[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[H.R. 2325 Introduced in House (IH)]
1st Session
H. R. 2325
To establish a Department of Trade.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 13, 1995
Mr. Roth (for himself, Mr. Bereuter, Mrs. Johnson of Connecticut, Mr.
Houghton, and Mr. Manzullo) introduced the following bill; which was
referred to the Committee on Government Reform and Oversight, and in
addition to the Committees on National Security, International
Relations, Banking and Financial Services, and Ways and Means, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To establish a Department of Trade.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Trade Establishment
Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--GENERAL PROVISIONS
Sec. 101. Definitions.
TITLE II--DEPARTMENT OF TRADE
Subtitle A--Establishment
Sec. 201. Establishment of Department.
Sec. 202. Functions of the Secretary.
Sec. 203. Bureau of Export Promotion.
Sec. 204. Bureau of Trade Policy.
Sec. 205. Bureau of Trade Administration.
Sec. 206. Deputy Secretary.
Sec. 207. Under Secretaries.
Sec. 208. Assistant Secretaries.
Sec. 209. General Counsel.
Sec. 210. Inspector General.
Subtitle B--Transfers to the Department
Sec. 221. Transfers from the Department of Commerce.
Sec. 222. Export-Import Bank.
Sec. 223. Overseas Private Investment Corporation.
Sec. 224. Trade and Development Agency.
Sec. 225. Consolidation of export promotion activities.
Subtitle C--Administrative Provisions
Sec. 231. Personnel provisions.
Sec. 232. Delegation and assignment.
Sec. 233. Succession.
Sec. 234. Reorganization.
Sec. 235. Rules.
Sec. 236. Working capital fund.
Sec. 237. Funds transfer.
Sec. 238. Contracts, grants, and cooperative agreements.
Sec. 239. Publications.
Sec. 240. Use of facilities.
Sec. 241. Field offices.
Sec. 242. Gifts and bequests.
Sec. 243. Seal of Department.
Sec. 244. Annual report.
Subtitle D--Related Agencies
Sec. 251. Interagency Trade Organization.
Sec. 252. National Security Council.
Sec. 253. International Monetary Fund.
Subtitle E--Conforming Provisions
Sec. 261. Amendments to other laws.
TITLE III--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS
Sec. 301. Transfer and allocations of appropriations and personnel.
Sec. 302. Incidental transfers.
Sec. 303. Effect on personnel.
Sec. 304. Savings provisions.
Sec. 305. Separability.
Sec. 306. Reference.
Sec. 307. Transition.
Sec. 308. Additional conforming amendments.
TITLE IV--MISCELLANEOUS
Sec. 401. Effective date.
Sec. 402. Interim appointments.
Sec. 403. Personnel and funding reductions resulting from
reorganization.
Sec. 404. Authorization of appropriations.
Sec. 405. Limitation on annual expenditures for continued functions.
TITLE I--GENERAL PROVISIONS
SEC. 101. DEFINITIONS.
As used in this Act, unless otherwise provided or indicated by the
context--
(1) the term ``Department'' means the Department of Trade;
(2) the term ``Secretary'' means the Secretary of Trade;
(3) the term ``function'' means any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program;
(4) the term ``administrative and support functions'' means
legal functions, investigative functions, budget preparation
and analysis functions, administrative functions, public
information functions, and congressional relations functions
carried out by a Federal agency, and such other support
services as may be determined by the head of such agency;
(5) the term ``executive department'' has the meaning given
to the term ``Executive department'' by section 101 of title 5,
United States Code;
(6) the term ``Federal agency'' has the meaning given to
the term ``agency'' by section 551(1) of such title; and
(7) the term ``office'' includes any office,
administration, agency, institute, unit, organizational entity,
or component thereof.
TITLE II--DEPARTMENT OF TRADE
Subtitle A--Establishment
SEC. 201. ESTABLISHMENT OF DEPARTMENT.
There is established an executive department to be known as the
Department of Trade. The Department shall be administered by a
Secretary of Trade, who shall be appointed by the President, by and
with the advice and consent of the Senate.
SEC. 202. FUNCTIONS OF THE SECRETARY.
(a) Functions.--In addition to the functions transferred to the
Secretary by this Act, such other functions as the President may assign
or delegate to the Secretary, and such other functions as the Secretary
may, after the effective date of this Act, be required to carry out by
law, the Secretary shall--
(1) serve as the principal advisor to the President on
international trade policy and advise the President on the
impact of other policies of the United States Government on
international trade;
(2) exercise primary responsibility, with the advice of the
interagency organization established under section 242 of the
Trade Expansion Act of 1962, for developing and implementing
international trade policy, including commodity matters and, to
the extent related to international trade policy, direct
investment matters and, in exercising such responsibility,
advance and implement the goals of the United States to--
(A) strengthen the ability of the United States to
compete in international markets, and
(B) expand United States exports through aggressive
promotion and marketing of United States products and
services as the primary mandate of the Department;
(3) exercise lead responsibility for the establishment of a
national export strategy, including policies designed to
implement such strategy;
(4) act as the principal spokesperson of the President on
international trade;
(5) advise the President and Congress with respect to
nontariff barriers to international trade, international
commodity agreements, and other matters which are related to
the trade agreements programs;
(6) with the advice of the interagency organization
established under section 242 of the Trade Expansion Act of
1962, issue policy guidance to other Federal agencies on
international trade, commodity, and direct investment
functions, including any matter considered under the auspices
of the World Trade Organization, to the extent necessary to
assure the coordination of international trade policy;
(7) analyze economic trends and developments in order to
understand and foster the conditions that enhance productivity,
growth, and competitiveness;
(8) report directly to the President and the Congress--
(A) on the administration of, and matters
pertaining to, the trade agreements program under
Omnibus Trade and Competitiveness Act of 1988, the
Trade Act of 1974, the Trade Expansion Act of 1962,
section 350 of the Tariff Act of 1930, and any other
provision of law enacted after this Act; and
(B) with respect to other important issues
pertaining to international trade; and
(9) serve as the principal advisor to the President on
government policies designed to contribute to enhancing the
ability of United States industry and services to compete in
international markets.
(b) Unfair Trade Practices.--(1) In carrying out functions with
respect to unfair trade practices, the Secretary shall--
(A) coordinate the application of interagency resources to
specific unfair trade practice cases;
(B) identify, and refer to the appropriate Federal
department or agency for consideration with respect to action,
each act, policy, or practice referred to in the report
required under section 181(b) of the Trade Act of 1974, or
otherwise known to the United States Trade Representative on
the basis of other available information, that may be an unfair
trade practice that either--
(i) is considered to be inconsistent with the
provisions of any trade agreement and has a significant
adverse impact on United States commerce, or
(ii) has a significant adverse impact on domestic
firms or industries that are either too small or
financially weak to initiate proceedings under the
trade laws;
(C) identify practices having a significant adverse impact
on United States commerce that the attainment of United States
negotiating objectives would eliminate; and
(D) identify, on a biennial basis, those United States
Government policies and practices that, if engaged in by a
foreign government, might constitute unfair trade practices
under United States law.
(2) For purposes of carrying out paragraph (1), the Secretary shall
be assisted by an interagency unfair trade practices advisory committee
composed of the Secretary, who shall chair the committee, and senior
representatives of the following agencies, appointed by the respective
heads of those agencies:
(A) The Bureau of Economics and Business Affairs of the
Department of State.
(B) The United States and Foreign Commercial Service of the
Department of Trade.
(C) The Foreign Agricultural Service of the Department of
Agriculture.
The Secretary may also request the advice of the United States
International Trade Commission regarding the carrying out of paragraph
(1).
(3) For purposes of this subsection, the term ``unfair trade
practice'' means any act, policy, or practice that--
(A) may be a subsidy with respect to which countervailing
duties may be imposed under subtitle A of title VII of the
Tariff Act of 1930;
(B) may result in the sale or likely sale of foreign
merchandise with respect to which antidumping duties may be
imposed under subtitle B of title VII of the Tariff Act of
1930;
(C) may be either an unfair method of competition, or an
unfair act in the importation of articles into the United
States, that is unlawful under section 337 of the Tariff Act of
1930; or
(D) may be an act, policy, or practice of a kind with
respect to which action may be taken under title III of the
Trade Act of 1974.
(c) Interagency Organization.--The Secretary shall be the
Chairperson of the interagency organization established under section
242 of the Trade Expansion Act of 1962.
(d) National Security Council.--The Secretary shall be a member of
the National Security Council and the National Economic Council.
(e) Advisory Council.--The Secretary shall be Deputy Chairman of
the National Advisory Council on International Monetary and Financial
Policies established under Executive Order 11269, issued February 14,
1966.
(f) Agriculture.--The Secretary shall consult with the Secretary of
Agriculture or the designee of the Secretary of Agriculture on all
matters which potentially involve international trade in agricultural
products.
(g) TPCC.--The Secretary shall be Chairperson of the Trade
Promotion Coordinating Committee.
SEC. 203. BUREAU OF EXPORT PROMOTION.
(a) Establishment.--There is established within the Department, the
Bureau of Export Promotion. The Bureau of Export Promotion shall be
administered by the Under Secretary for Export Promotion who shall be
appointed by the President, by and with the advice and consent of the
Senate. The Secretary, through the Under Secretary for Export
Promotion, shall perform all functions (other than administrative and
support functions) transferred to the Secretary under sections
221(3)(A), 222, 223, and 224. The Bureau of Export Promotion shall be
the agency of the Government primarily responsible for the promotion of
exports.
(b) Agencies Within Bureau.--The United States and Foreign
Commercial Service is established in the Bureau of Export Promotion.
The Commercial Service shall be administered by an Assistant Secretary,
who shall serve as Director General of the United States and Foreign
Service, and who shall be appointed by the President, by and with the
advice and consent of the Senate. The Commercial Service shall perform
the functions of the United States and Foreign Commercial Service
transferred under section 221(3)(A).
SEC. 204. BUREAU OF TRADE POLICY.
There is established within the Department the Bureau of Trade
Policy. The Bureau of Trade Policy shall be administered by the Under
Secretary for Trade Policy who shall be appointed by the President, by
and with the advice and consent of the Senate. The Secretary, through
the Under Secretary for Trade Policy, shall perform all functions
(other than administrative and support functions) transferred to the
Secretary under section 221(3)(B). The Under Secretary for Trade Policy
shall advise the Secretary on international trade and economic policy
and provide assistance to the United States Trade Representative in
multilateral and bilateral trade negotiations.
SEC. 205. BUREAU OF TRADE ADMINISTRATION.
(a) Establishment.--There is established within the Department the
Bureau of Trade Administration. The Bureau of Trade Administration
shall be administered by the Under Secretary for Trade Administration
who shall be appointed by the President, by and with the advice and
consent of the Senate. The Secretary, through the Under Secretary of
the Bureau of Trade Administration, shall perform all functions (other
than administrative and support functions) transferred to the Secretary
under section 221(3)(C). The Bureau of Trade Administration shall be
responsible for overseeing and enforcing all trade laws and agreements
of which the United States is a party.
(b) Agencies Within Bureau.--(1) There is established within the
Bureau of Trade Administration the--
(A) Export Administration; and
(B) Import Administration.
(2) Each administration established under paragraph (1) (A) and (B)
shall be administered by an Assistant Secretary who shall be appointed
by the President, by and with the consent of the Senate.
SEC. 206. DEPUTY SECRETARY.
(a) Appointment.--There shall be in the Department a Deputy
Secretary of Trade, who shall be appointed by the President, by and
with the advice and consent of the Senate.
(b) Functions.--The Deputy Secretary shall act for and exercise the
functions of the Secretary during the absence or disability of the
Secretary or in the event the office of Secretary becomes vacant. The
Deputy Secretary
shall act for and exercise the functions of the Secretary until the
absence or disability of the Secretary no longer exists or a successor
to the Secretary has been appointed by the President and confirmed by
the Senate.
SEC. 207. UNDER SECRETARIES.
(a) Appointment.--There shall be in the Department three Under
Secretaries of Trade, who shall be appointed by the President, by and
with the advice and consent of the Senate.
(b) Functions.--Each Under Secretary of Trade shall perform such
functions as the Secretary may prescribe.
SEC. 208. ASSISTANT SECRETARIES.
(a) Appointment.--There shall be in the Department 6 Assistant
Secretaries of Trade, who shall be appointed by the President, by and
with the advice and consent of the Senate.
(b) Functions.--Each Assistant Secretary of Trade shall perform
such functions as the Secretary may prescribe.
SEC. 209. GENERAL COUNSEL.
There shall be in the Department a General Counsel, who shall be
appointed by the President, by and with the advice and consent of the
Senate. The General Counsel shall provide legal assistance to the
Secretary concerning the activities, programs, and policies of the
Department.
SEC. 210. INSPECTOR GENERAL.
There shall be in the Department an Inspector General who shall be
appointed in accordance with the Inspector General Act of 1978, as
amended by section 471(b) of this Act.
Subtitle B--Transfers to the Department
SEC. 221. TRANSFERS FROM THE DEPARTMENT OF COMMERCE.
There are transferred to the Secretary--
(1) trade-related functions of the Secretary of Commerce;
(2) trade-related functions of the Department of Commerce;
(3) all functions of, and all functions performed under the
direction of, the following officers and employees of the
Department of Commerce:
(A) the Under Secretary of Commerce for
International Trade, the Director General of the United
States and Foreign Commercial Service, the Under
Secretary of Commerce for Travel and Tourism, and the
Assistant Secretary of Commerce for Tourism Marketing;
(B) the Assistant Secretary of Commerce for
International Economic Policy, and the Assistant
Secretary of Commerce for Trade Development; and
(C) the Under Secretary for Export Administration
and the Assistant Secretary for Import Administration;
and
(4) those functions of the United States Trade
Representative performed under sections 181 and 182 and title
III of the Trade Act of 1974.
SEC. 222. EXPORT-IMPORT BANK.
(a) Board of Directors.--Section 3(c)(1) of the Export-Import Bank
Act of 1945 (12 U.S.C. 635a(c)(1)) is amended to read as follows:
``(c)(1) There shall be a Board of Directors of the Bank consisting
of the Secretary of Trade (who shall serve as Chairman), the President
of the Export-Import Bank of the United States (who shall serve as Vice
Chairman), the first Vice President, and 2 additional persons appointed
by the President of the United States, by and with the advice and
consent of the Senate.''.
(b) Assistance of United States and Foreign Commercial Service.--
Section 2301(h) of the Omnibus Trade and Competitiveness Act of 1988
(15 U.S.C. 4721(h)) is amended to read as follows:
``(h) Assistance to Export-Import Bank.--The Commercial Service
shall provide, at its district offices in the United States, such
services as the Under Secretary of Trade for Export Promotion
determines necessary to assist the Export-Import Bank of the United
States in carrying out the lending, loan guarantee, insurance, and
other activities of the Bank.''.
SEC. 223. OVERSEAS PRIVATE INVESTMENT CORPORATION.
(a) Policy Guidance.--Section 231 of the Foreign Assistance Act of
1961 (22 U.S.C. 2191) is amended in the first paragraph--
(1) by striking ``To mobilize'' and inserting ``To increase
exports to, and to mobilize'';
(2) by striking ``of less developed'' and inserting ``of,
less developed'';
(3) by inserting ``trade policy and'' after ``complementing
the''; and
(4) by inserting ``and the Secretary of Trade'' after
``Secretary of State''.
(b) Board of Directors.--The second and third sentences of section
233(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2193(b)) are
amended to read as follows: ``The Secretary of Trade shall be the
Chairman of the Board. The Administrator of the Agency for
International Development (who shall serve as Vice Chairman) and the
United States Trade Representative shall serve on the Board.''.
SEC. 224. TRADE AND DEVELOPMENT AGENCY.
There are transferred to the Secretary all functions of the
Director of the Trade and Development Agency. There are transferred to
the Department all functions of the Trade and Development Agency.
SEC. 225. CONSOLIDATION OF EXPORT PROMOTION ACTIVITIES.
(a) Submission of Plan.--Within 180 days after the date of the
enactment of this Act, the President shall transmit to the Congress a
comprehensive plan to consolidate Federal nonagricultural export
promotion activities and to transfer those functions to the Department.
The plan shall provide for--
(1) the elimination of the overlap and duplication among
all Federal nonagricultural export promotion activities;
(2) a unified budget for Federal nonagricultural export
promotion activities which eliminates funding for the areas of
overlap and duplication identified under paragraph (1); and
(3) a long-term agenda for developing cooperation between
State and Federal programs and activities designed to stimulate
or assist United States businesses in exporting nonagricultural
goods or services that are products of the United States,
including sharing of facilities, costs, and cost-sharing
between Federal and State export market research data.
(b) Plan Elements.--The plan under subsection (a) shall--
(1) place all Federal nonagricultural export promotion
activities within the Department;
(2) provide clear authority for the Secretary of Trade to
use the expertise and assistance of other United States
Government agencies;
(3) achieve an overall 25 percent reduction in the amount
of funding for all Federal nonagricultural export promotion
activities within 2 years after the enactment of this Act;
(4) provide for the transfer to the Department of Trade of
any statistical or analytical functions of the Department of
Commerce or any other Federal department or agency that are
necessary for the Department of Trade to carry out its
functions; and
(5) include any functions of the Department of Commerce not
transferred by this Act the transfer of which to the Department
of Trade would be necessary to the competitiveness of the
United States in international trade.
(c) Definition.--As used in this section, the term ``Federal
nonagricultural export promotion activities''--
(1) means all programs or activities of any department or
agency of the Federal Government (including, but not limited
to, departments and agencies with representatives on the Trade
Promotion Coordinating Committee established under section 2312
of the Export Enhancement Act of 1988 (15 U.S.C. 4727)) that
are designed to stimulate or assist United States businesses in
exporting nonagricultural goods or services that are products
of the United States, including trade missions; and
(2) does not include programs or activities of the Export-
Import Bank of the United States and the Overseas Private
Investment Corporation.
Subtitle C--Administrative Provisions
SEC. 231. PERSONNEL PROVISIONS.
(a) Appointment.--The Secretary may appoint and fix the
compensation of such officers and employees, including investigators,
attorneys, and administrative law judges, as may be necessary to carry
out the functions of the Secretary and the Department. Except as
otherwise provided by law, such officers and employees shall be
appointed in accordance with the civil service laws and their
compensation fixed in accordance with title 5, United States Code.
(b) Positions Above GS-15.--(1) At the request of the Secretary,
the Director of the Office of Personnel Management shall, under section
5108 of title 5, United States Code, provide for the establishment in a
grade level above GS-15 of the General Service, and in the Senior
Executive Service, of a number of positions in the Department equal to
the number of positions in that grade level which were used primarily
for the performance of functions and offices transferred by this Act
and which were assigned and filled on the day before the effective date
of this Act.
(2) Appointments to positions provided for under this subsection
may be made without regard to the provisions of section 3324 of title
5, United States Code, if the individual appointed in such position is
an individual who is transferred in connection with the transfer of
functions and offices under this Act and, on the day before the
effective date of this Act, holds a position and has duties comparable
to those of the position to which appointed under this subsection.
(3) The authority under this subsection with respect to any
position established at a grade level above GS-15 shall terminate when
the person first appointed to fill such position ceases to hold such
position.
(4) For purposes of section 414(a)(3)(A) of the Civil Service
Reform Act of 1978, an individual appointed under this subsection shall
be deemed to occupy the same position as the individual occupied on the
day before the effective date of this Act.
(c) Experts and Consultants.--The Secretary may obtain the services
of experts and consultants in accordance with section 3109 of title 5,
United States Code, and compensate such experts and consultants for
each day (including traveltime) at rates not in excess of the maximum
rate of pay for a position at a grade level above GS-15 of the General
Schedule under section 5332 of such title. The Secretary may pay
experts and consultants who are serving away from their homes or
regular place of business travel expenses and per diem in lieu of
subsistence at rates authorized by sections 5702 and 5703 of such title
for persons in Government service employed intermittently.
(d) Voluntary Services.--(1)(A) The Secretary is authorized to
accept voluntary and uncompensated services without regard to the
provisions of section 1342 of title 31, United States Code, if such
services will not be used to displace Federal employees employed on a
full-time, part-time, or seasonal basis.
(B) The Secretary is authorized to accept volunteer service in
accordance with the provisions of section 3111 of title 5, United
States Code.
(2) The Secretary is authorized to provide for incidental expenses,
including but not limited to transportation, lodging, and subsistence
for individuals who provide voluntary services under subparagraph (A)
or (B) of paragraph (1).
(3) An individual who provides voluntary services under paragraph
(1)(A) shall not be considered a Federal employee for any purpose other
than for purposes of chapter 81 of title 5, United States Code,
relating to compensation for work injuries, and chapter 171 of title
28, United States Code, relating to tort claims.
(e) Foreign Service Positions.--In order to assure United States
representation in trade matters at a level commensurate with the level
of representation maintained by industrial nations which are major
trade competitors of the United States, the Secretary of State shall
classify certain positions at Foreign Service posts as commercial
minister positions and shall assign members of the Foreign Service
performing functions of the Department of Trade, with the concurrence
of the Secretary of Trade, to such positions in nations which are major
trade competitors of the United States. The Secretary of State shall
obtain and use the recommendations of the Secretary of Trade with
respect to the number of positions to be so classified under this
subsection.
SEC. 232. DELEGATION AND ASSIGNMENT.
Except where otherwise expressly prohibited by law or otherwise
provided by this Act, the Secretary may delegate any of the functions
transferred to the Secretary by this Act and any function transferred
or granted to the Secretary after the effective date of this Act to
such officers and employees of the Department as the Secretary may
designate, and may authorize successive redelegations of such functions
as may be necessary or appropriate. No delegation of functions by the
Secretary under this section or under any other provision of this Act
shall relieve the Secretary of responsibility for the administration of
such functions.
SEC. 233. SUCCESSION.
(a) Order of Succession.--Subject to the authority of the
President, and except as provided in section 206(b), the Secretary
shall prescribe the order by which officers of the Department who are
appointed by the President, by and with the advice and consent of the
Senate, shall act for, and perform the functions of, the Secretary or
any other officer of the Department appointed by the President, by and
with the advice and consent of the Senate, during the absence or
disability of the Secretary or such other officer, or in the event of a
vacancy in the office of the Secretary or such other officer.
(b) Continuation of Service of Acting Officers.--Notwithstanding
any other provision of law, and unless the President directs otherwise,
an individual acting for the Secretary or another officer of the
Department pursuant to subsection (a) shall continue to serve in that
capacity until the absence or disability of the Secretary or such other
officer no longer exists or a successor to the Secretary or such other
officer has been appointed by the President and confirmed by the
Senate.
SEC. 234. REORGANIZATION.
(a) In General.--Subject to subsection (b), the Secretary is
authorized to allocate or reallocate functions among the officers of
the Department, and to establish, consolidate, alter, or discontinue
such organizational entities in the Department as may be necessary or
appropriate.
(b) Prior Notification of Congressional Committees.--Except as
provided in subsection (c), the Secretary may establish, consolidate,
alter, or discontinue any organizational entity in the Department or
allocate or reallocate any function of an officer or employee of the
Department upon the expiration of a period of 60 days after the receipt
by the Committee on Finance and the Committee on Governmental Affairs
of the Senate and the Speaker of the House of Representatives of notice
by the Secretary containing a full and complete statement of the action
proposed to be taken pursuant to this section and the facts and
circumstances relied upon in support of such proposed action.
SEC. 235. RULES.
The Secretary is authorized to prescribe, in accordance with the
provisions of chapters 5 and 6 of title 5, United States Code, such
rules and regulations as the Secretary determines necessary or
appropriate to administer and manage the functions of the Secretary or
the Department.
SEC. 236. WORKING CAPITAL FUND.
(a) Establishment and Purpose.--The Secretary is authorized to
establish for the Department a working capital fund, to be available
without fiscal year limitation, for expenses necessary for the
maintenance and operation of such common administrative services as the
Secretary shall find to be desirable in the interest of economy and
efficiency, including--
(1) a central supply service for stationery and other
supplies and equipment for which adequate stocks may be
maintained to meet in whole or in part the requirements of the
Department and its components;
(2) central messenger, mail, and telephone service and
other communications services;
(3) office space, central services for document
reproduction and for graphics and visual aids;
(4) a central library service; and
(5) such other services as may be approved by the Director
of the Office of Management and Budget.
(b) Operation of the Fund.--The capital of the fund shall consist
of any appropriations made for the purpose of providing working capital
and the fair and reasonable value of such stocks of supplies,
equipment, and other assets and inventories on order as the Secretary
may transfer to the fund, less the related liabilities and unpaid
obligations. The fund shall be reimbursed in advance from available
funds of agencies and offices in the Department, or from other sources,
for supplies and services at rates which will approximate the expense
of operation, including the accrual of annual leave and the
depreciation of equipment. The fund shall also be credited with
receipts from sale or exchange of property and receipts in payment for
loss or damage to property owned by the fund. There shall be covered
into the United States Treasury as miscellaneous receipts any surplus
of the fund (all assets, liabilities, and prior losses considered)
above the amounts transferred or appropriated to establish and maintain
the fund. There shall be transferred to the fund the stocks of
supplies, equipment, other assets, liabilities, and unpaid obligations
relating to those services which the Secretary determines will be
performed.
SEC. 237. FUNDS TRANSFER.
The Secretary may, when authorized in an appropriation Act in any
fiscal year, transfer funds from one appropriation to another within
the Department, except that no appropriation for any fiscal year shall
be either increased or decreased by more than 10 per centum and no such
transfer shall result in increasing any such appropriation above the
amount authorized to be appropriated therefor.
SEC. 238. CONTRACTS, GRANTS, AND COOPERATIVE AGREEMENTS.
(a) In General.--Subject to the provisions of the Federal Property
and Administrative Services Act of 1949, the Secretary may make, enter
into, and perform such contracts, leases, cooperative agreements,
grants, or other similar transactions with public agencies, private
organizations, and persons, and make payments (in lump sum or
installments, and by way of advance or reimbursement, and, in the case
of any grant, with necessary adjustments on account of overpayments and
underpayments) as the Secretary considers necessary or appropriate to
carry out the functions of the Secretary or the Department.
(b) Subject to Appropriations.--Notwithstanding any other provision
of this Act, the authority to enter into contracts or to make payments
under this subtitle shall be effective only to such extent or in such
amounts as are provided in advance in appropriation Acts. This
subsection does not apply with respect to the authority granted under
section 242.
SEC. 239. PUBLICATIONS.
Subject to such procedures of the Director of the Office of
Management and Budget may prescribe, the Secretary may disseminate in
the form of reports or publications such information as the Secretary
considers appropriate.
SEC. 240. USE OF FACILITIES.
(a) Use by Secretary.--With their consent, the Secretary, with or
without reimbursement, may use the research, services, equipment, and
facilities of--
(1) an individual,
(2) any public or private nonprofit agency or organization,
including any agency or instrumentality of the United States or
of any State, the District of Columbia, the Commonwealth of
Puerto Rico, or any territory or possession of the United
States,
(3) any political subdivision of any State, the District of
Columbia, the Commonwealth of Puerto Rico, or any territory or
possession of the United States, or
(4) any foreign government,
in carrying out any function of the Secretary or the Department.
(b) Use of Department Facilities by Other Entities.--The Secretary,
under terms, at rates, and for periods that the Secretary considers to
be in the public interest, may permit the use by public and private
agencies, corporations, associations or other organizations, or by
individuals, of any real property, or any facility, structure or other
improvement thereon, under the custody of the Secretary. The Secretary
may require permittees under this section to maintain or recondition,
at their own expense, the real property, facilities, structures, and
improvements used by such permittees.
SEC. 241. FIELD OFFICES.
(a) In General.--Subject to subsection (b), the Secretary may
establish, alter, consolidate, maintain, or discontinue State,
regional, district, local, or other field offices as the Secretary
finds necessary or appropriate to perform any function of the Secretary
or the Department.
(b) Prior Notification of Congressional Committees.--The Secretary
may establish, alter, consolidate, maintain, or discontinue State,
regional, district, local, or other field offices under subsection (a)
upon the expiration of a period of 60 days after the receipt by the
Committee on Finance and the Committee on Governmental Affairs of the
Senate and the Speaker of the House of Representatives of notice by the
Secretary containing a full and complete statement of the action
proposed to be taken pursuant to this section and the facts and
circumstances relied upon in support of such proposed action.
SEC. 242. GIFTS AND BEQUESTS.
(a) In General.--The Secretary is authorized to accept, hold,
administer, and utilize gifts and bequests of property, both real and
personal, for the purpose of aiding or facilitating the work of the
Department. Gifts and bequests of money and the proceeds from sales of
other property received as gifts or bequests shall be deposited in the
United States Treasury in a separate fund and shall be disbursed on
order of the Secretary. Property accepted pursuant to this subsection,
and the proceeds thereof, shall be used as nearly as possible in
accordance with the terms of the gift or bequest.
(b) Tax Treatment.--For the purpose of Federal income, estate, and
gift taxes, and State taxes, property accepted under subsection (a)
shall be considered a gift or bequest to or for use of the United
States.
(c) Investment.--Upon the request of the Secretary, the Secretary
of the Treasury may invest and reinvest in securities of the United
States or in securities guaranteed as to principal and interest by the
United States any moneys contained in the fund provided for in
subsection (a). Income accruing from such securities, and from any
other property held by the Secretary pursuant to subsection (a), shall
be deposited to the credit of the fund, and shall be disbursed upon
order of the Secretary.
SEC. 243. SEAL OF DEPARTMENT.
The Secretary shall cause a seal of office to be made for the
Department of such design as the Secretary shall approve. Judicial
notice shall be taken of such seal.
SEC. 244. ANNUAL REPORT.
The Secretary shall, as soon as practicable after the end of each
fiscal year, prepare and transmit a written report to the President for
transmission to the Congress on the activities of the Department during
such fiscal year.
Subtitle D--Related Agencies
SEC. 251. INTERAGENCY TRADE ORGANIZATION.
Section 242(a) of the Trade Expansion Act of 1962 (19 U.S.C.
1872(a)) is amended--
(1) in paragraph (2)(B) by striking ``Trade
Representative'' and inserting ``Secretary of Trade''; and
(2) by amending paragraph (3) to read as follows:
``(3)(A) The interagency organization established under
subsection (a) shall be composed of--
``(i) the Secretary of Trade, who shall be
Chairperson,
``(ii) the Trade Representative,
``(iii) the Secretary of Agriculture,
``(iv) the Secretary of the Treasury,
``(v) the Secretary of Labor,
``(vi) the Secretary of State, and
``(vii) the representatives of such other
departments and agencies as the Secretary of Trade
shall designate.
``(B) The Secretary of Trade may invite representatives
from other agencies, as appropriate, to attend particular
meetings if subject matters of specific functional interest to
such agencies are under consideration. It shall meet at such
times and with respect to such matters as the President or the
Chairperson shall direct.''.
SEC. 252. NATIONAL SECURITY COUNCIL.
The fourth paragraph of section 101(a) of the National Security Act
of 1947 (50 U.S.C. 402(a)) is amended--
(1) by redesignating clauses (5), (6), and (7) as clauses
(6), (7), and (8), respectively; and
(2) by inserting after clause (4) the following new clause:
``(5) the Secretary of Trade;''.
SEC. 253. INTERNATIONAL MONETARY FUND.
Section 3 of the Bretton Woods Agreement Act is amended by adding
at the end thereof the following new subsection:
``(e) The United States executive director of the Fund shall
consult with the Secretary of Trade with respect to matters under
consideration by the Fund which relate to trade.''.
Subtitle E--Conforming Provisions
SEC. 261. AMENDMENTS TO OTHER LAWS.
(a) Amendments Relating to Export Promotion.--(1) Section 2312(d)
of the Export Enhancement Act of 1988 (15 U.S.C. 4727(d)) is amended--
(A) in paragraph (1)(A) by striking ``Commerce'' and
inserting ``Trade''; and
(B) in paragraph (2) by striking ``Commerce'' and inserting
``Trade''.
(2) Section 2313 of the Export Enhancement Act of 1988 (15 U.S.C.
4728) is amended--
(A) in subsection (b)--
(i) in paragraph (1) by striking ``Coordination''
and inserting ``Coordinating''; and
(ii) in paragraph (3) by striking ``Commerce'' and
inserting ``Trade''; and
(B) in subsection (c) by striking ``Commerce'' and
inserting ``Trade''.
(3) Section 2301 of the Export Enhancement Act of 1988 (15 U.S.C.
4721) is amended in subsections (b)(9) and (f) by striking ``Program''
and inserting ``Agency''.
(b) Other Amendments.--The following provisions of law are amended:
(1) Section 19(d)(1) of title 3, United States Code, is
amended by inserting ``Secretary of Trade,'' before ``Secretary
of Labor''.
(2) Section 101 of title 5, United States Code, is amended
by adding at the end the following:
``The Department of Trade.''.
(3) Section 5312 of such title 5 is amended by adding at
the end the following:
``Secretary of Trade.''.
(4) Section 5313 of title 5, United States Code, is amended
by adding at the end the following:
``Deputy Secretary, Department of Trade.''.
(5) Section 5314 of such title 5 is amended by adding at
the end the following:
``Under Secretaries of Trade (3).
``Deputy Secretary of Trade.''.
(6) Section 5315 of such title 5 is amended by adding at
the end thereof the following:
``Assistant Secretaries of Trade (6).
``General Counsel, Department of Trade.
``President of the Export-Import Bank of the United States.
``President of the Overseas Private Investment
Corporation.''.
(7) Section 5316 of such title 5 is amended by adding at
the end thereof the following:
``Inspector General, Department of Trade.''.
(8) The Inspector General Act of 1978 is amended--
(A) in subsection 9(a)(1)--
(i) by redesignating subparagraphs (C)
through (H) as subparagraphs (B) through (G),
respectively; and
(ii) by inserting before subparagraph (I)
the following:
``(H) of the Department of Trade, all functions of the
Inspector General of the Department of Commerce and the Office
of the Inspector General of the Department of Commerce relating
to the functions transferred to the Secretary of Trade by
section 431 of the Department of Commerce Dismantling and
Department of Trade Establishment Act;''; and
(B) by inserting ``Trade,'' after ``Interior,''
each place it appears in section 11.
(9) Section 141 of the Trade Act of 1974 (19 U.S.C. 2171)
is amended--
(A) in subsection (c)--
(i) in paragraph (1)--
(I) by striking subparagraphs (A),
(B), (D), (E), (F), (G), and (I) and
redesignating subparagraphs (C), (H),
and (J) as subparagraphs (A), (B), and
(C), respectively;
(II) in subparagraph (B), as so
redesignated, by striking
``subparagraphs (C) and (F)'' and
inserting ``subparagraph (A)''; and
(III) in subparagraph (C), as so
redesignated, by striking ``in
addition'' and all that follows through
``1988,'';
(ii) by redesignating paragraphs (2)
through (4) as paragraphs (3) through (5),
respectively; and
(iii) by inserting after paragraph (1) the
following:
``(2) The United States Trade Representative shall carry out the
functions under paragraph (1) under the policy guidance of the
Secretary of Trade.''; and
(iv) in subparagraph (A) of paragraph (3)
(as so redesignated), by striking ``the senior
representative on'' and inserting ``a member
of''; and
(B) by striking subsection (d) and redesignating
subsections (e) through (g) as subsections (d) through
(f), respectively.
(10) The Foreign Service Act of 1980 is amended by striking
paragraph (3) of section 202(a) (22 U.S.C. 3922(a)) and
inserting the following:
``(3) The Secretary of Trade may use the Foreign Service
personnel system in accordance with this title--
``(A) with respect to the personnel performing
functions--
``(i) which were transferred to the
Department of Commerce from the Department of
State by Reorganization Plan No. 3 of 1979; and
``(ii) which were subsequently transferred
to the Secretary of Trade by section 221 of the
Department of Commerce Dismantling and
Department of Trade Establishment Act; and
``(B) with respect to other personnel of the
Department of Trade to the extent the President
determines to be necessary in order to enable the
Department of Trade to carry out functions which
require service abroad.''.
(11)(A) Section 201 of the International Travel Act of 1961
(22 U.S.C. 2122) is amended by striking ``Commerce'' and
inserting ``Trade''.
(B) Section 202(a)(13) of such Act (22 U.S.C. 2123(a)(13))
is amended by striking ``Commerce'' and inserting ``Trade''.
(C) Section 301 of such Act (22 U.S.C. 2124) is amended to
read as follows:
``Sec. 301. All duties and responsibilities of the Secretary under
this Act shall be exercised directly by the Secretary or by the
Secretary through the Assistant Secretary of Trade for the United
States and Foreign Commercial Service.''.
(D) Section 302(b)(1) of such Act (22 U.S.C. 2124a(b)(1))
is amended--
(i) by striking ``Commerce'' in subparagraph (A)
and inserting ``Trade'';
(ii) by striking ``Under Secretary'' and inserting
``Assistant Secretary of Trade'' in subparagraph (B);
and
(iii) by striking subparagraph (D) and inserting the
following:
``(D) an individual designated by the Secretary of Trade
from the Department of Trade;''.
(E) Section 303(f) of such Act (22 U.S.C. 2124b(f)) is
amended by striking ``and shall advise the Assistant Secretary
of Trade for the United States and Foreign Commercial Service
with respect to the preparation of the marketing plan under
section 202(a)(15)''.
TITLE III--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS
SEC. 301. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.
Except as otherwise provided in this Act, the personnel employed in
connection with, and the assets, liabilities, contracts, property,
records, and unexpended balances of appropriations, authorizations,
allocations, and other funds employed, used, held, arising from,
available to, or to be made available in connection with the functions
and offices transferred by this Act, subject to section 1531 of title
31, United States Code, shall be transferred to the head of the Federal
agency to which such functions or offices are transferred by this Act.
Unexpended funds transferred pursuant to this section shall be used
only for the purposes for which the funds were originally authorized
and appropriated.
SEC. 302. INCIDENTAL TRANSFERS.
(a) In General.--The Director of the Office of Management and
Budget, at such time or times as the Director shall provide, is
authorized to make such determinations as may be necessary with regard
to the functions and offices transferred by this Act, and to make such
additional incidental dispositions of personnel, assets, liabilities,
grants, contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds held,
used, arising from, available to, or to be made available in connection
with such functions and offices, as may be necessary to carry out the
provisions of this Act. The Director shall provide for the termination
of the affairs of all entities terminated by this Act and for such
further measures and dispositions as may be necessary to effectuate the
purposes of this Act.
(b) Transfers Relating to SES.--After consultation with the
Director of the Office of Personnel Management, the Director of the
Office of Management and Budget is authorized, at such times as the
Director of the Office of Management and Budget may provide, to make
such determinations as may be necessary with regard to the transfer of
positions within the Senior Executive Service in connection with the
functions and offices transferred by this Act.
SEC. 303. EFFECT ON PERSONNEL.
(a) In General.--Except as otherwise provided by this Act, the
transfer pursuant to this Act of full-time personnel (except special
Government employees) and part-time personnel holding permanent
positions shall not cause any such employee to be separated or reduced
in grade or compensation for 1 year after the date of transfer of such
employee under this Act.
(b) Executive Schedule Positions.--Any person who, on the day
preceding the effective date of this Act, held a position compensated
in accordance with the Executive Schedule prescribed in chapter 53 of
title 5, United States Code, and who, without a break in service, is
appointed in a Federal agency to which functions are transferred by
this Act to a position having duties comparable to the duties performed
immediately preceding such appointment shall continue to be compensated
in such new position at not less than the rate provided for such
previous position, for the duration of the service of such person in
such new position.
(c) Terminations.--Except for members of the Foreign Service,
positions whose incumbents are appointed by the President, by and with
the advice and consent of the Senate, the functions of which are
transferred by this Act, shall terminate on the effective date of this
Act.
SEC. 304. SAVINGS PROVISIONS.
(a) Continuation of Effect of Legal Documents.--All orders,
determinations, rules, regulations, permits, agreements, grants,
contracts, certificates, licenses, registrations, privileges, and other
administrative actions--
(1) which have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
the performance of functions which are transferred under this
Act, and
(2) which are in effect at the time this Act takes effect,
or were final before the effective date of this Act and are to
become effective on or after the effective date of this Act,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the head of the Federal agency to which such functions
are transferred under this Act or other authorized official, a court of
competent jurisdiction, or by operation of law.
(b) Proceedings Not Affected.--(1) The provisions of this Act shall
not affect any proceedings, including notices of proposed rule making,
or any application for any license, permit, certificate, or financial
assistance pending on the effective date of this Act before the
Department of Commerce or the Office of the United States Trade
Representative, or any office thereof with respect to functions
transferred by this Act; but such proceedings or applications, to the
extent that they relate to functions transferred, shall be continued.
Orders shall be issued in such proceedings, appeals shall be taken
therefrom, and payments shall be made under such orders, as if this Act
had not been enacted; and orders issued in any such proceedings shall
continue in effect until modified, terminated, superseded, or revoked
by the head of the Federal agency to which such functions are
transferred by this Act, by a court of competent jurisdiction, or by
operation of law. Nothing in this subsection prohibits the
discontinuance or modification of any such proceeding under the same
terms and conditions and to the same extent that such proceeding could
have been discontinued or modified if this Act had not been enacted.
(2) The Secretary of Commerce, the United States Trade
Representative, and the head of each Federal agency to which functions
are transferred by this Act are authorized to issue regulations
providing for the orderly transfer of proceedings continued under
paragraph (1).
(c) Suits Not Affected.--Except as provided in subsection (e)--
(1) the provisions of this Act do not affect actions
commenced prior to the effective date of this Act, and
(2) in all such actions, proceedings shall be had, appeals
taken, and judgments rendered in the same manner and effect as
if this Act had not been enacted.
(d) Nonabatement of Actions.--No action or other proceeding
commenced by or against any officer in his official capacity as an
officer of the Department of Commerce or the Office of United States
Trade Representative with respect to functions transferred by this Act
shall abate by reason of the enactment of this Act. No cause of action
by or against the Department of Commerce or the Office of United States
Trade Representative with respect to functions transferred by this Act,
or by or against any officer thereof in his official capacity, shall
abate by reason of the enactment of this Act. Causes of action and
actions with respect to a function or office transferred by this Act,
or other proceedings may be asserted by or against the United States or
an official of the Federal agency to which such function or office is
transferred by this Act, as may be appropriate, and, in an action
pending when this Act takes effect, the court may at any time, on its
own motion or that of any party, enter an order which will give effect
to the provisions of this subsection.
(e) Officers as Parties to Actions.--If, before the date on which
this Act takes effect, the Department of Commerce or the Office of the
United States Trade Representative, or any officer thereof in his
official capacity, is a party to an action, and under this Act any
function of such Department, Office, or officer is transferred to a
Federal agency, then such action shall be continued with the head of
such agency substituted or added as a party.
(f) Judicial Review.--Orders and actions of the head of a Federal
agency in the exercise of functions transferred to the head of such
agency by this Act shall be subject to judicial review to the same
extent and in the same manner as if such orders and actions had been by
the Department of Commerce or the Office of the United States Trade
Representative, or any office or officer thereof, in the exercise of
such functions immediately preceding their transfer. Any statutory
requirements relating to notice, hearings, action upon the record, or
administrative review that apply to any function transferred by this
Act shall apply to the exercise of such function by the head of the
Federal agency to which such function is transferred by this Act.
SEC. 305. SEPARABILITY.
If a provision of this Act or its application to any person or
circumstance is held invalid, neither the remainder of this Act nor the
application of the provision to other persons or circumstances shall be
affected.
SEC. 306. REFERENCE.
With respect to any functions transferred by this Act and exercised
after the effective date of this Act, reference in any other Federal
law to--
(1) the Secretary of Commerce or the United States Trade
Representative; or
(2) the Department of Commerce or the Office of the United
States Trade Representative or any officer or office thereof,
shall be considered to refer to the head of the Federal agency to whom
such functions were transferred by this Act.
SEC. 307. TRANSITION.
With the consent of the Secretary of Commerce or the United States
Trade Representative, as the case may be, the head of each Federal
agency to which functions or offices are transferred by this Act is
authorized to utilize--
(1) the services of such officers, employees, and other
personnel of the Department of Commerce or the Office of the
United States Trade Representative, as the case may be, with
respect to functions or offices transferred to that agency by
this Act; and
(2) funds appropriated to such functions or offices for
such period of time as may reasonably be needed to facilitate
the orderly implementation of this Act.
SEC. 308. ADDITIONAL CONFORMING AMENDMENTS.
(a) In General.--After consultation with the appropriate committees
of the Congress and the Director of the Office of Management and
Budget, the head of each agency to which functions were transferred
under this Act shall prepare and submit to the Congress recommended
legislation containing technical and conforming amendments to reflect
the changes made by this Act.
(b) Timing of Submissions.--No later than 6 months after the
effective date of this Act, each such agency head shall submit the
recommended legislation referred to under subsection (a).
TITLE IV--MISCELLANEOUS
SEC. 401. EFFECTIVE DATE.
(a) In General.--This Act shall take effect 120 days after the date
of the enactment of this Act, except that--
(1) sections 225 and 307 shall take effect on such date of
enactment; and
(2) at any time on or after the date of enactment of this
Act--
(A) the officers provided for in title II may be
nominated and appointed, as provided in such title; and
(B) the Secretary of Commerce, the United States
Trade Representative, and the head of each Federal
agency to which functions are transferred by this Act
may promulgate regulations under section 304(b)(2).
(b) Interim Compensation and Expenses.--Funds available to the
Department of Commerce or the Office of the United States Trade
Representative (or any official or component thereof), with respect to
the functions transferred by this Act, may be used, with approval of
the Director of the Office of Management and Budget, to pay the
compensation and expenses of an officer appointed under subsection
(a)(2)(A) who will carry out such functions until funds for that
purpose are otherwise available.
SEC. 402. INTERIM APPOINTMENTS.
(a) In General.--If 1 or more officers required by this Act to be
appointed by and with the advice and consent of the Senate have not
entered upon office on the effective date of this Act and
notwithstanding any other provision of law, the President may designate
any officer who was appointed by and with the advice and consent of the
Senate, and who was such an officer on the day before the effective
date of this Act, to act in the office until it is filled as provided
by this Act.
(b) Compensation.--Any officer acting in an office pursuant to
subsection (a) shall receive compensation at the rate prescribed by
this Act for such office.
SEC. 403. PERSONNEL AND FUNDING REDUCTIONS RESULTING FROM
REORGANIZATION.
No later than 180 days after the date of the enactment of this Act,
the Office of Management and Budget shall conduct a study and submit a
report to the President and the Congress on personnel and funding
reductions which should be implemented consistent with the provisions
of this Act to reduce duplicative or unnecessary functions. In
preparing the report, the Office of Management and Budget shall consult
with the Secretary of Trade and the head of each Federal agency
affected by the provisions of this Act and develop a plan for the
implementation of such reductions beginning the first fiscal year after
the effective date of this Act.
SEC. 404. AUTHORIZATION OF APPROPRIATIONS.
Subject to section 405, there are authorized to be appropriated
such sums as may be necessary to carry out the provisions of this Act.
Amounts appropriated under this section shall be available until
expended.
SEC. 405. LIMITATION ON ANNUAL EXPENDITURES FOR CONTINUED FUNCTIONS.
Beginning in the first fiscal year that begins on or after the
effective date of this Act, the amount expended by the United States in
performing all functions which, immediately before the effective date
of this Act, were performed by a department or agency of the United
States and are transferred by this Act to the Secretary or the
Department may not exceed 75 percent of the total amount expended by
the United States in performing all such functions during fiscal year
1995.
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