[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4328 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 4328

To enhance the competitiveness of the United States and promote foreign 
  commerce generally through the creation of the United States Trade 
Administration as an independent establishment in the executive branch 
                           of the Government.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 1996

  Mr. White introduced the following bill; which was referred to the 
   Committee on Ways and Means, and in addition to the Committees on 
   Banking and Financial Services, Government Reform and Oversight, 
International Relations, and Commerce, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To enhance the competitiveness of the United States and promote foreign 
  commerce generally through the creation of the United States Trade 
Administration as an 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 Modernization Act of 1996''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents is as follows:

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

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

                       Subtitle A--Establishment

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

Sec. 211. Deputy Administrator of the USTA.
Sec. 212. Deputy United States Trade Representatives.
Sec. 213. Assistant administrators.
Sec. 214. Director General for Export promotion.
Sec. 215. General counsel.
Sec. 216. Inspector General.
Sec. 217. Chief financial officer.
                   Subtitle C--Transfers to the USTA

Sec. 221. Office of the United States Trade Representative.
Sec. 222. Transfers from the Department of Commerce.
Sec. 223. Trade and Development Agency.
Sec. 224. Export-Import Bank.
Sec. 225. Overseas Private Investment Corporation.
Sec. 226. Consolidation of export promotion and financing activities.
Sec. 227. Additional trade functions.
                 Subtitle D--Administrative Provisions

Sec. 231. Personnel provisions.
Sec. 232. Delegation and assignment.
Sec. 233. Succession.
Sec. 234. Reorganization.
Sec. 235. Rules.
Sec. 236. Funds transfer.
Sec. 237. Contracts, grants, and cooperative agreements.
Sec. 238. Use of facilities.
Sec. 239. Gifts and bequests.
Sec. 240. Working capital fund.
Sec. 241. Service charges.
Sec. 241. Seal of office.
                      Subtitle E--Related Agencies

Sec. 251. National Security Council.
Sec. 252. International Monetary Fund.
                   Subtitle F--Conforming Amendments

Sec. 261. Amendments to general provisions.
Sec. 262. Repeals.
Sec. 263. Conforming amendments relating to Executive Schedule 
                            positions.
                  TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. References.
Sec. 302. Additional transfers.
Sec. 303. Exercise of authorities.
Sec. 304. Savings provisions.
Sec. 305. Transfer of assets.
Sec. 306. Delegation and assignment.
Sec. 307. Authority of Director of the Office of Management and Budget 
                            with respect to functions transferred.
Sec. 308. Certain vesting of functions considered transfers.
Sec. 309. Availability of existing funds.
Sec. 310. Definitions.
                        TITLE IV--MISCELLANEOUS

Sec. 401. Effective date.
Sec. 402. Interim appointments.
Sec. 403. Authorization of appropriations.

                      TITLE I--GENERAL PROVISIONS

SEC. 101. FINDINGS.

    The Congress finds that--
            (1) expanding United States participation in international 
        trade improves the general welfare of the country by increasing 
        demand for products and services of the United States, thereby 
        creating more American jobs and improving the quality of life 
        in the country;
            (2) such participation requires continued American 
        leadership in international trade liberalization and promotion 
        of foreign commerce, generally;
            (3) the Federal Government can strengthen the international 
        trade leadership of the United States and enhance the ability 
        of United States businesses to compete in foreign markets by 
        acting to--
                    (A) reduce international and local trade barriers 
                imposed on investments and the sale of products and 
                services;
                    (B) promote and maintain an international trade 
                system that establishes open, transparent, and fair 
                trade rules; and
                    (C) encourage and facilitate increased 
                participation by United States businesses in the 
                international marketplace;
            (4) unfortunately, the present organizational structure of 
        the Federal Government's administration of international trade 
        activities is too diffuse and leads to inconsistent and 
        conflicting policies and actions, weakening United States trade 
        leadership and hindering the ability of United States 
        businesses to compete;
            (5) therefore, the Federal Government must fundamentally 
        reorganize its trade related activities to better coordinate 
        the development and implementation of United States trade 
        policy; and
            (6) such reorganization must include the consolidation of 
        Federal functions relating to international trade into a single 
        office, with cabinet level representation and full 
        responsibility for all trade activities of the United States.

SEC. 102. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``USTA'' means the United States Trade 
        Administration established in section 201;
            (2) the term ``Federal agency'' has the meaning given to 
        the term ``agency'' by section 551(1) of title 5, United States 
        Code; and
            (3) the term ``USTR'' means the United States Trade 
        Representative as provided for under section 201.

              TITLE II--UNITED STATES TRADE ADMINISTRATION

                       Subtitle A--Establishment

SEC. 201. ESTABLISHMENT OF THE USTA.

    (a) In General.--The United States Trade Administration (USTA) is 
established as 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 head of the USTA 
and shall be appointed by the President, by and with the advice and 
consent of the Senate.
    (b) Ambassador Status.--The USTR shall have the rank and status of 
Ambassador and shall represent the United States in all trade 
negotiations conducted by the USTA.
    (c) Continued Service of Current USTR.--The individual serving as 
United States Trade Representative on the date immediately preceding 
the effective date of this Act may continue to serve as USTR under 
subsection (a).

SEC. 202. FUNCTIONS OF USTR.

    (a) In General.--As the head of the USTA, in addition to having 
primary responsibility for all other functions transferred by law to 
the USTA, the USTR shall--
            (1) serve as the principal advisor to the President on 
        international trade policy, including advising the President 
        regarding the impact on trade of other United States policies;
            (2) exercise primary responsibility for developing, 
        coordinating, and implementing the United States international 
        trade policy, to improve the ability of United States 
        businesses to compete in the international marketplace;
            (3) exercise primary responsibility for conducting 
        international trade negotiations;
            (4) monitor and, where appropriate, enforce compliance with 
        international trade agreements and the laws of the United 
        States relating to trade; and
            (5) pursue the enforcement of international agreements to 
        which the United States is a party that provide for the 
        protection of intellectual property rights, seek new 
        international agreements to minimize theft of intellectual 
        property owned by United States citizens and businesses, 
        otherwise promote protection of intellectual property rights, 
        and report directly to the Congress, on an annual basis--
                    (A) the status of enforcement of international 
                agreements to which the United States is a party that 
                provide for the protection of intellectual property 
                rights;
                    (B) analyses of the impact on United States 
                citizens and businesses of piracy of intellectual 
                property by foreign entities; and
                    (C) any recommendations for new international 
                agreements to provide for the protection of 
                intellectual property rights.
    (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 Chairperson of the United 
States delegation to such meeting and the Secretary of Agriculture or 
the designee of such Secretary shall be Vice Chairperson. The 
provisions of this paragraph shall not limit the authority of the USTR 
under subsection (h) to assign to the 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 USTA.

    (a) Establishment.--There shall be in the USTA 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 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.--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 
USTA, except those functions exercised by the Deputy United States 
Trade Representatives, the Director General for Export Promotion, the 
Inspector General, and the General Counsel of the USTA, as provided by 
this Act.

SEC. 212. DEPUTY UNITED STATES TRADE REPRESENTATIVES.

    (a) Establishment.--There shall be in the USTA 2 Deputy United 
States Trade Representatives, who shall be appointed by the President, 
by and with the advice and consent of the Senate. The Deputy United 
States Trade Representatives shall exercise all functions under the 
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 USTA 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)(E).
    (2) The Assistant Administrator for Import Administration shall 
exercise all functions transferred under section 222(1)(F).
    (3) The Assistant Administrator for Trade and Policy Analysis shall 
exercise all functions transferred under section 222(1)(C) and (D) and 
all functions transferred under section 222(2).

SEC. 214. DIRECTOR GENERAL FOR EXPORT PROMOTION.

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

SEC. 215. GENERAL COUNSEL.

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

SEC. 216. INSPECTOR GENERAL.

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

SEC. 217. CHIEF FINANCIAL OFFICER.

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

                   Subtitle C--Transfers to the USTA

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

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

SEC. 222. TRANSFERS FROM THE DEPARTMENT OF COMMERCE.

    There are transferred to the USTA the following functions:
            (1) All functions of, and all functions performed under the 
        direction of, the following officers and employees of the 
        Department of Commerce:
                    (A) The Under Secretary of Commerce for 
                International Trade.
                    (B) The Director General of the United States and 
                Foreign Commercial Service, relating to all functions 
                exercised by the Service.
                    (C) The Assistant Secretary of Commerce for 
                International Economic Policy.
                    (D) The Assistant Secretary of Commerce for Trade 
                Development.
                    (E) The Under Secretary of Commerce for Export 
                Administration.
                    (F) The Assistant Secretary of Commerce for Import 
                Administration.
            (2) All functions of the Secretary of Commerce relating to 
        the National Trade Data Bank.
            (3) All functions of the Secretary of Commerce under the 
        Tariff Act of 1930, the Uruguay Round Agreements Act, the Trade 
        Act of 1974, and other trade-related Acts for which 
        responsibility is not otherwise assigned under this Act.

SEC. 223. TRADE AND DEVELOPMENT AGENCY.

    There are transferred to the Director General for Export Promotion 
all functions of the Director of the Trade and Development Agency and 
the Trade and Development Agency.

SEC. 224. EXPORT-IMPORT BANK.

    (a) In General.--(1) There are transferred to the USTA all 
functions of the Secretary of Commerce relating to the Export-Import 
Bank of the United States.
    (2) 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 United States Trade Representative (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) Ex Officio Member of Export-Import Bank Board of Directors.--
The Director General for Export Promotion shall serve as an ex officio 
nonvoting member of the Board of Directors of the Export-Import Bank.
    (c) Amendments to Related Banking and Trade Acts.--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 such services as the Director General for Export 
Promotion of the United States Trade Administration determines 
necessary to assist the Export-Import Bank of the United States to 
carry out the lending, loan guarantee, insurance, and other activities 
of the Bank.''.

SEC. 225. OVERSEAS PRIVATE INVESTMENT CORPORATION.

    (a) Board of Directors.--The second and third sentences of section 
233(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2193(b)) are 
amended to read as follows: ``The United States Trade Representative 
shall be the Chairman of the Board. The Administrator of the Agency for 
International Development (who shall serve as Vice Chairman) shall 
serve on the Board.''.
    (b) Ex Officio Member of Overseas Private Investment Corporation 
Board of Directors.--The Director General for Export Promotion shall 
serve as an ex officio nonvoting member of the Board of Directors of 
the Overseas Private Investment Corporation.

SEC. 226. CONSOLIDATION OF EXPORT PROMOTION AND FINANCING ACTIVITIES.

    Within 180 days after the date of the enactment of this Act, the 
President shall transmit to the Congress a comprehensive plan to 
further consolidate Federal trade programs and export financing 
activities within the USTA. The plan shall provide for--
            (1) an itemized summary of all Federal trade programs and 
        activities identified by authorizing statute or executive 
        order, including staff allocation and resource expenditure;
            (2) a unified budget for reallocating Federal trade 
        priorities, including identification and elimination of 
        overlapping and duplicative export promotion and financing 
        activities;
            (3) identification of present cooperative activities among 
        Federal, State, and private trade programs, and recommendations 
        for Federal priorities and long-term opportunities for 
        developing and increasing such cooperation;
            (4) recommendations for eliminating or restructuring 
        overlapping or ineffective functions among Federal trade 
        programs; and
            (5) recommendations for implementing user fees to offset 
        operating costs for the provision of services in the 
        performance of Federal trade activities.

SEC. 227. ADDITIONAL TRADE FUNCTIONS.

    (a) Termination of Authorizations of Appropriations.--
            (1) NAFTA secretariat.--Section 105(b) of the North 
        American Free Trade Agreement Implementation Act (19 U.S.C. 
        3315(b)) is amended by striking ``each fiscal year after fiscal 
        year 1993'' and inserting ``each of fiscal years 1994 and 
        1995''.
            (2) Border environment cooperation commission.--Section 
        533(a)(2) of the North American Free Trade Agreement 
        Implementation Act (19 U.S.C. 3473(a)(2)) is amended by 
        striking ``and each fiscal year thereafter'' and inserting 
        ``fiscal year 1995''.
    (b) Functions Related to Textile Agreements.--
            (1) Functions of cita.--(A) Subject to subparagraph (B), 
        those functions delegated to the Committee for the 
        Implementation of Textile Agreements established under 
        Executive Order 11651 (7 U.S.C. 1854 note) (hereafter in this 
        subsection referred to as ``CITA'') are transferred to the 
        USTA.
            (B) Those functions delegated to CITA that relate to the 
        assessment of the impact of textile imports on domestic 
        industry are transferred to the International Trade Commission. 
        The International Trade Commission shall make a determination 
        pursuant to the preceding sentence within 60 days after 
        receiving a complaint or request for an investigation.
            (2) Abolition of cita.--CITA is abolished.

                 Subtitle D--Administrative Provisions

SEC. 231. PERSONNEL PROVISIONS.

    (a) Appointments.--The USTR may appoint and fix the compensation of 
such officers and employees, including investigators, attorneys, and 
administrative law judges, as may be necessary to carry out the 
functions of the USTA. Except as otherwise provided by law, such 
officers and employees shall be appointed in accordance with the civil 
service laws and their compensation fixed in accordance with title 5, 
United States Code.
    (b) Positions Above GS-15.--(1) At the request of the USTR, the 
Director of the Office of Personnel 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 Schedule, and in the Senior 
Executive Service, of a number of positions in the USTA equal to the 
number of positions in that grade level which were used primarily for 
the performance of functions and 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 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 USTA, with the concurrence of the USTR, to 
such positions in nations which are major trade competitors of the 
United States. The Secretary of State shall obtain and use the 
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 USTA or USTR by this Act and any function 
transferred or granted to the USTA or USTR after the effective date of 
this Act to such officers and employees of the USTA as the USTR may 
designate, and may authorize successive redelegations of such functions 
as may be necessary or appropriate. No delegation of functions by the 
USTR under this section or under any other provision of this Act shall 
relieve the USTR of responsibility for the administration of such 
functions.

SEC. 233. SUCCESSION.

    (a) Order of Succession.--Subject to the authority of the 
President, and except as provided in section 211(b), the USTR shall 
prescribe the order by which officers of the USTA 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 USTA 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 USTA or the office 
of 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 USTA 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 USTA, and 
to establish, consolidate, alter, or discontinue such organizational 
entities in the USTA 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 USTA or allocate or reallocate any 
function of an officer or employee of the USTA that is inconsistent 
with any specific provision of this Act.

SEC. 235. RULES.

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

SEC. 236. FUNDS TRANSFER.

    The USTR may, when authorized in an appropriation Act in any fiscal 
year, transfer funds from one appropriation to another within the USTA, 
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 USTA.
    (b) Exception.--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 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 USTA.
    (b) Use of USTA Facilities.--The USTR, under terms, at rates, and 
for periods that the USTR considers to be in the public interest, may 
permit the use by public and private agencies, corporations, 
associations or other organizations, or individuals, of any real 
property, or any facility, structure, or other improvement thereon, 
under the custody of the USTA. The USTR may require 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 
USTA. 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 
USTA 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 finds to be desirable 
in the interest of economy and efficiency, including--
            (1) a central supply service for stationery and other 
        supplies and equipment for which adequate stocks may be 
        maintained to meet in whole or in part the requirements of the 
        USTA and its 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 USTA, 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 the 
sale or exchange of property and receipts in payment for loss or damage 
to property owned by the fund. There shall be covered into the United 
States Treasury as miscellaneous receipts any surplus of the fund (all 
assets, liabilities, and prior losses considered) above the amounts 
transferred or appropriated to establish and maintain the fund. There 
shall be transferred to the fund the stocks of supplies, equipment, 
other assets, liabilities, and unpaid obligations relating to those 
services which the USTR determines will be performed.

SEC. 241. SERVICE CHARGES.

    (a) Authority.--Notwithstanding any other 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 USTA, 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. 241. SEAL OF OFFICE.

    The USTR shall cause a seal of office to be made for the USTA of 
such design as the USTR shall approve. Judicial notice shall be taken 
of such seal.

                      Subtitle E--Related Agencies

SEC. 251. NATIONAL SECURITY COUNCIL.

    The fourth paragraph of section 101(a) of the 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. 252. INTERNATIONAL MONETARY FUND.

    Section 3 of the Bretton Woods Agreement Act (22 U.S.C. 286a) is 
amended by adding at the end the 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 F--Conforming Amendments

SEC. 261. AMENDMENTS TO GENERAL PROVISIONS.

    (a) Inspector General.--The Inspector General Act of 1978 (5 U.S.C. 
App.) is amended--
            (1) in subsection 9(a)(1) by inserting after 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 
                Modernization Act of 1996; and''; and
            (2) in section 11--
                    (A) in paragraph (1) by inserting ``the United 
                States Trade Representative;'' after ``the Attorney 
                General;''; and
                    (B) in paragraph (2) by inserting ``the United 
                States Trade Administration,'' after ``Treasury;''.
    (b) Amendment to the Trade Act of 1974.--(1) Chapter 4 of title I 
of the Trade Act of 1974 is amended to read as follows:

           ``CHAPTER 4--REPRESENTATION IN TRADE NEGOTIATIONS

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

    ``The United States Trade Representative of the United States Trade 
Administration established under section 201 of the Trade Modernization 
Act of 1996 shall--
            ``(1) be the chief representative of the United States for 
        each trade negotiation under this title or chapter 1 of title 
        III of this Act, or subtitle A of title I of the Omnibus Trade 
        and Competitiveness Act of 1988, or any other provision of law 
        enacted after the Trade Modernization Act of 1996;
            ``(2) report directly to the President and the Congress, 
        and be responsible to the President and the Congress for the 
        administration of trade 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 
        Modernization Act of 1996;
            ``(3) advise the President and the Congress with respect to 
        nontariff barriers to international trade, international 
        commodity agreements, and other matters which are related to 
the trade 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 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 Modernization Act of 
                        1996; 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 by amending the item relating to the United States 
Trade Representative to read as follows:
            ``United States Trade Representative, 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, Office of the 
        United States Trade Representative.''.
    (d) Positions at Level IV.--Section 5315 of title 5, United States 
Code, is amended--
            (1) in the item relating to the Assistant 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--MISCELLANEOUS PROVISIONS

SEC. 301. REFERENCES.

    Any reference in any other Federal law, Executive order, rule, 
regulation, or delegation of authority, or any document of or 
pertaining to a department or office from which a function is 
transferred by this Act--
            (1) to the head of such department or office is deemed to 
        refer to the head of the department or office to which such 
        function is transferred; or
            (2) to such department or office is deemed to refer to the 
        department or office to which such function is transferred.

SEC. 302. ADDITIONAL TRANSFERS.

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

SEC. 303. EXERCISE OF AUTHORITIES.

    Except as otherwise provided by law, a Federal official to whom a 
function is transferred by this Act may, for purposes of performing the 
function, exercise all authorities under any other provision of law 
that were available with respect to the performance of that function to 
the official responsible for the performance of the function 
immediately before the effective date of the transfer of the function 
under this Act.

SEC. 304. SAVINGS PROVISIONS.

    (a) Legal Documents.--All orders, determinations, rules, 
regulations, permits, grants, loans, contracts, agreements, 
certificates, licenses, and privileges--
            (1) that have been issued, made, granted, or allowed to 
        become effective by the President, the Secretary of Commerce, 
        the United States Trade Representative, any officer or employee 
        of any office transferred by this Act, or any other Government 
        official, or by a court of competent jurisdiction, in the 
        performance of any function that is transferred by this Act, 
        and
            (2) that are in effect on the effective date of such 
        transfer (or become effective after such date pursuant to their 
        terms as in effect on such effective date),
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the President, any other authorized official, a court of competent 
jurisdiction, or operation of law.
    (b) Proceedings.--This Act shall not affect any proceedings or any 
application for any benefits, service, license, permit, certificate, or 
financial assistance pending on the date of the enactment of this Act 
before an office transferred by this Act, but such proceedings and 
applications shall be continued. Orders shall be issued in such 
proceedings, appeals shall be taken therefrom, and payments shall be 
made pursuant to such orders, as if this Act had not been enacted, and 
orders issued in any such proceeding shall continue in effect until 
modified, terminated, superseded, or revoked by a duly authorized 
official, by a court of competent jurisdiction, or by operation of law. 
Nothing in this subsection shall be construed to prohibit 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.
    (c) Suits.--This Act shall not affect suits commenced before the 
date of the enactment of this Act, and in all such suits, proceeding 
shall be had, appeals taken, and judgments rendered in the same manner 
and with the same effect as if this Act had not been enacted.
    (d) Nonabatement of Actions.--No suit, action, or other proceeding 
commenced by or against the Department of Commerce, the Secretary of 
Commerce, or the Office of the United States Trade Representative, or 
by or against any individual in the official capacity of such 
individual as an officer or employee of an office transferred by this 
Act, shall abate by reason of the enactment of this Act.
    (e) Continuance of Suits.--If any Government officer in the 
official capacity of such officer is party to a suit with respect to a 
function of the officer, and under this Act such function is 
transferred to any other officer or office, then such suit shall be 
continued with the other officer or the head of such other office, as 
applicable, substituted or added as a party.
    (f) Administrative Procedure and Judicial Review.--Except as 
otherwise provided by this Act, any statutory requirements relating to 
notice, hearings, action upon the record, or administrative or judicial 
review that apply to any function transferred by this Act shall apply 
to the exercise of such function by the head of the Federal agency, and 
other officers of the agency, to which such function is transferred by 
this Act.

SEC. 305. TRANSFER OF ASSETS.

    Except as otherwise provided in this Act, so much of the personnel, 
property, records, and unexpended balances of appropriations, 
allocations, and other funds employed, used, held, available, or to be 
made available in connection with a function transferred to an official 
or agency by this Act shall be available to the official or the head of 
that agency, respectively, at such time or times as the Director of the 
Office of Management and Budget directs for use in connection with the 
functions transferred.

SEC. 306. DELEGATION AND ASSIGNMENT.

    Except as otherwise expressly prohibited by law or otherwise 
provided in this Act, an official to whom functions are transferred 
under this Act (including the head of any office to which functions are 
transferred under this Act) may delegate any of the functions so 
transferred to such officers and employees of the office of the 
official as the official may designate, and may authorize successive 
redelegations of such functions as may be necessary or appropriate. No 
delegation of functions under this section or under any other provision 
of this Act shall relieve the official to whom a function is 
transferred under this Act of responsibility for the administration of 
the function.

SEC. 307. AUTHORITY OF DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET 
              WITH RESPECT TO FUNCTIONS TRANSFERRED.

    (a) Determinations.--If necessary, the Director of the Office of 
Management and Budget shall make any determination of the functions 
that are transferred under this Act.
    (b) Incidental Transfers.--The Director of the Office of Management 
and Budget, at such time or times as the Director shall provide, may 
make such determinations as may be necessary with regard to the 
functions 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, 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.

SEC. 308. CERTAIN VESTING OF FUNCTIONS CONSIDERED TRANSFERS.

    For purposes of this Act, the vesting of a function in a department 
or office pursuant to reestablishment of an office shall be considered 
to be the transfer of the function.

SEC. 309. AVAILABILITY OF EXISTING FUNDS.

    Existing appropriations and funds available for the performance of 
functions, programs, and activities terminated pursuant to this Act 
shall remain available, for the duration of their period of 
availability, for necessary expenses in connection with the termination 
and resolution of such functions, programs, and activities.

SEC. 310. DEFINITIONS.

    For purposes of this title--
            (1) the term ``function'' includes any duty, obligation, 
        power, authority, responsibility, right, privilege, activity, 
        or program; and
            (2) the term ``office'' includes any office, 
        administration, agency, bureau, institute, council, unit, 
        organizational entity, or component thereof.

                        TITLE IV--MISCELLANEOUS

SEC. 401. EFFECTIVE DATE.

    (a) In General.--This Act shall take effect on the last day of the 
6-month period beginning on the date of the enactment of this Act, 
except that--
            (1) sections 226 and 307 shall take effect on such date of 
        enactment; and
            (2) at any time after the date of the enactment of this Act 
        the officers provided for in title II of this Act may be 
        nominated and appointed, as provided in such title.
    (b) Interim Compensation and Expenses.--Funds available to the 
Department of Commerce or the Office of the United States Trade 
Representative (or any official or component thereof), with respect to 
the 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) 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. 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.
                                 <all>