[Federal Register Volume 79, Number 168 (Friday, August 29, 2014)]
[Notices]
[Pages 51552-51554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20642]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration


Request for Nominations for the Industry Trade Advisory 
Committees (ITACs); Amendment

AGENCY: Industry and Analysis, International Trade Administration.

ACTION: Request for Nominations; Amendment.

-----------------------------------------------------------------------

SUMMARY: This notice amends the Department of Commerce, International 
Trade Administration Request for Nominations for the Industry Trade 
Advisory Committees (ITACs) of February 24, 2014 (79 FR 10099) to 
revise the eligibility criteria to permit federally-registered 
lobbyists to apply for membership on the ITACs. The Department of 
Commerce and the Office of the U.S. Trade Representative no longer 
maintain an eligibility restriction prohibiting federally-registered 
lobbyists from applying for appointment on the ITACs in light of a 
recent policy clarification that the eligibility restriction does not 
apply to advisory committee members who serve in a representative 
capacity. The Secretary of Commerce (the Secretary) and the United 
States Trade Representative (the USTR) will now consider nominations of 
federally-registered lobbyists for appointment on the 16 ITACs. All 
other eligibility criteria continue to apply. The full notice is 
republished in its entirety below for convenience.
    In February 2014, the Secretary of Commerce (the Secretary) and the 
United States Trade Representative (the USTR) renewed the charters of 
the 16 Industry Trade Advisory Committees (ITACs) and the Committee of 
Chairs of the ITACs for a four-year term to expire on February 14, 
2018. The ITACs provide detailed policy and technical advice, 
information, and recommendations to the Secretary and the USTR 
regarding trade barriers, negotiation of trade agreements, and 
implementation of existing trade agreements affecting industry sectors; 
and perform other advisory functions relevant to U.S. trade policy 
matters as may be requested by the Secretary and the USTR or their 
designees.
    There are currently opportunities for membership on each ITAC. 
Nominations will be accepted for current vacancies and those that occur 
throughout the remainder of the charter term, which expires on February 
14, 2018.

DATES: Appointments will be made on a rolling basis. For that reason, 
nominations will be accepted through February 14, 2018.

ADDRESSES: Submit nominations to Ingrid V. Mitchem, Director, Industry 
Trade Advisory Center, U.S. Department of Commerce, 14th and 
Constitution Avenue NW., Room 4043, Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: Ingrid V. Mitchem, Director, Industry 
Trade Advisory Center, (202) 482-3268.
    Recruitment information also is available on the International 
Trade Administration Web site at: www.trade.gov/itac.

SUPPLEMENTARY INFORMATION: Pursuant to the Federal Advisory Committee 
Act, as amended (5 U.S.C. App.) and section 135 of the Trade Act of 
1974, as amended (19 U.S.C. 2155), the Secretary and the USTR have 
renewed the charters of 16 ITACs and the Committee of Chairs of the 
ITACs. The Secretary and the USTR welcome nominations for the ITACs 
listed below:
    Industry Trade Advisory Committees on:

(ITAC 1) Aerospace Equipment
(ITAC 2) Automotive Equipment and Capital Goods
(ITAC 3) Chemicals, Pharmaceuticals, Health/Science Products and 
Services
(ITAC 4) Consumer Goods
(ITAC 5) Distribution Services
(ITAC 6) Energy and Energy Services
(ITAC 7) Forest Products
(ITAC 8) Information and Communications Technologies, Services, and 
Electronic Commerce
(ITAC 9) Building Materials, Construction, and Nonferrous Metals
(ITAC 10) Services and Finance Industries
(ITAC 11) Small and Minority Business
(ITAC 12) Steel
(ITAC 13) Textiles and Clothing
(ITAC 14) Customs Matters and Trade Facilitation
(ITAC 15) Intellectual Property Rights
(ITAC 16) Standards and Technical Trade Barriers

Background

    Section 135 of the Trade Act of 1974, as amended (19 U.S.C. 2155), 
directed the establishment of a private-sector trade advisory system to 
ensure that U.S. trade policy and trade negotiation objectives 
adequately reflect U.S. commercial and economic interests. Section 
135(a)(1) directs the President to:

``seek information and advice from representative elements of the 
private sector and the non-Federal governmental sector with respect 
to--

[[Page 51553]]

    (A) Negotiating objectives and bargaining positions before 
entering into a trade agreement under [Subchapter I of the Trade Act 
of 1974 (19 U.S.C. 2111-2241) and section 2103 of the Bipartisan 
Trade Promotion Authority Act of 2002 (19 U.S.C. 3803)];
    (B) The operation of any trade agreement once entered into, 
including preparation for dispute settlement panel proceedings to 
which the United States is a party; and
    (C) Other matters arising in connection with the development, 
implementation, and administration of the trade policy of the United 
States . . .''

Section 135(c)(2) of the 1974 Trade Act provides that:

``(2) The President shall establish such sectoral or functional 
advisory committees as may be appropriate. Such committees shall, 
insofar as is practicable, be representative of all industry, labor, 
agricultural, or service interests (including small business 
interests) in the sector or functional areas concerned. In 
organizing such committees, the United States Trade Representative 
and the Secretaries of Commerce, Labor, Agriculture, the Treasury, 
or other executive departments, as appropriate, shall--
    (A) Consult with interested private organizations; and
    (B) Take into account such factors as--
    (i) Patterns of actual and potential competition between United 
States industry and agriculture and foreign enterprise in 
international trade,
    (ii) The character of the nontariff barriers and other 
distortions affecting such competition,
    (iii) The necessity for reasonable limits on the number of such 
advisory committees,
    (iv) The necessity that each committee be reasonably limited in 
size, and
    (v) In the case of each sectoral committee, that the product 
lines covered by each committee be reasonably related.''

Pursuant to this provision, the Department of Commerce (Commerce) and 
the Office of the USTR (USTR) have established and co-administer 16 
ITACs, the Committee of Chairs of the ITACs, and the Industry Trade 
Advisory Center.

Functions

    The duties of the ITACs are to provide the President, through the 
Secretary and the USTR, with detailed policy and technical advice, 
information, and recommendations regarding trade barriers, negotiation 
of trade agreements, and implementation of existing trade agreements 
affecting industry sectors; and perform other advisory functions 
relevant to U.S. trade policy matters as may be requested by the 
Secretary and the USTR or their designees. The ITACs provide 
nonpartisan, industry input in the development of trade policy 
objectives. The ITACs' efforts have assisted the United States in 
putting forward unified positions when it negotiates trade agreements.
    The ITACs address market-access problems; barriers to trade; tariff 
levels; discriminatory foreign procurement practices; and information, 
marketing, and advocacy needs of their industry sector. Thirteen ITACs 
provide advice and information on issues that affect specific sectors 
of U.S. industry. Three ITACs focus on cross-cutting, functional issues 
that affect all industry sectors: Customs matters and trade 
facilitation (ITAC 14); intellectual property rights (ITAC 15); and 
standards and technical trade barriers (ITAC 16). In addition to 
members appointed exclusively to these three ITACs, ITACs 1-13 each may 
select a member to represent their ITAC as a non-voting member on each 
of these three cross-cutting ITACs so that a broad range of industry 
perspectives is represented. Other trade policy issues, e.g., 
government procurement, subsidies, etc., may be addressed in ad hoc 
working groups created by the ITACs.
    Each ITAC meets an average of six times a year in Washington, DC. 
Some ITACS meet more often depending on the work of a particular 
committee.
    Each Committee consists of members with experience relevant to the 
industry sector for ITACs 1 through 13 or the subject area for ITACs 14 
through 16. The members serve in a representative capacity presenting 
the views and interests of a sponsoring U.S. entity or U.S. 
organization and the entity's or organization's subsector (if 
applicable) on trade matters. In selecting members, Commerce and USTR 
also consider the nominee's ability to carry out the objectives of the 
Committee, including knowledge and expertise of the industry and of 
trade matters relevant to the work of the Committee, and ensuring that 
the Committee is balanced in terms of points of view, demographics, 
geography, and entity or organization size. Because members serve in a 
representative capacity, they are, therefore, not Special Government 
Employees. Members serve at the discretion of the Secretary and the 
USTR.
    Members serve without compensation and are responsible for all 
expenses incurred to attend the meetings. ITAC members are appointed 
jointly by the Secretary and the USTR. Each ITAC elects a chairperson 
from the membership of the ITAC, and that chairperson serves on the 
Committee of Chairs of the ITACs.
    Appointments are made following the re-chartering of each ITAC and 
periodically throughout the four-year charter term. Appointments expire 
at the end of the ITACs' charter terms, in this case, on February 14, 
2018.
    Appointments to all ITACs are made without regard to political 
affiliation.

Eligibility and Application Process

    The following eligibility requirements must be met:
    1. The applicant must be a U.S. citizen;
    2. The applicant must not be a full-time employee of a U.S. 
governmental entity;
    3. The applicant must not be registered with the Department of 
Justice under the Foreign Agents Registration Act;
    4. The applicant must be able to obtain and maintain a security 
clearance; and
    5. The applicant must represent either:
    a. A U.S. entity that is directly engaged in the import or export 
of goods or services or that provides services in direct support of the 
international trading activities of other entities; or
    b. A U.S. organization that: Trades internationally; represents 
members that trade internationally; or, consistent with the needs of a 
Committee as determined by the Secretary and the USTR, represents 
members who have a demonstrated interest in international trade.
    For eligibility purposes, a ``U.S. entity'' is a for-profit firm 
engaged in commercial, industrial, or professional activities that is 
incorporated in the United States (or an unincorporated U.S. firm with 
its principal place of business in the United States) that is 
controlled by U.S. citizens or by other U.S. entities. An entity is not 
a U.S. entity if 50 percent plus one share of its stock (if a 
corporation, or a similar ownership interest of an unincorporated 
entity) is known to be controlled, directly or indirectly, by non-U.S. 
citizens or non-U.S. entities.
    For eligibility purposes, a ``U.S. organization'' is an 
organization, including trade associations, labor unions and 
organizations, and nongovernmental organizations (NGOs), established 
under the laws of the United States, that is controlled by U.S. 
citizens, by another U.S. organization (or organizations), or by a U.S. 
entity (or entities), as determined based on its board of directors (or 
comparable governing body), membership, and funding sources, as 
applicable. To qualify as a U.S. organization, more than 50 percent of 
the board of directors (or comparable governing body) and more than 50 
percent of the membership of the organization to be represented must be 
U.S. citizens, U.S. organizations, or

[[Page 51554]]

U.S. entities. Additionally, in order for NGOs to qualify as U.S. 
organizations, at least 50 percent of the NGO's annual revenue must be 
attributable to nongovernmental U.S. sources.
    If a nominee is to represent an entity or organization known to 
have 10 percent or greater non-U.S. ownership of its shares or equity, 
non-U.S. board members, non-U.S. membership, or non-U.S. funding 
sources, as applicable, the nominee must certify in its statement 
affirming its eligibility that this non-U.S. interest does not 
constitute control and will not adversely affect his or her ability to 
serve as a trade advisor to the United States.
    Historically, the Secretary and the USTR have appointed a 
representative of the public health or health care community to each of 
ITACs 3 and 15, and an environmental representative to each of ITACs 3 
and 7. The Secretary and the USTR will continue to consider nominations 
for representatives of such viewpoints to those ITACs.
    In order to be considered for ITAC membership, a nominee should 
submit:
    (1) Name, title, and relevant contact information of the individual 
requesting consideration;
    (2) The ITAC for which the individual is applying for appointment;
    (3) A sponsor letter on the entity's or organization's letterhead 
containing a brief description of why the applicant should be 
considered for membership on the ITAC;
    (4) The applicant's personal resume demonstrating knowledge of 
international trade issues;
    (5) An affirmative statement that the applicant meets all ITAC 
eligibility requirements; and
    (6) Information regarding the sponsoring entity, including the 
control of the entity or organization to be represented and the 
entity's or organization's size and ownership, product or service line, 
and trade activities.
    Submit applications to Ingrid V. Mitchem, Director, Industry Trade 
Advisory Center, U.S. Department of Commerce, 14th and Constitution 
Avenue NW., Room 4043, Washington, DC 20230.
    Additional requirements exist for nominations of consultants and 
legal advisors. The specific requirements will vary depending on the 
nature of the entity or organization and interests to be represented. 
Interested consultants and legal advisors should contact the Industry 
Trade Advisory Center or consult the International Trade Administration 
Web site at: www.trade.gov/itac for additional information on the 
submission requirements.
    Applicants that meet the eligibility criteria will be considered 
for membership based on the following criteria: The applicant's ability 
to represent the sponsoring U.S. entity's or U.S. organization's and 
the entity's or organization's subsector's (if applicable) interests on 
trade matters; the applicant's ability to carry out the objectives of 
the particular ITAC (including knowledge and expertise of the industry 
and of trade matters relevant to the work of the ITAC); and whether the 
applicant's participation would ensure that the ITAC is balanced in 
terms of points of view, demographics, geography, and entity or 
organization size.
    This notice is issued pursuant to the Federal Advisory Committee 
Act (5 U.S.C., app. 2), 19 U.S.C. 2155, and 41 CFR part 102-3 relating 
to advisory committees.

    Dated: August 26, 2014.
Ingrid V. Mitchem,
Director, Industry Trade Advisory Center.
[FR Doc. 2014-20642 Filed 8-28-14; 8:45 am]
BILLING CODE P