19 U.S.C. § 3806 — Treatment of certain trade agreements for

Page 1026 TITLE 19—CUSTOMS DUTIES § 3806 previously has been provided under this subtitle with respect to that article. ‘‘SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF. ‘‘When import relief under this subtitle is terminated with respect to an article, the rate of duty on that arti- cle shall be duty-free. ‘‘SEC. 326. TERMINATION OF RELIEF AUTHORITY. ‘‘No import relief may be provided under this subtitle with respect to any article after the date that is 8 years after the date on which duties on the article are elimi- nated pursuant to the Agreement. ‘‘SEC. 327. COMPENSATION AUTHORITY. ‘‘For purposes of section 123 of the Trade Act of 1974 (19 U.S.C. 2133), any import relief provided by the Presi- dent under this subtitle shall be treated as action taken under chapter 1 of title II of that Act [19 U.S.C. 2251 et seq.]. ‘‘SEC. 328. BUSINESS CONFIDENTIAL INFORMA- TION. ‘‘The President may not release information which the President considers to be confidential business in- formation unless the party submitting the confidential business information had notice, at the time of submis- sion, that such information would be released by the President, or such party subsequently consents to the release of the information. To the extent business con- fidential information is provided, a nonconfidential version of the information shall also be provided, in which the business confidential information is summa- rized or, if necessary, deleted. ‘‘TITLE IV—TEMPORARY ENTRY OF BUSINESS PERSONS ‘‘SEC. 401. NONIMMIGRANT TRADERS AND INVES- TORS. ‘‘Upon a basis of reciprocity secured by the Agree- ment, an alien who is a national of Chile (and any spouse or child (as defined in section 101(b)(1) of the Im- migration and Nationality Act (8 U.S.C. 1101(b)(1))) of such alien, if accompanying or following to join the alien) may, if otherwise eligible for a visa and if other- wise admissible into the United States under the Immi- gration and Nationality Act (8 U.S.C. 1101 et seq.), be considered to be classifiable as a nonimmigrant under section 101(a)(15)(E) of such Act (8 U.S.C. 1101(a)(15)(E)) if entering solely for a purpose specified in clause (i) or (ii) of such section 101(a)(15)(E). For purposes of this section, the term ‘national’ has the meaning given such term in article 14.9 of the Agreement. ‘‘SEC. 402. NONIMMIGRANT PROFESSIONALS; LABOR ATTESTATIONS. ‘‘(a) NONIMMIGRANT PROFESSIONALS.— ‘‘(1) DEFINITIONS.—[Amended section 1101 of Title 8, Aliens and Nationality.] ‘‘(2) ADMISSION OF NONIMMIGRANTS.—[Amended sec- tion 1184 of Title 8.] ‘‘(b) LABOR ATTESTATIONS.—[Amended section 1182 of Title 8.] ‘‘(c) SPECIAL RULE FOR COMPUTATION OF PREVAILING WAGE.—[Amended section 1182 of Title 8.] ‘‘(d) FEE.— ‘‘(1) IN GENERAL.—[Amended section 1184 of Title 8.] ‘‘(2) USE OF FEE.—[Amended section 1356 of Title 8.] ‘‘SEC. 403. LABOR DISPUTES. [Amended section 1184 of Title 8.] ‘‘SEC. 404. CONFORMING AMENDMENTS.’’ [Amended section 1184 of Title 8.] [The Harmonized Tariff Schedule of the United States is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.] [Proc. No. 8771, Dec. 29, 2011, 77 F.R. 418, provided in par. (10) that the United States Trade Representative is authorized to fulfill the obligations of the President under section 103 of the United States-Chile Free Trade Agreement Implementation Act (Pub. L. 108–77, set out above) to obtain advice from the appropriate advisory committees and the United States International Trade Commission on the proposed implementation of an ac- tion by presidential proclamation, to submit a report on such proposed action to the appropriate congres- sional committees, and to consult with those congres- sional committees regarding the proposed action.] [Proc. No. 7746, Dec. 30, 2003, 68 F.R. 75790, provided in par. (3) that the Secretary of Commerce is authorized to exercise the authority of the President under section 105(a) of the United States-Chile Free Trade Agreement Implementation Act (USCFTA Act) (Pub. L. 108–77, set out above) to establish or designate an office within the Department of Commerce to carry out the functions set forth in that section; in par. (4) that the Committee for the Implementation of Textile Agreements (CITA) is authorized to exercise the authority of the President under section 208 of the USCFTA Act with respect to verifications conducted in a manner consistent with ar- ticle 3.21 of the United States-Chile Free Trade Agree- ment; and in par. (5) that the CITA is authorized to ex- ercise the authority of the President under subtitle B of title III of the USCFTA Act to review requests and to determine whether to commence consideration of such requests, to cause to be published in the Federal Register a notice of commencement of consideration of a request and notice seeking public comment, to deter- mine whether a Chilean textile or apparel article is being imported into the United States in such in- creased quantities and under such conditions as to cause serious damage, or actual threat thereof, to a do- mestic industry producing an article that is like, or di- rectly competitive with, the imported article, and to provide relief from imports of an article that is the sub- ject of such a determination.] Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title. § 3806. Treatment of certain trade agreements for which negotiations have already begun (a) Certain agreements Notwithstanding the prenegotiation notifica- tion and consultation requirement described in section 3804(a) of this title, if an agreement to which section 3803(b) of this title applies— (1) is entered into under the auspices of the World Trade Organization, (2) is entered into with Chile, (3) is entered into with Singapore, or (4) establishes a Free Trade Area for the Americas, and results from negotiations that were com- menced before August 6, 2002, subsection (b) shall apply. (b) Treatment of agreements In the case of any agreement to which sub- section (a) applies— (1) the applicability of the trade authorities procedures to implementing bills shall be de- termined without regard to the requirements of section 3804(a) of this title (relating only to 90 days notice prior to initiating negotia- tions), and any procedural disapproval resolu- tion under section 3805(b)(1)(B) of this title shall not be in order on the basis of a failure or refusal to comply with the provisions of section 3804(a) of this title; and Page 1027 TITLE 19—CUSTOMS DUTIES § 3807 (2) the President shall, as soon as feasible after August 6, 2002— (A) notify the Congress of the negotiations described in subsection (a), the specific United States objectives in the negotiations, and whether the President is seeking a new agreement or changes to an existing agree- ment; and (B) before and after submission of the no- tice, consult regarding the negotiations with the committees referred to in section 3804(a)(2) of this title and the Congressional Oversight Group convened under section 3807 of this title. (Pub. L. 107–210, div. B, title XXI, § 2106, Aug. 6, 2002, 116 Stat. 1016.) Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title. § 3807. Congressional Oversight Group (a) Members and functions (1) In general By not later than 60 days after August 6, 2002, and not later than 30 days after the con- vening of each Congress, the chairman of the Committee on Ways and Means of the House of Representatives and the chairman of the Com- mittee on Finance of the Senate shall convene the Congressional Oversight Group. (2) Membership from the House In each Congress, the Congressional Over- sight Group shall be comprised of the fol- lowing Members of the House of Representa- tives: (A) 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). (B) The chairman and ranking member, or their designees, of the committees of the House of Representatives which would have, under the Rules of the House of Representa- tives, jurisdiction over provisions of law af- fected by a trade agreement negotiations for which are conducted at any time during that Congress and to which this chapter would apply. (3) Membership from the Senate In each Congress, the Congressional Over- sight Group shall also be comprised of the fol- lowing members of the Senate: (A) The chairman and ranking member of the Committee on Finance and 3 additional members of such Committee (not more than 2 of whom are members of the same political party). (B) The chairman and ranking member, or their designees, of the committees of the Senate which would have, under the Rules of the Senate, jurisdiction over provisions of law affected by a trade agreement negotia- tions for which are conducted at any time during that Congress and to which this chap- ter would apply. (4) Accreditation Each member of the Congressional Oversight Group described in paragraphs (2)(A) and (3)(A) shall be accredited by the United States Trade Representative on behalf of the President as an official adviser to the United States delega- tion in negotiations for any trade agreement to which this chapter applies. Each member of the Congressional Oversight Group described in paragraphs (2)(B) and (3)(B) shall be accred- ited by the United States Trade Representa- tive on behalf of the President as an official adviser to the United States delegation in the negotiations by reason of which the member is in the Congressional Oversight Group. The Congressional Oversight Group shall consult with and provide advice to the Trade Rep- resentative regarding the formulation of spe- cific objectives, negotiating strategies and po- sitions, the development of the applicable trade agreement, and compliance and enforce- ment of the negotiated commitments under the trade agreement. (5) Chair The Congressional Oversight Group shall be chaired by the Chairman of the Committee on Ways and Means of the House of Representa- tives and the Chairman of the Committee on Finance of the Senate. (b) Guidelines (1) Purpose and revision The United States Trade Representative, in consultation with the chairmen and ranking minority members of the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate— (A) shall, within 120 days after August 6, 2002, develop written guidelines to facilitate the useful and timely exchange of informa- tion between the Trade Representative and the Congressional Oversight Group convened under this section; 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 provide for, among other things— (A) regular, detailed briefings of the Con- gressional Oversight Group regarding nego- tiating objectives, including the promotion of certain priorities referred to in section 3802(c) of this title, and positions and the status of the applicable negotiations, begin- ning as soon as practicable after the Con- gressional Oversight Group is convened, with more frequent briefings as trade negotia- tions enter the final stage; (B) access by members of the Congres- sional Oversight Group, and staff with prop- er security clearances, to pertinent docu- ments relating to the negotiations, includ- ing classified materials; (C) the closest practicable coordination be- tween the Trade Representative and the Congressional Oversight Group at all critical periods during the negotiations, including at negotiation sites;