[House Document 105-22]
[From the U.S. Government Publishing Office]




105th Congress, 1st Session - - - - - - - - - - - House Document 105-22


 
    PROPOSED LEGISLATION: A BILL TO PROVIDE A WAIVER FROM CERTAIN 
  PROVISIONS RELATING TO THE APPOINTMENT OF THE UNITED STATES TRADE 
                            REPRESENTATIVE

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

   A DRAFT OF PROPOSED LEGISLATION TO PROVIDE A WAIVER FROM CERTAIN 
   PROVISIONS RELATING TO THE APPOINTMENT OF THE UNITED STATES TRADE 
                             REPRESENTATIVE




   January 7, 1997.--Message and accompanying papers referred to the 
         Committee on Ways and Means and ordered to be printed


To the Congress of the United States:
    I am pleased to transmit herewith for your immediate 
consideration and enactment legislation to provide a waiver 
from certain provisions relating to the appointment of the 
United States Trade Representative.
    This draft bill would authorize the President, acting by 
and with the advice and consent of the Senate, to appoint 
Charlene Barshefsky as the United States Trade Representative, 
notwithstanding any limitations imposed by certain provisions 
of law. The Lobbying Disclosure Act of 1995 amended the 
provisions of the Trade Act of 1974 regarding the appointment 
of the United States Trade Representative and the Deputy United 
States Trade Representative by imposing certain limitations on 
their appointment. These limitations only became effective with 
respect to the appointment of the United States Trade 
Representative and Deputy United States Trade Representatives 
on January 1, 1996, and do not apply to individuals who were 
serving in one of those positions on that date and continue to 
serve in them. Because Charlene Barshefsky was appointed Deputy 
United States Trade Representative on May 28, 1993, and has 
continued to serve in that position since then, the limitations 
in the Lobbying Disclosure Act, which became effective on 
January 1, 1996, do not apply to her in her capacity as Deputy 
United States Trade Representative and it is appropriate that 
they not apply to her if she is appointed to be the United 
States Trade Representative.
    I have today nominated Charlene Barshefsky to be the next 
United States Trade Representative. She has done an outstanding 
job as Deputy United States Trade Representative since 1993 and 
as Acting United States Trade Representative for the last 9 
months. I am confident she will make an excellent United States 
Trade Representative. I urge the Congress to take prompt and 
favorable action on this legislation.

                                                William J. Clinton.
    The White House, January 7, 1997.


                                 A BILL

To provide a waiver from certain provisions relating to the appointment 
               of the United States Trade Representative.

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

SECTION 1. WAIVER OF CERTAIN PROVISIONS RELATING TO APPOINTMENT OF 
                    UNITED STATES TRADE REPRESENTATIVE

    (a) Findings.--Congress makes the following findings:
          (1) Section 21 of the Lobbying Disclosure Act of 1995, which 
        became effective on January 1, 1996, amended section 141(b) of 
        the Trade Act of 1974 (19 U.S.C. 2171(b)) by providing certain 
        limitations with respect to the appointment of the United 
        States Trade Representative and Deputy United States Trade 
        Representatives.
          (2) Section 21 of the Lobbying Disclosure Act of 1995 does 
        not apply to any individual who was serving as the United 
        States Trade Representative or Deputy United States Trade 
        Representative on the effective date of the Act and who 
        continued to serve in that position.
          (3) Charlene Barshefsky was appointed Deputy United States 
        Trade Representative on May 28, 1993, with the advice and 
        consent of the Senate, and was serving in that position on 
        January 1, 1996. Therefore, the amendments made by section 21 
        of the Lobbying Disclosure Act of 1995 do not apply to Charlene 
        Barshefsky in her capacity as Deputy United States Trade 
        Representative.
          (4) In light of the foregoing findings, it is appropriate to 
        continue to waive the provisions of section 141(b)(3) of the 
        Trade Act of 1974 with respect to the appointment of Charlene 
        Barshefsky as the United States Trade Representative.
    (b) Waiver of Section 141(b)(3).--Notwithstanding the provisions of 
paragraph (3) of section 141(b) of the Trade Act of 1974 (19 U.S.C. 
2171(b)(3)) or any other provision of law, the President, acting by and 
with the advice and consent of the Senate, is authorized to appoint 
Charlene Barshefsky as the United States Trade Representative.

                                
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