(E) Director of the Office of International
Trade.
(b) RESERVATION OF POSITIONS.—Except as pro-
vided in subsection (c) of this section or section 107(b)
of this Act, positions within Tier II may not be filled by
any individual other than—
(1) a certified member of Tier I;
(2) an individual who, immediately before ap-
pointment to or placement in the position involved,
holds a position in Tier II; or
(3) an individual who is able to demonstrate, by
meeting such academic and other requirements as
the Career Council establishes, at least the minimum
level of training and expertise possessed by an indi-
vidual described in paragraph (1) or (2).
(c) WAIVER AUTHORITY.—(1) The appropriate mem-
ber of the Policy Council (as defined in paragraph (3))
may waive the application of subsection (b) with respect
to a position within such member’s agency if, in accord-
ance with guidelines which the Policy Council shall pre-
scribe, such member determines such waiver to be nec-
essary due to the unavailability of any candidate who sat-
isfies such subsection.
(2) Under the guidelines, a waiver under this sub-
section shall remain in effect for no longer than necessary
to permit the appointment of a qualified candidate who
satisfies subsection (b).
(3) For the purpose of this subsection, the appro-
priate member of the Policy Council for the trade-related
agency under subparagraph (A), (B), (C), (D), (E), or (F)
of section 101(a)(1), is the member specified in the cor-
responding subparagraph of section 105(a)(1).
SEC. 105. THE COUNCILS.
(a) IN GENERAL.—In order to carry out this Act,
there shall be established—
(1) a Policy Trade Service Interagency Council,
which shall consist of—
(A) the United States Trade Representa-
tive (or the Trade Representative’s delegate);
(B) the Secretary of State (or the Sec-
retary’s delegate);
(C) the Secretary of Commerce (or the
Secretary’s delegate);
(D) the Secretary of Agriculture (or the
Secretary’s delegate);
(E) the Secretary of Labor (or the Sec-
retary’s delegate); and
(F) the Secretary of the Treasury (or the
Secretary’s delegate); and
(2) a Career Trade Service Interagency Council,
consisting of 6 members, who shall be appointed in
accordance with subsection (b).
(b) APPOINTMENTS TO THE CAREER COUNCIL.—(1)
Each member of the Policy Council shall appoint 1 mem-
ber of the Career Council.
(2) Only members of the Corps shall be eligible to
serve on the Career Council.
(3) A vacancy in the Career Council shall be filled
in the manner in which the original appointment was
made.
(4) The term of appointment for a member of the
Career Council shall be 1 year, except that any individual
appointed to fill a vacancy occurring prior to the expira-
tion of the term for which such member’s predecessor was
appointed may serve only for the remainder of such term,
subject to paragraph (5).
(5) A member may serve after the expiration of such
member’s term until a successor has taken office.
(6) Nothing in this subsection shall prevent an indi-
vidual from being appointed to the Career Council more
than once.
(c) PAY.—Members of the Policy Council and mem-
bers of the Career Council shall receive no additional pay
on account of their service on the Policy Council or the
Career Council, as the case may be.
SEC. 106. RIGHTS OF FORMER MEMBERS.
Any individual who is involuntarily separated from
the Corps (except for failure to be recertified under 103(f)
or otherwise for cause) shall—
(1) consistent with otherwise applicable provi-
sions of law, and upon appropriate application, be
restored at the earliest date possible to such individ-
ual’s former position or another position in the
Corps which is commensurate with the individual’s
training and background; and
(2) for purposes of any determination of eligi-
bility for a position within Tier II, continue to be
treated, during the 12-month period beginning on
the date of separation, as a certified member of Tier
I.
SEC. 107. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), this title shall take effect on the first day of the first
fiscal year beginning after the date of the enactment of
this Act.
(b) EXCEPTIONS.—(1) The provisions of sections
104(b) (relating to eligibility for appointment to a position
within Tier II) and 105(b)(2) (relating to eligibility for
appointment as a member of the Career Council) shall
apply with respect to appointments taking effect after the
end of the 5-year period beginning on the effective date
of this title.
(2) Any individual who, immediately before the end
of the 5-year period referred to in paragraph (1), holds
a position which is to become a part of Tier II, shall not
be eligible to continue in such position after the end of
such period—
(A) unless such individual is determined, within
the last year of such 5-year period, to satisfy criteria
which the Career Council shall establish, consistent
with those under section 104(b)(3); or
(B) except if, or for so long as, a waiver re-
mains in effect with respect to such position under
section 104(c).
TITLE II—THE TRADE SERVICE
INSTITUTE
SEC. 201. ESTABLISHMENT.
The Policy Council shall establish a Trade Service In-
stitute in order to furnish training and instruction—
(1) to candidates for Tier I;
(2) to members of the Corps; and
(3) to such other Government employees as may
be appropriate.
SEC. 202. DIRECTOR OF THE TRADE SERVICE INSTITUTE.
(a) APPOINTMENT.—(1) The head of the Institute,
who shall be known as the Director of the Trade Service
Institute, shall be appointed by the Policy Council from
among individuals recommended by the Career Council.
(2) The Director shall be appointed for a term of 2
years, which shall be renewable.
(b) DUTIES.—The Director shall, in accordance with
section 103(b) and other applicable provisions of this
Act—
(1) establish the basic procedures to be followed
by the Institute;
(2) plan and provide for the general nature of
the training and instruction to be furnished by the
Institute;
(3) correlate the training and instruction to be
furnished by the Institute with training activities
otherwise available through Government facilities or
other sources;
(4) encourage and foster programs outside of
the Institute that will complement those furnished
by the Institute; and
(5) take any other action which may be nec-
essary for the proper administration of the Institute.
SEC. 203. STAFF.
(a) IN GENERAL.—The Director may appoint such
faculty or other staff of the Institute as the Director con-
siders necessary to carry out its purposes.
(b) APPLICABILITY OF CIVIL SERVICE LAWS.—The
faculty and other staff of the Institute shall be appointed
subject to the provisions of title 5, United States Code,
governing appointments in the competitive service, and
shall be paid in accordance with the provisions of chapter
51 and subchapter III of chapter 53 of such title relating
to classification and General Schedule pay rates, and such
other related provisions of law as may apply.
(c) CRITERIA.—All appointments under this section
shall be made without regard to political affiliation and
shall be made solely on the basis of demonstrated interest
in, and capacity to promote, the purposes of the Institute.
(d) DETAILS.—Upon request of the Director, the
head of any Government agency may detail, on a reim-
bursable or nonreimbursable basis, any of the personnel
of such agency to the Institute to assist it in carrying out
its duties under this Act.
SEC. 204. ACQUISITION OF PROPERTY.
(a) IN GENERAL.—The Director may, in the name
of the United States, acquire such real property, and such
other property and equipment, as may be necessary for
the operation and maintenance of the Institute.
(b) LIMITATION.—Authority under subsection (a)
shall be effective only to such extent or in such amounts
as are provided in advance in appropriation Acts.
SEC. 205. SERVICE AGREEMENTS.
(a) IN GENERAL.—A Government employee (other
than one under section 201(3)) accepted for instruction
or training at the Institute shall agree in writing with the
Government, before commencement of such instruction or
training, that such employee will—
(1) remain in the service of the Government
after the end of the period of instruction or training
for a period equal to at least 3 times the length of
the period of instruction or training, as the case may
be; and
(2) pay to the Government the amount of the
expenses incurred by the Government in connection
with providing such instruction or training to such
employee if such employee is voluntarily separated
from Government service before the end of the pe-
riod for which such employee has agreed to remain
in Government service.
(b) RIGHT OF RECOVERY.—If an employee becomes
liable to the Government under subsection (a), but fails
to fulfill such employee’s obligation to pay, a sum equal
to the amount for which such employee is so liable shall
be recoverable by the Government from the employee or
the employee’s estate by—
(1) setoff against accrued pay, compensation,
amount of retirement credit, or other amount due
the employee from the Government; and
(2) such other method as is provided by law for
the recovery of amounts owing to the Government.
The head of the agency concerned may waive, in whole
or in part, a right of recovery under this subsection if it
is shown that recovery would be against equity and good
conscience or against the public interest.
TITLE III—POSTEMPLOYMENT
RESTRICTIONS
SEC. 301. POSTEMPLOYMENT RESTRICTIONS.
Section 207(f) of title 18, United States Code, is
amended to read as follows:
‘‘(f) RESTRICTIONS RELATING TO FOREIGN ENTI-
TIES.—
‘‘(1) PERSONS
SUBJECT
TO
SUBSECTION
(C),
(D), OR (E).—Any person who is subject to the re-
strictions contained in subsection (c), (d), or (e)
(other than a person under paragraph (2)) and who
knowingly, within 8 years after leaving the position,
office, or employment referred to in such sub-
section—
‘‘(A) represents a foreign entity before any
officer or employee of any department or agen-
cy of the United States with the intent to influ-
ence a decision of such officer or employee in
carrying out his or her official duties, or
‘‘(B) aids or advises a foreign entity with
the intent to influence a decision of any officer
or employee of any department or agency of the
United States, in carrying out his or her official
duties,
shall be punished as provided in section 216 of this
title.
‘‘(2) FORMER MEMBERS OF THE PROFESSIONAL
TRADE SERVICE CORPS.—Any person who is a mem-
ber of the Professional Trade Service Corps and who
knowingly, within 8 years after ceasing to be such
a member—
‘‘(A) represents a foreign entity before any
officer or employee of any department or agen-
cy of the United States with the intent to influ-
ence a decision of such officer or employee in
carrying out his or her official duties, or
‘‘(B) aids or advises a foreign entity with
the intent to influence a decision of any officer
or employee of any department or agency of the
United States, in carrying out his or her official
duties,
shall be punished as provided in section 216 of this
title.
‘‘(3) DEFINITIONS.—For purposes of this sub-
section—
‘‘(A) the term ‘foreign entity’ means the
government of a foreign country as defined in
section 1(e) of the Foreign Agents Registration
Act of 1938, as amended, or a foreign political
party as defined in section 1(f) of that Act; and
‘‘(B) the term ‘member of the Professional
Trade Service Corps’ means a ‘member of the
Corps’, as defined by section 101(a)(6) of the
Professional Trade Service Corps Act.’’.
SEC. 302. EFFECTIVE DATE.
(a) IN GENERAL.—Subject to subsection (b), this
title and the amendments made by this title shall take ef-
fect as of the effective date of title I.
(b) EXCEPTION.—(1) The amendments made by this
title shall not, except as provided in paragraph (2), apply
to a person whose service as a Government employee to
which such amendments apply terminated before the effec-
tive date of such amendments.
(2) Paragraph (1) shall not preclude the application
of the amendments made by this title to a person with
respect to service as a Government employee by that per-
son on or after the effective date of such amendments.
Æ
HR 1567 IH——2