< Back to H.R. 2667 (105th Congress, 1997–1998)

Text of the Department of Commerce Dismantling Act

This bill was introduced on October 9, 1997, in a previous session of Congress, but was not enacted. The text of the bill below is as of Oct 9, 1997 (Introduced).

Source: GPO

HR 2667 IH

105th CONGRESS

1st Session

H. R. 2667

To dismantle the Department of Commerce.

IN THE HOUSE OF REPRESENTATIVES

October 9, 1997

Mr. ROYCE (for himself, Mr. KASICH, Mr. TAUZIN, Mr. ARMEY, Mr. BASS, Mr. BOEHNER, Mr. BONO, Mrs. CHENOWETH, Mr. COBURN, Mr. CRANE, Mr. EHRLICH, Mr. HASTINGS of Washington, Mr. HAYWORTH, Mr. HILLEARY, Mr. HOBSON, Mr. HOEKSTRA, Mr. HOSTETTLER, Mr. INGLIS of South Carolina, Mr. KINGSTON, Mr. KLUG, Mr. LARGENT, Mr. LIVINGSTON, Mr. MILLER of Florida, Mrs. MYRICK, Mr. NEUMANN, Mr. NUSSLE, Mr. PARKER, Mr. PAUL, Mr. PITTS, Mr. RADANOVICH, Mr. ROHRABACHER, Mr. RYUN, Mr. SANFORD, Mr. SCARBOROUGH, Mr. SHADEGG, Mr. SOLOMON, Mr. STEARNS, Mr. SUNUNU, Mr. TALENT, Mr. THORNBERRY, Mr. TIAHRT, and Mr. WELDON of Florida) introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committees on Transportation and Infrastructure, Banking and Financial Services, International Relations, National Security, Agriculture, Ways and Means, Government Reform and Oversight, the Judiciary, Science, and Resources, 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 dismantle the Department of Commerce.

    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 Commerce Dismantling Act’.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

      Sec. 1. Short title.

      Sec. 2. Table of contents.

TITLE I--ABOLISHMENT OF DEPARTMENT OF COMMERCE

      Sec. 101. Definitions.

      Sec. 102. Abolishment of Department of Commerce.

      Sec. 103. Resolution and termination of Department functions.

      Sec. 104. Responsibilities of the Director of the Office of Management and Budget.

      Sec. 105. Personnel.

      Sec. 106. Plans and reports.

      Sec. 107. General Accounting Office audit and access to records.

      Sec. 108. Conforming amendments.

      Sec. 109. Privatization framework.

      Sec. 110. Priority placement programs for Federal employees affected by a reduction in force attributable to this Act.

      Sec. 111. Funding reductions for transferred functions.

TITLE II--DISPOSITION OF PROGRAMS, FUNCTIONS, AND AGENCIES OF DEPARTMENT OF COMMERCE

      Sec. 201. Economic development.

      Sec. 202. Technology Administration.

      Sec. 203. Reorganization of the Bureau of the Census and the Bureau of Economic Analysis.

      Sec. 204. Terminated functions of National Telecommunications and Information Administration.

      Sec. 205. Terminations and transfers.

      Sec. 206. National Oceanic and Atmospheric Administration.

      Sec. 207. Miscellaneous terminations; moratorium on program activities.

      Sec. 208. Effective date.

TITLE III--ESTABLISHMENT OF UNITED STATES TRADE ADMINISTRATION

Subtitle A--General Provisions

      Sec. 301. Definitions.

Subtitle B--United States Trade Administration

Chapter 1--Establishment

      Sec. 311. Establishment of the United States Trade Administration.

      Sec. 312. Functions of the Trade Representative.

Chapter 2--Officers

      Sec. 321. Deputy United States Trade Representatives.

      Sec. 322. Assistant Administrators.

      Sec. 323. General Counsel.

      Sec. 324. Inspector General.

      Sec. 325. Chief Financial Officer.

Chapter 3--Transfers to the Trade Administration

      Sec. 331. Office of the United States Trade Representative.

      Sec. 332. Transfers from the Department of Commerce.

      Sec. 333. Trade and Development Agency.

      Sec. 334. Export-Import Bank.

      Sec. 335. Overseas Private Investment Corporation.

      Sec. 336. Consolidation of export promotion and financing activities.

      Sec. 337. Functions related to textile agreements.

Chapter 4--Administrative Provisions

      Sec. 341. Personnel provisions.

      Sec. 342. Delegation and assignment.

      Sec. 343. Succession.

      Sec. 344. Reorganization.

      Sec. 345. Rules.

      Sec. 346. Funds transfer.

      Sec. 347. Contracts, grants, and cooperative agreements.

      Sec. 348. Use of facilities.

      Sec. 349. Gifts and bequests.

      Sec. 350. Working capital fund.

      Sec. 351. Service charges.

      Sec. 352. Seal of office.

Chapter 5--Related Agencies

      Sec. 361. Interagency trade organization.

      Sec. 362. National Security Council.

      Sec. 363. International Monetary Fund.

Chapter 6--Conforming Amendments

      Sec. 371. Amendments to general provisions.

      Sec. 372. Repeals.

      Sec. 373. Conforming amendments relating to Executive Schedule positions.

Chapter 7--Miscellaneous

      Sec. 381. Effective date.

      Sec. 382. Interim appointments.

      Sec. 383. Funding reductions resulting from reorganization.

TITLE IV--STATISTICAL CONSOLIDATION

Subtitle A--General Provisions

      Sec. 401. Findings.

      Sec. 402. Sense of Congress.

      Sec. 403. Definitions.

Subtitle B--Establishment of the Federal Statistical Service

      Sec. 411. Establishment.

      Sec. 412. Principal officers.

      Sec. 413. Federal Council on Statistical Policy.

Subtitle C--Transfers of Functions and Offices

      Sec. 421. Transfer of the Bureau of Labor Statistics.

      Sec. 422. Transfer date.

Subtitle D--Administrative Provisions

      Sec. 431. Officers and employees.

      Sec. 432. Experts and consultants.

      Sec. 433. Acceptance of voluntary services.

      Sec. 434. General authority.

      Sec. 435. Delegation.

      Sec. 436. Reorganization.

      Sec. 437. Contracts.

      Sec. 438. Regulations.

      Sec. 439. Seal.

      Sec. 440. Annual report.

Subtitle E--Miscellaneous

      Sec. 441. Incidental transfers.

      Sec. 442. References.

      Sec. 443. Proposed changes in law.

      Sec. 444. Transition.

      Sec. 445. Interim appointments.

      Sec. 446. Conforming amendments.

TITLE V--MISCELLANEOUS PROVISIONS

      Sec. 501. References.

      Sec. 502. Exercise of authorities.

      Sec. 503. Savings provisions.

      Sec. 504. Transfer of assets.

      Sec. 505. Delegation and assignment.

      Sec. 506. Authority of Director of the Office of Management and Budget with respect to functions transferred.

      Sec. 507. Certain vesting of functions considered transfers.

      Sec. 508. Availability of existing funds.

      Sec. 509. Definitions.

      Sec. 510. Conforming amendments.

TITLE I--ABOLISHMENT OF DEPARTMENT OF COMMERCE

SEC. 101. DEFINITIONS.

    For purposes of this title, the following definitions apply:

      (1) DEPARTMENT- The term ‘Department’ means the Department of Commerce.

      (2) DIRECTOR- The term ‘Director’ means the Director of the Office of Management and Budget.

      (3) OFFICE- The term ‘Office’ means the Office of Management and Budget.

SEC. 102. ABOLISHMENT OF DEPARTMENT OF COMMERCE.

    (a) ABOLISHMENT OF DEPARTMENT- Effective on the applicable date specified in subsection (c), the Department of Commerce is abolished.

    (b) TRANSFER OF DEPARTMENT FUNCTIONS TO OFFICE OF MANAGEMENT AND BUDGET- Except as otherwise provided in this Act, all functions that on the day before the applicable date specified in subsection (c) are authorized to be performed by the Secretary of Commerce, any other officer or employee of the Department acting in that capacity, or any agency or office of the Department, are transferred to the Director effective on that date.

    (c) ABOLISHMENT DATE- The date of abolishment of the Department is the earlier of--

      (1) the last day of the 6-month period beginning on the date of enactment of this Act; or

      (2) September 30, 1998.

SEC. 103. RESOLUTION AND TERMINATION OF DEPARTMENT FUNCTIONS.

    (a) RESOLUTION OF FUNCTIONS- During the period beginning on the date of enactment of this Act and ending on the date specified in subsection (c)--

      (1) the disposition and resolution of functions of the Department shall be completed in accordance with this Act; and

      (2) the Director shall resolve all functions that are transferred to the Director under section 102(b) and are not otherwise continued under this Act.

    (b) TERMINATION OF FUNCTIONS- All functions that are transferred to the Director under section 102(b) that are not otherwise continued by this Act shall terminate on the date specified in subsection (c).

    (c) FUNCTIONS TERMINATION DATE- The date of termination of functions referred to in subsections (a) and (b) is the last day of the 3-year period beginning on the date of enactment of this Act.

SEC. 104. RESPONSIBILITIES OF THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET.

    (a) IN GENERAL- The Director shall be responsible for the implementation of this title, including--

      (1) the administration, during the period specified in section 103(c), of all functions transferred to the Director under section 102(b);

      (2) the administration, during the period specified in section 103(a), of any outstanding obligations of the Federal Government under any programs terminated by this Act; and

      (3) taking any other action that may be necessary to complete any outstanding affairs of the Department before the end of the period specified in section 103(a).

    (b) DELEGATION OF FUNCTIONS-

      (1) IN GENERAL- Except as provided in paragraph (2), the Director may, to the extent that the Director determines that such delegation is appropriate to carry out this title, delegate to any officer of the Office or to any other Federal department or agency head the performance of the functions of the Director under this title.

      (2) EXCEPTION- The Director may not delegate the planning and reporting responsibilities under section 106.

    (c) TRANSFER OF ASSETS AND PERSONNEL- In connection with any delegation of functions under subsection (b), the Director may transfer, within the Office or to the department or agency concerned, such assets, funds, personnel, records, and other property relating to the delegated function as the Director determines to be appropriate.

    (d) AUTHORITIES OF THE DIRECTOR- For purposes of performing the functions of the Director under this title, the Director may--

      (1) enter into contracts;

      (2) employ experts and consultants in accordance with section 3109 of title 5, United States Code, at rates for individuals not to exceed the per diem rate equivalent to the rate for level IV of the Executive Schedule; and

      (3) utilize, on a reimbursable basis, the services, facilities, and personnel of other Federal agencies.

SEC. 105. PERSONNEL.

    Effective on the date specified in section 102(c), there is transferred to the Office any individual who--

      (1) on the day before that date, was an officer or employee of the Department; and

      (2) in the capacity as an officer or employee of the Department, performed functions that are transferred to the Director under section 102(b).

SEC. 106. PLANS AND REPORTS.

    (a) INITIAL IMPLEMENTATION PLAN-

      (1) IN GENERAL- Not later than 90 days after the date of enactment of this Act, the Director shall submit a report to Congress and the President that specifies actions that have been taken and actions that have not been taken but are necessary--

        (A) to resolve the programs and functions terminated in this Act on the date of enactment of this Act; and

        (B) to implement the additional transfers and other program dispositions provided for in this Act.

      (2) CONTENTS- The report in paragraph (1) shall include--

        (A) recommendations for any legislation necessary for the implementation of the abolishments, transfers, terminations, and other dispositions of programs and functions under this Act; and

        (B) a description of actions planned and taken to comply with limitations imposed by this Act on spending for continued functions.

    (b) ANNUAL STATUS REPORTS- At the end of the first full fiscal year following the date of enactment of this Act and at the end of each of the 2 following fiscal years, the Director shall submit a report, through the President, to Congress that--

      (1) specifies the status and progress of actions taken to implement this Act and to wind up the affairs of the Department of Commerce by the functions termination date specified in section 103(c);

      (2) includes any recommendations for legislation that the Director considers appropriate; and

      (3) describes actions taken to comply with limitations imposed by this Act on spending for continued functions.

    (c) GAO REPORTS- Not later than 60 days after the issuance of a report under subsection (a) or (b), the Comptroller General of the United States shall submit to Congress a report that--

      (1) evaluates the report; and

      (2) includes any recommendations the Comptroller General considers appropriate.

SEC. 107. GENERAL ACCOUNTING OFFICE AUDIT AND ACCESS TO RECORDS.

    (a) AUDIT OF PERSONS PERFORMING FUNCTIONS PURSUANT TO THIS ACT- All agencies, corporations, organizations, and other persons of any description that, under the authority of the United States, perform any function or activity covered under this Act shall be subject to an audit by the Comptroller General of the United States with respect to that function or activity.

    (b) AUDIT OF PERSONS PROVIDING CERTAIN GOODS OR SERVICES- All persons and organizations that, by contract, grant, or otherwise, provide goods or services to, or receive financial assistance from, any agency or other person performing functions or activities covered under this Act shall be subject to an audit by the Comptroller General of the United States with respect to the provision of such goods or services or the receipt of such financial assistance.

    (c) PROVISIONS APPLICABLE TO AUDITS UNDER THIS SECTION-

      (1) NATURE AND SCOPE OF AUDIT- The Comptroller General of the United States shall determine the nature, scope, terms, and conditions of audits conducted under this section.

      (2) COORDINATION WITH OTHER PROVISIONS OF LAW- The authority of the Comptroller General of the United States under this section shall be in addition to any audit authority available to the Comptroller General under any other provision of law (including any other provision of this Act).

      (3) RIGHTS OF ACCESS, EXAMINATION, AND COPYING- The Comptroller General of the United States, and any duly authorized representative of the Comptroller General, shall have access to, and the right to examine and copy, all records and other recorded information in any form, and to examine any property within the possession or control of any agency or person that--

        (A) is subject to audit under this section; and

        (B) the Comptroller General considers relevant to an audit conducted under this section.

      (4) ENFORCEMENT OF RIGHT OF ACCESS- The right of access of the Comptroller General of the United States to information under this section shall be enforceable under section 716 of title 31, United States Code.

      (5) MAINTENANCE OF CONFIDENTIAL RECORDS- Section 716(e) of title 31, United States Code, shall apply to information obtained by the Comptroller General under this section.

SEC. 108. CONFORMING AMENDMENTS.

    (a) PRESIDENTIAL SUCCESSION- Section 19(d)(1) of title 3, United States Code, is amended by striking ‘Secretary of Commerce,’.

    (b) EXECUTIVE DEPARTMENTS- Section 101 of title 5, United States Code, is amended by striking the following item:

      ‘The Department of Commerce.’.

    (c) SECRETARY’S COMPENSATION- Section 5312 of title 5, United States Code, is amended by striking the following item:

      ‘Secretary of Commerce.’.

    (d) COMPENSATION FOR POSITIONS AT LEVEL III- Section 5314 of title 5, United States Code, is amended--

      (1) by striking the following item:

      ‘Under Secretary of Commerce, Under Secretary of Commerce for Economic Affairs, Under Secretary of Commerce for Export Administration and Under Secretary of Commerce for Travel and Tourism.’;

      (2) by striking the following item:

      ‘Under Secretary of Commerce for Oceans and Atmosphere, the incumbent of which also serves as Administrator of the National Oceanic and Atmospheric Administration.’; and

      (3) by striking the following item:

      ‘Under Secretary of Commerce for Technology.’.

    (e) COMPENSATION FOR POSITIONS AT LEVEL IV- Section 5315 of title 5, United States Code, is amended--

      (1) by striking the following item:

      ‘Assistant Secretaries of Commerce (11).’;

      (2) by striking the following item:

      ‘General Counsel of the Department of Commerce.’;

      (3) by striking the following item:

      ‘Assistant Secretary of Commerce for Oceans and Atmosphere, the incumbent of which also serves as Deputy Administrator of the National Oceanic and Atmospheric Administration.’;

      (4) by striking the following item:

      ‘Director, National Institute of Standards and Technology, Department of Commerce.’;

      (5) by striking the following item:

      ‘Inspector General, Department of Commerce.’;

      (6) by striking the following item:

      ‘Chief Financial Officer, Department of Commerce.’;

      (7) by striking the item relating to the Director of the Bureau of the Census and inserting ‘Director of the Census, Federal Statistical Service’; and

      (8) by striking the following item:

      ‘Chief Information Officer, Department of Commerce.’.

    (f) COMPENSATION FOR POSITIONS AT LEVEL V- Section 5316 of title 5, United States Code, is amended--

      (1) by striking the following item:

      ‘Director, United States Travel Service, Department of Commerce.’; and

      (2) by striking the following item:

      ‘National Export Expansion Coordinator, Department of Commerce.’.

    (g) INSPECTOR GENERAL ACT OF 1978- The Inspector General Act of 1978 (5 U.S.C. App.) is amended--

      (1) in section 9(a)(1)--

        (A) by striking subparagraph (B); and

        (B) by redesignating subparagraphs (C) through (W) as subparagraphs (B) through (V), respectively;

      (2) in section 11(1), by striking ‘Commerce,’; and

      (3) in section 11(2), by striking ‘Commerce,’.

    (h) EFFECTIVE DATE- The amendments made by this section shall be effective on the applicable date specified in section 102(c).

SEC. 109. PRIVATIZATION FRAMEWORK.

    (a) IN GENERAL-

      (1) PRIVATIZATION- Not later than 18 months after a function designated for privatization under title II is transferred to the Office, the Director shall privatize that function. The Director shall pursue such forms of privatization arrangements as the Director considers appropriate to best serve the interests of the United States.

      (2) REPORT- If, by the date specified in paragraph (1), the Director is unable to privatize a function, the Director shall submit a report that states that inability to Congress, together with recommendations concerning the appropriate disposition of the function involved and the assets of the function.

    (b) ROLE OF THE FEDERAL GOVERNMENT- No privatization arrangement made under subsection (a) shall include any role for, or accountability to, the Federal Government unless the role or accountability is necessary to ensure the continued accomplishment of a specific Federal objective. The Federal role should be the minimum role necessary to accomplish Federal objectives.

    (c) ASSETS- In privatizing a function, the Director shall take any action necessary--

      (1) to preserve the value of the assets of a function during the period during which the Office holds such assets; and

      (2) to continue the performance of the function to the extent necessary--

        (A) to preserve the value of the assets; or

        (B) to accomplish core Federal objectives (as that term is defined by the Director).

SEC. 110. PRIORITY PLACEMENT PROGRAMS FOR FEDERAL EMPLOYEES AFFECTED BY A REDUCTION IN FORCE ATTRIBUTABLE TO THIS ACT.

    (a) IN GENERAL- Subchapter I of chapter 33 of title 5, United States Code, is amended by inserting after section 3329 the following:

‘Sec. 3329a. Priority placement programs for employees affected by a reduction in force attributable to the Department of Commerce Dismantling Act

    ‘(a)(1) For the purpose of this section, the term ‘affected agency’--

      ‘(A) except as provided in subparagraph (B), means an Executive agency to which personnel are transferred in connection with a transfer of function under the Department of Commerce Dismantling Act, and

      ‘(B) with respect to employees of the Department of Commerce in general administration, the Inspector General’s office, or the General Counsel’s office, or who provided overhead support to other components of the Department on a reimbursable basis, means all agencies to which functions of those employees are transferred under the Department of Commerce Dismantling Act.

    ‘(2) This section applies with respect to any reduction in force that--

      ‘(A) occurs within 12 months after the date of enactment of this section; and

      ‘(B) is due to--

        ‘(i) the termination of any function of the Department of Commerce; or

        ‘(ii) the agency’s having excess personnel as a result of a transfer of function described in paragraph (1), as determined by--

          ‘(I) the Director of the Office of Management and Budget, in the case of a function transferred to the Office of Management and Budget; or

          ‘(II) the head of the agency, in the case of any function transferred to an agency other than the Office of Management and Budget.

    ‘(b) As soon as practicable after the date of enactment of this section, each affected agency shall establish an agencywide priority placement program to facilitate employment placement for employees who, due to a reduction in force described in subsection (a)(2)--

      ‘(1) are scheduled to be separated from service; or

      ‘(2) are separated from service.

    ‘(c)(1) Each agencywide priority placement program shall include provisions under which a vacant position shall not be filled by the appointment or transfer of any individual from outside of that agency if--

      ‘(A) an individual described in paragraph (2) who is qualified for the position is available for the position at the time of the occurrence of the vacancy; and

      ‘(B) the position--

        ‘(i) is at the same grade (or pay level) or not more than 1 grade (or pay level) below that of the position last held by such individual before placement in the new position; and

        ‘(ii) is within the same commuting area as the individual’s last-held position (as referred to in clause (i)) or residence.

    ‘(2) For purposes of an agencywide priority placement program, an individual shall be considered to be described in this paragraph if the most recent performance evaluation of the individual was at least fully successful (or the equivalent), and such individual is either--

      ‘(A) an employee of the agency who is scheduled to be separated, as described in subsection (b)(1); or

      ‘(B) an individual who became a former employee of the agency as a result of a separation, as described in subsection (b)(2).

    ‘(d)(1) Nothing in this section shall affect any priority placement program of the Department of Defense that is in operation as of the date of enactment of this section.

    ‘(2) Nothing in this section shall impair any placement program within an agency subject to a reduction in force resulting from a cause other than the Department of Commerce Dismantling Act.

    ‘(e) An individual shall cease to be eligible to participate in a program under this section on the earlier of--

      ‘(1) the conclusion of the 12-month period beginning on the date on which the individual first became eligible to participate under subsection (c)(2); or

      ‘(2) the date on which the individual declines a bona fide offer (or if the individual does not act on the offer, the last date on which the individual could accept the offer) from the affected agency of a position described in subsection (c)(1)(B).’.

    (b) CONFORMING AMENDMENT- The chapter analysis for chapter 33 of title 5, United States Code, is amended by inserting after the item relating to section 3329 the following:

      ‘3329a. Priority placement programs for employees affected by a reduction in force attributable to the Department of Commerce Dismantling Act.’.

SEC. 111. FUNDING REDUCTIONS FOR TRANSFERRED FUNCTIONS.

    (a) FUNDING REDUCTIONS- Except as provided in subsection (b), the total amount authorized to be appropriated by the United States for accounts related to the performance of functions transferred under this Act to the Director or to the Office from the Department, or any of its officers or components, shall not exceed--

      (1) for the first fiscal year that begins after the date specified in section 102(c), 75 percent of the total amount appropriated to the Department for the performance of those functions for fiscal year 1997; and

      (2) for the second fiscal year that begins after the date specified in section 102(c) and for each fiscal year thereafter, 65 percent of the total amount appropriated to the Department for the performance of those functions for fiscal year 1997.

    (b) EXCEPTION- Subsection (a) shall not apply to obligations or expenditures incurred as a direct consequence of the termination, transfer, or other disposition of functions described in subsection (a) pursuant to this Act.

    (c) RULE OF CONSTRUCTION- This section shall supersede any other provision of law that does not explicitly--

      (1) refer to this section; and

      (2) create an exemption from this section.

    (d) RESPONSIBILITIES OF THE DIRECTOR- The Director shall--

      (1) ensure compliance with the requirements of this section; and

      (2) include in each report under subsections (a) and (b) of section 106 a description of actions taken to comply with the requirements referred to in paragraph (1).

TITLE II--DISPOSITION OF PROGRAMS, FUNCTIONS, AND AGENCIES OF DEPARTMENT OF COMMERCE

SEC. 201. ECONOMIC DEVELOPMENT.

    (a) TERMINATED FUNCTIONS- The Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.) is repealed.

    (b) TRANSFER OF FINANCIAL OBLIGATIONS OWED TO THE DEPARTMENT- There are transferred to the Secretary of the Treasury the loans, notes, bonds, debentures, securities, and other financial obligations owned by the Department of Commerce under the Public Works and Economic Development Act of 1965, together with all assets or other rights (including security interests) incident thereto, and all liabilities related thereto. There are assigned to the Secretary of the Treasury the functions, powers, and abilities vested in or delegated to the Secretary of Commerce or the Department of Commerce to manage, service, collect, sell, dispose of, or otherwise realize proceeds on obligations owed to the Department of Commerce under authority of such Act with respect to any loans, obligations, or guarantees made or issued by the Department of Commerce pursuant to such Act.

    (c) AUDIT- Not later than 18 months after the date of enactment of this Act, the Comptroller General shall--

      (1) conduct an audit of all grants made or issued by the Department of Commerce under the Public Works and Economic Development Act of 1965 in fiscal year 1997 and all loans, obligations, and guarantees; and

      (2) transmit to Congress a report on the results of the audit referred to in paragraph (1).

SEC. 202. TECHNOLOGY ADMINISTRATION.

    (a) TECHNOLOGY ADMINISTRATION-

      (1) GENERAL RULE- Except as otherwise provided in this section, the Technology Administration of the Department of Commerce is terminated.

      (2) OFFICE OF TECHNOLOGY POLICY- The Office of Technology Policy of the Department of Commerce is terminated.

    (b) NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY-

      (1) REDESIGNATION- The National Institute of Standards and Technology of the Department of Commerce is hereby redesignated as the National Bureau of Standards, and all references to the National Institute of Standards and Technology in Federal law or regulations are deemed to be references to the National Bureau of Standards.

      (2) GENERAL RULE- The National Bureau of Standards (in this subsection referred to as the ‘Bureau’) is transferred from the Department of Commerce to the National Oceanic and Atmospheric Administration, established in section 206.

      (3) FUNCTIONS OF DIRECTOR- Except as otherwise provided in this section or section 207, upon the transfer under paragraph (2), the Director of the Bureau shall perform all functions relating to the Bureau that, immediately before the effective

date specified in section 208(a), were functions of the Secretary of Commerce or the Under Secretary of Commerce for Technology.

    (c) NATIONAL TECHNICAL INFORMATION SERVICE-

      (1) PRIVATIZATION- All functions of the National Technical Information Service of the Department of Commerce are transferred to the Director of the Office of Management and Budget for privatization in accordance with section 109 by the date specified in subsection (a) of that section.

      (2) TRANSFER TO NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION- If, by the date specified in section 109(a), an appropriate arrangement for the privatization of functions of the National Technical Information Service under paragraph (1) has not been made, the National Technical Information Service shall be transferred to the National Oceanic and Atmospheric Administration established in section 206.

      (3) GOVERNMENT CORPORATION- If, by the date specified in section 109(a), an appropriate arrangement for the privatization of functions of the National Technical Information Service under paragraph (1) has not been made, the Director of the Office of Management and Budget shall, not later than 180 days after the date specified in section 109(a), submit to Congress recommended legislation to establish the National Technical Information Service as a wholly owned Government corporation. The recommended legislation shall provide for the corporation to perform substantially the same functions that, as of the date of enactment of this Act, are performed by the National Technical Information Service.

      (4) FUNDING- No funds are authorized to be appropriated for the National Technical Information Service or any successor corporation established pursuant to recommended legislation under paragraph (3).

    (d) AMENDMENTS-

      (1) NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACT- The National Institute of Standards and Technology Act (15 U.S.C. 271 et seq.) is amended--

        (A) in section 2(b), by striking paragraph (1) and redesignating paragraphs (2) through (11) as paragraphs (1) through (10), respectively;

        (B) in section 2(d), by striking ‘, including the programs established under sections 25, 26, and 28 of this Act’;

        (C) in section 10--

          (i) in the section heading, by striking ‘Advanced’ and inserting ‘Standards and’; and

          (ii) in subsection (a), by striking ‘Advanced’ and inserting ‘Standards and’; and

        (D) by striking sections 24, 25, 26, and 28.

      (2) STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980- The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.) is amended--

        (A) in section 3, by striking paragraph (2) and redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively;

        (B) in section 4, by striking paragraphs (1), (4), and (13) and redesignating paragraphs (2), (3), (5), (6), (7), (8), (9), (10), (11), and (12) as paragraphs (1) through (10), respectively;

        (C) by striking sections 5 through 10;

        (D) in section 11--

          (i) in subsection (c)(3), by striking ‘, the Federal Laboratory Consortium for Technology Transfer,’;

          (ii) in subsection (d)--

            (I) in paragraph (2), by striking ‘and the Federal Laboratory Consortium for Technology Transfer’; and

            (II) in paragraph (3), by striking ‘, and refer such requests’ and all that follows through ‘available to the Service’; and

          (iii) by striking subsection (e); and

        (E) in section 17--

          (i) in subsection (c)--

            (I) in paragraph (1), by striking ‘Subject to paragraph (2), separate’ and inserting ‘Separate’; and

            (II) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2);

          (ii) in subsection (f), by striking ‘funds to carry out’ and inserting ‘funds only to pay the salary of the Director of

the Office of Quality Programs, who shall be responsible for carrying out’; and

          (iii) by adding at the end the following new subsection:

    ‘(h) VOLUNTARY AND UNCOMPENSATED SERVICES- The Director of the Office of Quality Programs may accept voluntary and uncompensated services notwithstanding the provisions of section 1342 of title 31, United States Code.’.

      (3) MISCELLANEOUS AMENDMENTS- Section 3 of Public Law 94-168 (15 U.S.C. 205b) is amended--

        (A) by striking paragraph (2);

        (B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and

        (C) in paragraph (3), as redesignated by subparagraph (B) of this paragraph, by striking ‘in nonbusiness activities’.

SEC. 203. REORGANIZATION OF THE BUREAU OF THE CENSUS AND THE BUREAU OF ECONOMIC ANALYSIS.

    (a) TRANSFER OF FUNCTIONS- All functions of the Secretary of Commerce relating to the Bureau of the Census and the Bureau of Economic Analysis of the Department of Commerce are transferred to the Federal Statistical Service established under title V.

    (b) TRANSFER OF BUREAUS- The Bureau of the Census and Bureau of Economic Analysis of the Department of Commerce are transferred to the Federal Statistical Service established under title V.

    (c) REFERENCES TO SECRETARY- Section 1(2) of the title 13, United States Code, is amended by striking ‘Secretary of Commerce’ and inserting ‘Administrator of the Federal Statistical Service’.

    (d) REFERENCES TO DEPARTMENT- Section 2 of title 13, United States Code, is amended by striking ‘Department of Commerce’ and inserting ‘Federal Statistical Service’.

    (e) GENERAL REFERENCES TO SECRETARY AND DEPARTMENT- Title 13, United States Code, is further amended--

      (1) by striking ‘Secretary of Commerce’ each place it appears and inserting ‘Administrator of the Federal Statistical Service’; and

      (2) by striking ‘Department of Commerce’ each place it appears and inserting ‘Federal Statistical Service’.

SEC. 204. TERMINATED FUNCTIONS OF NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION.

    (a) REPEALS- The following provisions of law are repealed:

      (1) Subpart A of part IV of title III of the Communications Act of 1934 (47 U.S.C. 390 et seq.), relating to assistance for public telecommunications facilities.

      (2) Subpart B of part IV of title III of the Communications Act of 1934 (47 U.S.C. 394), relating to the Endowment for Children’s Educational Television.

      (3) Subpart C of part IV of title III of the Communications Act of 1934 (47 U.S.C. 395), relating to Telecommunications Demonstration grants.

    (b) DISPOSAL OF NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION LABORATORIES-

      (1) PRIVATIZATION- All laboratories of the National Telecommunications and Information Administration are transferred to the Director of the Office of Management and Budget for privatization in accordance with section 109 by the date specified in subsection (a) of that section.

      (2) TRANSFER TO NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION- If an appropriate

arrangement for the privatization of functions of the laboratories of the National Telecommunications and Information Administration under paragraph (1) has not been made by the date specified in section 109(a), the laboratories of the National Telecommunications and Information Administration shall be transferred as of the end of such period to the National Oceanic and Atmospheric Administration established in section 206.

      (3) TRANSFER OF FUNCTIONS- The functions of the National Telecommunications and Information Administration concerning research and analysis of the electromagnetic spectrum described in section 5112(b) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 1532) are transferred to the Director of the National Bureau of Standards.

    (c) TRANSFER OF NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION FUNCTIONS-

      (1) TRANSFER TO FEDERAL COMMUNICATIONS COMMISSION- Except as provided in subsection (b)(2), the functions of the National Telecommunications and Information Administration, and of the Secretary of Commerce and the Assistant Secretary for Communications and Information of the Department of Commerce with respect to the National Telecommunications and Information Administration, are transferred to the Federal Communications Commission. The functions transferred by this paragraph shall be placed in an organizational component that is independent from all Federal Communications Commission functions directly related to the negotiation of trade agreements. Such functions shall be supervised by an individual whose principal professional expertise is in the area of telecommunications. The position to which such individual is appointed shall be graded at a level sufficiently high to attract a highly qualified individual, while ensuring autonomy in the conduct of such functions from all activities and influences associated with trade negotiations.

      (2) REFERENCES- References in any provision of law (including the National Telecommunications and Information Administration Organization Act) to the Secretary of Commerce or the Assistant Secretary for Communications and Information of the Department of Commerce--

        (A) with respect to a function vested pursuant to this section in the Federal Communications Commission shall be deemed to refer to the United States Trade Representative; and

        (B) with respect to a function vested pursuant to this section in the Director of the National Bureau of Standards shall be deemed to refer to the Director of the National Bureau of Standards.

      (3) TERMINATION OF NTIA- Effective on the applicable date specified in section 102(c), the National Telecommunications and Information Administration is abolished.

SEC. 205. TERMINATIONS AND TRANSFERS.

    (a) TERMINATION OF MISCELLANEOUS RESEARCH PROGRAMS AND ACCOUNTS-

      (1) IN GENERAL- No funds may be appropriated for any fiscal year for the following programs and accounts of the National Oceanic and Atmospheric Administration:

        (A) The National Undersea Research Program.

        (B) The Fleet Modernization Program.

        (C) The Charleston, South Carolina, Special Management Plan.

        (D) Chesapeake Bay Observation Buoys (as of September 30, 1996).

        (E) Federal/State Weather Modification Grants.

        (F) The Southeast Storm Research Account.

        (G) The Southeast United States Caribbean Fisheries Oceanographic Coordinated Investigations Program.

        (H) National Institute for Environmental Renewal.

        (I) The Lake Champlain Study.

        (J) The Maine Marine Research Center.

        (K) The South Carolina Cooperative Geodetic Survey Account.

        (L) Pacific Island Technical Assistance.

        (M) Sea Grant Oyster Disease Account.

        (O) National Weather Service non-Federal, non-wildfire Weather Service.

        (P) National Weather Service Regional Climate Centers.

        (Q) National Weather Service Samoa Weather Forecast Office Repair and Upgrade Account.

        (R) Dissemination of Weather Charts (Marine Facsimile Service).

        (S) The Climate and Global Change Account.

        (T) The Global Learning and Observations to Benefit the Environment Program.

        (U) Mussel watch.

      (2) REPEALS- The following provisions of law are repealed:

        (A) The Ocean Thermal Conversion Act of 1980 (42 U.S.C. 9101 et seq.).

        (B) Title IV of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1447 et seq.).

        (C) Title V of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 2801 et seq.).

        (D) The Great Lakes Fish and Wildlife Tissue Bank Act (16 U.S.C. 943 et seq.).

        (E) Section 208(c) of the National Sea Grant College Program Act (33 U.S.C. 1127(c)).

        (F) Section 305 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1454) is repealed effective October 1, 2000.

        (G) The NOAA Fleet Modernization Act (33 U.S.C. 891 et seq.).

        (H) Public Law 85-342 (72 Stat. 35; 16 U.S.C. 778 et seq.), relating to fish research and experimentation.

        (I) The first section of the Act of August 8, 1956 (70 Stat. 1126, chapter 1039; 16 U.S.C. 760d), relating to grants for commercial fishing education.

        (J) Public Law 86-359 (16 U.S.C. 760e et seq.), relating to the study of migratory marine gamefish.

    (b) AERONAUTICAL MAPPING AND CHARTING-

      (1) IN GENERAL- The aeronautical mapping and charting functions of the National Oceanic and Atmospheric Administration are transferred to the Transportation Administrative Services Center at the Department of Transportation.

      (2) TERMINATION OF CERTAIN FUNCTIONS- The Transportation Administrative Services Center shall terminate any functions transferred under paragraph (1) that are performed by the private sector or obtain by contract from the private sector those activities that are commercial in nature and necessary to carry out inherently governmental functions.

      (3) FUNCTIONS REQUESTED BY FEDERAL AVIATION ADMINISTRATION-

        (A) IN GENERAL- Notwithstanding paragraph (2), the Director of the Transportation Administrative Services Center (referred to in this paragraph as the ‘Director’) shall carry out such aeronautical charting functions as may be requested by the Administrator of the Federal Aviation Administration.

        (B) AERONAUTICAL MAPPING- In carrying out aeronautical mapping functions requested by the Administrator under subparagraph (A), the Director shall in such manner and including such information as the Administrator determines is necessary for, or will promote, the safe and efficient movement of aircraft in air commerce--

          (i) publish and distribute to the public and to the Administrator any aeronautical charts requested by the Administrator; and

          (ii) provide to the Administrator such other air traffic control products and services as may be requested by the Administrator.

      (4) CONTINUING APPLICABILITY-

        (A) IN GENERAL- Except as provided in subparagraph (B), the requirements of section 1307 of title 44, United States Code, shall continue to apply with respect to all aeronautical products created or published by the Director in carrying out the functions transferred to the Director under this paragraph.

        (B) EXCEPTIONS- The prices for products referred to in subparagraph (A) shall be established jointly by the Director and the Secretary of Transportation on an annual basis.

    (c) TRANSFER OF MAPPING, CHARTING, AND GEODESY FUNCTIONS TO THE ARMY CORPS OF ENGINEERS-

      (1) IN GENERAL- Except as provided in subsection (b), there are transferred to the Army Corps of Engineers the functions relating to mapping, charting, and geodesy authorized under the Act of August 7, 1947 (61 Stat. 787, chapter 504; 33 U.S.C. 883a).

      (2) TERMINATION OF CERTAIN FUNCTIONS- The Secretary of the Army, acting through the Chief of Engineers of Army Corps of Engineers, shall terminate any functions transferred under paragraph (1) that are performed by the private sector or obtain by contract from the private sector those functions that are commercial in nature and are necessary to carry out inherently governmental functions.

    (d) NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND INFORMATION- There are transferred to the National Oceanic and Atmospheric Administration established in section 206 all functions and assets of the National Oceanic and Atmospheric Administration that on the date immediately before the effective date of this section are authorized to be performed by the National Environmental Satellite, Data, and Information System.

    (e) OCEANIC AND ATMOSPHERIC ADMINISTRATION- There are transferred to the National Oceanic and Atmospheric Administration established in section 206 all functions and assets of the National Oceanic and Atmospheric Administration (including global programs) that on the date immediately before the effective date of this section were authorized to be performed by the Office of Oceanic and Atmospheric Research.

    (f) NATIONAL WEATHER SERVICE-

      (1) IN GENERAL- There are transferred to the National Oceanic and Atmospheric Administration established in section 206 all functions and assets of the National Oceanic and Atmospheric Administration that on the date immediately before the effective date of this section are authorized to be performed by the National Weather Service.

      (2) DUTIES- Except as provided in paragraph (3), to protect life and property and enhance the national economy, the Administrator of Oceans and Atmosphere, through the National Weather Service, shall be responsible for the following:

        (A) Forecasts. (The Administrator shall serve as the sole and official sources of weather and flood warnings for the Federal Government.)

        (B) The issuance of storm warnings.

        (C) The collection, exchange, and distribution of meteorological, hydrological, climatic, and oceanographic data and information.

        (D) The preparation of hydro-meteorological guidance and core forecast information.

      (3) LIMITATIONS ON COMPETITION- The National Weather Service may not compete, or assist other entities in competing, with the private sector to provide a service in any case in which that service is provided by a private sector commercial enterprise or a private sector commercial enterprise is able to provide that service, unless--

        (A) the Administrator of Oceans and Atmosphere finds that private sector commercial enterprises are unwilling or unable to provide the service; and

        (B) the Administrator of Oceans and Atmosphere finds that the service provides vital weather warnings and forecasts for the protection of lives and property of the general public.

      (4) ORGANIC ACT AMENDMENTS- The Act entitled ‘An Act to increase the efficiency and reduce the expenses of the Signal Corps of the Army, and to transfer the Weather Bureau to the Department of Agriculture’, approved October 1, 1890 (26 Stat. 653, chapter 1266) is amended--

        (A) by striking section 3 (15 U.S.C. 313); and

        (B) in section 9 (15 U.S.C. 317), by striking ‘Department of’ and all that follows thereafter and inserting ‘National Oceanic and Atmospheric Administration.’.

      (5) REPEAL- Sections 706 and 707 of the Weather Service Modernization Act (15 U.S.C. 313 note) are repealed.

      (6) CONFORMING AMENDMENTS- The Weather Service Modernization Act (15 U.S.C. 313 note) is amended--

        (A) in section 702, by striking paragraph (3) and redesignating paragraphs (4) through (10) as paragraphs (3) through (9), respectively; and

        (B) in section 703--

          (i) by striking ‘(a) NATIONAL IMPLEMENTATION PLAN- ’;

          (ii) by striking paragraph (3) and redesignating paragraphs (4) through (6) as paragraphs (3) through (5), respectively; and

          (iii) by striking subsections (b) and (c).

    (g) TERMINATION OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION CORPS OF COMMISSIONED OFFICERS-

      (1) NUMBER OF OFFICERS- Notwithstanding section 8 of the Act of June 3, 1948 (62 Stat. 298, chapter 390; 33 U.S.C. 853g), no funding may be provided for a commissioned officer of the National Oceanic and Atmospheric Administration Corps after fiscal year 1997 and no individual may serve as such a commissioned officer after fiscal year 1997.

      (2) SEPARATION PAY-

        (A) IN GENERAL- Commissioned officers may be separated from the active list of the National Oceanic and Atmospheric Administration. Any officer so separated because of paragraph (1) shall, subject to subparagraph (B) and the availability of appropriations, be eligible for separation pay under section 9 of the Act of June 3, 1948 (62 Stat. 299, chapter 390; 33 U.S.C. 853h) to the same extent as if such officer had been separated under section 8 of such Act (62 Stat. 298, chapter 390; 33 U.S.C. 853g).

        (B) TRANSFEREES- Any officer who, under paragraph (4), transfers to another of the uniformed services or becomes employed in a civil service position shall not be eligible for separation pay under this paragraph.

        (C) REPAYMENT-

          (i) IN GENERAL- Any officer who receives separation pay under this paragraph shall be required to repay the amount received if, within 1 year after the date of the separation on which the payment is based, such officer is reemployed in a civil service position in the National Oceanic and Atmospheric Administration, the duties of which position would formerly have been performed by a commissioned officer, as determined by the Administrator of Oceans and Atmosphere.

          (ii) LUMP SUM- A repayment under this subparagraph shall be made in a lump sum or in such installments as the Administrator may specify.

        (D) REPAYMENTS-

          (i) IN GENERAL- In the case of any officer who makes a repayment under subparagraph (C)--

            (I) the National Oceanic and Atmospheric Administration shall pay into the Civil Service Retirement and Disability Fund, on such officer’s behalf, any deposit required under section 8422(e)(1) of title 5, United States Code, with respect to any prior service performed by that individual as such an officer; and

            (II) if the amount paid under subclause (I) is less than the amount of the repayment under subparagraph (C), the National Oceanic and Atmospheric Administration shall pay into the Government Securities Investment Fund (established under section 8438(b)(1)(A) of title 5, United States Code), on such individual’s behalf, an amount equal to the difference.

          (ii) APPLICABILITY- The provisions of paragraph (5)(C)(iv) shall apply with respect to any contribution to the Thrift Savings Plan made under clause (ii).

      (3) PRIORITY PLACEMENT PROGRAM- A priority placement program similar to the programs described in section 3329a of title 5, United States Code (as added by section 110 of this Act) shall be established by the National Oceanic and Atmospheric Administration to assist commissioned officers who are separated from the active list of the National Oceanic and Atmospheric Administration because of paragraph (1).

      (4) TRANSFER-

        (A) TRANSFERS TO ARMED FORCES- Subject to the approval of the Secretary of Defense and under terms and conditions specified by the Secretary, commissioned officers subject to paragraph (1) may transfer to the Armed Forces under section 716 of title 10, United States Code.

        (B) TRANSFERS TO UNITED STATES COAST GUARD- Subject to the approval of the Secretary of Transportation and under terms and conditions specified by the Secretary, commissioned officers subject to paragraph (1) may transfer to the United States Coast Guard under section 716 of title 10, United States Code.

        (C) TRANSFERS TO NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION- Subject to the approval of the Administrator of Oceans and Atmosphere and under terms and conditions specified by that Administrator, commissioned officers subject to paragraph (1) may be employed by the National Oceanic and Atmospheric Administration as members of the civil service.

      (5) RETIREMENT PROVISIONS-

        (A) IN GENERAL- For commissioned officers who transfer under paragraph (4)(A) to the Armed Forces, the National Oceanic and Atmospheric Administration shall pay into the Department of Defense Military Retirement Fund an amount, to be calculated by the Secretary of Defense in consultation with the Secretary of the Treasury, equal to the actuarial present value of any retired or retainer pay they will draw upon retirement, including full credit for service in the National Oceanic and Atmospheric Administration (referred to in this title as the ‘NOAA Corps’). Any payment under this subparagraph shall, for purposes of paragraph (2) of section 206(g), be considered to be an expenditure described in such paragraph.

        (B) OTHER TRANSFERS- For commissioned officers who transfer under paragraph (4)(B) to the United States Coast Guard, full credit for service in the NOAA Corps shall be given for purposes of any annuity or other similar benefit under the retirement system for members of the United States Coast Guard, entitlement to which is based on the separation of such officer.

        (C) PAYMENT TO CERTAIN COMMISSIONED OFFICERS WHO TRANSFER TO CIVIL SERVICE POSITIONS- (i) For a commissioned officer who becomes employed in a civil service position pursuant to paragraph (4)(C) and thereupon becomes subject to the Federal Employees’ Retirement System, the National Oceanic and Atmospheric Administration shall pay, on such officer’s behalf--

          (I) into the Civil Service Retirement and Disability Fund, the amounts required under clause (ii); and

          (II) into the Government Securities Investment Fund, the amount required under clause (iii).

        (ii)(I) The amount required under this subclause is the amount of any deposit required under section 8422(e)(1) of title 5, United States Code, with respect to any prior service performed by the individual as a commissioned officer of the National Oceanic and Atmospheric Administration.

        (II) To determine the amount required under this subclause, first determine, for each year of service with respect to which the deposit under subclause (I) relates, the product of the normal-cost percentage for such year (as determined under the last sentence of this subclause) multiplied by basic pay received by the individual for any such service performed in such year. Second, take the sum of the amounts determined for the respective years under the first sentence. Finally, subtract from such sum the amount of the deposit under subclause (I). For purposes of the first sentence, the normal-cost percentage for any year shall be as determined for such year under the provisions of section 8423(a)(1) of title 5, United States Code, except that, in the case of any year before the first year for which any normal-cost percentage was determined under such provisions, the normal-cost percentage for such first year shall be used.

        (iii) The amount required under this clause is the amount by which the separation pay to which the officer would have been entitled under the second sentence of paragraph (2)(A) (assuming the conditions for receiving such separation pay have been met) exceeds the amount of the deposit under clause (ii)(I), if at all.

        (iv)(I) Any contribution made under this subparagraph to the Thrift Savings Plan shall not be subject to any otherwise applicable limitation on contributions contained in the Internal Revenue Code of 1986, and shall not be taken into account in applying any such limitation to other contributions or benefits under the Thrift Savings Plan, with respect to the year in which the contribution is made.

        (II) A plan referred to in subclause (I) shall not be treated as failing to meet any nondiscrimination requirement by reason of the making of such contribution.

      (6) REPEALS-

        (A) IN GENERAL- The following provisions of law are repealed:

          (i) The Coast and Geodetic Survey Commissioned Officers’ Act of 1948 (33 U.S.C. 853a-853o, 853p-853u).

          (ii) Section 5 of the Act of February 16, 1929 (45 Stat. 1187, chapter 221; 33 U.S.C. 852a).

          (iii) The Act of January 19, 1942 (56 Stat. 6, chapter 6).

          (iv) Section 9(c) of Public Law 87-649 (76 Stat. 495).

          (v) Section 16 of the Act of May 22, 1917 (40 Stat. 87, chapter 20; 33 U.S.C. 854).

          (vi) The Act of December 3, 1942 (56 Stat. 1038, chapter 670).

          (vii) Sections 1 through 5 of Public Law 91-621 (33 U.S.C. 857-1 through 857-5).

          (viii) Section 3 of the Act of August 10, 1956 (70A Stat. 619, chapter 1041; 33 U.S.C. 857a).

          (ix) Section 11 of the Act of May 18, 1920 (41 Stat. 603, chapter 190; 33 U.S.C. 864).

          (x) The Act of July 22, 1947 (61 Stat. 400, chapter 286; 33 U.S.C. 873 and 874).

          (xi) The Act of August 3, 1956 (70 Stat. 988, chapter 932; 33 U.S.C. 875 and 876).

        (B) RULE OF CONSTRUCTION- No repeal under this subparagraph shall affect any annuity or other similar benefit payable, under any provision of law so repealed, based on the separation of any individual from the NOAA Corps on or before September 30, 2000. Any authority exercised by the Secretary of Commerce or the designee of the Secretary with respect to any such benefits shall be exercised by the Administrator of Oceans and Atmosphere, and any authorization of appropriations relating to those benefits, which is in effect as of September 30,

2000, shall be considered to have remained in effect.

        (C) EFFECTIVE DATE OF REPEALS- The effective date of the repeals under subparagraph (A) shall be October 1, 2000.

        (D) APPLICABILITY OF RETIREMENT LAWS-

          (i) IN GENERAL- All laws relating to the retirement of commissioned officers of the Navy shall apply to commissioned officers of the former Commissioned Officers Corps of the National Oceanic and Atmospheric Administration and its predecessors.

          (ii) ACTIVE MILITARY SERVICE- Active service of officers of the former Commissioned Officers Corps of the National Oceanic and Atmospheric Administration and its predecessors who have retired from the Commissioned Officers Corps shall be deemed to be active military service in the United States Navy for purposes of all rights, privileges, immunities, and benefits provided to retired commissioned officers of the Navy by the laws and regulations of the United States and any agency thereof. In the Administration of those laws (including regulations) with respect to retired officers of the former Commissioned Officers Corps of the National Oceanic and Atmospheric Administration and its predecessors, the authority of the Secretary of the Navy shall be exercised by the Administrator of Oceans and Atmosphere.

          (iii) ITS PREDECESSORS DEFINED- For purposes of this subparagraph, the term ‘its predecessors’ means the former Commissioned Officers Corps of the Environmental Science Services Administration and the former Commissioned Officers Corps of the Coast and Geodetic Survey.

      (7) CREDITABILITY OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION SERVICE FOR PURPOSES RELATING TO REDUCTIONS IN FORCE- A commissioned officer who is separated from the active list of the National Oceanic and Atmospheric Administration or its successor by reason of paragraph (1) shall, for purposes of any subsequent reduction in force, receive credit for any period of service performed as such an officer before separation from such list to the same extent and in the same manner as if the period had been a period of active service in the Armed Forces.

      (8) ABOLITION- Effective September 30, 2000, the Office of the National Oceanic and Atmospheric Administration Corps of Operations or its successor and the Commissioned Personnel Center are abolished.

    (h) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION FLEET-

      (1) SERVICE CONTRACTS- Notwithstanding any other provision of law, the Administrator of Oceans and Atmosphere shall enter into contracts, including multiyear contracts, subject to paragraph (3), for the use of vessels to conduct oceanographic research and fisheries research, monitoring, enforcement, and management, and to acquire other data necessary to carry out the missions of the National Oceanic and Atmospheric Administration. The Administrator of Oceans and Atmosphere shall enter into these contracts unless--

        (A) the cost of the contract is more than the cost (including the cost of vessel operation, maintenance, and all personnel) to the National Oceanic and Atmospheric Administration of obtaining those services on vessels of the National Oceanic and Atmospheric Administration;

        (B) the contract is for a period greater than 7 years; or

        (C) the data is acquired through a vessel agreement pursuant to paragraph (4).

      (2) VESSELS- The Administrator of Oceans and Atmosphere may not enter into any contract for the construction, lease-purchase, upgrade, or service life extension of any vessel.

      (3) MULTIYEAR CONTRACTS-

        (A) IN GENERAL- Subject to subparagraphs (B) and (C), and notwithstanding section 1341 of title 31, United States Code, and section 11 of title 41, United States Code, the Administrator of Oceans and Atmosphere may acquire data under multiyear contracts.

        (B) REQUIRED FINDINGS- The Administrator of Oceans and Atmosphere may not enter into a contract pursuant to this paragraph unless the Administrator finds, with respect to that contract, that there is a reasonable expectation that throughout the contemplated contract period the Administrator will request from Congress funding for the contract at the level

required to avoid the termination of that contract.

        (C) REQUIRED PROVISIONS- The Administrator of Oceans and Atmosphere may not enter into a contract under this paragraph unless the contract includes--

          (i) a provision under which the obligation of the United States to make payments under the contract for any fiscal year is subject to the availability of appropriations provided in advance for those payments;

          (ii) a provision that specifies the term of effectiveness of the contract; and

          (iii) appropriate provisions under which, in case of any termination of the contract before the end of the term specified pursuant to clause (ii), the United States shall only be liable for the lesser of--

            (I) an amount specified in the contract for such a termination; or

            (II) amounts that were appropriated before the date of the termination for the performance of the contract or for procurement of the type of acquisition covered by the contract and are unobligated on the date of the termination.

      (4) VESSEL AGREEMENTS- The Administrator of Oceans and Atmosphere--

        (A) shall, if appropriate, use excess capacity of University National Oceanographic Laboratory System vessels; and

        (B) may enter into memoranda of agreement with the operators of the vessels referred to in subparagraph (A) to carry out the requirement under that subparagraph.

      (5) TRANSFER OF EXCESS VESSELS- The Administrator of Oceans and Atmosphere shall transfer any vessel that weighs more than 1,500 gross tons that are excess to the needs of the National Oceanic and Atmospheric Administration to the National Defense Reserve Fleet. Notwithstanding any other provision of law, these vessels may be scrapped in accordance with section 510(i) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1160(i)).

    (i) NATIONAL MARINE FISHERIES SERVICE- There are transferred to the National Oceanic and Atmospheric Administration all functions that on the day before the effective date of this section are authorized by law to be performed by the National Marine Fisheries Service.

    (j) NATIONAL OCEAN SERVICE- Except as otherwise provided in this Act, there are transferred to the National Oceanic and Atmospheric Administration established under section 206 all functions and assets of the National Oceanic and Atmospheric Administration that on the date immediately before the effective date of this section are authorized to be performed by the National Ocean Service (including the Coastal Ocean Program).

    (k) TRANSFER OF COASTAL NONPOINT POLLUTION CONTROL FUNCTIONS- There are transferred to the Administrator of the Environmental Protection Agency the functions under section 6217 of the Omnibus Budget Reconciliation Act of 1990 (16 U.S.C. 1455b) that on the day before the effective date of this section are vested in the Secretary of Commerce.

    (l) TRANSFER OF UNITED STATES PATENT AND TRADEMARK ORGANIZATION- There are transferred to the National Oceanic and Atmospheric Administration established under section 206 all functions that, the day before the effective date of this section, are authorized by law to be performed by the United States Patent and Trademark Organization.

SEC. 206. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.

    (a) ESTABLISHMENT-

      (1) IN GENERAL- There is established as an independent agency in the executive branch the National Oceanic and Atmospheric Administration (in this section referred to as ‘NOAA’). NOAA, and all functions and offices transferred to NOAA under this Act, shall be administered under the supervision and direction of an Administrator of Oceans and Atmosphere.

      (2) ADMINISTRATOR OF OCEANS AND ATMOSPHERE- The Administrator of Oceans and Atmosphere shall--

        (A) be appointed by the President, by and with the advice and consent of the Senate; and

        (B) receive basic pay at the rate payable for level II of the Executive Schedule under section 5313 of title 5, United States Code.

      (3) FUNCTIONS- The Administrator of Oceans and Atmosphere shall perform the functions performed by the Administrator of the National Oceanic and Atmospheric Administration, except as otherwise provided in this Act.

    (b) PRINCIPAL OFFICER- There shall be in NOAA, on the transfer of functions and offices under this Act, a Director of the National Bureau of Standards, who--

      (1) shall be appointed by the President, by and with the advice and consent of the Senate; and

      (2) shall receive basic pay at the rate payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code.

    (c) ADDITIONAL OFFICERS-

      (1) IN GENERAL- There shall be in NOAA--

        (A) a Chief Financial Officer, to be appointed by the President, by and with the advice and consent of the Senate;

        (B) a Chief of External Affairs, to be appointed by the President, by and with the advice and consent of the Senate;

        (C) a General Counsel, to be appointed by the President, by and with the advice and consent of the Senate; and

        (D) an Inspector General, to be appointed in accordance with the Inspector General Act of 1978 (5 U.S.C. App.).

      (2) COMPENSATION- Each Officer appointed under this subsection shall receive basic pay at the rate payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code.

    (d) TRANSFER OF FUNCTIONS AND OFFICES- Except as otherwise provided in this Act, there are transferred to NOAA--

      (1) the functions and offices of the National Oceanic and Atmospheric Administration, as provided in section 205;

      (2) the National Bureau of Standards, along with its functions and offices, as provided in section 202; and

      (3) the Office of Space Commerce, along with its functions and offices.

    (e) ELIMINATION OF POSITIONS- The Administrator of Oceans and Atmosphere may eliminate positions that are no longer necessary because of the termination of functions under this section and sections 202 and 205.

    (f) AGENCY TERMINATIONS-

      (1) TERMINATIONS-

        (A) IN GENERAL- On the date specified in section 208(a), the following shall terminate:

          (i) The Office of the Deputy Administrator and Assistant Secretary of the National Oceanic and Atmospheric Administration.

          (ii) The Office of the Deputy Under Secretary of the National Oceanic and Atmospheric Administration.

          (iii) The Office of the Chief Scientist of the National Oceanic and Atmospheric Administration.

          (iv) The position of Deputy Assistant Secretary for Oceans and Atmosphere.

          (v) The position of Deputy Assistant Secretary for International Affairs.

          (vi) Any office of the National Oceanic and Atmospheric Administration or the National Bureau of Standards whose primary purpose is to perform high performance computing communications, legislative, personnel, public relations, budget, constituent, intergovernmental, international, policy and strategic planning, sustainable development, administrative, financial, educational, legal and coordination functions.

          (vii) The position of Associate Director of the National Institute of Standards and Technology.

        (B) REQUIREMENT- The functions referred to in subparagraph (A)(vi) shall be performed only by officers described in subsection (c).

      (2) TERMINATION OF EXECUTIVE SCHEDULE POSITIONS- Each position that, before the effective date of this section, was expressly authorized by law, or the incumbent of which is authorized to receive compensation at the rate prescribed for levels I through V of the Executive Schedule under sections 5312 through 5315 of title 5, United States Code, in an office terminated pursuant to this section and sections 202 and 205 shall also terminate.

SEC. 207. MISCELLANEOUS TERMINATIONS; MORATORIUM ON PROGRAM ACTIVITIES.

    (a) TERMINATIONS- The following agencies and programs of the Department of Commerce are terminated:

      (1) The Minority Business Development Administration.

      (2) The programs and activities of the National Telecommunications and Information Administration referred to in section 204(a).

      (3) The Advanced Technology Program under section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n), as in effect on the day before the effective date of section 202(d).

      (4) The Manufacturing Extension Programs under sections 25 and 26 of the National Institute

of Standards and Technology Act (15 U.S.C. 278k and 278l), as in effect on the day before the effective date of section 202(d).

      (5) The National Institute of Standards and Technology METRIC Program.

      (6) The Economics and Statistics Administration.

    (b) MORATORIUM ON PROGRAM ACTIVITIES- The authority to make grants, enter into contracts, provide assistance, incur obligations, or provide commitments (including any enlargement of existing obligations or commitments, except if required by law) with respect to the agencies and programs described in subsection (a) is terminated effective on the date of enactment of this Act.

SEC. 208. EFFECTIVE DATE.

    (a) IN GENERAL- Except as provided in subsection (b), this title shall take effect on the date specified in section 102(c).

    (b) PROVISIONS EFFECTIVE ON DATE OF ENACTMENT- The following provisions of this title shall take effect on the date of enactment of this Act:

      (1) Section 201.

      (2) Section 205(g), except as otherwise provided in that section.

      (3) Section 207(b).

      (4) This section.

TITLE III--ESTABLISHMENT OF UNITED STATES TRADE ADMINISTRATION

Subtitle A--General Provisions

SEC. 301. DEFINITIONS.

    In this title:

      (1) FEDERAL AGENCY- The term ‘Federal agency’ has the meaning given to the term ‘agency’ in section 551(1) of title 5, United States Code.

      (2) TRADE ADMINISTRATION- The term ‘Trade Administration’ means the United States Trade Administration established by section 311 of this Act.

      (3) TRADE REPRESENTATIVE- The term ‘Trade Representative’ means the United States Trade Representative provided for under section 311 of this Act.

Subtitle B--United States Trade Administration

CHAPTER 1--ESTABLISHMENT

SEC. 311. ESTABLISHMENT OF THE UNITED STATES TRADE ADMINISTRATION.

    (a) IN GENERAL- The Trade Administration is established in the executive branch of Government as an independent establishment as defined in section 104 of title 5, United States Code. The Trade Representative shall be the head of the Trade Administration and shall be appointed by the President, by and with the advice and consent of the Senate.

    (b) AMBASSADOR STATUS- The Trade Representative shall have the rank of Ambassador Extraordinary and Plenipotentiary and shall represent the United States in all trade negotiations conducted by the Trade Administration.

    (c) CONTINUED SERVICE OF CURRENT TRADE REPRESENTATIVE- The individual serving as Trade Representative on the date immediately preceding the effective date of this title may continue to serve as Trade Representative under this section until such time as the Trade Representative is appointed pursuant to subsection (a).

    (d) SUCCESSOR TO THE DEPARTMENT OF COMMERCE- The Trade Administration shall be the successor to the Department of Commerce for purposes of protocol.

SEC. 312. FUNCTIONS OF THE TRADE REPRESENTATIVE.

    (a) IN GENERAL- In addition to the functions transferred to the Trade Representative by this title, such other functions as the President may assign or delegate to the Trade Representative, and such other functions as the Trade Representative may, after the effective date of this title, be required to carry out by law, the Trade Representative 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 (19 U.S.C. 1872), 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, as the primary mandate of the Trade Administration, the goals of the United States to--

        (A) maintain United States leadership in international trade liberalization and expansion efforts;

        (B) reinvigorate the ability of the United States economy to compete in international markets and to respond flexibly to changes in international competition; and

        (C) expand United States participation in international trade through aggressive promotion and marketing of goods and services that are products of the United States;

      (3) exercise lead responsibility for the conduct of international trade negotiations, including negotiations relating to commodity matters and, to the extent that such negotiations are related to international trade, direct investment negotiations;

      (4) exercise lead responsibility for the establishment of a national export strategy, including policies designed to implement such strategy;

      (5) 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 to the extent necessary to assure the coordination of international trade policy;

      (6) seek and promote new opportunities for United States products and services to compete in the world marketplace;

      (7) assist small businesses in developing export markets;

      (8) enforce the laws of the United States relating to trade;

      (9) analyze economic trends and developments;

      (10) report directly to Congress--

        (A) on the administration of, and matters pertaining to, the trade agreements program under the 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 law relating to trade agreements; and

        (B) with respect to other issues pertaining to international trade;

      (11) keep each official adviser to the United States delegations to international conferences, meetings, and negotiation sessions relating to trade agreements who is appointed from the Committee on Finance of the Senate or the Committee on Ways and Means of the House of Representatives under section 161 of the Trade Act of 1974 (19 U.S.C. 2211) currently informed on United States negotiating objectives with respect to--

        (A) trade agreements;

        (B) the status of negotiations in progress with respect to such agreements; and

        (C) the nature of any changes in domestic law or the administration thereof that the Trade Representative may recommend to Congress to carry out any trade agreement;

      (12) consult and cooperate with State and local governments and other interested parties on international trade matters of interest to such governments and parties, and to the extent related to international trade matters, on investment matters, and, when appropriate, hold informal public hearings;

      (13) 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;

      (14) develop recommendations for national strategies and specific policies intended to enhance the productivity and international competitiveness of United States industries;

      (15) serve as the principal advisor to the President in identifying and assessing the consequences of any Government policies that adversely affect, or have the potential to adversely affect, the international competitiveness of United States industries and services;

      (16) promote cooperation between business, labor, and Government to improve industrial performance and the ability of United States industries to compete in international markets and to facilitate consultation and communication between the Government and the private sector about domestic industrial performance and prospects and the performance and prospects of foreign competitors; and

      (17) monitor and enforce foreign government compliance with international trade agreements to protect United States interests.

    (b) INTERAGENCY ORGANIZATION- The Trade Representative shall be the chairperson of the interagency organization established under section 242 of the Trade Expansion Act of 1962.

    (c) NATIONAL SECURITY COUNCIL- The Trade Representative shall be a member of the National Security Council.

    (d) ADVISORY COUNCIL- The Trade Representative shall be Deputy Chairman of the National Advisory Council on International Monetary and Financial Policies established under Executive Order No. 11269, issued February 14, 1966.

    (e) AGRICULTURE-

      (1) CONSULTATIONS- The Trade Representative shall consult with the Secretary of Agriculture or the designee of the Secretary of Agriculture on all matters that potentially involve international trade in agricultural products.

      (2) UNITED STATES DELEGATION- If an international meeting for negotiation or consultation includes discussion of international trade in agricultural products, the Trade Representative or the designee of the Trade Representative shall be Chairman of the United States delegation to such meeting and the Secretary of Agriculture or the designee of such Secretary shall be Vice Chairman. The provisions of this paragraph shall not limit the authority of the Trade Representative under subsection (h) to assign to the Secretary of Agriculture responsibility for the conduct of, or participation in, any trade negotiation or meeting.

    (f) TRADE PROMOTION- The Trade Representative shall be the chairperson of the Trade Promotion Coordinating Committee established under section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727).

    (g) NATIONAL ECONOMIC COUNCIL- The Trade Representative shall be a member of the National Economic Council established under Executive Order No. 12835, issued January 25, 1993.

    (h) INTERNATIONAL TRADE NEGOTIATIONS- Except where expressly prohibited by law, the Trade Representative, at the request or with the concurrence of the head of any other Federal agency, may assign the responsibility for conducting or participating in any specific international trade negotiation or meeting to the head of such agency whenever the Trade Representative determines that the subject matter of such international trade negotiation is related to the functions carried out by such agency.

CHAPTER 2--OFFICERS

SEC. 321. DEPUTY UNITED STATES TRADE REPRESENTATIVES.

    (a) ESTABLISHMENT- There shall be in the Trade Administration 3 Deputy United States Trade Representatives, who shall be appointed by the President, by and with the advice and consent of the Senate. The Deputy United States Trade Representatives shall exercise all functions under the direction of the Trade Representative, and shall include--

      (1) the Deputy United States Trade Representative for Negotiations (referred to in this title as the ‘Deputy Trade Representative for Negotiations’);

      (2) the Deputy United States Trade Representative to the World Trade Organization (referred to in this title as the ‘Deputy Trade Representative to the WTO’); and

      (3) the Deputy United States Trade Representative for Administration (referred to in this title as the ‘Deputy Trade Representative for Administration’).

    (b) FUNCTIONS OF DEPUTY TRADE REPRESENTATIVES-

      (1) DEPUTY TRADE REPRESENTATIVE FOR NEGOTIATIONS- The Deputy Trade Representative for Negotiations shall exercise all functions transferred under section 331 relating to trade negotiations and such other functions as the Trade Representative may direct and shall have the rank and status of Ambassador.

      (2) DEPUTY TRADE REPRESENTATIVE TO THE WTO- The Deputy Trade Representative to the WTO shall exercise all functions relating to representation to the World Trade Organization and shall have the rank and status of Ambassador.

      (3) DEPUTY TRADE REPRESENTATIVE FOR ADMINISTRATION-

        (A) ABSENCE, DISABILITY, OR VACANCY OF TRADE REPRESENTATIVE- The Deputy Trade Representative for Administration shall act for and exercise the functions of the Trade Representative during the absence or disability of the Trade Representative or in the event the office of the Trade Representative becomes vacant. The Deputy Administrator shall act for and exercise the functions of the Trade Representative until the absence or disability of the Trade Representative no longer exists or a successor to the Trade Representative has been appointed by the President and confirmed by the Senate.

        (B) FUNCTIONS- The Deputy Trade Representative for Administration shall exercise all functions, under the direction of the Trade Representative, transferred to or established in the Trade Administration, except those functions exercised by the Deputy United States Trade Representatives described in paragraphs (1) and (2), the Assistant Administrator for Export Promotion, the Inspector General of the Trade Administration, and the General Counsel of the Trade Administration.

SEC. 322. ASSISTANT ADMINISTRATORS.

    (a) ESTABLISHMENT- There shall be in the Trade Administration 4 Assistant Administrators, who shall be appointed by the President, by and with the advice and consent of the Senate. The Assistant Administrators shall exercise all functions under the direction of the Deputy Trade Representative for Administration and include--

      (1) the Assistant Administrator for Export Administration;

      (2) the Assistant Administrator for Import Administration;

      (3) the Assistant Administrator for Trade and Policy Analysis; and

      (4) the Assistant Administrator for Export Promotion.

    (b) FUNCTIONS OF ASSISTANT ADMINISTRATORS-

      (1) EXPORT ADMINISTRATION- The Assistant Administrator for Export Administration shall exercise all functions transferred under section 332(1)(C).

      (2) IMPORT ADMINISTRATION- The Assistant Administrator for Import Administration shall exercise all functions transferred under section 332(1)(D).

      (3) TRADE AND POLICY ANALYSIS- The Assistant Administrator for Trade and Policy Analysis shall exercise all functions transferred under section 332(1)(B) and all functions transferred under section 332(2).

      (4) EXPORT PROMOTION- The Assistant Administrator for Export Promotion shall exercise all functions transferred under sections 332(1)(A)(ii) and 333, and shall have the rank and status of Ambassador.

SEC. 323. GENERAL COUNSEL.

    There shall be in the Trade Administration 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 Trade Representative concerning the activities, programs, and policies of the Trade Administration.

SEC. 324. INSPECTOR GENERAL.

    There shall be in the Trade Administration an Inspector General who shall be appointed in accordance with the Inspector General Act of 1978, as amended by section 371(a) of this Act.

SEC. 325. CHIEF FINANCIAL OFFICER.

    There shall be in the Trade Administration a Chief Financial Officer who shall be appointed in accordance with section 901 of title 31, United States Code, as amended by section 371(e) of this Act. The Chief Financial Officer shall perform all functions prescribed by the Deputy Trade Representative for Administration, under the direction of the Deputy Trade Representative.

CHAPTER 3--TRANSFERS TO THE TRADE ADMINISTRATION

SEC. 331. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE.

    (a) ABOLISHMENT OF OFFICE OF THE USTR- Effective on the applicable date specified in section 102(c), the Office of the United States Trade Representative established by section 141 of the Trade Act of 1974 (19 U.S.C. 141) as in effect on the day before the applicable date specified in section 102(c) is abolished.

    (b) TRANSFER OF FUNCTIONS- Except as otherwise provided in this Act, all functions that on the day before the applicable date specified in section 102(c) are authorized to be performed by the United States Trade Representative, any other officer or employee of the Office of the United States Trade Representative acting in that capacity, or any agency or office of the Office of the United States Trade Representative, are transferred to the Trade Administration established under this title effective on that date.

    (c) DETERMINATION OF CERTAIN FUNCTIONS- If necessary, the Office of Management and Budget shall make any determination of the functions that are transferred under this title.

SEC. 332. TRANSFERS FROM THE DEPARTMENT OF COMMERCE.

    There are transferred to the Trade Administration the following functions:

      (1) All functions of, and all functions performed under the direction of, the following officers and employees of the Department of Commerce:

        (A)(i) The Under Secretary of Commerce for International Trade.

        (ii) The Director General of the United States and Foreign Commercial Service, relating to all functions exercised by the Service.

        (B) The Assistant Secretary of Commerce for International Economic Policy and the Assistant Secretary of Commerce for Trade Development.

        (C) The Under Secretary of Commerce for Export Administration.

        (D) The Assistant Secretary of Commerce for Import Administration.

      (2) All functions of the Secretary of Commerce relating to the National Trade Data Bank.

      (3) All functions of the Secretary of Commerce under the Tariff Act of 1930, the Uruguay Round Agreements Act, the Trade Act of 1974, and other Acts relating to international trade for which responsibility is not otherwise assigned under this title.

SEC. 333. TRADE AND DEVELOPMENT AGENCY.

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

SEC. 334. EXPORT-IMPORT BANK.

    (a) IN GENERAL-

      (1) TRANSFER OF FUNCTIONS- There are transferred to the Trade Representative all functions of the Secretary of Commerce relating to the Export-Import Bank of the United States.

      (2) CONFORMING AMENDMENT- Section 3(c)(1) of the Export-Import Bank Act of 1945 (12 U.S.C. 635a(c)(1)) is amended to read as follows:

    ‘(c)(1) There shall be a Board of Directors of the Bank consisting of the United States Trade Representative (who shall serve as Chairman), the President of the Export-Import Bank of the United States (who shall serve as Vice Chairman), the first Vice President, and 2 additional persons appointed by the President of the United States, by and with the advice and consent of the Senate.’.

    (b) EX OFFICIO MEMBER OF EXPORT-IMPORT BANK BOARD OF DIRECTORS- The Assistant Administrator for Export Promotion shall serve as an ex officio nonvoting member of the Board of Directors of the Export-Import Bank.

    (c) AMENDMENTS TO RELATED BANKING AND TRADE ACTS- Section 2301(h) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4721(h)) is amended to read as follows:

    ‘(h) ASSISTANCE TO EXPORT-IMPORT BANK- The Commercial Service shall provide such services as the Assistant Administrator for Export Promotion of the United States Trade Administration determines necessary to assist the Export-Import Bank of the United States to carry out the lending, loan guarantee, insurance, and other activities of the Bank.’.

SEC. 335. OVERSEAS PRIVATE INVESTMENT CORPORATION.

    (a) BOARD OF DIRECTORS- The second and third sentences of section 233(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2193(b)) are amended to read as follows: ‘The United States Trade Representative shall be the Chairman of the Board. The Administrator of the Agency for International Development (who shall serve as Vice Chairman) shall serve on the Board.’.

    (b) EX OFFICIO MEMBER OF OVERSEAS PRIVATE INVESTMENT CORPORATION BOARD OF DIRECTORS- The Assistant Administrator for Export Promotion of the United States Trade Administration shall serve as an ex officio nonvoting member of the Board of Directors of the Overseas Private Investment Corporation.

SEC. 336. CONSOLIDATION OF EXPORT PROMOTION AND FINANCING ACTIVITIES.

    (a) SUBMISSION OF PLAN-

      (1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the President shall transmit to Congress a comprehensive plan--

        (A) to consolidate Federal nonagricultural export promotion activities and export financing activities; and

        (B) to transfer those functions to the Trade Administration.

      (2) CONTENTS OF PLAN- The plan under paragraph (1) shall provide for--

        (A) the elimination of overlap and duplication among all Federal nonagricultural export promotion activities and export financing activities;

        (B) a unified budget for all Federal nonagricultural export promotion activities which eliminates funding for overlapping and duplicative activities identified under subparagraph (A); and

        (C) a long-term agenda for developing better cooperation between local, 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 export market research data.

    (b) PLAN ELEMENTS- The plan under subsection (a) shall--

      (1) place all Federal nonagricultural export promotion activities and export financing activities within the Trade Administration;

      (2) achieve an overall 25 percent reduction in the amount of funding for all Federal nonagricultural export promotion activities by not later than 2 years after the date of enactment of this Act;

      (3) identify any function of the Department of Commerce or of any other Federal department not transferred to the Trade Administration by this title, which should be transferred to the Trade Administration in order to ensure United States competitiveness in international trade; and

      (4) assess the feasibility and potential savings resulting from--

        (A) the consolidation of the Export-Import Bank of the United States and the Overseas Private Investment Corporation;

        (B) the consolidation of the Boards of Directors of the Export-Import Bank and the Overseas Private Investment Corporation; and

        (C) the consolidation of the Trade and Development Agency with the consolidations described in subparagraphs (A) and (B).

    (c) DEFINITION- As used in this section, the term ‘Federal nonagricultural export promotion activities’ means all programs or activities of any department or agency of the Federal Government (including trade missions, and 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.

SEC. 337. FUNCTIONS RELATED TO TEXTILE AGREEMENTS.

    (a) FUNCTIONS OF CITA-

      (1) IN GENERAL- Subject to paragraph (2), those functions delegated to the Committee for the Implementation of Textile Agreements established under Executive Order No. 11651 (7 U.S.C. 1854 note) (in this subsection referred to as ‘CITA’) are transferred to the Trade Administration.

      (2) OTHER FUNCTIONS- Those functions delegated to CITA that relate to the assessment of the impact of textile imports on domestic industry are transferred to the International Trade Commission. The International Trade Commission shall make a determination and advise the President of the determination not later than 60 days after receiving a request for an investigation.

    (b) ABOLITION OF CITA- CITA is abolished.

CHAPTER 4--ADMINISTRATIVE PROVISIONS

SEC. 341. PERSONNEL PROVISIONS.

    (a) APPOINTMENTS- The Trade Representative 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 Trade Representative and the Trade Administration. 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) IN GENERAL- At the request of the Trade Representative, the Director of the Office of Personnel Management shall, under section 5108 of title 5, United States Code, provide for the establishment in a grade level above GS-15 of the General Schedule, and in the Senior Executive Service, of a number of positions in the Trade Administration equal to the number of positions in that grade level which--

        (A) were used primarily for the performance of functions and offices transferred by this title; and

        (B) were assigned and filled on the day before the effective date of this title.

      (2) APPOINTMENTS- 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 to such position is an individual who is transferred in connection with the transfer of functions and offices pursuant to this title and, on the day before the effective date of this title, holds a position and has duties comparable to those of the position to which appointed pursuant to this subsection.

      (3) TERMINATION OF AUTHORITY- 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) EXCEPTION TO EXECUTIVE POSITION LIMITATION- 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 title.

    (c) EXPERTS AND CONSULTANTS- The Trade Representative may obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code, and compensate such experts and consultants for each day (including traveltime) at rates not in excess of the maximum rate of pay for a position above GS-15 of the General Schedule under section 5332 of such title. The Trade Representative 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) IN GENERAL-

        (A) VOLUNTARY SERVICES UNDER TITLE 31- The Trade Representative 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) VOLUNTARY SERVICES UNDER TITLE 5- The Trade Representative is authorized to accept volunteer service in accordance with the provisions of section 3111 of title 5, United States Code.

      (2) PAYMENT OF EXPENSES- The Trade Representative is authorized to provide for incidental expenses, including transportation, lodging, and subsistence for individuals who provide voluntary services under subparagraph (A) or (B) of paragraph (1).

      (3) LIMITATION- 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.

SEC. 342. DELEGATION AND ASSIGNMENT.

    Except as otherwise expressly prohibited by law or otherwise provided by this title, the Trade Representative may delegate any of the functions transferred to the Trade Representative by this title and any function transferred or granted to the Trade Representative after the effective date of this title to such officers and employees of the Trade Administration as the Trade Representative may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions by the Trade Representative under this section or under any other provision of this title shall relieve the Trade Representative of responsibility for the administration of such functions.

SEC. 343. SUCCESSION.

    (a) ORDER OF SUCCESSION- Subject to the authority of the President, and except as provided in section 321(b), the Trade Representative shall prescribe the order by which officers of the Trade Administration 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 Trade Representative or any other officer of the Trade Administration appointed by the President, by and with the advice and consent of the Senate, during the absence or disability of the Trade Representative or such other officer, or in the event of a vacancy in the office of the Trade Representative or such other officer.

    (b) CONTINUATION- Notwithstanding any other provision of law, and unless the President directs otherwise, an individual acting for the Trade Representative or another officer of the Trade Administration pursuant to subsection (a) shall continue to serve in that capacity until the absence or disability of the Trade Representative or such other officer no longer exists or a successor to the Trade Representative or such other officer has been appointed by the President and confirmed by the Senate.

SEC. 344. REORGANIZATION.

    (a) IN GENERAL- Subject to subsection (b), the Trade Representative is authorized to allocate or reallocate functions among the officers of the Trade Administration, and to establish, consolidate, alter, or discontinue such organizational entities in the Trade Administration as may be necessary or appropriate.

    (b) EXCEPTION- The Trade Representative may not exercise the authority under subsection (a) to establish,

consolidate, alter, or discontinue any organizational entity in the Trade Administration or allocate or reallocate any function of an officer or employee of the Trade Administration that is inconsistent with any specific provision of this title.

SEC. 345. RULES.

    The Trade Representative 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 Trade Representative determines necessary or appropriate to administer and manage the functions of the Trade Representative or the Trade Administration.

SEC. 346. FUNDS TRANSFER.

    The Trade Representative may, when authorized in an appropriation Act in any fiscal year, transfer funds from one appropriation to another within the Trade Administration, except that--

      (1) no appropriation for any fiscal year shall be either increased or decreased by more than 10 percent; and

      (2) no such transfer shall result in increasing any such appropriation above the amount authorized to be appropriated for that purpose.

SEC. 347. CONTRACTS, GRANTS, AND COOPERATIVE AGREEMENTS.

    (a) IN GENERAL- Subject to the provisions of the Federal Property and Administrative Services Act of 1949, the Trade Representative 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 Trade Representative considers necessary or appropriate to carry out the functions of the Trade Representative or the Trade Administration.

    (b) EXCEPTION- Notwithstanding any other provision of this title, the authority to enter into contracts or to make payments under this chapter 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 349.

SEC. 348. USE OF FACILITIES.

    (a) USE BY TRADE REPRESENTATIVE- In carrying out any function of the Trade Representative or the Trade Administration, the Trade Representative, 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.

    (b) USE OF TRADE REPRESENTATIVE FACILITIES- The Trade Representative, under terms, at rates, and for periods that the Trade Representative considers to be in the public interest, may permit the use by public and private agencies, corporations, associations or other organizations, or individuals, of any real property, or any facility, structure or other improvement thereon, under the custody of the Trade Representative. The Trade Representative 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. 349. GIFTS AND BEQUESTS.

    (a) IN GENERAL- The Trade Representative 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 Trade Administration. 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 Trade Representative. Property accepted pursuant to this subsection, and the proceeds thereof, shall be used as nearly as possible in accordance with the terms of the gift or bequest.

    (b) TAX TREATMENT- For the purpose of Federal income, estate, and gift taxes, and State taxes, property accepted under subsection (a) shall be considered a gift or bequest to or for the use of the United States.

    (c) INVESTMENT-

      (1) IN GENERAL- Upon the request of the Trade Representative, 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).

      (2) TREATMENT OF INCOME- Income accruing from the securities referred to in paragraph (1), and from any other property held by the Trade Representative pursuant to subsection (a), shall--

        (A) be deposited to the credit of the fund; and

        (B) be disbursed upon order of the Trade Representative.

SEC. 350. WORKING CAPITAL FUND.

    (a) ESTABLISHMENT- The Trade Representative is authorized to establish for the Trade Administration 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 Trade Representative 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 Trade Administration and its components;

      (2) central messenger, mail, and telephone service and other communications services;

      (3) office space and central services for document reproduction and for graphics and visual aids;

      (4) a central library service; and

      (5) such other services as may be approved by the Director of the Office of Management and Budget.

    (b) OPERATION OF FUND-

      (1) IN GENERAL- 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 Trade Representative may transfer to the fund, less the related liabilities and unpaid obligations.

      (2) ADVANCE REIMBURSEMENTS- The fund shall be reimbursed in advance from available funds of agencies and offices in the Trade Administration, 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.

      (3) OTHER CREDITS- In addition to the credits made under paragraph (1), the fund shall be credited with receipts from sale or exchange of property and receipts in payment for loss or damage to property owned by the fund.

      (4) SURPLUS- 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.

      (5) TRANSFERS TO 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 Trade Representative determines will be performed.

SEC. 351. SERVICE CHARGES.

    (a) AUTHORITY- Notwithstanding any other provision of law, the Trade Representative may establish reasonable fees and commissions with respect to applications, documents, awards, loans, grants, research data, services, and assistance administered by the Trade Administration. The Trade Representative may change and abolish such fees and commissions. Before establishing, changing, or abolishing any schedule of fees or commissions under this section, the Trade Representative may submit such schedule to Congress.

    (b) DEPOSITS- The Trade Representative is authorized to require a deposit before the Trade Representative provides any item, information, service, or assistance for which a fee or commission is required under this section.

    (c) DEPOSIT OF MONEYS- Moneys received under this section shall be deposited in the Treasury in a special account for use by the Trade Representative and are authorized to be appropriated and made available until expended.

    (d) FACTORS IN ESTABLISHING FEES AND COMMISSIONS- In establishing reasonable fees or commissions under this section, the Trade Representative may take into account--

      (1) the actual costs which will be incurred in providing the items, information, services, or assistance concerned;

      (2) the efficiency of the Government in providing such items, information, services, or assistance;

      (3) the portion of the cost that will be incurred in providing such items, information, services, or assistance which may be attributed to benefits for the general public rather than exclusively for the person to whom the items, information, services, or assistance is provided;

      (4) any public service which occurs through the provision of such items, information, services, or assistance; and

      (5) such other factors as the Trade Representative considers appropriate.

    (e) REFUNDS OF EXCESS PAYMENTS- In any case in which the Trade Representative determines that any person has made a payment which is not required under this section or has made a payment which is in excess of the amount required under this section, the Trade Representative, upon application or otherwise, may cause a refund to be made from applicable funds.

SEC. 352. SEAL OF OFFICE.

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

CHAPTER 5--RELATED AGENCIES

SEC. 361. INTERAGENCY TRADE ORGANIZATION.

    Section 242(a)(3) of the Trade Expansion Act of 1962 (19 U.S.C. 1872(a)(3)) is amended to read as follows:

      ‘(3)(A) The interagency organization established under subsection (a) shall be composed of--

        ‘(i) the United States Trade Representative, who shall be the chairperson,

        ‘(ii) the Secretary of Agriculture,

        ‘(iii) the Secretary of the Treasury,

        ‘(iv) the Secretary of Labor,

        ‘(v) the Secretary of State, and

        ‘(vi) the representatives of such other departments and agencies as the United States Trade Representative shall designate.

      ‘(B) The United States Trade Representative 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. 362. 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 paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively; and

      (2) by inserting after paragraph (4) the following new paragraph:

      ‘(5) the United States Trade Representative;’.

SEC. 363. INTERNATIONAL MONETARY FUND.

    Section 3 of the Bretton Woods Agreement Act (22 U.S.C. 286a) is amended by adding at the end the following new subsection:

    ‘(e) The United States executive director of the Fund shall consult with the United States Trade Representative with respect to matters under consideration by the Fund which relate to trade.’.

CHAPTER 6--CONFORMING AMENDMENTS

SEC. 371. AMENDMENTS TO GENERAL PROVISIONS.

    (a) INSPECTOR GENERAL- The Inspector General Act of 1978 (5 U.S.C. App. 1 et seq.) is amended--

      (1) in section 9(a)(1) by adding after subparagraph (W) the following:

        ‘(X) of the United States Trade Representative, all functions of the Inspector General of the Department of Commerce and the Office of the Inspector General of the Department of Commerce relating to the functions transferred to the United States Trade Representative by section 332 of the Department of Commerce Dismantling Act; and’; and

      (2) in section 11--

        (A) in paragraph (1) by inserting ‘the United States Trade Representative;’ after ‘the Attorney General;’; and

        (B) in paragraph (2) by inserting ‘the United States Trade Administration,’ after ‘Treasury;’.

    (b) AMENDMENT TO THE TRADE ACT OF 1974-

      (1) TRADE NEGOTIATIONS- Chapter 4 of title I of the Trade Act of 1974 (19 U.S.C. 2171) is amended to read as follows:

‘CHAPTER 4--ADMINISTRATION OF TRADE AGREEMENTS, REPRESENTATION IN TRADE NEGOTIATIONS, AND OTHER TRADE MATTERS

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

    ‘The United States Trade Representative, established under section 311 of the Department of Commerce Dismantling Act, shall--

      ‘(1) be the chief representative of the United States for each trade negotiation under this title or chapter 1 of title III of this Act, or subtitle A of title I of the Omnibus Trade and Competitiveness Act of 1988, or any other provision of law relating to international trade negotiations;

      ‘(2) be responsible for the administration of trade agreement programs under this Act, the Omnibus Trade and Competitiveness Act of 1988, the Trade Expansion Act of 1962, section 350 of the Tariff Act of 1930, and any other provision of law relating to trade agreement programs;

      ‘(3) advise the President and Congress with respect to nontariff barriers to international trade, international commodity agreements, and other matters which are related to trade agreement programs; and

      ‘(4) be responsible for making reports to the President and Congress with respect to the matters set forth in paragraphs (1) and (2).’.

      (2) TABLE OF CONTENTS- Title I of the table of contents of the Trade Act of 1974 is amended by striking the items relating to chapter 4 and section 141 and inserting:

‘Chapter 4--Administration of Trade Agreements, Representation in Trade Negotiations, and Other Trade Matters

      ‘Sec. 141. Functions of the United States Trade Representative.’.

    (d) FOREIGN SERVICE PERSONNEL- Section 202(a) of the Foreign Service Act of 1980 (22 U.S.C. 3922(a)) is amended by striking paragraph (3) and inserting:

      ‘(3) The United States Trade Representative may utilize the Foreign Service personnel system in accordance with this Act--

        ‘(A) with respect to the personnel performing functions--

          ‘(i) which were transferred to the Department of Commerce from the Department of State by Reorganization Plan No. 3 of 1979; and

          ‘(ii) which were subsequently transferred to the United States Trade Representative by section 332 of the Department of Commerce Dismantling Act; and

        ‘(B) with respect to other personnel of the United States Trade Administration to the extent the President determines to be necessary in order to enable the United States Trade Administration to carry out functions which require service abroad.’.

    (e) CHIEF FINANCIAL OFFICERS- Section 901(b)(1)(B) of title 31, United States Code, is amended to read as follows:

        ‘(B) The Trade Administration.’.

SEC. 372. REPEALS.

    (a) DEPARTMENT OF COMMERCE- The first section of the Act entitled ‘An Act to establish the Department of Commerce and Labor’, approved February 14, 1903 (15 U.S.C. 1501), is repealed.

    (b) UNDER SECRETARY; ASSISTANT SECRETARIES; OTHER POSITIONS-

      (1) Subsection (a) of the first section of the Act entitled ‘An Act to authorize an Under Secretary of

Commerce for Economic Affairs’, approved June 16, 1982 (96 Stat. 115; 15 U.S.C. 1503a), is repealed.

      (2) The Act entitled ‘An Act to provide for the appointment of one additional Assistant Secretary of Commerce, and for other purposes’, approved July 15, 1947 (15 U.S.C. 1505), is repealed.

      (3) The first sentence of section 304 of the Department of Commerce Appropriation Act, 1955 (15 U.S.C. 1506), is repealed.

      (4) The Act entitled ‘An Act to authorize an additional Assistant Secretary of Commerce’, approved February 16, 1962 (15 U.S.C. 1507), is repealed.

      (5) Subsection (a) of section 9 of the Maritime Appropriation Authorization Act for Fiscal Year 1978 (15 U.S.C. 1507b), is repealed.

      (6)(A) The first section of the Act of March 18, 1904 (33 Stat. 135, chapter 716; 15 U.S.C. 1508), is repealed.

      (B) Section 2 of the Act of July 17, 1952 (66 Stat. 758, chapter 932; 15 U.S.C. 1508), is repealed.

    (c) BUREAUS IN DEPARTMENT-

      (1) Sections 4 and 12 of the Act entitled ‘An Act to Establish the Department of Commerce and Labor’, approved February 14, 1903 (15 U.S.C. 1511), are repealed.

      (2) The first section of the Act of January 5, 1923 (42 Stat. 1109, chapter 23; 15 U.S.C. 1511), is repealed.

      (3) The first section of the Act of May 27, 1936 (49 Stat. 1380, chapter 463; 15 U.S.C. 1511), is repealed.

    (d) ANNUAL REPORTS- Section 8 of the Act entitled ‘An Act to Establish the Department of Commerce and Labor’, approved February 14, 1903 (15 U.S.C. 1519), is repealed.

    (e) WORKING CAPITAL FUND- Title III of the Act entitled ‘An Act making appropriations for the Departments of State, Justice, and Commerce for the fiscal year ending June 30, 1945, and for other purposes’, approved June 28, 1944 (15 U.S.C. 1521), is amended by striking the paragraph relating to the working capital fund of the Department of Commerce.

    (f) GIFTS, BEQUESTS, INVESTMENTS- Sections 1, 2, and 3 of Public Law 88-611 (15 U.S.C. 1522, 1523, and 1524) are repealed.

SEC. 373. CONFORMING AMENDMENTS RELATING TO EXECUTIVE SCHEDULE POSITIONS.

    (a) POSITIONS AT LEVEL II- Section 5313 of title 5, United States Code, is amended by adding at the end the following:

      ‘Deputy United States Trade Representatives (3).’.

    (b) POSITIONS AT LEVEL III- Section 5314 of title 5, United States Code, is amended by striking the item relating to Deputy United States Trade Representatives and inserting the following:

      ‘Assistant Administrators, United States Trade Administration (4).’.

    (c) POSITIONS AT LEVEL IV- Section 5315 of title 5, United States Code, is amended by adding at the end the following:

      ‘General Counsel, United States Trade Administration.

      ‘Inspector General, United States Trade Administration.

      ‘Chief Financial Officer, United States Trade Administration.’.

CHAPTER 7--MISCELLANEOUS

SEC. 381. EFFECTIVE DATE.

    (a) IN GENERAL- This title shall take effect on the effective date specified in section 102(c), except that--

      (1) section 336 shall take effect on the date of enactment of this Act; and

      (2) at any time after the date of enactment of this Act the officers provided for in chapter 2 may be nominated and appointed, as provided in such chapter.

    (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 title, 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) who will carry out such functions until funds for that purpose are otherwise available.

SEC. 382. INTERIM APPOINTMENTS.

    (a) IN GENERAL- If one or more officers required by this title to be appointed by and with the advice and consent of the Senate have not entered upon office on the effective date of this title 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 title, to act in the office until it is filled as provided by this title.

    (b) COMPENSATION- Any officer acting in an office pursuant to subsection (a) shall receive compensation at the rate prescribed by this title for such office.

SEC. 383. FUNDING REDUCTIONS RESULTING FROM REORGANIZATION.

    (a) FUNDING REDUCTIONS- Notwithstanding the transfer of functions under this title, and except as provided in subsection (b), the total amount appropriated by the United States in performing all functions vested in the Trade Representative and the Trade Administration pursuant to this title shall not exceed--

      (1) for the first fiscal year that begins after the date specified in section 102(c), 75 percent of the total amount appropriated in fiscal year 1998 for the performance of all those functions; and

      (2) for the second fiscal year that begins after the date specified in section 102(c) and for each fiscal year thereafter, 65 percent of the total amount appropriated in fiscal year 1998 for the performance of all those functions.

    (b) EXCEPTION- Subsection (a) shall not apply to obligations or expenditures incurred as a direct consequence of the termination, transfer, or other disposition of functions described in subsection (a) pursuant to this Act.

    (c) RULE OF CONSTRUCTION- This section shall supersede any other provision of law that does not--

      (1) explicitly refer to this section, and

      (2) create an exemption from this section.

    (d) RESPONSIBILITY OF TRADE REPRESENTATIVE- The Trade Representative, in consultation with the Director of the Office of Management and Budget, shall make such modifications in programs as are necessary to carry out the reductions in appropriations set forth in paragraphs (1) and (2) of subsection (a).

    (e) RESPONSIBILITIES OF THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET- The Director of the Office of Management and Budget shall include in each report under subsections (a) and (b) of section 106 a description of the actions taken to comply with the requirements of this section.

TITLE IV--STATISTICAL CONSOLIDATION

Subtitle A--General Provisions

SEC. 401. FINDINGS.

    Congress, recognizing the importance of statistical information in the development of national priorities and policies and in the administration of public programs, finds that--

      (1) improved coordination and planning among the statistical programs of the Federal Government is necessary--

        (A) to strengthen and improve the quality and utility of Federal statistics; and

        (B) to reduce duplication and waste in information collected for statistical purposes;

      (2) while the demand for statistical information has grown substantially over the 30-year period preceding the date of enactment of this Act, the lack of coordinated planning within the decentralized Federal statistical system has limited the usefulness of statistics in defining problems and determining national policies to deal with complex social and economic issues;

      (3) the establishment of a unified statistical policy for the Federal Government to ensure that--

        (A) data available from Federal statistical programs are responsive to the information needs of the President and Congress in developing national policies; and

        (B) necessary statistical information is collected with the least reporting burden imposed on individuals, businesses, and public entities;

      (4) a central statistical policy and coordination office is necessary--

        (A) to develop and implement a Federal statistical policy;

        (B) to establish priorities for Federal statistical programs;

        (C) to oversee and evaluate the statistical programs of the Government; and

        (D) to ensure that data collected for statistical purposes by the Government are collected and reported in accordance with established standards; and

      (5) it is conducive and integral to a sound Federal policy that the heads of major statistical agencies within a Federal department or agency have direct access to the head of such department or agency.

SEC. 402. SENSE OF CONGRESS.

    (a) CHIEF STATISTICIAN- It is the sense of Congress that--

      (1) a more centralized statistical system is integral to efficiency;

      (2) with increased efficiency comes better integration of research, methodology, survey design, and taking advantage of economies of scale;

      (3) the Chief Statistician should have the authority, personnel, and other resources necessary to carry out the duties of that office effectively, including duties relating to statistical forms clearance;

      (4) statistical forms clearance at the Office of Management and Budget should be better distinguished from regulatory forms clearance; and

      (5) recognizing that the Chief Statistician has numerous responsibilities with respect to statistical policy and coordination, the Chief Statistician should have a direct reporting relationship with the Director of the Office of Management and Budget.

    (b) CONFIDENTIALITY- It is the sense of Congress that--

      (1) entities of the Federal Government (including the Federal Council on Statistical Policy and the Interagency Council on Statistical Policy) and private entities should examine the efficacy of replacing the individual confidentiality provisions of statistical agencies with a single, uniform standard that guarantees confidentiality across the affected agencies; and

      (2) those entities should also examine the sharing of confidential data for statistical purposes within the Federal Statistical Service and special arrangements to permit the sharing of confidential data for statistical purposes with State agencies cooperating with Federal agencies in statistical programs.

    (c) DECENNIAL CENSUSES- It is the sense of Congress that the budget and functions of the Bureau of the Census relating to any decennial census of population should be segregated from the other budget and functions of the Bureau of the Census.

SEC. 403. DEFINITIONS.

    In this title:

      (1) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Federal Statistical Service.

      (2) CENSUS OF POPULATION- The term ‘census of population’ has the meaning given such term by section 141(g) of title 13, United States Code.

      (3) CHIEF STATISTICIAN- The term ‘Chief Statistician’ means the Chief Statistician of the Office of Management and Budget.

      (4) COUNCIL- The term ‘Council’ means the Federal Council on Statistical Policy under section 413.

      (5) DEPUTY ADMINISTRATOR- The term ‘Deputy Administrator’ means the Deputy Administrator of the Federal Statistical Service.

      (6) FEDERAL AGENCY- The term ‘Federal agency’ has the meaning provided the term ‘agency’ in section 551(1) of title 5, United States Code.

      (7) FUNCTION- The term ‘function’ includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program.

      (8) OFFICE- The term ‘office’ includes any office, bureau, institute, council, unit, or organizational entity, or any component thereof.

      (9) SERVICE- The term ‘Service’ means the Federal Statistical Service.

Subtitle B--Establishment of the Federal Statistical Service

SEC. 411. ESTABLISHMENT.

    The Federal Statistical Service is established as an independent establishment, as that term is defined in section 104 of title 5, United States Code, in the executive branch of the Federal Government.

SEC. 412. PRINCIPAL OFFICERS.

    (a) ADMINISTRATOR-

      (1) IN GENERAL- There shall be at the head of the Service an Administrator of the Federal Statistical Service, who shall be appointed, from among individuals nominated for that purpose by the Federal Council on Statistical Policy who are experienced in the collection and utilization of statistical data or

survey research, by the President, by and with the advice and consent of the Senate.

      (2) ADMINISTRATION- The Service, including all functions and offices transferred to the Service under this title, shall be administered, in accordance with the provisions of this title, under the supervision and direction of the Administrator.

      (3) COMPENSATION OF ADMINISTRATOR- The Administrator shall receive basic pay at the rate payable for level II of the Executive Schedule under section 5313 of title 5, United States Code.

    (b) DEPUTY ADMINISTRATOR-

      (1) IN GENERAL- There shall be in the Service a Deputy Administrator of the Federal Statistical Service who shall be appointed, from among individuals nominated for that purpose by the Federal Council on Statistical Policy who are experienced in the collection and utilization of statistical data or survey research, by the President, by and with the advice and consent of the Senate.

      (2) DUTIES OF DEPUTY ADMINISTRATOR- During the absence or disability of the Administrator, or in the event of a vacancy in the office of the Administrator, the Deputy Administrator shall act as Administrator. The Deputy Administrator shall perform such other duties and exercise such

powers as the Administrator may from time to time prescribe.

      (3) COMPENSATION OF DEPUTY ADMINISTRATOR- The Deputy Administrator shall receive basic pay at the rate payable for level III of the Executive Schedule under section 5314 of title 5, United States Code.

    (c) BUREAU DIRECTORS-

      (1) IN GENERAL- There shall be in the Service--

        (A) a Director of the Census who shall, on the transfer of functions and offices under section 203, serve as the head of the Bureau of the Census; and

        (B) a Director of the Bureau of Economic Analysis who shall, on the transfer of functions and offices under section 203, serve as the head of the Bureau of Economic Analysis; and

        (C) a Director of the Bureau of Labor Statistics who shall, on the transfer of functions and offices under subtitle C, serve as the head of the Bureau of Labor Statistics.

      (2) APPOINTMENT- Each of the Directors referred to in paragraph (1) shall be appointed by the President, by and with the advice and consent of the Senate.

      (3) COMPENSATION OF DIRECTOR OF BUREAU OF ECONOMIC ANALYSIS-

        (A) IN GENERAL- The position of Director of the Bureau of Economic Analysis shall be a Senior Executive Service position.

        (B) SENIOR EXECUTIVE SERVICE DEFINED- For purposes of this paragraph, the term ‘Senior Executive Service position’ shall have the same meaning as in section 3132(a) of title 5, United States Code.

      (4) TERMS- The term of office for each Director referred to in paragraph (1) shall be as specified in the predecessor under the applicable provision of law in effect on the day before the date of enactment of this Act, except that, notwithstanding section 21 of title 13, United States Code, the term of the Director of the Census shall be 4 years.

    (d) GENERAL COUNSEL- There shall be in the Service a General Counsel who shall administer the Office of General Counsel of the Federal Statistical Service. The General Counsel shall be appointed by the President, by and with the advice and consent of the Senate.

    (e) INSPECTOR GENERAL- There shall be in the Service an Inspector General appointed in accordance with the Inspector General Act of 1978 (5 U.S.C. App.).

SEC. 413. FEDERAL COUNCIL ON STATISTICAL POLICY.

    (a) ESTABLISHMENT- A Federal Council on Statistical Policy shall advise the Service.

    (b) COMPOSITION- The Council shall be composed of 9 members as follows:

      (1) The Administrator of the Federal Statistical Service.

      (2) The Director of the Census.

      (3) The Director of the Bureau of Labor Statistics.

      (4) The Director of the Bureau of Economic Analysis.

      (5) The Chief Statistician of the Office of Management and Budget.

      (6) Two members appointed by the Majority Leader of the Senate from among individuals who--

        (A) are not officers or employees of the Government; and

        (B) are especially qualified to serve on the Council by virtue of experience relating to 1 or more of the bureaus referred to in title III.

      (7) Two members appointed by the Speaker of the House of Representatives from among individuals who--

        (A) are not officers or employees of the Government; and

        (B) are especially qualified to serve on the Council by virtue of experience relating to 1 or more of the bureaus referred to in section 203 or subtitle C.

    (c) TERMS-

      (1) IN GENERAL- Each member under subsection (b)(6) shall be appointed for a term of 5 years, except that, of the members first appointed--

        (A) 1 shall be appointed for a term of 5 years; and

        (B) 1 shall be appointed for a term of 3 years.

      (2) STAGGERED TERMS- Each member under subsection (b)(7) shall be appointed for a term of 5 years, except that, of the members first appointed--

        (A) 1 shall be appointed for a term of 5 years; and

        (B) 1 shall be appointed for a term of 2 years.

    (d) FUNCTIONS-

      (1) IN GENERAL- The Council shall--

        (A) make any nominations required under section 412(a)(1);

        (B) serve as an advisory body to the Chief Statistician on confidentiality issues, such as those relating to--

          (i) the collection or sharing of data for statistical purposes among Federal agencies; and

          (ii) the sharing of data, for statistical purposes, by States and political subdivisions with the Federal Government; and

        (C) establish a statistical policy as described in section 401(3).

      (2) STUDY AND REPORT AS PROCEDURES-

        (A) STUDY- The Council shall study procedures for the release of major economic and social indicators by the Federal Government.

        (B) REPORT- Not later than 18 months after the date of enactment of this Act, the Council shall submit to Congress a report on the findings of the study under subparagraph (A).

      (3) STUDY OF FUNCTIONS-

        (A) STUDY- The Council shall study--

          (i) whether or not the functions of the Bureau of the Census relating to decennial censuses of population could be delineated from the other functions of the Bureau; and

          (ii) if the functions referred to in clause (i) could be delineated from other functions of the Bureau, recommendations on how such a delineation of functions might be achieved.

        (B) REPORT- Not later than 12 months after the date of enactment of this Act, the Council shall submit to Congress a report on the findings of the study conducted under subparagraph (A).

      (4) STUDY AND REPORT ON FIELD OFFICES-

        (A) STUDY- The Council shall study--

          (i) making as appropriate, the field offices of the Bureau of the Census part of the field offices of the Bureau of Labor Statistics; and

          (ii) any savings anticipated as a result of the implementation of clause (i).

        (B) REPORT- Not later than 12 months after the date of enactment of this Act, the Council shall submit to Congress a report on the findings of the study conducted under subparagraph (A).

    (e) COMPENSATION- Members of the Council under subsection (b)(6) shall be entitled to receive the daily equivalent of the rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Council.

    (f) CHAIRPERSON- The Chairperson of the Council shall be elected by and from the members for a term of 1 year.

Subtitle C--Transfers of Functions and Offices

SEC. 421. TRANSFER OF THE BUREAU OF LABOR STATISTICS.

    There is transferred to the Service the Bureau of Labor Statistics of the Department of Labor, along with all of its functions and offices.

SEC. 422. TRANSFER DATE.

    The transfers of functions and offices under this title shall be effective on the date specified in section 102(c).

Subtitle D--Administrative Provisions

SEC. 431. OFFICERS AND EMPLOYEES.

    The Administrator may appoint and fix the compensation of such officers and employees as may be necessary to carry out the functions of the Administrator and the Service. Except as otherwise provided by law, such officers and employees shall be appointed in accordance with the civil service laws and their compensation shall be fixed in accordance with title 5, United States Code.

SEC. 432. EXPERTS AND CONSULTANTS.

    The Administrator, as may be provided in appropriation Acts, obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code, and may compensate such experts and consultants

at rates not to exceed the daily rate prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code.

SEC. 433. ACCEPTANCE OF VOLUNTARY SERVICES.

    (a) IN GENERAL- Notwithstanding section 1342 of title 31, United States Code, the Administrator may accept, subject to regulations issued by the Office of Personnel Management, voluntary services if such services--

      (1) are to be uncompensated; and

      (2) are not used to displace any employee.

    (b) TREATMENT- Any individual who provides voluntary services under this section 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 injury) and sections 2671 through 2680 of title 28, United States Code (relating to tort claims).

SEC. 434. GENERAL AUTHORITY.

    In carrying out any function transferred by this Act, the Administrator, or any officer or employee of the Service, may exercise any authority available by law with respect to such function to the official or agency from which such function is transferred, and the actions of the Administrator in exercising such authority shall have the same force and effect as when exercised by such official or agency.

SEC. 435. DELEGATION.

    Except as otherwise provided in this title, the Administrator may delegate any function to such officers and employees of the Service as the Administrator may designate, and may authorize such successive redelegations of such functions within the Service as may be necessary or appropriate. No delegation of functions by the Administrator under this section or under any other provision of this title shall relieve the Administrator of responsibility for the Administration of such functions.

SEC. 436. REORGANIZATION.

    The Administrator may allocate or reallocate functions among the officers of the Service, and to establish, consolidate, alter, or abolish such offices or positions within the Service as may be necessary or appropriate.

SEC. 437. CONTRACTS.

    (a) IN GENERAL- Subject to the Federal Property and Administrative Services Act of 1949 and other applicable Federal law, the Administrator may make, enter into, and perform such contracts, grants, leases, cooperative agreements, and other similar transactions with Federal or other public agencies (including State and local governments) and private organizations and persons, and to make such payments, by way of advance or reimbursement, as the Administrator may determine necessary or appropriate to carry out functions of the Administrator or the Service.

    (b) APPROPRIATION AUTHORITY REQUIRED- No authority to enter into contracts or to make payments under this title shall be effective except to such extent or in such amounts as are provided in advance under appropriation Acts.

SEC. 438. REGULATIONS.

    The Administrator may prescribe such rules and regulations as the Administrator considers necessary or appropriate to administer and manage the functions of the Administrator or the Service, in accordance with chapter 5 of title 5, United States Code.

SEC. 439. SEAL.

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

SEC. 440. ANNUAL REPORT.

    The Administrator, in consultation with the Council, shall, as soon as practicable after the close of each fiscal year, make a single, comprehensive report to the President for transmission to Congress on the activities of the Service during such fiscal year.

Subtitle E--Miscellaneous

SEC. 441. INCIDENTAL TRANSFERS.

    The Director of the Office of Management and Budget, in consultation with the Administrator, shall make such determinations as may be necessary with regard to the functions, offices, or portions thereof transferred by this title, and 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, offices, or portions thereof, as may be necessary to carry out this title. The Director shall provide for the termination of the affairs of all entities terminated by this title and, in consultation with the Administrator, for such further measures and dispositions as may be necessary to effectuate the purposes of this title.

SEC. 442. REFERENCES.

    With respect to any function transferred by this title and exercised on or after the date of such transfer, any reference in any other Federal law to any department, commission, or agency or any officer or office the functions of which so transferred shall be deemed to refer to the Administrator, other official, or component of the Service to which this title transfers such functions.

SEC. 443. PROPOSED CHANGES IN LAW.

    Not later than 90 days after the date of enactment of this Act, the President shall submit to Congress a description of any changes in Federal law necessary to reflect any transfers or other measures under this title.

SEC. 444. TRANSITION.

    (a) USE OF FUNDS- Funds available to any department or agency (or any official or component thereof), the functions or offices of which are transferred to the Administrator or the Service by this title, may, with the approval

of the Director of the Office of Management and Budget, be used to pay the compensation and expenses of any officer appointed pursuant to this title and other transitional and planning expenses associated with the establishment of the Service or transfer of functions or offices thereto until such time as funds for such purposes are otherwise available.

    (b) USE OF PERSONNEL- With the consent of the appropriate department or agency head concerned, the Administrator may utilize the services of such officers, employees, and other personnel of the departments and agencies from which functions or offices have been transferred to the Administrator or the Service, for such period of time as may reasonably be needed to facilitate the orderly implementation of this title.

SEC. 445. INTERIM APPOINTMENTS.

    (a) AUTHORITY TO APPOINT- Notwithstanding any other provision of law, in the event that 1 or more officers required by this title to be appointed by and with the advice and consent of the Senate shall not have entered upon office on the date of the transfer of functions and offices under section 203 or subtitle C, the President may designate an officer in the executive branch to act in such office for 120 days or until the office is filled as provided in this title, whichever occurs first.

    (b) COMPENSATION- Any officer acting in an office in the Department pursuant to the provisions of subsection (a) shall receive compensation at the rate prescribed for such office under this title.

SEC. 446. CONFORMING AMENDMENTS.

    (a) DIRECTOR, BUREAU OF LABOR STATISTICS- Section 5315 of title 5, United States Code, as amended by this Act, is further amended by adding at the end the following new item:

      ‘Director, Bureau of Labor Statistics.’.

    (b) GENERAL COUNSEL; INSPECTOR GENERAL- Section 5315 of title 5, United States Code, as amended by subsection (a), is further amended by adding at the end the following new items:

      ‘General Counsel, Bureau of Labor Statistics.

      ‘Inspector General, Bureau of Labor Statistics.’.

    (c) BUREAU DIRECTORS- Section 5315 of title 5, United States Code, as amended by subsection (b), is further amended--

      (1) by striking ‘The Commissioner of Labor Statistics, Department of Labor’; and

      (2) by inserting after the item relating to the Director of the Census, the following new items:

      ‘Director of the Bureau of Labor Statistics, Federal Statistical Service.

      ‘Director of the Bureau of Economic Analysis, Federal Statistical Service.’.

    (d) DEPUTY ADMINISTRATOR- Section 5314 of title 5, United States Code, is amended by adding at the end the following new item:

      ‘Deputy Administrator, Federal Statistical Service.’.

    (e) ADMINISTRATOR- Section 5313 of title 5, United States Code, is amended by adding at the end the following new item:

      ‘Administrator, Federal Statistical Service.’.

TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. REFERENCES.

    Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a department or office from which a function is transferred by this Act--

      (1) to the head of such department or office is deemed to refer to the head of the department or office to which such function is transferred; or

      (2) to such department or office is deemed to refer to the department or office to which such function is transferred.

SEC. 502. EXERCISE OF AUTHORITIES.

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

SEC. 503. SAVINGS PROVISIONS.

    (a) LEGAL DOCUMENTS- All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges--

      (1) that have been issued, made, granted, or allowed to become effective by the President, the Secretary of Commerce, the United States Trade Representative, any officer or employee of any office transferred by this Act, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act; and

      (2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date),

    shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law.

    (b) PROCEEDINGS- This Act shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending on the date of enactment of this Act before an office transferred by this Act, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted.

    (c) SUITS- This Act shall not affect suits commenced before the date of enactment of this Act, and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted.

    (d) NONABATEMENT OF ACTIONS- No suit, action, or other proceeding commenced by or against the Department of Commerce or the Secretary of Commerce, or by or against any individual in the official capacity of such individual as an officer or employee of an office transferred by this Act, shall abate by reason of the enactment of this Act.

    (e) CONTINUANCE OF SUITS- If any Government officer in the official capacity of such officer is party to a suit with respect to a function of the officer, and under this Act such function is transferred to any other officer or office, then such suit shall be continued with the other officer or the head of such other office, as applicable, substituted or added as a party.

    (f) ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW- Except as otherwise provided by this Act, any statutory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to any function transferred by this Act shall apply to the exercise of such function by the head of the Federal agency, and other officers of the agency, to which such function is transferred by this Act.

SEC. 504. TRANSFER OF ASSETS.

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

SEC. 505. DELEGATION AND ASSIGNMENT.

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

SEC. 506. AUTHORITY OF DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET WITH RESPECT TO FUNCTIONS TRANSFERRED.

    (a) DETERMINATIONS- If necessary, the Director shall make any determination of the functions that are transferred under this Act.

    (b) INCIDENTAL TRANSFERS- The Director, at such time or times as the Director shall provide, may make such determinations as may be necessary with regard to the functions transferred by this Act, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this Act. The Director shall provide for the termination of the affairs of all entities terminated by this Act and for such further measures and dispositions as may be necessary to effectuate the purposes of this Act.

SEC. 507. CERTAIN VESTING OF FUNCTIONS CONSIDERED TRANSFERS.

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

SEC. 508. AVAILABILITY OF EXISTING FUNDS.

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

SEC. 509. DEFINITIONS.

    For purposes of this Act--

      (1) the term ‘function’ includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; and

      (2) the term ‘office’ includes any office, administration, agency, bureau, institute, council, unit, organizational entity, or component thereof.

SEC. 510. CONFORMING AMENDMENTS.

    Section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended--

      (1) in paragraph (1), by striking ‘or the Commissioner of the Social Security Administration;’ and inserting ‘the Commissioner of the Social Security Administration; the Administrator of the National Oceanic and Atmospheric Administration; or the Administrator of the Federal Statistical Service;’; and

      (2) in paragraph (2), by striking ‘or the Social Security Administration’ and inserting ‘the National Oceanic and Atmospheric Administration, the Federal Statistical Service, or the Social Security Administration’.