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TITLE II—OTHER AGENCIES
BOTANIC GARDEN
SALARIES AND EXPENSES
For all necessary expenses for the maintenance, care
and operation of the Botanic Garden and the nurseries,
buildings, grounds, and collections; and purchase and ex-
change, maintenance, repair, and operation of a passenger
motor vehicle; all under the direction of the Joint Commit-
tee on the Library, $3,180,000.
LIBRARY OF CONGRESS
SALARIES AND EXPENSES
For necessary expenses of the Library of Congress not
otherwise provided for, including development and mainte-
nance of the Union Catalogs; custody and custodial care
of the Library buildings; special clothing; cleaning, laun-
dering and repair of uniforms; preservation of motion pic-
tures in the custody of the Library; operation and mainte-
nance of the American Folklife Center in the Library; prep-
aration and distribution of catalog records and other publi-
cations of the Library; hire or purchase of one passenger
motor vehicle; and expenses of the Library of Congress Trust
Fund Board not properly chargeable to the income of any
trust fund held by the Board, $239,176,542, of which not
more than $6,500,000 shall be derived from collections cred-
ited to this appropriation during fiscal year 1999, and
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shall remain available until expended, under the Act of
June 28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 150):
Provided, That the Library of Congress may not obligate
or expend any funds derived from collections under the Act
of June 28, 1902, in excess of the amount authorized for
obligation or expenditure in appropriations Acts: Provided
further, That the total amount available for obligation shall
be reduced by the amount by which collections are less than
the $6,500,000: Provided further, That of the total amount
appropriated, $10,119,000 is to remain available until ex-
pended for acquisition of books, periodicals, newspapers,
and all other materials including subscriptions for biblio-
graphic services for the Library, including $40,000 to be
available solely for the purchase, when specifically approved
by the Librarian, of special and unique materials for addi-
tions to the collections: Provided further, That of the total
amount appropriated, $3,544,000 is to remain available
until expended for the acquisition and partial support for
implementation of an integrated library system (ILS): Pro-
vided further, That of the total amount appropriated,
$2,000,000 is to remain available until expended for a
project to digitize collections for the Meeting of the Frontiers
United States-Russian digital library: Provided further,
That of the total amount appropriated, $250,000 is to re-
main available until expended for the Library’s efforts in
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connection with the commemoration of the Bicentennial of
the Lewis and Clark expedition.
COPYRIGHT OFFICE
SALARIES AND EXPENSES
For necessary expenses of the Copyright Office, includ-
ing publication of the decisions of the United States courts
involving copyrights, $35,269,000, of which not more than
$16,000,000 shall be derived from collections credited to this
appropriation during fiscal year 1999 under 17 U.S.C.
708(d), and not more than $5,170,000 shall be derived from
collections during fiscal year 1999 under 17 U.S.C.
111(d)(2), 119(b)(2), 802(h), and 1005: Provided, That the
total amount available for obligation shall be reduced by
the amount by which collections are less than $21,170,000:
Provided further, That not more than $100,000 of the
amount appropriated is available for the maintenance of
an ‘‘International Copyright Institute’’ in the Copyright
Office of the Library of Congress for the purpose of training
nationals of developing countries in intellectual property
laws and policies: Provided further, That not more than
$2,250 may be expended, on the certification of the Librar-
ian of Congress, in connection with official representation
and reception expenses for activities of the International
Copyright Institute.
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BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED
SALARIES AND EXPENSES
For salaries and expenses to carry out the Act of March
3, 1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a),
$46,895,000, of which $13,744,000 shall remain available
until expended.
FURNITURE AND FURNISHINGS
For necessary expenses for the purchase, installation,
maintenance, and repair of furniture, furnishings, office
and library equipment, $4,458,000.
ADMINISTRATIVE PROVISIONS
SEC. 201. Appropriations in this Act available to the
Library of Congress shall be available, in an amount of not
more than $194,290, of which $58,100 is for the Congres-
sional Research Service, when specifically authorized by the
Librarian, for attendance at meetings concerned with the
function or activity for which the appropriation is made.
SEC. 202. (a) No part of the funds appropriated in
this Act shall be used by the Library of Congress to admin-
ister any flexible or compressed work schedule which—
(1) applies to any manager or supervisor in a
position the grade or level of which is equal to or
higher than GS–15; and
(2) grants such manager or supervisor the right
to not be at work for all or a portion of a workday
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because of time worked by the manager or supervisor
on another workday.
(b) For purposes of this section, the term ‘‘manager
or supervisor’’ means any management official or super-
visor, as such terms are defined in section 7103(a) (10) and
(11) of title 5, United States Code.
SEC. 203. Appropriated funds received by the Library
of Congress from other Federal agencies to cover general and
administrative overhead costs generated by performing re-
imbursable work for other agencies under the authority of
31 U.S.C. 1535 and 1536 shall not be used to employ more
than 65 employees and may be expended or obligated—
(1) in the case of a reimbursement, only to such
extent or in such amounts as are provided in appro-
priations Acts; or
(2) in the case of an advance payment, only—
(A) to pay for such general or administra-
tive overhead costs as are attributable to the
work performed for such agency; or
(B) to such extent or in such amounts as
are provided in appropriations Acts, with re-
spect to any purpose not allowable under sub-
paragraph (A).
SEC. 204. Of the amounts appropriated to the Library
of Congress in this Act, not more than $5,000 may be ex-
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pended, on the certification of the Librarian of Congress,
in connection with official representation and reception ex-
penses for the incentive awards program.
SEC. 205. Of the amount appropriated to the Library
of Congress in this Act, not more than $12,000 may be ex-
pended, on the certification of the Librarian of Congress,
in connection with official representation and reception ex-
penses for the Overseas Field Offices.
SEC. 206. (a) For fiscal year 1999, the obligational
authority of the Library of Congress for the activities de-
scribed in subsection (b) may not exceed $99,765,100.
(b) The activities referred to in subsection (a) are re-
imbursable and revolving fund activities that are funded
from sources other than appropriations to the Library in
appropriations Acts for the legislative branch.
ARCHITECT OF THE CAPITOL
LIBRARY BUILDINGS AND GROUNDS
STRUCTURAL AND MECHANICAL CARE
For all necessary expenses for the mechanical and
structural maintenance, care and operation of the Library
buildings and grounds, $12,566,000, of which $910,000
shall remain available until expended.
ADMINISTRATIVE PROVISION
SEC. 207. For fiscal year 1999, the amounts available
for expenditure to the Architect of the Capitol pursuant to
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Section 4 of Public Law 105–144, approved December 15,
1997, may not exceed $2,500,000.
GOVERNMENT PRINTING OFFICE
OFFICE OF SUPERINTENDENT OF DOCUMENTS
SALARIES AND EXPENSES
For expenses of the Office of Superintendent of Docu-
ments necessary to provide for the cataloging and indexing
of Government publications and their distribution to the
public, Members of Congress, other Government agencies,
and designated depository and international exchange li-
braries as authorized by law, $29,600,000: Provided, That
travel expenses, including travel expenses of the Depository
Library Council to the Public Printer, shall not exceed
$150,000: Provided further, That amounts of not more than
$2,000,000 from current year appropriations are author-
ized for producing and disseminating Congressional serial
sets and other related publications for 1997 and 1998 to
depository and other designated libraries.
GOVERNMENT PRINTING OFFICE REVOLVING FUND
The Government Printing Office is hereby authorized
to make such expenditures, within the limits of funds avail-
able and in accord with the law, and to make such contracts
and commitments without regard to fiscal year limitations
as provided by section 9104 of title 31, United States Code,
as may be necessary in carrying out the programs and pur-
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poses set forth in the budget for the current fiscal year for
the Government Printing Office revolving fund: Provided,
That not more than $2,500 may be expended on the certifi-
cation of the Public Printer in connection with official rep-
resentation and reception expenses: Provided further, That
the revolving fund shall be available for the hire or purchase
of not more than twelve passenger motor vehicles: Provided
further, That expenditures in connection with travel ex-
penses of the advisory councils to the Public Printer shall
be deemed necessary to carry out the provisions of title 44,
United States Code: Provided further, That the revolving
fund shall be available for temporary or intermittent serv-
ices under section 3109(b) of title 5, United States Code,
but at rates for individuals not more than the daily equiva-
lent of the annual rate of basic pay for level V of the Execu-
tive Schedule under section 5316 of such title: Provided fur-
ther, That the revolving fund and the funds provided under
the headings ‘‘OFFICE
OF SUPERINTENDENT
OF DOCU-
MENTS’’ and ‘‘SALARIES AND EXPENSES’’ together may not
be available for the full-time equivalent employment of more
than 3,350 workyears: Provided further, That activities fi-
nanced through the revolving fund may provide informa-
tion in any format: Provided further, That the revolving
fund shall not be used to administer any flexible or com-
pressed work schedule which applies to any manager or su-
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pervisor in a position the grade or level of which is equal
to or higher than GS–15: Provided further, That expenses
for attendance at meetings shall not exceed $75,000.
GENERAL ACCOUNTING OFFICE
SALARIES AND EXPENSES
For necessary expenses of the General Accounting Of-
fice, including not more than $7,000 to be expended on the
certification of the Comptroller General of the United States
in connection with official representation and reception ex-
penses; temporary or intermittent services under section
3109(b) of title 5, United States Code, but at rates for indi-
viduals not more than the daily equivalent of the annual
rate of basic pay for level IV of the Executive Schedule
under section 5315 of such title; hire of one passenger motor
vehicle; advance payments in foreign countries in accord-
ance with 31 U.S.C. 3324; benefits comparable to those pay-
able under sections 901(5), 901(6) and 901(8) of the For-
eign Service Act of 1980 (22 U.S.C. 4081(5), 4081(6) and
4081(8)); and under regulations prescribed by the Comp-
troller General of the United States, rental of living quar-
ters in foreign countries; $363,298,000: Provided, That not-
withstanding 31 U.S.C. 9105 hereafter amounts reimbursed
to the Comptroller General pursuant to that section shall
be deposited to the appropriation of the General Accounting
Office then available and remain available until expended,
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and not more than $2,000,000 of such funds shall be avail-
able for use in fiscal year 1999: Provided further, That this
appropriation and appropriations for administrative ex-
penses of any other department or agency which is a mem-
ber of the Joint Financial Management Improvement Pro-
gram (JFMIP) shall be available to finance an appropriate
share of JFMIP costs as determined by the JFMIP, includ-
ing the salary of the Executive Director and secretarial sup-
port: Provided further, That this appropriation and appro-
priations for administrative expenses of any other depart-
ment or agency which is a member of the National Intergov-
ernmental Audit Forum or a Regional Intergovernmental
Audit Forum shall be available to finance an appropriate
share of either Forum’s costs as determined by the respective
Forum, including necessary travel expenses of non-Federal
participants. Payments hereunder to either the Forum or
the JFMIP may be credited as reimbursements to any ap-
propriation from which costs involved are initially fi-
nanced: Provided further, That this appropriation and ap-
propriations for administrative expenses of any other de-
partment or agency which is a member of the American
Consortium on International Public Administration
(ACIPA) shall be available to finance an appropriate share
of ACIPA costs as determined by the ACIPA, including any
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expenses attributable to membership of ACIPA in the Inter-
national Institute of Administrative Sciences.
TITLE III—GENERAL PROVISIONS
SEC. 301. No part of the funds appropriated in this
Act shall be used for the maintenance or care of private
vehicles, except for emergency assistance and cleaning as
may be provided under regulations relating to parking fa-
cilities for the House of Representatives issued by the Com-
mittee on House Oversight and for the Senate issued by the
Committee on Rules and Administration.
SEC. 302. No part of the funds appropriated in this
Act shall remain available for obligation beyond fiscal year
1999 unless expressly so provided in this Act.
SEC. 303. Whenever in this Act any office or position
not specifically established by the Legislative Pay Act of
1929 is appropriated for or the rate of compensation or des-
ignation of any office or position appropriated for is dif-
ferent from that specifically established by such Act, the rate
of compensation and the designation in this Act shall be
the permanent law with respect thereto: Provided, That the
provisions in this Act for the various items of official ex-
penses of Members, officers, and committees of the Senate
and House of Representatives, and clerk hire for Senators
and Members of the House of Representatives shall be the
permanent law with respect thereto.
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SEC. 304. The expenditure of any appropriation under
this Act for any consulting service through procurement
contract, pursuant to 5 U.S.C. 3109, shall be limited to
those contracts where such expenditures are a matter of pub-
lic record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
SEC. 305. Such sums as may be necessary are appro-
priated to the account described in subsection (a) of section
415 of Public Law 104–1 to pay awards and settlements
as authorized under such subsection.
SEC. 306. Amounts available for administrative ex-
penses of any legislative branch entity which participates
in the Legislative Branch Financial Managers Council
(LBFMC) established by charter on March 26, 1996, shall
be available to finance an appropriate share of LBFMC
costs as determined by the LBFMC, except that the total
LBFMC costs to be shared among all participating legisla-
tive branch entities (in such allocations among the entities
as the entities may determine) may not exceed $1,500.
SEC. 307. Section 316 of Public Law 101–302 is
amended in the first sentence of subsection (a) by striking
‘‘1998’’ and inserting ‘‘1999’’.
SEC. 308. The Government Printing Office shall be
considered an agency for the purposes of the election in sec-
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tion 801(b)(2)(B) of the National Energy Conservation Pol-
icy Act and the Public Printer shall be considered the head
of the agency for purposes of subsection (b)(2)(C) of such
section.
SEC. 309. Section 8 of the American Folklife Preserva-
tion Act (20 U.S.C. 2107) is amended to read as follows:
‘‘SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to the Center
to carry out this Act such sums as may be necessary for
each fiscal year.’’.
SEC. 310. That $3,110,611 shall be transferred from
the Employees’ Compensation Fund established under sec-
tion 8147 of title 5, United States Code, to the Government
Printing Office revolving fund as reimbursement for costs
improperly transferred from the revolving fund pursuant
to section 8147(c) of such title: Provided, That for purposes
of section 8147 of title 5, United States Code, the Govern-
ment Printing Office is not considered an agency which is
required by statute to submit an annual budget pursuant
to or as provided by chapter 91 of title 31, United States
Code, and is not required to pay an additional amount for
the cost of administration.
SEC. 311. (a) This section applies to the following offi-
cials:
(1) The Architect of the Capitol.
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(2) The Secretary of the Senate.
(3) The Sergeant at Arms and Doorkeeper of the
Senate.
(4) The Public Printer.
(5) The Director, and the Executive Director, of
the United States Botanic Garden.
(b)(1) Not later than March 30, 1999, each official
named in subsection (a) shall submit to Congress a list of
each activity that—
(A) is to be performed by or for the official in
fiscal year 2000;
(B) is not an inherently governmental function;
and
(C) is—
(i) performed by a Federal Government
source on September 30, 1998; or
(ii) initiated after that date, if one or more
Federal Government sources are to be considered
for selection as the source to perform the activity.
(2) Each list shall include (for each activity listed)—
(A) the number of full-time employees (or its
equivalent) that would be necessary for the perform-
ance of the activity by a Federal Government source;
and
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(B) the name of a Federal Government employee
responsible for the activity from whom additional in-
formation about the activity may be obtained.
(c) An activity is not required to be included on an
official’s list under subsection (b) if the activity, as deter-
mined by the official—
(1) is to be performed as a Federal Government
response to a national emergency declared by the
President or Congress;
(2) is to be performed for the official by a pri-
vate sector source pursuant to a contract or other
agreement entered into by the head of another depart-
ment or agency of the Federal Government; or
(3) is the provision of items that should be pro-
duced, manufactured, or provided, or services that
should be provided, by a Federal Government source
for reasons of national security (including reasons re-
lating to the acquisition, processing, or analysis of in-
telligence in the national security interests of the
United States).
(d) In this section:
(1) The term ‘‘Federal Government source’’, with
respect to performance of an activity, means any or-
ganization within the Federal Government that uses
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Federal Government employees to perform the activ-
ity.
(2)(A) The term ‘‘inherently governmental func-
tion’’ means a function that is so intimately related
to the public interest as to require performance by
Federal Government employees.
(B) The term includes activities that require ei-
ther the exercise of discretion in applying Federal
Government authority or the making of value judg-
ments in making decisions for the Federal Govern-
ment, including judgments relating to monetary
transactions and entitlements. An inherently govern-
mental function involves, among other things, the in-
terpretation and execution of the laws of the United
States so as—
(i) to bind the United States to take or not
to take some action by contract, policy, regula-
tion, authorization, order, or otherwise;
(ii) to determine, protect, and advance
United States economic, political, territorial,
property, or other interests by military or diplo-
matic action, civil or criminal judicial proceed-
ings, contract management, or otherwise;
(iii) to significantly affect the life, liberty,
or property of private persons;
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(iv) to commission, appoint, direct, or con-
trol officers or employees of the United States; or
(v) to exert ultimate control over the acqui-
sition, use, or disposition of the property, real or
personal, tangible or intangible, of the United
States, including the collection, control, or dis-
bursement of appropriated and other Federal
funds.
(C) The term does not normally include—
(i) gathering information for or providing
advice, opinions, recommendations, or ideas to
Federal Government officials; or
(ii) any function that is primarily ministe-
rial and internal in nature (such as building se-
curity, mail operations, operation of cafeterias,
housekeeping, facilities operations and mainte-
nance, warehouse operations, motor vehicle fleet
management operations, or other routine elec-
trical or mechanical services).
(3) The term ‘‘private sector source’’, with re-
spect to the operation of a facility owned by the Fed-
eral Government, includes a contractor that is operat-
ing, or is to operate, the facility.
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TITLE IV—TRADE DEFICIT REVIEW COMMISSION
SEC. 401. SHORT TITLE. This title may be cited as
the ‘‘Trade Deficit Review Commission Act’’.
SEC. 402. FINDINGS. Congress makes the following
findings:
(1) The United States continues to run substan-
tial merchandise trade and current account deficits.
(2) Economic forecasts anticipate continued
growth in such deficits in the next few years.
(3) The positive net international asset position
that the United States built up over many years was
eliminated in the 1980s. The United States today has
become the world’s largest debtor nation.
(4) The United States merchandise trade deficit
is characterized by large bilateral trade imbalances
with a handful of countries.
(5) The United States has one of the most open
borders and economies in the world. The United
States faces significant tariff and nontariff trade bar-
riers with its trading partners. The United States
does not benefit from fully reciprocal market access.
(6) The United States is once again at a critical
juncture in trade policy development. The nature of
the United States trade deficit and its causes and
consequences must be analyzed and documented.
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SEC. 403. ESTABLISHMENT OF COMMISSION. (a) ES-
TABLISHMENT.—There is established a commission to be
known as the Trade Deficit Review Commission (hereafter
in this title referred to as the ‘‘Commission’’).
(b) PURPOSE.—The purpose of the Commission is to
study the nature, causes, and consequences of the United
States merchandise trade and current account deficits.
(c) MEMBERSHIP OF COMMISSION.—
(1) COMPOSITION.—The Commission shall be
composed of 12 members as follows:
(A) Three 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.
(B) Three 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 mi-
nority member of the Committee on Finance.
(C) Three persons shall be appointed by the
Speaker of the House of Representatives, after
consultation with the Chairman of the Commit-
tee on Ways and Means.
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(D) Three 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 Mean.
(2) QUALIFICATIONS OF MEMBERS.—
(A) APPOINTMENTS.—Persons who are ap-
pointed under paragraph (1) shall be persons
who—
(i) have expertise in economics, inter-
national trade, manufacturing, labor, envi-
ronment, business, or have other pertinent
qualifications or experience; and
(ii) are not officers or employees of the
United States.
(B) OTHER CONSIDERATIONS.—In appoint-
ing Commission members, every effort shall be
made to ensure that the members—
(i) are representative of a broad cross-
section of economic and trade perspectives
within the United States; and
(ii) provide fresh insights to analyzing
the causes and consequences of United
States merchandise trade and current ac-
count deficits.
(d) PERIOD OF APPOINTMENT; VACANCIES.—
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(1) IN GENERAL.—Members shall be appointed
not later than 60 days after the date of enactment of
this Act and the appointment shall be for the life of
the Commission.
(2) VACANCIES.—Any vacancy in the Commis-
sion shall not affect its powers, but shall be filled in
the same manner as the original appointment.
(e) 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.
(f) MEETINGS.—The Commission shall meet at the call
of the Chairperson.
(g) CHAIRPERSON
AND VICE CHAIRPERSON.—The
members of the Commission shall elect a chairperson and
vice chairperson from among the members of the Commis-
sion.
(h) QUORUM.—A majority of the members of the Com-
mission shall constitute a quorum for the transaction of
business.
(i) VOTING.—Each member of the Commission shall be
entitled to 1 vote, which shall be equal to the vote of every
other member of the Commission.
SEC. 404. DUTIES OF THE COMMISSION. (a) IN GEN-
ERAL.—The Commission shall be responsible for examining
the nature, causes, and consequences of, and the accuracy
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of available data on, the United States merchandise trade
and current account deficits.
(b) ISSUES
TO
BE ADDRESSED.—The Commission
shall examine and report to the President, the Committee
on Ways and Means of the House of Representatives, the
Committee on Finance of the Senate, and other appropriate
committees of Congress on the following:
(1) The relationship of the merchandise trade
and current account balances to the overall well-being
of the United States economy, and to wages and em-
ployment in various sectors of the United States econ-
omy.
(2) The impact that United States monetary and
fiscal policies may have on United States merchan-
dise trade and current account deficits.
(3) The extent to which the coordination, alloca-
tion, and accountability of trade responsibilities
among Federal agencies may contribute to the trade
and current account deficits.
(4) The causes and consequences of the merchan-
dise trade and current account deficits and specific
bilateral trade deficits, including—
(A) identification and quantification of—
(i) the macroeconomic factors and bi-
lateral trade barriers that may contribute to
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the United States merchandise trade and
current account deficits;
(ii) any impact of the merchandise
trade and current account deficits on the
domestic economy, industrial base, manu-
facturing capacity, technology, number and
quality of jobs, productivity, wages, and the
United States standard of living;
(iii) any impact of the merchandise
trade and current account deficits on the
defense production and innovation capabili-
ties of the United States; and
(iv) trade deficits within individual
industrial, manufacturing, and production
sectors, and any relationship between such
deficits and the increasing volume of intra-
industry and intra-company transactions;
(B) a review of the adequacy and accuracy
of the current collection and reporting of import
and export data, and the identification and de-
velopment of additional data bases and economic
measurements that may be needed to properly
quantify the merchandise trade and current ac-
count balances, and any impact the merchandise
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trade and current account balances may have on
the United States economy; and
(C) the extent to which there is reciprocal
market access substantially equivalent to that af-
forded by the United States in each country with
which the United States has a persistent and
substantial bilateral trade deficit, and the extent
to which such deficits have become structural.
(5) Any relationship of United States merchan-
dise trade and current account deficits to both com-
parative and competitive trade advantages within the
global economy, including—
(A) a systematic analysis of the United
States trade patterns with different trading
partners and to what extent the trade patterns
are based on comparative and competitive trade
advantages;
(B) the extent to which the increased mobil-
ity of capital and technology has changed both
comparative and competitive trade advantages;
(C) any impact that labor, environmental,
or health and safety standards may have on
comparative and competitive trade advantages;
(D) the effect that offset and technology
transfer agreements have on the long-term com-