To assess the impact of the North American Free Trade Agreement and the entry of the People's Republic of China into the World Trade Organization on American jobs, the environment, and worker rights.

February 13, 2003

Ms. SLAUGHTER introduced the following bill; which was referred to the Committee on Ways and Means

To assess the impact of the North American Free Trade Agreement and the entry of the People's Republic of China into the World Trade Organization on American jobs, the environment, and worker rights.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Trade Accountability Study Act'.

SEC. 2. TRADE IMPACT COMMISSION.

(a) ESTABLISHMENT- There is established the `Trade Impact Review Commission' (in this Act referred to as the `Commission').

(b) DUTIES- The Commission shall--

(1) determine--

(A) the extent to which exports of goods of the United States to NAFTA countries, and imports of goods of NAFTA countries into the United States, have increased or decreased since January 1, 1994; and

(B) the number of jobs in the United States that have been created as a result of increased exports of goods of the United States to NAFTA countries, and the number of jobs in the United States that have been lost as a result of increased imports of goods of NAFTA countries into the United States, since January 1, 1994; and

(2) determine--

(A) the extent to which exports of goods of the United States to the People's Republic of China, and imports of goods of the People's Republic of China into the United States, have increased or decreased since December 11, 2001; and

(B) the number of jobs in the United States that have been created as a result of increased exports of goods of the United States to the People's Republic of China, and the number of jobs in the United States that have been lost as a result of increased imports of goods of the People's Republic of China into the Untied States, since December 11, 2001; and

(3) submit to the appropriate committees of the Congress, the Secretary of Commerce, the Secretary of Labor, and the United States Trade Representative, the findings of the Commission under paragraphs (1) and (2), as well as any recommendations the Commission has for strengthening the United States labor force in light of such findings.

(c) MEMBERSHIP-

(1) NUMBER AND APPOINTMENT- The Commission shall be composed of 5 members appointed as follows:

(A) 1 member appointed by the President.

(B) 1 member appointed by the Speaker of the House of Representatives.

(C) 1 member appointed by the minority leader of the House of Representatives.

(D) 1 member appointed by the majority leader of the Senate.

(E) 1 member appointed by the minority leader of the Senate.

(2) PERSONS ELIGIBLE-

(A) IN GENERAL- The members of the Commission shall be individuals who have knowledge or expertise, whether by experience or training, in matters to be studied by the Commission. The members may be from the public or private sector, and may include employees of the Federal Government or of State or local governments, members of academia, nonprofit organizations, or industry, or other interested individuals.

(B) DIVERSITY- It is the intent of the Congress that persons appointed to the Commission under paragraph (1) be persons who represent diverse economic and professional backgrounds from different regions of the United States.

(3) CONSULTATION AND APPOINTMENT-

(A) IN GENERAL- The President, Speaker of the House of Representatives, minority leader of the House of Representatives, majority leader of the Senate, and minority leader of the Senate shall consult among themselves before appointing the members of the Commission in order to achieve, to the maximum extent practicable, fair and equitable representation of various points of view with respect to the matters to be studied by the Commission.

(B) COMPLETION OF APPOINTMENTS; VACANCIES- The President, Speaker of the House of Representatives, minority leader of the House of Representatives, majority leader of the Senate, and minority leader of the Senate shall conduct the consultation under subparagraph (A) and make their respective appointments not later than 60 days after the date of the enactment of this Act.

(4) TERMS AND VACANCIES- Each member of the Commission shall be appointed for the life of the Commission. A vacancy in the membership of the Commission shall not affect the powers of the Commission and shall be filled, not later than 30 days after the vacancy occurs, in the same manner as the original appointment was made.

(5) CHAIR AND VICE CHAIR- The Commission shall select a Chair and Vice Chair from among its members.

(d) MEETINGS-

(1) INITIAL MEETING- Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting.

(2) SUBSEQUENT MEETINGS- After the initial meeting, the Commission shall meet at the call of the Chair.

(e) QUORUM- A majority of the members of the Commission shall constitute a quorum for the transaction of business, but a lesser number of members may hold hearings.

(f) COMPENSATION-

(1) RATE- Except as provided in paragraph (2), members of the Commission shall each be paid the daily equivalent of the annual rate of pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission.

(2) PROHIBITION OF COMPENSATION OF FEDERAL EMPLOYEES- A member of the Commission who is a full-time officer or employee of the United States or a Member of Congress may not receive additional pay, allowances, or benefits by reason of his or her service on the Commission.

(g) TRAVEL EXPENSES- Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.

(h) EXPERTS AND CONSULTANTS- The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code.

(i) STAFF OF FEDERAL AGENCIES- Upon the request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this section.

(j) POWERS-

(1) HEARINGS AND SESSIONS- The Commission may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate.

(2) POWERS OF MEMBERS AND AGENTS- Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section.

(3) OBTAINING OFFICIAL DATA- The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of the Chair or Vice Chair of the Commission, the head of that department or agency shall furnish that information to the Commission.

(4) MAILS- The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.

(5) ADMINISTRATIVE SUPPORT SERVICES- Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this section.

(k) REPORT- The Commission shall transmit a report containing its findings and recommendations under subsection (b)(3) not later than 180 days after the first meeting of the Commission under subsection (d)(1).

(l) TERMINATION- The Commission shall terminate 30 days after submitting its report under subsection (k).

(m) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out this section.

SEC. 3. FUTURE NEGOTIATIONS.

In preparing for and engaging in negotiations for trade agreements, the President shall ensure that the findings and recommendations of the Trade Impact Commission established in section 2 are included in developing trade policy with respect to such negotiations.

SEC. 4. PRESIDENTIAL CERTIFICATIONS.

The President shall submit to the Congress, not later than May 31 of each year, a report that certifies whether or not--

(1) each NAFTA country is meeting commitments made in the North American Agreement on Environmental Cooperation and in the North American Agreement on Labor Cooperation; and

(2) the People's Republic of China is meeting its obligations with respect to protection of the environment and worker rights by reason of its accession to the World Trade Organization, including commitments made to the United States.

SEC. 5. DEFINITIONS.

As used in this Act:

(1) NAFTA- The term `NAFTA' means the North American Free Trade Agreement entered into by the United States, Canada, and Mexico on December 17, 1992.

(2) NAFTA COUNTRY- The term `NAFTA country' has the meaning given that term in section 2(4) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3301(4)).

(3) NORTH AMERICAN AGREEMENT ON ENVIRONMENTAL COOPERATION- The term `North American Agreement on Environmental Cooperation' has the meaning given that term in section 532(b)(2) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3472(b)(2)).

(4) NORTH AMERICAN AGREEMENT ON LABOR COOPERATION- The term `North American Agreement on Labor Cooperation' has the meaning given that term in section 531(b)(2) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3471(b)(2)).

END