[Congressional Record Volume 144, Number 33 (Monday, March 23, 1998)]
[Senate]
[Pages S2436-S2437]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   1998 EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR RECOVERY FROM 
        NATURAL DISASTERS, AND FOR OVERSEAS PEACEKEEPING EFFORTS

                                 ______
                                 

                  BYRD (AND OTHERS) AMENDMENT NO. 2062

  Mr. BYRD (for himself, Mr. Dorgan, Mr. Stevens, and Mr. Sarbanes) 
proposed an amendment to the bill (S. 1768) making emergency 
supplemental appropriations for recovery from natural disasters, and 
for overseas peacekeeping efforts, for the fiscal year ending September 
30, 1998, and for other purposes; as follows:

       At the appropriate place, insert the following new title:
         TITLE ____--EMERGENCY TRADE DEFICIT REVIEW COMMISSION

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Emergency Trade Deficit 
     Review Commission Act''.

     SEC. ____02. FINDINGS.

       Congress makes the following findings:
       (1) The United States continues to run substantial 
     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 barriers with its trading 
     partners. Current overall trade balances do not reflect the 
     actual competitiveness or productivity of the United States 
     economy.
       (6) Since the last comprehensive review of national trade 
     and investment policies was conducted by a Presidential 
     commission in 1970, there have been massive worldwide 
     economic and political changes which have profoundly affected 
     world trading relationships. Globalization, the increased 
     mobility of capital and technology, the role of transnational 
     corporations, and the outsourcing of production across 
     national boundaries, are reshaping both the comparative and 
     competitive trade advantages among nations.
       (7) 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.

     SEC. ____03. ESTABLISHMENT OF COMMISSION.

       (a) Establishment.--There is established a commission to be 
     known as the Emergency Trade Deficit Review Commission 
     (hereafter in this title referred to as the ``Commission'').
       (b) Purpose.--The purpose of the Commission is to study the 
     causes and consequences of the United States merchandise 
     trade and current account deficits and to develop trade 
     policy recommendations for the 21st century. The 
     recommendations shall include strategies necessary to achieve 
     United States market access to foreign markets that fully 
     reflects the competitiveness and productivity of the United 
     States and also improves the standard of living of United 
     States citizens.
       (c) Membership of Commission.--
       (1) Composition.--The Commission shall be composed of 12 
     members of whom--
       (A) 1 Senator and 2 other persons shall be appointed by the 
     President pro tempore of the Senate upon the recommendation 
     of the Majority Leader of the Senate;
       (B) 1 Senator and 2 other persons shall be appointed by the 
     President pro tempore of the Senate upon the recommendation 
     of the Minority Leader of the Senate;
       (C) 1 Member of the House of Representatives and 2 other 
     persons shall be appointed by the Speaker of the House of 
     Representatives; and
       (D) 1 Member of the House of Representatives and 2 other 
     persons shall be appointed by the Minority Leader of the 
     House of Representatives.
       (2) Qualifications of members.--
       (A) Appointments.--Persons who are appointed under 
     paragraph (1), shall be persons who--
       (i) have expertise in economics, international trade, 
     manufacturing, labor, environment, business, or have other 
     pertinent qualifications or experience; and
       (ii) are not officers or employees of the United States.
       (B) Other considerations.--In appointing 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 
     account deficits.
       (d) Period of Appointment; Vacancies.--
       (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 Commission 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 Commission.
       (h) Quorum.--A majority of the members of the Commission 
     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. ____04. DUTIES OF THE COMMISSION.

       (a) In General.--The Commission shall be responsible for 
     developing trade policy recommendations, by examining the 
     economic, trade, tax, and investment policies and laws, and 
     other incentives and restrictions that are relevant to 
     addressing the causes and consequences of the United States 
     merchandise trade and current account deficits.
       (b) Recommendations.--The Commission shall examine and make 
     recommendations to Congress and the President on the 
     following:
       (1) The manner in which the Government of the United States 
     establishes and administers the Nation's fundamental trade 
     policies and objectives, including--
       (A) the relationship of the merchandise trade and current 
     account balances to the overall well-being of the United 
     States economy and any impact the trade balance may have on 
     wages and employment in various sectors of the United States 
     economy;
       (B) any effects the merchandise trade and current account 
     deficits may have on the areas of manufacturing and 
     technology and on defense production and innovation 
     capabilities of the United States;
       (C) the impact that United States monetary and fiscal 
     policies may have on United States merchandise trade and 
     current account deficits; and
       (D) the coordination, allocation, and accountability of 
     trade responsibilities among Federal agencies and the means 
     for congressional oversight of the trade policy process.
       (2) The causes and consequences of the merchandise trade 
     and current account deficits and specific bilateral trade 
     deficits, including--
       (A) identification and quantification of the macroeconomic 
     factors and bilateral trade barriers contributing to the 
     United States merchandise trade and current account deficits;
       (B) identification and quantification of any impact of the 
     merchandise trade and current account deficits on the 
     domestic economy, industrial base, manufacturing capacity, 
     number and quality of jobs, productivity, wages, and the 
     United States standard of living;
       (C) identification and quantification of trade deficits 
     within individual industrial, manufacturing, and production 
     sectors, and any relationship to intraindustry and 
     intracompany transactions;
       (D) a review of the adequacy of the current collection and 
     reporting of import and export data, and the identification 
     and development of additional data bases and economic 
     measurements that may be needed to properly quantify the 
     factors described in subparagraphs (A), (B), and (C);
       (E) the relationship that tariff and nontariff barriers may 
     have to the merchandise trade and current account deficits 
     and the extent to which such deficits have become structural;
       (F) the extent to which there is reciprocal market access 
     substantially equivalent to that afforded by the United 
     States in each country with which the United States has a 
     persistent and substantial bilateral trade deficit; and
       (G) the impact of transhipments on bilateral trade.
       (3) Any relationship of United States merchandise trade and 
     current account deficits to both comparative and competitive 
     trade advantages within the global economy, including--
       (A) a systematic analysis of the United States trade 
     patterns with different trading partners, to what extent the 
     trade patterns are based on comparative and competitive trade 
     advantages, and how the trade advantages relate to the goods 
     that are exported to and imported from various trading 
     partners;
       (B) the extent to which the increased mobility of capital 
     and technology has changed both comparative and competitive 
     trade advantages;
       (C) the extent to which differences in the growth rates of 
     the United States and its trading partners may impact on 
     United

[[Page S2437]]

      States merchandise trade and current account deficits;
       (D) any impact that labor, environmental, or health and 
     safety standards may have on world trade;
       (E) the impact that currency exchange rate fluctuations and 
     any manipulation of exchange rates may have on United States 
     merchandise trade and current account deficits;
       (F) the effect that offset and technology transfer 
     agreements have on the long-term competitiveness of the 
     United States manufacturing sectors; and
       (G) any effect that international trade, labor, 
     environmental, or other agreements may have on United States 
     competitiveness.
       (4) The flow of investments both into and out of the United 
     States, including--
       (A) any consequences for the United States economy of the 
     current status of the United States as a debtor nation;
       (B) any relationship between such investments and the 
     United States merchandise trade and current account deficits 
     and living standards of United States workers;
       (C) any impact such investments may have on United States 
     labor, community, environmental, and health and safety 
     standards, and how such investment flows influence the 
     location of manufacturing facilities; and
       (D) the effect of barriers to United States foreign direct 
     investment in developed and developing nations, particularly 
     nations with which the United States has a merchandise trade 
     and current account deficit.

     SEC. ____05. FINAL REPORT; CONGRESSIONAL HEARINGS.

       (a) Final Report.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Commission shall submit to the 
     President and Congress a final report which contains--
       (A) the findings and conclusions of the Commission 
     described in section ____04;
       (B) recommendations for addressing the problems identified 
     as part of the Commission's analysis; and
       (C) any proposals for administrative and legislative 
     actions necessary to implement such recommendations.
       (2) Separate views.--Any member of the Commission may 
     submit additional findings and recommendations as part of the 
     final report.
       (b) Congressional Hearings.--Not later than 6 months after 
     the final report described in subsection (a) is submitted, 
     the Committee on Ways and Means of the House of 
     Representatives and the Committee on Finance of the Senate 
     shall hold hearings on the report. Other committees of the 
     House of Representatives and Senate with relevant 
     jurisdiction may also hold hearings on the report.

     SEC. ____06. POWERS OF COMMISSION.

       (a) 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 requirements of this title. The Commission shall 
     hold at least 1 or more hearings in Washington, D.C., and 4 
     in different regions of the United States.
       (b) 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 the provisions of this title. Upon request of the 
     Chairperson of the Commission, the head of such department or 
     agency shall furnish such information to the Commission.
       (c) 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.

     SEC. ____07. COMMISSION PERSONNEL MATTERS.

       (a) 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.
       (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 services for the Commission.
       (c) Staff.--
       (1) In general.--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. The employment of an 
     executive director shall be subject to confirmation by the 
     Commission.
       (2) 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 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.
       (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 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.

     SEC. ____08. SUPPORT SERVICES.

       The Comptroller General of the United States shall provide 
     to the Commission on a reimbursable basis such administrative 
     support services as the Commission may request.

     SEC. ____09. APPROPRIATIONS.

       There are appropriated $20,000,000 to the Commission to 
     carry out the provisions of this title.
                                 ______
                                 

                 McCAIN (AND OTHERS) AMENDMENT NO. 2063

   Mr. McCain (for himself, Mr. Feingold, and Mr. Grams) proposed an 
amendment to the bill, S. 1768, supra; as follows:

       On page 16, strike beginning with line 6 through page 18, 
     line 5.
       On page 19, strike beginning with line 2 through line 12.
       On page 19, strike beginning with line 24 through page 20, 
     line 2.
       On page 26, strike beginning with line 7 through line 11.
       On page 35, strike beginning with line 10 through page 38, 
     line 18.
       On page 40, strike beginning with line 1 through line 25.
       On page 43, strike beginning with line 8 through line 13.
       On page 4, strike beginning with line 13 through 10 page 5, 
     line 3.
                                 ______
                                 
      FRIST AMENDMENT NO. 2064
  (Ordered to lie on the table.)
  Mr. FRIST submitted an amendment intended to be proposed by him to 
the bill, S. 1768, supra; as follows:

       At the appropriate place, insert the following:

     SEC.   . EXEMPTION AUTHORITY FOR AIR SERVICE TO SLOT-
                   CONTROLLED AIRPORTS.

       (a) In General.--Section 41714(i) of title 49, United 
     States Code, is amended by--
       (1) striking ``Certain'' in the caption;
       (2) striking ``120'' and inserting ``90''; and
       (3) striking ``(a)(2) to improve air service between a 
     nonhub airport (as defined in section 41731(a)(4)) and a high 
     density airport subject to the exemption authority under 
     subsection (a),'' and inserting ``(a) or (c),''.
       (b) Effective Date.--
       (1) In general.--The amendments made by subsection (a) 
     apply to applications for slot exemptions pending at the 
     Department of Transportation under section 41714 of title 49, 
     United States Code, on the date of enactment of this Act or 
     filed thereafter.
       (2) Application to pending requests.--For the purpose of 
     applying the amendments made by subsection (a) to 
     applications pending on the date of enactment of this Act, 
     the Secretary of Transportation shall take into account the 
     number of days the application was pending before the date of 
     enactment of this Act. If such an application was pending for 
     80 or more days before the date of enactment of this Act, the 
     Secretary shall grant or deny the exemption to which the 
     application relates within 20 calendar days after that date.

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