19 U.S.C. § 3807 — Congressional Oversight Group

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; Page 1028 TITLE 19—CUSTOMS DUTIES § 3808 (D) after the applicable trade agreement is concluded, consultation regarding ongoing compliance and enforcement of negotiated commitments under the trade agreement; and (E) the time frame for submitting the re- port required under section 3802(c)(8) of this title. (c) Request for meeting Upon the request of a majority of the Congres- sional Oversight Group, the President shall meet with the Congressional Oversight Group before initiating negotiations with respect to a trade agreement, or at any other time con- cerning the negotiations. (Pub. L. 107–210, div. B, title XXI, § 2107, Aug. 6, 2002, 116 Stat. 1017; Pub. L. 109–280, title XIV, § 1635(f)(6), Aug. 17, 2006, 120 Stat. 1171.) Editorial Notes AMENDMENTS 2006—Subsec. (a)(4). Pub. L. 109–280 substituted ‘‘para- graphs’’ for ‘‘paragraph’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–280 applicable with re- spect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after Aug. 17, 2006, see section 1641 of Pub. L. 109–280, set out as a note under section 58c of this title. 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. § 3808. Additional implementation and enforce- ment requirements (a) In general At the time the President submits to the Con- gress the final text of an agreement pursuant to section 3805(a)(1)(C) of this title, the President shall also submit a plan for implementing and enforcing the agreement. The implementation and enforcement plan shall include the fol- lowing: (1) Border personnel requirements A description of additional personnel re- quired at border entry points, including a list of additional customs and agricultural inspec- tors. (2) Agency staffing requirements A description of additional personnel re- quired by Federal agencies responsible for monitoring and implementing the trade agree- ment, including personnel required by the Of- fice of the United States Trade Representa- tive, the Department of Commerce, the De- partment of Agriculture (including additional personnel required to implement sanitary and phytosanitary measures in order to obtain market access for United States exports), the Department of the Treasury, and such other agencies as may be necessary. (3) Customs infrastructure requirements A description of the additional equipment and facilities needed by the United States Cus- toms Service. (4) Impact on State and local governments A description of the impact the trade agree- ment will have on State and local govern- ments as a result of increases in trade. (5) Cost analysis An analysis of the costs associated with each of the items listed in paragraphs (1) through (4). (b) Budget submission The President shall include a request for the resources necessary to support the plan de- scribed in subsection (a) in the first budget that the President submits to the Congress after the submission of the plan. (Pub. L. 107–210, div. B, title XXI, § 2108, Aug. 6, 2002, 116 Stat. 1018.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. 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. § 3809. Committee staff The grant of trade promotion authority under this chapter is likely to increase the activities of the primary committees of jurisdiction in the area of international trade. In addition, the cre- ation of the Congressional Oversight Group under section 3807 of this title will increase the participation of a broader number of Members of Congress in the formulation of United States trade policy and oversight of the international trade agenda for the United States. The primary committees of jurisdiction should have adequate staff to accommodate these increases in activi- ties. (Pub. L. 107–210, div. B, title XXI, § 2109, Aug. 6, 2002, 116 Stat. 1019.) § 3810. Application of certain provisions For purposes of applying sections 2135, 2136, and 2137 of this title— (1) any trade agreement entered into under section 3803 of this title shall be treated as an