I 
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 Representa-
tives 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 en-
forcement of worker rights provisions in trade agreements 
to which the United States is a party and in trade pref-
erence programs. 
SEC. 2. ESTABLISHMENT. 
(a) IN GENERAL.—There is established the Trade 
Agreement Enforcement Commission (in this Act referred 
to as the ‘‘Commission’’). 
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(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 Com-
mittee on Education and Labor and the chair-
man of the Committee on Ways and Means. 
(B) Three members shall be appointed by 
the minority leader of the House of Representa-
tives, 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 con-
sulting 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 con-
sulting with the ranking member of the Com-
mittee on Health, Education, Labor, and Pen-
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sions and the ranking member of the Com-
mittee 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 appoint-
ments 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 ex-
piring on December 31, 2009; 
(ii) 1 appointment shall be for a term ex-
piring on December 31, 2010; and 
(iii) 1 appointment shall be for a term ex-
piring on December 31, 2011. 
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(C) The President shall make the initial ap-
pointment 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 Decem-
ber 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 Com-
mission 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 ap-
pointed 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 
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rights, for the purpose of monitoring and inves-
tigating worker rights in those countries; or 
(D) taking such other actions as the Com-
mission 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 enforce-
ment by the trading partners of the United States of work-
er 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 sub-
section (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. 
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SEC. 4. POWERS. 
(a) HEARINGS.—The Commission or, at its direction, 
any panel or member of the Commission, may, for the pur-
pose of carrying out the provisions of this Act, hold hear-
ings, sit and act at times and places, take testimony, re-
ceive 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 Com-
mission 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 Commis-
sion. 
(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 mem-
ber 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) 
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during which such member is engaged in the per-
formance of the duties of the Commission. 
(2) TRAVEL EXPENSES.—The members of the 
Commission shall be allowed travel expenses, includ-
ing per diem in lieu of subsistence, at rates author-
ized 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 termi-
nate an executive director and such other addi-
tional personnel as may be necessary to enable 
the Commission to perform its duties. The em-
ployment of an executive director shall be sub-
ject to confirmation by the Commission. 
(B) COMPENSATION.—The Chairperson of 
the Commission may fix the compensation of 
the executive director and other personnel with-
out regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of title 5, United 
States Code, relating to classification of posi-
tions and General Schedule pay rates, except 
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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 INTER-
MITTENT SERVICES.—The Chairperson of the Com-
mission 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
PUR-
POSES.—Foreign travel for official purposes by 
members and staff of the Commission may be au-
thorized by either the Chairperson or the Vice Chair-
person of the Commission. 
(7) APPLICABILITY OF CERTAIN PAY AUTHORI-
TIES.—An individual who is a member of the Com-
mission and is an annuitant or otherwise covered by 
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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 mem-
bership. 
(e) SUPPORT SERVICES.—The Administrator of the 
General Services Administration shall provide to the Com-
mission on a reimbursable basis such administrative sup-
port services as the Commission may request. 
(f) FEDERAL ADVISORY COMMITTEE ACT.—The pro-
visions 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 agree-
ment between the United States and the trad-
ing 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, 
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as the case may be. 
(2) TRADE PREFERENCE PROGRAM.—The term 
‘‘trade preference program’’ means a program estab-
lished under the laws of the United States that pro-
vides trade preferences to countries that meet eligi-
bility requirements set forth in the applicable law, 
including title V of the Trade Act of 1974, the 
Carribean Basin Economic Recovery Act, the Afri-
can 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 pro-
viding for the reduction of tariff and nontariff 
barriers between the two countries; and 
(B) any country that is a beneficiary coun-
try under a trade preference program. 
SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Com-
mission for fiscal year 2009 and each fiscal year thereafter 
such sums as may be necessary to carry out this Act. 
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