the USTR is authorized 
to allocate or reallocate functions among the officers of the 
Administration, and to establish, consolidate, alter, or discontinue 
such organizational entities in the Administration as may be necessary 
or appropriate.
    (b) Exception.--The USTR may not exercise the authority under 
subsection (a) to establish, consolidate,
 alter, or discontinue any organizational entity in the Administration 
or allocate or reallocate any function of an officer or employee of the 
Administration that is inconsistent with any specific provision of this 
Act.

SEC. 235. RULES.

    The USTR is authorized to prescribe, in accordance with the 
provisions of chapters 5 and 6 of title 5, United States Code, such 
rules and regulations as the USTR determines necessary or appropriate 
to administer and manage the functions of the USTR or the 
Administration.

SEC. 236. FUNDS TRANSFER.

    The USTR may, when authorized in an appropriation Act in any fiscal 
year, transfer funds from one appropriation to another within the 
Administration, except that no appropriation for any fiscal year shall 
be either increased or decreased by more than 10 percent and no such 
transfer shall result in increasing any such appropriation above the 
amount authorized to be appropriated therefor.

SEC. 237. CONTRACTS, GRANTS, AND COOPERATIVE AGREEMENTS.

    (a) In General.--Subject to the provisions of the Federal Property 
and Administrative Services Act of 1949, the USTR may make, enter into, 
and perform such contracts, leases, cooperative agreements, grants, or 
other similar transactions with public agencies, private 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 USTR considers necessary or appropriate to carry out the functions 
of the USTR or the Administration.
    (b) Exception.--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 239.

SEC. 238. USE OF FACILITIES.

    (a) Use by USTR.--With their consent, the USTR, with or without 
reimbursement, may use the research, services, equipment, and 
facilities of--
            (1) an individual,
            (2) any public or private nonprofit agency or organization, 
        including any agency or 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 USTR or the Administration.
    (b) Use of USTR Facilities.--The USTR, under terms, at rates, and 
for periods that the USTR considers to be in the public interest, may 
permit the use by public and private agencies, corporations, 
associations or other organizations, or individuals, of any real 
property, or any facility, structure or other improvement thereon, 
under the custody of the USTR. The USTR 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.

SEC. 239. GIFTS AND BEQUESTS.

    (a) In General.--The USTR 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 
Administration. 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 USTR. Property accepted pursuant to this subsection, and 
the proceeds thereof, shall be used as nearly as possible in accordance 
with the terms of the gift or bequest.
    (b) Tax Treatment.--For the purpose of Federal income, estate, and 
gift taxes, and State taxes, property accepted under subsection (a) 
shall be considered a gift or bequest to or for the use of the United 
States.
    (c) Investment.--Upon the request of the USTR, the Secretary of the 
Treasury may invest and reinvest in securities of the United States or 
in securities guaranteed as to principal and interest by the United 
States any moneys contained in the fund provided for in subsection (a). 
Income accruing from such securities, and from any other property held 
by the USTR pursuant to subsection (a), shall be deposited to the 
credit of the fund, and shall be disbursed upon order of the USTR.

SEC. 240. WORKING CAPITAL FUND.

    (a) Establishment.--The USTR is authorized to establish for the 
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 USTR 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 Administration and its components;
            (2) central messenger, mail, and telephone service and 
        other communications services;
            (3) office space and central services for document 
        reproduction and for graphics and visual aids;
            (4) a central library service; and
            (5) such other services as may be approved by the Director 
        of the Office of Management and Budget.
    (b) Operation of Fund.--The capital of the fund shall consist of 
any appropriations made for the purpose of providing working capital 
and the fair and reasonable value of such stocks of supplies, 
equipment, and other assets and inventories on order as the USTR 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 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 
the fund. There shall be transferred to the fund the stocks of 
supplies, equipment, other assets, liabilities, and unpaid obligations 
relating to those services which the USTR determines will be performed.

SEC. 241. SERVICE CHARGES.

    (a) Authority.--Notwithstanding any other provision of law, the 
USTR may establish reasonable fees and commissions with respect to 
applications, documents, awards, loans, grants, research data, 
services, and assistance administered by the Administration, and the 
USTR may change and abolish such fees and commissions. Before 
establishing, changing, or abolishing any schedule of fees or 
commissions under this section, the USTR may submit such schedule to 
the Congress.
    (b) Deposits.--The USTR is authorized to require a deposit before 
the USTR provides any item, information, service, or assistance for 
which a fee or commission is required under this section.
    (c) Deposit of Moneys.--Moneys received under this section shall be 
deposited in the Treasury in a special account for use by the USTR and 
are authorized to be appropriated and made available until expended.
    (d) Factors in Establishing Fees and Commissions.--In establishing 
reasonable fees or commissions under this section, the USTR may take 
into account--
            (1) the actual costs which will be incurred in providing 
        the items, information, services, or assistance concerned;
            (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 
        rather than exclusively for the person to whom the items, 
        information, services, or assistance is provided;
            (4) any public service which occurs through the provision 
        of such items, information, services, or assistance; and
            (5) such other factors as the USTR considers appropriate.
    (e) Refunds of Excess Payments.--In any case in which the USTR 
determines that any person has made a payment which is not required 
under this section or has made a payment which is in excess of the 
amount required under this section, the USTR, upon application or 
otherwise, may cause a refund to be made from applicable funds.

SEC. 242. PROFESSIONAL TRADE SERVICE CORPS.

    Within 180 days after the effective date of this Act, the USTR 
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 proposal for the 
Corps shall contain provisions for--
            (1) the advancement and retention of personnel on a 
        competitive basis;
            (2) the designation of senior positions in the Corps in 
        order that personnel employed in the Corps may advance in 
        careers relating to international trade; and
            (3) the transfer of personnel between the Corps and the 
        Foreign Service in order that such personnel may be employed in 
        foreign and domestic service.
SEC. 243. SEAL OF DEPARTMENT.

    The USTR shall cause a seal of office to be made for the 
Administration of such design as the USTR shall approve. Judicial 
notice shall be taken of such seal.
                      Subtitle E--Related Agencies

SEC. 251. INTERAGENCY TRADE ORGANIZATION.

    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 United States Trade Representative, who 
                shall be the chairperson,
                    ``(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 United States Trade 
                Representative shall designate.
            ``(B) The United States Trade Representative 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 chairperson shall direct.''.

SEC. 252. NATIONAL SECURITY COUNCIL.

    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 United States Trade Representative;''.

SEC. 253. INTERNATIONAL MONETARY FUND.

    Section 3 of the Bretton Woods Agreement Act is amended by adding 
at the end the following new subsection:
    ``(e) The United States executive director of the Fund shall 
consult with the United States Trade Representative with respect to 
matters under consideration by the Fund which relate to trade.''.

                   Subtitle G--Conforming Amendments

SEC. 261. AMENDMENTS TO GENERAL PROVISIONS.

    (a) Presidential Succession.--Section 19(d)(1) of title 3, United 
States Code, is amended by inserting ``the United States Trade 
Representative,'' after ``Secretary of Commerce,''.
    (b) Inspector General.--The Inspector General Act of 1978 is 
amended--
            (1) in subsection 9(a)(1) by inserting after subparagraph 
        (W) the following:
                    ``(X) of the United States Trade Representative, 
                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 United States Trade 
                Representative by section 222 of the Trade 
                Reorganization Act of 1995.''; and
            (2) in section 11--
                    (A) in paragraph (1) by inserting ``the United 
                States Trade Representative;'' after ``the Attorney 
                General;''; and
                    (B) in paragraph (2) by inserting ``the United 
                States Trade Administration,'' after ``Treasury;''.
    (c) Amendment to the Trade Act of 1974.--(1) Chapter 4 of title I 
of the Trade Act of 1974 is amended to read as follows:

           ``CHAPTER 4--REPRESENTATION IN TRADE NEGOTIATIONS

``SEC. 141. FUNCTIONS OF THE UNITED STATES TRADE REPRESENTATIVE.

    ``The United States Trade Representative of the United States Trade 
Administration established under section 201 of the Trade 
Reorganization Act of 1995 shall--
            ``(1) be the chief representative of the United States for 
        each trade negotiation under this title or chapter 1 of title 
        III of this Act, or subtitle A of title I of the Omnibus Trade 
        and Competitiveness Act of 1988, or any other provision of law 
        enacted after the Trade Reorganization Act of 1995;
            ``(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, section 350 of the Tariff Act of 1930, 
        and any other provision of law enacted after the Trade 
        Reorganization Act of 1995;
            ``(3) advise the President and the Congress with respect to 
        nontariff barriers to international trade, international 
        commodity agreements, and other matters which are related to 
        the trade agreements programs; and
            ``(4) be responsible for making reports to Congress with 
        respect to the matters set forth in paragraphs (1) and (2).''.
    (2) The table of contents in the first section of the Trade Act of 
1974 is amended by striking the items relating to chapter 4 and section 
141 and inserting the following:
           ``Chapter 4--Representation in Trade Negotiations

``Sec. 141. Functions of the United States Trade Representative.''.
    (d) Foreign Service Personnel.--The Foreign Service Act of 1980 is 
amended by striking paragraph (3) of section 202(a) (22 U.S.C. 3922(a)) 
and inserting the following:
            ``(3) The United States Trade Representative of the United 
        States Trade Administration 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 United States Trade Representative by 
                        section 222 of the Trade Reorganization Act of 
                        1995; and
                    ``(B) with respect to other personnel of the United 
                States Trade Administration to the extent the President 
                determines to be necessary in order to enable the 
                United States Trade Administration to carry out 
                functions which require service abroad.''.
    (e) Chief Financial Officers.--Section 901(b)(1) of title 31, 
United States Code, is amended by adding at the end the following:
                    ``(Q) The United States Trade Administration.''.

SEC. 262. REPEALS.

    Sections 1 and 2 of the Act of June 5, 1939 (15 U.S.C. 1502 and 
1503; 53 Stat. 808), relating to the Under Secretary of Commerce, are 
repealed.
SEC. 263. CONFORMING AMENDMENTS RELATING TO EXECUTIVE SCHEDULE 
              POSITIONS.

    (a) Positions at Level I.--Section 5312 of title 5, United States 
Code, is amended--
            (1) by adding at the end the following:
            ``The United States Trade Representative of the United 
        States Trade Administration.''.
    (b) Positions at Level II.--Section 5313 of title 5, United States 
Code, is amended by adding at the end the following:
            ``Deputy Administrator of the United States Trade 
        Administration.
            ``Deputy United States Trade Representatives, United States 
        Trade Administration (2).''.
    (c) Positions at Level III.--Section 5314 of title 5, United States 
Code, is amended--
            (1) by striking the item relating to the Under Secretary of 
        Commerce, Under Secretary of Commerce for Economic Affairs, 
        Under Secretary of Commerce for Export Administration, and 
        Under Secretary of Commerce for Travel and Tourism, and 
        inserting ``Under Secretary of Commerce for Economic Affairs 
        and Under Secretary of Commerce for Travel and Tourism''; and
            (2) by adding at the end the following:
            ``Assistant Administrators, United States Trade 
        Administration (3).
            ``Director General for Export Promotion, United States 
        Trade Administration.''.
    (d) Positions at Level IV.--Section 5315 of title 5, United States 
Code, is amended--
            (1) in the item relating to the Assistant Secretaries of 
        Commerce, by striking ``(11)'' and inserting ``(7)'';
            (2) by striking the item relating to the Assistant 
        Secretary of Commerce and Director General of the United States 
        and Foreign Commercial Service; and
            (3) by adding at the end the following:
            ``General Counsel, United States Trade Administration.
            ``Inspector General, United States Trade Administration.
            ``Chief Financial Officer, United States Trade 
        Administration.''.
    (e) Positions at Level V.--Section 5316 of title 5, United States 
Code, is amended by striking the item relating to the National Export 
Expansion Coordinator, Department of Commerce.
      TITLE III--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

SEC. 301. ADDITIONAL TRANSFERS.

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

SEC. 302. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.

    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.

SEC. 303. INCIDENTAL TRANSFERS.

    (a) In General.--The Director of the Office of Management and 
Budget, at such time or times as the Director shall provide, is 
authorized to make such 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) Transfers Relating to Senior Executive Service.--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.

SEC. 304. EFFECT ON PERSONNEL.

    (a) In General.--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) Executive Schedule Positions.--Except as otherwise provided by 
this Act, 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) Termination of Certain Positions.--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.

SEC. 305. SAVINGS PROVISIONS.

    (a) Continuing Effect of Legal Documents.--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) Proceedings Not Affected.--(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) Administrative Actions Relating to Promulgation of Rules.--Any 
administrative action relating to the preparation or promulgation of a 
regulation by a Federal agency relating to a function transferred under 
this Act may be continued by the Federal agency to which such function 
is transferred with the same effect as if this Act had not been 
enacted.
    (d) Suits Not Affected.--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.
    (e) Nonabatement of Actions.--No action or other proceeding 
commenced by or against any officer in his official capacity as an 
officer of the Department of Commerce or the Office of United States 
Trade 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.
    (f) Federal Official as Party in Action.--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.
    (g) Judicial Review.--Orders and actions of the head of a Federal 
agency in the exercise of functions transferred to the head of such 
agency by this Act shall be subject to judicial review to the same 
extent and in the same manner as if such orders and actions had been by 
the Department of Commerce or the Office of the 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.

SEC. 306. REFERENCE.

    With respect to any functions transferred by this Act and exercised 
after the effective date of this Act, reference in any other Federal 
law to--
            (1) the Secretary of Commerce or the United States Trade 
        Representative; or
            (2) the Department of Commerce or the Office of the United 
        States Trade Representative or any 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.
SEC. 307. TRANSITION.

    With the consent of the Secretary of Commerce or the United States 
Trade Representative, as the case may be, the head of each Federal 
agency to which functions or offices are transferred by this Act is 
authorized to 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.

SEC. 308. ADDITIONAL CONFORMING AMENDMENTS.

    (a) In General.--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 are 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) Submission.--No later than 6 months after the effective date of 
this Act, each such agency head shall submit the recommended 
legislation referred to under subsection (a).

                        TITLE IV--MISCELLANEOUS

SEC. 401. EFFECTIVE DATE.

    (a) In General.--This Act shall take effect 120 days after the date 
of the enactment of this Act, except that--
            (1) section 307 shall take effect on such date of 
        enactment; and
            (2) at any time after the date of the enactment of this 
        Act--
                    (A) the officers provided for in title II 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 305(b)(2).
    (b) Interim Compensation and Expenses.--Funds available to the 
Department of Commerce or the Office of the United States Trade 
Representative (or any official or component thereof), with respect to 
the 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.

SEC. 402. INTERIM APPOINTMENTS.

    (a) In General.--If one or more officers required by this Act to be 
appointed by and with the advice and consent of the Senate have not 
entered upon office on the effective date of this Act and 
notwithstanding any other provision of law, the President may designate 
any officer who was appointed by and with the advice and consent of the 
Senate, and who was such an officer on the day before the effective 
date of this Act, to act in the office until it is filled as provided 
by this Act.
    (b) Compensation.--Any officer acting in an office pursuant to 
subsection (a) shall receive compensation at the rate prescribed by 
this Act for such office.

SEC. 403. FUNDING REDUCTIONS RESULTING FROM REORGANIZATION.

    (a) Funding Reductions.--Beginning in the first fiscal year that 
begins on or after the effective date of this Act, the amount expended 
by the United States in performing all functions which, immediately 
before the effective date of this Act, were performed by the Department 
of Commerce or any agency, officer, or employee thereof may not exceed 
75 percent of the total amount expended by the United States in 
performing all such functions during fiscal year 1995.
    (b) Implementation Plan.--(1) Not later than 90 days after the date 
of the enactment of this Act, the Director of the Office of Management 
and Budget shall submit a report to the Congress on a plan that--
            (A) provides for the implementation of the funding 
        reductions required under subsection (a); and
            (B) makes legislative recommendations for additional 
        authority necessary or useful in implementing such funding 
        reductions.
    (2) In preparing the report, the Office of Management and Budget 
shall consult with the USTR.

SEC. 404. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this Act. Amounts appropriated 
under this section shall be available until expended.
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