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[SB STAT.

T A B L E OF CONTENTS—Continued PART II — T R A I N I N G AND RELATED SERVICES

Sec. 235. Employment services. Sec. 236. Training. PART III — J O B SEARCH AND RELOCATION ALLOWANCES

Sec. 237. Job search allowances. Sec. 238. Relocation allowances. Subchapter C—General Provisions Sec. 239. Sec. 240. Sec. 241. Sec. 242. Sec. 243. Sec. 244. Sec. 245. Sec. 246. Sec. 247. Sec. 248. Sec. 249. Sec. 250.

Agreements with States. Administration absent State agreement. Payments to States. Liabilities of certifying and disbursing oflScers. Recovery of overpayments. Penalties. Creation of t r u s t f u n d; authorization of appropriations out of customs receipts. Transitional provisions. Definitions. Regulations. Subpena power. Judicial review. CHAPTER 3 — ADJUSTMENT ASSISTANCE FOR F I R M S

Sec. 251. Sec. 252. Sec. 253. Sec. 254. Sec. 255. Sec. 256. Sec. 257. Sec. 258. Sec. 259. Sec. 260. Sec. 261. Sec. 262. Sec. 263. Sec. 264.

Petitions and determinations. Approval of adjustment proposals. Technical assistance. Financial assistance. Conditions for financial assistance. Delegation of functions to Small Business Administration; authorization of appropriations. Administration of financial assistance. Protective provisions. Penalties. Suits. Definitions. Regulations. Transitional provisions. Study by Secretary of Commerce when International Trade Commission begins investigation; action where there is affirmative finding. CHAPTER 4 — ADJUSTMENT ASSISTANCE FOR COMMUNITIES

Sec. 271. Sec. 272. Sec. 273. Sec. 274.

Petitions and determinations. Trade impacted area councils. Program benefits. Community adjustment assistance fund and authorization of appropriations. CHAPTER 5—MISCELLANEOUS PROVISIONS

Sec. 280. Sec. 281. Sec. 282. Sec. 283. Sec. 284.

General Accounting Office report. Coordination. Trade monitoring system. F i r m s relocating in foreign countries. Effective date. TITLE III — R E L I E F FROM UNFAIR TRADE PRACTICES

CHAPTER 1—FOREIGN IMPORT RESTRICTIONS AND EXPORT

SUBSIDIES

Sec. 301. Responses to certain trade practices of foreign governments. Sec. 302. Procedure for congressional disapproval of certain actions t a k e n under section 301. CHAPTER 2 — A N T I D U M P I N G D U T I E S

Sec. 321. Amendments to the Antidumping Act of 1921. CHAPTER 3—COUNTERVAILING D U T I E S

Sec. 331. Amendments to sections 303 and 516 of the Tariff Act of 1930.

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TABLE OF CONTENTS—Continued CHAPTER 4—UNFAIR IMPORT PRACTICES

Sec. 341. Amendment to section 337 of the Tariff Act of 1930. TITLE IV—TRADE RELATIONS WITH COUNTRIES NOT CURRENTLY RECEIVING NONDISCRIMINATORY TREATMENT Sec. 401. Sec. 402. Sec. 403. Sec. 404. Sec. 405. Sec. 406. Sec. 407. Sec. 408. Sec. 409. Sec. 410. Sec. 411.

Exception of the products of certain countries or areas. Freedom of emigration in East-West trade. United States personnel missing in action in Southeast Asia. Extension of nondiscriminatory treatment. Authority to enter into commercial agreements. Market disruption. Procedure for congressional approval or disapproval of extension of nondiscriminatory treatment and Presidential reports. Payment by Czechoslovakia of amounts owed United States citizens and nationals. Freedom to emigrate to join a very close relative in the United States. East-West Trade Statistics Monitoring System. East-West Foreign Trade Board. TITLE V—GENERALIZED SYSTEM OF PREFERENCES

Sec. 501. Sec. 502. Sec. 503. Sec. 504. Sec. 505.

Authority to extend preferences. Beneficiary developing country. Eligible articles. Limitations on preferential treatment. Time limit on title; comprehensive review. TITLE VI—GENERAL PROVISIONS

Sec. 601. Definitions. Sec. 602. Relation to other laws. Sec. 603. International Trade Commission. Sec. 604. Consequential changes in the Tariff Schedules. Sec. 605. Separability. Sec. 606. International drug control. Sec. 607. Voluntary limitations on exports of steel to the United States. Sec. 608. Uniform statistical data on imports, exports, and production. Sec. 609. Submission of statistical data on imports and exports. Sec. 610. Gifts sent from insular possessions. Sec. 611. Review of protests in import surcharge cases. Sec. 612. Trade relations with Canada. Sec. 613. Limitation on credit to Russia. SEC. 2. STATEMENT OF PURPOSES. The purposes of t h i s Act a r e, t h r o u g l i trade a g r e e m e n t s affording m u t u a l benefits— (1) to foster the economic growth of and full employment in the United States and to strengthen economic relations between the United States and foreign countries through open and nondiscriminatory world trade; (2) to harmonize, reduce, and eliminate barriers to trade on a basis which assures substantially equivalent competitive opportunities for the commerce of the United States; (3) to establish fairness and equity in international trading relations, including reform of the General Agreement on Tariffs and Trade; (4) to provide adequate procedures to safeguard American industry and labor against unfair or injurious import competition, and to assist industries, firm, workers, and communities to adjust to changes in international trade flows; (5) to open up market opportunities for United States commerce in nonmarket economies; and (6) to provide fair and reasonable access to products of less developed countries in the United States market.

19 USC 2102.

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TITLE I—NEGOTIATING AND OTHER AUTHORITY CHAPTEH 1—RATES OF DUTY AND OTHER TRADE BARRIERS 19 USC 2111.

19 USC 1202. 19 USC 2112.

SEC. 101. BASIC AUTHORITY FOR TRADE AGREEMENTS. (a) Whenever the President determines that any existing duties or other import restrictions of any foreign country or the United States are unduly burdening and restricting the foreign trade of the United States and that the purposes of this Act will be promoted thereby, the President— (1) during the 5-year period beginning on the date of the enactment of this Act, may enter into trade agreements with foreign countries or instrumentalities thereof; and (2) may proclaim such modification or continuance of any existing duty, such continuance of existing duty-free or excise treatment, or such additional duties, as he determines to be required or appropriate to carry out any such trade agreement. (b)(1) Except as provided in paragraph (2), no proclamation pursuant to subsection (a)(2) shall be made decreasing a rate of duty to a rate below 40 percent of the rate existing on January 1, 1975. (2) Paragraph (1) shall not apply in the case of any article for which the rate of duty existing on January 1, 1975, is not more than 5 percent ad valorem. (c) No proclamation shall be made pursuant to subsection (a)(2) increasing any rate of duty to, or imposing a rate above, the higher of the following: (1) the rate which is 50 percent above the rate set forth in rate column numbered 2 of the Tariff Schedules of the United States as in effect on January 1, 1975, or (2) the rate which is 20 percent ad valorem above the rate existing on January 1, 1975. SEC. 102. NONTARIFF BARRIERS TO AND OTHER DISTORTIONS OF TRADE. (a) The Congress finds that barriers to (and other distortions of) international trade are reducing the growth of foreign markets for the products of United States agriculture, industry, mining, and commerce, diminishing the intended mutual benefits of reciprocal trade concessions, adversely affecting the United States economy, preventing fair and equitable access to supplies, and preventing the development of open and nondiscriminatory trade among nations. The President is urged to take all appropriate and feasible steps within his power (including the full exercise of the rights of the United States under international agreements) to harmonize, reduce, or eliminate such barriers to (and other distortions of) international trade. The President is further urged to utilize the authority granted by subsection (b) to negotiate trade agreements with other countries and instrumentalities providing on a basis of mutuality for the harmonization, reduction, or elimination of such barriers to (and other distortions of) international trade. Nothing in this subsection shall be construed as prior approval of any legislation which may be necessary to implement an agreement concerning barriers to (or other distortions of) international trade. (b) Whenever the President determines that any barriers to (or other distortions of) international trade of any foreign country or the United States unduly burden and restrict the foreign trade of the

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United States or adversely affect the United States economy, or that the imposition of such barriers is likely to result in such a burden, restriction, or effect, and that the purposes of this Act will be promoted thereby, the President, during the 5-year period beginning on the date of the enactment of this Act, may enter into trade agreements with foreign countries or instrumentalities providing for the harmonization, reduction, or elimination of such barriers (or other distortions) or providing for the prohibition of or limitations on the imposition of such barriers (or other distortions), (c) Before the President enters into any trade agreement under this section providing for the harmonization, reduction, or elimination of a barrier to (or other distortion of) international trade, he shall consult with the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and with each committee of the House and the Senate and each joint committee of the Congress which has jurisdiction over legislation involving subject matters which would be affected by such trade agreement. Such consultation shall include all matters relating to the implementation of such trade agreement as provided in subsections (d) and (e). If it is proposed to implement such trade agreement, together with one or more other trade agreements entered into under this section, in a single implementing bill, such consultation shall include the desirability and feasibility of such proposed implementation. (d) Whenever the President enters into a trade agreement under this section providing for the harmonization, reduction, or elimination of a barrier to (or other distortion of) international trade, he shall submit such agreement, together with a draft of an implementing bill (described in section 151(b)) and a statement of any administrative action proposed to implement such agreement, to the Congress as provided in subsection (e), and such agreement shall enter into force with respect to the United States only if the provisions of subsection (e) are complied with and the implementing bill submitted by the President is enacted into law. (e) Each tiude agi^eement submitted to the Congress under this subsection shall enter into force with respect to the United States if (and only if) — (1) the President, not less than 90 days before the day on which he enters into such trade agreement, notifies the House of Representatives and the Senate of his intention to enter into such an agreement, and promptly thereafter publishes notice of such intention in the Federal Register; (2) after entering into the agreement, the President transmits a document to the House of Representatives and to the Senate containing a copy of such agreement together with— (A) a draft of an implementing bill and a statement of any administrative action proposed to implement such agreement, and an explanation as to how the implementing bill and proposed administrative action change or affect existing law, and (B) a statement of his reasons as to how the agreement serves the interests of United States commerce and as tQ why the implementing bill and proposed administrative action is required or appropriate to carry out the agreement; and (3) the implementing bill is enacted into law. (f) To insure that a foreign country or instrumentality which receives benefits under a trade agreement entered into under this section is subject to the obligations imposed by such agreement, the President may recommend to Congress in the implementing bill and statement of administrative action submitted with respect to such

1983

Trade agreements with foreign countries.

Consultation with c o n g r e s s i o n a l committees.

Agreement, bill draft, and statement, submittal to Congress.

Conditions.

Notice to Cong r e s s; publication in Federal R e g i s ter.

Copy, t r a n s mittal to Congress.

Recommendations to C o n g r e s s.

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Definitions.

19 USC 1401a, 1402.

19 USC 2113.

PUBLIC LAW 93-618-JAN. 3, 1975

[88

STAT.

agreement that the benefits and obligations of such agreement apply solely to the parties to such agreement, if such application is consistent with the terms of such agreement. The President may also recommend with respect to any such agreement that the benefits and obligations of such agreement not apply uniformly to all parties to such agreement, if such application is consistent with the terms of such agreement. (g) For purposes of this section— (1) the term "barrier" includes the American selling price basis of customs evaluation as defined in section 402 or 402a of the Tariff Act of 1930, as appropriate; (2) the term "distortion" includes a subsidy; and (3) the term "international trade" includes trade in both goods and services. SEC. 103. OVERALL NEGOTIATING OBJECTIVE.

The overall United States negotiating objective under sections 101 and 102 shall be to obtain more open and equitable market access and the harmonization, reduction, or elimination of devices which distort trade or commerce. To the maximum extent feasible, the harmonization, reduction, or elimination of agricultural trade barriers and distortions shall be undertaken in conjunction with the harmonization, reduction, or elimination of industrial trade barriers and distortions. 19 USC 2114.

Analysis, submittal to Congress.

19 USC 2115.

SEC. 104. SECTOR NEGOTIATING OBJECTIVE.

(a) A principal United States negotiating objective under sections 101 and 102 shall be to obtain, to the maximum extent feasible, with respect to appropriate product sectors of manufacturing, and with respect to the agricultural sector, competitive opportunities for United States exports to the developed countries of the world equivalent to the competitive opportunities afforded in United States markets to the importation of like or similar products, taking into account all barriers (including tariffs) to and other distortions of international trade affecting that sector, (b) As a means of achieving the negotiating objective set forth in subsection (a), to the extent consistent with the objective of maximizing overall economic benefit to the United States (through maintaining and enlarging foreign markets for products of United States agriculture, industry, mining, and commerce, through the development of fair and equitable market opportunities, and through open and nondiscriminatory world trade), negotiations shall, to the extent feasible be conducted on the basis of appropriate product sectors of manufacturing. (c) For the purposes of this section and section 135, the Special Representative for Trade Negotiations together with the Secretary of Commerce, Agriculture, or Labor, as appropriate, shall, after consultation with the Advisory Committee for Trade Negotiations established under section 135 and after consultation with interested private organizations, identify appropriate product sectors of manufacturing. (d) If the President determines that competitive opportunities in one or more product sectors will be significantly affected by a trade agreement concluded under section 101 or 102, he shall submit to the Congress with each such agreement an analysis of the extent to which the negotiating objective set forth in subsection (a) is achieved by such agreement in each product sector or product sectors. SEC. 105. BILATERAL TRADE AGREEMENTS.

If the President determines that bilateral trade agreements will more effectively promote the economic growth of, and full employment in, the United States, then, in such cases, a negotiating objective under sections 101 and 102 shall be to enter into bilateral trade agreements. Each such trade agreement shall provide for mutually advantageous economic benefits.

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SEC. 106. AGREEMENTS WITH DEVELOPING COUNTRIES. A United States negotiating objective under sections 101 and 102 shall be to enter into trade agreements which promote the economic growth of both developing countries and the United States and the mutual expansion of market opportunities. SEC. 107. INTERNATIONAL SAFEGUARD PROCEDURES. (a) A principal United States negotiating objective under section 102 shall be to obtain internationaly agreed upon rules and procedures, in the context of the harmonization, reduction, or elimination of barriers to, and other distortions of, international trade, which permit the use of temporary measures to ease adjustment to changes occurring in competitive conditions in the domestic markets of the parties to an agreement resulting from' such negotiations due to the expansion of international trade. (b) Any agreement entered into under section 102 may include provisions establishing procedures for— (1) notification of affected exporting countries, (2) international consultations, (3) international review of changes in trade flows, (4) making adjustments in trade flows as the result of such changes, and (5) international mediation. Such agreements may also include provisions which— (A) exclude, under specified conditions, the parties thereto from compensation obligations and retaliation, and (B) permit domestic pviblic procedures through which interested parties have the right to participate. SEC. 108. ACCESS TO SUPPLIES. (a) A principal United States negotiating objective under section 102 shall be to enter into trade agreements with foreign countries and instrumentalities to assure the United States of fair and equitable access at reasonable prices to supplies of articles of commerce which are important to the economic requirements of the United States and for which the United States does not have, or cannot easily develop, the necessary domestic productive capacity to supply its own requirements. (b) Any agreement entered into under section 102 may include provisions which— (1) assure to the United States the continued availability of important articles at reasonable prices, and (2) provide reciprocal concessions or comparable trade obligations, or both, by the United States. SEC. 109. STAGING REQUIREMENTS AND ROUNDING AUTHORITY. (a) Except as otherwise provided in this section, the aggregate reduction in the rate of duty on any article which is in effect on any day pursuant to a trade agreement under section 101 shall not exceed the aggregate reduction which would have been in effect on such day if— (1) a reduction of 3 percent ad valorem or a reduction of one-tenth of the total reduction, whichever is greater, had taken effect on the effective date of the first reduction proclaimed pursuant to section 101(a)(2) to carry out such agreement with respect to such article, and (2) a reduction equal to the amount applicable under paragraph (1) had taken effect at 1-year intervals after the effective date of such first reduction. This subsection shall not apply in any case where the total reduction in the rate of duty does not exceed 10 percent of the rate before the reduction.

1985 19 USC 2lie.

19 USC 2117.

19 USC 2118.

s

19 USC 2119.

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[SS STAT.

(b) If the President determines that such action will simplify the computation of the amount of duty imposed with respect to an article, he may exceed the limitation provided by section 101(b) or subsection (a) of this section by not more than whichever of the following is lesser: (1) the difference between the limitation and the next lower whole number, or (2) one-half of 1 percent ad valorem. du^tio^n'^^effective (^) (1) ^ ^ Teduction m the rate of duty on any article pursuant to date! "' ^ "" ^^ r* trade agreement under section 101 shall take effect more than 10 years after the effective date of the first reduction proclaimed to carry out such trade agreement with respect to such article. (2) If any part of a reduction takes effect, then any time thereafter during which such p a i t of the reduction is not in effect by reason of legislation of the United States or action thereunder, the effect of which is to maintain or increase the rate of duty on an article, shall be excluded in determining— (A) the 1-year intervals referred to in subsection (a)(2), and (B) the expiration of the 10-year period referred to in paragraph (1) of this subsection.

CHAPTER 2—OTHER AUTHORITY 19 USC 2131.

8 usT 1767. 8 UST 1786.

SEC. 121. STEPS TO BE TAKEN TOWARD GATT REVISION; AUTHORIZATION OF APPROPRIATIONS FOR GATT.

(a) The President shall, as soon as practicable, take such action as may be necessary to bring trade agreements heretofore entered into, and the application thereof, into conformity with principles promoting the development of an open, nondiscriminatory, and fair world economic system. The action and principles referred to in the preceding sentence include, but are not limited to, the following— (1) the revision of decisionmaking procedures in the General Agreement on Tariffs and Trade (hereinafter in this subsection referred to as "GATT") to more nearly reflect the balance of economic interests, (2) the revision of article X IX of the G A T T into a truly international safeguard procedure which takes into account all forms of import restraints countries use in response to injurious competition or threat of such competition, (3) the extension of G A T T articles to conditions of trade not presently covered in order to move toward more fair trade practices, (4) the adoption of international fair labor standards and of public petition and confrontation procedures in the GATT, (5) the revision of G A T T articles with respect to the treatment of border adjustments for internal taxes to redress the disadvantage to countries relying primarily on direct rather than indirect taxes for revenue needs, (6) the revision of the balance-of-payments provision in the G A T T articles so as to recognize import surcharges as the preferred means by which industrial countries may handle balanceof-payments deficits insofar as import restraint measures are required, (7) the improvement and strengthening of the provisions of G A T T and other international agreements governing access to supplies of food, raw materials, and manufactured or semimanufactured products, including rules and procedures governing the imposition of export controls, the denial of fair and equitable access to such supplies, and effective consultative procedures on problems of supply shortages.

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(8) the extension of the provisions of G A T T or other international agreements to authorize multilateral procedures by contracting parties with respect to member or nonmember countries which deny fair and equitable access to supplies of food, raw materials, and manufactured or semi-manufactured products, and thereby substantially injure the international community, (9) any revisions necessary to establish procedures for regular consultation among countries and instrumentalities with respect to international trade and procedures to adjudicate commercial disputes among such countries or instrumentalities, (10) any revisions necessary to apply the principles of reciprocity and nondiscrimination, including the elimination of special preferences and revei"se preferences, to all aspects of international trade, (11) any revisions necessary to define the forms of subsidy to industries producing products for export and the forms of subsidy to attract foreign investment which are consist/ent with an open, nondiscriminatory, and fair system of international trade, and (12) consistent with the provisions of section 107, any revisions necessary to establish within the G A T T an international agreements on articles (including footwear), including the creation of regular and institutionalized mechanisms for the settlement of disputes, and of a surveillance body to monitor all international shipments in such articles. (b) The President shall, to the extent feasible, enter into agreements with foreign countries or instrumentalities to establish the principles described in subsection (a) with respect to international trade between the United States and such countries or instrumentalities. (c) If the President enters into a trade agreement which establishes rules or procedures, including those set forth in subsection (a), promoting the development of an open, nondiscriminatory, and fair world economic system and if the implementation of such agreement will change any provision of Federal law (including a material change in an administrative rule), such agreement shall take effect with respect to the United States only if the appropriate implementing legislation is enacted by the Congress unless implementation of such agreement is effected pursuant to authority delegated by Congress. Such trade agreement may be submitted to the Congress for approval in accordance with the procedures of section 151. Nothing in this section shall be construed as prior approval of any legislation necessary to implement a trade agreement entered into under this section. (d) There are authorized to be appropriated annually such sums as may be necessary for the payment by the United States of its share of the expenses of the Contracting Parties to the General Agreement on Tariffs and Trade. This authorization does not imply approval or disapproval by the Congress of all articles of the General Agreement on Tariffs and Trade. SEC. 122. BALANCE-OF-PAYMENTS AUTHORITY.

(a) Whenever fundamental international payments problems require special import measures to restrict imports— (1) to deal with large and serious United States balance-ofpayments deficits, (2) to prevent an imminent and significant depreciation of the dollar in foreign exchange markets, or (3) to cooperate with other countries in correcting an international balance-of-payments disequilibrium, the President shall proclaim, for a period not exceeding 150 days (unless such period is extended by Act of Congress) —

Ante,

p. 1935.

8 UST 1767.

Trade agreement e s t a b l i s h i n g rules or procedures.

Submittal to Congress. Post, p. 2 0 0 1.

Appropriation.

19 USC 2132. Import restrictions.

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i'^o!!''""

creases

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[88 STAT.

(A) a temporary import surcharge, not to exceed 15 percent ad valorem, in the form of duties (in addition to those already imposed, if any) on articles imported into the United States; (B) temporary limitations through the use of quotas on the importation of articles into the United States; or (C) both a temporary import surcharge described in subparagraph (A) and temporary limitations described in subparagraph (B). The authority delegated under subparagraph (B) (and so much of subparagraph (C) as relates to subparagraph (B)) may be exercised (i) only if international trade or monetary agreements to which the United States is a party permit the imposition of quotas as a balanceof-payments measure, and (ii) only to the extent that the fundamental imbalance cannot be dealt with effectively by a surcharge proclaimed pursuant to subparagraph (A) or (C). Any temporary import surcharge proclaimed pursuant to subparagraph (A) or (C) shall be treated as a regular customs duty. (b) If the President determines that the imposition of import restrictions under subsection (a) will be contrary to the national interest of the United States, then he may refrain from proclaiming such restrictions and he shall— (1) immediately inform Congress of his determination, and (2) immediately convene the group of congressional official advisers designated under section 161(a) and consult with them as to the reasons for such determination. (^) Whenever the President determines that fundamental international payments problems require special import measures to increase imports— (1) to deal with large and persistent United States balanceof-trade surpluses, as determined on the basis of the costinsurance-freight value of imports, as reported by the Bureau of the Census, or (2) to prevent significant appreciation of the dollar in foreign exchange markets. the President is authorized to proclaim, for a period of 150 days (unless such period is extended by Act of Congress) — (A) a temporary reduction (of not more than 5 percent ad valorem) in the rate of duty on any article; and (B) a temporary increase in the value or quantity of articles which may be imported under any import restriction, or a temporary suspension of any import restriction. Import liberalizing actions proclaimed pursuant to this subsection shall be of broad and uniform application with respect to product coverage except that the President shall not proclaim measures under this subsection with respect to those articles where in his judgment such action will cause or contribute to material injury to firms or workers in any domestic industry, including agriculture, mining, fishing, or commerce, or to impairment of the national security, or will otherwise be contrary to the national interest. (d)(1) Import restricting actions proclaimed pursuant to subsection (a) shall be applied consistently with the principle of nondiscriminatory treatment. I n addition, any quota proclaimed pursuant to subparagraph (B) of subsection (a) shall be applied on a basis which aims at a distribution of trade with the United States approaching as closely as possible that which various foreign countries might have expected to obtain in the absence of such restrictions.

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(2) Notwithstanding paragraph (1), if the President determines that the purposes of this section will best be served by action against one or more countries having large or persistent balance-of-payments surpluses, he may exempt all other countries from such action. (3) After such time when there enters into force for the United States new rules regarding the application of surcharges as part of a reform of internationaly agreed balance-of-payments adjustment procedures, the exemption authority contained in paragraph (2) shall be applied consistently with such new international rules. (4) I t is the sense of Congress that the President seek modifications in international agreements aimed at allowing the use of surcharges in place of quantitative restrictions (and providing rules to govern the use of such surcharges) as a balance-of-payments adjustment measure within the context of arrangements for an equitable sharing of balance-of-payments adjustment responsibility among deficit and surplus countries. (e) Import restricting actions proclaimed pursuant to subsection (a) shall be of broad and uniform application with respect to product coverage except where the President determines, consistently with the purposes of this section, that certain articles should not be subject to import restricting actions because of the needs of the United States economy. Such exceptions shall be limited to the unavailability of domestic supply at reasonable prices, the necessary importation of raw materials, avoiding serious dislocations in the supply of imported goods, and other similar factors. In addition, uniform exceptions may be made where import restricting actions will be unnecessary or ineffective in carrying out the purposes of this section, such as with respect to articles already subject to import restrictions, goods in transit, or goods under binding contract. Neither the authorization of import restricting actions nor the determination of exceptions w4th respect to product coverage shall be made for the purpose of protecting individual domestic industries from import competition. (f) Any quantitative limitation proclaimed pursuant to subpara- Quantitative graph (B) or (C) of subsection (a) on the quantity or value, or both, ^"Jf'°"'^'"'"''^^" of an article— (1) shall permit the importation of a quantity or value which is not less than the quantity or value of such article imported into the United States from the foreign countries to which such limitation applies during the most recent period which the President determines is representative of imports of such article, and (2) shall take into account any increase since the end of such representative period in domestic consumption of such article and like or similar articles of domestic manufacture or production. (g) The President may at any time, consistent with the provisions of this section, suspend, modify, or terminate, in whole or in part, any proclamation under this section either during the initial 150-day period of effectiveness or as extended by subsequent Act of Congress. (h) No provision of law authorizing the termination of tariff concessions shall be used to impose a surcharge on imports into the United States. SEC. 123. COMPENSATION AUTHORITY. 19 USC 2133. (a) Whenever any action has been taken under section 203 to Post. p. 2015. increase or impose any duty or other import restriction, the President— (1) may enter into trade agreements with foreign countries or instrumentalities for the purpose of granting new concessions as

38-194 O - 76 - 43 Pt. 2

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compensation in order to maintain the general level of reciprocal and mutually advantageous concessions; and (2) may proclaim such modification or continuance of any existing duty, or such continuance of existing duty-free or excise treatment, as he determines to be required or appropriate to carry out any such agreement. (b)(1) No proclamation shall be made pursuant to subsection (a) decreasing any rate of duty to a rate which is less than 70 percent of the existing rate of duty. (2) Where the rate of duty in effect at any time is an intermediate stage under section 109, the proclamation made pursuant to subsection (a) may provide for the reduction of each rate of duty at each such stage proclaimed under section 101 by not more than 30 percent of such rate of duty, and may provide for a final rate of duty which is not less than 70 percent of the rate of duty proclaimed as the final stage under section 101. (3) If the President determines that such action will simplify the computation of the amount of duty imposed with respect to an article, he may exceed the limitations provided by paragraphs (1) and (2) of this subsection by not more than the lesser of— (A) the difference between such limitation and the next lower whole number, or (B) one-half of 1 percent ad valorem. (4) Any concessions granted under subsection (a)(1) shall be reduced and terminated according to substantially the same time schedule for reduction applicable to the relevant import relief under section Post, p. 2015.

203(h).

(c) Before entering into any trade agreement under this section with any foreign country or instrumentality, the President shall consider whether such country or instrumentality has violated trade concessions of benefit to the United States and such violation has not been adequately offset by the action of the United States or by such country or instrumentality. (d) Notwithstanding the provisions of subsection (a), the authority delegated under section 101 shall be used for the purpose of granting new concessions as compensation within the meaning of this section until such authority terminates. 19 USC 2134.

SEC. 124. TWO-YEAR RESIDUAL AUTHORITY TO NEGOTIATE DUTIES.

(a) Whenever the President determines that any existing duties or other import restrictions of any foreign country or the United States are unduly burdening and restricting the foreign trade of the United States and that the purposes of this Act will be promoted thereby, the President— (1) may enter into trade agreements with foreign countries or instrumentalities thereof, and (2) may proclaim such modification or continuance of any existing duty, such continuance of existing duty-free or excise treatment, or such additional duties, as he determines to be required or appropriate to carry out any such trade agreement. (b) Agreements entered into under this section in any 1-year period shall not provide for the reduction of duties, or the continuance of duty-free or excise treatment, for articles which account for more than 2 percent of the value of United States imports for the most recent 12-month period for which import statistics are available.

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(c)(1) No proclamation shall be made pursuant to subsection (a) decreasing any rate of duty to a rate which is less than 80 percent of the existing rate of duty. (2) No proclamation shall be made pursuant to subsection (a) decreasing or increasing any rate of duty to a rate which is lo^ver or higher than the corresponding rate which would have resulted if the maximum authority granted by section 101 with respect to such article had been exercised. (3) Where the rate of duty in effect at any time is an intermediate stage under section 109, the proclamation made pursuant to subsection (a) may provide for the reduction of each rate of duty at each such stage proclaimed under section 101 by not more than 20 percent of such rate of duty, and, subject to the limitation in paragraph (2), may provide for a final rate of duty which is not less than 80 percent of the rate of duty proclaimed as the final stage under section 101. (4) If the President determines that such action will simplify the computation of the amount of duty imposed with respect to an article, he may exceed the limitations provided by paragraphs (1) and (2) of this subsection by not more than the lesser of— (A) the difference between such limitation and the next lower whole number, or (B) one-half of 1 percent ad valorem. (d) Agreements may be entered into under this section only during the 2-year period which immediately follows the close of the period during which agreements may be entered into under section 101. SEC. 125. TERMINATION AND WITHDRAWAL AUTHORITY.

(a) Ever^ trade agreement entered into under this Act shall be subject to termination, in whole or in part, or withdrawal, upon due notice, at the end of a period specified in the agreement. Such period shall be not more than 3 years from the date on which the agreement becomes effective. If the agreement is not terminated or withdrawn from at the end of the period so specified, it shall be subject to termination or withdrawal thereafter upon not more than 6 months' notice. (b) The President may at any time terminate, in whole or in part, any proclamation made under this Act. (c) "Whenever the United States, acting in pursuance of any of its rights or obligations under any trade agreement entered into pursuant to this Act, section 201 of the Trade Expansion Act of 1962, or section 350 of the Tariff Act of 1930, withdraws, suspends, or modifies any obligation with respect to the trade of any foreign country or instrumentality thereof, the President is authorized to proclaim increased duties or other import restrictions, to the extent, at such times, and for such periods as he deems necessary or appropriate, in order to exercise the rights or fulfill the oblig^ations of the United States. No proclamation shall be made under this subsection increasing any existing duty to a rate more than 50 percent above the rate set forth in rate column numbered 2 of the Tariff Schedules of the United States, as in effect on January 1, 1975, or 20 percent ad valorem above the rate existing on January 1, 1975, whichever is higher. (d) Whenever any foreign country or instrumentality withdraws, suspends, or modifies the application of trade agreement obligations of benefit to the United States without granting adequate compensation therefor, the President, in pursuance of rights granted to the United States under any trade agreement and to the extent necessary to protect United States economic interests (including United States balance of payments), may—

19 USC 2135.

19 USC 1821. ^^ ^^*^ ^^^*-

i^ use 1202.

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19 USC 1821. 19 USC 1351.

Presidential recommendat i o n s, transmittal to e o n g r e s s. Hearing.

19 USC 2136.

Recommendations to Con-

PUBLIC LAW 93-618-JAN. 3, 1975

[88

STAT.

(1) withdraw, suspend, or modify the application of substantially equivalent trade agreement obligations of benefit to such foreign country or instrumentality, and (2) proclaim under subsection (c) such increased duties or other import restrictions as are appropriate to effect adequate compensation from such foreign country or instrumentality. (e) Duties or other import restrictions required or appropriate to carry out any trade agreement entered into pursuant to this Act, section 201 of the Trade Expansion Act of 1962, or section 850 of the Tariff Act of 1930 shall not be affected by any termination, in whole or in part, of such agreement or by the withdrawal of the United States from such agreement and shall remain in effect after the date of such termination or withdrawal for 1 year, unless the President by proclamation provides that such rates shall be restored to the level at which they would be but for the agreement. Within 60 days after the date of any such termination or withdrawal, the President shall transmit to the Congress his recommendations as to the appropriate rates of duty for all articles which were affected by the termination or withdrawal or would have been so affected but for the preceding sentence. (f) Before taking any action pursuant to subsection (b), (c), or (d), the President shall provide for a public hearing during the course of which interested persons shall be given a reasonable opportunity to be present, to produce evidence, and to be heard, unless he determines that such prior hearings will be contrary to the national interest because of the need for expeditious action, in which case he shall provide for a public hearing promptly after such action. SEC. 126. RECIPROCAL NONDISCRIMINATORY TREATMENT.

(a) Except as otherwise provided in this Act or in any other provision of law, any duty or other import restriction or duty-free treatment proclaimed in carrying out any trade agreement under this title shall apply to products of all foreign countries, whether imported directly or indirectly. (b) The President shall determine, after the conclusion of all negotiations entered into under this Act or at the end of the 5-year period beginning on the date of enactment of this Act, whichever is earlier, whether any major industrial country has failed to make concessions under trade agreements entered into under this Act which provide competitive opportunities for the commerce of the United States in such country substantially equivalent to the competitive opportunities, provided by concessions made by the United States under trade agreements entered into under this Act, for the commerce of such country in the United States. (c) If the President determines under subsection (b) that a major industrial country has not made concessions under trade agreements entered into under this Act which provide substantially equivalent competitive opportunities for the commerce of the United States, he shall, either generally with respect to such country or by article produced by such country, in order to restore equivalence of competitive opportunities, recommend to the Congress— (1) legislation providing for the termination or denial of the benefits of concessions of trade agreements entered into under this Act made with respect to rates of duty or other import restrictions by the United States; and (2) that any legislation necessary to carry out any trade agreement under section 102 shall not apply to such country.

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(d) For purposes of this section, "major industrial country" means Canada, the European Economic Community, the individual member countries of such Community, Japan, and any other foreign country designated by the President for purposes of this subsection. SEC. 127. RESERVATION OF ARTICLES FOR NATIONAL SECURITY OR OTHER REASONS. (a) No proclamation shall be made pursuant to the provisions of this Act reducing or eliminating the duty or other import restriction on any article if the President determmes that such reduction or elimination would threaten to impair the national security. (b) While there is in effect with respect to any article any action taken under section 203 of this Act, or section 232 or 351 of the Trade Expansion Act of 1962 (19 U.S.C. 1862 or 1981), the President shall reserve such article from negotiations under this title (and from any action under section 122(c)) contemplating reduction or elimination of— (A) any duty on such article, (B) any import restriction imposed under such section, or (C) any other import restriction, the removal of which will be likely to undermine the effect of the import restrictions referred to in subparagraph (B). I n addition, the President shall also so reserve any other article which he determines to be appropriate, taking into consideration infonnation and advice available pursuant to and with respect to the matters covered by sections 131,132, and lo3, where applicable. (c) The President shall submit to the Congress an annual report on section 232 of the Trade Expansion Act of 1962. Within 60 days after he takes any action under such section 232, the President shall report to the Congress the action taken and the reasons therefor. (d) Section 232 of the Trade Expansion Act of 1962 is amended— (1) by striking out "Director of the Office of Emergency Planning (hereinafter in this section referred to as the 'Director') " in the first sentence of subsection (b) and inserting in lieu thereof "Secretary of the Treasury (hereinafter referred to as the 'Secretary')"; (2) by striking out "advice from other appropriate departments and agencies" in the first sentence of subsection (b) and inserting in lieu thereof "advice from, and shall consult with, the Secretary of Defense, the Secretary of Commerce, and other appropriate officers of the United States"; (3) by striking out the last sentence of subsection (b) and inserting in lieu thereof the following: "The Secretary shall, if it is appropriate and after reasonable notice, hold public hearings or otherwise afford interested parties an opportunity to present information and advice relevant to such investigation. The Secretary shall report the findings of his investigation under this subsection with respect to the effect of the importation of such article in such quantities or under such circumstances upon the national security and, based on such findings, his recommendation for action or inaction under this section to the President within one year after receiving an application from an interested party or otherwise beginning an investigation under this subsection. If the Secretary finds that such article is being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security, he shall so advise the President and the President shall take such action, and for

1993 ^^"Jf^'°'' '"'^ff """ country,

19 USC 2137.

19 USC 2137.

^°s^ p. 2015 '^"^^' ^- ^^^^

•^'^''o'con'^ris ^"[g usc°"86" 19 USC 1862. 19 USC 1862.

Hearings. ^ Report to Presi dent.

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^taport adjust-

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[88 STAT.

such time, as he deems necessary to adjust the imports of such article and its derivatives so that such imports will not threaten to impair the national security, unless the President determines that the article is not being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security."; and (4) by striking out "Director" each place it appears in subsections (c) and (d) and inserting in lieu thereof "Secretary".

CHAPTER 3—HEARINGS AND ADVICE CONCERNING NEGOTIATIONS 19 USC 2151.

SEC. 131. INTERNATIONAL TRADE COMMISSION ADVICE.

Lists of articles (a) l u councction with any proposed trade agreement under chaporu^ls^du^tfei"" ter 1 or section 123 or 124, the President shall from time to time publish and furnish the International Trade Commission (hereafter in this section referred to as the "Commission") with lists of articles which may be considered for modification or continuance of United States duties, continuance of United States duty-free or excise treatment, or additional duties. I n the case of any article with respect to which consideration may be given to reducing or increasing the rate of duty, the list shall specify the provision of this title pursuant to which such consideration may be given. (b) Within 6 months after receipt of such a list or, in the case of a list submitted in connection with a trade agreement authorized under section 123, within 90 days after receipt of such list, the Commission shall advise the President with respect to each article of its judgment as to the probable economic effect of modifications of duties on industries producing like or directly competitive articles and on consumers, so as to assist the President in making an informed judgment as to the impact which might be caused by such modifications on United States manufacturing, agriculture, mining, fishing, labor, and consumers. Such advice may include in the case of any article the advice of the Commission as to whether any reduction in the rate of duty should take place over a longer period than the minimum periods provided by section 109(a). and'^e^orts*'""^ (^) ^^ addition, in order to assist the President in his determination of whether to enter into any agreement under section 102, the Commission shall make such investigations and reports as may be requested by the President, including, where feasible, advice as to the probable economic effects of modifications of any barrier to (or other distortion of) international trade on domestic industries and purchasers and on prices and quantities of articles in the United States. Functions. ^^j^ jj^ preparing its advice to the President under this section, the Commission shall, to the extent practicable— (1) investigate conditions, causes, and effects relating to competition between the foreign industries producing the articles in question and the domestic industries producing the like or directly competitive articles; (2) analyze the production, trade, and consumption of each like or directly competitive article, taking into consideration employment, profit levels, and use of productive facilities with respect to the domestic industries concerned, and such other economic factors in such industries as it considers relevant, including prices, wages, sales, inventories, patterns of demand, capital

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investment, obsolescence of equipment, and diversification of production; (3) describe the probable nature and extent of any significant change in employment, profit levels, and use of productive facilities, and such other conditions as it deems relevant in the domestic industries concerned which it believes such modifications would cause; and (4) make special studies (including studies of real wages paid in foreign supplying countries), whenever deemed to be warranted, of particular proposed modifications affecting United States manufacturing, agriculture, mining, fishing, labor, and consumers, utilizing to the fullest extent practicable United States Government facilities abroad and appropriate personnel of the United States. (e) I n preparing its advice to the President under this section, the Commission shall, after reasonable notice, hold public hearings. SEC. 132. ADVICE FROM DEPARTMENTS AND OTHER SOURCES. Before any trade agreement is entered into under chapter 1 or section 123 or 124, the President shall seek information and advice with respect to such agreement from the Departments of Agriculture, Commerce, Defense, Interior, Labor, State and the Treasury, from the Special Representative for Trade Negotiations, and from such other sources as he may deem appropriate.

1995

H<^armgs. 19 USC 2is2.

SEC. 133. PUBLIC HEARINGS.

19 USC 2153.

(a) I n connection with any proposed trade agreement under chapter 1 or section 123 or 124, the President shall afford an opportunity for any interested person to present his views concerning any article on a list published pursuant to section 131, any article which should be so listed, any concession which should be sought by the United States, or any other matter relevant to such proposed trade agreement. For this purpose, the President shall designate an agency or an interagency committee which shall, after reasonable notice, hold public hearings and pi-escribe regulations governing the conduct of such hearings. (b) The organization holding- such hearins^s shall furnish the Presi-

summary to

•

dent with a summary thereof. SEC. 134. PREREQUISITES FOR OFFERS. In any negotiations seeking an agreement under chapter 1 or section 123 or 124, the President may make an offer for the modification or continuance of any United States duty, import restrictions, or barriers to (or other distortions of) international trade, the continuance of United States duty-free or excise treatment, or the imposition of additional duties, import restriction, or other barrier to (or other distortion of) international trade, with respect to any article only after he has received a summary of the hearings at which an opportunity to be heard with respect to such article has been afforded under section 133. In addition, the President may make an offer for the modification or continuance of any United States duty, the continuance of United States duty-free or excise treatment, or the imposition of additional duties, with respect to any article included in a list published and furnished under section 131(a), only after he has received advice concerning such article from the International Trade Commission under section 131(b), or after the expiration of the 6-month or 90-day period provided for in that section, as appropriate, whichever first occurs.

President

19 USC 2154.

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 1996 19 USC 2155.

Advisory Committee for Trade Negotiations, Establishment; membership.

Termination.

General policy advisory committees. Establishment.

Sector advisory committees. Establishment.

Meetings.

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SEC. 135. ADVICE FROM PRIVATE SECTOR.

(a) The President, in accordance with the provisions of this section, shall seek information and advice from representative elements of the private sector with respect to negotiating objectives and bargaining positions before entering into a trade agreement referred to in section 101 or 102. (b)(1) The President shall establish an Advisory Committee for Trade Negotiations to provide overall policy advice on any trade agreement referred to in section 101 or 102. The Committee shall be composed of not more than 45 individuals, and shall include representatives of government, labor, industry, agriculture, small business, service industries, retailers, consumer interests, and the general public. (2) The Committee shall meet at the call of the Special Representative for Trade Negotiations, who shall be the Chairman. The Committee shall terminate upon submission of its report required under subsection (e)(2). Members of the Committee shall be appointed by the President for a period of 2 years and may be reappointed for one or more additional periods. (3) The Special Representative for Trade Negotiations shall make available to the Committee such staff, information, personnel, and administrative services and assistance as it may reasonably require to carry out its activities. (c)(1) The President may, on his own initiative or at the request of organizations representing industry, labor, or agriculture, establish general policy advisory committees for industry, labor, and agriculture, respectively, to provide general policy advice on any trade agreement referred to in section 101 or 102. Such committees shall, insofar as practicable, be representative of all industry, labor, or agricultural interests (including small business interests), respectively, and shall be organized by the President acting through the Special Representative for Trade Negotiations and the Secretaries of Commerce, Labor, and Agriculture, as appropriate. (2) The President shall, on his own initiative or at the request of organizations in a particular sector, establish such industry, labor, or agricultural sector advisory committees as he determines to be necessary for any trade negotiations referred to in section 101 or 102. Such committees shall, so far as practicable, be representative of all industry, labor, or agricultural interests including small business interests in the sector concerned. In organizing such committees the President, acting through the Special Representative for Trade Negotiations and the Secretary of Commerce, Labor, or Agriculture, as appropriate, (A) shall consult with interested private organizations, and (B) shall take into account such factors as patterns of actual and potential competition between United States industry and agriculture and foreign enterprise in international trade, the character of the nontariff barriers and other distortions affecting such competition, the necessity for reasonable limits on the number of such product: sector advisory committees, the necessity that each committee be reasonably limited in size, and that the product lines covered by each committee be reasonably related. (cl) Committces established pursuant to subsection (c) shall meet at the call of the Special Representative for Trade Negotiations, before and during any trade negotiations, to provide the following: (1) policy advice on negotiations; (2) technical advice and information on negotiations on particular products both domestic and foreign; and

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(3) advice on other factors relevant to positions of the United States in trade negotiations. (e)(1) The Advisory Committee for Trade Negotiations, each P rReports, to e s i d e n t Conappropriate policy advisory committee, and each sector advisory com- g r e s s, and Special Re resen mittee, if the sector which such committee represents is affected, shall for pTrade t a t i v e Negomeet at the conclusion of negotiations for each trade agreement entered t i a t i o n s. into under this Act, to provide to the President, to Congress, and to the Special Representative for Trade Negotiations a report on such agreement. The report of the Advisory Committee for Trade Negotiations and each appropriate policy advisory committee shall include an advisory opinion as to whether and to what extent the agreement promotes the economic interests of the United States and the report of the appropriate sector committee shall include an advisory opinion as to whether the agreement provides for equity and reciprocity within the sector. (2) The Advisory Committee for Trade Negotiations, each policy g report to Coness. advisory committee, and each sector advisory committee shall issue a report to the Congress as soon as is practical after the end of the period which ends 5 years after the date of enactment of this Act. The report of the Advisory Committee for Trade Negotiations and each policy advisory committee shall include an advisory opinion as to whether and to what extent trade agreements entered into under this Act, taken as a whole, serve the economic interests of the United States. The report of each sector advisory committee shall include an advisory opinion on the degree to which trade agreements entered into under this Act which affect the sector represented by each such committee, taken as a whole, provide for equity and reciprocity within that sector. (f) The provisions of the Federal Advisory Committee Act (Public 5 USC app. L Law 92-463) shall apply— (1) to the Advisory Committee for Trade Negotiations established pursuant to subsection (b); and (2) to all other advisory committees which may be established pursuant to subsection (c); except that the meetings of advisory groups established under subsection (c) shall be exempt from the requirements of subsections (a) and (b) of section 10 and section 11 of the Federal Advisory Committee Act (relating to open meetings, public notice, public participation, and public availability of documents), whenever and to the extent it is determined by the President or his designee that such meetings will be concerned with matters the disclosure of which would seriously compromise the Government's negotiating objectives or bargaining positions on the negotiation of any trade agreement. (g)(1)(A) Trade secrets and commercial or financial information confidimfaf in. which is privileged or confidential, submitted in confidence by the formation. private sector to officers or employees of the United States in connection with trade negotiations, shall not be disclosed to any person other than to— (i) officers and employees of the United States designated by the Special Representative for Trade Negotiations, and (ii) members of the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate who are accredited as official advisers under section 161 (a) or are designated by the chairman of either such committee under section 161(b)(2), and members of the staff of either such Post, p. 2008, committee designated by the chairman under section 161(b)(2), for use in connection with negotiation of a trade agreement referred to in section 101 or 102.

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[38 STAT.

tiaTi'nformation"' ^^^ Information, other than that described in paragraph (A), and advice. ^nd advicB submitted in confidence by the private sector to officers or employees of the United States, to the Advisory Committee for Trade Negotiations or to any advisory committee established under subsection (c), in connection with trade negotiations, shall not be disclosed to any person other than— (i) the individuals described in subparagraph (A), and (ii) the appropriate advisory committees established under this section. Rules governing ^2) Information submitted in confi.dence by officers or employees of clo^s^e.'"" '^ the United States to the Advisory Committee for Trade Negotiations, or to any advisory committee established under subsection (c), shall not be disclosed other than in accordance with rules issued by the Special Representative for Trade Negotiations and the Secretary of Commerce, Labor or Agriculture, as appropriate, after consultation with the relevant advisory committees established under subsection (c). Such rules shall define the categories of information which rec[uire restricted or confidential handling by such committee considering the extent to which public disclosure of such information can reasonably be expected to prejudice United States negotiating objectives. Such rules shall, to the maximum extent feasible, permit meaningful consultations by advisory committee members with persons afi'ected by proposed trade agreements. Staff, informa(h) The Special Representative for Trade Negotiations, and the tion, personnel, Secretary of Commerce, Labor, or Agriculture, as appropriate, shall services and assistance to adprovide such staff, information, personnel, and administrative services visory committees. and assistance to advisory committees established pursuant to subsection (c) as such committees may reasonably require to carry out their activities. Procedures for (i) I t shall be the responsibility of the Special Representative for consultation. Trade Negotiations, in conjunction with the Secretary of Commerce, Labor, or Agriculture, as appropriate, to adopt procedures for consultation with and obtaining information and advice from the advisory committees established pursuant to subsection (c) on a continuing and timely basis, both during preparation for negotiations and actual negotiations. Such consultation shall include the provision of information to each'advisory committee as to (1) significant issues and developments arising in preparation for or in the course of such negotiations, and (2) overall negotiating objectives and positions of the United States and other parties to the negotiations. The Special Representative for Trade Negotiations shall not be bound by the advice or recommendations of such advisory committees but the Special Representative for Trade Negotiations shall inform the advisory committees of failures to accept such advice or recommendations, and the President Post, p. 2009. shall include in his statement to the Congress, required by section 163, ^''p°'^'a report by the Special Representative for Trade Negotiations on consultation with such committees, issues involved in such consultation, and the reasons for not accepting advice or recommendations. (j) I n addition to any advisory committee established pursuant to this section, the President shall provide adequate, timely and continuing opportunity for the submission on an informal and, if such information is submitted under the provisions of subsection (g), confidential basis by private organizations or groups, representing labor, industry, agriculture, small business, service industries, consumer interests, and others, of statistics, data, and other trade information, as well as policy recommendations, pertinent to the negotiation of any trade agreement referred to in section 101 or 102.

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(k) Nothing contained in this section shall be construed to authorize or permit any individual to participate directly in any negotiation of any trade agreement referred to in section 101 or 102.

CHAPTER 4—OFFICE OF THE SPECIAL REPRESENTATIVE FOR TRADE NEGOTIATIONS SEC. 141. OFFICE OF THE SPECIAL REPRESENTATIVE FOR TRADE NEGOTIATIONS.

(a) There is established within the Executive Office of the Presi- fg^usc^2'm"' dent the Office of the Special Representative for Trade Negotiations (hereinafter in this section referred to as the "Office"). (b)(1) The Office shall be headed by the Special Representative J^^l^-^l %''^^"^' for Trade Negotiations who shall be appointed by the President, by Trade Negotiaand with the advice and consent of the Senate, As an exercise of the i^°ns. rulemaking power of the Senate, any nomination of the Special liep- ^^ "^^ ^^^^• resentative for Trade Negotiations submitted to the Senate for confirmation, and referred to a committee, shall be referred to the Committee on P^inance. The Special Representative for Trade Negotiations shall hold office at the pleasure of the President, shall be entitled to receive the same allowances as a chief of mission, and shall have the rank of Ambassador Extraordinary and Plenipotentiary. (2) There shall be in the Office two Deputy Special Representatives Deputy special for Trade Negotiations who shall be appointed by the President, by forTrad" Nego-^ and with the advice and consent of the Senate. As an exercise of the tiations. rulemaking powder of the Senate, any nomination of a Deputy Special Representative submitted to the Senate for confirmation, and referi-ed to a committee, shall be referred to the Committee on Finance. Eacli Deputy Special Representative for Trade Negotiations shall hold office at the pleasure of the President and shall have the rank of Ambassador. (3)(A) Section 5312 of title 5, United States Code, is auiended by adding at the end thereof the following new paragraph: "(13) Special Representative for Trade Negotiations." (B) Section 5314 of such title is amended by adding at the end ^ use 5314. thereof the following new paragraph: "(60) Deputy Special Representatives for Trade Negotiations (2)." (c)(1) The Special Representative for Trade Negotiations shall— fg^u'sc'Ti" (A) be the chief representative of the United States for each trade negotiation under this title or section 301; Post, p. 2041. (B) report directly to the President and the Congress, and be Report to Presiresponsible to the President and the Congress for the administra- '^''"' ^""^ congress tion of trade agreements programs under this Act, the Trade Expansion Act of 1962, and section 350 of the Tariff Act of 1930; J^l \l^5i^^^ (C) advise the President and Congress with respect to nontariff barriers to international trade, international commodity agreements, and other matters which are related to the trade agreements programs; (D) be responsible for making reports to Congress with respect ^^8^^°"^'^ '° *^°"' to the matter set forth in subparagraphs (A) and (B); (E) be chairman of the interagency trade organization established pursuant to section 242(a) of the Trade Expansion Act of 1962; and 19 USC 1872. (F) be responsible for such other functions as the President may direct.

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 2000

Experts and consultants.

5 USC 5332 note.

Rules and regulations.

Contracts, l e a s e s, or cooperative agreements.

Official s e a l. Consultation with Federal agencies.

Appropriation.

Office of Special Representative s for Trade Negotiations, abolishment. 19 USC 1801 note. Transfer of funds.

PUBLIC LAW 93-618-JAN. 3, 1975

[88

STAT.

(2) Each Deputy Special Representative for Trade Negotiation shall have as his principal function the conduct of trade negotiations under this Act and shall have such other functions as the Special Representative for Trade Negotiations may direct. (d) The Special Representative for Trade Negotiations may, for the purpose of carrying out his functions under this section— (1) subject to the civil service and classification laws, select, appoint, employ, and fix the compensation of such officers and employees as are necessary and prescribe their authority and duties; (2) employ experts and consultants in accordance with section 3109 of title 5, United States Code, and compensate individuals so employed for each day (including traveltime) at rates not in excess of the maximum rate of pay for grade GS-18 as provided in section 5332 of title 5, United States Code, and while such experts and consultants are so serving away from their homes or regular place of business, to pay such employees travel expenses and per diem in lieu of subsistence at rates authorized by section 5703 of title 5, United States Code, for persons in Government service employed intermittently; (3) promulgate such rules and regulations as may be necessary to carry out the functions vested in him; (4) utilize, with their consent, the services, personnel, and facilities of other Federal agencies; (5) enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary in the conduct of the work of the Office and on such terms as the Special Representative for Trade Negotiations may deem appropriate, with any agency or instrumentality of the United States, or with any public or private person, firm, association, corporation, or institution; (6) accept voluntary and uncompensated services, notwithstanding the provisions of section 3679(b) of the Revised Statutes (31 U.S.C. 6 6 5 (b)); and (7) adopt an official seal, which shall be judicially noticed. (e) The Special Representative for Trade Negotiations shall, to the extent he deems it necessary for the proper administration and execution of the trade agreements programs of the United States, draw upon the resources of, and consult with, Federal agencies in connection with the performance of his functions. (f) There are authorized to be appropriated to the Office of Special Representative for Trade Negotiations such amounts as may be necessary for the purpose of carrying out its functions for fiscal year 1976 and each fiscal year thereafter any part of which is within the 5-year period beginning on the date of the enactment of this Act. (g)(1) The Office of Special Representative for Trade Negotiations established under Executive Order No. 11075 of January 15, 1963, as amended, is abolished. (2) The assets, liabilities, contracts, property, and records and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, or available to such Office arc transferred to the Office of Special Representative for Trade Negotiations established under subsection (a) of this section. (h)(1) Any individual who holds the position of Special Representative for Trade Negotiations or a position as Deputy Special Representative for Trade Negotiations on the day before the date of

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enactment of this Act and who has been appointed by and with the advice and consent of the Senate may continue to hold such position without regard to the first sentence of paragraph (1) of subsection (b), or the first sentence of paragraph (2) of subsection (b), as the case may be. (2) All personnel who on the day before the date of the enactment gonn^"^^^'' °^ ^"~ of this Act are employed by the Office of the Special Representative for Trade Negotiations established by Executive Order No. 11075 19 of January 15, 1963, as amended, are hereby transferred to the Office. note. u s e 1801

CHAPTER 5—CONGRESSIONAL PROCEDURES WITH RESPECT TO PRESIDENTIAL ACTIONS SEC. 151. BILLS LMPLEMENTING TRADE AGREEMENTS ON NONTARIFF BARRIERS AND RESOLUTIONS APPROVING COMMERCIAL AGREEMENTS WITH COMMUNIST COUNTRIES. (a) RULES OF HOUSE OF REPRESENTATIVES AND SENATE.—This section

and sections 152 and 153 are enacted by the Congress— (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of implementing bills described in subsection (b)(1), implementing revenue bills described in subsection (b)(2), approval resolutions described in subsection (b)(3), and resolutions described in subsections 152(a) and 153(a); and they supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. (b) DEFINITIONS.—For purposes of this section— (1) The term "implementing bill" means only a bill of either House of Congress which is introduced as provided in subsection (c) with respect to one or more trade agreements submitted to the House of Representatives and the Senate under section 102 and which contains— (A) a provision approving such trade agreement or agreements, (B) a provision approving the statement of administrative action (if any) proposed to implement such trade agreement or agreements, and (C) if changes in existing laws or new statutory authority is required to implement such trade agreement or agreements, provisions, necessary or appropriate to implement such trade agreement or agreements, either repealing or amending existing laws or providing new statutory authority. (2) The term "implementing revenue bill" means an implementing bill which contains one or more revenue measures by reason of which it must originate in the House of Representatives. (3) The term "approval resolution" means only a concurrent resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: "That the Congress

19 USC 2191.

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approves the extension of nondiscriminatory treatment with respect to the products of transmitted by the President to the Congress on .", the first blank space being filled with the name of the country involved and the second blank space being filled with the appropriate date. (c)

mlnt'^ ^'""'' Ante, p. 1982.

Bilateral comment. Post, p. 2056.

INTRODUCTION AND REFERRAL.—

^^^ ^ ^ ^^® ^^y ° ^ which a trade agreement is submitted to the House of Representatives and the Senate under section 102, the implementing bill submitted by the President with respect to such trade agreement shall be introduced (by request) in the House by the majority leader of the House, for himself and the minority leader of the House, or by Members of the House designated by the majority leader and minority leader of the House; and shall be introduced (by request) in the Senate by the majority leader of the Senate, for himself and the minority leader of the Senate, or by Members of the Senate designated by the majority leader and minority leader of the Senate. If either House is not in session on the day on which such a trade agreement is submitted, the implementing bill shall be introduced in that House, as provided in the preceding sentence, on the first day thereafter on which that House is in session. Such bills shall be referred by the Presiding Officers of the respective Houses to the appropriate committee, or, in the case of a bill containing provisions within the jurisdiction of two or more committees, jointly to such committees for consideration of those provisions within their respective jurisdictions. ^2) Ou the day ou which a bilateral commercial agreement, entered into under title IV of this Act after the date of the enactment of this Act, is transmitted to the House of Representatives and the Senate, an approval resolution with respect to such agreement shall be introduced (by request) in the House by the majority leader of the House, for himself and the minority leader of the House, or by Members of the House designated by the majority leader and minority leader of the House; and shall be introduced (by request) in the Senate by the majority leader of the Senate, for himself and the minority leader of the Senate, or by Members of the Senate designated by the majority leader and minority leader of the Senate. If either House is not in session on the day on which such an agreement is transmitted, the approval resolution with respect to such agreement shall be introduced in that House, as provided in the preceding sentence, on the first day thereafter on which that House is in session. The approval resolution introduced in the House shall be referred to the Committee on Ways and Means and the approval resolution introduced in the Senate shall be referred to the Committee on Finance. (d) AMENDMENTS PROHIBITED.—No amendment to an implementing

bill or approval resolution shall be in order in either the House of Representatives or the Senate; and no motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House for the Presiding Officer to entertain a request to suspend the application of this subsection by unanimous consent. (e) PERIOD FOR COMMII^TEE AND FLOOR CONSIDERATION.—

(1) Except as provided in paragraph (2), if the committee or committees of either House to which an implementing bill or approv9,l resolution has been referred have not reported it at the

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close of the 45th day after its introduction, such committee or committees shall be automatically discharged from further consideration of the bill or resolution and it shall be placed on the appropriate calendar. A vote on final passage of the bill or resolution shall be taken in each House on or before the close of the 15th day after the bill or resolution is reported by the committee or committees of that House to which it was referred, or after such committee or committees have been discharged from further consideration of the bill or resolution. If prior to the passage by one House of an implementing bill or approval resolution of that House, that House receives the same implementing bill or approval resolution from the other House, then— (A) the procedure in that House shall be the same as if no implementing bill or approval resolution had been received from the other House; but (B) the vote on final passage shall be on the implementing bill or approval resolution of the other House. (2) The provisions of paragraph (1) shall not apply in the rev'^nueTnis"^ Senate to an implementing revenue bill. An implementing revenue bill received from the House shall be referred to the appropriate committee or committees of the Senate. If such committee or committees have not reported such bill at the close of the 15th day after its receipt by the Senate (or, if later, before the close of the 45th day after the corresponding implementing revenue bill was introduced in the Senate), such committee or committees shall be automatically discharged from further consideration of such bill and it shall be placed on the calendar. A vote on final passage of such bill shall be taken in the Senate on or before the close of the 15th day after such bill is reported by the committee or committees of the Senate to which it was referred, or after such committee or committees have been discharged from further consideration of such bill. (3) For purposes of paragraphs (1) and (2), in computing a number of days in either House, there shall be excluded any day on which that House is not in session. (f)

Fix)OR CONSIDERATION I N THE H O U S E. —

(1) A motion in the House of Representatives to proceed to the consideration of an implementing bill or approval resolution shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (2) Debate in the House of Representatives on an implementing bill or approval resolution shall be limited to not more than 20 hours, which shall be divided equally between those favoring and those opposing the bill or resolution. A motion further to limit debate shall not be debatable. I t shall not be in order to move to recommit an implementing bill or approval resolution or to move to reconsider the vote by which an implementing bill or approval resolution is agreed to or disagreed to. (3) Motions to postpone, made in the House of Representatives with respect to the consideration of an implementing bill or approval resolution, and motions to proceed to the consideration of other business, shall be decided without debate. (4) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the

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procedure relating to an implementing bill or approval resolution shall be decided without debate. (5) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of an implementing bill or approval resolution shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions in similar circumstances, (g) FLOOR CONSIDERATION I N THE SENATE.—•

19 USC 2192.

(1) A motion in the Senate to proceed to the consideration of an implementing bill or approval resolution shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (2) Debate in the Senate on an implementing bill or approval resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (3) Debate in the Senate on any debatable motion or appeal in connection with an implementing bill or approval resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill or resolution, except that in the event the manager of the bill or resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of an implementing bill or approval resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. (4) A motion in the Senate to further Ihnit debate is not debatable. A motion to recommit an implementing bill or approval resolution is not in order. SEC, 152. RESOLUTIONS DISAPPROVING CERTAIN ACTIONS. (a)

"Resolution."

Post, p. 2015.

CONTENTS or RESOLUTIONS.—

^;j^^ Yov purposes of this section, the term "resolution" means only— (A) a concurrent resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: "That the Congress does not approve transmitted to the Congress on .", the first blank space being filled in accordance with paragraph (2) and the second blank space being filled with the appropriate date; and (B) a resolution of either House of the Congress, the matter after the resolving clause of which is as follows: "That the does not approve transmitted to the Congress on ."', with the first blank space being filled with the name of the resolving House, the second blank space being filled in accordance with paragraph (3), and the third blank space being filled with the appropriate date. (2) The first blank space referred to in paragraph (1)(A) shall be filled as follows: ^ ^) ijj ^i^g Q^gQ^ fyf Q resolution referred to in section 203(c), ^ with the phrase "the action taken by, or the determination of, the President under section 203 of the Trade Act of 1974"; and

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(B) in the case of a resolution referred to in section 302(b), with the phrase "the action taken by the President under section 301 of the Trade Act of 1974". (3) The second blank space referred to in paragraph (1)(B) shall be filled as follows: (A) in the case of a resolution referred to in section 303(e) of the Tariff Act of 1930, with the phrase "the determination of the Secretary of the Treasury under section 303(d) of the Tariff Act of 1930"; (B) in the case of a resolution referred to in section 407 (c)(2), with the phrase "the extension of nondiscriminatory treatment with respect to the products of " (with this blank space being filled with the name of the country involved); and (C) in the case of a resolution referred to in section 407(c)(3), with the phrase "the report of the President submitted under section of the Trade Act of 1974 with respect to —" (with the first blank space being filled with "402(b)" or "409(b)", as appropriate, and the second blank space being filled with the name of the country involved). (b) REFERENCE TO COMMITTEES.—All resolutions introduced in the House of Representatives shall be referred to the Committee on Ways and Means and all resolutions introduced in the Senate shall be referred to the Committee on Finance. (c)

DISCHARGE or COMMITTEES.—

(1) If the committee of either House to which a resolution has been referred has not reported it at the end of 30 days after its introduction, not counting any day which is excluded under section 153(b), it is in order to move either to discharge the committee from further consideration of the resolution or to discharge the committee from further consideration of any other resolution introduced with respect to the same matter, except no motion to discharge shall be in order after the committee has reported a resolution with respect to the same matter. (2) A motion to discharge under paragraph (1) may be made only by an individual favoring the resolution, and is highly privileged in the House and privileged in the Senate; and debate thereon shall be limited to not more than 1 hour, the time to be divided in the House equally between those favoring and those opposing the resolution, and to be divided in the Senate equally between, and controlled by, the majority leader and the minority leader or their designees. A n amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (d)

FLOOR CONSIDERATION IN THE HOUSE.—

(1) A motion in the House of Representatives to proceed to the consideration of a resolution shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (2) Debate in the House of Representatives on a resolution shall be limited to not more than 20 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate shall not be debatable. No

38-194 O - 76 -44 Pt. 2

2005 ''°^*' P- ^O^^. Post, p. 2041.

19 USC 1303.

Post,

p. 2063.

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amendment to, or motion to recommit, the resolution shall be in order. I t shall not be in order to move to reconsider the vote by which a resolution is agreed to or disagreed to. (3) Motions to postpone, made in the House of Representatives with respect to the consideration of a resolution, and motions to proceed to the consideration of other business, shall be decided without debate. (4) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a resolution shall be decided without debate. (5) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a resolution in the House of Representatives shall be governed by the Rules of the House of Representatives applicable to other resolutions in similar circumstances. (e) Fi^OR CONSIDERATION IN TIIE SENATE.— (1) A motion in the Senate to proceed to the consideration of a resolution shall be privileged. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (2) Debate in the Senate on a resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (3) Debate in the Senate on any debatable motion or appeal in connection with a resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the resolution, except that in the event the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. (4) A motion in the Senate to further limit debate on a resolution, debatable motion, or appeal is not debatable. No amendment to, or motion to recommit, a resolution is in order in the Senate. (f) SPECIAL RUT^E FOR CONCURRENT RESOLUTIONS.—In the case of a resolution described in subsection (a)(1), if prior to the passage by one House of a resolution of that House, that House receives a resolution with respect to the same matter from the other House, then— (1) the procedure in that House shall be the same as if no resolution had been received from the other House; but (2) the vote on final passage shall be on the resolution of the other House. 19 USC 2193. SEC. 153. RESOLUTIONS RELATING TO EXTENSION OF WAIVER AUTHORITY UNDER SECTION 402. (a) CONTENTS OF RESOLUTIONS.—For purposes of this section, the "Resolution." ^crm "resolution" means only— (1) a concurrent resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: "That the Congress approves the extension of the authority conpost, p. 2056. tained in section 402(c)(1) of the Trade Act of 1974 recommended

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by the President to the Congress on, except with respect to .", with the first blank space being filled with the appropriate date and the second blank space being- filled with the names of those countries, if any, with respect to which such extension of authority is not approved, and with the except clause being omitted if there is no such country^; and (2) a resolution of either House of the Congress, the matter after the resolving clause of which is as follows: "That the does not approve the extension of the authority contained in section 402(c) of the Trade Act of 1974 recommended by the President to the Congress on with respect to —.", with the first blank space being filled with the name of the resolving House, the second blank space being filled with the appropriate date, and the third blank space being filled with the names of those countries, if any, with respect to which such extension of authority is not approved, and with the with-respect-to clause being omitted if the extension of the authority is not approved with respect to any country. (b)

APPLICATION or RULES OF SECTION 152;

EXCEPTIONS.—

(1) Except as provided in this section, the provisions of section 152 shall apply to resolutions described in subsection (a). (2) In applying section 152(c)(1), all calendar days shall be counted, and, in the case of a resolution related to section 402(d)(4), 20 calendar days shall be substituted for 30 days. (3) That part of section 152(d)(2) which provides that no amendment is in order shall not apply to any amendment to a resolution which is limited to striking out or inserting the names of one or more countries or to striking out or inserting an except clause, in the case of a resolution described in subsection (a)(1), or a with-respect-to clause, in the case of a resolution described in subsection (a)(2). Debate in the House of Representatives on any amendment to a resolution shall be limited to not more than 1 hour which shall be equally divided between those favoring and those opposing the amendment. A motion in the House to further limit debate on an amendment to a resolution is not debatable. (4) That part of section 152(e)(4) which provides that no amendment is in order shall not apply to any amendment to a resolution which is limited to striking out or inserting the names of one or more countries or to striking out or inserting an except clause, in the case of a resolution described in subsection (a)(1), or a with-respect-to clause, in the case of a resolution described in subsection (a)(2). The time limit on a debate on a resolution in the Senate under section 152(e)(2) shall include all amendments to a resolution. Debate in the Senate on any amendment to a resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the resolution, except that in the event the manager of the resolution is in favor of any such amendment, the time in opposition thereto shall be controlled by the minority leader or his designee. The majority leader and minority leader may, from time under their control on the passage of a resolution, allot additional time to any Senator during the consideration of any amendment. A motion in the Senate to further limit debate on an amendment to a resolution is not debatable. (c) CONSIDEEATION OF S E C O N D RESOLUTION N o T IN O R D E R.

I t shall

not be in order in either the House of Representatives or the Senate

^°s^ P- 2056.

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