[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3893 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3893

  To establish the Emergency Trade Deficit Commission, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2010

Mr. Dorgan (for himself and Mr. Brown of Ohio) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To establish the Emergency Trade Deficit Commission, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    Congress makes the following findings:
            (1) The United States has run persistent trade deficits 
        since 1978, and many of such trade deficits since 2000 have 
        been especially large.
            (2) There appeared to be some improvements in the United 
        States trade balance in 2009, but this was during a time of 
        global economic crisis, and the reduction in the United States 
        trade deficit appears to be attributable to a shrinking demand 
        in the United States for imports rather than an increase in 
        United States exports.
            (3) Many of the trade deficits are structural, with the 
        same countries, year after year. In 2009, the United States 
        continued to have significant merchandise trade deficits with 
        the People's Republic of China ($226,800,000,000), the European 
        Union ($60,500,000,000), Japan ($44,700,000,000), and Mexico 
        ($47,500,000,000), notwithstanding the overall decline in the 
        United States trade deficit. In fact, in 2009, China accounted 
        for 44 percent of the United States merchandise trade deficit.
            (4) While the United States has one of the most open 
        borders and economies in the world, the United States faces 
        significant tariff and nontariff trade barriers with its 
        trading partners.
            (5) The causes and consequences of the United States trade 
        deficit must be documented and recommendations must be 
        developed to expeditiously address structural imbalances in the 
        trade deficit.

SEC. 2. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the Emergency Trade Deficit Commission (in this Act referred to as 
the ``Commission'').
    (b) Membership of Commission.--
            (1) Composition.--The Commission shall be composed of 11 
        members, of whom--
                    (A) 3 members shall be appointed by the President, 
                of whom--
                            (i) 1 shall be appointed to represent labor 
                        interests;
                            (ii) 1 shall be appointed to represent 
                        small businesses; and
                            (iii) 1 shall be appointed to represent 
                        manufacturing interests;
                    (B) 2 members 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 chairperson of the Committee on Finance of the 
                Senate;
                    (C) 2 members 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 member of the Committee on Finance of 
                the Senate;
                    (D) 2 members shall be appointed by the Speaker of 
                the House of Representatives, after consultation with 
                the chairperson of the Committee on Ways and Means of 
                the House of Representatives; and
                    (E) 2 members shall be appointed by the minority 
                leader of the House of Representatives, after 
                consultation with the ranking member of the Committee 
                on Ways and Means of the House of Representatives.
            (2) Qualifications of members.--
                    (A) Presidential appointments.--Of the members 
                appointed under paragraph (1)(A), not more than 1 may 
                be an officer, employee, or paid consultant of the 
                executive branch.
                    (B) Other appointments.--Members appointed under 
                subparagraph (B), (C), (D), or (E) of paragraph (1) 
                shall be individuals who--
                            (i) have expertise in economics, 
                        international trade, manufacturing, labor, 
                        environment, or business, or have other 
                        pertinent qualifications or experience; and
                            (ii) are not officers or employees of the 
                        United States.
                    (C) Other considerations.--In appointing members of 
                the Commission, 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 in identifying 
                        the causes and consequences of the United 
                        States trade deficit and developing 
                        recommendations to address structural trade 
                        imbalances.
    (c) Period of Appointment; Vacancies.--
            (1) In general.--Members shall be appointed not later than 
        60 days after the date of the enactment of this Act and each 
        appointment shall be for the life of the Commission.
            (2) Vacancies.--Any vacancy in the Commission shall not 
        affect its powers, but shall be filled in the same manner in 
        which the original appointment was made.
    (d) Meetings.--
            (1) In general.--The Commission shall meet at the call of 
        the chairperson.
            (2) 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.
    (e) Chairperson and Vice Chairperson.--The members of the 
Commission shall elect a chairperson and vice chairperson from among 
the members of the Commission.
    (f) Quorum.--A majority of the members of the Commission shall 
constitute a quorum for the transaction of business.
    (g) 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. 3. DUTIES OF THE COMMISSION.

    (a) In General.--The Commission shall be responsible for--
            (1) examining the causes and consequences of the United 
        States trade deficit; and
            (2) making recommendations with respect to addressing and 
        reducing structural trade imbalances, including with respect to 
        the United States merchandise trade deficit, in order to 
        promote sustainable economic growth that provides broad-based 
        income and employment gains.
    (b) Causes of United States Trade Deficit.--In examining the causes 
of the United States trade deficit under subsection (a)(1), the 
Commission shall, among other things--
            (1) identify and assess the impact of macroeconomic 
        factors, including currency practices, foreign government 
        purchases of United States assets, and savings and investment 
        rates, including savings rates of foreign state-owned 
        enterprises, on United States bilateral trade imbalances and 
        global trade imbalances;
            (2) with respect to countries with which the United States 
        has significant, persistent sectoral or bilateral trade 
        deficits, assess with respect to the magnitude and composition 
        of such trade deficits--
                    (A) the impact of tariff and nontariff barriers 
                maintained by such countries and the lack of reciprocal 
                market access as a result of such barriers;
                    (B) the impact of investment, offset, and 
                technology transfer requirements by such countries;
                    (C) any impact due to the failure of such countries 
                to adhere to internationally recognized labor 
                standards, including the extent to which any such 
                failure affects conditions of competition with the 
                United States or the ability of consumers in such 
                countries to buy United States goods and services;
                    (D) any impact due to differences in levels of 
                environmental protection and enforcement of 
                environmental laws between such countries and the 
                United States, including the extent to which such 
                differences affect conditions of competition with the 
                United States;
                    (E) policies maintained by such countries that 
                assist manufacturers in such countries, including the 
                impact of such policies on manufacturers in the United 
                States; and
                    (F) the impact of border tax adjustments by such 
                countries;
            (3) examine the impact of free trade agreements on the 
        United States trade deficit;
            (4) examine the impact of investment flows both into and 
        out of the United States on the United States trade deficit, 
        including--
                    (A) the impact of the relocation of production 
                facilities overseas on the United States trade deficit, 
                including by reviewing major domestic plant closures 
                over an appropriate representative period to determine 
                how much of the production terminated as a result of 
                such closures was relocated offshore;
                    (B) the impact of United States outbound investment 
                on the United States trade deficit and on standards of 
                living and production in the United States;
                    (C) the impact of foreign direct investment in the 
                United States on the United States trade deficit and on 
                standards of living and production in the United 
                States; and
                    (D) the impact of United States bilateral 
                investment treaties, including bilateral investment 
                treaties under negotiation, on the United States trade 
                deficit;
            (5) examine the role and impact of imports of oil and other 
        energy products on the United States trade deficit; and
            (6) assess the extent to which United States foreign policy 
        interests influence United States economic and trade policies.
    (c) Consequences of United States Trade Deficit.--In examining the 
consequences of the United States trade deficit under subsection 
(a)(1), the Commission shall, among other things--
            (1) identify and, to the extent practicable, quantify the 
        impact of the trade deficit--
                    (A) on the overall domestic economy of the United 
                States; and
                    (B) with respect to different sectors of the 
                economy of the United States, on manufacturing 
                capacity, the number and quality of jobs, wages, and 
                health, safety, and environmental standards;
            (2) assess the effects the trade deficits in the areas of 
        manufacturing and technology have on the defense production and 
        innovation capabilities of the United States; and
            (3) assess the impact of significant, persistent trade 
        deficits, including sectoral and bilateral trade deficits, on 
        United States economic growth.
    (d) Recommendations.--In making recommendations under subsection 
(a)(2), the Commission shall, among other things--
            (1) identify specific strategies for achieving improved 
        trade balances with those countries with which the United 
        States has significant, persistent sectoral or bilateral trade 
        deficits;
            (2) identify United States trade policy tools, including 
        enforcement mechanisms, that can be more effectively used to 
        address the underlying causes of structural trade deficits;
            (3) identify domestic and trade policies that can enhance 
        the competitiveness of United States manufacturers domestically 
        and globally, including those policies of the United States and 
        other countries that have been successful in promoting 
        competitiveness;
            (4) address ways to improve the coordination and 
        accountability of Federal departments and agencies relating to 
        trade; and
            (5) examine ways to improve the adequacy of the collection 
        and reporting of trade data, including identifying and 
        developing additional databases and economic measurements that 
        may be needed to properly assess the causes and consequences of 
        the United States trade deficit.

SEC. 4. REPORT.

    (a) Report.--Not later than 16 months after the date of the 
enactment of this Act, the Commission shall submit to the President and 
the Committee on Finance of the Senate and the Committee on Ways and 
Means of the House of Representatives a report that contains--
            (1) the findings and recommendations of the Commission 
        under section 3; and
            (2) any recommendations for administrative and legislative 
        actions as the Commission considers necessary.
    (b) Separate Views.--Any member of the Commission may submit 
additional findings and recommendations as part of the report required 
by subsection (a).

SEC. 5. POWERS OF COMMISSION.

    (a) In General.--Except as provided in subsection (b), the 
Commission may hold such hearings, sit and act at such times and 
places, take such testimony, and receive such evidence as the 
Commission considers advisable to carry out this Act.
    (b) Hearings.--The Commission shall hold not less than 7 public 
hearings--
            (1) 1 or more of which shall be held in Washington, 
        District of Columbia; and
            (2) not less than 4 of which shall be held in different 
        regions of the United States.
    (c) Information From Federal Agencies.--The Commission may secure 
directly from any Federal department or agency such information as the 
Commission considers necessary to carry out this Act. Upon request of 
the chairperson of the Commission, the head of a department or agency 
shall furnish such information to the Commission.
    (d) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as other Federal 
departments and agencies.

SEC. 6. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--
            (1) Members who are not federal employees.--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.
            (2) Members who are federal employees.--All members of the 
        Commission who are officers or employees of the United States 
        shall serve without compensation in addition to the 
        compensation received for their services as officers or 
        employees of the United States.
    (b) 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 duties of the 
Commission.
    (c) Staff.--
            (1) In general.--Except as provided in paragraph (2), the 
        chairperson 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.
            (2) Confirmation of executive director.--The employment of 
        an executive director shall be subject to confirmation by the 
        Commission.
            (3) Compensation.--The chairperson 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.
    (d) Detail of Government Employees.--Any employee of the Federal 
Government may be detailed to the Commission without reimbursement, and 
such detail shall be without interruption or loss of civil service 
status or privilege.
    (e) 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 that 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.

SEC. 7. TERMINATION OF COMMISSION.

    The Commission shall terminate 30 days after the date on which the 
Commission submits its report under section 4(a).

SEC. 8. GOVERNMENT ACCOUNTABILITY OFFICE AUDIT.

    Not later than 180 days after the date on which the Commission 
terminates under section 7, the Comptroller General of the United 
States shall--
     (a) complete an audit of the financial books and records of the 
Commission; and
    (b) submit to the President and Congress a report on the audit.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $2,000,000 to the 
Commission to carry out this Act.
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