< Back to H.R. 10710 (93rd Congress, 1973–1974)

Text of the Trade Reform Act

This bill was enacted after being signed by the President on January 3, 1975. The text of the bill below is as of Jan 3, 1975 (Passed Congress/Enrolled Bill).

1978                                            PUBLIC LAW 93-617-JAN. 2, 1975                 [88   STAT.

                        Public Law 93-617
 January 2, 1975                                        AN ACT
   [H. R.17655]         To extend for two years the authorizations for the striking of medals in
                         commemoration of the one hundredth anniversary of the cable car in San
                          Francisco and in commemoration of Jim Thorpe, and for other purposes.

                           Be it enacted hy the Senate and House of Representatives of the
 Commemorative
medals.                 United States of America in Congress assembled, That the second
                        sentence of the first section of the Act entitled, "An Act to authorize
                        the striking of medals in commemoration of the one hundredth anni-
                        versary of the cable car in San Francisco" (Public Law 93-114),
  87 Stat. 417.         approved October 1, 1973, is amended by striking out "December 31,
                        1974" and inserting in lieu thereof "December 31,1976".
                           SEC. 2. Section 4 of the Act entitled "An Act to provide for the
                        striking of medals in commemoration of Jim Thorpe" (Public Law
  87 Stat. 4 6 1 .      93-132), approved October 19, 1973, is amended by striking out
                        "December 31,1974" and inserting in lieu thereof "December 31,1976".
                           SEC. 3. The last sentence of the first section of the Act entitled
                        "An Act to provide for the striking of medals commemorating the
                        International Exposition on Environment at Spokane, Washington,
  87 Stat. 913.         in 1974", approved December 29, 1973 (Public Law 93-221), is
                        amended by striking out "December 31, 1974" and inserting in lieu
                        thereof "March 31,1975".
  Gold u s e , re-         SEC. 4. (a) Except with respect to medals in commemoration of
striction.
                        the bicentennial of the American Revolution authorized to be struck
  86 Stat. 37.          by Public Law 92-228 (approved February 15, 1972), no national
                        medals made for public sale under authority of any law of the
                        United States shall contain any gold without the express, prior
                        approval, by law, of the Congress of the United States.
  Penalty.                 (b) Any person who violates this section shall be fined not more
                        than $10,000 or imprisoned for not more than one year, or both.
                           Approved January 2, 1975.


                        Public Law 93-618
January 3 , 1975                                             AN ACT
  [H. R , 1 0 7 1 0 ]   To promote the development of an open, nondiscriminatory, and fair world
                          economic system, to stimulate fair and free competition between the United
                          States and foreign nations, to foster the economic growth of, and full employ-
                          ment in, the United States, and for other purposes.

                          Be it enacted hy the Senate and Bouse of Representatives of the
 Trade Act of
1974.                   United States of America in Congress assembled, That this Act, with
  19 use 2101.          the following table of contents, may be cited as the "Trade Act of
                        1974".
                                               TABLE OF CONTENTS
                                        TITLE I—NEGOTIATING AND OTHER AUTHORITY
                                        CHAPTER 1—RATES OF DUTY AND OTHER TRADE BARRIERS
                        Sec.    101.   Basic authority for trade agreements.
                        Sec.    102.   NontarifE barriers to and other distortions of trade.
                        Sec.    103.   Overall negotiating objective.
                        St'c.   104.   Sector negotiating objective.
                        Sec.    105.   Bilateral trade agreements.
                        Sec.    106.   Agreements with developing countries.
                        Sec.    107.   International safeguard procedures.
                        Sec.    108.   Access to supplies.
                        Sec.    109.   Staging requirements and rounding authority.

88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 1979 T A B L E O F C0NTE3SfTS—Continued CHAPTER 2 — O T H E R AUTHORITY Sec. 121. Steps to be taken toward GATT revision; authorization of appropria- tions for GATT. Sec. 122. Balance-of-payments authority. Sec. 123. Compensation authority. Sec. 124. Two-year residual authority to negotiate duties. Sec. 125. Termination and w i t h d r a w a l authority. Sec. 126. Reciprocal nondiscriminating treatment. Sec. 127. Reservation of articles for national security or other reasons. CHAPTER 3 — H E A R I N G S AND ADVICE CONCERNING NEGOTIATIONS Sec. 131. I n t e r n a t i o n a l T r a d e Commission advice. Sec. 132. Advice from departments and other sources. Sec. 133. Public hearings. Sec. 134. Prerequisites for offers. Sec. 135. Advice from private sector. CHAPTER 4 — O F F I C E OF T H E SPECIAL REPRESENTATIVE FOR TRADE NEGOTIATIONS Sec. 141. Office of the Special Representative for T r a d e Negotiations. CHAPTER 5—CONGRESSIONAL PROCEDURES W I T H RESPECT TO PRESIDENTIAL ACTIONS Sec. 151. Bills implementing t r a d e agreements on nontariff b a r r i e r s and reso- lutions approving commercial agreements with Communist countries. Sec. 152. Resolutions disapproving certain actions. Sec. 153. Resolutions relating to extension of waiver authority under section 402. Sec. 154. Special rules relating to congressional procedures. CHAPTER 6—CONGRESSIONAL L I A I S O N AND REPORTS Sec. 161. Congressional delegates to negotiations. Sec. 162. Transmission of agreements to Congress. Sec. 163. Reports. CHAPTER 7 — U N I T E D STATES INTERNATIONAL TRADE COMMISSION Sec. 171. Change of n a m e of Tariff Commission. Sec. 172. Organization of the Commission. Sec. 173. Voting record of commissioners. Sec. 174. Representation in court proceedings. Sec. 175. Independent budget and authorization of appropriations. T I T L E I I — R E L I E F FROM I N J U R Y CAUSED BY I M P O R T COMPETITION CHAPTER 1—IMPORT R E L I E F Sec. 201. Investigation by International T r a d e Commission. Sec. 202. Presidential action after investigations. Sec. 203. Import relief. CHAPTER 2 — A D J U S T M E N T ASSISTANCE FOR WORKERS Subchapter A—Petitions and Determinations Sec. 221. Petitions. Sec. 222. Group eligibility requirements. Sec. 223. Determinations by Secretary of Labor. Sec. 224. Study by Secretary of Labor when International T r a d e Commission begins investigation; action where there is aflarmative finding. Subchapter B—^Program Benefits PART I—TRADE READJUSTMENT ALLOWANCES Sec. 231. Qualifying requirements for workers. Sec. 232. Weekly amounts. Sec. 233. Time limitations on t r a d e readjustment allowances. Sec. 234. Application of State laws.
1980 PUBLIC LAW 93-618-JAN. 3, 1975 [SB STAT. T A B L E OF CONTENTS—Continued PART I I — T R A I N I N G AND RELATED SERVICES Sec. 235. Employment services. Sec. 236. Training. PART I I I — J O B SEARCH AND RELOCATION ALLOWANCES Sec. 237. Job search allowances. Sec. 238. Relocation allowances. Subchapter C—General Provisions Sec. 239. Agreements with States. Sec. 240. Administration absent State agreement. Sec. 241. P a y m e n t s to States. Sec. 242. Liabilities of certifying and disbursing oflScers. Sec. 243. Recovery of overpayments. Sec. 244. Penalties. Sec. 245. Creation of t r u s t f u n d ; authorization of appropriations out of customs receipts. Sec. 246. Transitional provisions. Sec. 247. Definitions. Sec. 248. Regulations. Sec. 249. Subpena power. Sec. 250. Judicial review. CHAPTER 3 — A D J U S T M E N T ASSISTANCE FOR F I R M S Sec. 251. Petitions a n d determinations. Sec. 252. Approval of adjustment proposals. Sec. 253. Technical assistance. Sec. 254. Financial assistance. Sec. 255. Conditions for financial assistance. Sec. 256. Delegation of functions to Small Business A d m i n i s t r a t i o n ; authoriza- tion of appropriations. Sec. 257. Administration of financial assistance. Sec. 258. Protective provisions. Sec. 259. Penalties. Sec. 260. Suits. Sec. 261. Definitions. Sec. 262. Regulations. Sec. 263. Transitional provisions. Sec. 264. Study by Secretary of Commerce when International T r a d e Commission begins investigation; action where there is affirmative finding. CHAPTER 4 — A D J U S T M E N T ASSISTANCE FOR C O M M U N I T I E S Sec. 271. Petitions and determinations. Sec. 272. T r a d e impacted area councils. Sec. 273. Program benefits. Sec. 274. Community adjustment assistance fund and authorization of appropria- tions. CHAPTER 5—MISCELLANEOUS PROVISIONS Sec. 280. General Accounting Office report. Sec. 281. Coordination. Sec. 282. T r a d e monitoring system. Sec. 283. F i r m s relocating in foreign countries. Sec. 284. Effective date. TITLE I I I — R E L I E F FROM UNFAIR TRADE PRACTICES CHAPTER 1—FOREIGN IMPORT RESTRICTIONS AND EXPORT SUBSIDIES Sec. 301. Responses to certain t r a d e 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.
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 1981 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. Exception of the products of certain countries or areas. Sec. 402. Freedom of emigration in East-West trade. Sec. 403. United States personnel missing in action in Southeast Asia. Sec. 404. Extension of nondiscriminatory treatment. Sec. 405. Authority to enter into commercial agreements. Sec. 406. Market disruption. Sec. 407. Procedure for congressional approval or disapproval of extension of nondiscriminatory treatment and Presidential reports. Sec. 408. Payment by Czechoslovakia of amounts owed United States citizens and nationals. Sec. 409. Freedom to emigrate to join a very close relative in the United States. Sec. 410. East-West Trade Statistics Monitoring System. Sec. 411. East-West Foreign Trade Board. TITLE V—GENERALIZED SYSTEM OF PREFERENCES Sec. 501. Authority to extend preferences. Sec. 502. Beneficiary developing country. Sec. 503. Eligible articles. Sec. 504. Limitations on preferential treatment. Sec. 505. 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. 19 use 2102. T h e p u r p o s e s of t h i s A c t a r e , t h r o u g l i t r a d e 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 nondis- criminatory world trade; (2) to harmonize, reduce, and eliminate barriers to trade on a basis which assures substantially equivalent competitive oppor- tunities 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 T r a d e ; (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 com- merce in nonmarket economies; and (6) to provide fair and reasonable access to products of less developed countries in the United States market.
1982 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. TITLE I—NEGOTIATING AND OTHER AUTHORITY CHAPTEH 1—RATES OF DUTY AND OTHER TRADE BARRIERS 19 use 2111. 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 19 use 1202. 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. 19 use 2112. 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 com- merce, diminishing the intended mutual benefits of reciprocal trade concessions, adversely affecting the United States economy, prevent- ing fair and equitable access to supplies, and preventing the develop- ment 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 subsec- tion (b) to negotiate trade agreements with other countries and instrumentalities providing on a basis of mutuality for the har- monization, 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
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 1983 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 pro- moted thereby, the President, during the 5-year period beginning on Trade agree- ments with foreign the date of the enactment of this Act, may enter into trade agreements countries. with foreign countries or instrumentalities providing for the har- monization, reduction, or elimination of such barriers (or other dis- tortions) 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 Consultation with c o n g r e s s i o n a l section providing for the harmonization, reduction, or elimination of committees. a barrier to (or other distortion of) international trade, he shall con- sult with the Committee on Ways and Means of the House of Repre- sentatives, 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 con- sultation 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 Agreement, bill draft, and s t a t e - this section providing for the harmonization, reduction, or elimination ment, submittal to of a barrier to (or other distortion of) international trade, he shall Congress. 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 pro- vided 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 sub- Conditions. section shall enter into force with respect to the TTnited States if (and only if) — (1) the President, not less than 90 days before the day on which Notice to Con- g r e s s ; publication he enters into such trade agreement, notifies the House of Repre- in Federal R e g i s - sentatives and the Senate of his intention to enter into such an ter. agreement, and promptly thereafter publishes notice of such inten- tion in the Federal Register; (2) after entering into the agi'eement, the President transmits Copy, t r a n s - mittal to Congress. 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 agree- ment, 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 Recommenda- tions to C o n g r e s s . 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
1984 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 con- sistent 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. Definitions. (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 19 u s e 1401a, the Tariff Act of 1930, as appropriate; 1402. (2) the term "distortion" includes a subsidy; and (3) the term "international trade" includes trade in both goods and services. 19 u s e 2113. 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 harmoniza- tion, 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 u s e 2114. 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 maximiz- ing overall economic benefit to the United States (through maintain- ing and enlarging foreign markets for products of United States agriculture, industry, mining, and commerce, through the develop- ment 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 con- sultation with the Advisory Committee for Trade Negotiations estab- lished under section 135 and after consultation with interested private organizations, identify appropriate product sectors of manufacturing. Analysis, sub- (d) If the President determines that competitive opportunities in mittal to Congress. 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. 19 u s e 2115. 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.
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 1985 SEC. 106. AGREEMENTS WITH DEVELOPING COUNTRIES. 19 use 2lie. 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. 19 use 2117. (a) A principal United States negotiating objective under section 102 shall be to obtain internationally agreed upon rules and pro- cedures, 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. 19 use 2118. (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 s 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 Avhich— (1) assure to the United States the continued availability of important articles at reasonable prices, and (2) provide reciprocal concessions or comparable trade obliga- tions, or both, by the United States. SEC. 109. STAGING REQUIREMENTS AND ROUNDING AUTHORITY. i9 use 2119. (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 para- graph (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.
1986 PUBLIC LAW 93-618-JAN. 3, 1975 [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) ^ ^ Teductiou m the rate of duty on any article pursuant to dat^e! "' ^ "" ^^ 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 IJnited 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 use 2131. SEC. 121. STEPS TO BE TAKEN TOWARD GATT REVISION; AUTHOR- IZATION 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 pro- moting 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 8 usT 1767. Agreement on Tariffs and Trade (hereinafter in this subsection referred to as "GATT") to more nearly reflect the balance of economic interests, 8 UST 1786. (2) the revision of article X I X 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 dis- advantage 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 pre- ferred means by which industrial countries may handle balance- of-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 semi- manufactured products, including rules and procedures govern- ing the imposition of export controls, the denial of fair and equitable access to such supplies, and effective consultative pro- cedures on problems of supply shortages.
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 1987 (8) the extension of the provisions of G A T T or other inter- national agreements to authorize multilateral procedures by con- tracting 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 inter- national 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 Ante, p. 1935. necessary to establish within the G A T T an international agree- 8 UST 1767. ments 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 agree- ments 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 instrumen- talities. (c) If the President enters into a trade agreement which establishes Trade agreement e s t a b l i s h i n g rules rules or procedures, including those set forth in subsection ( a ) , or procedures. 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 Submittal to Congress. in accordance with the procedures of section 151. Nothing in this Post, p. 2 0 0 1 . section shall be construed as prior approval of any legislation neces- sary to implement a trade agreement entered into under this section. (d) There are authorized to be appropriated annually such sums Appropriation. 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 Gen- eral Agreement on Tariffs and Trade. SEC. 122. BALANCE-OF-PAYMENTS AUTHORITY. 19 u s e 2132. Import r e s t r i c - (a) Whenever fundamental international payments problems tions. require special import measures to restrict imports— (1) to deal with large and serious United States balance-of- payments 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 inter- national balance-of-payments disequilibrium, the President shall proclaim, for a period not exceeding 150 days (unless such period is extended by Act of Congress) —
1988 PUBLIC LAW 93-618-JAN. 3, 1975 [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 subpara- graph (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 balance- of-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 sur- charge 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. i'^o!!''"" (^) Whenever the President determines that fundamental inter- creases national payments problems require special import measures to increase imports— (1) to deal with large and persistent United States balance- of-trade surpluses, as determined on the basis of the cost- insurance-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 quantitv 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, fish- ing, 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 subsec- tion (a) shall be applied consistently with the principle of nondis- criminatory 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 approach- ing as closely as possible that which various foreign countries might have expected to obtain in the absence of such restrictions.
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 1989 (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 internationally agreed balance-of-payments adjustment pro- cedures, 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 modifica- tions in international agreements aimed at allowing the use of sur- charges in place of quantitative restrictions (and providing rules to govern the use of such surcharges) as a balance-of-payments adjust- ment 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 Avith 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 inef- fective 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 limita- tion 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 con- cessions shall be used to impose a surcharge on imports into the United States. SEC. 123. COMPENSATION AUTHORITY. 19 use 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
1990 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. 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 subsec- tion (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 sched- ule 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 con- sider whether such country or instrumentality has violated trade con- cessions 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 use 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.
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 1991 (c) (1) No proclamation shall be made pursuant to subsection (a) decreasing any i-ate 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. 19 use 2135. (a) Ever^ trade agreement entered into under this Act shall be sub- ject 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 i9 use 1821. 350 of the Tariff Act of 1930, withdraws, suspends, or modifies any ^^ ^^*^ ^^^*- obligation with respect to the trade of any foreign country or instru- mentality 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 proclama- tion 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 i^ use 1202. 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 pro- tect United States economic interests (including United States balance of payments), may—
1992 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. (1) withdraw, suspend, or modify the application of substan- tially 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, sec- 19 u s e 1821. tion 201 of the Trade Expansion Act of 1962, or section 850 of the 19 u s e 1351. 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 i-emain 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 Presidential recommenda- date of any such termination or withdrawal, the President shall trans- t i o n s , transmit- mit to the Congress his recommendations as to the appropriate rates tal to e o n g r e s s . of duty for all articles w^hich were affected by the termination or with- drawal or would have been so affected but for the preceding sentence. Hearing. (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 pro- vide for a public hearing promptly after such action. 19 u s e 2136. SEC. 126. RECIPROCAL NONDISCRIMINATORY TREATMENT. (a) Except as otherwise provided in this Act or in any other pro- vision of law, any duty or other import restriction or duty-free treat- ment 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 con- cessions 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. Recommenda- (c) If the President determines under subsection (b) that a major tions to Con- 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 pro- duced 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 agree- ment under section 102 shall not apply to such country.
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 1993 (d) For purposes of this section, "major industrial country" means ^^"Jf^'°'' '"'^ff Canada, the European Economic Community, the individual member """ country, 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 19 use 2137. 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 19 use 2137. taken under section 203 of this Act, or section 232 or 351 of the Trade ^°s^ p. 2015 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 infonna- tion 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 •^'^''o'con'^ris section 232 of the Trade Expansion Act of 1962. Within 60 days after ^"[g usc°"86" he takes any action under such section 232, the President shall report 19 use 1862. to the Congress the action taken and the reasons therefor. (d) Section 232 of the Trade Expansion Act of 1962 is amended— 19 use 1862. (1) by striking out "Director of the Office of Emergency Planning (hereinafter in this section referred to as the 'Direc- tor') " 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 Hearings. 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 Secre- ^ Report to Presi tary shall report the findings of his investigation under this sub- dent. section 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
1994 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. ^taport adjust- 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 subsec- tions (c) and (d) and inserting in lieu thereof "Secretary". CHAPTER 3—HEARINGS AND ADVICE CONCERNING NEGOTIATIONS 19 use 2151. SEC. 131. INTERNATIONAL TRADE COMMISSION ADVICE. Lists of articles (a) l u councction with any proposed trade agreement under chap- oru^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 indus- tries 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 Com- mission 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 purchas- ers 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 com- petition 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 eco- nomic factors in such industries as it considers relevant, including prices, wages, sales, inventories, patterns of demand, capital
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 1995 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 facili- ties, 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 war- ranted, 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 pei-sonnel of the United States. (e) I n preparing its advice to the President under this section, the H<^armgs. Commission shall, after reasonable notice, hold public hearings. SEC. 132. ADVICE FROM DEPARTMENTS AND OTHER SOURCES. i9 use 2is2. Before any trade agreement is entered into under chapter 1 or sec- tion 123 or 124, the President shall seek information and advice with respect to such agreement from the Departments of Agriculture, Com- merce, Defense, Interior, Labor, State and the Treasuiy, from the Special Representative for Trade Negotiations, and from such other sources as he may deem appropriate. SEC. 133. PUBLIC HEARINGS. 19 use 2153. (a) I n connection with any proposed trade agreement under chap- ter 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 LTnited States, or any other matter relevant to such proposed trade agreement. F o r 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 • President dent with a summary thereof. 19 u s e 2154. 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 addi- tional 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 LTnited 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 con- cerning 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.
1996 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. 19 use 2155. 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. Advisory Com- mittee for T r a d e (b) (1) The President shall establish an Advisory Committee for Negotiations, Trade Negotiations to provide overall policy advice on any trade Establishment; agreement referred to in section 101 or 102. The Committee shall be membership. composed of not more than 45 individuals, and shall include repre- sentatives 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 Kepre- Termination. sentative 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. General policy advisory commit- (c) (1) The President may, on his own initiative or at the request tees. of organizations representing industry, labor, or agriculture, establish Establishment. general policy advisory committees for industry, labor, and agricul- ture, respectively, to provide general policy advice on any trade agree- ment 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 Representa- tive for Trade Negotiations and the Secretaries of Commerce, Labor, and Agriculture, as appropriate. Sector advisory (2) The President shall, on his own initiative or at the request of committees. Establishment. organizations in a particular sector, establish such industry, labor, or agricultural sector advisory committees as he determines to be neces- sary 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 appropri- ate, (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. Meetings. (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 par- ticular products both domestic and foreign; and
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 1997 (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 , Con- appropriate policy advisory committee, and each sector advisory com- g r e s s , and Special Representative mittee, if the sector which such committee represents is affected, shall for Trade Nego- meet 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 repoi-t of the Advisory Committee for Trade Negotia- tions 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 rReport ess. to Con- 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 Law 92-463) shall apply— 5 u s e app. L (1) to the Advisory Committee for Trade Negotiations estab- lished 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 deter- mined 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 bargain- ing 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 connec- tion 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.
1998 PUBLIC LAW 93-618-JAN. 3, 1975 [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 sub- section (c), in connection with trade negotiations, shall not be dis- closed 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 re- c[uire restricted or confidential handling by such committee consider- ing the extent to which public disclosure of such information can rea- sonably be expected to prejudice United States negotiating objec- tives. Such rules shall, to the maximum extent feasible, permit mean- ingful consultations by advisory committee members with persons afi'ected by proposed trade agreements. Staff, informa- tion, personnel, (h) The Special Representative for Trade Negotiations, and the s e r v i c e s and a s - Secretary of Commerce, Labor, or Agriculture, as appropriate, shall s i s t a n c e to ad- provide such staff, information, personnel, and administrative services visory committees. and assistance to advisory committees established pursuant to sub- section (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 con- sultation with and obtaining information and advice from the advi- sory 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 informa- tion to each'advisory committee as to (1) significant issues and develop- ments 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 Repre- sentative for Trade Negotiations shall not be bound by the advice or recommendations of such advisory committees but the Special Repre- sentative 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 con- sultation 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 con- tinuing 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, con- sumer 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.
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 1999 (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 REPRE- SENTATIVE 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 Eepresentative J^^l^-^l %''^^"^' for Trade Negotiations who shall be appointed by the President, by Trade Negotia- and 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 con- firmation, and referred to a committee, shall be referred to the Committee on P^inance. The Special Representative for Trade Nego- tiations 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 for^Trad" 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 Presi- responsible 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 agree- ments, and other matters which are related to the trade agree- ments 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 estab- lished pursuant to section 242(a) of the Trade Expansion Act of 1962; and 19 use 1872. ( F ) be responsible for such other functions as the President may direct.
2000 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; Experts and (2) employ experts and consultants in accordance with section consultants. 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 5 u s e 5332 in section 5332 of title 5, United States Code, and while such note. 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; Rules and regu- (3) promulgate such rules and regulations as may be necessary lations. to carry out the functions vested in him; (4) utilize, with their consent, the services, personnel, and facil- ities of other Federal agencies; Contracts, (5) enter into and perform such contracts, leases, cooperative l e a s e s , or cooper- ative agreements. 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 appro- priate, with any agency or instrumentality of the United States, or with any public or private person, firm, association, corpo- ration, or institution; (6) accept voluntary and uncompensated services, notwithstand- ing the provisions of section 3679(b) of the Revised Statutes (31 U.S.C. 6 6 5 ( b ) ) ; and Official s e a l . (7) adopt an official seal, which shall be judicially noticed. Consultation (e) The Special Representative for Trade Negotiations shall, to with F e d e r a l agencies. 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. Appropriation. (f) There are authorized to be appropriated to the Office of Spe- cial 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. Office of (g) (1) The Office of Special Representative for Trade Negotiations Special R e p r e s e n - t a t i v e s for Trade established under Executive Order No. 11075 of January 15, 1963, as Negotiations, amended, is abolished. abolishment. 19 u s e 1801 (2) The assets, liabilities, contracts, property, and records and note. unexpended balances of appropriations, authorizations, allocations, Transfer of funds. 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 Repre- sentative for Trade Negotiations or a position as Deputy Special Repi'esentative for Trade Negotiations on the day before the date of
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2001 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 subse<jtion (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 u s e 1801 of January 15, 1963, as amended, are hereby transferred to the Office. note. CHAPTER 5—CONGRESSIONAL PROCEDURES WITH RESPECT TO PRESIDENTIAL ACTIONS SEC. 151. BILLS LMPLEMENTING TRADE AGREEMENTS ON NONTARIFF 19 use 2191. 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 appli- cable 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 tha,t 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 agree- ments, (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 exist- ing laws or providing new statutory authority. (2) The term "implementing revenue bill" means an imple- menting 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
2002 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. approves the extension of nondiscriminatory treatment with respect to the products of transmitted by the Presi- dent 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) INTRODUCTION AND REFERRAL.— mlnt'^'' ''^'""'' ^^^ ^ ^ ^^® ^^y ° ^ which a trade agreement is submitted to Ante, p. 1982. thc 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. Bilateral com- ^2) Ou tlic day ou which a bilateral commercial agreement, ment. entered into under title I V of this Act after the date of the Post, p. 2056. enactment of this Act, is transmitted to the House of Representa- tives 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 Com- mittee 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 applica- tion 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
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2003 close of the 45th day after its introduction, such committee or committees shall be automatically discharged from further con- sideration of the bill or resolution and it shall be placed on the appropriate calendar. A vote on final passage of the bill or reso- lution 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 reve- nue bill received from the House shall be referred to the appro- priate 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 befoi-e 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) F o r 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 T H E 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 implement- ing 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 Representa- tives with respect to the consideration of an implementing bill or approval resolution, and motions to proceed to the considera- tion 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
2004 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. 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.—• (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 reso- lution, except that in the event the manager of the bill or resolu- tion 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 con- sideration of any debatable motion or appeal. (4) A motion in the Senate to further Ihnit debate is not debat- able. A motion to recommit an implementing bill or approval resolution is not in order. 19 use 2192. SEC, 152. RESOLUTIONS DISAPPROVING CERTAIN ACTIONS. (a) CONTENTS or RESOLUTIONS.— "Resolution." ^;j^^ Yov purposcs of this section, the term "resolution" means only— (A) a concurrent resolution of the two Houses of the Con- gress, the matter after the resolving clause of which is as follows: "That the Congress does not approve trans- mitted 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 mat- ter 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: Post, p. 2015. ^ ^ ) 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
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2005 (B) in the case of a resolution referred to in section 302(b), ''°^*' P- ^O^^. with the phrase "the action taken by the President under section 301 of the Trade Act of 1974". Post, p. 2041. (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) 19 u s e 1303. of the Tariff Act of 1930, with the phrase "the determina- tion 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 Post, p . 2063. (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 sub- mitted 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 sec- tion 153(b), it is in order to move either to discharge the com- mittee 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 resolu- tion. A motion further to limit debate shall not be debatable. No 38-194 O - 76 -44 Pt. 2
2006 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. 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 con- trolled 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 addi- tional time to any Senator during the consideration of any debat- able motion or appeal. (4) A motion in the Senate to further limit debate on a resolution, debatable motion, or appeal is not debatable. No amend- ment 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 reso- lution had been received from the other House; but (2) the vote on final passage shall be on the resolution of the other House. 19 use 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 "resolutiou" 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 con- post, p. 2056. tained in section 402(c) (1) of the Trade Act of 1974 recommended
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2007 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 ^°s^ P- 2056. President to the Congress on with respect to —.", with the first blank space being filled with the name of the resolv- ing House, the second blank space being filled with the appropri- ate 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 sec- tion 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
2008 PUBLIC LAW 93-618-JAN. 3, 1975 [SB STAT. to consider a resolution with respect to a recommendation of the Presi- Post, p. 2056. (Jent under section 402(d) (other than a resolution described in sub- section ( a ) ( 1 ) received irom the other House), if that House has adopted a resolution with respect to the same recommendation. 19 use 2194. SEC. 154. SPECIAL RULES RELATING TO CONGRESSIONAL PROCE- DURES. (a) Whenever, pursuant to section 102(e), 203(b), 302(a), 402(d), ptT'P'201^5' o^ ^ ' ^ (^) ^^ ( b ) ' ^^ section 303(e) of the Tariff Act of 1930, a docu- 2043' 2063, 2049. mcut is required to be transmitted to the Congress, copies of such document shall be delivered to both Houses of Congress on the same day and shall be deliver-ed to the Clerk of the House of Representatives if the House is not in session and to the Secretary of the Senate if the Senate is not in session. (b) For purposes of sections 203(c), 302(b), 407(c)(2), and 407 (c) (3), the 90-day period referred to in such sections shall be com- puted by excluding— (1) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain or an adjourn- ment of the Congress sine die, and (2) any Saturday and Sunday, not excluded under paragraph (1), when either House is not in session. CHAPTER 6—CONGRESSIONAL LIAISON AND REPORTS 19 use 2211. SEC. 161. CONGRESSIONAL DELEGATES TO NEGOTIATIONS. (a) At the beginning of each regular session of Congress, the Speaker of the House of Representatives, upon the recommendation of the chairman of the Committee on Ways and Means, shall select five mem- bers (not more than three of whom are members of the same political party) of such committee, and the President pro tempore of the Senate, upon the recommendation of the chairman of the Committee on Finance, shall select five members (not more than three of whom are members of the same political party) of such committee, who shall be accredited by the President as official advisers to the United States delegations to international conferences, meetings, and negotiation sessions relating to trade agreements. (b) (1) The Special Representative for Trade Negotiation shall keep each official adviser currently informed on United States negotiating objectives, the status of negotiations in progress, and the nature of any changes in domestic law or the administration thereof which may be recommended to Congress to carry out any trade agreement. (2) The chairmen of the Committee on Ways and Means and the Committee on Finance may designate members (in addition to the official advisors under subsection (a)) and staff members of their respective committees who shall have access to the information pro- vided to official advisers under paragraph (1). 19 use 2212. SEC. 162. TRANSMISSION OF AGREEMENTS TO CONGRESS. (a) As soon as practicable after a trade agreement entered into under chapter 1 or section 123 or 124 has entered into force with respect to the United States, the President shall, if he has not previ- ously done so, transmit a copy of such trade agreement to each House of tiie Congress together with a statement, in the light of the advice of the International Trade Commission under section 131(b), if any,
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2009 and of other relevant considerations, of his reasons for entering into the agreement. (b) The President shall transmit to each Member of the Congress ^^^^^"^^^^^ "^'"' a summary of the information required to be transmitted to each House under subsection (a). For purposes of this subsection, the 'Member." term "Member" includes any Delegate or Resident Commissioner. SEC. 163. REPORTS. i9 use 2213. (a) The President shall submit to the Congress an annual report ^^\l^cTn'rlss' on the trade agreements program and on import relief and adjustment ''°'^* ° °"2''^^^- assistance for workers, firms, and communities under this Act. Such report shall include information regarding new negotiations; changes made in duties and nontariff barriers and other distortions of trade of the United States; reciprocal concessions obtained; changes in trade agreements (including the incorporation therein of actions taken for import relief and compensation provided therefor); extension or withdrawal of nondiscriminatory treatment by the United States with respect to the products of a foreign country; extension, modifi- cation, withdrawal, suspension, or limitation of preferential treatment to exports of developing countries; the results of action taken to obtain removal of foreign trade restrictions (including discriminatory restrictions) against United States exports and the removal of foreign practices which discriminate against United States service industries (including transportation and tourism) and investment; and the measures being taken to seek the removal of other significant foreign import restrictions; and other information relating to the trade agree- ments program and to the agreements entered into thereunder. Such report shall also include information regarding the number of appli- cations filed for adjustment assistance for workers, firms, and commu- nities, the number of such applications which were approved, and the extent to which adjustment assistance has been provided under such approved applications. (b) The International Trade Commission shall submit to the Con- ^^"^^ report to gress, at least once a year, a factual report on the operation of the C o n g r e s s . trade agreements program. CHAPTER 7—UNITED STATES INTERNATIONAL TRADE COMMISSION SEC. 171. CHANGE OF NAME OF TARIFF COMMISSION. 19 use 2231. (a) The United States Tariff Commission (established by section 330 of the Tariff Act of 1930) is renamed as the United States Inter- 19 use 1330. national Trade Commission. (b) Any reference in any law of the United States, or in any order, rule, regulation, or other document, to the United States Tariff Com- mission (or the Tariff Commission) shall be considered to refer to the United States International Trade Commission. SEC. 172. ORGANIZATION OF THE COMMISSION. (a) Subsections (a) and (b) of section 330 of the Tariff Act of 1930 (19 U.S.C. 1330) are amended to read as follows: " ( a ) MEMBERSHIP.—^The United States International Trade Com- mission (referred to in this title as the "Commission'-) shall be com- posed of six commissioners who shall be appointed by the President, by and with the advice and consent of the Senate. No person shall be eligible for appointment as a commissioner unless he is a citizen of the United States, and, in the judgment of the President, is possessed
20X0 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. of qualifications requisite for developing expert knowledge of inter- national trade problems and efficiency in administering the duties and functions of the Commission. A person who has served "as a commissioner for more than 5 years (excluding service as a commis- sioner before the date of the enactment of the Trade Act of 1974) shall not be eligible for reappointment as a commissioner. Not more than three of the commissioners shall be members of the same political party, and in making appointments members of different political parties shall be appointed alternately as nearly as may be practicable. " ( b ) TERMS OF OFFICE.—The terms of office of the commissioners holding office on the date of the enactment of the Trade Act of 1974 which (but for this sentence) would expire on June 16,1975, June 16, 1976, June 16, 1977, June 16, 1978, June 16, 1979, and June 16, 1980, shall expire on December 16, 1976, June 16, 1978, December 16, 1979, June 16, 1981, December 16, 1982, and June 16, 1984, respectively. The term of office of each commissioner appointed after such date shall expire 9 years from the date of the expiration of the term for which his predecessor was appointed, except that any commissioner appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term." (b) Subsection (c) of such section is amended— (1) by striking out "The" in the first sentence and inserting in lieu thereof "(1) Except as provided in paragraph (2), the"; and (2) by adding at the end thereof the following new paragraph: "(2) Effective on and after June 17, 1975, the commissioner whose term is first to expire and who has at least 18 months remaining in his term shall serve as chairman during the last 18 months of his term (or, in the case of a commissioner appointed to fill a vacancy occurring during such 18-month pei-iod, during the remainder of his term), and the commissioner whose term is second to expire and who has at least 36 months remaining in his term shall serve as vice chairman during the same 18-month period (or, in the case of a commissioner appointed to fill a vacancy occurring during such 18-month period, during the remainder of such 18-month period)." (c) (1) Section 5314 of title 5, United States Code, is amended by adding at the end thereof the following new paragraph: "(61) Chairman, United States International Trade Com- mission." 5 use 5315. ^2) Section 5315 of such title is amended by striking out paragraph (24) and inserting in lieu thereof the following: "(24) Members, United States International Trade Com- mission." 5 use 5316. (3) Section* 5316 of such title is amended by striking out para- graph (93). SEC. 173. VOTING RECORD OF COMMISSIONERS. 19 use 1332. Section 332(g) of the Tariff Act of 1930 (31 U.S.C. 1332(g)) is amended— (1) by striking out "and" before "a summary", and (2) by inserting before the period at the end ", and a list of all votes taken by the commission during the year, showing those commissioners voting in the affirmative and the negative on each vote and those commissioners not voting on each vote and the reasons for not voting".
88 STAT. ] PUBLIC LAW 93-618--JAN. 3, 1975 :2011 SEC. 174. REPRESENTATION IN COURT PROCEEDINGS. Section 333(c) of the Tariff Act of 1930 (19 U.S.C. 1333(c)) is amended— (1) by striking out "Upon application of the Attorney Gen- eral of the United States, at'' in subsection (c) and inserting in lieu thereof "At", and (2) by adding at the end thereof the following new subsection: " ( g ) REPRESENTATION I N COURT PROCEEDINGS.—The Commission shall be represented in all judicial proceedings by attorneys who are employees of the commission or, at the request of the commission, by the Attorney General of the United States." SEC. 175. INDEPENDENT BUDGET AND AUTHORIZATION OF APPRO- PRIATIONS. ( a ) ( 1 ) Eifective with respect to the fiscal year beginning Octo- pendltur^'es^tnd" bei' 1, 1976, for purposes of the Budget and Accounting Act, 1921 (31 proposed appropri- U.S.C. 1 et seq.), estimated expenditures and proposed appropria- faJ°o^pre''s'ide'nt tions for the United States International Trade Commission shall be 19 use 2232. transmitted to the President on or before October 15 of the year preceding the beginning of each fiscal year and shall be included by him in tlie Budget Avithout revision, and the Commission shall not be considered to be a department or establishment for purposes of such Act. (2) Section 3679 of the Revised Statutes (31 U.S.C. 665) is amended by inserting "the United States International Trade Commission," before ", or the District of Columbia" each place it appears in sub- sections (d) and ( g ) . (b) Section 330 of the Tariff Act of 1930 (19 U.S.C. 1330) is amended by adding at the end thereof the following new subsection: "(e) AUTHORIZATION OF APPROPRIATIONS.—For the fiscal year begin- ning October 1, 1976, and each fiscal year thereafter, there are author- ized to be appropriated to the Commission only such sums as may hereafter be provided by law.". (c) (1) Paragraph (2) is enacted as an exercise of the rulemaking power of the Senate and with full I'ecognition of the constitutional right of the Senate to change its rules at any time. (2) Paragraph 6(a) of rule X V I of the Standing Rules of the Senate is amended by adding at the end of the table contained therein the following: "Committee on Finance For the International Trade Commission.". TITLE II—RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION CHAPTER 1—IMPORT RELIEF SEC. 201. INVESTIGATION BY INTERNATIONAL TRADE COMMISSION. ^^ use 2251. (a) (1) A petition for eligibility for import relief for the purpose ti(^'w'ifh°iTc^''' of facilitating orderly adjustment to import competition may be filed with the International Trade Commission (hereinafter in this chapter referred to as the "Commission") by an entity, including a trade asso- ciation, firm, certified or recognized union, or group of workers, which is representative of an industry. The petition shall include a statement describing the specific purposes for which import relief is being sought, which may include such objectives as facilitating the orderly transfer
2012 PUBLIC LAW 93-618-jAN. 3, 1975 [88 STAT. of resources to alternative uses and other means of adjustment to new conditions of competition. (2) Whenever a petition is filed under this subsection, the Commis- sion shall transmit a copy thereof to the Special Representative for Trade Negotiations and the agencies directly concerned. Investigation. (b) (1) Upon the request of the President or the Special Representa- tive for Trade Negotiations, upon resolution of either the Committee on Ways and Means of the House of Representatives or the Committee on Finance of the Senate, upon its own motion, or upon the filing of a petition under subsection (a) (1), the Commission shall promptly make an investigation to determine whether an article is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article like or directly competitive with the imported article. Economic factors. (2) I n making its determinations under paragraph (1), the Com- mission shall take into account all economic factors which it considers relevant, including (but not limited to)— (A) with respect to serious injury, the significant idling of productive facilities in the industry, the inability of a significant number of firms to operate at a reasonable level of profit, and sig- nificant unemployment or underemployment within the industry; (B) with respect to threat of serious injury, a decline in sales, a higher and growing inventory, and a downward trend in pro- duction, profits, wages, or employment (or increasing underem- ployment) in the domestic industry concerned; and (C) with respect to substantial cause, an increase in imports (either actual or relative to domestic production) and a decline in the proportion of the domestic market supplied by domestic producers. (3) For purposes of paragraph (1), in determining the domestic industry producing an article like or directly competitive with an imported article, the Commission— (A) may, in the case of a domestic producer which also imports, treat as part of such domestic industry only its domestic production, (B) may, in the case of a domestic producer which produces more than one article, treat as part of such domestic industry only that portion or subdivision of the producer which produces the like or directly competitive article, and (C) may, in the case of one or more domestic producers, who produce a like or directly competitive article in a major geo- graphic area of the United States and whose production facilities in such area for such article constitute a substantial portion of the domestic industry in the United States and primarily serve the market in such area, and where the imports are concentrated in such area, treat as such domestic industry only that segment of the production located in such area. "Substantial (4) For purposes of this section, the term "substantial cause" means a cause which is important and not less than any other cause. (5) I n the course of any proceeding under this subsection, the Com- mission shall, for the purpose of assisting the President in making his determinations under sections 202 and 203, investigate and report on efforts made by firms and workers in the industry to compete more effectively with imports.
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2013 Increased im- (6) I n the course of any proceeding under this subsection, the Com- ports. misision shall investigate any factors which in its judgment may be contributing to increased imports of the article uij.der investigation; and, whenever in the course of its investigation the Commission has reason to believe that the increased imports are attributable in part to circumstances which come within the purview of the Antidumping Act, 1921, section 303 or 337 of the Tariff Act of 1930, or other remedial 19 u s e 160-171. 19 u s e 1303, provisions of law, the Commission shall promptly notify the appro- 1337. priate agency so that such action may be taken as is otherwise author- Notification. ized by such provisions of law. (c) In the course of any proceeding under subsection (b), the Com- Hearings. mission shall, after reasonable notice, hold public hearings and shall afford interested parties an opportunity to be present, to present evi- dence, and to be heard at such hearings. (d) (1) The Commission shall report to the President its findings Report to Presi- under subsection (b), and the basis therefor and shall include in each report any dissenting or separate views. If the Commission finds with respect to any article, as a result of its investigation, the serious injury or threat thereof described in subsection (b), it shall— (A) find the amount of the increase in, or imposition of, any duty or import restriction on such article which is necessary to prevent or remedy such injury, or (B) if it determines that adjustment assistance under chapters 2, 3, and 4 can effectively remedy such injury, recommend the pro- vision of such assistance, and shall include such findings or recommendation in its report to the President. The Commission shall furnish to the President a transcript ^ Transcript of „ 1 1 . J u • i! I,- T. U -j-x J • J.- hearings and briefs, of the hearings and any brieis which were submitted m connection transmittal to with each investigation. President. (2) The report of the Commission of its determination under sub- section (b) shall be made at the earliest practicable time, but not later than 6 months after the date on which the petition is filed (or the date on which the request or resolution is received or the motion is adopted, as the case may be). Upon making such report to the President, the Commission shall also promptly make public such report (with the exception of information which the Commission determines to be con- fidential) and shall cause a summary thereof to be published in the Publication in Federal Eegister. ^"''"^' Register. (e) Except for good cause determined by the Commission to exist, no investigation for the purposes of this section shall be made with respect to the same subject matter as a previous investigation under this section, unless 1 year has elapsed since the Commission made its report to the President of the results of such previous investigation. (f) (1) Any investigation by the Commission under section 301(b) investigations, contlnuatlon. of the Trade Expansion Act of 1962 (as in effect before the date of ""* 19 u s e ~" 1901. the enactment of this Act) which is in progress immediately before such date of enactment shall be continued under this section in the same manner as if the investigation had been instituted originally under the provisions of this section. For purposes of subsection (d) (2), the petition for any investigation to which the preceding sentence applies shall be treated as having been filed, or the request or resolu- tion as having been received or the motion having been adopted, as the case may be, on the date of the enactment of this Act. (2) If, on the date of the enactment of this Act, the President has not taken any action with respect to any report of the Commission containing an affirmative determination resulting from an investiga-
2014 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. tion under section 301(b) of the Trade Expansion Act of 1962 (as in 19 u s e 1901. effect before the date of the enactment of this A c t ) , such report shall be treated by the President as a report received by him under this section on the date of the enactment of this Act. 19 u s e 2252. SEC. 202, PRESIDENTIAL ACTION AFTER INVESTIGATIONS. (a) After receiving a report from the Commission containing an affirmative finding under section 201(b) that increased imports have been a substantial cause of serious injury or the threat thereof with respect to an industry, the President— (1) (A) shall provide import relief for such industry pursuant to section 203, unless he determines that provision of such relief is not in the national economic interest of the United States, and (B) shall evaluate the extent to which adjustment assistance has been made available (or can be made available) under Ante, pp. 1986, chapters 2, 3, and 4 of this title to the workers and firms in such 1994, 1999. industry and to the communities in which such workers and firms are located, and, after such evaluation, may direct the Secretary of Labor and the Secretary of Commerce that expeditious con- sideration be given to the petitions for adjustment assistance; or (2) if the Commission, under section 201(d), recommends the provision of adjustment assistance, shall direct the Secretaries of Labor and Commerce as described in paragraph (1) ( B ) . (b) Within 60 days (30 days in the case of a supplemental report under subsection ( d ) ) after receiving a report from the Commission containing an affirmative finding under section 201(b) (or a finding under section 201(b) which he considers to be an affirmative finding, 19 u s e 1330. by reason of section 330(d) of the Tariff Act of 1930, within such 60-day (or 30-day) period), the President shall— (1) determine what method and amount of import relief he will provide, or determine that the provision of such relief is not in the national economic interest of the United States, and whether he will direct expeditious consideration of adjustment assistance Publication in petitions, and publish in the Federal Register that, he has made Federal Register. such determination; or Publication in (2) if such report recommends the provision of adjustment Federal R e g i s t e r . assistance, publish in the Federal Register his order to the Secre- tary of Labor and Secretary of Commerce for expeditious con- sideration of petitions. Additional con- (c) In determining whether to provide import relief and what siderations. method and amount of import relief he will provide pursuant to sec- tion 203, the President shall take into account, in addition to such other considerations as he may deem relevant— (1) information and advice from the Secretary of Labor on the extent to which workers in the industry have applied for, are receiving, or are likely to receive adjustment assistance under chapter 2 or benefits from other manpower programs; (2) information and advice from the Secretary of Commerce on the extent to which firms in the industry have applied for, are receiving, or are likely to receive adjustment assistance under chapters 3 and 4; (3) the probable effectiveness of import relief as a means to promote adjustment, the efforts being made or to be implemented by the industry concerned to adjust to import competition, and other considerations relative to the position of the industry in the Nation's economy;
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2015 (4) the effect of impoit relief on consumers (including the price and availability of the imported article and the like or directly competitive article produced in the United States) and on competition in the domestic markets for such articles; (5) the effect of import relief on the international economic interests of the United States; (6) the impact on United States industries and firms as a consequence of any possible modification of duties or other import restrictions which may result from international obligations with respect to compensation; (7) the geographic concentration of imported products mar- keted in the United States; (8) the extent to which the United States market is the focal point for exports of such article by reason of restraints on exports of such article to, or on imports of such article into, third country markets; and (9) the economic and social costs which would be incurred by taxpayers, communities, and workers, if import relief were or were not provided. (d) The President may, within 15 days after the date on which difionarinfo°rml-' he receives an affirmative finding of the Commission under section tion. 201(b) with respect to an industry, request additional information from the Commission. The Commission shall, as soon as practicable but in no event more than 30 days after the date on which it receives the President's request, furnish additional information with respect to such industry in a supplemental report. SEC. 203. IMPORT R E L I E F . 19 u s e 2253. (a) If the President determines to provide import relief under sec- tion 202(a) (1), he shall, to the extent that and for such time (not to exceed 5 years) as he determines necessary taking into account the considerations specified in section 202(c) to prevent or remedy serious injury or the threat thereof to the industry in question and to facilitate the orderly adjustment to new competitive conditions by the industry in question—• (1) proclaim an increase in, or imposition of, any duty on the article causing or threatening to cause serious injury to such industry; (2) proclaim a tariff-rate quota on such article; (3) proclaim a modification of, or imposition of, any quantita- tive restriction on the import into the United States of such article; (4) negotiate orderly marketing agreements with foreign coun- tries limiting the export from foreign countries and the import into the United States of such articles; or (5) take any combination of such actions. (b) (1) On the day on which the President proclaims import relief Documents, transmittal to under this section or announces his intention to negotiate one or more congress orderly marketing agreements, the President shall transmit to Con- gress a document setting forth the action he is taking under this sec- tion. If the action taken by the President differs from the action recommended to him by the Commission under section 201 ( b ) ( 1 ) ( A ) , he shall state the reason for such difference. (2) On the day on which the President determines that the provi- sion of import relief is not in the national economic interest of the United States, the Piesident shall transmit to Congress a document setting forth such determination and the reasons why, in terms of the
2016 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. national economic interest, he is not providing import relief and also what other steps he is taking, beyond adjustment assistance programs immediately available to help the industry to overcome serious injury and the workers to find productive employment. (c)(1) If the President reports under subsection (b) that he is taking action which differs from the action recommended by the Com- mission under section 201 (b) (1) ( A ) , or that he will not provide import relief, the action recommended by the Commission shall take effect (as provided in paragraph (2)) upon the adoption by both Houses of Congress (within the 90-day period following the date on which the document referred to in subsection (b) is transmitted to the Congress), by an affirmative vote of a majority of the Members of each House present and voting, of a concurrent resolution disapproving the ajction taken by the President or his determination not to provide import relief under section 202(a) (1) ( A ) . (2) If the contingency set forth in paragraph (1) occurs, the Presi- dent shall (within 30 days after the adoption of such resolution) proclaim the increase in, or imposition of, any duty or other import restriction on the article which Avas recommended by the Commission under section 201(b). (d) (1) No proclamation pursuant to subsection (a) or (c) shall be made increasing a rate of duty to (or imposing) a rate which is more than 50 percent ad valorem above the rate (if any) existing a t the time of the proclamation. Quantitative restriction. (2) Any quantitative restriction proclaimed pursuant to subsection (a) or (c) and any orderly marketing agreement negotiated pursuant to subsection (a) shall permit the importation of a quantity or value of the article which is not less than the quantity or value of such article imported into the United States during the most recent period which the President determines is representative of imports of such article. (e) (1) Import relief under this section shall be proclaimed and take effect within 15 days after the import relief determination date unless the President announces on such date his intention to negotiate one or more orderly marketing agreements under subsection (a) (4) or (5) in which case import relief shall be proclaimed and take effect within 90 days after the import relief determination date. Marketing (2) If the President provides import relief under subsection (a) agreements. (1), (2), (3), or (5), he may, after such relief takes effect, negotiate orderly marketing agreements with foreign countries, and may, after such agreements take effect, suspend or terminate, in whole or in part, such import relief. (3) If the President negotiates an orderly marketing agreement under subsection (a) (4) or (5) and such agreement does not con- tinue to be effective, he may, consistent with the limitations contained in subsection ( h ) , provide import relief under subsection (a) (1), (2), (3), or (5). "Import relief (4) F o r purposes of this subsection, the term "import relief deter- determination date." mination date" means the date of the President's determination under section 202(b). (f)(1) For purposes of subsections (a) and (c), the suspension 19 u s e 1202. of item 806.30 or 807.00 of the Tariff Schedules of the United States with respect to an article shall be treated as an increase in duty. (2) For purposes of subsections (a) and (c), the suspension of the designation of any article as an eligible article for purposes of title Post, p . 2066. V shall be treated as an increase in duty.
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 :2017 (3) No proclamation providing for a suspension referred to in paragraph (1) with respect to any article shall be made under sub- section (a) or (c) unless the Commission, in addition to making an affirmative determination with respect to such article under section 201(b), determines in the course of its investigation under section 201(b) that the serious injury (or threat thereof) substantially caused by imports to the domestic industry producing a like or directly com- petitive article results from the application of item 806.30 or item 807.00. (4) No proclamation which provides solely for a suspension referred to in paragraph (2) with respect to any article shall be made under subsection (a) or (c) unless the Commission, in addition to making an affirmative determination with respect to such article under section 201(b), determines in the course of its investif>:ation under section 201(b) that the serious injury (or threat thereof) sub- stantially caused by imports to the domestic industry producing a like or directly competitive article results from the des'flrnation of the article as an eligible article for the purposes of title V. ^°®f' P- ^oee. (g) (1) The President shall by regulations provide for the efficient Regulations;. and fair administration of any quantitative restriction proclaimed pursuant to subsection ( a ) ( 3 ) or (c). (2) In order to carry out an agreement concluded under subsection ( a ) ( 4 ) , ( a ) ( 5 ) , or ( e ) ( 2 ) , the President is authorized to prescribe regulations governing the entry or withdrawal from warehouse of articles covered by such agreement. In addition, in order to carry out any agreement concluded under subsection ( a ) ( 4 ) , ( a ) ( 5 ) , or (e) (2) with one or more countries accounting for a major part of United States imports of the article covered by such agreements, including imports into a major geographic area of the United S'ates, the President is authorized to issue regulations governing the entry or withdrawal from warehouse of like articles which are the product of countries not parties to such agreement. (3) Regulations prescribed under this subsection shall, to the extent practicable and consistent with efficient and fair administration, insure against inequitable sharing of imports by a relatively small number of the larger importers. (h) (1) Any import relief provided pursuant to this section shall, import relief, unless renewed pursuant to paragraph (3), terminate no later than t^"""'"^"""- the close of the day which is 5 years after the day on which import relief with respect to the article in question first took effect pursuant to this section. (2) To the extent feasible, any import relief provided pursuant to this section for a period of more than 3 years shall be phased down during the period of such relief, with the first reduction of relief tak- ing effect no later than the close of the day which is 3 years after the day on which such relief first took effect. (3) Any import relief provided pursuant to this section or section 351 or 352 of the Trade Expansion Act of 1962 may be extended by the i9 use 1981, President, at a level of relief no greater than the level in effect ^^^^" immediately before such extension, for one 3-year period if the Presi- dent determines, after taking into account the advice received from the Commission under subsection (i) (2) and after taking into account the considerations described in section 202(c), that such extension is ^"'e- p- 2014. in the national interest.
2018 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. (4) Any import relief provided pursuant to this section may be reduced or terminated by the President when he determines, after taking into account the advice received from the Commission under subsection (i) (2) and after seeking advice of the Secretary of Com- merce and the Secretary of La^bor, that such reduction or termination is in the national interest. (5) For purposes of this subsection and subsection ( i ) , the import relief provided in the case of an orderly marketing agreement shall be the level of relief contemplated by such agreement. Review of de- ( i ) ( l ) So loug as auy import relief provided pursuant to this pons^To'pre's'i^" scctlon or section 351 or 352 of the Trade Expansion Act of 1962 dent. remains in effect, the Commission shall keep under review develop- 1982. ' ments with respect to the industry concerned (including the progress and specific eiforts made by the firms in the industry concerned to adjust to import competition) and upon request of the President shall make reports to the President concerning such developments. (2) Upon request of the President or upon its own motion, the Commission shall advise the President of its judgment as to the prob- able economic effect on the industry concerned of the extension, reduc- tion, or termination of the import relief provided pursuant to this section. (3) Upon petition on behalf of the industry concerned, filed with the Commission not earlier than the date which is 9 months, and not later than the date which is 6 months, before the date any import relief provided pursuant to this section or section 351 or 352 of the Trade Expansion Act of 1962 is to terminate by reason of the expiration of the initial period therefor, the Commission shall advise the President of its judgment as to the probable economic effect on such industry of such termination. (4) In advising the President under paragraph (2) or (3) as to the probable economic effect on the industry concerned, the Com- mission shall take into account all economic factors which it considers relevant, including the considerations set forth in section 202(c) and the progress and specific efforts made by the industry con- cerned to adjust to import competition. "^^""8- (5) Advice by the Commission under paragraph (2) or (3) shall be given on the basis of an investigation during the course of which the Commission shall hold a hearing at which interested persons shall be given a reasonable opportunity to be present, to produce evidence, and to be heard. (j) No investigation for the purposes of section 201 shall be made with respect to an article which has received import relief under this section unless 2 years have elapsed since the last day on which import relief was provided with respect to such article pursuant to this section, (k) (1) Actions by the President pursuant to this section may be Ante, p. 1992. ^^g^\^QJ^ wlthout regard to the provisions of section 126(a) of this Act but only after consideration of the relation of such actions to the international obligations of the United States. Geographic (2) If thc Commlsslou treats as the domestic industry production dom'el'tirpr°o'duc- locatcd lu a major geographic area of the United States under section tion. 2 0 1 ( b ) ( 3 ) ( C ) , then the President shall take into account the geo- graphic concentration of domestic production and of imports in that area in providing import relief, if any, which may include actions authorized under paragraph (1).
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2019 CHAPTER 2—ADJUSTMENT ASSISTANCE FOR WORKERS Subchapter A—Petitions and Determinations SEC. 221. PETITIONS. 19 u s e 2271. (a) A petition for a certification of eligibility to apply for adjust- ment assistance under this chapter may be filed with the Secretary of Labor (hereinafter in this chapter referred to as the "Secretary") by a group of woi-kers or by their certified or recognized union or other duly authorized representative. Upon receipt of the petition, the P u b l i c a t i o n in F e d e r a l Register. Secretary shall promptly publish notice in the Federal Kegister that he has received the petition and initiated an investigation. (b) If the petitioner, or any other person found by the Secretary Hearing. to have a substantial interest in the proceedings, submits not later than 10 days after the date of the Secretary's publication under subsection (a) a request for a hearing, the Secretary shall provide for a public hearing and afford such interested persons an opportunity to be present, to produce evidence, and to be heard. SEC. 222. GROUP ELIGIBILITY REQUIREMENTS. 19 u s e 2272. The Secretary shall certify a group of workers as eligible to apply for adjustment assistance under this chapter if he determines— (1) that a significant number or proportion of the workers in such workers' firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated, (2) that sales or production, or both, of such firm or subdivi- sion have decreased absolutely, and (3) that increases of imports of articles like or directly com- petitive with articles produced by such workers' firm or an appropriate subdivision thereof contributed importantly to such total or partial separation, or threat thereof, and to such decline in sales or production. "eontributed F o r purposes of paragraph (3), the term "contributed importantly" importantly." means a cause which is important but not necessarily more important than any other cause. SEC. 223. DETERMINATIONS BY SECRETARY OF LABOR. 19 u s e 2273. e e r t i f i c a t i o n of (a) As soon as possible after the date on which a petition is filed eligibility. under section 221, but in any event not later than 60 days after that date, the Secretary shall determine whether the petitioning group meets the requirements of section 222 and shall issue a certification of eligibility to apply for assistance under this chapter covering work- ers in any group which meets such requirements. Each certification shall specify the date on which the total or partial separation began or threatened to begin. (b) A certification under this section shall not apply to any worker whose last total or partial separation from the firm or appropriate subdivision of the firm before his application under section 231 occurred— (1) more than one year before the date of the petition on which such certification was granted, or (2) more than 6 months before the effective date of this chapter.
2020 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. Publication in (c) Upon reaching his determination on a petition, the Secretary Federal Register. shall promptly publish a summary of the determination in the Fed- eral Register together with his reasons for making such determination. (d) Whenever the Secretary determines, with respect to any certi- fication of eligibility of the workers of a firm or subdivision of the firm, that total or partial separations from such firm or subdivision are no longer attributable to the conditions specified in section 222, he P u b l i c a t i o n in shall terminate such certification and promptly have notice of such Federal Register. termination published in the Federal Register together with his rea- sons for making such determination. Such termination shall apply only with respect to total or partial separations occurring after the termination date specified by the Secretary. 19 u s e 2274. SEC. 224. STUDY BY SECRETARY OF LABOR WHEN INTERNATIONAL TRADE COMMISSION BEGINS INVESTIGATION; ACTION WHERE THERE IS AFFIRMATIVE FINDING. (a) AVhenever the International Trade Commission (hereafter referred to in this chapter as the "Commission") begins an investiga- tion under section 201 with respect to an industry, the Commission shall immediately notify the Secretary of such investigation, and the Secretary shall immediately begin a study of— (1) the number of workers in the domestic industry producing the like or directly competitivejarticle who have been or are likely to be certified as eligible for adjustment assistance, and (2) the extent to which the adjustment of such workers to the import competition may be facilitated through the use of exist- ing programs. Report to P r e s - (b) The report of the Secretary of the study under subsection (a) ident. shall be made to the President not later than 15 days after the day on Publication in which the Commission makes its report under section 201. Upon mak- Federal Register. ing his report to the President, the Secretary shall also promptly make it public (with the exception of information which the Secretary deter- mmes to be confidential) and shall have a summary of it published in the Federal Register. (c) Whenever the Commission makes an affirmative finding under section 201(b) that increased imports are a substantial cause of seri- ous injury or threat thereof with respect to an industry, the Secretary shall make available, to the extent feasible, full information to the workers in^such industry about programs which may facilitate the adjustment to import competition of such workers, and he shall pro- vide assistance in the preparation and processing of petitions and applications of such workers for program benefits. Subchapter B—Program Benefits PART I—TRADE READJUSTMENT ALLOWANCES 19 u s e 2291. SEC. 231. QUALIFYING REQUIREMENTS FOR WORKERS. Payment of a trade readjustment allowance shall be made to an adversely affected worker covered by a certification under subchapter A who files an application for such allowance for any week of unem- ployment which begins after the date specified in such certification pursuant to section 223(a), if the following conditions are met: (1) Such worker's last total or partial separation before his application under this chapter, occurred—
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2021 (A) on or after the date, as specified in the certification under which he is covered, on which total or partial separa- tion began or threatened to begin in the adversely affected employment, and (B) before the expiration of the 2-year period beginning on the date on which the determination under section 223 was made, and (C) before the termination date (if any) determined pur- suant to section 223 ( d ) ; and (2) Such worker had, in the 52 weeks immediately preceding such total or partial separation, at least 26 weeks of employment at wages of $30 or more a week in adversely affected employment with a single firm or subdivision of a firm, or, if data with respect to weeks of employment are not available, equivalent amounts of employment computed under regulations prescribed by the Secretary. SEC. 232. WEEKLY AMOUNTS. i9 use 2292. (a) Subject to the other provisions of this section, the trade read- justment allowance payable to an adversely affected worker for a week of unemployment shall be— (1) 70 percent of his average weekly wage (but not in excess of the average weekly manufacturing wage), reduced by (2) 50 percent of the amount of the remuneration for services performed during such week, (b) Any adversely affected worker who is entitled to trade read- justment allowances and who is undergoing training approved by the Secretary, including on-the-job training, shall receive for each week in which he is undergoing any such training, a trade readjust- ment allowance in an amount (computed for such week) equal to the amount computed under subsection (a) or (if greater) the amount of any weekly allowance for such training to which he would be entitled under any other Federal law for the training of workers, if he applied for such allowance. Such trade readjustment allowance shall be paid in lieu of any training allowance to which the worker would be entitled under such other Federal law. (c) The amount of trade readjustment allowance payable to an adversely affected worker under subsection (a) for any we-ek shall be reduced by any amount of unemployment insurance which he receives, or which he would receive if he applied for such insurance, with respect to such week; but, if the appropriate State or Federal agency finally determines that the worker was not entitled to unem- ployment insurance with respect to such week, the reduction shall not apply with respect to such week. (d) If unemployment insurance, or a training allowance under any Federal law, is paid to an adversely affected worker for any week of unemployment with respect to which he would be entitled (determined without regard to subsection (c) or (e) or to any disqualification under section 236(c)) to a trade readjustment allowance if he applied for such allowance, each such week shall be deducted from the total num- ber of weeks of trade readjustment allowance otherwise payable to him under section 233(a) when he applies for a trade readjustment allowance and is determined to be entitled to such allowance. If the unemployment insurance or the training allowance paid to such worker for any week of unemployment is less than the amount of the trade readjustment allowance to which he would be entitled if he applied for such allowance, he shall receive, when he applies for a 38-194 O - 76 - 45 Pt. 2
2022 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. trade readjustment allowance and is determined to be entitled to such allowance, a trade readjustment allowance for such week equal to such difference. (e) Whenever, with respect to any week of unemployment, the total amount payable to an adversely affected worker as remuneration for services performed during such week, as unemployment insurance, as a training allowance referred to in subsection ( d ) , and as a trade readjustment allowance exceeds 80 percent of his average weekly wage (or, if lesser, 130 percent of the average weekly manufacturing wage), then his trade readjustment allowance for such week shall be reduced by the amount of such excess. (f) The amount of any weekly payment to be made under this section which is not a whole dollar amount shall be rounded upward to the next higher whole dollar amount. 19 use 2293. SEC. 233. TIME LIMITATIONS ON TRADE READJUSTMENT ALLOW- ANCES. (a) Payment of trade readjustment allowances shall not be made to an adversely affected worker for more than 52 weeks, except that, in accordance with regulations prescribed by the Secretary— (1) such payments may be made for not more than 26 addi- tional weeks "to an adversely affected worker to assist him to complete training approved by the Secretary, or (2) such payments shall be made for not more than 26 addi- tional weeks to an adversely affected worker who had reached his 60th birthday on or before the date of total or partial separation. I n no case may an adversely aft'ected worker be paid trade readjust- ment allowances for more than 78 weeks. (b) (1) Except for a payment made for an additional week under subsection (a) (1) or (a) (2), a trade readjustment allowance may not be paid for a week of unemployment beginning more than 2 years after the beginning of the appropriate week. (2) A trade readjustment allowance may not be paid for an addi- tional week specified in subsection (a) (1) if the adversely affected worker who would receive such allowance did not make a bona fide application to a training program approved by the Secretary within 180 days after the end of the appropriate week or the date of his first certification of eligibility to apply for adjustment assistance issued by the Secretary, whichever is later. (3) A trade readjustment alloAvance may not be paid for an addi- tional week specified in subsection (a) if such additional week begins more than 3 years after the beginning of the appropriate week. (4) For purposes of this subsection, the appropriate week— (A) for a totally separated worker is the week of his most recent total separation, and (B) for a partially separated worker is the first week for which he receives a trade readjustment allowance following his most recent partial separation. 19 use 2294. SEC. 234. APPLICATION OF STATE LAWS. Except where inconsistent with the provisions of this chapter and subject to such regulations as the Secretary may prescribe, the avail- ability and disqualification provisions of the State law— (1) under which an adversely affected worker is entitled to unemployment insurance (whether or not he has filed a claim for such insurance), or
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2023 (2) if he is not so entitled to unemployment insurance, of the State in which he was totally or partially sej>ara,ted, shall apply to any such worker who files a claim for trade readjust- ment allowances. The State law so determined with respect to a separa- tion of a worker shall remain applicable, for purposes of the preceding sentence, with respect to such separation until such worker becomes entitled to unemployment insurance under another State law (whether or not he has filed a claim for such insurance). PART II—TRAINING AND RELATED SERVICES SEC. 235. EMPLOYMENT SERVICES. 19 u s e 2295. The Secretary shall make every reasonable effort to secure for adversely affected workers covered by a certification under subchapter A of this chapter counseling, testing, and placement services, and sup- Ante, p. 2019. portive and other services, provided for under any other Federal law. The Secretary shall, whenever appropriate, procure such services through agreements with cooperating State agencies. SEC. 236. TRAINING. 19 u s e 2296. (a) If the Secretary determines that there is no suitable employ- ment available for an adversely affected worker covered by a certifica- tion under subchapter A of this chapter, but that suitable employment (which may include technical and professional employment) would be available if the worker received appropriate training, he may approve such training. Insofar as possible, the Secretary shall provide or assure the provision of such training on the job. Supplemental (b) The Secretary may, where appropriate, authorize supplemental assistance. assistance necessary to defray transportation and subsistence expenses for separate maintenance when training is provided in facilities which are not within commuting distance of a worker's regular place of resi- dence. The Secretary shall not authorize payments for subsistence Limitations. exceeding $15 per day; nor shall he authorize payments for trans- portation expenses exceeding 12 cents per mile. (c) Any adversely affected worker who, without good cause, refuses to accept or continue, or fails to make satisfactory progress in, suitable training to which he has been referred by the Secretary shall not there- after be entitled to payments under this chapter until he enters or resumes the trainino; to which he has been so referred. PART III—JOB SEARCH A N D RELOCATION ALLOWANCES SEC. 237. JOB SEARCH ALLOWANCES. 19 u s e 2297. (a) Any adversely affected worker covered by a certification under subchapter A of this chapter who has been totally separated may file an application with the Secretary for a job search allowance. Such allowance, if granted, ^hall provide reimbursement to the worker of 80 percent of the cost of his necessary job search expenses as pre- scribed by regulations of the Secretary; except that such reimburse- Limitation. ment may not exceed $500 for any worker. (b) A job search allowance may be granted only— Conditions. (1) to assist an adversely affected worker in securing a job within the United States; (2) where the Secretary determines that such worker cannot reasonably be expected to secure suitable employment in the commuting area in which he resides; and
2024 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. (3) where the worker has filed an application for such allow- ance with the Secretary no later than 1 year after the date of his last total separation before his application under this chapter or (in the case of a worker who has been referred to training by the Secretary) within a reasonable period of time after the con- clusion of such training period. 19 u s e 2298. SEC. 238. RELOCATION ALLOWANCES. (a) Any adversely affected worker covered by a certification under Ante, p. 2019. subchapter A of this chapter who has been totally separated may file an application with the Secretary for a relocation allowance, subject to the terms and conditions of this section. Conditions. (b) A relocation allowance may be granted only to assist an adversely affected worker in relocating within the United States and only if the Secretary determines that such worker cannot reasonably be expected to secure suitable employment in the commuting area in which he resides and that such worker— (1) has obtained suitable employment affording a reasonable expectation of long-term duration in the area in which he wishes to relocate, or (2) has obtained a bona fide offer of such employment. (c) A relocation allowance shall not be granted to such worker unless— (1) for the week in which the application for such allowance is filed, he is entitled to a trade readjustment allowance (deter- mined without regard to section 232 (c) and (e)) or would be so entitled (determined without regard to whether he filed applica- tion therefor) but for the the fact that he has obtained the employment referred to in subsection (b) (1), and (2) such relocation occurs within a reasonable period after the filing of such application or (in the case of a worker who has been referred to training by the Secretary) within a reasonable period after the conclusion of such training. Under regulations prescribed by the Secretary, a relocation allowance shall not be granted to more than one member of the family with respect to the same relocation. "Relocation (d) For the purposes of this section, the term "relocation allowance." allowance" means—• (1) 80 percent of the reasonable and necessary expenses, as specified in regulations prescribed by the Secretary, incurred in transporting a worker and his family, if any, and household effects, and (2) a lump sum equivalent to three times the worker's average weekly wage, up to a maximum payment of $500. Subchapter C—General Provisions 19 u s e 2311. SEC. 239. AGREEMENTS WITH STATES. (a) The Secretary is authorized on behalf of the United States to enter into an agreement with any State, or with any State agency (referred to in this subchapter as "cooperating States" and "cooperat- ing States agencies" respectively). Under such an agreement, the cooperating State agency (1) as agent of the United States, will receive applications for, and will provide, payments on the basis provided in this chapter, (2) where appropriate, will afford adversely affected workers who apply for payments under this chapter testing, counsel-
88 STAT.] PUBLIC LAW 9a-618-JAN. 3, 1975 2025 ing, referral to training, and placement services, and (3) will otherwise cooperate with the Secretary and with other State and Federal agen- cies in providing payments and services under this chapter. (b) Each agreement under this subchapter shall provide the terms Terms and con- ditions. and conditions upon which the agreement may be amended, sus- pended, or terminated. (c) Each agreement under this subchapter shall provide that unem- Unemployment insurance. ployment insurance otherwise payable to any adversely affected worker will not be denied or reduced for any week by reason of any right to payments under this chapter. (d) A determination by a cooperating State agency with respect to Entitlement to benefits, review. entitlement to program benefits under an agreement is subject to review in the same manner and to the same extent as determinations under the applicable State law and only in that manner and to that extent. 26 u s e 3302. (e) Section 3302(c) of the Internal Revenue Code of 1954 (relat- ing to credits against Federal unemployment tax) is amended by inserting after paragraph (3) the following new paragraph: "(4) If the Secretary of Labor determines that a State, or State agency, has not— " ( A ) entered into the agreement described in section 239 of the Trade Act of 1974, with the Secretary of Labor before Ante, p. 2024. July 1,1975, or " ( B ) fulfilled its commitments under an agreement with the Secretary of Labor as described in section 239 of the Trade Act of 1974, then, in the case of a taxpayer subject to the unemployment compensation law of such State, the total credits (after applying subsections (a) and (b) and paragraphs (1), (2), and (3) of this section) otherwise allowable under this section for a year during which such State or agency does not enter into or fulfill such an agreement shall be reduced by 15 percent of the tax imposed with respect to wages paid by such taxpayer during such year which are attributable to such State.". SEC. 240. ADMINISTRATION ABSENT STATE AGREEMENT. 19 u s e 2312. Hearing. (a) In any State where there is no agreement in force between a State or its agency under section 239, the Secretary shall arrange under regulations prescribed by him for performance of all necessary functions under subchapter B of this chapter, including provision Ante, p. 2020. for a fair hearing for any worker whose application for payments is denied. (b) A final determination under subsection (a) with respect to J u d i c i a l review. entitlement to program benefits under subchapter B of this chapter is subject to review by the courts in the same manner and to the same extent as is provided by section 205(g) of the Social Security Act (42 U.S.C. sec. 405(g)). SEC. 241. PAYMENTS TO STATES. 19 u s e 2313. (a) The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each cooperating State the sums necessary to enable such State as agent of the United States to make payments provided for by this chapter. The Secretary of the Treasury, prior to audit or settlement by the General Accounting Office, shall make payment to the State from the Adjustment Assistance Trust Fund established in section 245 in accordance with such certification.
2026 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. (b) All money paid a State under this section shall be used solely for the purposes for which it is paid; and money so paid which is not used for such purposes shall be returned, at the time specified in the agreement under this subchapter, to the Secretary of the Treasury and credited to Adjustment Assistance Trust Fund. ^ Surety bond to ^(.^ ^j^y agreement under this subchapter may require any officer or employee of the State certifying payments or disbursing funds under the agreement or otherwise participating in the performance of the agreement, to give a surety bond to the United States in such amount as the Secretary may deem necessary, and may provide for the payment of the cost of such bond from funds for carrying out the purposes of this chapter. 19 use 2314. SEC. 242. LIABILITIES OF CERTIFYING AND DISBURSING OFFICERS. (a) No person designated by the Secretary, or designated pursuant to an agreement under this subchapter, as a certifving officer, shall, in the absence of gross negligence or intent to defraud the United States, be lia;ble with respect to any payment certified by him under this chapter. (b) No disbursing officer shall, in the absence of gross negligence or intent to defraud the United States, be liable with respect to any pay- ment by him under this chapter if it was based upon a voucher signed by a certifying officer designated as provided in subsection (a). 19 use 2315. SEC. 243. RECOVERY OF OVERPAYMENTS. (a) If a cooperating State agency or the Secretary, or a court of competent jurisdiction finds that any person— (1) has made or has caused to be made by another, a false state- ment or representation of a material fact knowing it to be false, or has knowingly failed or caused another to fail to disclose a material fact; and (2) as a result of such action has received any payment under this chapter to which he was not entitled, such person shall be liable to repay such amount to the State agency or the Secretary as the case may be, or either may recover such amount by deductions from any sums payable to such person under this chap- ter. Any such finding by a State agency or the Secretary may be made only after an opportunity for a fair hearing. (b) Any amount repaid to a State agency under this section shall be deposited into the fund from which payment was made. Any amount repaid to the Secretary under this section shall be returned to the Secretary of the Treasury and credited to the Adjustment Assistance Trust Fund. 19 use 2316. SEC. 244. PENALTIES. Whoever makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, for the purpose of obtaining or increasing for himself or for any other person any payment authorized to be furnished under this chapter or pursuant to an agreement under section 239 shall be fined not more than $1,000 or imprisoned for not more than one year, or both. 19 use 2317. SEC. 245. CREATION OF TRUST FUND; AUTHORIZATION OF APPRO- PRIATIONS OUT OF CUSTOMS RECEIPTS. siftl^ceTmsf ^ (^) There is hereby established on the books of the Treasury of Fund. the United States a trust fund to be known as the "Adjustment Assist- Estabiishment. QJT^^ Trust F u n d " (referred to in this section as the "Trust F u n d " ) .
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 ^^27 The Trust Fund shall consist of such amounts as may be dej)osited in it pursuant to the authorization contained in subsection ( b ) . Amounts in the Trust Fund may be used only to carry out the provisions of this chapter (including; administrative costs). The Secretary of the Report to con- A -t -I Ere s s Treasury shall be the trustee of the Trust Fund and shall report to the Congress not later than March 1 of each year on the operation and status of the Trust Fund during the preceding fiscal year. (b) (1) There are hereby authorized to be appropriated to the Trust Appropriations. Fund, out of amounts in the general fund of the Treasury attributa- ble to the collections of customs duties not otherwise appropriated, for each fiscal year ending after the date of the enactment of this Act, such siuns as may be necessary to carry out the provisions of this chapter (including administrative costs). (2) There are authorized to be appropriated to the Trust Fund, for purposes of training (including administrative costs) underNgection 236 such sums as may be necessary. SEC. 246. TRANSITIONAL PROVISIONS. 19 use 2318. (a) Where a group of workers has been certified as eligible to apply ^.^^^f*'^^ appu- for adjustment assistance under section 302(b) (2) or (c) of the Trade Expansion Act of 1962, any worker who has not had an application for ^^ "^^ ^^o^- trade readjustment allowances under section 322 of that Act denied ^^ ^^^ ^^'*^- before the effective date of this chapter may apply under section 231 of Ante, p. 2020. this Act as if the group certification under which he claims coverage had been made under subchapter A of this chapter. (b) I n any case where a group of workers or their certified or recog- nized union or other duly authorized representative has filed a petition 19 u s e 1901. under section 301(a) (2) of the Trade Expansion Act of 1962, more than 4 months before the effective date of this chapter and (1) the Commission has not rejected such petition before the effective date of this chapter, and (2) the President or his delegate has not issued a certification under section 302(c) of that Act to the petitioning group before the effective date of this chapter, such group or representative thereof may file a new petition under sec- tion 221 of this Act, not later than 90 days after the effective date of this chapter. F o r purposes of section 223(b) (1), the date on which such group or representative filed the petition under the Trade Expansion 19 u s e 1801 Act of 1962 shall apply. Section 223(b) (2) shall not apply to workers note. covered by a certification issued pursuant to a petition meeting the requirements of this subsection. (c) A group of workers may file a petition under section 221 cover- ing weeks of unemployment (as defined in the Trade Expansion Act of 1962) beginning before the effective date of this chapter, or covering such weeks and also weeks of unemployment beginning on or after the effective date of this chapter. (d) Any worker receiving payments pursuant to this section shall be entitled— (1) for weeks of unemployment (as defined in the Trade Expansion Act of 1962) beginning before the effective date of this chapter, to the rights and privileges provided in chapter 3 of title I I I of such Act, and 19 use 1931. (2) for weeks of unemployment beginning on or after the effective date of this chapter, to the rights and privileges provided in this chapter, except that the total number of weeks of unem- ployment, as defined in the Trade Expansion Act of 1962, for which trade readjustment allowances were payable under that
2028 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. Act shall be deducted from the total number of weeks of unem- ployment for which an adversely affected worker is eligible for trade readjustment allowances under this chapter, Data, avail- (e) The Commission shall make available to the Secretary on ability. request data it has acquired in investigations under section 301 of the 19 u s e 1901. Trade Expansion Act of 1962 concluded within the 2-year period end- ing on the effective date of this chapter which did not result in Presi- 19 use 1902. dential action under section 302(a) (3) or 302(c) of that Act. 19 use 2319. gEc 247. DEFINITIONS. For purposes of this chapter— (1) The term "adversely affected employment" means employ- ment in a firm or appropriate subdivision of a firm, if workers of such firm or subdivision are eligible to apply for adjustment assistance under this chapter. (2) The term "adversely affected worker" means an individual who, because of lack of work in adversely affected employment— (A) has been totally or partially separated from such employment, or (B) has been totally separated from employment with the firm in a subdivision of which such adversely affected employment exists. (3) The term "average weekly manufacturing wage" means the national gross average weekly earnings of production workers in manufacturing industries for the latest calendar year (as officially published annually by the Bureau of Labor Statistics of the Department of Labor) most recently published before the period for which the assistance under this chapter is furnished. (4) The term "average weekly wage" means one-thirteenth of the total wages paid to an individual in the high quarter. For pur- poses of this computation, the high quarter shall be that quarter in which the individual's total wages w^ere highest among the first 4 of the last 5 completed calendar quarters immediately before the quarter in which occurs the week with respect to which the com- putation is made. Such week shall be the week in which total sepa- ration occurred, or, in cases where partial separation is claimed, an appropriate week, as defined in regulations prescribed by the Secretary. (5) The term "average weekly hours" means the average hours worked by the individual (excluding overtime) in the employment from which he has been or claims to have been separated in the 52 weeks (excluding weeks during which the individual was sick or on vacation) preceding the week specified in the last sentence of paragraph (4). (6) The term "partial separation" means, with respect to an individual who has not been totally separated, that he has had— (A) his hours of work reduced to 80 percent or less of his average weekly hours in adversely affected employment, and (B) his wages reduced to 80 percent or less of his average weekly wage in such adversely affexjted employment. (7) The term "remuneration" means wages and net earnings derived from services performed as a self-employed individual. (8) The term "State" includes the District of Columbia and the Commonwealth of Puerto Rico; and the term "United States" when used in the geographical sense includes such Commonwealth. (9) The term "State agency" means the agency of the State which administers the State law.
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2029 (10) The term "State law'' means the unemployment insurance law of the State approved by the Secretary of Labor under section 3304 of the Internal Revenue Code of 1954. ^e use 3304. (11) The term "total separation" means the layoff or severance of an individual from employment with a firm in which, or in a subdivision of which, adversely affected employment exists. (12) The term "unemployment insurance" means the unem- ployment insurance payable to an individual under any State law or Federal unemployment insurance law, including chapter 85 of title 5, United States Code, and the Railroad Unemploy- s use ssoi. ment Insurance Act. 45 use 367. (13) The term "week" means a week as defined in the applicable State law. (14) The term "week of unemployment" means with respect to an individual any week for which his remuneration for services performed during such week is less than 80 percent of his average weekly wage and in which, because of lack of work— (A) if he has been totally separated, he worked less than the full-time week (excluding overtime) in his current occupation, or (B) if he has been partially separated, he worked 80 per- cent or less of his average weekly hours. SEC. 248. REGULATIONS. i^ use 2320. The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this chapter. SEC. 249. SUBPENA POWER. 19 use 2321. (a) The Secretary may require by subpena the attendance of wit- nesses and the production of evidence necessary for him to make a determination under the provisions of this chapter. (b) If a person refuses to obey a subpena issued under subsection ( a ) , a United States district court within the jurisdiction of which the relevant proceeding under this chapter is conducted may, upon petition by the Secretary, issue an order requiring compliance with such subpena. SEC. 250. JUDICIAL REVIEW. 19 u s e 2322. (a) A worker, group of workers, certified or recognized union, or an authorized representative of such worker or group, aggrieved by a final determination by the Secretary under the provisions of section 223 may, within 60 days after notice of such determination, file a petition for review of such determination with the United States court of appeals for the circuit in which such worker or group is located or in the United States Court of Appeals for the District of Columbia Circuit. The clerk of such court shall send a copy of such petition to the Secretary. Upon receiving such petition, the Secre- tary shall promptly certify and file in such court the record on which he based such determination. (b) The findings of fact by the Secretary, if supported by sub- stantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substan- tial evidence.
2030 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. (c) The court shall have jurisdiction to aiRrm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. CHAPTER 3—ADJUSTMENT ASSISTANCE FOR FIRMS 19 u s e 2341. SEC. 251. PETITIONS AND DETERMINATIONS. (a) A petition for a certification of eligibility to apply for adjust- ment assistance under this chapter may be filed with the Secretary of Commerce (hereinafter in this chapter referred to as the "Secretary") P u b l i c a t i o n in by a firm or its representative. Upon receipt of the petition, the Secre- Federal Register. tary shall promptly publish notice in the Federal Register that he has received the petition and initiated an investigation. (b) If the petitioner, or any other person, organization, or group found by the Secretary to have a substantial interest in the proceed- ings, submits not later than 10 days after the date of the Secretary's publication under subsection (a) a request for a hearing, the Secretary shall provide for a public hearing and afford such interested persons an opportunity to be present, to produce evidence, and to be heard. (c) The Secretary shall certify a firm as eligible to apply for adjust- ment assistance under this chapter if he determines— (1) that a significant number or propoition of the workers in such firm have become totally or partially separated, or are threatened to become totally or partially separated, (2) that sales or production, or both, of such firm have decreased absolutely, and (3) that increases of imports of articles like or directly com- petitive with articles produced by such firm contributed impor- tantly to such total or partial separation, or threat thereof, and to such decline in sales or production. "Contributed For purposes of paragraph (3), the term "contributed importantly" importantly." means a cause which is important but not necessarily more important than any other cause. (d) A determination shall be made by the Secretary as soon as possible after the date on which the petition is filed under this section, but in any event not later than 60 days after that date. 19 u s e 2342. SEC. 252. APPROVAL OF ADJUSTMENT PROPOSALS. Filing of appli- (a) A firm certified under section 251 as eligible to apply for adjust- cation. ment assistance may, at any time within 2 years after the date of such certification, file an application with the Secretary for adjustment assistance under this chapter. Such application shall include a pro- posal for the economic adjustment of such firm. (b) (1) Adjustment assistance under this chapter consists of tech- nical assistance and financial assistance, which may be furnished singly Approval con- or in combination. The Secretary shall approve a firm's application ditions. for adjustment assis^^ance only if he determines— (A) that the firm has no reasonable access to financing through the private capital market, and (B) that the firm's adjustment proposal— (i) is reasonably calculated materially to contribute to the economic adjustment of the firm,
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2031 (ii) gives adequate consideration to the interests of the workers of such firm, and (iii) demonstrates that the firm will make all i-easonable efforts to use its own resources for economic development. (2) The Secretary shall make a determination as soon as possible after the date on which an application is filed under this section, but in no event later than 60 days after such date. Technical as- (c) In order to assist a firm which has been certified as eligible sistance. to apply for adjustment assistance under this chapter in preparing a viable adjustment proposal, the Secretary may furnish technical assistance to such firm. (d) Whenever the Secretary determines that any firm no longer Termination; publication in requires assistance under this chapter, he shall terminate the certifi- Federal R e g i s t e r . cation of eligibility of such firm and promptly have notice of such termination published in the Federal Register, Such termination shall take effect on the termination date specified by the Secretary. SEC. 253. TECHNICAL ASSISTANCE. 19 u s e 2343. (a) The technical assistance furnished under this chapter shall consist of— (1) assistance to the firm in developing a proposal for its eco- nomic adjustment, (2) assistance in the implementation of such a proposal, or (3) both. (b) The Secretary may provide to a firm certified under section Terms and con- ditions. 251, on such terms and conditions as he determines to be appropriate, such technical assistance as in his judgment will carry out the pur- poses of this chapter with respect to such firm. (c) The Secretary shall furnish technical assistance under this chapter through existing agencies and through private individuals, firms, and institutions. In the case of assistance furnished through private individuals, firms, and institutions (including private con- sulting services), the Secretary may share the cost thereof (but not more than 75 percent of such cost may be borne by the United States). 19 u s e 2344. SEC. 254. FINANCIAL ASSISTANCE. (a) The Secretary may provide to a firm, on such terms and con- Terms and con- ditions. ditions as he determines to be appropriate, such financial assistance in the form of direct loans or guarantees of loans as in his judgment will materially contribute to the economic adjustment of the firm. The assumption of an outstanding indebtedness of the firm, with or without recourse, shall be considered to be the making of a loan for purposes of this section. (b) Loans or guarantees of loans shall be made under this chapter only for the purpose of making funds available to the firm— (1) for acquisition, construction, installation, modernization, development, conversion, or expansion of land, plant, buildings, equipment, facilities, or machinery, or (2) to supply such working capital as may be necessary to enable the firm to implement its adjustment proposal. Direct l o a n s , (c) To the extent that loan funds can be obtained from private restriction. sources (with or without a guarantee) at the rate provided in the first sentence of section 255(b), no direct loan shall be provided to a firm under this chapter. SEC. 255. CONDITIONS FOR FINANCIAL ASSISTANCE. 19 u s e 2345. (a) No financial assistance shall be provided under this chapter unless the Secretary determines—
2032 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. (1) that the funds required are not available from the firm's own resources; and (2) that there is reasonable assurance of repayment of the loan. Interest rate. (b) The rate of interest on loans which are guaranteed under this chapter shall be no higher than the maximum interest per annum that a participating financial institution may establish on guaranteed loans made pursuant to section 7(a) of the Small Business Act (15 TJ.S.C. 636(a)). The rate of interest on direct loans made under this chapter shall be (i) a rate determined by the Secretary of the Treas- ury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remain- ing periods to maturity that are comparable to the average matu- rities of such loans, adjusted to the nearest one-eighth of 1 percent, plus (ii) an amount adequate in the judgment of the Secretary to cover administrative costs and probable losses under the program. Maturities, limi- (c) The Secretary shall make no loan or guarantee of a loan having tation. a maturity in excess of 25 years, including renewals and extensions. Such limitation on maturities shall not, however, apply— (1) to securities or obligations received by the Secretarv as claimant in bankruptcy or equitable reorganization, or as creditor in other proceedings attendant upon insolvency of the obligor, or (2) to an extension or renewal for an additional period not exceeding 10 years, if the Secretary determines that such extension or renewal is reasonably necessary for the orderly liquidation of the loan. Priority. (d) In making guarantees of loans, and in making direct loans, the Secretary shall give priority to firms which are small within the 15 u s e 631 note. meaning of the Small Business Act (and regulations promulgated thereunder). (e) No loan shall be guaranteed by the Secretary in an amount which exceeds 90 percent of the balance of the loan outstanding. Operating re- (f) The Secretary shall maintain operating reserves with respect to anticipated claims under guarantees made under this chapter. Such reserves shall be considered to constitute obligations for purposes of section 1311 of the Supplemental Appropriation Act, 1955 (31 U.S.C. 200). (g) The Secretary may charge a fee to a lender which makes a loan guaranteed under this chapter in such amount as is necessary to cover the cost of administration of such guarantee. Limitations. (h) (1) The aggregate amount of loans made to any firm which are guaranteed under this chapter and which are outstanding at any time shall not exceed $3,000,000. (2) The aggregate amount of direct loans made to any firm under this chapter which are outstanding at any time shall not exceed $1,000,000. 19 u s e 2346. SEC. 256. DELEGATION OF FUNCTIONS TO SMALL BUSINESS ADMINIS- TRATION; AUTHORIZATION OF APPROPRIATIONS. (a) I n the case of any firm which is small (within the meaning of the Small Business Act and regulations promulgated thereunder), the Secretary may delegate all of his functions under this chapter (other than the functions under sections 251 and 252(d) with respect to the certification of eligibility and section 264) to the Administrator of the Small Business Administration. (b) There are hereby authorized to be appropriated to the Secre- tary such sums as may be necessary from time to time to carry out his
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2033 functions under this chapter in connection with furnishing adjustment assistance to firms, which sums are authorized to be appropriated to remain available until expended. (c) The unexpended balances of appropriations authorized by section 312(d) of the Trade Expansion Act of 1962 are transferred to 19 use 1912. the Secretary to carry out his functions under this chapter. SEC. 257. ADMINISTRATION OF FINANCIAL ASSISTANCE. i9 use 2347. (a) I n making and administering guarantees and loans under sec- tion 254, the Secretary may— (1) require security for any such guarantee or loan, and eniorce, waive, or subordinate such security; (2) assign or sell at public or private sale, or otherwise dispose of, upon such terms and conditions and for such consideration as he shall determine to be reasonable, any evidence of debt, contract, claim, personal property, or security assigned to or held by him in connection with such guarantees or loans, and collect, compro- mise, and obtain deficiency judgments with respect to all obliga- tions assigned to or held by him in connection with such guarantees or loans until such time as such obligations may be referred to the Attorney General for suit or collection; (3) renovate, improve, modernize, complete, insure, rent, sell, or otherwise deal with, upon such terms and conditions and for such consideration as he shall determine to be i/easonable, any real or personal property conveyed to or otherwise acquired by him in connection with such guarantees or loans; (4) acquire, hold, transfer, release, or convey any real or per- sonal property or any interest therein whenever deemed necessary or appropriate, and execute all legal documents for such pur- poses; and (5) exercise all such other powers and take all such other acts as may be necessary or incidental to the carrying out of functions pursuant to section 254. (b) Any mortgage acquired as security under subsection (a) shall be recorded under applicable State law. (c) All repayments of loans, payments of interest, and other receipts arising out of transactions entered into by the Secretary pur- suant to this chapter, shall be available for financing functions per- formed under this chapter, including administrative expenses in connection with such functions. SEC. 258. PROTECTIVE PROVISIONS. i9 use 2348. (a) Each recipient of adjustment assistance under this chapter shall Recordkeeping. keep records which fully disclose the amount and disposition by such recipient of the proceeds, if any, of such adjustment assistance, and which will facilitate an effective audit. The recipient shall also keep such other records as the Secretary may prescribe. (b) The Secretary and the Comptroller General of the United GAO audit. States shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient pertaining to adjustment assistance under this chapter. (c) No adjustment assistance under this chapter shall be extended to any firm unless the owners, partners, or officers certify to the Secretary— (1) the names of any attorneys, agents, and other persons engaged by or on behalf of the firm for the purpose of expediting applications for such adjustment assistance; and
2034 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. (2) the fees paid or to be paid to any such person, (d) No financial assistance shall be provided to any firm under this chapter unless the owners, partners, or officers shall execute an agree- ment binding them and the firm for a period of 2 years after such financial assistance is provided, to refrain from employing, tendering any office or employment to, or retaining for professional services any person who, on the date such assistance or any part thereof was pro- vided, or within 1 year prior thereto, shall have served as an officer, attorney, agent, or employee occupying a position or engaging in activities which the Secretary shall have determined involve discretion with respect to the provision of such financial assistance. 19 use 2349. SEC. 259. PENALTIES. Whoever makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, or whoever willfully overvalues any security, for the purpose of influencing in any way a determination under this chapter, or for the purpose of obtaining money, property, or anything of value under this chapter, shall be fined not more than $5,000 or imprisoned for not more than 2 years, or both. 19 use 2350. SEC. 260. SUITS. I n providing technical and financial assistance under this chapter the Secretary may sue and be sued in any court of record of a State having general jurisdiction or in any United States district court, and jurisdiction is conferred upon such district court to determine such controversies without regard to the amount in controversy; but no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against him or his property. Nothing in this section shall be construed to except the activities pursuant to sections 253 and 254 from the application of sections 516, 547, and 2679 of title 28 of the United States Code. 19 use 2351. SEC. 261. DEFINITIONS. For purposes of this chapter, the term "firm" includes an individual proprietorship, partnership, ]oir\i venture, association, corporation (including a development corporation), business trust, cooperative, trustee in bankruptcy, and receiver under decree of any court. A firm, together with any predecessor or successor firm, or any affiliated firm controlled or substantially beneficially owned by substantially the same persons, may be considered a single firm where necessary to prevent unjustifiable benefits. 19 use 2352. SEC. 262. REGULATIONS. The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this chapter. 19 use 2353. SEC. 26S. TRANSITIONAL PROVISIONS. (a) I n any case where a firm or its representative has filed a petition with the International Trade Commission (hereafter in this chapter referred to as the "Commission") under section 301(a)(2) of the 19 u s e 1901. Trade Expansion Act of 1962, and the Commission has not made its determination under section 301(c) of that Act before the effective date of this chapter, such firm may reapply under the provisions of section 251 of this Act. I n order to assist the Secretary in making his determination under such section 251 with respect to such firm, the Commission shall make available to the Secretary, on request, data it has acquired with respect to its investigation.
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2035 (b) If, on the effective date of this chapter, the President (or his delegate) has not taken action under section 302(c) of the Trade Expansion Act of 1962 with respect to a report of the Commission 19 use 1902. containing an affirmative finding under section 301(c) of that Act 19 use 1901. or a report with respect to which an equal number of Commissioners are evenly divided, the Secretary may treat such report as a certifi- cation of eligibility made under section 251 of this Act on the effec- tive date of this chapter. (c) Any certification of eligibility of a firm under section 302(c) of the Trade Expansion Act of 1962 made before the effective date 19 use 1902.. of this chapter shall be treated as a certification of eligibility made under section 251 of this Act on the date of the enactment of this Act; except that any firm whose adjustment proposal was certified under section 311 of the Trade Expansion Act of 1962 before the 19 use 1911. effective date of this chapter may receive adjustment assistance at the level set forth in such certified proposal. SEC. 264. STUDY BY SECRETARY OF COMMERCE V/HEN INTERNA- 19 use 23 54. TIONAL TRADE COMMISSION BEGINS INVESTIGATION; ACTION WHERE THERE IS AFFIRMATIVE FINDING. (a) Whenever the Commission begins an investigation under section 201 with respect to an industry, the Commission shall immediately notify the Secretary of such investigation, and the Secretary shall immediately begin a study of— (1) the number of firms in the domestic industry producing the like or directly competitive article which have been or are likely to be certified as eligible for adjustment assistance, and (2) the extent to which the orderly adjustment of such firms to the import competition may be facilitated through the use of existing programs. (b) The report of the Secretary of the study under subsection (a) PresfdJnt? shall be made to the President not later than 15 days after the day on which the Commission makes its report under section 201. Upon mak- p"'^^ P* .^°^^' ing its report to the President, the Secretary shall also promptly make Federal Register. it public (with the exception of information which the Secretary determines to be confidential) and shall have a summary of it published in the Federal Register. (c) Whenever the Commission makes an affirmative finding under section 201 (b) that increased imports are a substantial cause of serious injury or threat thereof with respect to an industry, the Secretary shall make available, to the extent feasible, full information to the firms in such industry about programs which may facilitate the orderly adjust- ment to import competition of such firms, and he shall provide assist- ance in the preparation and processing of petitions and applications of such firms for program benefits. CHAPTER 4—ADJUSTMENT ASSISTANCE FOR COMMUNITIES SEC. 271. PETITIONS AND DETERMINATIONS. 19 use 2371. (a) A petition for certification of eligibility for adjustment assist- ance under this chapter may be filed with the Secretary of Commerce (hereinafter in this chapter referred to as the "Secretary") by a politi- cal subdivision of a State (hereinafter in this chapter refen*ed to as a "community"), by a group of such communities, or by the Governor of a State on behalf of such communities. Upon receipt of the petition, the
2036 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. Publication in Federal Register. Secretary shall promptly publish notice in the Federal Eegister that he has received the petition and initiated an investigation. Hearing. (b) If the petitioner, or any other person found by the Secretary to have a substantial interest in the proceedings, submits not later than 10 days after the Secretary's publication of notice under subsection (a) a request for a hearing the Secretary shall provide for a public hearing and afford such interested persons an opportunity to be present, to produce evidence, and to be heard. (c) The Secretary shall certify a community as eligible for adjust- ment assistance under this chapter if he determines— (1) that a significant number or proportion of the workers in the trade impacted area in which such community is located have become totally or partially separated, or are threatened to become totally or partially separated, (2) that sales or production, or both, of firms, or subdivisions of firms, located in the trade impacted area specified in paragraph (1) have decreased absolutely, and (3) that increases of imports of articles like or directly com- petitive with articles produced by firms, or subdivisions of firms, located in the trade impacted area specified in paragraph (1) or that the transfer of firms or subdivisions of firms located in such area to foreign countries have contributed importantly to the total or partial separations, or threats thereof, described in paragraph (1) and to the decline in sales or production described in para- graph (2). "Contributed importantly." F o r purposes of paragraph (3), the term "contributed importantly" means a cause which is important but not necessarily more important than any other cause. (d) As soon as possible after the date on which a petition is filed under this section, but in any event not later than 60 days after that date, the Secretary shall determine whether the petitioning community, or group of communities, meets the requirements of subsection (c) and shall issue a certification of eligibility for assistance under this chapter covering any community located in the same trade impacted area in which the petitioner is located which meets such requirements. (e) The Secretary, after consulting the Secretary of Labor, shall establish the size and boundaries of each trade impacted area, con- sidering the criteria in subsection (c) and, to the extent they are relevant, the factors specified as criteria for redevelopment areas under section 401 of the Public Works and Economic Development Act of 42 u s e 3 1 6 1 . 1965. Certification of eligibility, termi- (f) If the Secretary determines that a community requires no addi- nation; publica- tional assistance under this chapter, he shall terminate the certification tion in F e d e r a l of eligibility of such community and promptly have notice of such Register, termination published in the Federal Eegister. Such termination shall take effect on the termination date specified by the Secretary. 19 u s e 2372. SEC. 272. TRADE IMPACTED AREA COUNCILS. Trade Impacted (a) Within 60 days after a community is certified under section 271, Area Council for Adjustment the Secretary shall send his representatives to the trade impacted area Assistance. in which such community is located to inform officials of communi- Establishment. ties and other residents of such area about benefits available to them under this Act and to assist such officials and residents in establishing •a Trade Impacted Area Council for Adjustment Assistance (herein- after in this chapter referred to as the "Council") for such area. (b) (1) The Secretary shall establish, subject to the last sentence of
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2037 this paragraph, a Council for each trade impacted area in which one or more communities are certified under section 271. Such Council shall— (A) develop a proposal for an adjustment assistance plan for the economic rejuvenation of certified communities in its trade impacted area, and (B) coordinate community action under the adjustment assist- ance plan, as approved by the Secretary. If an appropriate entity for purposes of performing the functions specified in subparagraphs (A) and (B) already exists in such area, then the Secretary may designate such entity as the Council for such area. (2) Such Council shall include representatives of certified communi- ties, industry, labor, and the general public located in the trade impacted area covered by the Council. (c) Upon application by a Council established under subsection (b), the Secretary is authorized to make grants to such Council for main- taining an appropriate professional and clerical staff. No grant shall be made to a Council to maintain staff after the period which ends 2 years after the date on which such Council is established or designated. (d) A Council established under this section may file an applica- tion with the Secretary for adjustment assistance under this chapter. Such application shall include the Council's proposal for an adjust- ment assistance plan for the communities in its trade impacted area. SEC. 273. PROGRAM BENEFITS. i9 use 2373. (a) Adjustment assistance under this chapter consists of— (1) all forms of assistance, other than loan guarantees, which are provided to a redevelopment area under the Public Works and Economic Development Act of 1965, and 42 use 3121 (2) the loan guarantee program described in subsection ( d ) . "°*^' (b) No adjustment assistance may be extended to any community or person in a trade impacted area under this chapter unless the Sec- retary approves the adjustment assistance plan submitted to him under section 272(d). (c) For purposes of the Public Works and Economic Development Act of 1965— (1) a trade impacted area for which an adjustment assistance plan has been approved under section 272(d) shall be treated as a redevelopment area, except that—• (A) no loan guarantees may be made to any person under such Act; and (B) no loan or grant may be made to any recipient in such an area after September 30, 1980, and (2) approval of an adjustment assistance plan submitted under section 272(d) shall be treated as approval of an overall eco- nomic development progi-am under section 202(b) (10) of such Act. 42 u s e 3142. (d) The Secretary is authorized to guarantee loans for— (1) the acquisition, construction, installation, modernization, development, conversion, or expansion of land, plant, buildings, equipment, facilities, or machinery, and (2) working capital, made to private borrowers by private lending institutions in connec- tion with projects in trade impacted areas subject to the same terms and conditions to which loan guarantees are subject under section 202 of the Public Works and Economic Development Act of 1965, includ- ing record and audit requirements and penalties, except t h a t - - 38-194 O - 76 - 46 Pt. 2
2038 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. (1) no new loan ^ a r a n t e e may be made under this subsection after September 30,1982, (2) a loan guarantee may be made for the entire amount of the outstanding unpaid balance of such loan, and (3) no more than 20 percent of the amount of loan guarantees made under this subsection by the United States may be made in one State. (e) The Governor of the State, the authorized representative of the community, or the Governor of the State and the authorized repre- sentative of the community, in which an applicant for a loan guarantee under subsection (b) is located may enter into an agreement with the Secretary which provides that such State or such community, or that such State and such community, will pay not to exceed one-half of the amount of any liability which arises on a loan guarantee made under subsection (d) if the State in which the applicant for such giiarantee is located has established by law a program approved by the Secretary for the purposes of this section. (f) (1) When considering whether to guarantee a loan to a corpo- ration which is otherwise qualified for the purposes of subsection ( d ) , the Secretary shall give preference to a corporation which agrees with respect to such loan to fulfill the following requirements— (A) 25 percent of the principal amount of the loan is paid by the lender to a qualified trust established under an employee stock ownership plan established and maintained by the recipient cor- poration, by a parent or subsidiary of such corporation, or by several corporations including the recipient corporation, (B) the employee stock ownership plan meets the requirements of this subsection, and ; (C) the agreement among the recipient corporation, the lender, and the qualified trust relating to the loan meets the requirements of this section. (2) An employee stock ownership plan does not meet the require- ments of this subsection unless the governing instrument of the plan provides that— (A) the amount of the loan paid under paragraph (1) (A) to the qualified trust will be used to purchase qualified employer securities, (B) the qualified trust will repay to the lender the amount of such loan, together with the interest thereon, out of amounts con- tributed to the trust by the recipient corporation, and (C) from time to time, as the qualified trust repays such amount, the trust will allocate qualified employer securities among the individual accounts of participants and their beneficiaries in accordance with the provisions of paragraph (4). (3) The agreement among the recipient coi-poration, the lender, and the qualified trust does not meet the requirements of this sub- section unless— (A) it is unconditionally enforceable by any party against the others, jointly and severally, (B) it provides that the liability of the qualified trust to repay loan amounts paid to the qualified trust may not, at any time, exceed an amount equal to the amount of contributions required under paragraph (2) (B) which are actually received by such trust, (C) it provides that amounts received by the recipient corpo- ration from the qualified trust for qualified employer securities purchased for the purpose of this subsection will be used exclu-
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2039 sively by the recipient corporation for those purposes for which it may use that portion of the loan paid directly to it by the lender, (D) it provides that the recipient corporation may not reduce the amount of its equity capital during the one year period begin- ning on the date on which the qualified trust purchases qualified employer securities for purposes of this subsection, and (E) it provides that the recipient corporation will make contri- butions to the qualified trust of not less than such amounts as are necessary for such trust to meet its obligation to make repayments of principal and interest on the amount of the loan received by the trust without regard to whether such contributions are deduct- ible by the corporation under section 404 of the Internal Eevenue Code of 1954 and without regard to any other amounts the ^e use 404. recipient corporation is obligated under law to contribute to or under the employee stock ownership plan. (4) At the close of each plan year, an employee stock ownership plan shall allocate to the accounts of participating employees that portion of the qualified employer securities the cost of which bears substantially the same ratio to the cost of all the qualified employer securities purchased under paragraph (2) (A) of this subsection as the amount of the loan principal and interest repaid by the qualified trust during that year bears to the total amount of the loan principal and interest payable by such trust during the term of such loan. Qualified employer securities allocated to the individual account of a participant during one plan year must bear substantially the same proportion to the amount of all such securities allocated to all par- ticipants in the plan as the amount of compensation paid to such participant bears to the total amount of compensation paid to all such participants during that year. D e finitions. (5) For purposes of this subsection, the term— (A) "employee stock ownership plan" means a plan described in section 407(d) (6) of the Employee Retirement Income Security Act of 1974, section 4975(e) (7) of the Internal Revenue Code of An te, p.. 880, 1954, and in section 102(5) of the Regional Rail Reorganization An te, p.. 971 Act of 1973, which meets the requirements of title I of the 4 5 use 702. Employee Retirement Income Security Act of 1974 and of part Ante, p,, 832 I of subchapter D of chapter 1 of such Code, 2 6 use 4 0 1 . (B) "qualified trust" means a trust established under an employee stock ownership plan and meeting the requirements of title I of the Employee Retirement Income Security Act of 1974 and of part I of subchapter D of chapter 1 of such Code, (C) "qualified employer securities" means common stock issued by the recipient corporation or by a parent or subsidiary of such corporation with voting power and dividend rights no less favor- able than the voting power and dividend rights on other com- mon stock issued by the issuing corporation and with voting power being exercised by the participants in the employee stock owner- ship plan after it is allocated to their plan accounts, and (D) "equity capital" means, with respect to the recipient corporation, the sum of its money and other property (in an amount equal to the adjusted basis of such property but disregard- ing adjustments made on account of depreciation or amortization made during the period described in paragraph ( 3 ) ( D ) ) , less the amount of its indebtedness. (g) The United States share of loan guarantees made under sub- ^°^". e"^""- section (d) on loans which are outstanding at any time may not exceed " ' ' '''"''''*'°"- $500,000,000. >= J J
2040 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. 19 u s e 2374. SEC. 274. COMMUNITY ADJUSTMENT ASSISTANCE FUND AND AUTHOR- IZATION OF APPROPRIATIONS. Establishment. (a) There is established on the books of the Treasury of the United States a revolving fund to be known as the Community Adjustment Assistance Fund. The fund shall consist of such amounts as may be deposited in it pursuant to the authorization in subsection (b) and any collections, repayments of loans, or other receipts received under the program established in section 273(a). Amounts in the fund may be used only to carry out the provisions of sections 272 and 273(b), including administrative costs. Amounts appropriated to the fund Transfer of shall be available to the Secretary without fiscal year limitation. Upon funds. liquidation of all remaining obligations, any balances remaining in the fund after September 30, 1980, shall be transferred to the general fund of the Treasury. Appropriations. (b) There are authorized to be appropriated to the Community Adjustment Assistance Fund, for the purpose of carrying out the provisions of sections 272 and 273(a), $100,000,000 for the fiscal year ending June 30, 1975, and such sums as may be necessary for the suc- ceeding 7 fiscal years. (c) There are authorized to be appropriated to the Secretary such sums as may be necessary for carrying out the loan guarantee program under section 273(d). CHAPTER 5—MISCELLANEOUS PROVISIONS 19 u s e 2 3 9 1 . SEC. 280. GENERAL ACCOUNTING OFFICE REPORT. Study, report (a) The Comptroller General of the United States shall conduct to e o n g r e s s . a study of the adjustment assistance programs established under chap- ters 2, 3, and 4 of this title and shall report the results of such study to the Congress no later than January 31, 1980. Such report shall include an evaluation of— (1) the effectiveness of such programs in aiding workers, firms, and communities to adjust to changed economic conditions result- ing from changes in the patterns of international trade; and (2) the coordination of the administration of such programs and other Government programs which provide unemployment compensation and relief to depressed areas. (b) In carrying out his responsibilities under this section, the Comp- troller General shall, to the extent practical, avail himself of the assistance of the Departments of Labor and Commerce. The Secretaries of Labor and Commerce shall make available to the Comptroller General any assistance necessary for an effective evaluation of the adjustment assistance programs established under this title. 19 u s e 2392. SEC. 281. COORDINATION. Adjustment As- There is established the Adjustment Assistance Coordinating Com- s i s t a n c e eoor» dinating Com- mittee to consist of a Deputy Special Trade Representative as mittee. Chairman, and the officials charged with adjustment assistance respon- Establishment. sibilities of the Departments of Labor and Commerce and the Small Business Administration. I t shall be the function of the Committee to coordinate the adjustment assistance policies, studies, and programs of the various agencies involved and to promote the efficient and effective delivery of adjustment assistance benefits. 19 u s e 2393. SEC. 282. TRADE MONITORING SYSTEM. Establishment. The Secretary of Commerce and the Secretary of Labor shall estab- lish and maintain a program to monitor imports of articles into the United States which will reflect changes in the volume of such imports, the relation of such imports to changes in domestic production, changes
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2041 in employment within domestic industries producing articles like or directly competitive with such imports, and the extent to which such changes in production and employment are concentrated in specific geographic regions of the United States. A summary of the informa- . g"^J^7^s°j^j'^' tion gathered under this section shall be published regularly and pro- ince™c"oordlna^ting vided to the Adjustment Assistance Coordinating Committee, the committee, inter- International Trade Commission, and to the Congress. c^om'^rssioX and SEC. 283. FIRMS RELOCATING IN FOREIGN COUNTRIES. ^""/use'2394. Before moving productive facilities from the United States to a foreign country, every firm should— (1) provide notice of the move to its employees who are likely to be totally or partially separated as a result of the move at least 60 days before the date of such move, and (2) provide notice of the move to the Secretary of Labor and the Secretary of Commerce on the same day -it notifies employees under paragraph (1). (b) I t is the sense of the Congress that every such firm should— (1) apply for and use all adjustment assistance for which it is eligible under this title, (2) offer employment opportunities in the United States, if any exist, to its employees who are totally or partially separated work- ers as a result of the move, and (3) assist in relocating employees to other locations in the United States where employment opportunities exist. SEC. 284. EFFECTIVE DATE. 19 use 2271 , note. Chapters 2, 3, and 4 of this title shall become effective on the 90th Ante, pp. 2019. day following the date of enactment of this Act and shall terminate ^'^^°' ^.°^^' m 1 c\r\ ^r\nr\ Termination on September 30, 1982. date. TITLE III—RELIEF FROM UNFAIR TRADE PRACTICES CHAPTER 1—FOREIGN IMPORT RESTRICTIONS AND EXPORT SUBSIDIES SEC. 301. RESPONSES TO CERTAIN TRADE PRACTICES OF FOREIGN i9 use 24ii. GOVERNMENTS. (a) Whenever the President determines that a foreign country or instrumentality— (1) maintains unjustifiable or unreasonable tariff or other import restrictions which impair the value of trade commitments made to the United States or which burden, restrict, or discrimi- nate against United States commerce, (2) engages in discriminatory or other acts or policies which are unjustifiable or unreasonable and which burden or restrict United States commerce, (3) provides subsidies (or other incentives having the effect of subsidies) on its exports of one or more products to the United States or to other foreign markets which have the effect of sub- stantially reducing sales of the competitive United States product or products in the United States or m those other foreign markets, or (4) imposes unjustifiable or unreasonable restrictions on access to supplies of food, raw materials, or manufactured or semimanu- factured products which burden or restrict United States com- merce.
2042 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. the President shall take all appropriate and feasible steps within his power to obtain the elimination of such restrictions or subsidies, and he— (A) may suspend, withdraw, or prevent the application of, or may refrain from proclaiming, benefits of trade agreement con- cessions to carry out a trade agreement with such country or in- strumentality; and (B) may impose duties or other import restrictions on the products of such foreign country or instrumentality, and may impose fees or restrictions on the services of such foreign country or instrumentality, for such time as he deems appropriate. 'Commerce." For purposes of this subsection, the term "commerce" includes services associated with the international trade. (b) I n determining what action to take under subsection (a), the President shall consider the relationship of such action to the purposes of this Act. Action shall be taken under subsection (a) against the foreign country or instrumentality involved, except that, subject to the provisions of section 302, any such action may be taken on a non- discriminatory treatment basis. (c) The President in making a determination under this section, may take action under subsection (a) (3) with respect to the exports of a product to the United States by a foreign country or instru- mentality if— (1) the Secretary of the Treasury has found that such country or instrumentality provides subsidies (or other incentives having the effect of subsidies) on such exports; (2) the International Trade Commission has found that such exports to the United States have the effect of substantially reduc- ing sales of the competitive United States product or products in the United States; and 19 u s e 160. (3) the President finds that the Antidumping Act, 1921, and 19 u s e 1303. section 303 of the Tariff Act of 1930 are inadequate to deter such practices. (d) (1) The President shall provide an opportunity for the presentation of views concerning the restrictions, acts, policies, or practices referred to in paragraphs (1), (2), (3), and (4) of subsection ^."•^pi^^^ts, ^2) Upon complaint filed by any interested party with the Special review. Representative for Trade Negotiations alleging any such restriction, act, policy, or practice, the Special Representative shall conduct a Hearings. rcvicw of the alleged restriction, act, policy, or practice, and, at the Fe^e^iTRe^rster ^equest of the complainant, shall conduct public hearings thereon. The Special Representative shall have a copy of each complaint filed under Report't(^"^" *^^® paragraph published in the Federal Register. The Special Rep- congress. reseutativc shall issue regulations concerning the filing of complaints and the conduct of reviews and hearings under this paragraph and shall submit a report to the House of Representatives and the Senate semi-annually summarizing the reviews and hearings conducted by it under this paragraph during the preceding 6-month period. (e) Before the President takes any action under subsection (a) with respect to the import treatment of any product or the treat- ment of any service— (1) he shall provide an opportunity for the presentation of views concerning the taking of action with respect to such product or service, (2) upon request by any interested person, he shall provide for appropriate public hearings with respect to the taking of action with respect to such product or service, and
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2043 (3) he may request the International Trade Commission for its views as to the probable impact on the economy of the United States of the taking of action with respect to such product or service. If the President determines that, because of the need for expeditious action under subsection ( a ) , compliance with paragraphs (1) and (2) would be contrary to the national interest, then such paragraphs shall not apply with respect to such action, but he shall thereafter promptly provide an opportunity for the presentation of views concerning the action taken and, upon request by any interested person, shall provide for appropriate public hearings Avith respect to the action taken. The President shall provide for the issuance of regulations concerning the filing of requests for, and the conduct of, hearings under this subsection. SEC. 302. PROCEDURE FOR CONGRESSIONAL DISAPPROVAL OF CER- i9 use 24i2. TAIN ACTIONS TAKEN UNDER SECTION 301. (a) Whenever the President takes any action under subparagraph (A) or (B) of section 301(a) with respect to any country or instru- mentality other than the country or instrumentality whose restriction, act, policy, or practice was the cause for taking such action, he shall promptly transmit to the House of Representatives and to the Senate a document setting forth the action which he has so taken, together with his reasons therefor. (b) If, before the close of the 90-day period beginning on the day on which the document referred to in subsection (a) is delivered to the House of Representatives and to the Senate, the two Houses adopt, by an affirmative vote of a majority of those present and voting in each House, a concurrent resolution of disapproval under the pro- cedures set forth in section 152, then such action under section 301(a) '^"'^' ?• 2004. shall have no force and effect beginning with the day after the date of the adoption of such concurrent resolution of disapproval, except with respect to the country or instrumentality whose restriction, act, policy, or practice was the cause for taking such action. CHAPTER 2—ANTIDUMPING DUTIES SEC. 321. AMENDMENTS TO THE ANTIDUMPING ACT OF 1921. (a) Section 201 of the Antidumping Act, 1921 (19 U.S.C. 160), is amended— (1) by striking out "United States Tariff Commission" in sub- section (a) and inserting in lieu thereof "United States Interna- tional Trade Commission (hereinafter called the 'Commission')", and by striking out "said" each place it appears in such sub- section; and (2) by striking out subsections (b) and (c) and inserting in lieu thereof the following: "(b) (1) In the case of any imported merchandise of a class or kind as to which the Secretary has not so made public a finding, he shall, within six months after the publication under subsection (c) (1) of a notice of initiation of an investigation— " ( A ) determine whether there is reason to believe or suspect, from the invoice or other papers or from information presented to him or to any other person to whom authority under this sec- tion has been delegated, that the purchase price is less, or that the exporter's sales price is less or likely to be less, than the foreign market value (or, in the absence of such value, than the con- structed value); and
2044 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. P u b l i c a t i o n in " ( B ) if his determination is affirmative, publish a notice of that Federal Register fact in the Federal Register, and require, under such regulations as he may prescribe, the withholding of appraisement as to such merchandise entered, or withdrawn from warehouse, for con- sumption on or after the date of publication of that notice in the Federal Register (or such earlier date, not more than one hundred and twenty days before the date of publication under subsection (c) (1) of notice of initiation of the investigation, as the Secretary may prescribe), until the further order of the Secretary, or until the Secretary has made public a finding as provided for in sub- section (a) in regard to such merchandise; or P u b l i c a t i o n in Federal Register. " ( C ) if his determination is negative (or if he tentatively determines that the investigation should be discontinued), publish notice of that fact in the Federal Register. P u b l i c a t i o n in "(2) If in the course of an investigation under this subsection the Federal Register Secretary concludes that the determination provided for in paragraph (1) cannot reasonably be made within six months, he shall publish notice of this in the Federal Register, together with a statement of reasons therefor, in which case the determination shall be made within nine months after the publication in the Federal Register of the notice of initiation of the investigation. " (3) Within three months after publication in the Federal Register of a determination under paragraph (1), the Secretary shall make a final determination whether the foreign merchandise in question is being or is likely to be sold in the United States at less than its fair value (or a final discontinuance of the investigation). "(c) (1) The Secretary shall, within thirty days of the receipt of information alleging that a particular class or kind of merchandise is being or is likely to be sold in the United States or elsewhere at less than its fair value and that an industry in the United States is being or is likely to be injured, or is prevented from being established, by reason of the importation of such merchandise into the United States, determine whether to initiate an investigation into the question of whether such merchandise in fact is being or is likely to be sold in Fe^"^i?Re'°r ^e ^^^ United States or elsewhere at less than its fair value. If his deter- egis er. j^jj^g^^-j^^j^ jg affirmative he shall publish notice of the initiation of such an investigation in tlie Federal Register. If it is negative, the inquiry shall be closed. "(2) If, in the course of making a determination under paragraph (1), the Secretary concludes, from the information available to him, that there is substantial doubt whether an industry in the United States is being or is likely to be injured, or is prevented from being established, by reason of the importation of such merchandise into the United States, he shall forward to the Commission the reasons for such substantial doubt and a preliminary indication, based upon whatever price information is available, concerning possible sales at less than fair value, including possible margins of dumping and the volume of trade. If within thirty days after receipt of such information from the Secretar;^, the Commission, after conducting such inquiry as it deems appropriate, determines there is no reasonable indication that an indus- try in the United States is being or is likely to be injured, or is pre- vented from being established, by reason of the importation of such merchandise into the United States, it shall advise the Secretary of its determination and any investigation under subsection (b) then in progress shall be terminated. " ( d ) ( 1 ) Before making any determination under subsection ( a ) , the Secretary or the Commission, as the case may be, shall, at the
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2045 request of any foreign manufacturer or exporter, or any domestic importer, of the foreign merchandise in question, or of any domestic manufacturer, producer, or wholesaler of merchandise of the same class or kind, conduct a hearing at which— Hearing. " ( A ) any such person shall have the right to appear by counsel or in person; and " ( B ) any other person, firm, or corporation may make applica- tion and, upon good cause shown, may be allowed by the Secretary or the Commission, as the case may be, to intervene and appear at such hearing by counsel or in person. "(2) The Secretary, upon determining whether foreign merchandise Publication in is being, or is likely to be, sold in the United States at less than its ^ ^^^ ^^'^'""' fair value, and the Commission, upon making its determination under subsection ( a ) , shall publish in the Federal Register such determina- tion, whether affinnative or negative, together with a complete state- ment of findings and conclusions, and the reasons or bases therefor, on all the material issues of fact or law presented (consistent with con- fidential treatment granted by the Secretary or the Commission, as the case may be, in the course of making its determination). "(3) The hearings provided for under this section shall be exempt from sections 554, 555, 556, 557, and 702 of title 5 of the United States Code. The transcript of any hearing, together with all information developed in connection with the investigation (other than items to which confidential treatment has been granted by the Secretary or the Commission, as the case may be), shall be made available in the man- ner and to the extent provided in section 552(b) of such title.". s use 552. (b) Section 203 of the Antidumping Act, 1921 (19 U.S.C. sec. 162), is amended to read as follows: uPURCHASE PRICE "SEC. 203. For the purposes of this title, the purchase price of imported merchandise shall be the price at which such merchandise has been purchased or agreed to be purchased, prior to the time of exportation, by the person by whom or for whose account the mer- chandise is imported, plus, when not included in such price, the cost of all containers and coverings and all other costs, charges, and expenses incident to placing the merchandise in condition, packed ready for shipment to the United States, less the amount, if any, included in such price, attributable to any additional costs, charges, and expenses, and United States import duties, incident to bringing the merchandise from the place of shipment in the country of exporta- tion to the place of delivery in the United States; and less the amount, if included in such price, of any export tax imposed by the country of exportation on the exportation of the merchandise to the United States; and plus the amount of any import duties imposed by the country of exportation which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States; and plus the amount of any taxes imposed in the country of exportation directly upon the exported merchandise or com- ponents thereof, which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States, but only to the extent that such taxes are added to or included in the price of such or similar merchandise when sold in the country of exportation; and plus the amount of any taxes rebated or not collected, by reason of the exportation of the merchandise to the L^nited States, which rebate or noncollection has been determined by
2046 PUBLIC LAW 93-618-JAN. 3, 1975 ' [88 STAT. the Secretary to be a bounty or grant within the meaning of section 19 use 1303. 303 of the Tariff Act of 1930." (c) Section 204 of the Antidumping Act, 1921 (19 U.S.C. sec. 163), is amended to read as follows: "EXPORTER'S SALES PRICE "SEC. 204. For the purposes of this title, the exporter's sale price of imported merchandise shall be the price at which such merchandise is sold or agreed to be sold in the United States, before or after the time of importation, by or for the account of the exporter, plus, when not included in such price, the cost of all containers and coverings and all other costs, charges, and expenses incident to placing the mer- chandise in condition, packed ready for shipment to the United States, less (1) the amount, if any, included in such price, attributable to any additional costs, charges, and expenses, and United States import duties, incident to bringing the merchandise from the place of ship- ment in the country of exportation to the place of delivery in the United States, (2) the amount of the commissions, if any, for selling in the United States the particular merchandise under consideration, (3) an amount equal to the expenses, if any, generally incurred by or for the account of the exporter in the United States in selling identi- cal or substantially identical merchandise, (4) the amount of any export tax imposed by the country of exportation on the exportation of the merchandise to the United States, and (5) the amount of any increased value, including additional material and labor, resulting from a process of manufacture or assembly performed on the imported merchandise after the importation of the merchandise and before its sale to a person who is not the exporter of the merchandise within 19 use 166. ^jjg meaning of section 207; and plus the amount of any import duties imposed by the country of exportation which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States; and plus the amount of any taxes imposed in the country of exportation directly upon the exported mer- chandise or components thereof, which have been rebated, or which have not been collected, by reason of the exportation of the merchan- dise to the United States, but only to the extent that such taxes are added to or included in the price of such or similar merchandise when sold in the country of exportation; and plus the amount of any taxes rebated, or not collected, by reason of the exportation of the mer- chandise to the United States, which rebate or noncollection has been determined by the Secretary to be a bounty or grant within the mean- 19 usci 3 03. • j^g Qf section"303 of the Tariff Act of 1930.'' vaLT'^" '"^''"'* (^) Section 205 of the Antidumping Act, 1921 (19 U.S.C. sec. 164), is amended by adding " ( a ) " immediately before the word "For", and by addinsf at the end thereof the following new subsections: "(b) Whenever the Secretary has reasonable grounds to believe or suspect that sales in the home market of the country of exportation, or, as appropriate, to countries other than the United States, have been made at prices which represent less than the cost of producing the merchandise in question, he shall determine whether, in fact, such sales were made at less than the cost of producing the merchandise. If the Secretary determines that sales made at less than cost of produc- tion (1) have been made over an extended period of time and in sub- stantial quantities, and (2) are not at prices which permit recovery of all costs within a reasonable period of time in the normal course of trade, such sales shall be disregarded in the determination of foreign market value. "Whenever sales are disregarded by virtue of having been
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2047 made at less than the cost of production and the remaining sales, made at not less than cost of production, ai-e determined to be inadecpiate as a basis for the determination of forei<»n market value, the Secretary shall determine that no foreion market value exists and employ the constructed value of the mei'chandise in question. "(c) If available information indicates to the Seci-etary that the economy of the country from which the merchandise is exported is state-control led to an extent that sales or offers of sales of such or similar merchandise in that country or to countries other than the United States do not pei-mit a determination of foreign market value under subsection ( a ) , the Secretary shall determine tlie foreign mar- ket value of the merchandise on the basis of the nor-mal costs, expenses, and profits as reflected by either— "(1) the prices, determined in accordance with subsection (a) and section 202, at which such or similar merchandise of a non- ^^ ^^'^ ^^^• state-controlled-economy country or countries is sold either (A) for consumption in the home market of that country or coun- tries, or (B) to other countries, including the United States; or "(2) the constructed value of such or similar merchandise in a non-state-controlled-economy country or countries as determined under section 206. i9 use les. " ( d ) Whenever, in the course of an investigation under this Act, the Secretary determines that— "(1) merchandise exported to the United States is being pro- duced in facilities wdiich are owned or controlled, directly or indirectly, by a person, firm, or corporation which also owns or controls, directly or indirectly, other facilities for the production of such or similar merchandise which are located in another country or countries: "(2) the sales of such or similar merchandise by the company concerned in the home market of the exporting country are non- existent or inadequate as a basis for comparison with the sales of the merchandise to the United States; and "(3) the foreign market value of such or similar merchandise produced in one or more of the facilities outside the country of exportation is higher than the foreign market value, or, if there is no foreign market value, the constructed value, of such or sim- ilar merchandise produced in the facilities located in the country of exportation, he shall determine the foreign market value of such merchandise by reference to the foreign market value at which such or similar mer- chandise is sold in substantial quantities by one or more facilities outside the country of exportation. The Secretarv in making any determination under this paragraph, shall make adjustments for the difference between the costs of production (including taxes, labor, materials, and overhead) of such or similar merchandise produced in facilities outside the country of exportation and costs of production of such or similar merchandise produced in the facilities in the coun- try of exportation, if such differences are demonstrated to his satis- faction. For the purpose of this subsection, in determining foreign market value of such or similar merchandise produced in a country outside of the country of exportation, the Secretary shall determine its price at the time of exportation from the country of exportation and shall make any adjustments required by section 205(a) for the ^^ ^^'^ ^^'*' cost of all containers and coverings and all other costs, char-ges, and expenses incident to placing the merchandise in condition packed
2048 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. ready for shipment to the United States by reference to such costs in the country of exportation." (e) Section 212(3) of the Antidumping Act, 1921 (19 U.S.C. sec. 170a(3)), is amended by striking out subparagraphs ( B ) , ( D ) , and ( F ) , and by redesignating subparagraphs (C) and ( E ) as subpara- graphs (B) and (C),respectively. (f) (1) Section 516 of the Tariff Act of 1930 (19 U.S.C. 1516) is amended by redesignating subsections ( d ) , (e), ( f ) , and (g) as sub- sections (e), (f), ( g ) , and ( h ) , respectively, and by inserting after subsection (c) the following new subsection: " ( d ) Within 30 days after a determination by the Secretary— "(1) under section 201 of the Antidumping Act, 1921 (19 U.S.C. 160), that a class or kind of foreign merchandise is not being, nor likely to be, sold in the United States at less than its fair value, or 19 use 1303. (2) under section 303 of this Act that a bounty or grant is not being paid or bestowed, an American manufacturer, producer, or wholesaler of merchandise of the same class or kind as that described in such determination may file with the Secretary a written notice of a desire to contest such deter- mination. Upon receipt of such notice the Secretary shall cause pub- lication to be made thereof and of such manufacturer's, producer's, or wholesaler's desire to contest the determination. Within 30 days after such publication, such manufacturer, producer, or wholesaler may commence an action in the United States Customs Court contesting such determination.". (2) Section 2631(b) of title 28, United States Code, is amended by inserting before the period at the end thereof ", or, in the case of 19 use 1516. jjj^ action under section 516(d) of such Act, after the date of publi- cation of a notice under such section". (3) Section 2632 of title 28, United States Code, is amended— (A) by striking out the first sentence of subsection (a) and inserting in lieu thereof the following: "A party may contest (1) denial of a protest under section 515 of the Tariff Act of 19 use 1515. 1930, as amended; (2) a decision of the Secretary of the Treasury 19 use 1516. made under section 516 of the Tariff Act of 1930, as amended; or (3) a determination by the Secretary of the Treasury under Ante, p. 2043. scctiou 201 of the Antidumping Act, 1921, as amended, that a class or kind of merchandise is not being, nor likely to be, sold in the United States at less than its fair value, or under section 19 use 13 03. 303 of ^j^g Tariff Act of 1930 that a bounty or grant is not being paid or bestowed; by bringing a civil action in the Customs Court."; (B) by inserting after "designee" in subsection (f) "in any action brought under subsectio2i ( a ) ( 1 ) or ( a ) ( 2 ) " ; and (C) by adding at the end thereof the following new subsection: " is) Upon service of the summons on the Secretary of the Treasury or his designee in an action contesting the Secretary's determination under section 201 of the Antidumping Act, 1921, as amended, that a class or kind of foreign merchandise is not being, nor likely to be, sold in the United States at less than its fair value, the Secretary or his designee shall forthwith transmit to the United States Customs Court, as the official record of the civil action, a certified copy of the transcript of lany hearing held by the Secretary in the particular antidumping proceeding pursuant to section 201(d) (1) of the Antidumping Act, 1921, as amended, and certified copies of all notices, determinations, or other matters which the Secretary has caused to be published in the
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2049 Federal Register in connection with the particular antidumping Publication in proceeding. Upon service of the summons on the Secretary of the ^ ^"^^ egister. Treasury or his designee in an action contesting the Secretary's deter- mination under section 303 of the Tariff Act of 1930 that a bounty or In Ira, grant is not being paid or bestowed, the Secretary or his designee shall forthwith transmit to the United States Customs Court, as the official record of the civil action, a certified copy of the transcript of all hearings held by the Secretary in the proceeding which resulted in such determination and certified copies of all notices, determina- tions, or other matters which the Secretary has caused to be published in the Federal Register in connection with such proceeding.". ( g ) ( 1 ) The amendments made by subsection (a) of this section Applicability,, shall apply with respect to all questions of dumping raised or presented note. on or after the date of the enactment of this Act. (2) The amendments made by subsections (b) through (e) of this ^^^l use i62 section shall apply with respect to all merchandise which is not n o t e . appraised on or before the date of the enactment of this Act; except that such amendments shall not apply with respect to any merchandise which— (A) was exported from the country of exportation before such date of the enactment, and (B) is subject to a finding under the Antidumping Act, 1921, 19 use 160. which (i) is outstanding on such date of enactment, or (ii) was revoked on or before such date of enactment but is still applicable to such merchandise. (3) The amendments made by subsection (f) shall apply with note, 19 use 1516 respect to determinations under section 201 of the Antidumping Act, 1921, resulting from questions of dumping raised or presented on oi* 19 use 160. after the date of the enactment of this Act. CHAPTER 3—COUNTERVAILING DUTIES SEC. 331. AMENDMENTS TO SECTIONS 303 AND 516 OF THE TARIFF ACT OF 1930. (a) Section 303 of the Tariff Act of 1930 (19 U.S.C. sec. 1303) is amended to read as follows: "SEC. 303. COUNTERVAILING DUTIES. " (a) LEVY or COUNTERVAILING DUTIES.— (1) Whenever any country, dependency, colony, province, or other political subdivision of govern- ment, person, partnership, association, cartel, or corporation, shall pay or bestow, directly or indirectly, any bounty or grant upon the manu- facture or production or export of any article or merchandise manu- factured or produced in such country, dependency, colony, province, or other political subdivision of government, then upon the importation of such article or merchandise into the United States, whether the same shall be imported directly from the country of production or other- wise, and whether such article or merchandise is imported in the same condition as when exported from the country of production or has been changed in condition by remanufacture or otherwise, there shall be levied and paid, in all such cases, in addition to any duties otherwise imposed, a duty equal to the net amount of such bounty or grant, how- ever the same be paid or bestowed. "(2) I n the case of any imported article or merchandise which is free of duty, duties may be imposed under this section only if there is an affirmative determination by the Commission under subsection (b) ( 1 ) ; except that such a determination shall not be required unless a determination of injury is required by the international obligations of the United States.
2050 PUBLIC LAW 93-618~JAN. 3, 1975 [88 STAT. " (3) I n the case of any imported article or merchandise as to which the Secretary of the Treasury (hereafter in this section referred to as the 'Secretary') has not determined whether or not any bounty or grant is being paid or bestowed— " ( A ) upon the filing of a petition by any person setting forth his belief that a bounty or grant is being paid or bestowed, and the reasons therefor, or " ( B ) whenever the Secretary concludes, from information pre- sented to him or to any person to whom authority under this sec- tion has been delegated, that a formal investigation is warranted into the question of whether a bounty or grant is being paid or bestowed, the Secretary shall initiate a formal investigation to determine Publication in whether or not any bounty or grant is being paid or bestow^ed and shall Federal Register, publish in the Federal Register notice of the initiation of such investigation. " (4) Within six months from the date on which a petition is filed under paragraph (3) (A) or on which notice is published of an inves- tigation initiated under paragraph (3) ( B ) , the Secretary shall make a preliminary determination, and within twelve months from such dat^ shall make a final determination, as to whether or not any bounty or grant is being paid or bestowed. " (5) The Secretary shall from time to time ascertain and determine, or estimate, the net amount of each such bounty or grant, and shall declare the net amount so determined or estimated. Regulations, "(6) The Secretary shall make all regulations he deems necessary for the identification of articles and merchandise subject to duties under this section and for the assessment and collection of such duties. Publication in All determinations by the Secretary under this section, and all deter- Federal Register. minations by the Commission under subsection ( b ) ( 1 ) , (whether affirmative or negative) shall be published in the Federal Register, "(b) I N J U R Y DETERMINATIONS W I T H RESPECT TO DUTY-FREE MERCHANDISE; SUSPENSION OF LIQUIDATION.—(1) Whenever the Sec- retary makes a final determination under subsection (a) that a bounty or grant is beinjs; paid or bestowed with respect to any article or mer- chandise which is free of duty and a determination by the Commission is required under subsection (a) (2), he shall— " ( A ) so advise the Commission, and the Commission shall determine within three months thereafter, and after such investi- gation as it deems necessary, whether an industry in the United States is being or is likely to be injured, or is prevented from being established, by reason of the importation of such article or merchandise into the United States; and the Commission shall notify the Secretary of its determination; and " ( B ) require, under such regulations as he may prescribe, the suspension of liquidation as to such article or merchandise entered, or withdrawn from warehouse, for consumption on or after the date of the publication in the Federal Register of his final deter- mination under subsection ( a ) , and such suspension of liquidation shall continue until the further order of the Secretary or until he has made public an order as provided for in paragraph (3). "(2) F o r the purposes of this subsection, the Commission shall be deemed to have made an affirmative determination if the commis- sioners voting are evenly divided as to whether its determination should be in the affirmative or in the negative. "(3) If the determination of the Commission under paragraph (1) (A) is in the affirmative, the Secretary shall make public an order
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2051 directing the assessment and collection of duties in the amount of such bounty or grant as is from time to time ascertained and determined, or estimated, under subsection ( a ) . "(c) APPLICATION or AFFIRMATIVE DETERMINATIOX.—An affirma- tive final determination by the Secretary under subsection (a) with respect to any imported article or merchandise shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of the publication in the Federal Register of such determination. I n the case of any imported article or merchandise which is free of duty, so long as a finding of injury is required by the international obligations of the United States, the preceding sentence shall apply only if the Commission makes an affirmative determination of injury under subsection ( b ) ( 1 ) . "(d) TEMPORARY PROVISION W H I L E NEGOTIATIONS ARE IN PROC- ESS.—(1) It is the sense of the Congress that the President, to the extent practicable and consistent with United States interests, seek through negotiations the establishment of internationally agreed rules and procedures governing the use of subsidies (and other export incen- tives) and the application of countervailing duties. "(2) If, after seeking information and advice from such agencies as he may deem appropriate, the Secretary of the Treasury determines, at any time during the four-year period beginning on the date of the enactment of the Trade Act of 1974, that— ^"^^' p- i^ys. " ( A ) adequate steps have been taken to reduce substantially or eliminate during such period the adverse elffect of a bounty or grant which he has determined is being paid or bestowed with respect to any article or merchandise; " ( B ) there is a reasonable prospect that, under section 102 of the Trade Act of 1974, successful trade agreements will be entered ^"^''> P- 1^82 „ into with foreign countries or instrumentalities providing for the reduction or elimination of barriers to or other distortions of international trade; and " ( C ) the imposition of the additional duty under this section with respect to such article or merchandise would be likely to seriously jeopardize the satisfactory completion of such negotia- tions ; the imposition of the additional duty under this section with respect to such article or merchandise shall not be required during the remainder of such four-year period. This paragraph shall not apply Non-rubber foot- with respect to any case involving non-rubber footwear pending on '^^^'^" the date of the enactment of the Trade Act of 1974 until and unless agreements which temporize imports of non-rubber footwear become effective. "(3) The determination of the Secretary under paragraph (2) may be revoked by him, in his discretion, at any time, and any determi- nation made under such paragraph shall be revoked whenever the basis supporting such determination no longer exists. The additional duty provided under this section shall apply with respect to any affected articles or merchandise entered, or withdrawn from ware- house, for consumption on or after the date of publication of any revocation under this subsection in the Federal Register. "(e) REPORTS TO CONGRESS.— (1) Whenever the Secretary makes a determination under subsection (d) (2) with respect to any article or merchandise, he shall promptly transmit to the House of Repre- sentatives and the Senate a document setting forth the determination, together with his reasons therefor. " (2) If, at any time after the document referred to in paragraph (1) is delivered to the House of Representatives and the Senate, either
2052 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. the House or the Senate adopts, by an affirmative vote of a majority of those present and voting in that House, a resolution of disapproval Ante, p. 2004. under the procedures set forth in section 152, then such determina- tion under subsection (d) (2) with respect to such article or merchan- dise shall have no force or effect beginning with the day after the date of the adoption of such resolution of disapproval, and the additional duty provided under this section with respect to such article or merchandise shall apply with respect to articles or merchandise entered, or withdrawn from warehouse, for consumption on or after such day.". (b) So much of cectioii 516 of the Tariff Act of 1930 (19 U.S.C. 1516) as precedes subsection (d) is amended to read as follows: "SEC. 516. PETITIONS BY AMERICAN MANUFACTURERS, PRODUCERS, OR WHOLESALERS. "(a) The Secretary shall, upon written request by an American manufacturer, producer, or wholesaler, furnish the classification, the Ante, p. 2049. J.Q^Q Q-f duty, the additional duty described in section 303 of this Act (hereinafter in this section referred to as 'countervailing duties'), if any, and the special duty described in section 202 of the Antidumping 19 use 161. J^QI^ 1921 (hereinafter in this section referred to as 'antidumping duties'), if any, imposed upon designated imported merchandise of a class or kind manufactured, produced, or sold at wholesale by him. If such manufacturer, producer, or wholesaler believes that the appraised value is too low, that the classification is not correct, that the proper rate of duty is not being assessed, or that countervailing duties or anti- dumping duties should be assessed, he may file a petition with the Secretary setting forth (1) a description of the merchandise, (2) the appraised value, the classification, or the rate or rates of dut^ that he believes proper, and (3) the reasons for his belief including, m appro- priate instances, the reasons for his belief that countervailing duties or antidumping duties should be assessed. "(b) If, after receipt and consideration of a petition filed by an American manufacturer, producer, or wholesaler, the Secretary decides that the appraised value of the merchandise is too low, that the classi- fication of the article or rate of duty assessed thereon is not correct, or that countervailing duties or antidumping duties should be assessed, he shall determine the proper appraised value or classification, rate of duty, or countervailing duties, or antidumping duties and shall notify the petitioner of his determination. Except for countervailing duty and antidumping duty purposes, all such merchandise entered for consumption or withdrawn from warehouse for consumption more than thirty days after the date such notice to the petitioner is published in the weekly Customs Bulletin shall be appraised or classified or assessed as to rate of duty in accordance with the Secretary's deter- mination. For countervailing duty purposes, the procedures set forth in section 303 shall apply. For antidumping duty purposes, the pro- Ante, p. 2043. gedures set forth in section 201 of the Antidumping Act, 1921, shall apply. "(c) If the Secretary decides that the appraised value or classifica- tion of the articles or the rate of duty with respect to which a petition was filed pursuant to subsection (a) is correct, or that countervailing duties or antidumping duties should not be assessed, he shall so inform the petitioner. If dissatisfied with the decision of the Secretary, the petitioner may file with the Secretary, not later than thirty days after the date of the decision, notice that he desires to contest the appraised value or classification of, or rate of duty assessed upon or the failure to assess countervailing duties or antidumping duties upon, the merchan- dise. Upon receipt of notice from the petitioner, the Secretary shall
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2053 cause publication to be made of his decision as to the proper appraised value or classification or rate of duty or that countervailing duties or antidumping duties should not be assessed and of the petitioner's desire to contest, and shall thereafter furnish the petitioner with such infor- mation as to the entries and consignees of such merchandise, entered after the publication of the decision of the Secretary at such ports of entry designated by the petitioner in his notice of desire to contest, as will enable the petitioner to contest the appraised value or classifica- tion of, or rate of duty imposed upon or failure to assess countervailing duties or antidumping duties upon, such merchandise in the liquidation of one such entry at such port. The Secretary shall direct the appro- priate Customs officer at such ports to notify the petitioner by mail immediately when the first of such entries is liquidated." (c) Section 515(d) of the Tariff Act of 1930 (19 U.S.C. 1315(d)) is amended by inserting before the period at the end thereof "or the imposition of countervailing duties under section 303". ^"'e, p. 2049. (d) (1) The amendments made by this section shall take effect on the Effective date. date of the enactment of this Act. note."^^ ^ ^ °^ (2) F o r purposes of applying the provisions of section 303(a) (4) of the Tariff Act of 1930 (as amended by subsection (a)) with respect to any investigation which was initiated before the date of the enact- ment of this Act under section 303 of such Act (as in effect before such date), such investigation shall be treated as having been initiated on the day after such date of enactment under section 303(a) (3) (B) of such Act. (3) Any article which is entered or withdrawn from warehouse free of duty as a result of action taken under title V of this Act shall be considered a nondutiable article for purposes of section 303 of the Tariff Act of 1930, as amended (19 U.S.C. sec. 1303). CHAPTER 4—UNFAIR IMPORT PRACTICES SEC. 341. AMENDMENT TO SECTION 337 OF THE TARIFF ACT OF 1930. (a) Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337-) is amended to read as follows: "SEC. 337. UNFAIR PRACTICES IN IMPORT TRADE. "(a) UNFAIR METHODS OF COMPETITION DECLARED UNLAWFUL.— Unfair methods of competition and unfair acts in the importation of articles into the United States, or in their sale by the owner, importer, consignee, or agent of either, the effect or tendency of which is to destroy or substantially injure an industry, efficiently and economically operated, in the United States, or to prevent the establishment of such an industry, or to restrain or monopolize trade and commerce in the United States, are declared unlawful, and when found by the Commission to exist shall be dealt with, in addition to any other provisions of law, as provided in this section. "(b) INVESTIGATIONS OF VIOLATIONS BY COMMISSION ; T I M E L I M I T S . — (1) The Commission shall investigate any alleged violation of this section on complaint under oath or upon its initiative. Upon com- Publication in mencing any such investigation, the Commission shall publish notice ^^'^"^^ Register. thereof in the Federal Register. The Commission shall conclude any such investigation, and make its determination under this section, at ^ Publication in the earliest practicable time, but not later than one year (18 months F'^"^"""' e d e r a l "^"~'-*- Register. in more complicated cases) after the date of publication of notice of such investigation. The Commission shall publish in the Federal Register its reasons for designating any investigation as a more com- plicated investigation. For purposes of the one-year and 18-month periods prescribed by this subsection, there shall be excluded any
2054 PUBLIC LAW 93-618-J AN. 3, 1975 [88 STAT. period of time during which such investigation is suspended because of proceedings in a court or agency of the United States involving similar questions concerning the subject matter of such investigation. "(2) During the course of each investigation under this section, the Commission snail consult with, and seek advice and information from, the Department of Health, Education, and Welfare, the Department of Justice, the Federal Trade Commission, and such other departments and agencies as it considers appropriate. "(3) Whenever, in the course of an investigation under this section, the Commission has reason to believe, based on information before it, that the matter may come within the purview of section 303 or of the Ante, p. 2049. Antidumping Act, 1921, it shall promptly notify the Secretary of the Treasury so that such action may be taken as is otherwise authorized by such section and such Act. "(c) DETERMINATIONS; KEVIEW.—^The Commission shall determine, with respect to each investigation conducted by it under this section. Hearing. whether or not there is a violation of this section. Each determination under subsection (d) or (e) shall be made on the record after notice and opportunity for a hearing in conformity with the provisions of 5 use 551. subchapter I I of chapter 5 of title 5, United States Code. All legal and equitable defenses may be presented in all cases. Any person adversely affected by a final determination of the Commission under subsection (d) or (e) may appeal such determination to the United States Court of Customs and Patent Appeals. Such court shall have jurisdiction to review such determination in the same manner and subject to the same limitations and conditions as in the case of appeals from decisions of the United States Customs Court. " ( d ) EXCLUSION OF ARTICLES FROM E N T R Y . — I f the Commission determines, as a result of an investigation under this section, that there is violation of this section, it shall direct that the articles con- cerned, imported by any person violating the provision of this section, be excluded from entry into the United States, unless, after consider- ing the effect of such exclusion upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds that such articles should not be excluded from entry. The Commission shall notify the Sexiretary of the Treasury of its action under this subsection directing such exclusion from entry, and upon receipt of such notice, the Secretary shall, through the proper officers, refuse such entry. "(e) EXCLUSION OF ARTICLES FROM ENTRY DURING INVESTIGATION EXCEPT UNDER BOND.—If, during the course of an investigation under this section, the Commission determines that there is reason to believe that there is a violation of this section, it may direct that the articles concerned, imported by any person with respect to whom there is Reason to believe that such person is violating this section, be excluded from entry into the United States, unless, after considering the effect of such exclusion upon the public health and welfare, competitive con- ditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds that such articles should not be excluded from entry. The Commission shall notify the Secretary of the Treasury of its action under this subsection directing such exclusion from entry, and upon receipt of such notice, the Secretary shall, through the proper officers, refuse such entry, except that such articles shall be entitled to entry under bond determined by the Commission and prescribed by the Secretary.
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2055 "(f) CEASE AND DESIST ORDERS.—In lieu of taking action under subsection (d) or (e). the Commission may issue and cause to be served on any person violating this section, or believed to be violating this section, as the case may be, an order directing such person to cease and desist from engaging in the unfair methods or acts involved, unless after considering the effect of such order upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds that such order should not be issued. The Commission may at any time, upon such notice and in such manner as it deems pi'oper, modify or revoke any such order, and, in the case of a revocation, may take action under subsection (d) or (e), as the case may be. " ( g ) REFERRAL TO THE PRESIDENT.— (1) If the Commission deter- mines that there is a violation of this section, or that, for purposes of subsection (e), there is reason to believe that there is such a viola- tion, it shall— " ( A ) publish such determination in the Federal Register, and F ePublication in deral Register. " ( B ) transmit to the President a copy of such determination and the action taken under subsection ( d ) , (e), or (f), with respect thereto, together with the record upon which such deter- mination is based. "(2) If, before the close of the OO-day period beginning on the day after the day on which he receives a copy of such determination, the President, for policy reasons, disapproves such determination and notifies the Commission of his disapproval, then, eii'ective on the dsite of such notice, such determination and the action taken under subsec- tion ( d ) , (e), or (f) with respect thereto shall have no force or efi'ect. "(8) Subject to the provisions of paragraph (2), such determina- tion shall, except for purposes of subsection (c), be efi'ective upon publication thereof in the Federal Register, and the action taken under subsection ( d ) , (e), or (f) with respect thereto shall be effective as provided in such subsections, except that articles directed to be excluded from entry under subsection (d) or subject to a cease and desist order under subsection (f) shall be entitled to entry under bond determined by the Commission and prescribed by the Secretary until such determination becomes final, "(4) If the President does not disapprove such determination within such 60-day period, or if he notifies the Commission before the close of such period that he approves such determination, then, for purposes of paragraph (3) and subsection (c) such determination shall become final on the day after the close of such period or the day on which the President notifies the Commission of his approval, as the case may be. " ( h ) PERIOD OF EFFEC/JTVENESS.—Except as provided in subsections (f) and ( g ) , any exclusion from entry or order under this section shall continue in effect until the Commission finds, and in the case of exclusion from entry notifies the Secretary of the Treasury, that the conditions which led to such exclusion from entry or order no longer exist. "(i) IMPORTATIONS BY OR FOR THE IGNITED STATES.—Any exclusion from entry or order under subsection ( d ) , (e), or (f), in cases based on claims of United States letters patent, shall not apply to any articles imported by and for the use of the United States, or imported for, and to be used for, the United States with the authorization oi- consent of the Government. Whenever any article w^ould have been excluded from entry or would not have been entered pursuant to tlie provisions of such subsections but for the operation of this subsection, a patent owner adversely affected shall be entitled to reasonable and entire
2056 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. compensation in an action before the Court of Claims pursuant to the procedures of section 1498 of title 28, United States Code, "(j) DEFINITION OF UNITED STATES.—For purposes of this section 1340"^*^ ^^^^' ^^^ sections 338 and 340, the term 'United States' means the customs territory of the United States as defined in general headnote 2 of the Tariff Schedules of the United States." (b) Section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)) is amended by adding at the end thereof the following new sentence: Annual report. "Each such aunual report shall include a list of all complaints filed Ante, p. 2053. under section 337 during the year for which such report is being made, the date on which each such complaint was filed, and the action taken thereon, and the status of all investigations conducted by the commis- sion under such section during such year and the date on which each such investigation was commenced." Effective date. /(j\ 'pj^g amcndmcuts made by this section shall take effect on the 19 imc* 1337 ^ • note. 90th day after the date of the enactment of this Act, except that, for purposes of issuing regulations under section 337 of the Tariff Act of 1930, such amendments shall take effect on the date of the enactment of this Act. For purposes of applying section 337(b) of the Tariff Act of 1930 (as amended by subsection ( a ) ) with respect to investi- gations being conducted by the International Trade Commission under section 337 of the Tariff Act on the day prior to the 90th day after the date of the enactment of this Act, such investigations shall be con- sidered as having been commenced on such 90th day. TITLE IV—TRADE RELATIONS WITH COUNTRIES NOT CURRENTLY RECEIV- ING NONDISCRIMINATORY TREAT- MENT 19 use 2431. SEC. 401. EXCEPTION OF THE PRODUCTS OF CERTAIN COUNTRIES OR AREAS. Except as otherwise provided in this title, the President shall con- tinue to deny nondiscriminatory treatment to the products of any country, the products of which were not eligible for the rates set forth 19 use 1202. jjj j.g^^g column numbered 1 of the Tariff Schedules of the United States on the date of the enactment of this Act. 19 u s e 2432. SEC. 402. FREEDOM OF EMIGRATION IN EAST-WEST TRADE. (a) To assure the continued dedication of the United States to fundamental human rights, and notwithstanding any other provision of law, on or after the date of the enactment of this Act products from any nonmarket economy country shall not be eligible to receive non- discriminatory treatment ^most-favored-nation treatment), such coun- try shall not participate m any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, directly or indirectly, and the President of the United States shall not conclude any commercial agreement with any such country, during the period beginning with the date on which the President determines that such country—• (1) denies its citizens the right or opportunity to emigrate; (2) imposes more than a nominal tax on emigration or on the visas or other documents required for emigration, for any purpose or cause whatsoever; or (3) imposes more than a nominal tax, levy, fine, fee, or other charge on any citizen as a consequence of the desire of such citizen to emigrate to the country of his choice.
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2057 and ending on the date on which the President determines that such country is no longer in violation of paragraph (1), (2), or (3). (b) After the date of the enactment of this Act, (A) products ^^^""^'J^J^^. of a nonmarket economy country may be eligible to receive nondis- ^rie", product's, criminatory treatment (most-favored-nation treatment), (B) such eligibility. country may participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, and (C) the President may conclude a commercial agree- Report to ment with such country, only after the President has submitted to the Congress. Congress a report indicating that such country is not in violation of paragraph (1), (2), or (3) of subsection ( a ) . Such report with respect to such country shall include information as to the nature and imple- mentation of emigration laws and policies and restrictions or discrim- ination applied to or against persons wishing to emigrate. The report required by this subsection shall be submitted initially as provided herein and, Avith current information, on or before each June 30 and December 31 thereafter so long as such treatment is received, such credits or guarantees are extended, or such agreement is in effect. (c) (1) During the 18-month period beginning on the date of the waiver. enactment of this Act, the President is authorized to waive by Execu- tive order the application of subsection (a) and (b) with respect to any country, if he reports to the Congress that— (A) he has determined that such waiver will substantially pro- mote the objectives of this section; and (B) he has received assurances that the emigration practices of that country will henceforth lead substantially to the achieve- ment of the objectives of this section. (2) During any period subsequent to the 18-month period referred to in paragraph (1), the President is authorized to waive by Execu- tive order the application of subsections (a) and (b) with respect to any country, if the waiver authority granted by this subsection con- tinues to apply to such country pursuant to subsection ( d ) , and if he reports to the Congress that— (A) he has determined that such waiver will substantially pro- mote the objectives of this section; and (B) he has received assurances that the emigration practices of that country will henceforth lead substantially to the achievement of the objectives of this section; (3) A waiver with respect to any country shall terminate on the Termination. day after the waiver authority granted by this subsection ceases to be effective with respect to such country pursuant to subsection ( d ) . The President may, at any time, terminate by Executive order any waiver granted under this subsection. (d) (1) If the President determines that the extension of the waiver .^ ^^i^ff„'l"l^'""" ity, e x t e n s i o n . authority granted by subsection (c) (1) will substantially promote the objectives of this section, he may recommend to the Congress that such authority be extended for a period of 12 months, A.ny such recom- mendation shall— (A) be made not later than ,30 days before the expiration of such authority; (B) be made in a document transmitted to the House of Repre- sentatives and the Senate setting forth his reasons for recommend- ing the extension of such authority; and (C) include, for each country with respect to which a waiver granted under subsection (c) (1) is in effect, a determination that continuation of the waiver applicable to that country will sub- stantially promote the objectives of this section, and a statement setting forth his reasons for such determination.
2058 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. (2) If the President recommends under paragraph (1) the exten- sion of the waiver authority granted by subsection (c) (1), such author- ity shall continue in effect with respect to any country for a period of 12 months following the end of the 18-month period referred to in subsection (c) (1), if, before the end of such 18-month period, the House of Representatives and the Senate adopt, by an affirmative vote of a majority of the Members present and voting in each House and Ante, p. 2006. under the procedures set forth in section 153, a concurrent resolution approving the extension of such authority, and such resolution does not name such country as being excluded from such authority. Such authority shall cease to be effective with respect to any country named in such concurrent resolution on the date of the adoption of such con- current resolution. If before the end of such 18-month period, a concurrent resolution approving the extension of such authority is not adopted by the House and the Senate, but both the House and Senate vote on the question of final passage of such a concurrent resolution and— (A) both the House and the Senate fail to pass such a concur- rent resolution, the authority granted by subsection (c) (1) shall cease to be effective with respect to all countries at the end of such 18-month period; (B) both the House and the Senate pass such a concurrent resolution which names such country as being excluded from such authority, such authority shall cease to be effective with respect to such country at the end of such 18-month period; or (C) one House fails to pass such a concurrent resolution and the other House passes such a concurrent resolution which names such country as being excluded from such authority, such author- ity shall cease to be effective with respect to such country at the end oi such 18-month period. (3) If the President recommends under paragraph (1) the exten- sion of the waiver authority granted by subsection (c) (1), and at the end of the 18-month period referred to in subsection (c) (1) the House of Representatives and the Senate have not adopted a concurrent reso- lution approving the extension of such authority and subparagraph (A) of paragraph (2) does not apply, such authority shall continue in effect for a period of 60 days following the end of such 18-month period with respect to any country (except for any country with respect to which such authority w^as not extended by reason of the application of subparagraph (B) or (C) of paragraph (2)), and shall continue in effect for a period of 12 months followini; the end of such 18-month period with respect to any such country if, before the end of such 60-day period, the House of Representatives and the Senate adopt, by an affirmativ^e vote of a majority of the Members present and voting in each House and under the procedures set forth m section 153, a concurrent resolution approving the extension of such authority, and such resolution does not name such country as being excluded from such authority. Such authority shall cease to be effec- tive with respect to any country named in such concurrent resolution on the date of the adoption of such concurrent resolution. If before the end of such 60-day period, a concurrent resolution approving the extension of such authority is not adopted by the House and Senate, but both the House and Senate vote on the question of final passage of such a concurrent resolution and—• (A) both the House and the Senate fail to pass such a concur- rent resolution, the authority granted by subsection (c) (1) shall cease to be effective with respect to all countries on the date of the vote on the question of final passage by the House which votes last;
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2059 (B) both the House and the Senate pass such a concurrent resolution which names such country as being excluded from such authority, such authority shall cease to be effective with respect to such country at the end of such 60-day period; or (C) one House fails to pass such a concurrent resolution and the other House passes such a concurrent resolution which names such country as being excluded from such authority, such author- ity shall cease to be effective with respect to such country at the end of such 60-day period. (4) If the President recommends under paragraph (1) the exten- sion of the waiver authority granted by subsection (c) (1), and at the end of the 60-day period referred to in paragraph (3) the House of Representatives and the Senate have not adopted a concurrent reso- lution approving the extension of such authority and subparagraph (A) of paragraph (3) does not apply, such authority shall continue in effect until the end of the 12-month period following the end of the 18-month period referred to in subsection (c) (1) with respect to any country (except for any country with respect to which such authority was not extended by reason of the application of subparagraph (B) or (C) of paragraph (2) or subparagraph (B) or (C) of paragraph ( 3 ) ) , unless before the end of the 45-day period following such 60-day period either the House of Representatives or the Senate adopts, by an affirmative vote of a majority of the Members present and voting in that TTonse and under the procedures set forth in section 153, a reso- lution disapproving the extension of such authority generally or with respect to such country specifically. Such authority shall cease to be efjective with respect to all countries on the date of the adoption by either House before the end of such 45-day period of a resolution dis- approving the extension of such authority, and shall cease to be effec- tive with respect to any country on the date of the adoption by either House before the end of such 45-day period of a resolution disapprov- ing the extension of such authority with respect to such country. (5) If the Avaiver authority granted by subsection (c) has been waiver author- extended under paragraph (3) or (4) for any country for the 12- ^^/^'^^^''ther exten- month period referred to in such paragraphs, and the President deter- mines that the further extension of such authority will substantially promote the obiectiv^es of this section, he may recommend further extensions of such authority for successive 12-month periods. Any such recommendations shall— (A) be made not later than 30 days before the expiration of such authority; (B) be made in a document transmitted to the House of Repre- sentatives and the Senate setting forth his reasons for recom- mending the extension of such authority; and (C) include, for each country with respect to which a waiver granted under subsection (c) is in effect, a determination that continuation of the waiver applicable to that country will sub- stantially promote the objectives of this section, and a statement setting forth his reasons for such determination. If the President recommends the further extension of such authoi-itv, such authority shall continue in effect until the end of the 12-month period following the end of the previous 12-month extension with respect to any country (except for any country with respect to which such authoritv has not been extended under this subsection), unless before the end of the 60-day period following such previous 12-month extension, either the House of Representatives or the Senate adopts, by an affirmative vote of a majority of the Members present and voting in that House and vmder the procedures set forth in section 153, a ^"f^, p. 2006.
2060 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. resolution disapproving the extension of such authority generally or with respect to such country specifically. Such authority shall cease to be effective with respect to all countries on the date of the adoption by either House before the end of such 60-day period of a resolution disapproving the extension of such authority, and shall cease to be effective with respect to any country on the date of the adoption by either House before the end of such 60-da^ period of a resolution disapproving the extension of such authority with respect to such country. (e) This section shall not apply to any country the products of which are eligible for the rates set forth in rate column numbered 1 19 use 1202. ^f ti^e Tariff Schedules of the United States on the date of the enact- ment of this Act. 19 use 2433. SEC. 403. UNITED STATES PERSONNEL MISSING IN ACTION IN SOUTH- EAST ASIA. (a) Notwithstanding any other provision of law, if the President determines that a nonmarket economy country is not cooperating with the United States— (1) to achieve a complete accounting of all United States military and civilian personnel who are missing in action in Southeast Asia, (2) to repatriate such personnel who are alive, and (3) to return the remains of such personnel who are dead to the United States, then, during the period beginning with the date of such determina- tion and ending on the date on which the President determines such country is cooperating with the United States, he may provide that— (A) the products of such country may not receive nondiscrimi- natory treatment, (B) such country may not participate, directly or indirectly, in any program under which the United States extends credit, credit guarantees, or investment guarantees, and (C) no commercial agreement entered into under this title between such country and the United States will take effect. (b) This section shall not apply to any country the products of which are eligible for the rates set forth in rate column numbered 1 19 use 1202. ^f ^^^ rp^^j^ Schedules of the United States on the date of the enact- ment of this Act. 19 use 2434. sEc^ 404. EXTENSION OF NONDISCRIMINATORY TREATMENT. (a) Subject to the provisions of section 405(c), the President may by proclamation extend nondiscriminatory treatment to the products of a foreign country which has entered into a bilateral commercial agreement referred to in section 405. (b) The application of nondiscriminatory treatment shall be limited to the period of effectiveness of the obligations of the United States to such country under such bilateral commercial agreement. In addi- tion, in the case of any foreign country receiving nondiscriminatory treatment pursuant to this title which has entered into an agreement with the United States regarding the settlement of lend-lease reciprocal aid and claims, the application of such nondiscriminatory treatment shall be limited to periods during which such country is not in arrears on its obligations under such agreement. (c) The President may at any time suspend or withdraw any exten- sion of nondiscriminatory treatment to any country pursuant to sub- section ( a ) , and thereby cause all products of such country to be dutiable at the rates set forth in rate column numbered 2 of the Tar- 19 use 1202. ^Q Schedules for the United States.
88 STAT.] PUBLIC LAW 93-618-JAN. 3, 1975 2061 SEC. 405. AUTHORITY TO ENTER INTO COMMERCIAL AGREEMENTS. 19 u s e 2435. (a) Subject to the provisions of subsections (b) and (c) of this sec- tion, the President may authorize the entry into force of bilateral commercial agreements providing nondiscriminatory treatment to the products of countries heretofore denied such treatment whenever he determines that such agreements with such countries will promote the purposes of this Act and are in the national interest. (b) Any such bilateral commercial agreement shall— (1) be limited to an initial period specified in the agreement which shall be no more than 3 years from the date the agreement enters into force; except that it mav be renewable for additional periods, each not to exceed 3 years; ir— (A) a satisfactory balance of concessions in trade and serv- ices has been maintained during the life of such agreement, and (B) the President determines that actual or foreseeable reductions in United States tariffs and nontariff barriers to trade resulting from multilateral negotiations are satisfac- torily reciprocated by the other party to the bilateral agreement; (2) provide that it is subject to suspension or termination at any time for national security reasons, or that the other provisions of such agreement shall not limit the rights of any party to take any action for the protection of its security interests; (3) include safeguard arrangements (A) providing for prompt consultations whenever either actual or prospective imports cause or threaten to cause, or significantly contribute to, market disrup- tion and (B) authorizing the imposition of such import restric- tions as may be appropriate to prevent such market disruption; (4) if the other party to the bilateral agreement is not a party to the Paris Convention for the Protection of Industrial Property, 21 UST 1583. provide rights for United States nationals with respect to patents and trademarks in such country not less than the rights specified in such convention; (5) if the other party to the bilateral agreement is not a party to the Universal Copyright Convention, provide rights for ^ UST 2731, United States nationals with respect to copyrights in such country not less than the rights specified in such convention; (6) in the case of an agreement entered into or renewed after the date of the enactment of this Act, provide arrangements for the protection of industrial rights and processes; (7) provide arrangements for the settlement of commercial differences and disputes; (8) in the case of an agreement entered into or renewed after the date of the enactment of this Act, provide arrangements for the promotion of trade, which may include those for the estab- lishment or expansion of trade and tourist promotion offices, for facilitation of activities of governmental commercial officers, par- ticipation in trade fairs and exhibits, and the sending of trade missions, and for facilitation of entry, establishment, and travel of commercial representatives; (9) provide for consultations for the purpose of reviewing the operation of the agreement and relevant aspects of relations between the United States and the other party; and (10) provide such other arrangements of a commercial nature as will promote the purposes of this Act. (c) An agreement referred to in subsection ( a ) , and a proclamation referred to in section 404(a) implementing such agreement, shall take effect only if (1) approved by the Congress by the adoption of a
2062 PUBLIC LAW 93-618-J AN. 3, 1975 [88 STAT. Ante, p . 2001. concurrent resolution referred to in section 151, or (2) in the case of an agreement entered into before the date of the enactment of this Act and a proclamation implementing such agreement, a resolution of Ante, p . 2004. disapproval referred to in section 152 is not adopted during the 90-day period specified by section 407(c) (2). 19 u s e 2436. SEC. 406. MARKET DISRUPTION. (a) (1) Upon the filing of a petition by an entity described in sec- Ante, p . 2011. tion 201(a) (1), upon request of the President or the Special Repre- sentative for Trade Negotiations, upon resolution of either the Committee on Ways and Means of the House of Representatives or the Committee on Finance of the Senate, or on its own motion, the Inter- national Trade Commission (hereafter in this section referred to as the "Commission") shall promptly make an investigation to determine, with respect to imports of an article which is the product of a Com- munist country, whether market disruption exists with respect to an article produced by a domestic industry. (2) The provisions of subsections (a) (2), (b) (3), and (c) of sec- tion 201 shall apply wdth respect to investigations by the Commission under paragraph (1). Report to President. (3) The Commission shall report to the President its determination with respect to each investigation under paragraph (1) and the basis therefor and shall include in each report any dissenting or separate views. If the Commission finds, as a result of its investigation, that market disruption exists with respect to an article produced by a domestic industry, it shall find the amount of the increase in, or imposi- tion of, any duty or other import restriction on such article which is necessary to prevent or remedy such market disruption and shall include such finding in its report to the President, The Commission shall furnish to the President a transcript of the hearings and any briefs which may have been submitted in connection with each investigation. (4) The report of the Commission of its determination with respect to an investigation under paragraph (1) shall be made at the earliest practicable time, but not later than 3 months after the date on which the petition is filed (or the date on which the request or resolution is received or the motion is adopted, as the case may be). Upon making such report to the President, the Commission shall also promptly make public such report (with the exception of information which the Com- Publication in mission determines to be confidential) and shall cause a summary Federal Register. thereof to be published in the Federal Register. Ante, pp. 2014, 2015. (b) For purposes of sections 202 and 203, an affirmative determina- tion of the Commission under subsection (a) shall be treated as an affirmative determination under section 201(b), except that— (1) the President may take action under sections 202 and 203 only with respect to imports from the country or countries involved of the article with respect to which the affirmative determination was made, and (2) if such action consists of, or includes, an orderly marketing agreement, such agreement shall be entered into within 60 days after the import relief determination date. Investigation. (c) If, at any time, the President finds that there are reasonable grounds to believe, with respect to imports of an article which is the product of a Communist country, that market disruption exists with respect to an article produced by a domestic industry, he shall request Emergency action. the Commission to initiate an investigation under subsection (a). If the President further finds that emergency action is necessary, he may take action under sections 202 and 203 as if an affirmative determina- tion of the Commission had been made under subsection (a). Any
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2063 action taken by the President under the preceding sentence shall cease to apply (1) if a negative determination is made by the Com- mission under subsection (a) with respect to imports of such article, on the day on which the Commission's report of such determination is submitted to the President, or (2) if an affirmative determination is made by the Commission under subsection (a) with respect to imports of such article, on the day on which the action taken by the President pursuant to such determination becomes effective. (d) (1) A petition may be filed with the President by an entity described in section 201(a)(1) requesting the President to initiate Ante, p. 2011. consultations provided for by the safeguard arrangements of any agreement entered into under section 405 with respect to imports of an article which is the product of the country which is the other party to such agreement. (2) If the President determines that there are reasonable gi-ounds to believe, Avith respect to imports of such article, that market dis- ruption exists with respect to an article produced by a domestic indus- try, he shall initiate consultations with such country with respect to such imports. (e) For purposes of this section— (1) The term "Communist country" means any country domi- "Communist country." nated, or controlled by communism. (2) Market disruption exists within a domestic industry when- ever imports of an article, like or directly competitive with an article produced by such domestic industry, are increasing rap- idly, either absolutely or relatively, so as to be a significant cause of material injury, or threat thereof, to such domestic industry. SEC. 407. PROCEDURE FOR CONGRESSIONAL APPROVAL OR DISAP- i9 use 2437. PROVAL OF EXTENSION OF NONDISCRIMINATORY TREAT- MENT AND PRESIDENTIAL REPORTS. (a) Whenever the President issues a proclamation under section 404 extending nondiscriminatory treatment to the products of any for- eign country, he shall promptly transmit to the House of Ile]>resenta- tives and to the Senate a document setting forth the proclamation and the agreement the proclamation proposes to implement, together with his reasons therefor. (b) The President shall transmit to the House of Representatives and the Senate a document containing the initial report submitted by him under section 402(b) or 409(b) with respect to a nonmarket econ- omy country. On or before December 31 of each year, the President shall transmit to the House of Representatives and the Senate, a docu- ment containing the report required by section 402(b) or 409(b) as the case may be, to be submitted on or before such December 31. (c) (1) In the case of a document referred to in subsection (a) (other than a document to which paragraph (2) applies), the procla- mation set forth therein may become effe<^tive and the agreement set forth therein may enter into force and effect only if the House of Representatives and the Senate adopt, by an affirmative vote of a majority of those present and voting in each House, a concurrent resolution of approval (under the procedures set forth in section 151) ^"^^' P- 2001. of the extension of nondiscriminatory treatment to the products of the country concerned. (2) In the case of a document referred to in subsection (a) which sets forth an agreement entered into before the date of the enactment of this Act and a proclamation implementing such agreement, such proclamation may become effective and such agreement may enter into force and effect after the close of the 90-day period beginning on the day on which such document is delivered to the House of Representa- tives and to the Senate, unless during such 90-day period either the
2064 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. House of Representatives or the Senate adopts, by an affirmative vote of a majority of those present and voting in that House, a resolution Ante, p. 2004. ^^ disapproval (under the procedures set forth in section 152) of the extension of nondiscriminatory treatment to the products of the coun- try concerned. (3) In the case of a document referred to in subsection (b) which contains a report submitted by the President under section 402(b) or 409(b) with respect to a nonmarket economy country, if, before the close of the 90-day period beginning on the day on which such docu- ment is delivered to the House of Representatives and to the Senate, either the House of Representatives or the Senate adopts, by an affirm- ative vote of a majority of those present and voting in that House, a resolution of disapproval (under the procedures set forth in section 152) of the report submitted by the President with respect to such country, then, beginning with the day after the date of the adoption of such resolution of disapproval, (A) nondiscriminatory treatment shall not be in force with respect to the products of such country, and the products of such country shall be dutiable at the rates set forth in 19 use 1202. j.^j.^ column numbered 2 of the Tariff Schedules of the United States, (B) such country may not participate in any program of the Govern- ment of the United States which extends credit or credit guarantees or investment guarantees, and (C) no commercial agreement may thereafter be concluded with such country under this title. 19 use 2438. SEC. 408. PAYMENT BY CZECHOSLOVAKIA OF AMOUNTS OWED UNITED STATES CITIZENS AND NATIONALS. (a) The arrangement initialed on July 5, 1974, with respect to the settlement of the claims of citizens and nationals of the United States against the Government of Czechoslovakia shall be renegoti- ated and shall be submitted to the Congress as part of any agreement entered into under this title with Czechoslovakia. (b) The United States shall not release any gold belonging to Czechoslovakia and controlled directly or indirectly by the United States pursuant to the provisions of the Paris Reparations Agree- 61 Stat. 3157. mcnt of January 24,1946, or otherwise, until such agreement has been approved by the Congress. 19 use 2439. gEc^ 409. FREEDOM TO EMIGRATE TO JOIN A VERY CLOSE RELATIVE IN THE UNITED STATES. (a) To assure the continued dedication of the United States to the fundamental human rights and welfare of its own citizens, and not- withstanding any other provision of law, on or after the date of the enactment of this Act, no nonmarket economy country shall participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, directly or indirectly, and the President of the United States shall not conclude any commercial agreement with any such country, during the period beginning with the date on which the President determines that such country—• / (1) denies its citizens the right or opportunity to join per- manently through emigration, a very close relative in the United State, such as a spouse, parent, child, brother, or sister; (2) imposes more than a nominal tax on the visas or other docu- ments required for emigration described in paragraph (1) ; or (3) imposes more than a nominal tax, levy, fine, fee, or other charge on any citizen as a consequence of the desire of such citizen to emigrate as described in paragraph (1), and ending on the date on which the President determines that such country is no longer in violation of paragraph (1), (2), or (3).
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2065 (b) After tlie date of the enactment of this Act, (A) a nonmarket economy country may participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, and (B) the President may conclude a com- c<frf res's!° mercial agreement with such country, only after the President has submitted to the Congress a report indicating that such country is not in violation of paragraph (1), (2), or (3) of subsection ( a ) . Such report with respect to such country shall include information as to the nature and implementation of its laws and policies and restrictions or discrimination applied to or against persons wishing to emigrate to the United States to join close relatives. The report required by this subsection shall be submitted initially as provided herein and, with current information, on or before each June 30 and December 31 there- after, so long as such credits or guarantees are extended or such agree- ment is in effect. (c) This section shall not apply to any country the products of which are eligible for the rates set forth in rate column numbered 1 of the Tariff Schedules of the United States on the date of enactment of t h i s A c t . 19 u s e 1202. (d) During any period that a waiver is in effect with respect to any nonmarket economy country under section 402(c), the provisions of subsections (a) and (b) shall not apply with respect to such country. SEC. 410. EAST-WEST TRADE STATISTICS MONITORING SYSTEM. i9 use 2440. The International Trade Commission shall establish and maintain a program to monitor imports of articles into the United States from nonmarket economy countries and exports of articles from the United States to nonmarket economy countries. To the extent feasible, the Commission shall coordinate such program with any relevant data gathering programs presently conducted by the Secretary of Com- merce. The Secretary of Commerce shall provide the Commission with any information which, in the determination of the Commission, is necessary to carry out this section. The Commission shall publish da^ta'"t^an^smittai a detailed summary of the data collected under the East-West Trade to eongress. Statistics Monitoring System not less frequently than once each calen- dar quarter and shall transmit such publication to the East-West Foreign Trade Board and to Congress. Such publication shall include data on the effect of such imports, if any, on the production of like, or directly competitive, articles in the United States and on employment within the industry which produces like, or directly competitive, articles in the United States. SEC. 411. EAST-WEST FOREIGN TRADE BOARD. i9 use 2441. (a) The President shall establish an East-West Foreign Trade Establishment. Board (hereinafter referred to as the "Board") to monitor trade between persons and agencies of the United States Government and nonmarket economy countries or instrumentalities of such countries to insure that such trade will be in the national interest of the United States. ( b ) ( 1 ) Any person who exports technology vital to the national Report. interest of the United States to a nonmarket economy country or an instrumentality of such country, and any agency of the United States which provides credits, guarantees or insurance to such country or such instrumentality in an amount in excess of $5,000,000 during any calendar year, shall file a report with the Board in such form and manner as the Board requires which describes the nature and terms of such export or such provision. (2) F o r purposes of paragraph (1), if the total amount of credits, guarantees and insurance which an agency of the United States pro- vides to all nonmarket economy countries and the instrumentalities
2066 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. of such countries exceeds $5,000,000 during a calendar year, then all subsequent provisions of credits, guarantees or insurance in any amount, during such year shall be reported to the Board under the provisions of paragraph (1). Report to Congress. (c) The Board shall submit to Congress a quarterly report on trade between the United States and nonmarket economy countries and instrumentalities of such countries. Such report shall include a review of the status of negotiations of bilateral trade agreements between the United States and such countries under this title, the activities of joint trade commissions created pursuant to such agreements, the reso- lution of commercial disputes between the United States and such countries, any exports from such countries w^hich have caused disrup- tion of United States markets, and recommendations for the promo- tion of east-west trade in the national interest of the United States. TITLE V—GENERALIZED SYSTEM OF PREFERENCES 19 use 2461. SEC 5Q1 AUTHORITY TO EXTEND PREFERENCES. The President may provide duty-free treatment for any eligible article from any beneficiary developing country in accordance with the provisions of this title. In taking any such action, the President shall have due regard for— (1) the effect such action will have on furthering the economic development of developing countries; (2) the extent to whicli other major developed countries are undertaking a comparable effort to assist developing countries by granting generalized preferences with respect to imports of prod- ucts of such countries; and (3) the anticipated impact of such action on United States producers of like or directly competitive products. 19 use 2462. SEC. 502. BENEFICIARY DEVELOPING COUNTRY. devfio"ln'^'co^n- (^) ^^"^ ^^^ purposcs of this title, the term "beneficiary developing try." country" means any country with respect to which there is in effect an Executive order by the President of the United States designating such country as a beneficiary developing country for purposes of this title. Before the President designates any country as a beneficiary developing country for purposes of this title, he shall notify the House of Representatives and the Senate of his intention to make such desig- nation, together with the considerations entering into such decision. (2) If the President has designated any country as a beneficiary developing country for purposes of this title, he shall not terminate such designation (either by issuing an Executive order for that pur- pose or by issuing an Executive order which has the effect of terminat- ing such designation) unless, at least 60 days before such termination, he has notified the House of Representatives and the Senate and has notified such country of his intention to terminate such designation, together with the considerations entering into such decision. "Country." (g) j^Qr purposcs of this title, the term "country" means any for- eign country, any overseas dependent territory or possession of a foreign country, or the Trust Territory of the Pacific Islands. I n the case of an association of countries which is a free trade area or customs union, the President may by Executive order provide that all members of such association other than members which are barred from desig- nation under subsection (b) shall be treated as one country for pur- poses of this title.
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2067 (b) No designation shall be made under this section with respect to Designation J! j-1 J! 11 • •*• restriction. any oi the rollowmg: Australia Japan Austria Monaco Canada New Zealand Czechoslovakia Norway European Economic Com- Poland munity member states Republic of South Africa Finland Sweden Germany (East) Switzerland Hungary Union of Soviet Socialist Iceland Republics I n addition, the President shall not designate any country a beneficiary developing country under this section— (1) if such country is a Communist country, unless (A) the products of such country receive nondiscriminatory treatment, (B) such country is a contracting party to the General Agreement on Tariffs and Trade and a member of the International Mone- tary Fund, and (C) such country is not dominated or controlled by international communism; (2) if such country is a member of the Organization of Petro- leum Exporting Countries, or a party to any other arrangement of foreign countries, and such country participates in any action pursuant to such arrangement the effect of which is to withhold supplies of vital commodity resources from international trade or to raise the price of such commodities to an unreasonable level and to cause serious disruption of the world economy; withhold supplies of vital commodity resources from interna- tional trade or to raise the price of such commodities to an unreasonable level which causes serious disruption of the world economy; (3) if such country affords preferential treatment to the products of a developed country, other than the United States, which has, or is likely to have, a significant adverse effect on United States commerce, unless the President has received assur- ances satisfactory to him that such preferential treatment will be eliminated before January 1, 1976, or that action will be taken before January 1, 1976, to assure that there will be no such significant adverse effect, and he reports those assurances to the Congress; (4) if such country— (A) has nationalized, expropriated, or otherwise seized ownership or control of property owned by a United States citizen or by a corporation, partnership, or association which is 50 percent or more beneficially owned by United States citizens, (B) has taken steps to repudiate or nullify an existing contract or agreement with a United States citizen or a cor- poration, partnership, or association which is 50 percent or more beneficially owned by United States citizens, the effect of which is to nationalize, expropriate, or otherwise seize ownership or control of property so owned, or (C) has imposed or enforced taxes or other exactions, restrictive maintenance or operational conditions, or other measures with respect to property so owned, the effect of which is to nationalize, expropriate, or otherwise seize owner- ship or control of such property, unless—
2068 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. (D) the President determines that— (i) prompt, adequate, and effective compensation has been or is being made to such citizen, corporation, part- nership, or association, (ii) good faith negotiations to provide prompt, ade- quate, and effective compensation under the applicable provisions of international law are in progress, or such country is otherwise taking steps to discharge its obliga- tions under international law with respect to such citizen, corporation, partnership, or association, or (iiij a dispute involving such citizen, corporation, part- nership, or association over compensation for such a seizure has been submitted to arbitration under the pro- visions of the Convention for the Settlement of Invest- ment Disputes, or in another mutually agreed upon forum, and promptly furnishes a copy of such determination to the Senate and House of Representatives; (5) if such country does not take adequate steps to cooperate with the United States to prevent narcotic drugs and other con- trolled substances (as listed in the schedules in section 202 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 812)) produced, processed, or transported in such country from entering the United States unlawfully; and (6) if such country fails to act in good faith in recognizing as binding or in enforcing arbitral awards in favor of United States citizens or a corporation, partnership or association which is 50 percent or more beneficially owned by United States citizens, which have been made by arbitrators appointed for each case or by permanent arbitral bodies to which the parties involved have sub- mitted their dispute. Paragraphs (4), (5), and (6) shall not prevent the designation of any country as a beneficiary developing country under this section if the President determines that such designation will be in the national economic interest of the United States and reports such determination to the Congress with his reasons therefor. (c) I n determining whether to designate any country a beneficiary developing country under this section, the President shall take into account— (1) an expression by such country of its desire to be so designated; (2) the level of economic development of such country, includ- ing its per capita gross national product, the living standards of its inhabitants, and any other economic factors which he deems appropriate ; (3) whether or not the other major developed countries are extending generalized preferential tariff treatment to such coun- t r y ; and (4) the extent to which such country has assured the United States it Avill provide equitable and reasonable access to the markets and basic commodity resources of such country. (d) General headnote 3(a) to the Tariff Schedules of the United States (19 U.S.C. 1202) (relating to products of insular possessions) is amended by adding at the end thereof the following new paragraph: " (iii) Subject to the limitations imposed under sections 503 (b) and 504(c) of the Trade Act of 1974, articles designated eligible articles under section 503 of such Act which are imported from an insular possession of the United States shall receive duty treat-
88 STAT.] PUBLIC LAW 93-618-JAN. 3, 1975 2069 ment no less favoiable than the treatment afforded such articles imported from a beneficiary developing comitry under title V of such Act." (e) The President may exempt from the application of paragraph emptions. u s e 2462. (2) of subsection (b) any country during the period during which such country (A) is a party to a bilateral or multilateral trade agree- ment to which the United States is also a party if such agreement fulfills the negotiating objectives set forth in section 108 of assuring the United States fair and equitable access at reasonable prices to supplies of articles of commerce important to the economic require- ments of the United States and (B) is not in violation of such agreement by action denying the United States such fair and equitable access. SEC. 503. ELIGIBLE ARTICLES. 19 u s e 2 4 6 3 . (a) The President shall, from time to time, publish and furnish the International Trade Commission with lists of articles which may be considered for designation as eligible articles for purposes of this title. Before any such list is furnished to the Commission, there shall be in effect an Executive order under section 502 designating benefi- ciary developing countries. The provisions of sections 131, 132, 133, and 134 of this Act shall be complied with as though action under 1995. Ante, pp. 1994, section 501 were action under section 101 of this Act to carry out a Ante, p . 1982. trade agreement entered into under section 101. After receiving the advice of the Commission with respect to the listed articles, the Presi- dent shall designate those articles he considers appropriate to be eligible articles for purposes of this title by Executive order. (b) The duty-free treatment provided under section 501 with respect to any eligible article shall apply only— (1) to an article which is imported directly from a beneficiary developing country into the customs territory of the United States; and (2) (A) if the sum of (i) the cost or value of the materials pro- duced in the beneficiary developing country plus (ii) the direct costs of processing operations performed in such beneficiary de- veloping country is not less than 35 percent of the appraised value of such article at the time of its entry into the customs territory of the United States; or (B) if the sum of (i) the cost or value of the materials pro- duced in 2 or more countries which are members of the same asso- ciation of countries which is treated as one country under section 502(a) (3), plus (ii) the direct costs of processing operations per- formed in such countries is not less than 50 percent of the appraised value of such article at the time of its entry into the customs territory of the United States. For purposes of paragraph (2) ( A ) , the term "country" does not " e o u n t r y . " include an association of countries which is treated as one country under section 502(a) (3) but does include a country which is a member of any such association. The Secretary of the Treasury shall prescribe R e g u l a t i o n s . such regulations as may be necessary to carry out this subsection. (c) (1) The President may not designate any article as an eligible a rImport-sensitive ticles. article under subsection (a) if such article is within one of the follow- ing categories of import-sensitive articles— (A) textile and apparel articles which are subject to textile agreements, (B) watches, (C) import-sensitive electronic articles, (D) import-sensitive steel articles.
2070 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. (E) footwear articles specified in items 700.05 through 700.27, 700.29 through 700.53, 700.55.23 through 700.55.75, and 700.60 19 use 1202. through 700.80 of the Tariff Schedules of the United States, ( F ) import-sensitive semimanufactured and manufactured glass products, and (G) any other articles which the President determines to be import-sensitive in the context of the Generalized System of Preferences. (2) No article shall be an eligible article for purposes of this title for an^ period during which such article is the subject of any action Ante, p. 2 015. proclaimed pursuant to section 203 of this Act or section 232 or 351 of 198^1 "^^ ^ ^^^' ^^® ^^ "^® P^xpansion Act of 1962. 19 use 2464. SEC. 504. LIMITATIONS ON PREFERENTIAL TREATMENT. (a) The President may withdraw, suspend, or limit the application of the duty-free treatment accorded under section 501 with respect to any article or with respect to any country; except that no rate of duty may be established in respect of any article pursuant to this section other than the rate which would apply but for this title. In taking any action under this subsection, the President shall consider the factors set forth in sections 501 and 502 (c). Beneficiary (^^ 'j^j^g President shall, after complying with the requirements of try'[^designa^ti'"n' section 502(a) (2), withdraw or suspend the designation of any country withdrawal or as a beneficlary developing country if, after such designation, he suspension. determines that as the result of changed circumstances such country would be barred from designation as a beneficiary developing country under section 502(b). Such country shall cease to be a beneficiary developing country on the day on which the President issues an Executive order revoking his designation of such country under section 502. (c) (1) Whenever the President determines that any country— (A) has exported (directly or indirectly) to the United States during a calendar year a quantity of an eligible article having an appraised value in excess of an amount which bears the same ratio to $25,000,000 as the gross national product of the United States for the preceding calendar year, as determined by the Depart- ment of Commerce, bears to the gross national product of the United States for calendar year 1974, or (B) except as provided m subsection ( d ) , has exported (either directly or indirectly) to the United States a quantity of any eligible article equal to or exceeding 50 percent of the appraised value of the total imports of such article into the United States during any calendar year, then, not later than 60 days after the close of such calendar year, such country shall not be treated as a beneficiary developing country with Publication in respect to such article, except that, if before such 60th day, tlie Presi- Federal Register. dent determines and publishes in the Federal Register that, with respect to such country— (i) there has been an historical preferential trade relationship between the United States and such country, (ii) there is a treaty or trade agreement in force covering eco- nomic relations between such country and the United States, and (iii) such country does not discriminate against, or impose unjustifiable or unreasonable barriers to, United States commerce, then he may designate, or continue the designation of, such country as a beneficiary developing country with respect to such article. (2) A country which is no longer treated as a beneficiary developing country with respect to an eligible article by reason of this subsection
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2071 may be redesignated, subject to the provisions of section 502, a benefi- ciary developing country with respect to such article if imports of such article from such country did not exceed the limitations in paragraph (1) of this subsection during the preceding calendar year. (d) Subsection (c) (1) (B) does not apply with respect to any eligi- ble article if a like or directly competitive article is not produced on the date of enactment of this Act in the United States. (e) No action pursuant to section 501 may affect any tariff duty . ^"'"•^° ^'^°j imposed by the Legislature of Puerto Kico pursuant to section 319 of'J^ty'^^ the Tariff Act of 1930 (19 U.S.C. sec. 1319) on coffee imported into Puerto Rico. SEC. 505. TIME LIMIT ON TITLE; COMPREHENSIVE REVIEW. i9 use 2465. (a) No duty-free treatment under this title shall remain in effect after the date which is 10 years after the date of the enactment of this Act. (b) On or before the date which is 5 years after the date of the Presidential report to Con- enactment of this Act, the President shall submit to the Congress a full gress . and complete report of the operation of this title. TITLE VI—GENERAL PROVISIONS SEC. 601. DEFINITIONS. i9 use 2481, For purposes of this Act— (1) The term "duty" includes the rate and form of any import duty, including but not limited to tariff-rate quotas. (2) The term "other import restriction" includes a limitation, prohibition, charge, and exaction other than duty, imposed on importation or imposed for the regulation of importation. The term does not include any orderly marketing agreement. (3) The term "ad valorem" includes ad valorem equivalent. Whenever any limitation on the amount by which or to which any rate of duty may be decreased or increased pursuant to a trade agreement is expressed in terms of an ad valorem percentage, the ad valorem amount taken into account for purposes of such limitation shall be determined by the President on the basis of the value of imports of the articles concerned during the most recent representative period. (4) The term "ad valorem equivalent" means the ad valorem equivalent of a specific rate or, in the case of a combination of rates including a specific rate, the sum of the ad valorem equiva- lent of the specific rate and of the ad valorem rate. The ad valorem equivalent shall be determined by the President on the basis of the value of imports of the article concerned during the most recent representative period. I n determining the value of imports, the President shall utilize, to the maximum extent practicable, the standards of valuation contained in section 402 or 402a of the Tariff Act of 1930 (19 U.S.C. sec. 1401a or 1402) applicable to the article concerned during such representative period. (5) An imported article is "directly competitive with" a domes- tic article at an earlier or later stage of processing, and a domestic article is "directly competitive with" an imported article at an earlier or later stage of processing, if the importation of the article has an economic effect on producers of the domestic article comparable to the effect of importation of articles in the same stage of processing as the domestic article. For purposes of this paragraph, the unprocessed article is at an earlier stage of processing.
2072 PUBLIC LAW 93-618-jAN. 3, 1975 [88 STAT. (6) The term "modification", as applied to any duty or other import restriction, includes the elimination of any duty or other import restriction. (7) The term "existing" means (A) when used, without the specification of any date, with respect to any matter relating to entering into or carrying out a trade agreement or other action authorized by this Act, existing on the day on which such trade agreement is entered into or such other action is taken; and (B) when used with respect to a rate of duty, the nonpreferential rate of duty (however established, and even though temporarily sus- pended by Act of Congress or otherwise) set forth in rate column numbered 1 of schedules 1 through 7 of the Tariff Schedules of 19 u s e 1202. the United States on the date specified or (if no date is specified) on the day referred to in clause ( A ) . (8) A product of a country or area is an article which is the growth, produce, or manufacture of such country or area. (9) The term "nondiscriminatory treatment" means most- favored-nation treatment. (10) The term "commerce" includes services associated with international trade. 19 use 1352. SEC. 602. RELATION TO OTHER LAWS. (a) The second and third sentences of section 2(a) of the Act entitled "An Act to amend the Tariff Act of 1930," approved June 12, 1934, as amended (19 U.S.C. sec. 1352(a)), are each amended by striking out "this Act or the Trade Expansion Act of 1962" and insert- ing in lieu thereof "this Act or the Trade Expansion Act of 1962 or the Trade Act of 1974". 19 use 1872. (b) Section 242 of the Trade Expansion Act of 1962 is amended as follows: (1) by striking out "351 and 352" in subsection (a) and insert- ing in lieu thereof "201, 202, and 203 of the Trade Act of 1974"; (2) by striking out "with respect to tariff adjustment" in sub- section ( b ) ( 2 ) ; (3) by striking out "301(e)" in subsection (b) (2) and insert- ing in lieu thereof "201 (d) of the Trade Act of 1974" ; (4) by striking out "concerning foreign import restrictions" in subsection (b) (3) ; and (5) by striking out "section 252(d)" each place it appears and inserting in lieu thereof "subsections (c) and (d) of section 301 of the t r a d e Act of 1974". 19 use 1981. (c) Section 351(c) (1) (B) of the Trade Expansion Act of 1962 is amended by striking out "unless extended under paragraph (2)," and inserting in lieu thereof the following: "unless extended under section 203 of the Trade Act of 1974,". Repeals. ((J) Scctious 202, 211, 212, 213, 221, 222, 223, 224, 225, 226, 231, 241, 243, 252, 253, 254, 255(a), 256, so much of 301 and 302 as is not repealed by subsection (e), 351(c) (2) and (d) (3), 361, 401, 402, 403, 404, and 405 (1), (3), (4), and (5) of the Trade Expansion Act of 1962 are repealed. Repeals. (g) Sectious 301(a) (2) and (3), (c), ( d ) ( 2 ) , (f) (1) and (3), 302(b) (1) and (2), (c), ( d ) , and (e), 311 through 315, 317(a), 321 through 338 of the Trade Expansion Act of 1962 are repealed on the 90th day following the date of the enactment of this Act. no^te."^^ ^^°^ (f) ^^1 provisions of law (other than this Act, the Trade Expansion i9*usc 1801 Act of 1962, and the Trade Agreements Extension Act of 1951) in note, 1360 note, gflfg^^ ^f<-gj. ^^^ ^^^^ ^f enactment of this Act, referring to section 350 19 use 13 51. of the Tariff Act of 1930, to that section as amended, to the Act entitled "An Act to amend the Tariff Act of 1930," approved June 12, 1934, to
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2073 that Act as amended or to the Trade Expansion Act of 1962, or to i9 use isoi agreements entered into, or proclamations issued, or actions taken n o t e . under any of such provisions, shall be constiTied, unless clearly pre- cluded by the Context, to refer also to this Act, or to agreements entered into or proclamations or orders issued, pursuant to this Act. SEC. 603. INTERNATIONAL TRADE COMMISSION. i9 use 2482 (a) I n order to expedite the performance of its functions under this Act, the International Trade Commission may conduct preliminary investigations, determine the scope and manner of its proceedings, and consolidate proceedings before it. (b) I n performing its functions under this Act, the Commission may exercise any authority granted to it under any other Act. (c) The Commission shall at all times keep informed concerning the operation and effect of provisions relating to duties or other import restrictions of the United States contained in trade agreements entered into under the trade agreements program. SEC. 604. CONSEQUENTIAL CHANGES IN THE TARIFF SCHEDULES. i9 use 2483 The President shall from time to time, as appropriate, embody in the Tariff Schedules of the United States the substance of the relevant ^ ^ "^*^ ^^02 provisions of this Act, and of other Acts affecting import treatment^ and actions thereunder, including modification, continuance, or imposition of any rate of duty or other import restriction. SEC. 605. SEPARABILITY. 19 use 2101 If any provision of this Act or the application of any provision "°*^' to any circumstances or persons shall be held invalid, the validity of the remainder of this Act, and of the application of such provision to other circumstances or persons, shall not be affected thereby. SEC. 6C6. INTERNATIONAL DRUG CONTROL. i9 use 2484 The President shall submit a report to Congress at least once each portP r e s i d e n t i a l re- to e o n g r e s s . calendar year listing those foreign countries in which narcotic drugs and other controlled substances (as listed under section 202 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 812)) are produced, processed, or transported for unlaAvful entry into the United States. Such report shall include a descrip- tion of the measures such countries are taking to prevent such produc- tion, processing, or transport. SEC. 607. VOLUNTARY LIMITATIONS ON EXPORTS OF STEEL TO THE 19 use 2485. UNITED STATES. No person shall be liable for damages, penalties, or other sanctions under the Federal Trade Commission Act (15 U.S.C. 41-77) or the Antitrust Acts (as defined in section 4 of the Federal Trade Com- mission Act (15 U.S.C. 44)), or under any similar State law, on •account of his negotiating, entering into, participating in, or imple- menting an arrangement providing for the voluntary limitation on exports of steel and steel products to the United States, or any modifi- cation or renewal of such an arrangement, if such arrangement or such modification or renewal— (1) was undertaken prior to the date of the enactment of this Act at the request of the Secretary of State or his delegate, and (2) ceases to be effective not later than January 1, 1975. SEC. 608. UNIFORM STATISTICAL DATA ON IMPORTS, EXPORTS, AND PRODUCTION. (a) Section 484(e) of the Tariff Act of 1930 (19 U.S.C. 1484(e)) is amended to read as follows: "(e) STATISTICAL ENUMERATION.—The Secretary of the Treasury, the Secretary of Commerce, and the United States International Trade
2074 PUBLIC LAW 93-618-JAN. 3, 1975 [88 STAT. Commission are authorized and directed to establish from time to time for statistical purposes an enumeration of articles in such detail as in their judgment may be necessary, comprehending all merchan- dise imported into the United States and exported from the United States, and shall seek, in conjunction with statistical programs for domestic production, to establish the comparability thereof with such enumeration of articles. All import entries and export declarations shall include or have attached thereto an accurate statement specify- ing, in terms of such detailed enumeration, the kinds and quantities of all merchandise imported and exported and the value of the total quantity of each kind of article.". Commodity classification (b) i n carrying out the responsibilities under section 484(e), Tariff systems, study. Act of 1930 and other pertinent statutes, the Secretary of Commerce 19 u s e 1484 note. and the United States International Trade Commission shall conduct 19 u s e 1484. jointly a study of existing commodity classification systems with a view to identifying the appropriate principles and concepts which should guide the organization and development of an enumeration of articles which would result in comparability of United States Report to import, production, and export data. The Secretary and the United Congress and President. States International Trade Commission shall submit a report to both Houses of Congress and to the President with respect to such study no later than August 1,1975. Investigation. (c) In further connection with its responsibilities pursuant to sub- 19 u s e 1484 note. sections (a) and (b), the United States International Trade Commis- sion shall undertake an investigation under section 332(g) of the 19 u s e 1332. Tariff Act of 1930 which would provide the basis for— Report to Congress and (1) a report on the appropriate concepts and principles which President. should underlie the formulation of an international commodity code adaptable for modernized tariff nomenclature purposes and for recording, handling, and reporting of transactions in national and international trade, taking into account how such a code could meet the needs of sound customs and trade reporting prac- tices reflecting the interests of United States and other countries, such report to be submitted to both Houses of Congress and to the President as soon as feasible, but in any event, no later than June 1,1975; and (2) full and immediate participation by the United States International Trade Commission in the United States contribu- tion to technical work of the Harmonized Systems Committee under the Customs Cooperation Council to assure the recognition of the needs of the United States business community in the development of a Harmonized Code reflecting sound principles of commodity identification and specification and modern producing methods and trading practices, Report to Congress and and, in carrying out sudi reponsibilities, the Commission shall report President. to both Houses of Congress and to the President, as it deems appro- priate. Federal agen- c i e s , coopera- (d) The President is requested to direct the appropriate agencies tion. to cooperate fully with the Secretary of Commerce and the United 19 u s e 1484 note. States International Trade Commission in carrying out their responsi- bilities under subsections ( a ) , ( b ) , a n d (c). Effective d a t e . 19 u s e 1484 (e) The amendment made by subsection (a) insofar as it relates to note. export declarations shall take effect on January 1,1976. SEC. 609. SUBMISSION OF STATISTICAL DATA ON IMPORTS AND EXPORTS. (a) Section 301 of title 13, United States Code, is amended— (1) by inserting " ( a ) " before "The Secretary"; and
88 STAT. ] PUBLIC LAW 93-618-JAN. 3, 1975 2075 (2) by adding at the end thereof the following new subsections: " ( b ) The Secretary shall submit to the Committee on Ways and statistics, sub- •» r /• 1 Tx /• T-» • 1 1 /'-( • x-<- mittal to congres- Means oi the House ot Kepresentatives and the Committee on i^ mance sionai committees. of the Senate, on quarterly and cumulative bases, statistics on United States imports for consumption and United States exports by country and by product. Statistics on L^nited States imports shall be submitted in accordance with the Tariff Schedules of the United States Annotated and general statistical headnote 1 thereof, in detail as follows: " (1) net quantity; "(2) United States customs value; "(3) purchase price or its equivalent; "(4) equivalent of arm's length value; "(5) aggregate cost from port of exportation to United States port of entry; "(6) a United States port of entry value comprised of (5) plus (4), if applicable, or, if not applicable, (5) plus (3) ; and "(7) for transactions where (3) and (4) are equal, the total value of such transactions. The data for paragraphs (1), (2), (3), (5), and (6) shall be reported separately for nonrelated and related party transactions, and shall also be reported as a total of all transactions. "(c) I n submitting any information under subsection (b) with respect to exports, the Secretary shall state separately from the total value of all exports— "(1) (A) the value of agricultural commodities exported under the Agricultural Trade Development and Assistance Act of 1954, as amended; and „iy^^ ^^^^ note. " ( B ) the total amount of all export subsidies paid to exporters by the United States under such Act for the exportation of such commodities; and "(2) the value of goods exported under the Foreign xVssistance Act of 1961. 22 u s e 2151 " ( d ) To assist the Secretary to carry out the provisions of sub- note. sections (b) and (c) — "(1) the Secretary of Agriculture shall furnish information to the Secretary concerning the value of agricultural commodities exported under provisions of the Agricultural Trade Develop- ment and Assistance Act of 1954, as amended, and the total amounts of all export subsidies paid to exporters by the United States under such Act for the exportation of such commodities; and "(2) the Secretary of State shall furnish information to the Secretary concerning the value of goods exported under the pro- visions of the Foreign Assistance Act of 1961, as amended." (b) The amendments made by subsection (a) shall take effect on Effective date. 13 u s e 301 January 1,1975. note. SEC. 610. GIFTS SENT FROM INSULAR POSSESSIONS. (a) Section 3 2 1 ( a ) ( 2 ) ( A ) of the Tariff Act of 1930 (19 U.S.C. 1321(a) (2) ( A ) ) is amended by inserting after "United States" the following: "($20, in the case of articles sent as bona fide gifts from persons in the Virgin Islands, Guam, and American Samoa)". (b) The amendment made by subsection (a) shall apply with 19 use 1321 respect to articles entered, or withdrawn from warehouse, for con- note sumption after the date of the enactment of this Act. SEC. 611. REVIEW OF PROTESTS IN IMPORT SURCHARGE CASES. 19 use ISIJJ Notwithstanding the provisions of section 515(a) of the Tariff Act note. of 1930 (19 U.S.C. 1516(a)), in the case of any protest under section 514 of such Act involving the imposition of an import surcharge in the 19 use 1514
2076 PUBLIC LAW 93-619-JAN. 3, 1975 [88 STAT. form of a supplemental duty pursuant to Presidential Proclamation 02nofer^''* 1202 note 4074, dated August 17, 1971, the time for review and allowing or denying the protest shall not expire until five years from the date 19 u s e 1514 the protest was filed in accordance with such section 514. 19 u s e 2486 SEC. 612. TRADE RELATIONS WITH CANADA. I t is the sense of the Congress that the United States should enter into a trade agreement with Canada which will guarantee continued stability to the economies of the United States and Canada. I n order to promote such economic stability, the President may initiate negotia- tions for a trade agreement with Canada to establish a free trade area covering the United States and Canada. Nothing in this section shall be construed as prior approval of any legislation which may be neces- sary to implement such a trade agreement. 19 use 2487. SEC. 613. LIMITATION ON CREDIT TO RUSSIA. After the date of enactment of the Trade Act of 1974, no agency of the Government of the United States, other than the Commodity Credit Corporation, shall approve any loans, guarantees, insurance, or any combination thereof, in connection with exports to the Union of Soviet Socialist Kepublics in an aggregate amount in excess of $300,000,000 without prior congressional approval as provided by law. Approved January 3, 1975. Public Law 93-619 January 3, 1975 ^^ ACT l^^- '^^'^^ To assist in reducing crime and the danger of recidivism by requiring speedy trials and by strengthening the supervision over persons released pending trial, and for other purposes. Be it enacted hy the Senate and House of Representatives of the AttTi%lt^^ United States of America in Congress assembled^ That this Act may 'is^isc 3161 be cited as the "Speedy Trial Act of 1974". note. TITLE I—SPEEDY TRIAL SEC. 101. Title 18, United States Code, is amended by adding immediately after chapter 207, a new chapter 208, as follows: "Chapter 208.—SPEEDY TRIAL "See. "3161. Time limits and exclusions. "3162. Sanctions. "3163. Effective dates. "3164. Interim limits. "3165. District plans—generally. "3166. District plans—contents. "3167. Reports to Congress. "3168. Planning process. "3169. Federal Judicial Center. "3170. Speedy trial data. "3171. Planning appropriations. "3172. Definitions. "3173. Sixth amendment rights. "3174. Judicial emergency. 18 use 3161. "§3161. Time limits and exclusions. " (a) In any case involving a defendant charged with an offense, the appropriate judicial officer, at the earliest practicable time, shall, after consultation with the counsel for the defendant and the attorney for the Government, set the case for trial on a day certain, or list it for trial on a weekly or other short-term trial calendar at a place within the judicial district, so as to assure a speedy trial.