[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2325 Introduced in House (IH)]

  1st Session
                                H. R. 2325

                  To establish a Department of Trade.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 13, 1995

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

_______________________________________________________________________

                                 A BILL


 
                  To establish a Department of Trade.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Trade Establishment 
Act''.
SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

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

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

                       Subtitle A--Establishment

Sec. 201. Establishment of Department.
Sec. 202. Functions of the Secretary.
Sec. 203. Bureau of Export Promotion.
Sec. 204. Bureau of Trade Policy.
Sec. 205. Bureau of Trade Administration.
Sec. 206. Deputy Secretary.
Sec. 207. Under Secretaries.
Sec. 208. Assistant Secretaries.
Sec. 209. General Counsel.
Sec. 210. Inspector General.
                Subtitle B--Transfers to the Department

Sec. 221. Transfers from the Department of Commerce.
Sec. 222. Export-Import Bank.
Sec. 223. Overseas Private Investment Corporation.
Sec. 224. Trade and Development Agency.
Sec. 225. Consolidation of export promotion activities.
                 Subtitle C--Administrative Provisions

Sec. 231. Personnel provisions.
Sec. 232. Delegation and assignment.
Sec. 233. Succession.
Sec. 234. Reorganization.
Sec. 235. Rules.
Sec. 236. Working capital fund.
Sec. 237. Funds transfer.
Sec. 238. Contracts, grants, and cooperative agreements.
Sec. 239. Publications.
Sec. 240. Use of facilities.
Sec. 241. Field offices.
Sec. 242. Gifts and bequests.
Sec. 243. Seal of Department.
Sec. 244. Annual report.
                      Subtitle D--Related Agencies

Sec. 251. Interagency Trade Organization.
Sec. 252. National Security Council.
Sec. 253. International Monetary Fund.
                   Subtitle E--Conforming Provisions

Sec. 261. Amendments to other laws.
      TITLE III--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

Sec. 301. Transfer and allocations of appropriations and personnel.
Sec. 302. Incidental transfers.
Sec. 303. Effect on personnel.
Sec. 304. Savings provisions.
Sec. 305. Separability.
Sec. 306. Reference.
Sec. 307. Transition.
Sec. 308. 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.
Sec. 405. Limitation on annual expenditures for continued functions.
                      TITLE I--GENERAL PROVISIONS

SEC. 101. DEFINITIONS.

    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

                       Subtitle A--Establishment

SEC. 201. ESTABLISHMENT OF DEPARTMENT.

    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.

SEC. 202. FUNCTIONS OF THE SECRETARY.

    (a) Functions.--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 of the United States to--
                    (A) strengthen the ability of the United States to 
                compete in international markets, and
                    (B) expand United States exports through aggressive 
                promotion and marketing of United States products and 
                services as the primary mandate of the Department;
            (3) exercise lead responsibility for the establishment of a 
        national export strategy, including policies designed to 
        implement such strategy;
            (4) act as the principal spokesperson of the President on 
        international trade;
            (5) 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;
            (6) 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, including any matter considered under the auspices 
        of the World Trade Organization, to the extent necessary to 
        assure the coordination of international trade policy;
            (7) analyze economic trends and developments in order to 
        understand and foster the conditions that enhance productivity, 
        growth, and competitiveness;
            (8) report directly to the President and 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, 
                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; and
            (9) 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.
    (b) Unfair Trade Practices.--(1) In carrying out functions with 
respect to unfair trade practices, the Secretary shall--
            (A) coordinate the application of interagency resources to 
        specific unfair trade practice cases;
            (B) identify, and refer to the appropriate Federal 
        department or agency for consideration with respect to action, 
        each act, policy, or practice referred to in the report 
        required under section 181(b) of the Trade Act of 1974, or 
        otherwise known to the United States Trade Representative on 
        the basis of other available information, that may be an unfair 
        trade practice that either--
                    (i) is considered to be inconsistent with the 
                provisions of any trade agreement and has a significant 
                adverse impact on United States commerce, or
                    (ii) has a significant adverse impact on domestic 
                firms or industries that are either too small or 
                financially weak to initiate proceedings under the 
                trade laws;
            (C) identify practices having a significant adverse impact 
        on United States commerce that the attainment of United States 
        negotiating objectives would eliminate; and
            (D) identify, on a biennial basis, those United States 
        Government policies and practices that, if engaged in by a 
        foreign government, might constitute unfair trade practices 
        under United States law.
    (2) For purposes of carrying out paragraph (1), the Secretary shall 
be assisted by an interagency unfair trade practices advisory committee 
composed of the Secretary, who shall chair the committee, and senior 
representatives of the following agencies, appointed by the respective 
heads of those agencies:
            (A) The Bureau of Economics and Business Affairs of the 
        Department of State.
            (B) The United States and Foreign Commercial Service of the 
        Department of Trade.
            (C) The Foreign Agricultural Service of the Department of 
        Agriculture.
The Secretary may also request the advice of the United States 
International Trade Commission regarding the carrying out of paragraph 
(1).
    (3) For purposes of this subsection, the term ``unfair trade 
practice'' means any act, policy, or practice that--
            (A) may be a subsidy with respect to which countervailing 
        duties may be imposed under subtitle A of title VII of the 
        Tariff Act of 1930;
            (B) may result in the sale or likely sale of foreign 
        merchandise with respect to which antidumping duties may be 
        imposed under subtitle B of title VII of the Tariff Act of 
        1930;
            (C) may be either an unfair method of competition, or an 
        unfair act in the importation of articles into the United 
        States, that is unlawful under section 337 of the Tariff Act of 
        1930; or
            (D) may be an act, policy, or practice of a kind with 
        respect to which action may be taken under title III of the 
        Trade Act of 1974.
    (c) Interagency Organization.--The Secretary shall be the 
Chairperson of the interagency organization established under section 
242 of the Trade Expansion Act of 1962.
    (d) National Security Council.--The Secretary shall be a member of 
the National Security Council and the National Economic Council.
    (e) Advisory Council.--The Secretary shall be Deputy Chairman of 
the National Advisory Council on International Monetary and Financial 
Policies established under Executive Order 11269, issued February 14, 
1966.
    (f) Agriculture.--The Secretary shall consult with the Secretary of 
Agriculture or the designee of the Secretary of Agriculture on all 
matters which potentially involve international trade in agricultural 
products.
    (g) TPCC.--The Secretary shall be Chairperson of the Trade 
Promotion Coordinating Committee.

SEC. 203. BUREAU OF EXPORT PROMOTION.

    (a) Establishment.--There is established within the Department, the 
Bureau of Export Promotion. The Bureau of Export Promotion shall be 
administered by the Under Secretary for Export Promotion who shall be 
appointed by the President, by and with the advice and consent of the 
Senate. The Secretary, through the Under Secretary for Export 
Promotion, shall perform all functions (other than administrative and 
support functions) transferred to the Secretary under sections 
221(3)(A), 222, 223, and 224. The Bureau of Export Promotion shall be 
the agency of the Government primarily responsible for the promotion of 
exports.
    (b) Agencies Within Bureau.--The United States and Foreign 
Commercial Service is established in the Bureau of Export Promotion. 
The Commercial Service shall be administered by an Assistant Secretary, 
who shall serve as Director General of the United States and Foreign 
Service, and who shall be appointed by the President, by and with the 
advice and consent of the Senate. The Commercial Service shall perform 
the functions of the United States and Foreign Commercial Service 
transferred under section 221(3)(A).

SEC. 204. BUREAU OF TRADE POLICY.

    There is established within the Department the Bureau of Trade 
Policy. The Bureau of Trade Policy shall be administered by the Under 
Secretary for Trade Policy who shall be appointed by the President, by 
and with the advice and consent of the Senate. The Secretary, through 
the Under Secretary for Trade Policy, shall perform all functions 
(other than administrative and support functions) transferred to the 
Secretary under section 221(3)(B). The Under Secretary for Trade Policy 
shall advise the Secretary on international trade and economic policy 
and provide assistance to the United States Trade Representative in 
multilateral and bilateral trade negotiations.

SEC. 205. BUREAU OF TRADE ADMINISTRATION.

    (a) Establishment.--There is established within the Department the 
Bureau of Trade Administration. The Bureau of Trade Administration 
shall be administered by the Under Secretary for Trade Administration 
who shall be appointed by the President, by and with the advice and 
consent of the Senate. The Secretary, through the Under Secretary of 
the Bureau of Trade Administration, shall perform all functions (other 
than administrative and support functions) transferred to the Secretary 
under section 221(3)(C). The Bureau of Trade Administration shall be 
responsible for overseeing and enforcing all trade laws and agreements 
of which the United States is a party.
    (b) Agencies Within Bureau.--(1) There is 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.

SEC. 206. DEPUTY SECRETARY.

    (a) Appointment.--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) Functions.--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.

SEC. 207. UNDER SECRETARIES.

    (a) Appointment.--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) Functions.--Each Under Secretary of Trade shall perform such 
functions as the Secretary may prescribe.

SEC. 208. ASSISTANT SECRETARIES.

    (a) Appointment.--There shall be in the Department 6 Assistant 
Secretaries of Trade, who shall be appointed by the President, by and 
with the advice and consent of the Senate.
    (b) Functions.--Each Assistant Secretary of Trade shall perform 
such functions as the Secretary may prescribe.

SEC. 209. GENERAL COUNSEL.

    There shall be in the Department a General Counsel, who shall be 
appointed by the President, by and with the advice and consent of the 
Senate. The General Counsel shall provide legal assistance to the 
Secretary concerning the activities, programs, and policies of the 
Department.

SEC. 210. INSPECTOR GENERAL.

    There shall be in the Department an Inspector General who shall be 
appointed in accordance with the Inspector General Act of 1978, as 
amended by section 471(b) of this Act.

                Subtitle B--Transfers to the Department

SEC. 221. TRANSFERS FROM THE DEPARTMENT OF COMMERCE.

    There are transferred to the Secretary--
            (1) trade-related functions of the Secretary of Commerce;
            (2) trade-related functions of the Department of Commerce;
            (3) all functions of, and all functions performed under the 
        direction of, the following officers and 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 Service, the Under 
                Secretary of Commerce for Travel and Tourism, and the 
                Assistant Secretary of Commerce for Tourism Marketing;
                    (B) the Assistant Secretary of Commerce for 
                International Economic Policy, and the Assistant 
                Secretary of Commerce for Trade Development; and
                    (C) the Under Secretary for Export Administration 
                and the Assistant Secretary for Import Administration; 
                and
            (4) those functions of the United States Trade 
        Representative performed under sections 181 and 182 and title 
        III of the Trade Act of 1974.
SEC. 222. EXPORT-IMPORT BANK.

    (a) Board of Directors.--Section 3(c)(1) of the Export-Import Bank 
Act of 1945 (12 U.S.C. 635a(c)(1)) is amended to read as follows:
    ``(c)(1) There shall be a Board of Directors of the Bank consisting 
of the Secretary of Trade (who shall serve as Chairman), the President 
of the Export-Import Bank of the United States (who shall serve as Vice 
Chairman), the first Vice President, and 2 additional persons appointed 
by the President of the United States, by and with the advice and 
consent of the Senate.''.
    (b) Assistance of United States and Foreign Commercial Service.--
Section 2301(h) of the Omnibus Trade and Competitiveness Act of 1988 
(15 U.S.C. 4721(h)) is amended to read as follows:
    ``(h) Assistance to Export-Import Bank.--The Commercial Service 
shall provide, at its district offices in the United States, such 
services as the Under Secretary of Trade for Export Promotion 
determines necessary to assist the Export-Import Bank of the United 
States in carrying out the lending, loan guarantee, insurance, and 
other activities of the Bank.''.

SEC. 223. OVERSEAS PRIVATE INVESTMENT CORPORATION.

    (a) Policy Guidance.--Section 231 of the Foreign Assistance Act of 
1961 (22 U.S.C. 2191) is amended in the first paragraph--
            (1) by striking ``To mobilize'' and inserting ``To increase 
        exports to, and to mobilize'';
            (2) by striking ``of less developed'' and inserting ``of, 
        less developed'';
            (3) by inserting ``trade policy and'' after ``complementing 
        the''; and
            (4) by inserting ``and the Secretary of Trade'' after 
        ``Secretary of State''.
    (b) Board of Directors.--The second and third sentences of section 
233(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2193(b)) are 
amended to read as follows: ``The Secretary of Trade shall be the 
Chairman of the Board. The Administrator of the Agency for 
International Development (who shall serve as Vice Chairman) and the 
United States Trade Representative shall serve on the Board.''.

SEC. 224. TRADE AND DEVELOPMENT AGENCY.

    There are transferred to the Secretary all functions of the 
Director of the Trade and Development Agency. There are transferred to 
the Department all functions of the Trade and Development Agency.

SEC. 225. CONSOLIDATION OF EXPORT PROMOTION ACTIVITIES.

    (a) Submission of Plan.--Within 180 days after the date of the 
enactment of this Act, the President shall transmit to the Congress a 
comprehensive plan to consolidate Federal nonagricultural export 
promotion activities and to transfer those functions to the Department. 
The plan shall provide for--
            (1) the elimination of the overlap and duplication among 
        all Federal nonagricultural export promotion activities;
            (2) a unified budget for Federal nonagricultural export 
        promotion activities which eliminates funding for the areas of 
        overlap and duplication identified under paragraph (1); and
            (3) a long-term agenda for developing cooperation between 
        State and Federal programs and activities designed to stimulate 
        or assist United States businesses in exporting nonagricultural 
        goods or services that are products of the United States, 
        including sharing of facilities, costs, and cost-sharing 
        between Federal and State export market research data.
    (b) Plan Elements.--The plan under subsection (a) shall--
            (1) place all Federal nonagricultural export promotion 
        activities within the Department;
            (2) provide clear authority for the Secretary of Trade to 
        use the expertise and assistance of other United States 
        Government agencies;
            (3) achieve an overall 25 percent reduction in the amount 
        of funding for all Federal nonagricultural export promotion 
        activities within 2 years after the enactment of this Act;
            (4) provide for the transfer to the Department of Trade of 
        any statistical or analytical functions of the Department of 
        Commerce or any other Federal department or agency that are 
        necessary for the Department of Trade to carry out its 
        functions; and
            (5) include any functions of the Department of Commerce not 
        transferred by this Act the transfer of which to the Department 
        of Trade would be necessary to the competitiveness of the 
        United States in international trade.
    (c) Definition.--As used in this section, the term ``Federal 
nonagricultural export promotion activities''--
            (1) means all programs or activities of any department or 
        agency of the Federal Government (including, but not limited 
        to, departments and agencies with representatives on the Trade 
        Promotion Coordinating Committee established under section 2312 
        of the Export Enhancement Act of 1988 (15 U.S.C. 4727)) that 
        are designed to stimulate or assist United States businesses in 
        exporting nonagricultural goods or services that are products 
        of the United States, including trade missions; and
            (2) does not include programs or activities of the Export-
        Import Bank of the United States and the Overseas Private 
        Investment Corporation.

                 Subtitle C--Administrative Provisions

SEC. 231. PERSONNEL PROVISIONS.

    (a) Appointment.--The Secretary may appoint and fix the 
compensation of such officers and employees, 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) Positions Above GS-15.--(1) At the request of the Secretary, 
the Director of the Office of Personnel Management shall, under section 
5108 of title 5, United States Code, provide for the establishment in a 
grade level above GS-15 of the General Service, and in the Senior 
Executive Service, of a number of positions in the 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) Experts and Consultants.--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) Voluntary Services.--(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) 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 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.
SEC. 232. DELEGATION AND ASSIGNMENT.

    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.

SEC. 233. SUCCESSION.

    (a) Order of Succession.--Subject to the authority of the 
President, and except as provided in section 206(b), the Secretary 
shall prescribe the order by which officers of the Department who are 
appointed by the President, by and with the advice and consent of the 
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) Continuation of Service of Acting Officers.--Notwithstanding 
any other provision of law, and unless the President directs otherwise, 
an individual acting for the Secretary or another officer of the 
Department pursuant to subsection (a) shall continue to serve in that 
capacity until the absence or disability of the Secretary or such other 
officer no longer exists or a successor to the Secretary or such other 
officer has been appointed by the President and confirmed by the 
Senate.

SEC. 234. REORGANIZATION.

    (a) In General.--Subject to subsection (b), the 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) Prior Notification of Congressional Committees.--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 60 days after the receipt 
by the Committee on Finance and the Committee on Governmental Affairs 
of the Senate and the Speaker of the House of Representatives of notice 
by the Secretary containing a full and complete statement of the action 
proposed to be taken pursuant to this section and the facts and 
circumstances relied upon in support of such proposed action.
SEC. 235. RULES.

    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.

SEC. 236. WORKING CAPITAL FUND.

    (a) Establishment and Purpose.--The Secretary is authorized to 
establish for the Department a working capital fund, to be available 
without fiscal year limitation, for expenses necessary for the 
maintenance and operation of such common administrative services as the 
Secretary shall find to be desirable in the interest of economy and 
efficiency, including--
            (1) a central supply service for stationery and other 
        supplies and equipment for which adequate stocks may be 
        maintained to meet in whole or in part the requirements of the 
        Department and its components;
            (2) central messenger, mail, and telephone 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) Operation of the 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 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.

SEC. 237. FUNDS TRANSFER.

    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 therefor.

SEC. 238. CONTRACTS, GRANTS, AND COOPERATIVE AGREEMENTS.

    (a) In General.--Subject to the provisions of the Federal Property 
and Administrative Services Act of 1949, the Secretary may make, enter 
into, and perform such contracts, leases, cooperative agreements, 
grants, or other similar transactions with public agencies, private 
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) Subject to Appropriations.--Notwithstanding any other provision 
of this Act, the authority to enter into contracts or to make payments 
under this subtitle shall be effective only to such extent or in such 
amounts as are provided in advance in appropriation Acts. This 
subsection does not apply with respect to the authority granted under 
section 242.

SEC. 239. PUBLICATIONS.

    Subject to such procedures of the Director of the 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.

SEC. 240. USE OF FACILITIES.

    (a) Use by Secretary.--With their consent, the Secretary, with or 
without reimbursement, may use the research, services, equipment, and 
facilities of--
            (1) an individual,
            (2) any public or private nonprofit agency or organization, 
        including any agency or 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) Use of Department Facilities by Other Entities.--The Secretary, 
under terms, at rates, and for periods that the Secretary considers to 
be in the public interest, may permit the use by public and private 
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.
SEC. 241. FIELD OFFICES.

    (a) In General.--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) Prior Notification of Congressional Committees.--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 60 days after the receipt by the 
Committee on Finance and the Committee on Governmental Affairs of the 
Senate and the Speaker of the House of Representatives of notice by the 
Secretary containing a full and complete statement of the action 
proposed to be taken pursuant to this section and the facts and 
circumstances relied upon in support of such proposed action.

SEC. 242. GIFTS AND BEQUESTS.

    (a) In General.--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 subsection, 
and the proceeds thereof, shall be used as nearly as possible in 
accordance with the terms of the gift or bequest.
    (b) Tax Treatment.--For the purpose of Federal income, estate, and 
gift taxes, and State taxes, property accepted under subsection (a) 
shall be considered a gift or bequest to or for use of the United 
States.
    (c) Investment.--Upon the request of the 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.

SEC. 243. SEAL OF DEPARTMENT.

    The Secretary shall cause a seal of office to be made for the 
Department of such design as the Secretary shall approve. Judicial 
notice shall be taken of such seal.
SEC. 244. ANNUAL REPORT.

    The Secretary shall, as soon as practicable after the end of each 
fiscal year, prepare and transmit a written report to the President for 
transmission to the Congress on the activities of the Department during 
such fiscal year.

                      Subtitle D--Related Agencies

SEC. 251. INTERAGENCY TRADE ORGANIZATION.

    Section 242(a) of the Trade Expansion Act of 1962 (19 U.S.C. 
1872(a)) is amended--
            (1) in paragraph (2)(B) by striking ``Trade 
        Representative'' and inserting ``Secretary of Trade''; and
            (2) by amending paragraph (3) to read as follows:
            ``(3)(A) The interagency organization established under 
        subsection (a) shall be composed of--
                    ``(i) the Secretary of Trade, who shall be 
                Chairperson,
                    ``(ii) the Trade Representative,
                    ``(iii) the Secretary of Agriculture,
                    ``(iv) the Secretary of the Treasury,
                    ``(v) the Secretary of Labor,
                    ``(vi) the Secretary of State, and
                    ``(vii) the representatives of such other 
                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 
        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 Secretary of Trade;''.

SEC. 253. INTERNATIONAL MONETARY FUND.

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

SEC. 261. AMENDMENTS TO OTHER LAWS.

    (a) Amendments Relating to Export Promotion.--(1) Section 2312(d) 
of the Export Enhancement Act of 1988 (15 U.S.C. 4727(d)) is amended--
            (A) in paragraph (1)(A) by striking ``Commerce'' and 
        inserting ``Trade''; and
            (B) in paragraph (2) by striking ``Commerce'' and inserting 
        ``Trade''.
    (2) Section 2313 of the Export Enhancement Act of 1988 (15 U.S.C. 
4728) is amended--
            (A) in subsection (b)--
                    (i) in paragraph (1) by striking ``Coordination'' 
                and inserting ``Coordinating''; and
                    (ii) in paragraph (3) by striking ``Commerce'' and 
                inserting ``Trade''; and
            (B) in subsection (c) by striking ``Commerce'' and 
        inserting ``Trade''.
    (3) Section 2301 of the Export Enhancement Act of 1988 (15 U.S.C. 
4721) is amended in subsections (b)(9) and (f) by striking ``Program'' 
and inserting ``Agency''.
    (b) Other Amendments.--The following provisions of law are amended:
            (1) Section 19(d)(1) of title 3, United States Code, is 
        amended by inserting ``Secretary of Trade,'' before ``Secretary 
        of Labor''.
            (2) Section 101 of title 5, United States Code, is amended 
        by adding at the end the following:
            ``The Department of Trade.''.
            (3) Section 5312 of such title 5 is amended by adding at 
        the end the following:
            ``Secretary of Trade.''.
            (4) Section 5313 of title 5, United States Code, is amended 
        by adding at the end the following:
            ``Deputy Secretary, Department of Trade.''.
            (5) Section 5314 of such title 5 is amended by adding at 
        the end the following:
            ``Under Secretaries of Trade (3).
            ``Deputy Secretary of Trade.''.
            (6) Section 5315 of such title 5 is amended by adding at 
        the end thereof the following:
            ``Assistant Secretaries of Trade (6).
            ``General Counsel, Department of Trade.
            ``President of the Export-Import Bank of the United States.
            ``President of the Overseas Private Investment 
        Corporation.''.
            (7) Section 5316 of such title 5 is amended by adding at 
        the end thereof the following:
            ``Inspector General, Department of Trade.''.
            (8) The Inspector General Act of 1978 is amended--
                    (A) in subsection 9(a)(1)--
                            (i) by redesignating subparagraphs (C) 
                        through (H) as subparagraphs (B) through (G), 
                        respectively; and
                            (ii) by inserting before subparagraph (I) 
                        the following:
            ``(H) of the Department of Trade, all functions of the 
        Inspector General of the Department of 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 431 of the Department of Commerce Dismantling and 
        Department of Trade Establishment Act;''; and
                    (B) by inserting ``Trade,'' after ``Interior,'' 
                each place it appears in section 11.
            (9) Section 141 of the Trade Act of 1974 (19 U.S.C. 2171) 
        is amended--
                    (A) in subsection (c)--
                            (i) in paragraph (1)--
                                    (I) by striking subparagraphs (A), 
                                (B), (D), (E), (F), (G), and (I) and 
                                redesignating subparagraphs (C), (H), 
                                and (J) as subparagraphs (A), (B), and 
                                (C), respectively;
                                    (II) in subparagraph (B), as so 
                                redesignated, by striking 
                                ``subparagraphs (C) and (F)'' and 
                                inserting ``subparagraph (A)''; and
                                    (III) in subparagraph (C), as so 
                                redesignated, by striking ``in 
                                addition'' and all that follows through 
                                ``1988,'';
                            (ii) by redesignating paragraphs (2) 
                        through (4) as paragraphs (3) through (5), 
                        respectively; and
                            (iii) by inserting after paragraph (1) the 
                        following:
    ``(2) The United States Trade Representative shall carry out the 
functions under paragraph (1) under the policy guidance of the 
Secretary of Trade.''; and
                            (iv) in subparagraph (A) of paragraph (3) 
                        (as so redesignated), by striking ``the senior 
                        representative on'' and inserting ``a member 
                        of''; and
                    (B) by striking subsection (d) and redesignating 
                subsections (e) through (g) as subsections (d) through 
                (f), respectively.
            (10) The Foreign Service Act of 1980 is amended by striking 
        paragraph (3) of section 202(a) (22 U.S.C. 3922(a)) and 
        inserting the following:
            ``(3) The Secretary of Trade may use the Foreign Service 
        personnel system in accordance with this title--
                    ``(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 221 of the 
                        Department of Commerce Dismantling and 
                        Department of Trade Establishment Act; 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.''.
            (11)(A) Section 201 of the International Travel Act of 1961 
        (22 U.S.C. 2122) is amended by striking ``Commerce'' and 
        inserting ``Trade''.
            (B) Section 202(a)(13) of such Act (22 U.S.C. 2123(a)(13)) 
        is amended by striking ``Commerce'' and inserting ``Trade''.
            (C) Section 301 of such Act (22 U.S.C. 2124) is amended to 
        read as follows:
    ``Sec. 301. All duties and responsibilities of the 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.''.
            (D) Section 302(b)(1) of such Act (22 U.S.C. 2124a(b)(1)) 
        is amended--
                    (i) by striking ``Commerce'' in subparagraph (A) 
                and inserting ``Trade'';
                  (ii) by striking ``Under Secretary'' and inserting 
                ``Assistant Secretary of Trade'' in subparagraph (B); 
                and
                  (iii) by striking subparagraph (D) and inserting the 
                following:
            ``(D) an individual designated by the Secretary of Trade 
        from the Department of Trade;''.
            (E) Section 303(f) of such Act (22 U.S.C. 2124b(f)) is 
        amended by striking ``and shall advise the Assistant Secretary 
        of Trade for the United States and Foreign Commercial Service 
        with respect to the preparation of the marketing plan under 
        section 202(a)(15)''.

      TITLE III--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

SEC. 301. 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. 302. INCIDENTAL TRANSFERS.

    (a) In General.--The Director of the Office of Management and 
Budget, at such time or times as the Director shall provide, is 
authorized to make such 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 SES.--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. 303. 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 1 year after the date of transfer of such 
employee under this Act.
    (b) Executive Schedule Positions.--Any person who, on the day 
preceding the effective date of this Act, held a position compensated 
in accordance with the 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) Terminations.--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. 304. SAVINGS PROVISIONS.

    (a) Continuation of 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) 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.
    (d) Nonabatement of Actions.--No action or other proceeding 
commenced by or against any officer in his official capacity as an 
officer of the Department of Commerce or the Office of United States 
Trade 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) Officers as Parties to Actions.--If, before the date on which 
this Act takes effect, the Department of Commerce or the Office of the 
United States Trade Representative, or any officer thereof in his 
official 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) 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. 305. SEPARABILITY.

    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.

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 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) Timing of Submissions.--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) sections 225 and 307 shall take effect on such date of 
        enactment; and
            (2) at any time on or after the date of enactment of this 
        Act--
                    (A) the officers provided for in title II may be 
                nominated and appointed, as provided in such title; and
                    (B) the Secretary of Commerce, the United States 
                Trade Representative, and the head of each Federal 
                agency to which functions are transferred by this Act 
                may promulgate regulations under section 304(b)(2).
    (b) Interim Compensation and Expenses.--Funds available to the 
Department of Commerce or the Office of the United States Trade 
Representative (or any official or component thereof), with respect to 
the 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 1 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. PERSONNEL AND FUNDING REDUCTIONS RESULTING FROM 
              REORGANIZATION.

    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 the first fiscal year after 
the effective date of this Act.

SEC. 404. AUTHORIZATION OF APPROPRIATIONS.

    Subject to section 405, there are authorized to be 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.

SEC. 405. LIMITATION ON ANNUAL EXPENDITURES FOR CONTINUED FUNCTIONS.

    Beginning in the first fiscal year that begins on or after the 
effective date of this Act, the amount expended by the United States in 
performing all functions which, immediately before the effective date 
of this Act, were performed by a department or agency of the United 
States and are transferred by this Act to the Secretary or the 
Department may not exceed 75 percent of the total amount expended by 
the United States in performing all such functions during fiscal year 
1995.
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