[Federal Register Volume 79, Number 172 (Friday, September 5, 2014)]
[Notices]
[Pages 53090-53091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21124]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Updated Membership Criteria for the Trade and Environment Policy
Advisory Committee
AGENCY: Office of the United States Trade Representative.
ACTION: Amendment of Membership Criteria.
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SUMMARY: This notice amends the membership eligibility criteria for the
Trade and Environment Policy Advisory Committee (TEPAC) pursuant to the
Revised Guidance on the Appointment of Lobbyists to Federal Advisory
Committees, Boards and Commissions, published by the Office of
Management and Budget (OMB) on August 13, 2014. Federally-registered
lobbyists no longer are prohibited from serving on the TEPAC in a
representative capacity in light of OMB's recent policy clarification
that the eligibility restriction does not apply to advisory committee
members who are specifically appointed to represent the interests of a
nongovernmental entity, a recognizable group of persons or
nongovernmental entities (an industry sector, labor unions,
environmental groups, etc.), or state or local governments. The
lobbyist prohibition continues to apply to persons serving on advisory
committees in their individual capacity. All other eligibility criteria
continue to apply.
DATES: These updated membership criteria are effective immediately.
FOR FURTHER INFORMATION CONTACT: Julia Friedman, Attorney-Advisor for
the Office of the U.S. Trade Representative's Office of
Intergovernmental Affairs and Public Engagement, at (202) 395-6120.
SUPPLEMENTARY INFORMATION:
Background
Section 135 of the Trade Act of 1974, as amended (19 U.S.C. 2155),
established a trade advisory system to
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ensure that U.S. trade policy and trade negotiation objectives
adequately reflect U.S. commercial and economic interests. Section
135(a)(1) directs the President to: Seek information and advice from
representative elements of the private sector and the non-Federal
governmental sector with respect to:
(A) Negotiating objectives and bargaining positions before entering
into a trade agreement under [title I of the Trade Act of 1974 and
section 2103 of the Bipartisan Trade Promotion Authority Act of 2002];
(B) The operation of any trade agreement once entered into,
including preparation for dispute settlement panel proceedings to which
the United States is a party; and
(C) Other matters arising in connection with the development,
implementation, and administration of the trade policy of the United
States.
Section 135(c)(1) of the 1974 Trade Act provides that: [T]he
President may establish individual general policy advisory committees
for industry, labor, agriculture, services, investment, defense, and
other interests, as appropriate, to provide general policy advice on
matters referred to in [Section 135(a)]. Such committees shall, insofar
as is practicable, be representative of all industry, labor,
agricultural, service, investment, defense, and other interests,
respectively, including small business interests, and shall be
organized by the United States Trade Representative and the Secretaries
of Commerce, Defense, Labor, Agriculture, the Treasury, or other
executive departments, as appropriate. The members of such committees
shall be appointed by the United States Trade Representative in
consultation with such Secretaries.
Functions
The TEPAC was established through Executive Order No. 12905 of
March 25, 1994, as amended and extended, to provide the United States
Trade Representative with policy advice on issues involving trade and
the environment. The TEPAC meets as needed at the call of the United
States Trade Representative or his designee depending on various
factors such as the level of activity of trade negotiations and the
needs of the United States Trade Representative, or at the call of two-
thirds of the TEPAC members.
Membership
Members serve without compensation and are responsible for all
expenses incurred to attend the meetings. TEPAC members are appointed
by the United States Trade Representative. Appointments are made at the
chartering of the TEPAC and periodically throughout the two-year
charter term, which ends on September 30, 2015, unless otherwise
extended. Members serve at the discretion of the United States Trade
Representative.
Members are selected to represent their sponsoring U.S. entity's
interests on trade and the environment, and thus nominees are
considered foremost based upon their ability to carry out the goals of
section 135(c) of the Trade Act of 1974, as amended. Other criteria
include the nominee's knowledge of and expertise in international trade
issues as relevant to the work of the TEPAC. While all or almost all
TEPAC members represent their sponsoring U.S. entities' interests, it
is possible that the United States Trade Representative may appoint
members to serve in an individual capacity as subject matter experts.
Appointments to the TEPAC are made without regard to political
affiliation with an interest in ensuring balance in terms of sectors,
demographics, and other factors relevant to the TEPAC's needs.
Membership Criteria
To be appointed to the TEPAC, the following eligibility criteria
must be met:
1. The applicant must be a U.S. citizen.
2. The applicant must not be a full-time employee of a U.S.
governmental entity.
3. If serving in an individual capacity, the applicant must not be
a federally-registered lobbyist.
4. The applicant must not be registered with the U.S. Department of
Justice under the Foreign Agents Registration Act.
5. The applicant must be able to obtain and maintain a security
clearance.
6. For representative members, who will comprise the overwhelming
majority of the TEPAC, the applicant must represent a U.S. organization
whose members (or funders) have a demonstrated interest in issues
relevant to trade and the environment or have personal experience or
expertise in trade and the environment.
For eligibility purposes, a ``U.S. organization'' is an
organization established under the laws of the United States, that is
controlled by U.S. citizens, by another U.S. organization (or
organizations), or by a U.S. entity (or entities), determined based on
its board of directors (or comparable governing body), membership, and
funding sources, as applicable. To qualify as a U.S. organization, more
than 50 percent of the board of directors (or comparable governing
body) and more than 50 percent of the membership of the organization to
be represented must be U.S. citizens, U.S. organizations, or U.S.
entities. Additionally, at least 50 percent of the organization's
annual revenue must be attributable to nongovernmental U.S. sources.
7. For members who will serve in an individual capacity, the
applicant must possess subject matter expertise regarding international
trade and environmental issues.
Applicants who meet the eligibility criteria are considered for
membership based on the following factors: Ability to represent the
sponsoring U.S. entity's or U.S. organization's and its subsector's
interests on trade and environmental matters; knowledge of and
experience in trade and environmental matters relevant to the work of
the TEPAC; and ensuring that the TEPAC is balanced in terms of points
of view, demographics, geography, and entity or organization size.
Dated: August 29, 2014.
Jewel James,
Assistant U.S. Trade Representative, Intergovernmental Affairs and
Public Engagement.
[FR Doc. 2014-21124 Filed 9-4-14; 8:45 am]
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