Reclaiming Congress’s Constitutional Mandate in Trade Resolution

IV 118TH CONGRESS 1ST SESSION H. CON. RES. 6 Establishing the Joint Ad Hoc Committee on Trade Responsibilities to develop a plan under which the functions and responsibilities of the Office of the United States Trade Representative shall be moved to the legislative branch in accordance with article I, section 8 of the Constitution of the United States, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 9, 2023 Mr. GRIFFITH submitted the following concurrent resolution; which was re- ferred to the Committee on Rules, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned CONCURRENT RESOLUTION Establishing the Joint Ad Hoc Committee on Trade Respon- sibilities to develop a plan under which the functions and responsibilities of the Office of the United States Trade Representative shall be moved to the legislative branch in accordance with article I, section 8 of the Constitution of the United States, and for other pur- poses. Resolved by the House of Representatives (the Senate 1 concurring), 2 VerDate Sep 11 2014 19:54 Jan 10, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\HC6.IH HC6 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HCON 6 IH SECTION 1. SHORT TITLE. 1 This resolution may be cited as the ‘‘Reclaiming 2 Congress’s Constitutional Mandate in Trade Resolution’’. 3 SEC. 2. JOINT AD HOC COMMITTEE ON TRADE RESPON- 4 SIBILITIES. 5 (a) ESTABLISHMENT.—There is established a Joint 6 Ad Hoc Committee on Trade Responsibilities (referred to 7 as the ‘‘Joint Ad Hoc Committee’’). 8 (b) MEMBERSHIP.—The Joint Ad Hoc Committee 9 shall consist of 14 members, who shall be appointed not 10 later than 60 days after the date of the adoption of this 11 resolution, as follows: 12 (1) Nine Members of the House of Representa- 13 tives who shall be members of the Committee on 14 Ways and Means or the Committee on Energy and 15 Commerce, of whom— 16 (A) six shall be appointed by the Speaker 17 of the House of Representatives, one of whom 18 (as designated by the Speaker at the time of 19 appointment) shall serve as the Chair of the 20 Joint Ad Hoc Committee; and 21 (B) three shall be appointed by the minor- 22 ity leader of the House of Representatives. 23 (2) Five Senators who shall be members of the 24 Committee on Finance, of whom— 25 VerDate Sep 11 2014 19:54 Jan 10, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\HC6.IH HC6 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HCON 6 IH (A) three shall be appointed by the major- 1 ity leader of the Senate, one of whom (as des- 2 ignated by the majority leader at the time of 3 appointment) shall serve as the Vice Chair of 4 the Joint Ad Hoc Committee; and 5 (B) two shall be appointed by the minority 6 leader of the Senate. 7 (c) DUTIES.— 8 (1) PLAN FOR TRANSFER OF USTR FUNCTIONS 9 TO LEGISLATIVE BRANCH.—The Joint Ad Hoc Com- 10 mittee shall develop a plan under which the func- 11 tions and responsibilities of the Office of the United 12 States Trade Representative shall be moved to the 13 legislative branch in accordance with article I, sec- 14 tion 8 of the Constitution of the United States. 15 (2) CONSULTATION WITH ADVISORY BOARD.— 16 In developing the plan under paragraph (1), the 17 Joint Ad Hoc Committee shall consult regularly with 18 the Congressional Advisory Board on Trade Respon- 19 sibilities established under section 3. 20 (3) DEADLINE FOR TRANSFER UNDER PLAN.— 21 Under the plan developed by the Joint Ad Hoc Com- 22 mittee under paragraph (1), the functions and re- 23 sponsibilities of the Office of the United States 24 VerDate Sep 11 2014 19:54 Jan 10, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\HC6.IH HC6 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HCON 6 IH Trade Representative shall be moved to the legisla- 1 tive branch— 2 (A) upon the expiration of the 4-year pe- 3 riod which begins on the date the Joint Ad Hoc 4 Committee submits the report described in sub- 5 section (e); or 6 (B) on July 1, 2024, 7 whichever is later. 8 (d) AUTHORITIES; EMPLOYMENT AND COMPENSA- 9 TION OF STAFF.— 10 (1) AUTHORITY OF COMMITTEE.— 11 (A) IN GENERAL.—The Joint Ad Hoc 12 Committee may— 13 (i) subject to subparagraph (B), sit 14 and act at such places and times as the 15 Joint Ad Hoc Committee determines are 16 appropriate during the sessions, recesses, 17 and adjourned periods of Congress; and 18 (ii) require the attendance of wit- 19 nesses and the production of books, pa- 20 pers, and documents, administer oaths, 21 take testimony, and procure printing and 22 binding. 23 (B) MEETINGS.—Beginning on the date 24 that is 90 days after the date of the adoption 25 VerDate Sep 11 2014 19:54 Jan 10, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\HC6.IH HC6 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HCON 6 IH of this resolution, the Joint Ad Hoc Committee 1 may meet at the call of the Chair or a majority 2 of its members that are appointed as of such 3 date. 4 (2) APPOINTMENT AND COMPENSATION OF 5 STAFF.—(A) The Joint Ad Hoc Committee may ap- 6 point and fix the compensation of such experts, con- 7 sultants, technicians, and clerical personnel as it 8 deems necessary, but shall utilize existing staff to 9 the extent possible. Staff shall be compensated and 10 reimbursed in accordance with current rules, stat- 11 utes, practices, and procedures under which congres- 12 sional staff are currently compensated and reim- 13 bursed for their official expenses. 14 (B) The Joint Ad Hoc Committee may utilize 15 such voluntary and uncompensated services as it 16 deems necessary and may utilize the services, infor- 17 mation, facilities, and personnel of other agencies of 18 the legislative branch. 19 (3) WITNESSES.—Witnesses requested to ap- 20 pear before the Joint Ad Hoc Committee shall be re- 21 imbursed for travel, subsistence, and other necessary 22 expenses incurred in traveling to and from Joint Ad 23 Hoc Committee proceedings. 24 (4) EXPENSES.— 25 VerDate Sep 11 2014 19:54 Jan 10, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\HC6.IH HC6 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HCON 6 IH (A) HOUSE OF REPRESENTATIVES.—There 1 shall be paid out of the applicable accounts of 2 the House of Representatives such sums as may 3 be necessary for the portion of the expenses of 4 the Joint Ad Hoc Committee which are allo- 5 cable to the House. Such payments shall be 6 made on vouchers signed by the Chair of the 7 Joint Ad Hoc Committee and approved in the 8 manner directed by the Committee on House 9 Administration of the House of Representatives. 10 Amounts made available under this paragraph 11 shall be expended in accordance with regula- 12 tions prescribed by the Committee on House 13 Administration of the House of Representatives. 14 (B) SENATE.—There shall be paid out of 15 the contingent fund of the Senate such sums as 16 may be necessary for the portion of the ex- 17 penses of the Joint Ad Hoc Committee which 18 are allocable to the Senate. Such payments 19 shall be made on vouchers signed by the Vice 20 Chair of the Joint Ad Hoc Committee. 21 (e) REPORT.—Not later than 16 months after the 22 date on which all members of the Joint Ad Hoc Committee 23 are appointed under subsection (b), the Committee shall 24 VerDate Sep 11 2014 19:54 Jan 10, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\HC6.IH HC6 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HCON 6 IH submit to Congress a report that contains the plan de- 1 scribed in subsection (c). 2 (f) TERMINATION.—The Joint Ad Hoc Committee 3 shall terminate upon the expiration of the 1-year period 4 which begins on the date the Joint Ad Hoc Committee 5 submits the report required under subsection (e). 6 SEC. 3. CONGRESSIONAL ADVISORY BOARD. 7 (a) ESTABLISHMENT.—There is established a Con- 8 gressional Advisory Board on Trade Responsibilities (re- 9 ferred to as the ‘‘Advisory Board’’). 10 (b) MEMBERSHIP.—The Advisory Board shall consist 11 of 21 members, who shall be appointed not later than 60 12 days after the date of the adoption of this resolution, as 13 follows: 14 (1) Four members appointed by the Speaker of 15 the House of Representatives, of whom— 16 (A) one member shall be appointed from 17 among the individuals described in subsection 18 (c)(1); and 19 (B) three members shall be appointed from 20 among the individuals described in subsection 21 (c)(2). 22 (2) Four members appointed by the majority 23 leader of the Senate, of whom— 24 VerDate Sep 11 2014 19:54 Jan 10, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\HC6.IH HC6 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HCON 6 IH (A) one member shall be appointed from 1 among the individuals described in subsection 2 (c)(1); and 3 (B) three members shall be appointed from 4 among the individuals described in subsection 5 (c)(2). 6 (3) Three members appointed by the minority 7 leader of the House of Representatives, of whom— 8 (A) one member shall be appointed from 9 among the individuals described in subsection 10 (c)(1); and 11 (B) two members shall be appointed from 12 among the individuals described in subsection 13 (c)(2). 14 (4) Three members appointed by the minority 15 leader of the Senate, of whom— 16 (A) one member shall be appointed from 17 among the individuals described in subsection 18 (c)(1); and 19 (B) two members shall be appointed from 20 among the individuals described in subsection 21 (c)(2). 22 (5) Six members appointed by the United 23 States Trade Representative, of whom— 24 VerDate Sep 11 2014 19:54 Jan 10, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\HC6.IH HC6 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HCON 6 IH (A) three members shall be appointed from 1 among the individuals described in subsection 2 (c)(1); and 3 (B) three members shall be appointed from 4 among the individuals described in subsection 5 (c)(2). 6 (6) The United States Trade Representative (or 7 the Trade Representative’s designee). 8 (c) INDIVIDUALS ELIGIBLE FOR APPOINTMENT.— 9 The individuals eligible for appointment to the Advisory 10 Board under subsection (b) are the following: 11 (1) Individuals with expertise on the constitu- 12 tional roles of the President and Congress regarding 13 United States trade policy and the development, ne- 14 gotiation, implementation, and administration of bi- 15 lateral and multilateral trade agreements. 16 (2) Individuals who are representatives of non- 17 Federal governments, labor, industry, agriculture, 18 small business, service industries, retailers, non- 19 governmental environmental and conservation orga- 20 nization, and consumer interests. 21 (d) DUTIES.—The Advisory Board shall advise the 22 Joint Ad Hoc Committee on Trade Responsibilities estab- 23 lished under section 2 in its development of the plan de- 24 scribed in section 2(c). 25 VerDate Sep 11 2014 19:54 Jan 10, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\HC6.IH HC6 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HCON 6 IH (e) EXPENSES.—Members of the Advisory Board 1 shall serve without pay, but each member who does not 2 reside in the Washington Metropolitan Area shall receive 3 travel expenses, including per diem in lieu of subsistence, 4 in accordance with applicable provisions under subchapter 5 I of chapter 57 of title 5, United States Code. In this sub- 6 section, the term ‘‘Washington Metropolitan Area’’ means 7 the District of Columbia, the counties of Montgomery and 8 Prince Georges in Maryland, and the counties of Arling- 9 ton, Fairfax, Loudon, and Prince William and the cities 10 of Alexandria and Falls Church in Virginia. 11 (f) AVAILABILITY OF STAFF OF JOINT AD HOC COM- 12 MITTEE.—The Advisory Board may not appoint staff, but 13 upon request of the Advisory Board, the Joint Ad Hoc 14 Committee on Trade Responsibilities may detail any of its 15 personnel to assist the Advisory Board in carrying out the 16 Advisory Board’s duties under this Act. 17 (g) TERMINATION.—The Advisory Board shall termi- 18 nate upon the expiration of the 1-year period which begins 19 on the date the Joint Ad Hoc Committee on Trade Re- 20 sponsibilities submits the report required under section 21 2(e). 22 VerDate Sep 11 2014 19:54 Jan 10, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\HC6.IH HC6 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HCON 6 IH SEC. 4. ASSISTANCE OF UNITED STATES TRADE REP- 1 RESENTATIVE. 2 The United States Trade Representative and other 3 heads of offices in the executive branch, shall make avail- 4 able to the Joint Ad Hoc Committee on Trade Responsibil- 5 ities established under section 2 and the Congressional 6 Advisory Board on Trade Responsibilities established 7 under section 3 such information and assistance the Joint 8 Ad Hoc Committee and the Advisory Board may reason- 9 ably require to carry out their activities. 10 Æ VerDate Sep 11 2014 19:54 Jan 10, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\HC6.IH HC6 pbinns on DSKJLVW7X2PROD with $$_JOB