[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6540 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6540

          To create a Trade Agreement Enforcement Commission.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 17, 2008

  Mr. Baird introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
          To create a Trade Agreement Enforcement Commission.

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

SECTION 1. PURPOSE.

    The purpose of this Act is to establish the Trade Agreement 
Enforcement Commission to oversee the enforcement of worker rights 
provisions in trade agreements to which the United States is a party 
and in trade preference programs.

SEC. 2. ESTABLISHMENT.

    (a) In General.--There is established the Trade Agreement 
Enforcement Commission (in this Act referred to as the ``Commission'').
    (b) Membership.--
            (1) In general.--The Commission shall be composed of 15 
        members, who shall be appointed as follows from among persons 
        in private life who have expertise in matters involving worker 
        rights:
                    (A) Four members shall be appointed by the Speaker 
                of the House of Representatives, after consulting with 
                the chairman of the Committee on Education and Labor 
                and the chairman of the Committee on Ways and Means.
                    (B) Three members shall be appointed by the 
                minority leader of the House of Representatives, after 
                consulting with the ranking member of the Committee on 
                Education and Labor and the ranking member of the 
                Committee on Ways and Means.
                    (C) Four members shall be appointed by the majority 
                leader of the Senate, after consulting with the 
                chairman of the Committee on Health, Education, Labor, 
                and Pensions and the chairman of the Committee on 
                Finance.
                    (D) Three members shall be appointed by the 
                minority leader of the Senate, after consulting with 
                the ranking member of the Committee on Health, 
                Education, Labor, and Pensions and the ranking member 
                of the Committee on Finance.
                    (E) One member shall be appointed by the President.
            (2) Staggered terms.--(A) Each appointing authority 
        referred to under subparagraphs (A) and (C) of paragraph (1) 
        shall make the initial appointments on a staggered term basis, 
        such that--
                            (i) 1 appointment shall be for a term 
                        expiring on December 31, 2009;
                            (ii) 1 appointment shall be for a term 
                        expiring on December 31, 2010; and
                            (iii) 2 appointments shall be for a term 
                        expiring on December 31, 2011.
            (B) Each appointing authority referred to under 
        subparagraphs (B) and (D) of paragraph (1) shall make the 
        initial appointments on a staggered term basis, such that--
                    (i) 1 appointment shall be for a term expiring on 
                December 31, 2009;
                    (ii) 1 appointment shall be for a term expiring on 
                December 31, 2010; and
                    (iii) 1 appointment shall be for a term expiring on 
                December 31, 2011.
            (C) The President shall make the initial appointment under 
        subparagraph (E) of paragraph (1) for a term expiring on 
        December 31, 2010.
            (D) Each appointing authority under paragraph (1) shall 
        make all subsequent appointments on an approximate 2-year term 
        basis to expire on December 31 of the applicable year.
            (E) Each appointing authority under paragraph (1) shall 
        make appointments not later than January 31 of the year in 
        which the term of the member of the Commission is to begin.
            (3) Reappointment.--Members of the Commission may be 
        reappointed for additional terms of service as members of the 
        Commission.
            (4) Vacancies.--Any member appointed to fill a vacancy 
        occurring before the expiration of the term for which the 
        member's predecessor was appointed shall be appointed only for 
        the remainder of that term. A member may serve after the 
        expiration of that member's term until a successor has taken 
        office. A vacancy on the Commission shall be filled in the 
        manner in which the original appointment was made.
    (c) Chairperson and Vice Chairperson.--The members of the 
Commission shall select a Chairperson and Vice Chairperson of the 
Commission from among the members of the Commission.
    (d) Meetings.--
            (1) Meetings.--The first meeting of the Commission shall be 
        held not later than 90 days after the initial appointments are 
        made under subsection (b). Thereafter, the Commission shall 
        meet at the call of the Chairperson of the Commission.
            (2) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum for the transaction of business of 
        the Commission.
    (e) 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.

    (a) In General.--The Commission shall monitor, investigate, and 
report to Congress and the President on the enforcement by each trading 
partner of the United States of worker rights in the territory of the 
trading partner.
    (b) Specific Matters.--In carrying out subsection (a), the 
Commission shall do the following:
            (1) Monitor enforcement of worker rights in the territory 
        of each trading partner of the United States.
            (2) Review enforcement activities, including complaints, 
        claims, and petitions reviewed, of the United States Trade 
        Representative, and the Office of Trade and Labor Affairs in 
        the Bureau of International Affairs of the Department of Labor, 
        with respect to violations of worker rights in the territory of 
        trading partners of the United States.
            (3) With respect to trading partners of the United States 
        that are violating worker rights, make recommendations that the 
        Commission considers appropriate to the President, including--
                    (A) invoking dispute settlement procedures under 
                the applicable trade agreement with a trading partner 
                of the United States that is failing to enforce worker 
                rights in the territory of that trading partner;
                    (B) withdrawing trade preferences from a trading 
                partner under the applicable trade agreement with the 
                trading partner, or under the applicable trade 
                preference program, as the case may be;
                    (C) establishing an ombudsman in the territory of a 
                trading partner that has engaged in a pattern of 
                violations of worker rights or that has engaged in 
                serious violations of worker rights, for the purpose of 
                monitoring and investigating worker rights in those 
                countries; or
                    (D) taking such other actions as the Commission 
                considers appropriate.
    (c) Annual Report.--Not later than June 1 of each year (beginning 
in 2009), the Commission shall submit to the Congress and the President 
a report on the enforcement by the trading partners of the United 
States of worker rights within the territories of such trading 
partners, including the recommendations for action, if any, under 
subsection (b)(3). If possible, the report shall include an analysis of 
the impact of any violations of workers rights in the territory of a 
trading partner on the economy of the United States and, in particular, 
on employment in the United States.
    (d) Report by the President.--The President shall report to the 
Congress, not later than 6 months after each report of the Commission 
is submitted under subsection (c), on the actions taken by the 
executive branch with respect to all issues addressed in the 
Commission's report, including whether, or the extent to which, the 
President has implemented any recommendations of the Commission with 
respect to the enforcement of worker rights.

SEC. 4. POWERS.

    (a) Hearings.--The Commission or, at its direction, any panel or 
member of the Commission, may, for the purpose of carrying out the 
provisions of this Act, hold hearings, sit and act at times and places, 
take testimony, receive evidence, and administer oaths to the extent 
that the Commission or any panel or member considers advisable.
    (b) Information.--The Commission may request from any Federal 
department or agency information that the Commission considers 
necessary to enable the Commission to carry out its duties under this 
Act. Upon the request 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.
    (d) Commission Personnel Matters.--
            (1) Compensation of members.--Each member of the Commission 
        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) 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.
            (3) Staff.--
                    (A) 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.
                    (B) 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.
            (4) 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.
            (5) 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.
            (6) Foreign travel for official purposes.--Foreign travel 
        for official purposes by members and staff of the Commission 
        may be authorized by either the Chairperson or the Vice 
        Chairperson of the Commission.
            (7) Applicability of certain pay authorities.--An 
        individual who is a member of the Commission and is an 
        annuitant or otherwise covered by section 8344 or 8468 of title 
        5, United States Code, by reason of membership on the 
        Commission is not subject to the provisions of section 8344 or 
        8468 (whichever is applicable) with respect to such membership.
    (e) Support Services.--The Administrator of the General Services 
Administration shall provide to the Commission on a reimbursable basis 
such administrative support services as the Commission may request.
    (f) Federal Advisory Committee Act.--The provisions of the Federal 
Advisory Committee Act (Public Law 92-463; 5 U.S.C. App.) shall apply 
to the activities of the Commission.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Worker rights.--The term ``worker rights'' means, with 
        respect to a trading partner--
                    (A) those provisions of the trade agreement between 
                the United States and the trading partner that relate 
                to worker rights in the territory of the trading 
                partner, or
                    (B) those provisions of law establishing the 
                applicable trade preference program relating to worker 
                rights in the territory of the trading partner,
        as the case may be.
            (2) Trade preference program.--The term ``trade preference 
        program'' means a program established under the laws of the 
        United States that provides trade preferences to countries that 
        meet eligibility requirements set forth in the applicable law, 
        including title V of the Trade Act of 1974, the Carribean Basin 
        Economic Recovery Act, the African Growth and Opportunity Act, 
        and the Andean Trade Preference Act.
            (3) Trading partner of the united states.--The term 
        ``trading partner of the United States'' means--
                    (A) any country with which the United States has in 
                effect a trade agreement providing for the reduction of 
                tariff and nontariff barriers between the two 
                countries; and
                    (B) any country that is a beneficiary country under 
                a trade preference program.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Commission for 
fiscal year 2009 and each fiscal year thereafter such sums as may be 
necessary to carry out this Act.

SEC. 7. EFFECTIVE DATE.

    This Act shall take effect on the first day of the 111th Congress.
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