I
103D CONGRESS
1ST SESSION
H. R. 1226
To provide for the establishment of a Professional Trade Service Corps,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 4, 1993
Ms. KAPTUR introduced the following bill; which was referred jointly to the
Committees on Ways and Means, Post Office and Civil Service, and the
Judiciary
A BILL
To provide for the establishment of a Professional Trade
Service Corps, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(A) SHORT TITLE.—This Act may be cited as the
‘‘Professional Trade Service Corps Act’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
TABLE OF CONTENTS
Sec. 1. Short title; table of contents.
TITLE I—THE PROFESSIONAL TRADE SERVICE CORPS
Sec. 101. Definitions; references.
Sec. 102. Establishment.
Sec. 103. Tier I.
Sec. 104. Tier II.
Sec. 105. The Councils.
Sec. 106. Rights of former members.
Sec. 107. Effective date.
TITLE II—THE TRADE SERVICE INSTITUTE
Sec. 201. Establishment.
Sec. 202. Director of the Trade Service Institute.
Sec. 203. Staff.
Sec. 204. Acquisition of property.
Sec. 205. Service agreements.
TITLE III—POSTEMPLOYMENT RESTRICTIONS
Sec. 301. Postemployment restrictions.
Sec. 302. Effective date.
TITLE I—THE PROFESSIONAL
TRADE SERVICE CORPS
SEC. 101. DEFINITIONS; REFERENCES.
(a) DEFINITIONS.—For the purpose of this Act—
(1) the term ‘‘trade-related agency’’ means—
(A) the Office of the United States Trade
Representative;
(B) each office or other unit within the
Department of State under the Under Sec-
retary for Economic and Agricultural Affairs;
(C) the Department of Commerce, exclud-
ing the Bureau of the Census;
(D) the Foreign Agricultural Service of the
Department of Agriculture;
(E) the Bureau of International Labor Af-
fairs of the Department of Labor; and
(F) each office or other unit within the De-
partment of the Treasury under—
(i) the Deputy Assistant Secretary for
Trade and Investment Policy; or
(ii) the Deputy Assistant Secretary
for Regulatory, Tariff and Trade Enforce-
ment;
(2) the term ‘‘Corps’’ means the Professional
Trade Service Corps, as established under this title;
(3) the term ‘‘Tier I’’ means Tier I of the
Corps, as described in section 103;
(4) the term ‘‘Tier II’’ means Tier II of the
Corps, as described in section 104;
(5) the term ‘‘certified member of Tier I’’
means an employee in a position, in grade GS–12
(or a higher grade) of the General Schedule, within
a trade-related agency, who—
(A) has received certification under section
103(d); and
(B) has not had such certification termi-
nated under section 103(f) or otherwise;
(6) the term ‘‘member of the Corps’’ means any
individual who—
(A) is a certified member of Tier I; or
(B) holds a position in Tier II (excluding
any individual under subparagraph (A));
(7) the term ‘‘Institute’’ means the Trade Serv-
ice Institute, as described in title II;
(8) the term ‘‘Policy Council’’ means the Policy
Trade Service Interagency Council referred to in sec-
tion 105(a)(1);
(9) the term ‘‘Career Council’’ means the Ca-
reer Trade Service Interagency Council referred to
in section 105(a)(2);
(10) the term ‘‘Government’’ means the United
States Government; and
(11) the term ‘‘Director of the Institute’’ or
‘‘Director’’ means the Director of the Trade Service
Institute under section 202.
(b) REFERENCES.—A reference in this Act to—
(1) a position in grade GS–13, 14, or 15 of the
General Schedule shall be considered to include a
position subject to chapter 54 of title 5, United
States Code (relating to the performance manage-
ment and recognition system), or a comparable sys-
tem; and
(2) a grade of the General Schedule shall, with
respect to the trade-related agency under section
101(a)(1)(B), be considered to be a reference to the
corresponding grade of the Foreign Service Sched-
ule, as determined under regulations prescribed by
the member of the Policy Council under section
105(a)(1)(B).
SEC. 102. ESTABLISHMENT.
(a) IN GENERAL.—There shall be established within
the trade-related agencies a Professional Trade Service
Corps, which shall consist of 2 tiers as described in sec-
tions 103 and 104, respectively.
(b) REGULATIONS.—The Career Council shall, in ac-
cordance with applicable provisions of this title, prescribe
regulations relating to any procedures, criteria, or other
matters (excluding any matter as to which any other en-
tity or individual is permitted or required to prescribe reg-
ulations under this title) which may be necessary to carry
out this title.
SEC. 103. TIER I.
(a) ELIGIBILITY.—To be eligible to become a can-
didate for Tier I, an individual must, as of the time of
application—
(1) hold a position, in a trade-related agency, in
grade GS–12, 13, 14, or 15 of the General Schedule;
(2) have, in the aggregate, at least—
(A) 2 years of service in 1 or more of the
trade-related agencies;
(B) 2 years of comparable experience, as a
Government employee, outside of the trade-re-
lated agencies; or
(C) any combination of service or experi-
ence, as described in subparagraphs (A) and
(B), respectively, totalling at least 2 years; and
(3) demonstrate—
(A) substantive knowledge of trade policy
or trade negotiations;
(B) aptitude for analytical thinking;
(C) effective written and oral communica-
tion skills; and
(D) familiarity, ability, and willingness to
work with the private sector, the Congress,
Government agencies, and the press.
(b) ACADEMIC REQUIREMENTS.—(1) Any individual
who is accepted as a candidate for Tier I shall be required
to pursue, concurrent with service in such individual’s reg-
ular position in a trade-related agency or while fulfilling
the rotational requirement under subsection (c), a com-
prehensive program of study at the Institute.
(2) The purpose of the program of study shall be to
ensure that members of the Corps are well-informed with
respect to current trends as well as the history of trade
negotiations, aware of the economic and political consider-
ations relevant to trade negotiations, knowledgeable of the
affairs, cultures, and languages of other countries, and
otherwise well prepared to represent the interests of the
United States in trade negotiations, or to carry out Gov-
ernment functions relating thereto.
(3) To carry out the purpose described in paragraph
(2), the Director of the Institute, in consultation with the
Career Council and the Policy Council, shall develop the
course requirements for candidates for Tier I. At a mini-
mum, the program shall include courses relating to—
(A) the history of, and current trends in, trade
negotiations of the United States;
(B) trade-negotiation strategies;
(C) the economics and politics of trade;
(D) cultural and business practices of countries
with which the United States has significant trade
relations;
(E) foreign languages; and
(F) operations within and interrelationships
among the various trade-related agencies.
(c) ROTATIONAL REQUIREMENT.—(1) In order to af-
ford the opportunity to acquire direct experience relating
to the matter described in subsection (b)(3)(F) and other-
wise develop the qualities referred to in subsection
(a)(3)(D), candidates for Tier I shall be required to com-
plete at least 1 tour of duty either—
(A) by detail or temporary reassignment, as the
case may be, to—
(i) a position within another trade-related
agency; or
(ii) a Government position outside of the
trade-related agencies; or
(B) by temporary assignment to a position out-
side the Government.
(2) Selections under this subsection shall, to the max-
imum extent practicable, take into account the interests
and abilities of the individual involved, as well as the needs
of the Government.
(3) A tour of duty under this subsection shall last
at least 12 months.
(4)(A) The provisions of section 3373 of title 5, Unit-
ed States Code, relating to the continuation of level of pay,
benefits, and status, shall apply with respect to any em-
ployee assigned to a position outside the Government, pur-
suant to paragraph (1)(B), in the same way as if it were
a position to which such provisions would otherwise apply.
(B) The Office of Personnel Management shall pre-
scribe any regulations necessary to carry out this para-
graph.
(d) CERTIFICATION.—To become a certified member
of Tier I, an individual must—
(1) successfully complete the academic require-
ments under subsection (b) in accordance with such
timetable as the Director shall establish (such time-
table to permit such longer periods of time as the
Director may consider necessary based on an indi-
vidual’s grade level at time of entry and other rel-
evant factors);
(2) successfully complete the rotational require-
ment under subsection (c) within such time as the
Director may require; and
(3) receive performance evaluations indicating
at least a fully successful level of competence
throughout the period while completing the require-
ments of the program.
(e) RIGHTS BASED ON CERTIFICATION.—A certified
member of Tier I—
(1) may be appointed to a position in Tier II,
if otherwise qualified for such position;
(2) shall be eligible for advanced courses and
continuing education through the Institute; and
(3) shall be eligible for such other forms of
training (including preferential consideration, con-
sistent with otherwise applicable provisions of law,
for additional rotations) as the trade-related agen-
cies may provide, in accordance with guidelines es-
tablished by the Policy Council.
(f) PERIODIC RECERTIFICATION.—(1) In order to en-
sure that certified members of Tier I maintain the level
of excellence necessary to carry out the purposes of this
Act, each such member shall be subject to such periodic
recertification requirements as the Career Council shall by
regulation prescribe.
(2) Paragraph (1) shall not apply with respect to any
individual holding a position within Tier II.
SEC. 104. TIER II.
(a) IN GENERAL.—Tier II shall consist of the follow-
ing positions:
(1) Within the trade-related agency described in
section 101(a)(1)(A):
(A) 1 of the Deputy United States Trade
Representative positions (as designated by the
United States Trade Representative).
(B) Assistant United States Trade Rep-
resentative.
(C) Deputy Assistant United States Trade
Representative.
(D) Deputy General Counsel.
(E) Associate General Counsel.
(2) Within the trade-related agency described in
section 101(a)(1)(B):
(A) Deputy Assistant Secretaries under the
Under Secretary of State for Economic and Ag-
ricultural Affairs.
(3) Within the trade-related agencies described
in section 101(a)(1)(C):
(A) Deputy Assistant Secretaries.
(B) Office Directors.
(4) Within the trade-related agency described in
section 101(a)(1)(D):
(A) Associate Administrator for Trade Pol-
icy and Agricultural Affairs.
(B) Assistant Administrator for Foreign
Agricultural Affairs.
(C) Deputy Assistant Administrator.
(D) Area Officer Positions.
(5) Within the trade-related agency described in
section 101(a)(1)(E):
(A) Deputy Under Secretary.
(B) Associate Deputy Under Secretary.
(C) Office Directors.
(6) Within the trade-related agency described in
section 101(a)(1)(F):
(A) Deputy Assistant Secretary for Regu-
latory, Tariff and Trade Enforcement.
(B) Director, Office of Trade and Tariff
Affairs.
(C) Deputy Assistant Secretary for Trade
and Investment Policy.
(D) Director of the Office of International
Investment.
(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 102(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 and the amendments made by this title shall
take effect on the first day of the first fiscal year begin-
ning after the date of 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 (as specified in subsection (a)).
(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 12-month period preceding the date marking the
end 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 individual 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 any 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 at the
Institute;
(3) correlate the training and instruction to be
furnished at the Institute with training activities
otherwise available through Government facilities or
other sources;
(4) encourage and foster such programs outside
of the Institute as will be complementary to those of
the Institute; and
(5) take such other action as may be required
for the proper administration of the Institute.
SEC. 203. STAFF.
(a) IN GENERAL.—The Director may appoint to the
faculty or other staff of the Institute such personnel as
the Director considers 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 is authorized to detail,
on a reimbursable 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
PROFES-
SIONAL TRADE SERVICE CORPS.—Any person who
is a member 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 (as specified in section
107(a)).
(b) EXCEPTION.—(1) The amendments made by this
title do 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) does 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 1226 IH——2
HR 1226 IH——3
HR 1226 IH——4