19 U.S.C. § 4203 — Congressional oversight, consultations,

Page 1071 TITLE 19—CUSTOMS DUTIES § 4203 (4) Status of reports The reports submitted to Congress under paragraphs (2) and (3), or any portion of such reports, may be classified to the extent the President determines appropriate. (5) Extension disapproval resolutions (A) For purposes of paragraph (1), the term ‘‘extension disapproval resolution’’ means a resolution of either House of Congress, the sole matter after the resolving clause of which is as follows: ‘‘That the llll disapproves the request of the President for the extension, under section 103(c)(1)(B)(i) of the Bipartisan Congressional Trade Priorities and Account- ability Act of 2015, of the trade authorities procedures under that Act to any imple- menting bill submitted with respect to any trade agreement entered into under section 103(b) of that Act after June 30, 2018.’’, with the blank space being filled with the name of the resolving House of Congress. (B) Extension disapproval resolutions— (i) may be introduced in either House of Congress by any member of such House; and (ii) shall be referred, in the House of Rep- resentatives, to the Committee on Ways and Means and, in addition, to the Committee on Rules. (C) The provisions of subsections (d) and (e) of section 2192 of this title (relating to the floor consideration of certain resolutions in the House and Senate) apply to extension dis- approval resolutions. (D) It is not in order for— (i) the House of Representatives to con- sider any extension disapproval resolution not reported by the Committee on Ways and Means and, in addition, by the Committee on Rules; (ii) the Senate to consider any extension disapproval resolution not reported by the Committee on Finance; or (iii) either House of Congress to consider an extension disapproval resolution after June 30, 2018. (d) Commencement of negotiations In order to contribute to the continued eco- nomic expansion of the United States, the Presi- dent shall commence negotiations covering tar- iff and nontariff barriers affecting any industry, product, or service sector, and expand existing sectoral agreements to countries that are not parties to those agreements, in cases where the President determines that such negotiations are feasible and timely and would benefit the United States. Such sectors include agriculture, com- mercial services, intellectual property rights, industrial and capital goods, government pro- curement, information technology products, en- vironmental technology and services, medical equipment and services, civil aircraft, and infra- structure products. In so doing, the President shall take into account all of the negotiating objectives set forth in section 4201 of this title. (Pub. L. 114–26, title I, § 103, June 29, 2015, 129 Stat. 333.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title I of Pub. L. 114–26, June 29, 2015, 129 Stat. 320, which is classified principally to this chapter. For complete classification of title I to the Code, see Short Title note set out under section 4201 of this title and Tables. The Bipartisan Congressional Trade Priorities and Accountability Act of 2015, referred to in subsec. (c)(5)(A), is title I of Pub. L. 114–26, June 29, 2015, 129 Stat. 320, which is classified principally to this chapter. Section 103 of the Act is classified to this section. For complete classification of title I to the Code, see Short Title note set out under section 4201 of this title and Tables. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 13701, July 17, 2015, 80 F.R. 43903, set out as a note under section 4201 of this title, and Memorandum of President of the United States, Jan. 29, 2016, 81 F.R. 5571, set out below. DELEGATION OF CERTAIN AUTHORITY AND ASSIGNMENT OF CERTAIN FUNCTIONS UNDER SECTION 103(a)(1)(A) AND SECTION 103(b)(1) OF THE BIPARTISAN CONGRESSIONAL TRADE PRIORITIES AND ACCOUNTABILITY ACT OF 2015 Memorandum of President of the United States, Jan. 29, 2016, 81 F.R. 5571, provided: Memorandum for the United States Trade Represent- ative In addition to the authorities and functions delegated and assigned to you by Executive Order 13701 of July 17, 2015, by the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to you the authority to enter into trade agreements, reserved to the President in Ex- ecutive Order 13701, under section 103(a)(1)(A) and sec- tion 103(b)(1) of the Bipartisan Congressional Trade Pri- orities and Accountability Act of 2015 (Public Law 114–26, title I), and assign to you that function. You are authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. § 4203. Congressional oversight, consultations, and access to information (a) Consultations with Members of Congress (1) Consultations during negotiations In the course of negotiations conducted under this chapter, the United States Trade Representative shall— (A) meet upon request with any Member of Congress regarding negotiating objectives, the status of negotiations in progress, and the nature of any changes in the laws of the United States or the administration of those laws that may be recommended to Congress to carry out any trade agreement or any re- quirement of, amendment to, or rec- ommendation under, that agreement; (B) upon request of any Member of Con- gress, provide access to pertinent documents relating to the negotiations, including clas- sified materials; (C) consult closely and on a timely basis with, and keep fully apprised of the negotia- tions, the Committee on Ways and Means of the House of Representatives and the Com- mittee on Finance of the Senate; Page 1072 TITLE 19—CUSTOMS DUTIES § 4203 (D) consult closely and on a timely basis with, and keep fully apprised of the negotia- tions, the House Advisory Group on Negotia- tions and the Senate Advisory Group on Ne- gotiations convened under subsection (c) and all committees of the House of Representa- tives and the Senate with jurisdiction over laws that could be affected by a trade agree- ment resulting from the negotiations; and (E) with regard to any negotiations and agreement relating to agricultural trade, also consult closely and on a timely basis (including immediately before initialing an agreement) with, and keep fully apprised of the negotiations, the Committee on Agri- culture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. (2) Consultations prior to entry into force Prior to exchanging notes providing for the entry into force of a trade agreement, the United States Trade Representative shall con- sult closely and on a timely basis with Mem- bers of Congress and committees as specified in paragraph (1), and keep them fully apprised of the measures a trading partner has taken to comply with those provisions of the agreement that are to take effect on the date that the agreement enters into force. (3) Enhanced coordination with Congress (A) Written guidelines The United States Trade Representative, in consultation with the chairmen and the ranking members of the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Sen- ate, respectively— (i) shall, not later than 120 days after June 29, 2015, develop written guidelines on enhanced coordination with Congress, in- cluding coordination with designated con- gressional advisers under subsection (b), regarding negotiations conducted under this chapter; and (ii) may make such revisions to the guidelines as may be necessary from time to time. (B) Content of guidelines The guidelines developed under subpara- graph (A) shall enhance coordination with Congress through procedures to ensure— (i) timely briefings upon request of any Member of Congress regarding negotiating objectives, the status of negotiations in progress conducted under this chapter, and the nature of any changes in the laws of the United States or the administration of those laws that may be recommended to Congress to carry out any trade agreement or any requirement of, amendment to, or recommendation under, that agreement; and (ii) the sharing of detailed and timely in- formation with Members of Congress, and their staff with proper security clearances as appropriate, regarding those negotia- tions and pertinent documents related to those negotiations (including classified in- formation), and with committee staff with proper security clearances as would be ap- propriate in the light of the responsibil- ities of that committee over the trade agreements programs affected by those ne- gotiations. (C) Dissemination The United States Trade Representative shall disseminate the guidelines developed under subparagraph (A) to all Federal agen- cies that could have jurisdiction over laws affected by trade negotiations. (b) Designated congressional advisers (1) Designation (A) House of Representatives In each Congress, any Member of the House of Representatives may be designated as a congressional adviser on trade policy and negotiations by the Speaker of the House of Representatives, after consulting with the chairman and ranking member of the Committee on Ways and Means and the chairman and ranking member of the com- mittee from which the Member will be se- lected. (B) Senate In each Congress, any Member of the Sen- ate may be designated as a congressional ad- viser on trade policy and negotiations by the President pro tempore of the Senate, after consultation with the chairman and ranking member of the Committee on Finance and the chairman and ranking member of the committee from which the Member will be selected. (2) Consultations with designated congres- sional advisers In the course of negotiations conducted under this chapter, the United States Trade Representative shall consult closely and on a timely basis (including immediately before initialing an agreement) with, and keep fully apprised of the negotiations, the congressional advisers for trade policy and negotiations des- ignated under paragraph (1). (3) Accreditation Each Member of Congress designated as a congressional adviser under paragraph (1) shall be accredited by the United States Trade Representative on behalf of the President as a delegate and official adviser to the United States delegations to international con- ferences, meetings, and negotiating sessions relating to trade agreements. (c) Congressional advisory groups on negotia- tions (1) In general By not later than 60 days after June 29, 2015, and not later than 30 days after the convening of each Congress, the chairman of the Com- mittee on Ways and Means of the House of Representatives shall convene the House Advi- sory Group on Negotiations and the chairman of the Committee on Finance of the Senate shall convene the Senate Advisory Group on Negotiations (in this subsection referred to collectively as the ‘‘congressional advisory groups’’). Page 1073 TITLE 19—CUSTOMS DUTIES § 4203 (2) Members and functions (A) Membership of the House Advisory Group on Negotiations In each Congress, the House Advisory Group on Negotiations shall be comprised of the following Members of the House of Rep- resentatives: (i) The chairman and ranking member of the Committee on Ways and Means, and 3 additional members of such Committee (not more than 2 of whom are members of the same political party). (ii) The chairman and ranking member, or their designees, of the committees of the House of Representatives that would have, under the Rules of the House of Rep- resentatives, jurisdiction over provisions of law affected by a trade agreement nego- tiation conducted at any time during that Congress and to which this chapter would apply. (B) Membership of the Senate Advisory Group on Negotiations In each Congress, the Senate Advisory Group on Negotiations shall be comprised of the following Members of the Senate: (i) The chairman and ranking member of the Committee on Finance and 3 addi- tional members of such Committee (not more than 2 of whom are members of the same political party). (ii) The chairman and ranking member, or their designees, of the committees of the Senate that would have, under the Rules of the Senate, jurisdiction over pro- visions of law affected by a trade agree- ment negotiation conducted at any time during that Congress and to which this chapter would apply. (C) Accreditation Each member of the congressional advi- sory groups described in subparagraphs (A)(i) and (B)(i) shall be accredited by the United States Trade Representative on be- half of the President as a delegate and offi- cial adviser to the United States delegation in negotiations for any trade agreement to which this chapter applies. In addition, the chairmen and ranking members described in subparagraphs (A)(i) and (B)(i) shall each be permitted to designate up to 3 personnel with proper security clearances to serve as delegates and official advisers to the United States delegation in negotiations for any trade agreement to which this chapter ap- plies. Each member of the congressional ad- visory groups described in subparagraphs (A)(ii) and (B)(ii) shall be accredited by the United States Trade Representative on be- half of the President as a delegate and offi- cial adviser to the United States delegation in the negotiations by reason of which the member is in one of the congressional advi- sory groups. (D) Consultation and advice The congressional advisory groups shall consult with and provide advice to the Trade Representative regarding the formulation of specific objectives, negotiating strategies and positions, the development of the appli- cable trade agreement, and compliance and enforcement of the negotiated commitments under the trade agreement. (E) Chair The House Advisory Group on Negotia- tions shall be chaired by the Chairman of the Committee on Ways and Means of the House of Representatives and the Senate Ad- visory Group on Negotiations shall be chaired by the Chairman of the Committee on Finance of the Senate. (F) Coordination with other committees Members of any committee represented on one of the congressional advisory groups may submit comments to the member of the appropriate congressional advisory group from that committee regarding any matter related to a negotiation for any trade agree- ment to which this chapter applies. (3) Guidelines (A) Purpose and revision The United States Trade Representative, in consultation with the chairmen and the ranking members of the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Sen- ate, respectively— (i) shall, not later than 120 days after June 29, 2015, develop written guidelines to facilitate the useful and timely exchange of information between the Trade Rep- resentative and the congressional advisory groups; and (ii) may make such revisions to the guidelines as may be necessary from time to time. (B) Content The guidelines developed under subpara- graph (A) shall provide for, among other things— (i) detailed briefings on a fixed timetable to be specified in the guidelines of the con- gressional advisory groups regarding nego- tiating objectives and positions and the status of the applicable negotiations, be- ginning as soon as practicable after the congressional advisory groups are con- vened, with more frequent briefings as trade negotiations enter the final stage; (ii) access by members of the congres- sional advisory groups, and staff with proper security clearances, to pertinent documents relating to the negotiations, including classified materials; (iii) the closest practicable coordination between the Trade Representative and the congressional advisory groups at all crit- ical periods during the negotiations, in- cluding at negotiation sites; (iv) after the applicable trade agreement is concluded, consultation regarding ongo- ing compliance and enforcement of nego- tiated commitments under the trade agreement; and (v) the timeframe for submitting the re- port required under section 4204(d)(3) of this title. Page 1074 TITLE 19—CUSTOMS DUTIES § 4204 (4) Request for meeting Upon the request of a majority of either of the congressional advisory groups, the Presi- dent shall meet with that congressional advi- sory group before initiating negotiations with respect to a trade agreement, or at any other time concerning the negotiations. (d) Consultations with the public (1) Guidelines for public engagement The United States Trade Representative, in consultation with the chairmen and the rank- ing members of the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, respec- tively— (A) shall, not later than 120 days after June 29, 2015, develop written guidelines on public access to information regarding nego- tiations conducted under this chapter; and (B) may make such revisions to the guide- lines as may be necessary from time to time. (2) Purposes The guidelines developed under paragraph (1) shall— (A) facilitate transparency; (B) encourage public participation; and (C) promote collaboration in the negotia- tion process. (3) Content The guidelines developed under paragraph (1) shall include procedures that— (A) provide for rapid disclosure of informa- tion in forms that the public can readily find and use; and (B) provide frequent opportunities for pub- lic input through Federal Register requests for comment and other means. (4) Dissemination The United States Trade Representative shall disseminate the guidelines developed under paragraph (1) to all Federal agencies that could have jurisdiction over laws affected by trade negotiations. (e) Consultations with advisory committees (1) Guidelines for engagement with advisory committees The United States Trade Representative, in consultation with the chairmen and the rank- ing members of the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, respec- tively— (A) shall, not later than 120 days after June 29, 2015, develop written guidelines on enhanced coordination with advisory com- mittees established pursuant to section 2155 of this title regarding negotiations con- ducted under this chapter; and (B) may make such revisions to the guide- lines as may be necessary from time to time. (2) Content The guidelines developed under paragraph (1) shall enhance coordination with advisory com- mittees described in that paragraph through procedures to ensure— (A) timely briefings of advisory commit- tees and regular opportunities for advisory committees to provide input throughout the negotiation process on matters relevant to the sectors or functional areas represented by those committees; and (B) the sharing of detailed and timely in- formation with each member of an advisory committee regarding negotiations and perti- nent documents related to the negotiation (including classified information) on mat- ters relevant to the sectors or functional areas the member represents, and with a des- ignee with proper security clearances of each such member as appropriate. (3) Dissemination The United States Trade Representative shall disseminate the guidelines developed under paragraph (1) to all Federal agencies that could have jurisdiction over laws affected by trade negotiations. (f) Omitted (Pub. L. 114–26, title I, § 104, June 29, 2015, 129 Stat. 337; Pub. L. 114–125, title IX, § 914(d), Feb. 24, 2016, 130 Stat. 274.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title I of Pub. L. 114–26, June 29, 2015, 129 Stat. 320, which is classified principally to this chapter. For complete classification of title I to the Code, see Short Title note set out under section 4201 of this title and Tables. CODIFICATION Section is comprised of section 104 of Pub. L. 114–26. Subsec. (f) of section 104 of Pub. L. 114–26 amended sec- tion 2171 of this title. AMENDMENTS 2016—Subsec. (b)(3). Pub. L. 114–125, § 914(d)(1), sub- stituted ‘‘a delegate and official’’ for ‘‘an official’’. Subsec. (c)(2)(C). Pub. L. 114–125, § 914(d)(2), sub- stituted ‘‘a delegate and official’’ for ‘‘an official’’ in two places and inserted after first sentence ‘‘In addi- tion, the chairmen and ranking members described in subparagraphs (A)(i) and (B)(i) shall each be permitted to designate up to 3 personnel with proper security clearances to serve as delegates and official advisers to the United States delegation in negotiations for any trade agreement to which this chapter applies.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–125 effective as if included in the enactment of title I of Pub. L. 114–26, see section 914(g) of Pub. L. 114–125, set out as a note under section 4201 of this title. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 13701, July 17, 2015, 80 F.R. 43903, set out as a note under section 4201 of this title. § 4204. Notice, consultations, and reports (a) Notice, consultations, and reports before ne- gotiation (1) Notice The President, with respect to any agree- ment that is subject to the provisions of sec- tion 4202(b) of this title, shall—