[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 437 Introduced in Senate (IS)]

  1st Session
                                 S. 437

  To establish a Northern Border States-Canada Trade Council, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            February 16 (legislative day, January 30), 1995

   Ms. Snowe introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To establish a Northern Border States-Canada Trade Council, 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. SHORT TITLE.

    This Act may be cited as the ``Northern Border States Council 
Act''.

SEC. 2. ESTABLISHMENT OF COUNCIL.

    (a) Establishment.--There is established a council to be known as 
the Northern Border States-Canada Trade Council (hereafter in this Act 
referred to as the ``Council'').
    (b) Membership.--
            (1) Composition.--The Council shall be composed of 24 
        members consisting of 2 members from each of the following 
        States:
                    (A) Maine.
                    (B) New Hampshire.
                    (C) Vermont.
                    (D) New York.
                    (E) Michigan.
                    (F) Minnesota.
                    (G) Wisconsin.
                    (H) North Dakota.
                    (I) Montana.
                    (J) Idaho.
                    (K) Washington.
                    (L) Alaska.
            (2) Appointment by state governors.--Not later than 6 
        months after the date of the enactment of this Act, the 
        Secretary of Commerce (hereafter in this Act referred to as the 
        ``Secretary'') shall appoint 2 members from each of the States 
        described in paragraph (1) to serve on the Council. The 
        appointments shall be made from the list of nominees submitted 
        by the Governor of each such State.
    (c) Period of Appointment; Vacancies.--Members shall be appointed 
for terms that are coterminous with the term of the Governor of the 
State who nominated the member. Any vacancy in the Council shall not 
affect its powers, but shall be filled in the same manner as the 
original appointment.
    (d) Initial Meeting.--Not later than 30 days after the date on 
which all members of the Council have been appointed, the Council shall 
hold its first meeting.
    (e) Meetings.--The Council shall meet at the call of the 
Chairperson.
    (f) Quorum.--A majority of the members of the Council shall 
constitute a quorum, but a lesser number of members may hold hearings.
    (g) Chairperson and Vice Chairperson.--The Council shall select a 
Chairperson and Vice Chairperson from among its members. The 
Chairperson and Vice Chairperson shall each serve in their respective 
positions for a period of 2 years, unless such member's term is 
terminated before the end of the 2-year period.

SEC. 3. DUTIES OF THE COUNCIL.

    (a) In General.--The duties and responsibilities of the Council 
shall include--
            (1) advising the President, the Congress, the United States 
        Trade Representative, the Secretary, and other appropriate 
        Federal and State officials, with respect to--
                    (A) the development and administration of United 
                States-Canada trade policies, practices, and relations,
                    (B) taxation and regulation of cross-border 
                wholesale and retail trade in goods and services 
                between the United States and Canada,
                    (C) taxation, regulation, and subsidization of 
                agricultural products, energy products, and forest 
                products, and
                    (D) the potential for any United States or Canadian 
                customs or immigration law or policy to result in a 
                barrier to trade between the United States and Canada,
            (2) monitoring the nature and cause of trade issues and 
        disputes that involve one of the Council-member States and 
        either the Canadian Government or one of the provincial 
        governments of Canada; and
            (3) if the Council determines that a Council-member State 
        is involved in a trade issue or dispute with the Government of 
        Canada or one of the provincial governments of Canada, making 
        recommendations to the President, the Congress, the United 
        States Trade Representative, and the Secretary concerning how 
        to resolve the issue or dispute.
    (b) Response to Requests by Certain People.--
            (1) In general.--Upon the request of the United States 
        Trade Representative, the Secretary, a Member of Congress who 
        represents a Council-member State, or the Governor of a 
        Council-member State, the Council shall review and comment on--
                    (A) reports of the Federal Government and reports 
                of a Council-member State government concerning United 
                States-Canada trade,
                    (B) reports of a binational panel or review 
                established pursuant to chapter 19 of the North 
                American Free Trade Agreement concerning the settlement 
                of a dispute between the United States and Canada,
                    (C) reports of an arbitral panel established 
                pursuant to chapter 20 of the North American Free Trade 
                Agreement concerning the settlement of a dispute 
                between the United States and Canada, and
                    (D) reports of a panel or Appellate Body 
                established pursuant to the General Agreement on 
                Tariffs and Trade concerning the settlement of a 
                dispute between the United States and Canada.
            (2) Determination of scope.--Among other issues, the 
        Council shall determine whether a trade dispute between the 
        United States and Canada is the result of action or inaction on 
        the part of the Federal Government of Canada or a provincial 
        government of Canada.
    (c) Council-Member State.--For purposes of this section, the term 
``Council-member State'' means a State described in section 2(b)(1) 
which is represented on the Council established under section 2(a).

SEC. 4. REPORT TO CONGRESS.

    Not later than 2 years after the date of the enactment of this Act 
and at the end of each 2-year period thereafter, the Council shall 
submit a report to the President and the Congress which contains a 
detailed statement of the findings, conclusions, and recommendations of 
the Council.

SEC. 5. POWERS OF THE COUNCIL.

    (a) Hearings.--The Council may hold such hearings, sit and act at 
such times and places, take such testimony, and receive such evidence 
as the Council considers advisable to carry out the provisions of this 
Act. Notice of Council hearings shall be published in the Federal 
Register in a timely manner.
    (b) Information From Federal Agencies.--The Council may secure 
directly from any Federal department or agency such information as the 
Council considers necessary to carry out the provisions of this Act. 
Upon the request of the Chairperson of the Council, the head of such 
department or agency shall furnish such information to the Council.
    (c) Postal Services.--The Council may use the United States mails 
in the same manner and under the same conditions as other departments 
and agencies of the Federal Government.
    (d) Gifts.--The Council may accept, use, and dispose of gifts or 
donations of services or property.

SEC. 6. COUNCIL PERSONNEL MATTERS.

    (a) Members To Serve Without Compensation.--Except as provided in 
subsection (b), members of the Council shall receive no compensation, 
allowances, or benefits by reason of service to the Council.
    (b) Travel Expenses.--The members of the Council 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 Council.
    (c) Staff.--
            (1) In general.--The Chairperson of the Council may, 
        without regard to the civil service laws, appoint and terminate 
        an executive director and such other additional personnel as 
        may be necessary to enable the Council to perform its duties. 
        The employment of an executive director shall be subject to 
        confirmation by the Council and the Secretary.
            (2) Compensation.--The Chairperson of the Council 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 Council 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 Council 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.
    (f) Office Space.--The Secretary shall provide office space for 
Council activities and for Council personnel.

SEC. 7. TERMINATION OF THE COUNCIL.

    The Council shall terminate on the date that is 54 months after the 
date of the enactment of this Act and shall submit a final report to 
the President and the Congress under section 4 at least 90 days before 
such termination.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated from 
amounts made available by appropriations to the Department of Commerce 
an amount not to exceed $250,000 for fiscal year 1996 and for each 
fiscal year thereafter to the Council to carry out the provisions of 
this Act.
    (b) Availability.--Any sums appropriated under the authorization 
contained in this section shall remain available, without fiscal year 
limitation, until expended.
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