[Federal Register Volume 79, Number 172 (Friday, September 5, 2014)]
[Notices]
[Pages 53090-53091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21124]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Updated Membership Criteria for the Trade and Environment Policy 
Advisory Committee

AGENCY: Office of the United States Trade Representative.

ACTION: Amendment of Membership Criteria.

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SUMMARY: This notice amends the membership eligibility criteria for the 
Trade and Environment Policy Advisory Committee (TEPAC) pursuant to the 
Revised Guidance on the Appointment of Lobbyists to Federal Advisory 
Committees, Boards and Commissions, published by the Office of 
Management and Budget (OMB) on August 13, 2014. Federally-registered 
lobbyists no longer are prohibited from serving on the TEPAC in a 
representative capacity in light of OMB's recent policy clarification 
that the eligibility restriction does not apply to advisory committee 
members who are specifically appointed to represent the interests of a 
nongovernmental entity, a recognizable group of persons or 
nongovernmental entities (an industry sector, labor unions, 
environmental groups, etc.), or state or local governments. The 
lobbyist prohibition continues to apply to persons serving on advisory 
committees in their individual capacity. All other eligibility criteria 
continue to apply.

DATES: These updated membership criteria are effective immediately.

FOR FURTHER INFORMATION CONTACT: Julia Friedman, Attorney-Advisor for 
the Office of the U.S. Trade Representative's Office of 
Intergovernmental Affairs and Public Engagement, at (202) 395-6120.

SUPPLEMENTARY INFORMATION:

Background

    Section 135 of the Trade Act of 1974, as amended (19 U.S.C. 2155), 
established a trade advisory system to

[[Page 53091]]

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:
    (A) Negotiating objectives and bargaining positions before entering 
into a trade agreement under [title I of the Trade Act of 1974 and 
section 2103 of the Bipartisan Trade Promotion Authority Act of 2002];
    (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)(1) of the 1974 Trade Act provides that: [T]he 
President may establish individual general policy advisory committees 
for industry, labor, agriculture, services, investment, defense, and 
other interests, as appropriate, to provide general policy advice on 
matters referred to in [Section 135(a)]. Such committees shall, insofar 
as is practicable, be representative of all industry, labor, 
agricultural, service, investment, defense, and other interests, 
respectively, including small business interests, and shall be 
organized by the United States Trade Representative and the Secretaries 
of Commerce, Defense, Labor, Agriculture, the Treasury, or other 
executive departments, as appropriate. The members of such committees 
shall be appointed by the United States Trade Representative in 
consultation with such Secretaries.

Functions

    The TEPAC was established through Executive Order No. 12905 of 
March 25, 1994, as amended and extended, to provide the United States 
Trade Representative with policy advice on issues involving trade and 
the environment. The TEPAC meets as needed at the call of the United 
States Trade Representative or his designee depending on various 
factors such as the level of activity of trade negotiations and the 
needs of the United States Trade Representative, or at the call of two-
thirds of the TEPAC members.

Membership

    Members serve without compensation and are responsible for all 
expenses incurred to attend the meetings. TEPAC members are appointed 
by the United States Trade Representative. Appointments are made at the 
chartering of the TEPAC and periodically throughout the two-year 
charter term, which ends on September 30, 2015, unless otherwise 
extended. Members serve at the discretion of the United States Trade 
Representative.
    Members are selected to represent their sponsoring U.S. entity's 
interests on trade and the environment, and thus nominees are 
considered foremost based upon their ability to carry out the goals of 
section 135(c) of the Trade Act of 1974, as amended. Other criteria 
include the nominee's knowledge of and expertise in international trade 
issues as relevant to the work of the TEPAC. While all or almost all 
TEPAC members represent their sponsoring U.S. entities' interests, it 
is possible that the United States Trade Representative may appoint 
members to serve in an individual capacity as subject matter experts. 
Appointments to the TEPAC are made without regard to political 
affiliation with an interest in ensuring balance in terms of sectors, 
demographics, and other factors relevant to the TEPAC's needs.

Membership Criteria

    To be appointed to the TEPAC, the following eligibility criteria 
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. If serving in an individual capacity, the applicant must not be 
a federally-registered lobbyist.
    4. The applicant must not be registered with the U.S. Department of 
Justice under the Foreign Agents Registration Act.
    5. The applicant must be able to obtain and maintain a security 
clearance.
    6. For representative members, who will comprise the overwhelming 
majority of the TEPAC, the applicant must represent a U.S. organization 
whose members (or funders) have a demonstrated interest in issues 
relevant to trade and the environment or have personal experience or 
expertise in trade and the environment.
    For eligibility purposes, a ``U.S. organization'' is an 
organization 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), 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 U.S. 
entities. Additionally, at least 50 percent of the organization's 
annual revenue must be attributable to nongovernmental U.S. sources.
    7. For members who will serve in an individual capacity, the 
applicant must possess subject matter expertise regarding international 
trade and environmental issues.

Applicants who meet the eligibility criteria are considered for 
membership based on the following factors: Ability to represent the 
sponsoring U.S. entity's or U.S. organization's and its subsector's 
interests on trade and environmental matters; knowledge of and 
experience in trade and environmental matters relevant to the work of 
the TEPAC; and ensuring that the TEPAC is balanced in terms of points 
of view, demographics, geography, and entity or organization size.

    Dated: August 29, 2014.
Jewel James,
Assistant U.S. Trade Representative, Intergovernmental Affairs and 
Public Engagement.
[FR Doc. 2014-21124 Filed 9-4-14; 8:45 am]
BILLING CODE 3290-F4-P