                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 12--TRADE ACT OF 1974
 
              SUBCHAPTER I--NEGOTIATING AND OTHER AUTHORITY
 
        Part 4--Office of the United States Trade Representative
 
Sec. 2171. Structure, functions, powers, and personnel


(a) Establishment within Executive Office of the President

    There is established within the Executive Office of the President 
the Office of the United States Trade Representative (hereinafter in 
this section referred to as the ``Office'').

(b) United States Trade Representative; Deputy United States Trade 
        Representatives

    (1) The Office shall be headed by the United States Trade 
Representative who shall be appointed by the President, by and with the 
advice and consent of the Senate. As an exercise of the rulemaking power 
of the Senate, any nomination of the United States Trade Representative 
submitted to the Senate for confirmation, and referred to a committee, 
shall be referred to the Committee on Finance. The United States Trade 
Representative shall hold office at the pleasure of the President, shall 
be entitled to receive the same allowances as a chief of mission, and 
shall have the rank of Ambassador Extraordinary and Plenipotentiary.
    (2) There shall be in the Office three Deputy United States Trade 
Representatives and one Chief Agricultural Negotiator who shall be 
appointed by the President, by and with the advice and consent of the 
Senate. As an exercise of the rulemaking power of the Senate, any 
nomination of a Deputy United States Trade Representative or the Chief 
Agricultural Negotiator submitted to the Senate for its advice and 
consent, and referred to a committee, shall be referred to the Committee 
on Finance. Each Deputy United States Trade Representative and the Chief 
Agricultural Negotiator shall hold office at the pleasure of the 
President and shall have the rank of Ambassador.
    (3) A person who has directly represented, aided, or advised a 
foreign entity (as defined by section 207(f)(3) of title 18) in any 
trade negotiation, or trade dispute, with the United States may not be 
appointed as United States Trade Representative or as a Deputy United 
States Trade Representative.

(c) Duties of United States Trade Representative and Deputy United 
        States Trade Representatives

    (1) The United States Trade Representative shall--
        (A) have primary responsibility for developing, and for 
    coordinating the implementation of, United States international 
    trade policy, including commodity matters, and, to the extent they 
    are related to international trade policy, direct investment 
    matters;
        (B) serve as the principal advisor to the President on 
    international trade policy and shall advise the President on the 
    impact of other policies of the United States Government on 
    international trade;
        (C) have lead responsibility for the conduct of, and shall be 
    the chief representative of the United States for, international 
    trade negotiations, including all negotiations on any matter 
    considered under the auspices of the World Trade Organization, 
    commodity and direct investment negotiations, in which the United 
    States participates;
        (D) issue and coordinate policy guidance to departments and 
    agencies on basic issues of policy and interpretation arising in the 
    exercise of international trade functions, including any matter 
    considered under the auspices of the World Trade Organization, to 
    the extent necessary to assure the coordination of international 
    trade policy and consistent with any other law;
        (E) act as the principal spokesman of the President on 
    international trade;
        (F) report directly to the President and the Congress regarding, 
    and be responsible to the President and the Congress for the 
    administration of, trade agreements programs;
        (G) advise the President and Congress with respect to nontariff 
    barriers to international trade, international commodity agreements, 
    and other matters which are related to the trade agreements 
    programs;
        (H) be responsible for making reports to Congress with respect 
    to matters referred to in subparagraphs (C) and (F);
        (I) be chairman of the interagency trade organization 
    established under section 1872(a) of this title, and shall consult 
    with and be advised by such organization in the performance of his 
    functions; and
        (J) in addition to those functions that are delegated to the 
    United States Trade Representative as of August 23, 1988, be 
    responsible for such other functions as the President may direct.

    (2) It is the sense of Congress that the United States Trade 
Representative should--
        (A) be the senior representative on any body that the President 
    may establish for the purpose of providing to the President advice 
    on overall economic policies in which international trade matters 
    predominate; and
        (B) be included as a participant in all economic summit and 
    other international meetings at which international trade is a major 
    topic.

    (3) The United States Trade Representative may--
        (A) delegate any of his functions, powers, and duties to such 
    officers and employees of the Office as he may designate; and
        (B) authorize such successive redelegations of such functions, 
    powers, and duties to such officers and employees of the Office as 
    he may deem appropriate.

    (4) Each Deputy United States Trade Representative shall have as his 
principal function the conduct of trade negotiations under this chapter 
and shall have such other functions as the United States Trade 
Representative may direct.
    (5) The principal function of the Chief Agricultural Negotiator 
shall be to conduct trade negotiations and to enforce trade agreements 
relating to United States agricultural products and services. The Chief 
Agricultural Negotiator shall be a vigorous advocate on behalf of United 
States agricultural interests. The Chief Agricultural Negotiator shall 
perform such other functions as the United States Trade Representative 
may direct.

(d) Unfair trade practices; additional duties of Representative; 
        advisory committee; definition

    (1) In carrying out subsection (c) of this section with respect to 
unfair trade practices, the United States Trade Representative shall--
        (A) coordinate the application of interagency resources to 
    specific unfair trade practice cases;
        (B) identify, and refer to the appropriate Federal department or 
    agency for consideration with respect to action, each act, policy, 
    or practice referred to in the report required under section 2241(b) 
    of this title, or otherwise known to the United States Trade 
    Representative on the basis of other available information, that may 
    be an unfair trade practice that either--
            (i) is considered to be inconsistent with the provisions of 
        any trade agreement and has a significant adverse impact on 
        United States commerce, or
            (ii) has a significant adverse impact on domestic firms or 
        industries that are either too small or financially weak to 
        initiate proceedings under the trade laws;

        (C) identify practices having a significant adverse impact on 
    United States commerce that the attainment of United States 
    negotiating objectives would eliminate; and
        (D) identify, on a biennial basis, those United States 
    Government policies and practices that, if engaged in by a foreign 
    government, might constitute unfair trade practices under United 
    States law.

    (2) For purposes of carrying out paragraph (1), the United States 
Trade Representative shall be assisted by an interagency unfair trade 
practices advisory committee composed of the Trade Representative, who 
shall chair the committee, and senior representatives of the following 
agencies, appointed by the respective heads of those agencies:
        (A) The Bureau of Economics and Business Affairs of the 
    Department of State.
        (B) The United States and Foreign Commercial Services of the 
    Department of Commerce.
        (C) The International Trade Administration (other than the 
    United States and Foreign Commercial Service) of the Department of 
    Commerce.
        (D) The Foreign Agricultural Service of the Department of 
    Agriculture.

The United States Trade Representative may also request the advice of 
the United States International Trade Commission regarding the carrying 
out of paragraph (1).
    (3) For purposes of this subsection, the term ``unfair trade 
practice'' means any act, policy, or practice that--
        (A) may be a subsidy with respect to which countervailing duties 
    may be imposed under subtitle A of title VII [19 U.S.C. 1671 et 
    seq.];
        (B) may result in the sale or likely sale of foreign merchandise 
    with respect to which antidumping duties may be imposed under 
    subtitle B of title VII [19 U.S.C. 1673 et seq.];
        (C) may be either an unfair method of competition, or an unfair 
    act in the importation of articles into the United States, that is 
    unlawful under section 337 [19 U.S.C. 1337]; or
        (D) may be an act, policy, or practice of a kind with respect to 
    which action may be taken under subchapter III of this chapter.

(e) Powers of United States Trade Representative

    The United States Trade Representative may, for the purpose of 
carrying out his functions under this section--
        (1) subject to the civil service and classification laws, 
    select, appoint, employ, and fix the compensation of such officers 
    and employees as are necessary and prescribe their authority and 
    duties, except that not more than 20 individuals may be employed 
    without regard to any provision of law regulating the employment or 
    compensation at rates not to exceed the rate of pay for level IV of 
    the Executive Schedule in section 5314 \1\ of title 5;
---------------------------------------------------------------------------
    \1\ So in original. Probably should be section ``5315''.
---------------------------------------------------------------------------
        (2) employ experts and consultants in accordance with section 
    3109 of title 5 and compensate individuals so employed for each day 
    (including traveltime) at rates not in excess of the maximum rate of 
    pay for grade GS-18 as provided in section 5332 of title 5 and while 
    such experts and consultants are so serving away from their homes or 
    regular place of business, to pay such employees travel expenses and 
    per diem in lieu of subsistence at rates authorized by section 5703 
    of title 5 for persons in Government service employed 
    intermittently;
        (3) promulgate such rules and regulations as may be necessary to 
    carry out the functions, powers and duties vested in him;
        (4) utilize, with their consent, the services, personnel, and 
    facilities of other Federal agencies;
        (5) enter into and perform such contracts, leases, cooperative 
    agreements, or other transactions as may be necessary in the conduct 
    of the work of the Office and on such terms as the United States 
    Trade Representative may deem appropriate, with any agency or 
    instrumentality of the United States, or with any public or private 
    person, firm, association, corporation, or institution;
        (6) accept voluntary and uncompensated services, notwithstanding 
    the provisions of section 1342 of title 31;
        (7) adopt an official seal, which shall be judicially noticed;
        (8) pay for expenses approved by him for official travel without 
    regard to the Federal Travel Regulations or to the provisions of 
    subchapter I of chapter 57 of title 5 (relating to rates of per diem 
    allowances in lieu of subsistence expenses);
        (9) accept, hold, administer, and utilize gifts, devises, and 
    bequests of property, both real and personal, for the purpose of 
    aiding or facilitating the work of the Office;
        (10) acquire, by purchase or exchange, not more than two 
    passenger motor vehicles ffor use abroad, except that no vehicle may 
    be acquired at a cost exceeding $9,500; and
        (11) provide, where authorized by law, copies of documents to 
    persons at cost, except that any funds so received shall be credited 
    to, and be available for use from, the account from which 
    expenditures relating thereto were made.

(f) Use of other Federal agencies

    The United States Trade Representative shall, to the extent he deems 
it necessary for the proper administration and execution of the trade 
agreements programs of the United States, draw upon the resources of, 
and consult with, Federal agencies in connection with the performance of 
his functions.

(g) Authorization of appropriations

    (1)(A) There are authorized to be appropriated to the Office for the 
purposes of carrying out its functions not to exceed the following:
        (i) $23,250,000 for fiscal year 1991.
        (ii) $21,077,000 for fiscal year 1992.

    (B) Of the amounts authorized to be appropriated under subparagraph 
(A) for any fiscal year--
        (i) not to exceed $98,000 may be used for entertainment and 
    representation expenses of the Office;
        (ii) not to exceed $2,050,000 may be used to pay the United 
    States share of the expenses of binational panels and extraordinary 
    challenge committees convened pursuant to chapter 19 of the United 
    States-Canada Free-Trade Agreement; and
        (iii) not to exceed $1,000,000 shall remain available until 
    expended.

    (2) For the fiscal year beginning October 1, 1982, and for each 
fiscal year thereafter, there are authorized to be appropriated to the 
Office for the salaries of its officers and employees such additional 
sums as may be provided by law to reflect pay rate changes made in 
accordance with the Federal Pay Comparability Act of 1970.

(Pub. L. 93-618, title I, Sec. 141, Jan. 3, 1975, 88 Stat. 1999; Pub. L. 
97-456, Sec. 3(a)-(d)(2), Jan. 12, 1983, 96 Stat. 2504, 2505; Pub. L. 
98-573, title III, Sec. 304(d)(2)(A), title VII, Sec. 703, Oct. 30, 
1984, 98 Stat. 3004, 3043; Pub. L. 99-272, title XIII, Sec. 13023, Apr. 
7, 1986, 100 Stat. 307; Pub. L. 99-514, title XVIII, Sec. 1887(a)(3), 
(4), Oct. 22, 1986, 100 Stat. 2923; Pub. L. 100-203, title IX, 
Sec. 9504, Dec. 22, 1987, 101 Stat. 1330-382; Pub. L. 100-418, title I, 
Sec. 1601, Aug. 23, 1988, 102 Stat. 1260; Pub. L. 101-207, Sec. 1(a), 
Dec. 7, 1989, 103 Stat. 1833; Pub. L. 101-382, title I, Sec. 103(a), 
Aug. 20, 1990, 104 Stat. 634; Pub. L. 103-465, title VI, Sec. 621(a)(8), 
Dec. 8, 1994, 108 Stat. 4993; Pub. L. 104-65, Sec. 21(b), Dec. 19, 1995, 
109 Stat. 704; Pub. L. 104-295, Sec. 20(f)(1), Oct. 11, 1996, 110 Stat. 
3529; Pub. L. 106-36, title I, Sec. 1001(a)(2), June 25, 1999, 113 Stat. 
130; Pub. L. 106-200, title IV, Sec. 406, May 18, 2000, 114 Stat. 293.)

                       References in Text

    Subtitles A and B of title VII and section 337, referred to in 
subsec. (d)(3)(A) to (C), probably mean subtitles A and B of title VII 
and section 337 of the Tariff Act of 1930 which is act June 17, 1930, 
ch. 497, 46 Stat. 590, as amended. Subtitles A and B of title VII of the 
Tariff Act of 1930 are classified generally to parts I and II (Sec. 1671 
et seq. and 1673 et seq., respectively) of subtitle IV of chapter 4 of 
this title. Section 337 of the Tariff Act of 1930 is classified to 
section 1337 of this title. For complete classification of this Act to 
the Code, see section 1654 of this title and Tables.
    Subchapter III of this chapter, referred to in subsec. (d)(3)(D), 
was in the original ``title III of the Trade Act of 1974'', which is 
Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 1 of 
title III of the Trade Act of 1974 is classified generally to subchapter 
III (Sec. 2411 et seq.) of this chapter. For complete classification of 
title III to the Code, see Tables.
    The civil service laws, referred to in subsec. (e)(1), are set forth 
in Title 5, Government Organization and Employees. See, particularly, 
section 3301 et seq. of Title 5.
    The classification laws, referred to in subsec. (e)(1), are set 
forth in chapter 51 (Sec. 5101 et seq.) and subchapter III (Sec. 5331 et 
seq.) of chapter 53 of Title 5.
    The Federal Pay Comparability Act of 1970, referred to in subsec. 
(g)(2), is Pub. L. 91-656, Jan. 8, 1971, 84 Stat. 1946, as amended, 
which enacted sections 5305 to 5308 and 5947 of Title 5, amended 
sections 5108, 5301, and 5942 of Title 5 and section 410 of Title 39, 
Postal Service, repealed section 5302 of Title 5, and enacted provisions 
set out as notes under sections 5303 and 5942 of Title 5, section 60a of 
Title 2, The Congress, and section 410 of Title 39. For complete 
classification of the Act to the Code see Short Title note set out under 
section 5301 of Title 5 and Tables.

                          Codification

    Section is comprised of section 141 of Pub. L. 93-618. Section 
141(b) of Pub. L. 93-618 contains two pars. (3), the first of which 
amended sections 5312 and 5314 of Title 5, Government Organization and 
Employees.


                               Amendments

    2000--Subsec. (b)(2). Pub. L. 106-200, Sec. 406(1), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``There shall 
be in the Office three Deputy United States Trade Representatives who 
shall be appointed by the President, by and with the advice and consent 
of the Senate. As an exercise of the rulemaking power of the Senate, any 
nomination of a Deputy United States Trade Representative submitted to 
the Senate for confirmation, and referred to a committee, shall be 
referred to the Committee on Finance. Each Deputy United States Trade 
Representative shall hold office at the pleasure of the President and 
shall have the rank of Ambassador.''
    Subsec. (c)(5). Pub. L. 106-200, Sec. 406(2), added par. (5).
    1999--Subsec. (b)(3). Pub. L. 106-36 struck out ``Limitation on 
appointments.--'' after ``(3)'' and realigned margins.
    1996--Subsec. (c)(1)(D). Pub. L. 104-295 struck out comma after 
``World Trade Organization,''.
    1995--Subsec. (b)(3). Pub. L. 104-65 added par. (3).
    1994--Subsec. (c)(1)(C). Pub. L. 103-465, Sec. 621(a)(8)(A), 
inserted ``all negotiations on any matter considered under the auspices 
of the World Trade Organization,'' after ``including''.
    Subsec. (c)(1)(D). Pub. L. 103-465, Sec. 621(a)(8)(B), inserted ``, 
including any matter considered under the auspices of the World Trade 
Organization,'' after ``functions''.
    1990--Subsec. (g)(1). Pub. L. 101-382 amended par. (1) generally. 
Prior to amendment, par. (1) read as follows:
    ``(A) There are authorized to be appropriated for fiscal year 1990 
to the Office for the purposes of carrying out its functions not to 
exceed $19,651,000.
    ``(B) Of the amounts authorized to be appropriated under 
subparagraph (A) for fiscal year 1990--
        ``(i) not to exceed $89,000 may be used for entertainment and 
    representation expenses of the Office; and
        ``(ii) not to exceed $1,000,000 shall remain available until 
    expended.''
    1989--Subsec. (g)(1). Pub. L. 101-207, in subpar. (A), substituted 
``1990'' for ``1988'' and ``$19,651,000'' for ``$15,172,000'', and in 
subpar. (B), substituted ``1990'' for ``1988'' in introductory 
provisions, and ``$89,000'' for ``$69,000'' in cl. (i).
    1988--Subsec. (c)(1). Pub. L. 100-418, Sec. 1601(a)(1), amended par. 
(1) generally. Prior to amendment, par. (1) read as follows: ``The 
United States Trade Representative shall--
        ``(A) be the chief representative of the United States for each 
    trade negotiation under this subchapter or section 2411 of this 
    title;
        ``(B) report directly to the President and the Congress, and be 
    responsible to the President and the Congress for the administration 
    of trade agreements programs under this chapter, the Trade Expansion 
    Act of 1962 [19 U.S.C. 1801 et seq.], and section 1351 of this 
    title;
        ``(C) advise the President and Congress with respect to 
    nontariff barriers to international trade, international commodity 
    agreements, and other matters which are related to the trade 
    agreements programs;
        ``(D) be responsible for making reports to Congress with respect 
    to the matter set forth in subparagraphs (A) and (B);
        ``(E) be chairman of the interagency trade organization 
    established pursuant to section 242(a) of the Trade Expansion Act of 
    1962 [19 U.S.C. 1872(a)]; and
        ``(F) be responsible for such other functions as the President 
    may direct.''
    Subsec. (c)(2) to (4). Pub. L. 100-418, Sec. 1601(a)(2), (3), added 
par. (2) and redesignated former pars. (2) and (3) as (3) and (4), 
respectively.
    Subsecs. (d) to (g). Pub. L. 100-418, Sec. 1601(b)(1), (2), added 
subsec. (d) and redesignated former subsecs. (d) to (f) as (e) to (g), 
respectively.
    1987--Subsec. (f)(1). Pub. L. 100-203 amended par. (1) generally. 
Prior to amendment, par. (1) read as follows: ``There are authorized to 
be appropriated to the Office for the purpose of carrying out its 
functions $13,582,000 for fiscal year 1986; of which not to exceed 
$80,000 may be used for entertainment and representation expenses.''
    1986--Subsec. (d)(1). Pub. L. 99-272, Sec. 13023(1), inserted 
provision that not more than 20 individuals may be employed without 
regard to any provision of law regulating the employment or compensation 
at rates not to exceed the rate of pay for level IV of the Executive 
Schedule.
    Subsec. (d)(6). Pub. L. 99-514, Sec. 1887(a)(3), substituted ``1342 
of title 31'' for ``3679(b) of the Revised Statutes (31 U.S.C. 
665(b))''.
    Subsec. (d)(8), (11). Pub. L. 99-514, Sec. 1887(a)(4), redesignated 
the par. (8) relating to the provision of copies of documents to persons 
at cost as par. (11).
    Subsec. (f)(1). Pub. L. 99-272, Sec. 13023(2), substituted 
``$13,582,000 for fiscal year 1986'' for ``$14,179,000 for fiscal year 
1985''.
    1984--Subsec. (d)(6) to (8). Pub. L. 98-573, Sec. 304(d)(2)(A), 
which directed that a new par. (8), relating to the provision of copies 
of documents to persons at cost, be added to subsec. (d) by striking out 
``and'' at the end of par. (6), substituting ``; and'' for the period at 
the end of par. (7), and adding the new par. (8) at the end thereof, was 
executed by adding the new par. (8) following par. (10). Amendments to 
pars. (6) and (7) could not be executed.
    Subsec. (f)(1). Pub. L. 98-573, Sec. 703, substituted provisions 
authorizing appropriations of $14,179,000 for fiscal year 1985, of which 
not more than $80,000 may be used for entertainment and representation 
for provisions authorizing appropriations of $11,100,000 for fiscal year 
1983, of which not more than $65,000 could be used for entertainment and 
representation expenses.
    1983--Subsec. (a). Pub. L. 97-456, Sec. 3(d)(1)(D), substituted 
``United States Trade Representative'' for ``Special Representative for 
Trade Negotiations''.
    Subsec. (b)(1). Pub. L. 97-456, Sec. 3(d)(1)(D), substituted 
``United States Trade Representative'' for ``Special Representative for 
Trade Negotiations'' wherever appearing.
    Subsec. (b)(2). Pub. L. 97-456, Sec. 3(c), (d)(2)(A), (B), 
substituted ``three Deputy United States Trade Representatives'' for 
``two Deputy Special Representatives for Trade Negotiations'' after ``in 
the Office'', ``a Deputy United States Trade Representative'' for ``a 
Deputy Special Representative'' after ``any nomination of a'', and 
``Deputy United States Trade Representative'' for ``Deputy Special 
Representative for Trade Negotiations'' after ``Each''.
    Subsec. (c)(1). Pub. L. 97-456, Sec. 3(d)(1)(D), substituted 
``United States Trade Representative'' for ``Special Representative for 
Trade Negotiations'' in provisions preceding subpar. (A).
    Subsec. (c)(2). Pub. L. 97-456, Sec. 3(b)(1), added par. (2). Former 
par. (2) redesignated (3).
    Subsec. (c)(3). Pub. L. 97-456, Sec. 3(b)(1), (d)(2)(C), (D), 
redesignated former par. (2) as (3) and substituted ``Deputy United 
States Trade Representative'' for ``Deputy Special Representative for 
Trade Negotiations'' after ``Each'' and ``United States Trade 
Representative'' for ``Special Representative for Trade Negotiations'' 
after ``such other functions as the''.
    Subsec. (d). Pub. L. 97-456, Sec. 3(d)(1)(D), substituted ``United 
States Trade Representative'' for ``Special Representative for Trade 
Negotiations'' in provisions preceding par. (1).
    Subsec. (d)(3). Pub. L. 97-456, Sec. 3(b)(2), inserted ``, powers 
and duties'' after ``functions''.
    Subsec. (d)(5). Pub. L. 97-456, Sec. 3(d)(1)(D), substituted 
``United States Trade Representative'' for ``Special Representative for 
Trade Negotiations''.
    Subsec. (d)(8) to (10). Pub. L. 97-456, Sec. 3(b)(3)-(5), added 
pars. (8) to (10).
    Subsec. (e). Pub. L. 97-456, Sec. 3(d)(1)(D), substituted ``United 
States Trade Representative'' for ``Special Representative for Trade 
Negotiations''.
    Subsec. (f). Pub. L. 97-456, Sec. 3(a), substituted provisions 
authorizing for appropriation $11,100,000 for fiscal 1983, of which no 
more than $65,000 could be used for entertainment and representation 
expenses, and authorizing for appropriation such additional sums as 
might be provided in accordance with the Federal Pay Comparability Act 
of 1970, for provisions authorizing for appropriation necessary sums for 
fiscal 1976 and each fiscal year thereafter any part of which was within 
the five-year period beginning on Jan. 3, 1975.
    Subsec. (g). Pub. L. 97-456, Sec. 3(d)(1), struck out subsec. (g) 
which abolished the Office of Special Representative for Trade 
Negotiations and transferred its assets and obligations to the Office of 
United States Trade Representative.
    Subsec. (h). Pub. L. 97-456, Sec. 3(d)(1), struck out subsec. (h) 
which permitted any individual holding the position of Special 
Representative for Trade Negotiations or Deputy Special Representative 
for Trade Negotiations on Jan. 3, 1975, appointed with the advice and 
consent of the Senate, to continue to hold such position, and provided 
for the transfer of personnel employed by the Office of Special 
Representative for Trade Negotiations on Jan. 2, 1975, to the Office of 
United States Trade Representative.


                    Effective Date of 1995 Amendment

    Amendment by Pub. L. 104-65 applicable with respect to an individual 
appointed as United States Trade Representative or as a Deputy United 
States Trade Representative on or after Dec. 19, 1995, see section 21(c) 
of Pub. L. 104-65, set out as a note under section 207 of Title 18, 
Crimes and Criminal Procedure.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-465 effective on the date on which the WTO 
Agreement enters into force with respect to the United States [Jan. 1, 
1995], see section 621(b) of Pub. L. 103-465, set out as a note under 
section 1677k of this title.


    Waiver of Provisions Limiting Appointment of Trade Representative

    Pub. L. 105-5, Mar. 17, 1997, 111 Stat. 11, provided: ``That 
notwithstanding the provisions of paragraph (3) of section 141(b) of the 
Trade Act of 1974 (19 U.S.C. 2171(b)(3)) or any other provision of law, 
the President, acting by and with the advice and consent of the Senate, 
is authorized to appoint Charlene Barshefsky as the United States Trade 
Representative.''


         References in Other Laws to GS-16, 17, or 18 Pay Rates

    References in laws to the rates of pay for GS-16, 17, or 18, or to 
maximum rates of pay under the General Schedule, to be considered 
references to rates payable under specified sections of Title 5, 
Government Organization and Employees, see section 529 [title I, 
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 
of Title 5.


Senior Commercial Officers To Hold Title of Minister-Counselor; Maximum 
                            Number Designated

    Provisions requiring the Secretary of State, upon the request of the 
Secretary of Commerce, to accord the diplomatic title of Minister-
Counselor to the senior Commercial Officer assigned to any United States 
mission abroad with a limit on the number of Commercial Service officers 
accorded such diplomatic title at any time were contained in the 
following appropriation acts:
    Pub. L. 102-395, title II, Oct. 6, 1992, 106 Stat. 1852.
    Pub. L. 102-140, title II, Oct. 28, 1991, 105 Stat. 802.
    Pub. L. 101-515, title I, Nov. 5, 1990, 104 Stat. 2103.
    Pub. L. 101-162, title I, Nov. 21, 1989, 103 Stat. 991.
    Pub. L. 100-459, title I, Oct. 1, 1988, 102 Stat. 2189.
    Pub. L. 100-202, Sec. 101(a) [title I], Dec. 22, 1987, 101 Stat. 
1329, 1329-3.


           Plan Amendments Not Required Until January 1, 1989

    For provisions directing that if any amendments made by subtitle A 
or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] or title XVIII 
[Secs. 1801-1899A] of Pub. L. 99-514 require an amendment to any plan, 
such plan amendment shall not be required to be made before the first 
plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. 
L. 99-514, as amended, set out as a note under section 401 of Title 26, 
Internal Revenue Code.

                REORGANIZATION PLAN NO. 3 OF 1979

    44 F.R. 69273, 93 Stat. 1381, as amended Pub. L. 97-195, 
Sec. 1(c)(6), June 16, 1982, 96 Stat. 115; Pub. L. 97-377, title 
            I, Sec. 122, Dec. 21, 1982, 96 Stat. 1913

Prepared by the President and transmitted to the Senate and the House of 
    Representatives in Congress assembled, September 25, 1979, pursuant 
    to the provisions of chapter 9 of title 5 of the United States Code.

   REORGANIZATION OF FUNCTIONS RELATING TO INTERNATIONAL TRADE


       Section 1. Office of the United States Trade Representative

    (a) The Office of the Special Representative for Trade Negotiations 
is redesignated the Office of the United States Trade Representative.
    (b)(1) The Special Representative for Trade Negotiations is 
redesignated the United States Trade Representative (hereinafter 
referred to as the ``Trade Representative''). The Trade Representative 
shall have 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) (hereinafter referred to as the ``Committee''), 
for developing, and for coordinating the implementation of, United 
States international trade policy, including commodity matters and, to 
the extent they are related to international trade policy, direct 
investment matters. The Trade Representative shall serve as the 
principal advisor to the President on international trade policy and 
shall advise the President on the impact of other policies of the United 
States Government on international trade.
    (2) The Trade Representative shall have lead responsibility for the 
conduct of international trade negotiations, including commodity and 
direct investment negotiations in which the United States participates.
    (3) To the extent necessary to assure the coordination of 
international trade policy, and consistent with any other law, the Trade 
Representative, with the advice of the Committee, shall issue policy 
guidance to departments and agencies on basic issues of policy and 
interpretation arising in the exercise of the following international 
trade functions. Such guidance shall determine the policy of the United 
States with respect to international trade issues arising in the 
exercise of such functions:
        (A) matters concerning the General Agreement on Tariffs and 
    Trade, including implementation of the trade agreements set forth in 
    section 2(c) of the Trade Agreements Act of 1979 [19 U.S.C. 
    2503(c)]; United States Government positions on trade and commodity 
    matters dealt with by the Organization for Economic Cooperation and 
    Development, the United Nations Conference on Trade and Development, 
    and other multilateral organizations; and the assertion and 
    protection of the rights of the United States under bilateral and 
    multilateral international trade and commodity agreements;
        (B) expansion of exports from the United States;
        (C) policy research on international trade, commodity, and 
    direct investment matters;
        (D) to the extent permitted by law, overall United States policy 
    with regard to unfair trade practices, including enforcement of 
    countervailing duties and antidumping functions under section 303 
    and title VII of the Tariff Act of 1930 [19 U.S.C. 1303, 1671 et 
    seq.];
        (E) bilateral trade and commodity issues, including East-West 
    trade matters; and
        (F) international trade issues involving energy.
    (4) All functions of the Trade Representative shall be conducted 
under the direction of the President.
    (c) The Deputy Special Representatives for Trade Negotiations are 
redesignated Deputy United States Trade Representatives.


                     Sec. 2. Department of Commerce

    (a) The Secretary of Commerce (hereinafter referred to as the 
``Secretary'') shall have, in addition to any other functions assigned 
by law, general operational responsibility for major nonagricultural 
international trade functions of the United States Government, including 
export development, commercial representation abroad, the administration 
of the antidumping and countervailing duty laws, export controls, trade 
adjustment assistance to firms and communities, research and analysis, 
and monitoring compliance with international trade agreements to which 
the United States is a party.
    (b)(1) There shall be in the Department of Commerce (hereinafter 
referred to as the ``Department'') a Deputy Secretary appointed by the 
President, by and with the advice and consent of the Senate. The Deputy 
Secretary shall receive compensation at the rate payable for Level II of 
the Executive Schedule [5 U.S.C. 5315], and shall perform such duties 
and exercise such powers as the Secretary may from time to time 
prescribe.
    (2) The position of Under Secretary of Commerce established under 
section 1 of the Act of June 5, 1939 (ch. 180, 53 Stat. 808; 15 U.S.C. 
1502) is abolished.
    (c) There shall be in the Department an Under Secretary for 
International Trade appointed by the President, by and with the advice 
and consent of the Senate. The Under Secretary for International Trade 
shall receive compensation at the rate payable for Level III of the 
Executive Schedule [5 U.S.C. 5314], and shall perform such duties and 
exercise such powers as the Secretary may from time to time prescribe.
    (d) There shall be in the Department two additional Assistant 
Secretaries appointed by the President, by and with the advice and 
consent of the Senate. Each such Assistant Secretary shall perform such 
duties and exercise such powers as the Secretary may from time to time 
prescribe.
    (e) There shall be in the Department of Commerce a Director General 
of the United States and Foreign Commercial Services who shall be 
appointed by the President, by and with the advice and consent of the 
Senate, and shall receive compensation at the rate prescribed by law for 
level IV of the Executive Schedule [5 U.S.C. 5315]. [As amended Pub. L. 
97-195, Sec. 1(c)(6), June 16, 1982, 96 Stat. 115; Pub. L. 97-377, title 
I, Sec. 122, Dec. 21, 1982, 96 Stat. 1913.]


             Sec. 3. Export-Import Bank of the United States

    The Trade Representative and the Secretary shall serve, ex officio 
and without vote, as additional members of the Board of Directors of the 
Export-Import Bank of the United States.


             Sec. 4. Overseas Private Investment Corporation

    (a) The Trade Representative shall serve, ex officio, as an 
additional voting member of the Board of Directors of the Overseas 
Private Investment Corporation. The Trade Representative shall be the 
Vice Chair of such Board.
    (b) There shall be an additional member of the Board of Directors of 
the Overseas Private Investment Corporation who shall be appointed by 
the President of the United States, by and with the advice and consent 
of the Senate, and who shall not be an official or employee of the 
Government of the United States. Such Director shall be appointed for a 
term of no more than three years.


                      Sec. 5. Transfer of Functions

    (a)(1) There are transferred to the Secretary all functions of the 
Secretary of the Treasury, the General Counsel of the Department of the 
Treasury, or the Department of the Treasury pursuant to the following:
        (A) section 305(b) of the Trade Agreements Act of 1979 (19 
    U.S.C. 2515(b)), to be exercised in consultation with the Secretary 
    of the Treasury;
        (B) section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 
    1862);
        (C) section 303 and title VII (including section 771(1) [19 
    U.S.C. 1677(1)] of the Tariff Act of 1930 (19 U.S.C. 1303, 1671 et 
    seq.), except that the Customs Service of the Department of the 
    Treasury shall accept such deposits, bonds, or other security as 
    deemed appropriate by the Secretary, shall assess and collect such 
    duties as may be directed by the Secretary, and shall furnish such 
    of its important records or copies thereof as may be requested by 
    the Secretary incident to the functions transferred by this 
    subparagraph;
        (D) sections 514, 515, and 516 of the Tariff Act of 1930 (19 
    U.S.C. 1514, 1515, and 1516) insofar as they relate to any protest, 
    petition, or notice of desire to contest described in section 
    1002(b)(1) of the Trade Agreements Act of 1979 [19 U.S.C. 1516a 
    note];
        (E) with respect to the functions transferred by subparagraph 
    (C) of this paragraph, section 318 of the Tariff Act of 1930 (19 
    U.S.C. 1318), to be exercised in consultation with the Secretary of 
    the Treasury;
        (F) with respect to the functions transferred by subparagraph 
    (C) of this paragraph, section 502(b) of the Tariff Act of 1930 (19 
    U.S.C. 1502(b)), and, insofar as it provides authority to issue 
    regulations and disseminate information, to be exercised in 
    consultation with the Secretary of the Treasury to the extent that 
    the Secretary of the Treasury has responsibility under subparagraph 
    (C), section 502(a) of such Act (19 U.S.C. 1502(a));
        (G) with respect to the functions transferred by subparagraph 
    (C) of this paragraph, section 617 of the Tariff Act of 1930 (19 
    U.S.C. 1617); and
        (H) section 2632(e) of title 28 of the United States Code, 
    insofar as it relates to actions taken by the Secretary reviewable 
    under section 516A of the Tariff Act of 1930 (19 U.S.C. 1516(a)) [19 
    U.S.C. 1516a].
    (2) The Secretary shall consult with the Trade Representative 
regularly in exercising the functions transferred by subparagraph (C) of 
paragraph (1) of this subsection, and shall consult with the Trade 
Representative regarding any substantive regulation proposed to be 
issued to enforce such functions.
    (b)(1) There are transferred to the Secretary all trade promotion 
and commercial functions of the Secretary of State or the Department of 
State that are--
        (A) performed in full-time overseas trade promotion and 
    commercial positions; or
        (B) performed in such countries as the President may from time 
    to time prescribe.
    (2) To carry out the functions transferred by paragraph (1) of this 
subsection, the President, to the extent he deems it necessary, may 
authorize the Secretary to utilize Foreign Service personnel authorities 
and to exercise the functions vested in the Secretary of State by the 
Foreign Service Act of 1946 (22 U.S.C. 801 et seq.) [see 22 U.S.C. 3901 
et seq.] and by any other laws with respect to personnel performing such 
functions.
    (c) There are transferred to the President all functions of the 
East-West Foreign Trade Board under section 411(c) of the Trade Act of 
1974 (19 U.S.C. 2441(c)).
    (d) Appropriations available to the Department of State for Fiscal 
Year 1980 for representation of the United States concerning matters 
arising under the General Agreement on Tariffs and Trade and trade and 
commodity matters dealt with under the auspices of the United Nations 
Conference on Trade and Development are transferred to the Trade 
Representative.
    (e) There are transferred to the interagency organization 
established under section 242 of the Trade Expansion Act of 1962 (19 
U.S.C. 1872) all functions of the East-West Foreign Trade Board under 
section 411(a) and (b) of the Trade Act of 1974 (19 U.S.C. 2441(a) and 
(b)).


                            Sec. 6. Abolition

    The East-West Foreign Trade Board established under section 411 of 
the Trade Act of 1974 (19 U.S.C. 2441) is abolished.


            Sec. 7. Responsibility of the Secretary of State

    Nothing in this reorganization plan is intended to derogate from the 
responsibility of the Secretary of State for advising the President on 
foreign policy matters, including the foreign policy aspects of 
international trade and trade-related matters:


             Sec. 8. Incidental Transfers; Interim Officers

    (a) 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 the 
functions transferred under this reorganization plan as the Director of 
the Office of Management and Budget shall determine shall be transferred 
to the appropriate agency, organization, or component at such time or 
times as such Director shall provide, except that no such unexpended 
balances transferred shall be used for purposes other than those for 
which the appropriation originally was made. The Director of the Office 
of Management and Budget shall provide for terminating the affairs of 
any agency abolished herein and for such further measures and 
dispositions as such Director deems necessary to effectuate the purposes 
of the reorganization plan.
    (b) Pending the assumption of office by the initial officers 
provided for in section 2 of this reorganization plan, the functions of 
each such office may be performed, for up to a total of 60 days, by such 
individuals as the President may designate. Any individual so designated 
shall be compensated at the rate provided herein for such position.


                         Sec. 9. Effective Date

    The provisions of this reorganization plan shall take effect October 
1, 1980, or at such earlier time or times as the President shall 
specify, but not sooner than the earliest time allowable under section 
906 of title 5 of the United States Code.
    [Pursuant to Ex. Ord. 12175, Dec. 7, 1979, 44 F.R. 70705, section 
2(b)(1) of this Reorg. Plan is effective Dec. 7, 1979].
    [Pursuant to Ex. Ord. 12188, Jan. 2, 1980, 45 F.R. 989, sections 1, 
2(a), (b)(2), (c), (d), 3, 4, 5(a), (b)(2), (c)-(e), 6-8 of this Reorg. 
Plan are effective Jan. 2, 1980, and section 5(b)(1) of this Reorg. Plan 
is effective Apr. 1, 1980].


                        Message of the President

To the Congress of the United States:
    I transmit herewith Reorganization Plan No. 3 of 1979, to 
consolidate trade functions of the United States Government. I am acting 
under the authority vested in me by the Reorganization Act of 1977, 
chapter 9 of title 5 of the United States Code, and pursuant to section 
1109 of the Trade Agreements Act of 1979 [19 U.S.C. 2111 note] which 
directs that I transmit to the Congress a proposal to restructure the 
international trade functions of the Executive branch.
    The goal of this reorganization is to improve the capacity of the 
Government to strengthen the export performance of United States 
industry and to assure fair international trade practices, taking into 
account the interests of all elements of our economy.
    Recent developments, which have raised concern about the vitality of 
our international trade performance, have focused much attention on the 
way our trade machinery is organized. These developments include our 
negative trade balance, increasing dependence upon foreign oil, and 
international pressures on the dollar. New challenges, such as 
implementation of the Multilateral Trade Negotiation (MTN) agreements 
and trade with non-market economies, will further test our Government 
trade organization.
    We must be prepared to apply domestically the MTN codes on 
procurement, subsidies, standards, and customs valuation. We also must 
monitor major implementation measures abroad, reporting back to American 
business on important developments and, where necessary, raising 
questions internationally about foreign implementation. MTN will work--
will open new markets for U.S. labor, farmers, and business--only if we 
have adequate procedures for aggressively monitoring and enforcing it. 
We intend to meet our obligations, and we expect others to do the same.
    The trade machinery we now have cannot do this job effectively. 
Although the Special Trade Representative (STR) takes the lead role in 
administering the trade agreements program, many issues are handled 
elsewhere and no agency has across-the-board leadership in trade. Aside 
from the Trade Representative and the Export-Import Bank, trade is not 
the primary concern of any Executive branch agency where trade functions 
are located. The current arrangements lack a central authority capable 
of planning a coherent trade strategy and assuring its vigorous 
implementation.
    This reorganization is designed to correct such deficiencies and to 
prepare us for strong enforcement of the MTN codes. It aims to improve 
our export promotion activities so that United States exporters can take 
full advantage of trade opportunities in foreign markets. It provides 
for the timely and efficient administration of our unfair trade laws. It 
also establishes an efficient mechanism for shaping an effective, 
comprehensive United States trade policy.
    To achieve these objectives, I propose to place policy coordination 
and negotiation--those international trade functions that most require 
comprehensiveness, influence, and Government-wide perspective--in the 
Executive Office of the President. I propose to place operational and 
implementation responsibilities, which are staff-intensive, in line 
departments that have the requisite resources and knowledge of the major 
sectors of our economy to handle them. I have concluded that building 
our trade structure on STR and Commerce, respectively, best satisfies 
these considerations.
    I propose to enhance STR, to be renamed the Office of the United 
States Trade Representative, by centralizing in it international trade 
policy development, coordination and negotiation functions. The Commerce 
Department will become the focus of non-agricultural operational trade 
responsibilities by adding to its existing duties those for commercial 
representation abroad, antidumping and countervailing duty cases, the 
non-agricultural aspects of MTN implementation, national security 
investigations, and embargoes.


                 the united states trade representative

    The Trade Representative, with the advice of the Trade Policy 
Committee, will be responsible for developing and coordinating our 
international trade and direct investment policy, including the 
following areas:
    Import remedies.--The Trade Representative will exercise policy 
oversight of the application of import remedies, analyze long-term 
trends in import remedy cases and recommend any necessary legislative 
changes. For antidumping and countervailing duty matters, such 
coordination, to the extent legally permissible, will be directed toward 
the establishment of new precedents, negotiation of assurances, and 
coordination with other trade matters, rather than case-by-case fact 
finding and determinations.
    East-West trade policy.--The Trade Representative will have lead 
responsibility for East-West trade negotiations and will coordinate 
East-West trade policy. The Trade Policy Committee will assume the 
responsibilities of the East-West Foreign Trade Board.
    International investment policy.--The Trade Representative will have 
the policy lead regarding issues of direct foreign investment in the 
United States, direct investment by Americans abroad, operations of 
multinational enterprises, and multilateral agreements on international 
investment, insofar as such issues relate to international trade.
    International commodity policy.--The Trade Representative will 
assume responsibility for commodity negotiations and also will 
coordinate commodity policy.
    Energy trade.--While the Departments of Energy and State will 
continue to share responsibility for international energy issues, the 
Trade Representative will coordinate energy trade matters. The 
Department of Energy will become a member of the TPC.
    Export-expansion policy.--To ensure a vigorous and coordinated 
Government-wide export expansion effort, policy oversight of our export 
expansion activities will be the responsibility of the Trade 
Representative.
    The Trade Representative will have the lead role in bilateral and 
multilateral trade, commodity, and direct investment negotiations. The 
Trade Representative will represent the United States in General 
Agreement on Tariffs and Trade (GATT) matters. Since the GATT will be 
the principal international forum for implementing and interpreting the 
MTN agreements and since GATT meetings, including committee and working 
group meetings, occur almost continuously, the Trade Representative will 
have a limited number of permanent staff in Geneva. In some cases, it 
may be necessary to assign a small number of USTR staff abroad to assist 
in oversight of MTN enforcement. In this event, appropriate positions 
will be authorized. In recognition of the responsibility of the 
Secretary of State regarding our foreign policy, the activities of 
overseas personnel of the Trade Representative and the Commerce 
Department will be fully coordinated with other elements of our 
diplomatic missions.
    In addition to his role with regard to GATT matters, the Trade 
Representative will have the lead responsibility for trade and commodity 
matters considered in the Organization for Economic Cooperation and 
Development (OECD) and the United Nations Conference on Trade and 
Development (UNCTAD) when such matters are the primary issues under 
negotiation. Because of the Secretary of State's foreign policy 
responsibilities, and the responsibilities of the Director of the 
International Development Cooperation Agency as the President's 
principal advisor on development, the Trade Representative will exercise 
his OECD and UNCTAD responsibilities in close cooperation with these 
officials.
    To ensure that all trade negotiations are handled consistently and 
that our negotiating leverage is employed to the maximum, the Trade 
Representative will manage the negotiation of particular issues. Where 
appropriate, the Trade Representative may delegate responsibility for 
negotiations to other agencies with expertise on the issues under 
consideration. He will coordinate the operational aspects of 
negotiations through a Trade Negotiating Committee, chaired by the Trade 
Representative and including the Departments of Commerce, State, 
Treasury, Agriculture and Labor.
    The Trade Representative will be concerned not only with ongoing 
negotiations and coordination of specific, immediate issues, but also--
very importantly--with the development of long-term United States trade 
strategies and policies. He will oversee implementation of the MTN 
agreements, and will advise the President on the effects of other 
Government policies (e.g., antitrust, taxation) on U.S. trade. In order 
to participate more fully in oversight of international investment and 
export financing activities, the Trade Representative will become a 
member of the National Advisory Council on International Monetary and 
Financial Policies and the Boards of the Export-Import Bank and the 
Overseas Private Investment Corporation.
    In performing these functions, the Trade Representative will act as 
the principal trade spokesman of the President. To assure that our trade 
policies take into account the broadest range of perspectives, the Trade 
Representative will consult with the Trade Policy Committee, whose 
mandate and membership will be expanded. The Trade Representative will, 
as appropriate, invite agencies such as the Export-Import Bank and the 
Overseas Private Investment Corporation to participate in TPC meetings 
in addition to the permanent TPC members. When different departmental 
views on trade matters exist within the TPC as will be the case from 
time to time in this complex policy area, I will expect the Trade 
Representative to resolve policy disagreements in his best judgment, 
subject to appeal to the President.


                       the department of commerce

    The Department of Commerce, under this proposal, will become the 
focal point of operational responsibilities in the non-agricultural 
trade area. My reorganization plan will transfer to the Commerce 
Department important responsibilities for administration of 
countervailing and antidumping matters, foreign commercial 
representation, and MTN implementation support. Consolidating these 
trade functions in the Department of Commerce builds upon an agency with 
extensive trade experience. The Department will retain its operational 
responsibilities in such areas as export controls, East-West trade, 
trade adjustment assistance to firms and communities, trade policy 
analysis, and monitoring foreign compliance with trade agreements. The 
Department will be substantially reorganized to consolidate and reshape 
its trade functions under an Under Secretary for International Trade.
    With this reorganization, trade functions will be strengthened 
within the Department of Commerce, and such related efforts in the 
Department as improvement of industrial innovation and the productivity, 
encouraging local and regional economic development, and sectoral 
analysis, will be closely linked to an aggressive trade program. 
Fostering the international competitiveness of American industry will 
become the principal mission of the Department of Commerce.
Import remedies
    I propose to transfer to the Department of Commerce responsibility 
for administration of the countervailing duty and antidumping statutes. 
This function will be performed efficiently and effectively in an 
organizational setting where trade is the primary mission. This activity 
will be directed by a new Assistant Secretary for Trade Administration, 
subject to Senate confirmation. Although the plan permits its provisions 
to take effect as late as October 1, 1980, I intend to make this 
transfer effective by January 1, 1980, so that it will occur as the new 
MTN codes take effect. Commerce will continue its supportive role in the 
staffing of other unfair trade practice issues, such as cases arising 
under section 301 of the Trade Act of 1974 [19 U.S.C. 2411].
Commercial representation
    This reorganization plan will transfer to the Department of Commerce 
responsibility for commercial representation abroad. This transfer would 
place both domestic and overseas export promotion activities under a 
single organization, directed by an Assistant Secretary for Export 
Development, charged with aggressively expanding U.S. export 
opportunities. Placing this Foreign Commercial Service in the Commerce 
Department will allow commercial officers to concentrate on the 
promotion of U.S. exports as their principal activity.
    Initially, the transfer of commercial representation from State to 
Commerce will involve all full-time overseas trade promotion and 
commercial positions (approximately 162), responsibility for this 
function in the countries (approximately 60) to which these individuals 
are assigned, and the associated foreign national employees in those 
countries. Over time, the Department of Commerce undoubtedly will review 
the deployment of commercial officers in light of changing trade 
circumstances and propose extensions or alterations of coverage of the 
Foreign Commercial Service.
MTN implementation
    I am dedicated to the aggressive implementation of the Multilateral 
Trade Agreements. The United States must seize the opportunities and 
enforce the obligations created by these agreements. Under this 
proposal, the Department of Commerce will assign high priority to this 
task. The Department of Commerce will be responsible for the day-to-day 
implementation of non-agricultural aspects of the MTN agreements. 
Management of this function will be a principal assignment of an 
Assistant Secretary for Trade Policy and Programs. Implementation 
activities will include:
            monitoring agreements and targeting problems for 
        consultation and negotiation;
            operating a Trade Complaint Center where the private sector 
        can receive advice as to the recourse and remedies available;
            aiding in the settlement of disputes, including staffing of 
        formal complaint cases;
            identifying problem areas for consideration by the Trade 
        Representative and the Trade Policy Committee;
            educational and promotion programs regarding the provisions 
        of the agreements and the processes for dealing with problems 
        that arise;
            providing American business with basic information on 
        foreign laws, regulations and procedures;
            consultations with private sector advisory committees; and
            general analytical support.
    These responsibilities will be handled by a unit built around the 
staff from Commerce that provided essential analytical support to STR 
throughout the MTN negotiation process. Building implementation of MTN 
around this core group will assure that the government's institutional 
memory and expertise on MTN is most effectively devoted to the challenge 
ahead. When American business needs information or encounters problems 
in the MTN area, it can turn to the Department of Commerce for 
knowledgeable assistance.
    Matching the increased importance of trade in the Department's 
mission will be a much strengthened trade organization within the 
Department. By creating a number of new senior level positions in the 
Department, we will ensure that trade policy implementation receives the 
kind of day-to-day top management attention that it both demands and 
requires.
    With its new responsibilities and resources, the Department of 
Commerce will become a key participant in the formulation of our trade 
policies. Much of the analysis in support of trade policy formulation 
will be conducted by the Department of Commerce, which will be close to 
the operational aspects of the problems that raise policy issues.
    To succeed in global competition, we must have a better 
understanding of the problems and prospects of U.S. industry, 
particularly in relation to the growing strength of industries abroad. 
This is the key reason why we will upgrade sectoral analysis 
capabilities throughout the Department of Commerce, including the 
creation of a new Bureau of Industrial Analysis. Commerce, with its 
ability to link trade to policies affecting industry, is uniquely suited 
to serve as the principal technical expert within the Government on 
special industry sector problems requiring international consultation, 
as well as to provide industry-specific information on how tax, 
regulatory and other Government policies affect the international 
competitiveness of the U.S. industries.
    Commerce will also expand its traditional trade policy focus on 
industrial issues to deal with the international trade and investment 
problems of our growing services sector. Under the proposal, there will 
be comprehensive service industry representation in our industry 
advisory process, as well as a continuing effort to bring services under 
international discipline. I expect the Commerce Department to play a 
major role in developing new service sector initiatives for 
consideration within the Government.
    After an investigation lasting over a year, I have found that this 
reorganization is necessary to carry out the policy set forth in section 
901(a) of title 5 of the United States Code. As described above, this 
reorganization will increase significantly our ability to implement the 
MTN agreements efficiently and effectively and will improve greatly the 
services of the government with regard to export development. These 
improvements will be achieved with no increase in personnel or 
expenditures, except for an annual expense of about $300,000 for the 
salaries and clerical support of the three additional senior Commerce 
Department officials and a non-recurring expense of approximately 
$600,000 in connection with the transfers of functions provided in the 
plan. I find that the reorganization made by this plan makes necessary 
the provisions for the appointment and pay of a Deputy Secretary, an 
Under Secretary for International Trade, and two additional Assistant 
Secretaries of the Department of Commerce, and additional members of the 
Boards of Directors of the Export-Import Bank and the Overseas Private 
Investment Corporation.
    It is indeed appropriate that this proposal follows so soon after 
the overwhelming approval by the Congress of the Trade Agreements Act of 
1979 [19 U.S.C. 2501 et seq.], for it will sharpen and unify trade 
policy direction, improve the efficiency of trade law enforcement, and 
enable us to negotiate abroad from a position of strength. The extensive 
discussions between Administration officials and the Congress on this 
plan have been a model of the kind of cooperation that can exist between 
the two branches. I look forward to our further cooperation in 
successfully implementing both this reorganization proposal and the MTN 
agreements.
                                                           Jimmy Carter.

    The White House, September 25, 1979.

                        Executive Order No. 11143

    Ex. Ord. No. 11143, Mar. 2, 1963, 29 F.R. 3127, as amended by Ex. 
Ord. No. 11159, June 23, 1964, 29 F.R. 8137, formerly set out under 
section 1871 of this title, which established the Public Advisory 
Committee for Trade Expansion, was revoked by Ex. Ord. No. 11425, Aug. 
30, 1968, 33 F.R. 12363, set out below.

                        Executive Order No. 11425

    Ex. Ord. No. 11425, Aug. 30, 1968, 33 F.R. 12363, formerly set out 
under section 1871 of this title, which directed the Special 
Representative for Trade Negotiations (established by Ex. Ord. No. 
11075, Jan. 15, 1963, 28 F.R. 473) to conduct a long range study of 
United States foreign trade policy and to consider the views of 
Congress, the Public Advisory Committee on Trade Policy, and other 
federal agencies; established the Public Advisory Committee on Trade 
Policy for purposes of this study; and abolished the Public Advisory 
Committee for Trade Negotiations; was omitted in view of the revocation 
of Ex. Ord. No. 11075 by Ex. Ord. No. 11846, Mar. 27, 1975, 40 F.R. 
14291, set out under section 2111 of this title, and in view of the 
abolition of the Office of Special Representative for Trade Negotiations 
(as established under Ex. Ord. No. 11075) by section 2171(g) of this 
title.

Ex. Ord. No. 12175. Effective Date of Section 2(b)(1) of Reorganization 
 Plan No. 3 of 1979 Respecting Reorganization of Functions Relating to 
                           International Trade

    Ex. Ord. No. 12175, Dec. 7, 1979, 44 F.R. 70703, provided:
    By the authority vested in me as President of the United States of 
America by Section 9 of Reorganization Plan No. 3 of 1979 (transmitted 
to the Congress on September 25, 1979) [set out as a note above], the 
time period prescribed by Section 906 of Title 5 of the United States 
Code having elapsed without the adoption of a resolution of disapproval 
by either House of Congress, it is hereby ordered that Section 2(b)(1) 
of that Plan, establishing the Office of Deputy Secretary of Commerce, 
is effective immediately.
                                                           Jimmy Carter.

      Ex. Ord. No. 12188. Functions Relating to International Trade

    Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989, as amended by Ex. 
Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13968; Ex. Ord. No. 13118, 
Sec. 10(6), Mar. 31, 1999, 64 F.R. 16598, provided:
    By the authority vested in me by the Trade Agreements Act of 1979 
[see 19 U.S.C. 2501], the Trade Act of 1974 [this chapter], the Trade 
Expansion Act of 1962 [see Short Title note set out under section 1801 
of this title], section 350 of the Tariff Act of 1930 [19 U.S.C. 1351], 
Reorganization Plan No. 3 of 1979 [set out as a note above], and section 
301 of title 3 of the United States Code, and as President of the United 
States, it is hereby ordered as follows:
    Section 1-101. The United States Trade Representative.
    (a) Except as may be otherwise expressly provided by law, the United 
States Trade Representative (hereinafter referred to as the ``Trade 
Representative'') shall be chief representative of the United States 
for:
        (1) all activities of, or under the auspices of, the General 
    Agreement on Tariffs and Trade;
        (2) discussions, meetings, and negotiations in the Organization 
    for Economic Cooperation and Development when trade or commodity 
    issues are the primary issues under consideration;
        (3) negotiations in the United Nations Conference on Trade and 
    Development and other multilateral institutions when trade or 
    commodity issues are the primary issues under consideration;
        (4) other bilateral or multilateral negotiations when trade, 
    including East-West trade, or commodities is the primary issue under 
    consideration;
        (5) negotiations under sections 704 and 734 of the Tariff Act of 
    1930 (19 U.S.C. 1671c and 1673c); and
        (6) negotiations concerning direct investment incentives and 
    disincentives and bilateral investment issues concerning barriers to 
    investment.
    For purposes of this subsection, the term ``negotiations'' includes 
discussions and meetings with foreign governments and instrumentalities 
primarily concerning preparations for formal negotiations and policies 
regarding implementation of agreements resulting from such negotiations.
    (b) The Trade Representative, in consultation with the Trade 
Negotiating Committee, shall invite such members of the Trade 
Negotiating Committee and representatives of other departments or 
agencies as may be appropriate to participate in the negotiations and 
other activities listed in subsection (a).
    (c) The Trade Representative, in consultation with the Trade 
Negotiating Committee, may delegate to any member of the Trade 
Negotiating Committee, or to any other appropriate department or agency, 
primary responsibility for representing the United States in any of the 
negotiations and other activities set forth in subsection (a).
    (d) The Trade Representative, or any department or agency to which 
responsibility for representing the United States in a negotiation or 
other activity has been delegated pursuant to subsection (c), shall 
consult with the Trade Policy Committee and with any affected regulatory 
agencies on the policy issues arising in connection with the 
negotiations and other activities listed in subsection (a).
    Sec. 1-102. The Trade Policy Committee.
    (a) As provided by section 242 of the Trade Expansion Act of 1962 
(19 U.S.C. 1872), the Trade Policy Committee (hereinafter referred to as 
the ``Committee'') is continued. The Committee shall have the functions 
specified by law or by the President, including those specified in 
section 1(b)(3) of Reorganization Plan No. 3 of 1979 [set out as a note 
above].
    (b) The Committee shall be composed of the following:
        (1) The Trade Representative, who shall be Chair
        (2) The Secretary of Commerce, who shall be Vice Chair
        (3) The Secretary of State
        (4) The Secretary of the Treasury
        (5) The Secretary of Defense
        (6) The Attorney General
        (7) The Secretary of the Interior
        (8) The Secretary of Agriculture
        (9) The Secretary of Labor
        (10) The Secretary of Transportation
        (11) The Secretary of Energy
        (12) The Director of the Office of Management and Budget
        (13) The Chairman of the Council of Economic Advisers
        (14) The Assistant to the President for National Security 
    Affairs
        (15) The Administrator of the United States Agency for 
    International Development.
    The Chair and any member of the Committee may designate a 
subordinate officer whose status is not below that of an Assistant 
Secretary to serve in his stead when he is unable to attend any meetings 
of the Committee. The Chair may invite representatives from other 
agencies to attend the meetings of the Committee.
    (c)(1) There is established, as a subcommittee of the Committee, a 
Trade Negotiating Committee which shall advise the Trade Representative 
on the management of negotiations referred to in section 1-101(a) of 
this order. The members of such subcommittee shall be the Trade 
Representative (Chair), the Secretary of State, the Secretary of the 
Treasury, the Secretary of Agriculture, the Secretary of Commerce, and 
the Secretary of Labor.
    (2) The Trade Representative, with the advice of the Committee, may 
create additional subcommittees thereof.
    (d) In advising the President on international trade and related 
matters, the Trade Representative shall take into account and reflect 
the views of the members of the Committee and of other interested 
agencies.
    Sec. 1-103. Delegation of Functions.
    (a) The function vested in the President by section 412(b) of the 
Trade Agreements Act of 1979 (19 U.S.C. 2542(b)) is delegated to the 
Secretary of Commerce with regard to the technical office established 
under section 412(a)(1) of such Act [19 U.S.C. 2542(a)(1)] and to the 
Secretary of Agriculture with regard to the technical office established 
under section 412(a)(2) of such Act [19 U.S.C. 2542(a)(2)]. In 
prescribing the functions of each technical office, the Secretary 
concerned shall consult with the Trade Representative and with all 
affected regulatory agencies. The functions delegated by this section 
shall be exercised in coordination with the Trade Representative.
    (b) The functions of the President under sections 2(b) and 303 of 
the Trade Agreements Act of 1979 (19 U.S.C. 2503(b) and 2513) and 
section 701(b) of the Tariff Act of 1930 (19 U.S.C. 1671(b)) are 
delegated to the Trade Representative, who shall exercise such authority 
with the advice of the Trade Policy Committee.
    Sec. 1-104. Authority Under the Foreign Service Act and Related 
Laws.
    (a) The Secretary of Commerce (hereinafter referred to as the 
``Secretary'') is authorized to establish a Foreign Commercial Service 
in the Department of Commerce, and a category of career officers of the 
Foreign Commercial Service to be known as Foreign Commercial Officers. 
For purposes of the utilization by the Secretary of the authorities 
granted to the Secretary under this section, the terms ``Foreign 
Service'' and ``Foreign Service Officer'' shall be construed to mean 
``Foreign Commercial Service'' and ``Foreign Commercial Officer,'' 
respectively.
    (b) [Revoked by Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13968.]
    (c) The Board of the Foreign Service and the Board of Examiners for 
the Foreign Service established by Executive Order 11264 of December 31, 
1965, as amended [22 U.S.C. 826 note], shall exercise with respect to 
Foreign Service personnel of the Department of Commerce the functions 
delegated to them by that order with respect to Foreign Service 
personnel of the Department of State. The Boards shall perform such 
additional functions with respect to Foreign Service personnel of the 
Department of Commerce as the Secretary may from time to time delegate 
or otherwise assign, consistent with the functions of such boards.
    Sec. 1-105. Prior Executive Orders and Determination.
    (a) Section 1(b) of Executive Order 11269 of February 14, 1966, as 
amended [22 U.S.C. 286b note], is amended by adding ``the United States 
Trade Representative,'' after ``the Secretary of State,''.
    (b)(1) Section 1 of Executive Order 11539 of June 30, 1970 [7 U.S.C. 
1854 note], is amended to read as follows:
    ``Section 1. The United States Trade Representative, with the 
concurrence of the Secretary of Agriculture and the Secretary of State, 
is authorized to negotiate bilateral agreements with representatives of 
governments of foreign countries limiting the export from the respective 
countries and the importation into the United States of--
    ``(1) fresh, chilled, or frozen cattle meat,
    ``(2) fresh, chilled, or frozen meat of goats and sheep (except 
lambs), and
    ``(3) prepared and preserved beef and veal (except sausage) if 
articles are prepared, whether fresh, chilled, or frozen, but not 
otherwise preserved, that are the products of such countries.''.
    (2) Section 4 of such order is amended by striking out ``the 
Secretary of State'' and inserting in lieu thereof ``the United States 
Trade Representative''.
    (c) The last sentence of section 1(a) of Executive Order 11651 of 
March 3, 1972, as amended [7 U.S.C. 1854 note] is amended to read as 
follows: ``The United States Trade Representative, or his designee, also 
shall be a member of the Committee.''.
    (d) The first sentence of section 3 of Executive Order 11703 of 
February 7, 1973 [19 U.S.C. 1862 note], is amended to read as follows: 
``The Oil Policy Committee shall henceforth consist of the United States 
Trade Representative, chair, and the Secretaries of State, Treasury, 
Defense, the Interior, Commerce and Energy, the Attorney General, and 
the Chairman of the Council of Economic Advisers, as members.''.
    (e) Sections 2(b) and 3(a), the first sentence of section 3(c), and 
sections 3(e), 3(f), and 6 of Executive Order 11846 of March 27, 1975, 
as amended [19 U.S.C. 2111 note], are revoked.
    (f)(1) Section 1(a)(5) of Executive Order 11858 of May 7, 1975 [22 
U.S.C. 2841 note], is amended to read: ``(5) The United States Trade 
Representative''.
    (2) Section 1(a)(6) of such order is amended to read: ``(6) The 
Chairman of the Council of Economic Advisers''.
    (g) Executive Order 12096 of November 2, 1978, is revoked.
    (h) The last paragraph of the Presidential Determination Regarding 
the Acceptance and Application of Certain International Trade Agreements 
(dated December 14, 1979) (44 FR 74781, at 74784; December 18, 1979) [19 
U.S.C. 2503 note], delegating functions under section 2(b) of the Trade 
Agreements Act of 1979 [19 U.S.C. 2503(b)] and section 701(b) of the 
Tariff Act of 1930 [19 U.S.C. 1671b], is revoked.
    (i) Any reference to the Office of the Special Representative for 
Trade Negotiations or to the Special Representative for Trade 
Negotiations in any Executive order, Proclamation, or other document 
shall be deemed to refer to the Office of the United States Trade 
Representative or to the United States Trade Representative, 
respectively.
    Sec. 1-106. Incidental Transfers and Reassignments.
    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 functions 
transferred or reassigned by the provisions of this order as the 
Director of the Office of Management and Budget shall determine shall be 
transferred or reassigned for use in connection with such functions.
    Sec. 1-107. Effective Dates.
    (a) Sections 1, 2(a), 2(b)(2), 2(c), 2(d), 3, 4, 5(a), 5(b)(2), 5(c) 
through (e), and 6 through 8 of Reorganization Plan No. 3 of 1979 [set 
out as a note above] and the provisions of this order, shall take effect 
as of January 2, 1980.
    (b) Section 5(b)(1) of such plan [set out as a note above] shall 
take effect as of April 1, 1980.
                                                           Jimmy Carter.

                  Section Referred to in Other Sections

    This section is referred to in sections 1872, 2152, 2213, 2241, 2541 
of this title; title 15 section 1128; title 35 section 2.
