[Congressional Bills 104th Congress]
[From the U.S. Government Printing 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.
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