[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1875 Engrossed in House (EH)]
111th CONGRESS
2d Session
H. R. 1875
_______________________________________________________________________
AN ACT
To establish the Emergency Trade Deficit Commission.
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 United
States demand for imports rather than an increase in United
States exports.
(3) Many of the trade deficits are structural--that is,
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 ($226.8 billion), the
European Union ($60.5 billion), Japan ($44.7 billion), and
Mexico ($47.5 billion), 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 non tariff 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) three persons shall be appointed by the
President, of whom one shall be appointed to represent
labor interests, one shall be appointed to represent
small businesses, and one shall be appointed to
represent manufacturing interests;
(B) 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 of the
Senate;
(C) 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 of the Senate;
(D) 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 of
the House of Representatives; and
(E) 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 of the House of
Representatives.
(2) Qualifications of members.--
(A) Presidential appointments.--Of the persons
appointed under paragraph (1)(A), not more than one may
be an officer, employee, or paid consultant of the
executive branch.
(B) Other appointments.--Persons appointed under
subparagraph (B), (C), (D), or (E) of paragraph (1)
shall be persons 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 to 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 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 was made.
(d) 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) Meetings.--The Commission shall meet at the call of the
Chairperson.
(f) Chairperson and Vice Chairperson.--The members of the
Commission shall elect a chairperson and vice chairperson from among
the members of the Commission.
(g) Quorum.--A majority of the members of the Commission shall
constitute a quorum for the transaction of business.
(h) 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.
SEC. 3. DUTIES OF THE COMMISSION.
(a) In General.--The Commission shall be responsible for examining
the nature, causes, and consequences of the United States trade deficit
and providing recommendations on how to address and reduce 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 U.S. Trade Deficit.--In examining the causes of the
United States trade deficit, 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 non tariff 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 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 trade deficit, including--
(A) the impact of United States outbound investment
on the United States trade deficit and on standards of
living and production in the United States;
(B) the impact that the relocation of production
facilities overseas has on the United States trade
deficit, including by reviewing major domestic plant
closures over an appropriate representative period to
determine how much production terminated from such
closures was relocated offshore;
(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 U.S. Trade Deficit.--In examining the
consequences of the United States trade deficit, the Commission shall,
among other things--
(1) identify and, to the extent practicable, quantify the
impact of the trade deficit on the overall domestic economy,
and, with respect to different sectors of the economy, on
manufacturing capacity, on the number and quality of jobs, on
wages, and on health, safety, and environmental standards;
(2) assess the effects the trade deficits in the areas of
manufacturing and technology have on 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, 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 Ways and Means of the House of Representatives and the
Committee on Finance of the Senate a report that contains--
(1) the findings and conclusions of the Commission
described in 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.
SEC. 5. 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 considers advisable to carry out this Act.
The Commission shall hold at least seven public hearings, one or more
in Washington, D.C., and four 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 this Act. 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 Federal
departments and agencies.
SEC. 6. 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 duties of 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. 7. AUTHORIZATION OF APPROPRIATIONS; GAO AUDIT.
(a) In General.--There are authorized to be appropriated $2,000,000
to the Commission to carry out this Act.
(b) GAO Audit.--Not later than 6 months after the date on which the
Commission terminates, the Comptroller General of the United States
shall complete an audit of the financial books and records of the
Commission and shall submit a report on the audit to the President and
the Congress.
SEC. 8. TERMINATION OF COMMISSION.
The Commission shall terminate 30 days after the date on which the
Commission submits its report under section 4(a).
Passed the House of Representatives July 28, 2010.
Attest:
Clerk.
111th CONGRESS
2d Session
H. R. 1875
_______________________________________________________________________
AN ACT
To establish the Emergency Trade Deficit Commission.