§ 1247. ESTABLISHMENT OF REVIEW COMMISSION.
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/usc/title-50/section-1247A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In General .— There is established a National Commission on the Use of Offsets in Defense Trade (in this section referred to as the ‘Commission’) to address all aspects of the use of offsets in international defense trade. Commission Membership .— Not later than 120 days after the date of enactment of this Act [ Nov. 29, 1999 ], the President, with the concurrence of the Majority and Minority Leaders of the Senate and the Speaker and Minority Leader of the House of Representatives, shall appoint 11 individuals to serve as members of the Commission.
Commission membership shall include— representatives from the private sector, including— one each from— a labor organization, a United States defense manufacturing company dependent on foreign sales, a United States company dependent on foreign sales that is not a defense manufacturer, and a United States company that specializes in international investment, and two members from academia with widely recognized expertise in international economics; and five members from the executive branch, including a member from— the Office of Management and Budget, the Department of Commerce, the Department of Defense, the Department of State, and the Department of Labor.
The member designated from the Office of Management and Budget shall serve as Chairperson of the Commission. The President shall ensure that the Commission is nonpartisan and that the full range of perspectives on the subject of offsets in the defense industry is adequately represented. Duties .— The Commission shall be responsible for reviewing and reporting on— the full range of current practices by foreign governments in requiring offsets in purchasing agreements and the extent and nature of offsets offered by United States and foreign defense industry contractors; the impact of the use of offsets on defense subcontractors and nondefense industrial sectors affected by indirect offsets; and the role of offsets, both direct and indirect, on domestic industry stability, United States trade competitiveness and national security.
Commission Report .— Not later than 12 months after the Commission is established, the Commission shall submit a report to the appropriate congressional committees. In addition to the items described under subsection (c), the report shall include— an analysis of— the collateral impact of offsets on industry sectors that may be different than those of the contractor providing the offsets, including estimates of contracts and jobs lost as well as an assessment of damage to industrial sectors; the role of offsets with respect to competitiveness of the United States defense industry in international trade and the potential damage to the ability of United States contractors to compete if offsets were prohibited or limited; and the impact on United States national security, and upon United States nonproliferation objectives, of the use of coproduction, subcontracting, and technology transfer with foreign governments or companies that results from fulfilling offset requirements, with particular emphasis on the question of dependency upon foreign nations for the supply of critical components or technology; proposals for unilateral, bilateral, or multilateral measures aimed at reducing any detrimental effects of offsets; and an identification of the appropriate executive branch agencies to be responsible for monitoring the use of offsets in international defense trade.
Period of Appointment; Vacancies .— Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. Initial Meeting .— Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. Meetings .— The Commission shall meet at the call of the Chairman. Commission Personnel Matters.— Compensation of members .— Each member of the Commission who is not an officer or employee of the Federal Government 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.
All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. Travel expenses .— The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.
Staff.— In general .— The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. Compensation .— The Chairman of the Commission may fix the compensation of the executive 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 executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.
Detail of government employees .— Any Federal 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. Procurement of temporary and intermittent services .— The Chairman 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 equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.
Termination .— The Commission shall terminate 30 days after the transmission of the report from the President as mandated in section 1248(b).