19 U.S.C. § 2232 — Independent budget and authorization of

Page 553 TITLE 19—CUSTOMS DUTIES § 2232 oping nations, particularly nations with which the United States has a merchandise trade and current account deficit. ‘‘(e) FINAL REPORT.— ‘‘(1) IN GENERAL.—Not later than 15 months after the date of the initial meeting of the Commission, the Commission shall submit to the President and Congress a final report which contains— ‘‘(A) the findings and conclusions of the Commis- sion described in subsection (d); and ‘‘(B) recommendations for addressing the prob- lems identified as part of the Commission’s anal- ysis. ‘‘(2) SEPARATE VIEWS.—Any member of the Commis- sion may submit additional findings and rec- ommendations as part of the final report. ‘‘(f) POWERS OF COMMISSION.— ‘‘(1) HEARINGS.—The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission may find advisable to fulfill the require- ments of this section. The Commission shall hold at least 1 or more hearings in Washington, D.C., and 4 in different regions of the United States. ‘‘(2) INFORMATION FROM FEDERAL AGENCIES.—The Commission may secure directly from any Federal department or agency such information as the Com- mission considers necessary to carry out the provi- sions of this section. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Com- mission. ‘‘(3) POSTAL SERVICES.—The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. ‘‘(g) COMMISSION PERSONNEL MATTERS.— ‘‘(1) COMPENSATION OF MEMBERS.—Each member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. ‘‘(2) TRAVEL EXPENSES.—The members of the Com- mission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chap- ter 57 of title 5, United States Code, while away from their homes or regular places of business in the per- formance of services for the Commission. ‘‘(3) STAFF.— ‘‘(A) IN GENERAL.—The Chairperson of the Com- mission may, without regard to the civil service laws and regulations, appoint and terminate an ex- ecutive director and such other additional per- sonnel as may be necessary to enable the Commis- sion to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. ‘‘(B) COMPENSATION.—The Chairperson of the Commission may fix the compensation of the exec- utive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the execu- tive director and other personnel may not exceed the rate payable for level V of the Executive Sched- ule under section 5316 of such title. ‘‘(4) DETAIL OF GOVERNMENT EMPLOYEES.—Any Fed- eral Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. ‘‘(5) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equiva- lent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. ‘‘(6) APPLICABILITY OF CERTAIN PAY AUTHORITIES.— An individual who is a member of the Commission and is an annuitant or otherwise covered by section 8344 or 8468 of title 5, United States Code, by reason of membership on the Commission is not subject to the provisions of section 8344 or 8468 (whichever is ap- plicable) with respect to such membership. ‘‘(h) SUPPORT SERVICES.—The Administrator of the General Services Administration shall provide to the Commission on a reimbursable basis such administra- tive support services as the Commission may request. ‘‘(i) APPROPRIATIONS.—There are appropriated $2,000,000 to the Commission to carry out the provisions of this section. Amounts appropriated pursuant to this subsection shall remain available until the date which is 90 days after the date on which the Commission sub- mits the final report described in subsection (e). ‘‘(j) CHAPTER 10 OF TITLE 5, UNITED STATES CODE.— The provisions of chapter 10 of title 5, United States Code, shall not apply to the Commission. ‘‘(k) TERMINATION.—The Commission shall terminate 90 days after the date on which the Commission sub- mits the final report under subsection (e).’’ Executive Documents DELEGATION OF FUNCTIONS Memorandum of President of the United States, Mar. 1, 2004, 69 F.R. 10133, provided: Memorandum for the United States Trade Represent- ative By the authority vested in me as President by the Constitution and the laws of the United States, includ- ing section 301 of title 3, United States Code, I hereby delegate to you the functions conferred upon the Presi- dent by section 163 of the Trade Act of 1974, as amended (19 U.S.C. 2213), to provide the specified report to the Congress. You are authorized and directed to publish this memorandum in the Federal Register. GEORGE W. BUSH. PART 7—UNITED STATES INTERNATIONAL TRADE COMMISSION § 2231. Change of name (a) Former United States Tariff Commission The United States Tariff Commission (estab- lished by section 1330 of this title) is renamed as the United States International Trade Commis- sion. (b) References in law and other documents Any reference in any law of the United States, or in any order, rule, regulation, or other docu- ment, to the United States Tariff Commission (or the Tariff Commission) shall be considered to refer to the United States International Trade Commission. (Pub. L. 93–618, title I, § 171, Jan. 3, 1975, 88 Stat. 2009.) § 2232. Independent budget and authorization of appropriations Effective with respect to the fiscal year begin- ning October 1, 1976, for purposes of chapter 11 of title 31, estimated expenditures and proposed ap- propriations for the United States International Trade Commission shall be transmitted to the President on or before October 15 of the year Page 554 TITLE 19—CUSTOMS DUTIES § 2241 1 So in original. The semicolon probably should be a comma. 2 So in original. The comma probably should be a semicolon. 3 So in original. 4 So in original. Probably should be ‘‘calendar’’. preceding the beginning of each fiscal year and shall be included by him in the Budget without revision, and the Commission shall not be con- sidered to be a department or establishment for purposes of such chapter. (Pub. L. 93–618, title I, § 175(a)(1), Jan. 3, 1975, 88 Stat. 2011.) Editorial Notes CODIFICATION ‘‘Chapter 11 of title 31’’ and ‘‘such chapter’’ sub- stituted in text for ‘‘the Budget and Accounting Act, 1921 (31 U.S.C. 1 et seq.)’’ and ‘‘such Act’’, respectively, on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. PART 8—IDENTIFICATION OF MARKET BARRIERS AND CERTAIN UNFAIR TRADE ACTIONS § 2241. Estimates of barriers to market access (a) National trade estimates (1) In general For calendar year 1988, and for each suc- ceeding calendar year, the United States Trade Representative, through the inter- agency trade organization established pursu- ant to section 1872(a) of this title and with the assistance of the interagency advisory com- mittee established under section 2171(d)(2) of this title, shall— (A) identify and analyze acts, policies, or practices of each foreign country which con- stitute significant barriers to, or distortions of— (i) United States exports of goods or services (including agricultural commod- ities; and property protected by trade- marks, patents, and copyrights exported or licensed by United States persons), (ii) foreign direct investment by United States persons, especially if such invest- ment has implications for trade in goods or services; 1 and (iii) United States electronic commerce,2 (B) make an estimate of the trade-dis- torting impact on United States commerce of any act, policy, or practice identified under subparagraph (A); and (C) make an estimate, if feasible, of— (i) the value of additional goods and services of the United States, (ii) the value of additional foreign direct investment by United States persons, and (iii) the value of additional United States electronic commerce, that would have been exported to, or in- vested in or transacted with,,3 each foreign country during such calendar year if each of such acts, policies, and practices of such country did not exist. (2) Certain factors taken into account in mak- ing analysis and estimate In making any analysis or estimate under paragraph (1), the Trade Representative shall take into account— (A) the relative impact of the act, policy, or practice on United States commerce; (B) the availability of information to docu- ment prices, market shares, and other mat- ters necessary to demonstrate the effects of the act, policy, or practice; (C) the extent to which such act, policy, or practice is subject to international agree- ments to which the United States is a party; (D) any advice given through appropriate committees established pursuant to section 2155 of this title; and (E) the actual increase in— (i) the value of goods and services of the United States exported to, (ii) the value of foreign direct invest- ment made in, and (iii) the value of electronic commerce transacted with, the foreign country during the calendar year for which the estimate under paragraph (1)(C) is made. (3) Inclusion of certain discriminatory laws, policies, and practices of the Russian Fed- eration For calender 4 year 2012 and each succeeding calendar year, the Trade Representative shall include in the analyses and estimates under paragraph (1) an identification and analysis of any laws, policies, or practices of the Russian Federation that deny fair and equitable mar- ket access to United States digital trade. (4) Annual revisions and updates The Trade Representative shall annually re- vise and update the analysis and estimate under paragraph (1). (b) Reports (1) In general On or before April 30, 1989, and on or before March 31 of each succeeding calendar year, the Trade Representative shall submit a report on the analysis and estimates made under sub- section (a) for the calendar year preceding such calendar year (which shall be known as the ‘‘National Trade Estimate’’) to the Presi- dent, the Committee on Finance of the Senate, and appropriate committees of the House of Representatives. (2) Reports to include information with respect to action being taken The Trade Representative shall include in each report submitted under paragraph (1) in- formation with respect to any action taken (or the reasons for no action taken) to eliminate any act, policy, or practice identified under subsection (a), including, but not limited to— (A) any action under section 2411 of this title, (B) negotiations or consultations with for- eign governments, or (C) a section on foreign anticompetitive practices, the toleration of which by foreign governments is adversely affecting exports of United States goods or services.