text: SECTION 1. PURPOSE.
  
      The purpose of this Act is to establish the Trade Agreement 
  Enforcement Commission to oversee the enforcement of worker rights 
  provisions in trade agreements to which the United States is a party 
  and in trade preference programs.
  
  SEC. 2. ESTABLISHMENT.
  
      (a) In General.--There is established the Trade Agreement 
  Enforcement Commission (in this Act referred to as the ``Commission'').
      (b) Membership.--
              (1) In general.--The Commission shall be composed of 15 
          members, who shall be appointed as follows from among persons 
          in private life who have expertise in matters involving worker 
          rights:
                      (A) Four members shall be appointed by the Speaker 
                  of the House of Representatives, after consulting with 
                  the chairman of the Committee on Education and Labor 
                  and the chairman of the Committee on Ways and Means.
                      (B) Three members shall be appointed by the 
                  minority leader of the House of Representatives, after 
                  consulting with the ranking member of the Committee on 
                  Education and Labor and the ranking member of the 
                  Committee on Ways and Means.
                      (C) Four members shall be appointed by the majority 
                  leader of the Senate, after consulting with the 
                  chairman of the Committee on Health, Education, Labor, 
                  and Pensions and the chairman of the Committee on 
                  Finance.
                      (D) Three members shall be appointed by the 
                  minority leader of the Senate, after consulting with 
                  the ranking member of the Committee on Health, 
                  Education, Labor, and Pensions and the ranking member 
                  of the Committee on Finance.
                      (E) One member shall be appointed by the President.
              (2) Staggered terms.--(A) Each appointing authority 
          referred to under subparagraphs (A) and (C) of paragraph (1) 
          shall make the initial appointments on a staggered term basis, 
          such that--
                              (i) 1 appointment shall be for a term 
                          expiring on December 31, 2009;
                              (ii) 1 appointment shall be for a term 
                          expiring on December 31, 2010; and
                              (iii) 2 appointments shall be for a term 
                          expiring on December 31, 2011.
              (B) Each appointing authority referred to under 
          subparagraphs (B) and (D) of paragraph (1) shall make the 
          initial appointments on a staggered term basis, such that--
                      (i) 1 appointment shall be for a term expiring on 
                  December 31, 2009;
                      (ii) 1 appointment shall be for a term expiring on 
                  December 31, 2010; and
                      (iii) 1 appointment shall be for a term expiring on 
                  December 31, 2011.
              (C) The President shall make the initial appointment under 
          subparagraph (E) of paragraph (1) for a term expiring on 
          December 31, 2010.
              (D) Each appointing authority under paragraph (1) shall 
          make all subsequent appointments on an approximate 2-year term 
          basis to expire on December 31 of the applicable year.
              (E) Each appointing authority under paragraph (1) shall 
          make appointments not later than January 31 of the year in 
          which the term of the member of the Commission is to begin.
              (3) Reappointment.--Members of the Commission may be 
          reappointed for additional terms of service as members of the 
          Commission.
              (4) Vacancies.--Any member appointed to fill a vacancy 
          occurring before the expiration of the term for which the 
          member's predecessor was appointed shall be appointed only for 
          the remainder of that term. A member may serve after the 
          expiration of that member's term until a successor has taken 
          office. A vacancy on the Commission shall be filled in the 
          manner in which the original appointment was made.
      (c) Chairperson and Vice Chairperson.--The members of the 
  Commission shall select a Chairperson and Vice Chairperson of the 
  Commission from among the members of the Commission.
      (d) Meetings.--
              (1) Meetings.--The first meeting of the Commission shall be 
          held not later than 90 days after the initial appointments are 
          made under subsection (b). Thereafter, the Commission shall 
          meet at the call of the Chairperson of the Commission.
              (2) Quorum.--A majority of the members of the Commission 
          shall constitute a quorum for the transaction of business of 
          the Commission.
      (e) Voting.--Each member of the Commission shall be entitled to one 
  vote, which shall be equal to the vote of every other member of the 
  Commission.
  
  SEC. 3. DUTIES.
  
      (a) In General.--The Commission shall monitor, investigate, and 
  report to Congress and the President on the enforcement by each trading 
  partner of the United States of worker rights in the territory of the 
  trading partner.
      (b) Specific Matters.--In carrying out subsection (a), the 
  Commission shall do the following:
              (1) Monitor enforcement of worker rights in the territory 
          of each trading partner of the United States.
              (2) Review enforcement activities, including complaints, 
          claims, and petitions reviewed, of the United States Trade 
          Representative, and the Office of Trade and Labor Affairs in 
          the Bureau of International Affairs of the Department of Labor, 
          with respect to violations of worker rights in the territory of 
          trading partners of the United States.
              (3) With respect to trading partners of the United States 
          that are violating worker rights, make recommendations that the 
          Commission considers appropriate to the President, including--
                      (A) invoking dispute settlement procedures under 
                  the applicable trade agreement with a trading partner 
                  of the United States that is failing to enforce worker 
                  rights in the territory of that trading partner;
                      (B) withdrawing trade preferences from a trading 
                  partner under the applicable trade agreement with the 
                  trading partner, or under the applicable trade 
                  preference program, as the case may be;
                      (C) establishing an ombudsman in the territory of a 
                  trading partner that has engaged in a pattern of 
                  violations of worker rights or that has engaged in 
                  serious violations of worker rights, for the purpose of 
                  monitoring and investigating worker rights in those 
                  countries; or
                      (D) taking such other actions as the Commission 
                  considers appropriate.
      (c) Annual Report.--Not later than June 1 of each year (beginning 
  in 2009), the Commission shall submit to the Congress and the President 
  a report on the enforcement by the trading partners of the United 
  States of worker rights within the territories of such trading 
  partners, including the recommendations for action, if any, under 
  subsection (b)(3). If possible, the report shall include an analysis of 
  the impact of any violations of workers rights in the territory of a 
  trading partner on the economy of the United States and, in particular, 
  on employment in the United States.
      (d) Report by the President.--The President shall report to the 
  Congress, not later than 6 months after each report of the Commission 
  is submitted under subsection (c), on the actions taken by the 
  executive branch with respect to all issues addressed in the 
  Commission's report, including whether, or the extent to which, the 
  President has implemented any recommendations of the Commission with 
  respect to the enforcement of worker rights.
  
  SEC. 4. POWERS.
  
      (a) Hearings.--The Commission or, at its direction, any panel or 
  member of the Commission, may, for the purpose of carrying out the 
  provisions of this Act, hold hearings, sit and act at times and places, 
  take testimony, receive evidence, and administer oaths to the extent 
  that the Commission or any panel or member considers advisable.
      (b) Information.--The Commission may request from any Federal 
  department or agency information that the Commission considers 
  necessary to enable the Commission to carry out its duties under this 
  Act. Upon the request of the Commission, the head of such department or 
  agency shall furnish such information to the Commission.
      (c) Postal Services.--The Commission may use the United States 
  mails in the same manner and under the same conditions as other 
  departments and agencies of the Federal Government.
      (d) Commission Personnel Matters.--
              (1) Compensation of members.--Each member of the Commission 
          shall be compensated at a rate equal to the daily equivalent of 
          the annual rate of basic pay prescribed for level IV of the 
          Executive Schedule under section 5315 of title 5, United States 
          Code, for each day (including travel time) during which such 
          member is engaged in the performance of the duties of the 
          Commission.
              (2) Travel expenses.--The members of the Commission shall 
          be allowed travel expenses, including per diem in lieu of 
          subsistence, at rates authorized for employees of agencies 
          under subchapter I of chapter 57 of title 5, United States 
          Code, while away from their homes or regular places of business 
          in the performance of services for the Commission.
              (3) Staff.--
                      (A) In general.--The Chairperson of the Commission 
                  may, without regard to the civil service laws and 
                  regulations, appoint and terminate an executive 
                  director and such other additional personnel as may be 
                  necessary to enable the Commission to perform its 
                  duties. The employment of an executive director shall 
                  be subject to confirmation by the Commission.
                      (B) Compensation.--The Chairperson of the 
                  Commission may fix the compensation of the executive 
                  director and other personnel without regard to the 
                  provisions of chapter 51 and subchapter III of chapter 
                  53 of title 5, United States Code, relating to 
                  classification of positions and General Schedule pay 
                  rates, except that the rate of pay for the executive 
                  director and other personnel may not exceed the rate 
                  payable for level V of the Executive Schedule under 
                  section 5316 of such title.
              (4) Detail of government employees.--Any Federal Government 
          employee may be detailed to the Commission without 
          reimbursement, and such detail shall be without interruption or 
          loss of civil service status or privilege.
              (5) Procurement of temporary and intermittent services.--
          The Chairperson of the Commission may procure temporary and 
          intermittent services under section 3109(b) of title 5, United 
          States Code, at rates for individuals which do not exceed the 
          daily equivalent of the annual rate of basic pay prescribed for 
          level V of the Executive Schedule under section 5316 of such 
          title.
              (6) Foreign travel for official purposes.--Foreign travel 
          for official purposes by members and staff of the Commission 
          may be authorized by either the Chairperson or the Vice 
          Chairperson of the Commission.
              (7) Applicability of certain pay authorities.--An 
          individual who is a member of the Commission and is an 
          annuitant or otherwise covered by section 8344 or 8468 of title 
          5, United States Code, by reason of membership on the 
          Commission is not subject to the provisions of section 8344 or 
          8468 (whichever is applicable) with respect to such membership.
      (e) Support Services.--The Administrator of the General Services 
  Administration shall provide to the Commission on a reimbursable basis 
  such administrative support services as the Commission may request.
      (f) Federal Advisory Committee Act.--The provisions of the Federal 
  Advisory Committee Act (Public Law 92-463; 5 U.S.C. App.) shall apply 
  to the activities of the Commission.
  
  SEC. 5. DEFINITIONS.
  
      In this Act:
              (1) Worker rights.--The term ``worker rights'' means, with 
          respect to a trading partner--
                      (A) those provisions of the trade agreement between 
                  the United States and the trading partner that relate 
                  to worker rights in the territory of the trading 
                  partner, or
                      (B) those provisions of law establishing the 
                  applicable trade preference program relating to worker 
                  rights in the territory of the trading partner,
          as the case may be.
              (2) Trade preference program.--The term ``trade preference 
          program'' means a program established under the laws of the 
          United States that provides trade preferences to countries that 
          meet eligibility requirements set forth in the applicable law, 
          including title V of the Trade Act of 1974, the Carribean Basin 
          Economic Recovery Act, the African Growth and Opportunity Act, 
          and the Andean Trade Preference Act.
              (3) Trading partner of the united states.--The term 
          ``trading partner of the United States'' means--
                      (A) any country with which the United States has in 
                  effect a trade agreement providing for the reduction of 
                  tariff and nontariff barriers between the two 
                  countries; and
                      (B) any country that is a beneficiary country under 
                  a trade preference program.
  
  SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
  
      There are authorized to be appropriated to the Commission for 
  fiscal year 2009 and each fiscal year thereafter such sums as may be 
  necessary to carry out this Act.
  
  SEC. 7. EFFECTIVE DATE.
  
      This Act shall take effect on the first day of the 111th Congress.
target: Establishes the Trade Agreement Enforcement Commission to oversee enforcement of worker rights provisions in: (1) trade agreements between the United States and other countries; and (2) trade preference programs.
feat_title: To create a Trade Agreement Enforcement Commission.