[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 481 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 481

To provide for the establishment of a Professional Trade Service Corps, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 21, 1997

  Ms. Kaptur introduced the following bill; which was referred to the 
 Committee on Government Reform and Oversight, and in addition to the 
Committee on the Judiciary, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To provide for the establishment of a Professional Trade Service Corps, 
                        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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Professional Trade 
Service Corps Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

                           TABLE OF CONTENTS

Sec. 1. Short title; table of contents.
             TITLE I--THE PROFESSIONAL TRADE SERVICE CORPS

Sec. 101. Definitions; references.
Sec. 102. Establishment.
Sec. 103. Tier I.
Sec. 104. Tier II.
Sec. 105. The Councils.
Sec. 106. Rights of former members.
Sec. 107. Effective date.
                 TITLE II--THE TRADE SERVICE INSTITUTE

Sec. 201. Establishment.
Sec. 202. Director of the Trade Service Institute.
Sec. 203. Staff.
Sec. 204. Acquisition of property.
Sec. 205. Service agreements.
                 TITLE III--POSTEMPLOYMENT RESTRICTIONS

Sec. 301. Postemployment restrictions.
Sec. 302. Effective date.

             TITLE I--THE PROFESSIONAL TRADE SERVICE CORPS

SEC. 101. DEFINITIONS; REFERENCES.

    (a) Definitions.--For the purpose of this Act--
            (1) the term ``trade-related agency'' means--
                    (A) the Office of the United States Trade 
                Representative;
                    (B) each office or other unit within the Department 
                of State under the Under Secretary for Economic and 
                Agricultural Affairs;
                    (C) the Department of Commerce, excluding the 
                Bureau of the Census;
                    (D) the Foreign Agricultural Service of the 
                Department of Agriculture;
                    (E) the Bureau of International Labor Affairs of 
                the Department of Labor; and
                    (F) each office or other unit within the Department 
                of the Treasury under--
                            (i) the Deputy Assistant Secretary for 
                        Trade and Investment Policy; or
                            (ii) the Deputy Assistant Secretary for 
                        Regulatory, Tariff and Trade Enforcement;
            (2) the term ``Corps'' means the Professional Trade Service 
        Corps, as established under this title;
            (3) the term ``Tier I'' means Tier I of the Corps, as 
        described in section 103;
            (4) the term ``Tier II'' means Tier II of the Corps, as 
        described in section 104;
            (5) the term ``certified member of Tier I'' means an 
        employee in a position, in grade GS-12 (or a higher grade) of 
        the General Schedule, within a trade-related agency, who--
                    (A) has received certification under section 
                103(d); and
                    (B) has not had such certification terminated under 
                section 103(f) or otherwise;
            (6) the term ``member of the Corps'' means any individual 
        who--
                    (A) is a certified member of Tier I; or
                    (B) holds a position in Tier II (excluding any 
                individual under subparagraph (A));
            (7) the term ``Institute'' means the Trade Service 
        Institute, as described in title II;
            (8) the term ``Policy Council'' means the Policy Trade 
        Service Interagency Council referred to in section 105(a)(1);
            (9) the term ``Career Council'' means the Career Trade 
        Service Interagency Council referred to in section 105(a)(2);
            (10) the term ``Government'' means the United States 
        Government; and
            (11) the term ``Director of the Institute'' or ``Director'' 
        means the Director of the Trade Service Institute under section 
        202.
    (b) References.--A reference in this Act to a grade of the General 
Schedule shall, with respect to the trade-related agency under 
subsection (a)(1)(B), be considered to be a reference to the 
corresponding grade of the Foreign Service Schedule, as determined 
under regulations prescribed by the member of the Policy Council under 
section 105(a)(1)(B).

SEC. 102. ESTABLISHMENT.

    (a) In General.--There shall be established within the trade-
related agencies a Professional Trade Service Corps, which shall 
consist of 2 tiers as described in sections 103 and 104, respectively.
    (b) Regulations.--The Career Council shall, in accordance with 
applicable provisions of this title, prescribe regulations relating to 
any procedures, criteria, or other matters (excluding any matter as to 
which any other entity or individual is permitted or required to 
prescribe regulations under this title) which may be necessary to carry 
out this title.

SEC. 103. TIER I.

    (a) Eligibility.--To be eligible to become a candidate for Tier I, 
an individual must, as of the time of application--
            (1) hold a position, in a trade-related agency, in grade 
        GS-12, 13, 14, or 15 of the General Schedule;
            (2) have, in the aggregate, at least--
                    (A) 2 years of service in 1 or more of the trade-
                related agencies;
                    (B) 2 years of comparable experience, as a 
                Government employee, outside of the trade-related 
                agencies; or
                    (C) any combination of service or experience, as 
                described in subparagraphs (A) and (B), respectively, 
                totalling at least 2 years; and
            (3) demonstrate--
                    (A) substantive knowledge of trade policy or trade 
                negotiations;
                    (B) aptitude for analytical thinking;
                    (C) effective written and oral communication 
                skills; and
                    (D) familiarity, ability, and willingness to work 
                with the private sector, the Congress, Government 
                agencies, and the press.
    (b) Academic Requirements.--(1) Any individual who is accepted as a 
candidate for Tier I shall be required to pursue, concurrent with 
service in such individual's regular position in a trade-related agency 
or while fulfilling the rotational requirement under subsection (c), a 
comprehensive program of study at the Institute.
    (2) The purpose of the program of study shall be to ensure that 
members of the Corps are well-informed with respect to current trends 
as well as the history of trade negotiations, aware of the economic and 
political considerations relevant to trade negotiations, knowledgeable 
of the affairs, cultures, and languages of other countries, and 
otherwise well prepared to represent the interests of the United States 
in trade negotiations, or to carry out Government functions relating 
thereto.
    (3) To carry out the purpose described in paragraph (2), the 
Director of the Institute, in consultation with the Career Council and 
the Policy Council, shall develop the course requirements for 
candidates for Tier I. At a minimum, the program shall include courses 
relating to--
            (A) the history of, and current trends in, trade 
        negotiations of the United States;
            (B) trade-negotiation strategies;
            (C) the economics and politics of trade;
            (D) cultural and business practices of countries with which 
        the United States has significant trade relations;
            (E) foreign languages; and
            (F) operations within and interrelationships among the 
        various trade-related agencies.
    (c) Rotational Requirement.--(1) In order to afford the opportunity 
to acquire direct experience relating to the matter described in 
subsection (b)(3)(F) and otherwise develop the qualities referred to in 
subsection (a)(3)(D), candidates for Tier I shall be required to 
complete at least 1 tour of duty either--
            (A) by detail or temporary reassignment, as the case may 
        be, to--
                    (i) a position within another trade-related agency; 
                or
                    (ii) a Government position outside of the trade-
                related agencies; or
            (B) by temporary assignment to a position outside the 
        Government.
    (2) Selections under this subsection shall, to the maximum extent 
practicable, take into account the interests and abilities of the 
individual involved, as well as the needs of the Government.
    (3) A tour of duty under this subsection shall last at least 12 
months.
    (4)(A) The provisions of section 3373 of title 5, United States 
Code, relating to the continuation of level of pay, benefits, and 
status, shall apply with respect to any employee assigned to a position 
outside the Government, pursuant to paragraph (1)(B), in the same way 
as if it were a position to which such provisions would otherwise 
apply.
    (B) The Office of Personnel Management shall prescribe any 
regulations necessary to carry out this paragraph.
    (d) Certification.--To become a certified member of Tier I, an 
individual must--
            (1) successfully complete the academic requirements under 
        subsection (b) in accordance with such timetable as the 
        Director shall establish (such timetable to permit such longer 
        periods of time as the Director may consider necessary based on 
        an individual's grade level at time of entry and other relevant 
        factors);
            (2) successfully complete the rotational requirement under 
        subsection (c) within such time as the Director may require; 
        and
            (3) receive performance evaluations indicating at least a 
        fully successful level of competence throughout the period 
        while completing the requirements of the program.
    (e) Rights Based on Certification.--A certified member of Tier I--
            (1) may be appointed to a position in Tier II, if otherwise 
        qualified for such position;
            (2) shall be eligible for advanced courses and continuing 
        education through the Institute; and
            (3) shall be eligible for such other forms of training 
        (including preferential consideration, consistent with 
        otherwise applicable provisions of law, for additional 
        rotations) as the trade-related agencies may provide, in 
        accordance with guidelines established by the Policy Council.
    (f) Periodic Recertification.--(1) In order to ensure that 
certified members of Tier I maintain the level of excellence necessary 
to carry out the purposes of this Act, each such member shall be 
subject to such periodic recertification requirements as the Career 
Council shall by regulation prescribe.
    (2) Paragraph (1) shall not apply with respect to any individual 
holding a position within Tier II.

SEC. 104. TIER II.

    (a) In General.--Tier II shall consist of the following positions:
            (1) Within the trade-related agency described in section 
        101(a)(1)(A):
                    (A) 1 of the Deputy United States Trade 
                Representative positions (as designated by the United 
                States Trade Representative).
                    (B) Assistant United States Trade Representative.
                    (C) Deputy Assistant United States Trade 
                Representative.
                    (D) Deputy General Counsel.
                    (E) Associate General Counsel.
            (2) Within the trade-related agency described in section 
        101(a)(1)(B):
                    (A) Deputy Assistant Secretaries under the Under 
                Secretary of State for Economic and Agricultural 
                Affairs.
            (3) Within the trade-related agencies described in section 
        101(a)(1)(C):
                    (A) Deputy Assistant Secretaries.
                    (B) Office Directors.
            (4) Within the trade-related agency described in section 
        101(a)(1)(D):
                    (A) Associate Administrator for Trade Policy and 
                Agricultural Affairs.
                    (B) Assistant Administrator for Foreign 
                Agricultural Affairs.
                    (C) Deputy Assistant Administrator.
                    (D) Area Officer Positions.
            (5) Within the trade-related agency described in section 
        101(a)(1)(E):
                    (A) Deputy Under Secretary.
                    (B) Associate Deputy Under Secretary.
                    (C) Office Directors.
            (6) Within the trade-related agency described in section 
        101(a)(1)(F):
                    (A) Deputy Assistant Secretary for Regulatory, 
                Tariff and Trade Enforcement.
                    (B) Director, Office of Trade and Tariff Affairs.
                    (C) Deputy Assistant Secretary for Trade and 
                Investment Policy.
                    (D) Director of the Office of International 
                Investment.
                    (E) Director of the Office of International Trade.
    (b) Reservation of Positions.--Except as provided in subsection (c) 
of this section or section 107(b) of this Act, positions within Tier II 
may not be filled by any individual other than--
            (1) a certified member of Tier I;
            (2) an individual who, immediately before appointment to or 
        placement in the position involved, holds a position in Tier 
        II; or
            (3) an individual who is able to demonstrate, by meeting 
        such academic and other requirements as the Career Council 
        establishes, at least the minimum level of training and 
        expertise possessed by an individual described in paragraph (1) 
        or (2).
    (c) Waiver Authority.--(1) The appropriate member of the Policy 
Council (as defined in paragraph (3)) may waive the application of 
subsection (b) with respect to a position within such member's agency 
if, in accordance with guidelines which the Policy Council shall 
prescribe, such member determines such waiver to be necessary due to 
the unavailability of any candidate who satisfies such subsection.
    (2) Under the guidelines, a waiver under this subsection shall 
remain in effect for no longer than necessary to permit the appointment 
of a qualified candidate who satisfies subsection (b).
    (3) For the purpose of this subsection, the appropriate member of 
the Policy Council for the trade-related agency under subparagraph (A), 
(B), (C), (D), (E), or (F) of section 101(a)(1), is the member 
specified in the corresponding subparagraph of section 105(a)(1).

SEC. 105. THE COUNCILS.

    (a) In General.--In order to carry out this Act, there shall be 
established--
            (1) a Policy Trade Service Interagency Council, which shall 
        consist of--
                    (A) the United States Trade Representative (or the 
                Trade Representative's delegate);
                    (B) the Secretary of State (or the Secretary's 
                delegate);
                    (C) the Secretary of Commerce (or the Secretary's 
                delegate);
                    (D) the Secretary of Agriculture (or the 
                Secretary's delegate);
                    (E) the Secretary of Labor (or the Secretary's 
                delegate); and
                    (F) the Secretary of the Treasury (or the 
                Secretary's delegate); and
            (2) a Career Trade Service Interagency Council, consisting 
        of 6 members, who shall be appointed in accordance with 
        subsection (b).
    (b) Appointments to the Career Council.--(1) Each member of the 
Policy Council shall appoint 1 member of the Career Council.
    (2) Only members of the Corps shall be eligible to serve on the 
Career Council.
    (3) A vacancy in the Career Council shall be filled in the manner 
in which the original appointment was made.
    (4) The term of appointment for a member of the Career Council 
shall be 1 year, except that any individual appointed to fill a vacancy 
occurring prior to the expiration of the term for which such member's 
predecessor was appointed may serve only for the remainder of such 
term, subject to paragraph (5).
    (5) A member may serve after the expiration of such member's term 
until a successor has taken office.
    (6) Nothing in this subsection shall prevent an individual from 
being appointed to the Career Council more than once.
    (c) Pay.--Members of the Policy Council and members of the Career 
Council shall receive no additional pay on account of their service on 
the Policy Council or the Career Council, as the case may be.

SEC. 106. RIGHTS OF FORMER MEMBERS.

    Any individual who is involuntarily separated from the Corps 
(except for failure to be recertified under 103(f) or otherwise for 
cause) shall--
            (1) consistent with otherwise applicable provisions of law, 
        and upon appropriate application, be restored at the earliest 
        date possible to such individual's former position or another 
        position in the Corps which is commensurate with the 
        individual's training and background; and
            (2) for purposes of any determination of eligibility for a 
        position within Tier II, continue to be treated, during the 12-
        month period beginning on the date of separation, as a 
        certified member of Tier I.

SEC. 107. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this title 
shall take effect on the first day of the first fiscal year beginning 
after the date of the enactment of this Act.
    (b) Exceptions.--(1) The provisions of sections 104(b) (relating to 
eligibility for appointment to a position within Tier II) and 105(b)(2) 
(relating to eligibility for appointment as a member of the Career 
Council) shall apply with respect to appointments taking effect after 
the end of the 5-year period beginning on the effective date of this 
title.
    (2) Any individual who, immediately before the end of the 5-year 
period referred to in paragraph (1), holds a position which is to 
become a part of Tier II, shall not be eligible to continue in such 
position after the end of such period--
            (A) unless such individual is determined, within the last 
        year of such 5-year period, to satisfy criteria which the 
        Career Council shall establish, consistent with those under 
        section 104(b)(3); or
            (B) except if, or for so long as, a waiver remains in 
        effect with respect to such position under section 104(c).

                 TITLE II--THE TRADE SERVICE INSTITUTE

SEC. 201. ESTABLISHMENT.

    The Policy Council shall establish a Trade Service Institute in 
order to furnish training and instruction--
            (1) to candidates for Tier I;
            (2) to members of the Corps; and
            (3) to such other Government employees as may be 
        appropriate.

SEC. 202. DIRECTOR OF THE TRADE SERVICE INSTITUTE.

    (a) Appointment.--(1) The head of the Institute, who shall be known 
as the Director of the Trade Service Institute, shall be appointed by 
the Policy Council from among individuals recommended by the Career 
Council.
    (2) The Director shall be appointed for a term of 2 years, which 
shall be renewable.
    (b) Duties.--The Director shall, in accordance with section 103(b) 
and other applicable provisions of this Act--
            (1) establish the basic procedures to be followed by the 
        Institute;
            (2) plan and provide for the general nature of the training 
        and instruction to be furnished by the Institute;
            (3) correlate the training and instruction to be furnished 
        by the Institute with training activities otherwise available 
        through Government facilities or other sources;
            (4) encourage and foster programs outside of the Institute 
        that will complement those furnished by the Institute; and
            (5) take any other action which may be necessary for the 
        proper administration of the Institute.

SEC. 203. STAFF.

    (a) In General.--The Director may appoint such faculty or other 
staff of the Institute as the Director considers necessary to carry out 
its purposes.
    (b) Applicability of Civil Service Laws.--The faculty and other 
staff of the Institute shall be appointed subject to the provisions of 
title 5, United States Code, governing appointments in the competitive 
service, and shall be paid in accordance with the provisions of chapter 
51 and subchapter III of chapter 53 of such title relating to 
classification and General Schedule pay rates, and such other related 
provisions of law as may apply.
    (c) Criteria.--All appointments under this section shall be made 
without regard to political affiliation and shall be made solely on the 
basis of demonstrated interest in, and capacity to promote, the 
purposes of the Institute.
    (d) Details.--Upon request of the Director, the head of any 
Government agency may detail, on a reimbursable or nonreimbursable 
basis, any of the personnel of such agency to the Institute to assist 
it in carrying out its duties under this Act.

SEC. 204. ACQUISITION OF PROPERTY.

    (a) In General.--The Director may, in the name of the United 
States, acquire such real property, and such other property and 
equipment, as may be necessary for the operation and maintenance of the 
Institute.
    (b) Limitation.--Authority under subsection (a) shall be effective 
only to such extent or in such amounts as are provided in advance in 
appropriation Acts.

SEC. 205. SERVICE AGREEMENTS.

    (a) In General.--A Government employee (other than one under 
section 201(3)) accepted for instruction or training at the Institute 
shall agree in writing with the Government, before commencement of such 
instruction or training, that such employee will--
            (1) remain in the service of the Government after the end 
        of the period of instruction or training for a period equal to 
        at least 3 times the length of the period of instruction or 
        training, as the case may be; and
            (2) pay to the Government the amount of the expenses 
        incurred by the Government in connection with providing such 
        instruction or training to such employee if such employee is 
        voluntarily separated from Government service before the end of 
        the period for which such employee has agreed to remain in 
        Government service.
    (b) Right of Recovery.--If an employee becomes liable to the 
Government under subsection (a), but fails to fulfill such employee's 
obligation to pay, a sum equal to the amount for which such employee is 
so liable shall be recoverable by the Government from the employee or 
the employee's estate by--
            (1) setoff against accrued pay, compensation, amount of 
        retirement credit, or other amount due the employee from the 
        Government; and
            (2) such other method as is provided by law for the 
        recovery of amounts owing to the Government.
The head of the agency concerned may waive, in whole or in part, a 
right of recovery under this subsection if it is shown that recovery 
would be against equity and good conscience or against the public 
interest.

                 TITLE III--POSTEMPLOYMENT RESTRICTIONS

SEC. 301. POSTEMPLOYMENT RESTRICTIONS.

    Section 207(f) of title 18, United States Code, is amended to read 
as follows:
    ``(f) Restrictions Relating to Foreign Entities.--
            ``(1) Persons subject to subsection (c), (d), or (e).--Any 
        person who is subject to the restrictions contained in 
        subsection (c), (d), or (e) (other than a person under 
        paragraph (2)) and who knowingly, within 8 years after leaving 
        the position, office, or employment referred to in such 
        subsection--
                    ``(A) represents a foreign entity before any 
                officer or employee of any department or agency of the 
                United States with the intent to influence a decision 
                of such officer or employee in carrying out his or her 
                official duties, or
                    ``(B) aids or advises a foreign entity with the 
                intent to influence a decision of any officer or 
                employee of any department or agency of the United 
                States, in carrying out his or her official duties,
        shall be punished as provided in section 216 of this title.
            ``(2) Former members of the professional trade service 
        corps.--Any person who is a member of the Professional Trade 
        Service Corps and who knowingly, within 8 years after ceasing 
        to be such a member--
                    ``(A) represents a foreign entity before any 
                officer or employee of any department or agency of the 
                United States with the intent to influence a decision 
                of such officer or employee in carrying out his or her 
                official duties, or
                    ``(B) aids or advises a foreign entity with the 
                intent to influence a decision of any officer or 
                employee of any department or agency of the United 
                States, in carrying out his or her official duties,
        shall be punished as provided in section 216 of this title.
            ``(3) Definitions.--For purposes of this subsection--
                    ``(A) the term `foreign entity' means the 
                government of a foreign country as defined in section 
                1(e) of the Foreign Agents Registration Act of 1938, as 
                amended, or a foreign political party as defined in 
                section 1(f) of that Act; and
                    ``(B) the term `member of the Professional Trade 
                Service Corps' means a `member of the Corps', as 
                defined by section 101(a)(6) of the Professional Trade 
                Service Corps Act.''.

SEC. 302. EFFECTIVE DATE.

    (a) In General.--Subject to subsection (b), this title and the 
amendments made by this title shall take effect as of the effective 
date of title I.
    (b) Exception.--(1) The amendments made by this title shall not, 
except as provided in paragraph (2), apply to a person whose service as 
a Government employee to which such amendments apply terminated before 
the effective date of such amendments.
    (2) Paragraph (1) shall not preclude the application of the 
amendments made by this title to a person with respect to service as a 
Government employee by that person on or after the effective date of 
such amendments.
                                 <all>