I 112th CONGRESS 2d Session H. R. 6539 IN THE HOUSE OF REPRESENTATIVES September 21, 2012 Mr. Nunes introduced the following bill; which was referred to the Committee on Ways and Means A BILL To establish United States-Brazil Joint Commission on Commerce and Trade, and for other purposes.

1.

Short title

This Act may be cited as the United States-Brazil Joint Commission on Commerce and Trade Act.

2.

Purpose

The purpose of this Act is to establish the United States-Brazil Joint Commission on Commerce and Trade to address bilateral trade matters, seek removal of trade barriers, and promote commercial opportunities, between the United States and Brazil.

3.

United States-Brazil Joint Commission on Commerce and Trade

(a)

Establishment of United States-Brazil Joint Commission on Commerce and Trade

(1)

In general

There is established a commission to be known as the United States-Brazil Joint Commission on Commerce and Trade (in this section referred to as the Commission). (2)

Purpose

The purpose of the Commission is to improve the bilateral trade and economic relationship between the United States and Brazil by establishing high level reviews of barriers to trade between the two countries, to promote commercial opportunities between the United States and Brazil, and to facilitate the dialogue necessary to examine the mutual benefits of free trade. (3)

Membership of Commission

(A)

Composition

The Commission shall be composed of 16 members. The composition of the Commission shall be divided equally between the United States Government and the Republic of Brazil. United States Commissioners shall be appointed as follows: (i)Two persons shall be appointed by the President pro tempore of the Senate upon the recommendation of the majority leader of the Senate, after consultation with the Chairman of the Committee on Finance and the Chairman of the Committee on Foreign Relations of the Senate. (ii)Two persons shall be appointed by the President pro tempore of the Senate upon the recommendation of the minority leader of the Senate, after consultation with the ranking minority member of the Committee on Finance and the ranking minority member of the Committee on Foreign Relations of the Senate. (iii)Two persons shall be appointed by the Speaker of the House of Representatives, after consultation with the Chairman of the Committee on Ways and Means and the Chairman of the Committee on Foreign Affairs of the House of Representatives. (iv)Two persons shall be appointed by the minority leader of the House of Representatives, after consultation with the ranking minority member of the Committee on Ways and Means and the ranking minority member of the Committee on Foreign Affairs of the House of Representatives. (B)

Qualifications

Individuals appointed to the Commission shall be individuals who have expertise in international trade matters and United States-Brazil relations. (4)

Period of appointment; vacancies

(A)

In general

Members of the Commission shall be appointed to 2-year terms. (B)

Staggering of terms

Each appointing authority referred to under clauses (i) through (iv) of paragraph (3)(A) shall— (i)make the appointments on a staggered term basis, so that of the members initially appointed— (I)1 of the 2 appointments shall be for a term expiring on December 31, 2014; and (II)the other appointment shall be for a term expiring on December 31, 2015; and (ii)make the appointments not later than 30 days after the date on which each new Congress convenes. (C)

Reappointment

Members of the Commission may be reappointed for additional terms of service as members of the Commission. (D)

Vacancies

Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (5)

Chairmen

The members of the Commission shall select co-Chairmen, one from the United States and one from Brazil. (6)

Meetings

The Commission shall meet at the call of the Chairmen. (A)

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. (B)

Subsequent meetings

The Commission shall meet at the call of the Chairmen of the Commission, with the responsibility of chairing proceedings alternating between the United States and Brazil. (C)

Quorum

A majority of the members of the Commission shall constitute a quorum for the transaction of business of the Commission. (7)

Voting

Each member of the Commission shall be entitled to one vote, which shall be equal to the vote of every other member of the Commission. (b)

Duties

Not later than December 1 of each year (beginning in 2014), the Commission shall submit to the United States Congress and the National Congress of Brazil a report regarding the status and economic impact of trade relations between the United States and Brazil. The report shall include a full analysis, along with conclusions and recommendations for legislative and administrative actions, if any, concerning barriers to trade and the enhancement of economic ties. (c)

Hearings

(1)

In general

The Commission or, at its direction, any panel or member of the Commission, may for the purpose of carrying out the provisions of this section, hold hearings, sit and act at times and places, take testimony, receive evidence, and administer oaths to the extent that the Commission or such panel or member considers advisable. (2)

Information

The Commission may secure directly from any Federal department or agency information that the Commission considers necessary to enable the Commission to carry out its duties under this section, unless that information is deemed to contain sensitive national intelligence information or is otherwise subject to rules concerning state secrets. (d)

Commission personnel matters

(1)

Compensation of members

United States Members of the Commission shall be compensated in the same manner provided for the compensation of members of the Trade Deficit Review Commission under subsections (g)(1) and (g)(6) of section 127 of the Trade Deficit Review Commission Act (19 U.S.C. 2213 note). (2)

Travel expenses

Travel expenses of the United States Commissioners shall be allowed in the same manner provided for the allowance of the travel expenses of the Trade Deficit Review Commission under section 127(g)(2) of the Trade Deficit Review Commission Act. (3)

Staff

An executive director and other additional personnel for the Commission shall be appointed, compensated, and terminated in the same manner provided for the appointment, compensation, and termination of the executive director and other personnel of the Trade Deficit Review Commission under section 127(g)(3) and section 127(g)(6) of the Trade Deficit Review Commission Act. The executive director and any personnel who are employees of the United States-Brazil Joint Commission on Commerce and Trade shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (4)

Detail of government employees

Federal Government employees may be detailed to the Commission in the same manner provided for the detail of Federal Government employees to the Trade Deficit Review Commission under section 127(g)(4) of the Trade Deficit Review Commission Act. (5)

Assignment of personnel by the government of brazil

The Commission shall work with the Government of Brazil to secure the appropriate expertise to carry out its work, including through the assignment to the Commission of staff officials selected by the Government of Brazil and the temporary or ongoing employment of Brazilian nationals. (6)

Foreign travel for official purposes

Foreign travel for official purposes by Commissioners to and from official proceedings may be authorized by the Chairmen of the Commission. Travel by the staff of the Commission for official purposes may be authorized by the Chairmen of the Commission only when necessary to carry out essential activities that could not otherwise be conducted using alternative means. (7)

Procurement of temporary and intermittent services

The Chairmen of the Commission may procure temporary and intermittent services for the Commission in the same manner provided for the procurement of temporary and intermittent services for the Trade Deficit Review Commission under section 127(g)(5) of the Trade Deficit Review Commission Act. (8)

Privately funded travel

The Chairmen of the Commission may authorize privately funded travel by members and staff of the Commission for activities related to the duties of the Commission. The Commission shall disclose to the public, not later than 60 days after the privately funded travel occurs, the source of the funding, together with the itinerary of the activities of members and staff of the Commission participating in the privately funded travel. (e)

Assistance in performing duties

The President of the United States shall provide for the transfer to the Commission of such staff, materials, and infrastructure (including leased premises) of Federal departments and agencies as the President considers necessary to assist the Commission in carrying out its duties. (f)

Authorization of appropriations

(1)

In general

There is authorized to be appropriated to the Commission for fiscal year 2013, and for each fiscal year thereafter, such sums as may be necessary to enable the Commission to carry out its duties under this section. (2)

Availability

Amounts appropriated to the Commission pursuant to this subsection shall remain available until expended.