< Back to H.R. 2325 (104th Congress, 1995–1996)

Text of the Department of Trade Establishment Act

This bill was introduced on September 13, 1995, in a previous session of Congress, but was not enacted. The text of the bill below is as of Sep 13, 1995 (Introduced).

Source: GPO

HR 2325 IH

104th CONGRESS

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.