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U.S. Code as of:
01/19/04
Section 3804. Consultations and assessment
(a) Notice and consultation before negotiation
The President, with respect to any agreement that is subject to
the provisions of section 3803(b) of this title, shall -
(1) provide, at least 90 calendar days before initiating
negotiations, written notice to the Congress of the President's
intention to enter into the negotiations and set forth therein
the date the President intends to initiate such negotiations, the
specific United States objectives for the negotiations, and
whether the President intends to seek an agreement, or changes to
an existing agreement;
(2) before and after submission of the notice, consult
regarding the negotiations with the Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives, such other committees of the House and Senate as
the President deems appropriate, and the Congressional Oversight
group convened under section 3807 of this title; and
(3) upon the request of a majority of the members of the
Congressional Oversight Group under section 3807(c) of this
title, meet with the Congressional Oversight Group before
initiating the negotiations or at any other time concerning the
negotiations.
(b) Negotiations regarding agriculture
(1) In general
Before initiating or continuing negotiations the subject matter
of which is directly related to the subject matter under section
3802(b)(10)(A)(i) of this title with any country, the President
shall assess whether United States tariffs on agricultural
products that were bound under the Uruguay Round Agreements are
lower than the tariffs bound by that country. In addition, the
President shall consider whether the tariff levels bound and
applied throughout the world with respect to imports from the
United States are higher than United States tariffs and whether
the negotiation provides an opportunity to address any such
disparity. The President shall consult with the Committee on Ways
and Means and the Committee on Agriculture of the House of
Representatives and the Committee on Finance and the Committee on
Agriculture, Nutrition, and Forestry of the Senate concerning the
results of the assessment, whether it is appropriate for the
United States to agree to further tariff reductions based on the
conclusions reached in the assessment, and how all applicable
negotiating objectives will be met.
(2) Special consultations on import sensitive products
(A) Before initiating negotiations with regard to agriculture,
and, with respect to the Free Trade Area for the Americas and
negotiations with regard to agriculture under the auspices of the
World Trade Organization, as soon as practicable after August 6,
2002, the United States Trade Representative shall -
(i) identify those agricultural products subject to
tariff-rate quotas on August 6, 2002, and agricultural products
subject to tariff reductions by the United States as a result
of the Uruguay Round Agreements, for which the rate of duty was
reduced on January 1, 1995, to a rate which was not less than
97.5 percent of the rate of duty that applied to such article
on December 31, 1994;
(ii) consult with the Committee on Ways and Means and the
Committee on Agriculture of the House of Representatives and
the Committee on Finance and the Committee on Agriculture,
Nutrition, and Forestry of the Senate concerning -
(I) whether any further tariff reductions on the products
identified under clause (i) should be appropriate, taking
into account the impact of any such tariff reduction on the
United States industry producing the product concerned;
(II) whether the products so identified face unjustified
sanitary or phytosanitary restrictions, including those not
based on scientific principles in contravention of the
Uruguay Round Agreements; and
(III) whether the countries participating in the
negotiations maintain export subsidies or other programs,
policies, or practices that distort world trade in such
products and the impact of such programs, policies, and
practices on United States producers of the products;
(iii) request that the International Trade Commission prepare
an assessment of the probable economic effects of any such
tariff reduction on the United States industry producing the
product concerned and on the United States economy as a whole;
and
(iv) upon complying with clauses (i), (ii), and (iii), notify
the Committee on Ways and Means and the Committee on
Agriculture of the House of Representatives and the Committee
on Finance and the Committee on Agriculture, Nutrition, and
Forestry of the Senate of those products identified under
clause (i) for which the Trade Representative intends to seek
tariff liberalization in the negotiations and the reasons for
seeking such tariff liberalization.
(B) If, after negotiations described in subparagraph (A) are
commenced -
(i) the United States Trade Representative identifies any
additional agricultural product described in subparagraph
(A)(i) for tariff reductions which were not the subject of a
notification under subparagraph (A)(iv), or
(ii) any additional agricultural product described in
subparagraph (A)(i) is the subject of a request for tariff
reductions by a party to the negotiations,
the Trade Representative shall, as soon as practicable, notify
the committees referred to in subparagraph (A)(iv) of those
products and the reasons for seeking such tariff reductions.
(3) Negotiations regarding the fishing industry
Before initiating, or continuing, negotiations which directly
relate to fish or shellfish trade with any country, the President
shall consult with the Committee on Ways and Means and the
Committee on Resources of the House of Representatives, and the
Committee on Finance and the Committee on Commerce, Science, and
Transportation of the Senate, and shall keep the Committees
apprised of negotiations on an ongoing and timely basis.
(c) Negotiations regarding textiles
Before initiating or continuing negotiations the subject matter
of which is directly related to textiles and apparel products with
any country, the President shall assess whether United States
tariffs on textile and apparel products that were bound under the
Uruguay Round Agreements are lower than the tariffs bound by that
country and whether the negotiation provides an opportunity to
address any such disparity. The President shall consult with the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate concerning the results of the
assessment, whether it is appropriate for the United States to
agree to further tariff reductions based on the conclusions reached
in the assessment, and how all applicable negotiating objectives
will be met.
(d) Consultation with Congress before agreements entered into
(1) Consultation
Before entering into any trade agreement under section 3803(b)
of this title, the President shall consult with -
(A) the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate;
(B) each other 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 the trade agreement; and
(C) the Congressional Oversight Group convened under section
3807 of this title.
(2) Scope
The consultation described in paragraph (1) shall include
consultation with respect to -
(A) the nature of the agreement;
(B) how and to what extent the agreement will achieve the
applicable purposes, policies, priorities, and objectives of
this chapter; and
(C) the implementation of the agreement under section 3805 of
this title, including the general effect of the agreement on
existing laws.
(3) Report regarding United States trade remedy laws
(A) Changes in certain trade laws
The President, at least 180 calendar days before the day on
which the President enters into a trade agreement under section
3803(b) of this title, shall report to the Committee on Ways
and Means of the House of Representatives and the Committee on
Finance of the Senate -
(i) the range of proposals advanced in the negotiations
with respect to that agreement, that may be in the final
agreement, and that could require amendments to title VII of
the Tariff Act of 1930 [19 U.S.C. 1671 et seq.] or to chapter
1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et
seq.]; and
(ii) how these proposals relate to the objectives described
in section 3802(b)(14) of this title.
(B) Certain agreements
With respect to a trade agreement entered into with Chile or
Singapore, the report referred to in subparagraph (A) shall be
submitted by the President at least 90 calendar days before the
day on which the President enters into that agreement.
(C) Resolutions
(i) At any time after the transmission of the report under
subparagraph (A), if a resolution is introduced with respect to
that report in either House of Congress, the procedures set
forth in clauses (iii) through (vi) shall apply to that
resolution if -
(I) no other resolution with respect to that report has
previously been reported in that House of Congress by the
Committee on Ways and Means or the Committee on Finance, as
the case may be, pursuant to those procedures; and
(II) no procedural disapproval resolution under section
3805(b) of this title introduced with respect to a trade
agreement entered into pursuant to the negotiations to which
the report under subparagraph (A) relates has previously been
reported in that House of Congress by the Committee on Ways
and Means or the Committee on Finance, as the case may be.
(ii) For purposes of this subparagraph, the term "resolution"
means only a resolution of either House of Congress, the matter
after the resolving clause of which is as follows: "That the __
finds that the proposed changes to United States trade remedy
laws contained in the report of the President transmitted to
the Congress on __ under section 2104(d)(3) of the Bipartisan
Trade Promotion Authority Act of 2002 with respect to __, are
inconsistent with the negotiating objectives described in
section 2102(b)(14) of that Act.", with the first blank space
being filled with the name of the resolving House of Congress,
the second blank space being filled with the appropriate date
of the report, and the third blank space being filled with the
name of the country or countries involved.
(iii) Resolutions in the House of Representatives -
(I) may be introduced by any Member of the House;
(II) shall be referred to the Committee on Ways and Means
and, in addition, to the Committee on Rules; and
(III) may not be amended by either Committee.
(iv) (!1) Resolutions in the Senate -
(I) may be introduced by any Member of the Senate;
(II) shall be referred to the Committee on Finance; and
(III) may not be amended.
(iv) (!1) It is not in order for the House of Representatives
to consider any resolution that is not reported by the
Committee on Ways and Means and, in addition, by the Committee
on Rules.
(v) It is not in order for the Senate to consider any
resolution that is not reported by the Committee on Finance.
(vi) The provisions of section 152(d) and (e) of the Trade
Act of 1974 (19 U.S.C. 2192(d) and (e)) (relating to floor
consideration of certain resolutions in the House and Senate)
shall apply to resolutions.
(e) Advisory Committee reports
The report required under section 135(e)(1) of the Trade Act of
1974 [19 U.S.C. 2155(e)(1)] regarding any trade agreement entered
into under section 3803(a) or (b) of this title shall be provided
to the President, the Congress, and the United States Trade
Representative not later than 30 days after the date on which the
President notifies the Congress under section 3803(a)(1) or
3805(a)(1)(A) of this title of the President's intention to enter
into the agreement.
(f) ITC assessment
(1) In general
The President, at least 90 calendar days before the day on
which the President enters into a trade agreement under section
3803(b) of this title, shall provide the International Trade
Commission (referred to in this subsection as "the Commission")
with the details of the agreement as it exists at that time and
request the Commission to prepare and submit an assessment of the
agreement as described in paragraph (2). Between the time the
President makes the request under this paragraph and the time the
Commission submits the assessment, the President shall keep the
Commission current with respect to the details of the agreement.
(2) ITC assessment
Not later than 90 calendar days after the President enters into
the agreement, the Commission shall submit to the President and
the Congress a report assessing the likely impact of the
agreement on the United States economy as a whole and on specific
industry sectors, including the impact the agreement will have on
the gross domestic product, exports and imports, aggregate
employment and employment opportunities, the production,
employment, and competitive position of industries likely to be
significantly affected by the agreement, and the interests of
United States consumers.
(3) Review of empirical literature
In preparing the assessment, the Commission shall review
available economic assessments regarding the agreement, including
literature regarding any substantially equivalent proposed
agreement, and shall provide in its assessment a description of
the analyses used and conclusions drawn in such literature, and a
discussion of areas of consensus and divergence between the
various analyses and conclusions, including those of the
Commission regarding the agreement.
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