Reorganization Plan.

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93 STAT. 1381 REORGANIZATION PLAN NO. 3 OF 1979 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[5 USC app](/us/usc/t5).; [19 USC 2171 note](/us/usc/t19/s2171). section 1. *Office of the United States Trade Representative*Effective date for Secs. 1, 2(a), (b)(2), (c),(d). 3,4, 5(a), (b)(2), (c)–(e), 6–8, Jan. 2, 1980.** As provided (or by Executive Order 12188 (Vol. 16, Weekly Compilation of Presidential Documents, p. 7; 19 IISC 2171 note).

(a)The Office of the Special Representative for Trade Negotiations is re-designated the Office of the United States Trade Representative.

(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 Stales 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; United States Government positions on*Ante*, p. 147. 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 multi-lateral 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[19 USC 1303](/us/usc/t19/s1303); *ante*, p. 151. 1930; 93 STAT. 1382

(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. section 2. Sec. 2(b)(1), effective immediately.** As provided for by Executive Order 12175 (Vol. 15, Weekly Compilation of Presidential Documents, p, 2201: 19 USC 2171 note). *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.

(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 [5 USC 5313](/us/usc/t5/s5313).Schedule, 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[5 USC 5314](/us/usc/t5/s5314). at the rate payable for Level III of the Executive Schedule, 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 receive compensation at the [5 USC 5315](/us/usc/t5/s5315).rate payable for Level IV of the Executive Schedule, and shall perform such duties and exercise such powers as the Secretary may from time to time prescribe. section 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. section 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. 93 STAT. 1383

(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. section 5. *Transfer of Functions*

(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. 1662);

(C)section 303 and title VII (including section 771(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;*Antet* p. 306.

(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)).

(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.

(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 93 STAT. 1384

(B)performed in such countries as the President may from time to time prescribe.

(C)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*.) 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) ail 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)). section 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. section 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. section 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 individuals so designated shall be compensated at the rate provided herein for such position. 93 STAT. 1385 section 9. *Effective date* The provisions of this reorganization plan shall take effect October 1, 1980,The requirements under 5 USC 906 were met on Nov. 29, 1979. 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. LEGISLATIVE HISTORY: WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS (1979); Vol. 15, No, 39: Sept. 25. Presidential message transmitting Reorganization Plan No, 3 of 1979 to Congress. HOUSE REPORT No. [96–585](/us/hrpt/96/585) accompanying [H. Res. 428](/us/bill/96/hres/428) (Comm. on Government Operations). SENATE REPORT No. [96–402](/us/srpt/96/402) accompanying [S. Res. 245](/us/bill/96/sres/245) (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 125 (1979): Sept. 28. [S. Res. 245](/us/bill/96/sres/245), resolution of disapproval, introduced in Senate and referred to Committee on Governmental Affairs. Sept. 2B, [H. Res. 428](/us/bill/96/hres/428), resolution of disapproval, introduced in House and referred to Committee on Government Operations. Nov. 8, [H. Res. 428](/us/bill/96/hres/428) rejected by House. PRIVATE LAWS first session, ninety-sixth congress Private Law 96–1: For the relief of Joseph J. Andrews. Private Law 1 Private Law 96–1 93 Stat. 1389 1979-08-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-08-22 96 1 private

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