19 U.S.C. § 2171 — Structure, functions, powers, and per-

Page 529 TITLE 19—CUSTOMS DUTIES § 2171 § 2171. Structure, functions, powers, and per- sonnel (a) Establishment within Executive Office of the President There is established within the Executive Of- fice of the President the Office of the United States Trade Representative (hereinafter in this section referred to as the ‘‘Office’’). (b) United States Trade Representative; Deputy United States Trade Representatives (1) The Office shall be headed by the United States Trade Representative who shall be ap- pointed by the President, by and with the advice and consent of the Senate. As an exercise of the rulemaking power of the Senate, any nomina- tion of the United States Trade Representative submitted to the Senate for confirmation, and referred to a committee, shall be referred to the Committee on Finance. The United States Trade Representative 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 three Deputy United States Trade Representatives, one Chief Agricultural Negotiator, and one Chief Innova- tion and Intellectual Property Negotiator, who shall be appointed by the President, by and with the advice and consent of the Senate. As an ex- ercise of the rulemaking power of the Senate, any nomination of a Deputy United States Trade Representative, the Chief Agricultural Negotiator, or the Chief Innovation and Intellec- tual Property Negotiator submitted to the Sen- ate for its advice and consent, and referred to a committee, shall be referred to the Committee on Finance. Each Deputy United States Trade Representative, the Chief Agricultural Nego- tiator, and the Chief Innovation and Intellectual Property Negotiator shall hold office at the pleasure of the President and shall have the rank of Ambassador. (3) There shall be in the Office one Chief Transparency Officer. The Chief Transparency Officer shall consult with Congress on trans- parency policy, coordinate transparency in trade negotiations, engage and assist the public, and advise the United States Trade Representa- tive on transparency policy. (4) A person who has directly represented, aided, or advised a foreign entity (as defined by section 207(f)(3) of title 18) in any trade negotia- tion, or trade dispute, with the United States may not be appointed as United States Trade Representative or as a Deputy United States Trade Representative. (5)(A) When the President submits to the Sen- ate for its advice and consent a nomination of an individual for appointment as a Deputy United States Trade Representative under para- graph (2), the President shall include in that submission information on the country, regional offices, and functions of the Office of the United States Trade Representative with respect to which that individual will have responsibility. (B) The President shall notify the Committee on Ways and Means of the House of Representa- tives and the Committee on Finance of the Sen- ate not less than 30 days prior to making any change to the responsibilities of any Deputy United States Trade Representative included in a submission under subparagraph (A), including the reason for that change. (c) Duties of United States Trade Representative and Deputy United States Trade Representa- tives (1) The United States Trade Representative shall— (A) have primary responsibility for devel- oping, and for coordinating the implementa- tion of, United States international trade pol- icy, including commodity matters, and, to the extent they are related to international trade policy, direct investment matters; (B) serve as the principal advisor to the President on international trade policy and shall advise the President on the impact of other policies of the United States Govern- ment on international trade; (C) have lead responsibility for the conduct of, and shall be the chief representative of the United States for, international trade negotia- tions, including all negotiations on any mat- ter considered under the auspices of the World Trade Organization, commodity and direct in- vestment negotiations, in which the United States participates; (D) issue and coordinate policy guidance to departments and agencies on basic issues of policy and interpretation arising in the exer- cise of international trade functions, including any matter considered under the auspices of the World Trade Organization, to the extent necessary to assure the coordination of inter- national trade policy and consistent with any other law; (E) act as the principal spokesman of the President on international trade; (F) report directly to the President and the Congress regarding, and be responsible to the President and the Congress for the administra- tion of, trade agreements programs; (G) advise the President and Congress with respect to nontariff barriers to international trade, international commodity agreements, and other matters which are related to the trade agreements programs; (H) be responsible for making reports to Congress with respect to matters referred to in subparagraphs (C) and (F); (I) be chairman of the interagency trade or- ganization established under section 1872(a) of this title, and shall consult with and be ad- vised by such organization in the performance of his functions; and (J) in addition to those functions that are delegated to the United States Trade Rep- resentative as of August 23, 1988, be respon- sible for such other functions as the President may direct. (2) It is the sense of Congress that the United States Trade Representative should— (A) be the senior representative on any body that the President may establish for the pur- pose of providing to the President advice on overall economic policies in which inter- national trade matters predominate; and (B) be included as a participant in all eco- nomic summit and other international meet- Page 530 TITLE 19—CUSTOMS DUTIES § 2171 1 So in original. Probably should be section ‘‘5315’’. ings at which international trade is a major topic. (3) The United States Trade Representative may— (A) delegate any of his functions, powers, and duties to such officers and employees of the Office as he may designate; and (B) authorize such successive redelegations of such functions, powers, and duties to such officers and employees of the Office as he may deem appropriate. (4) Each Deputy United States Trade Rep- resentative shall have as his principal function the conduct of trade negotiations under this chapter and shall have such other functions as the United States Trade Representative may di- rect. (5) The principal function of the Chief Agricul- tural Negotiator shall be to conduct trade nego- tiations and to enforce trade agreements relat- ing to United States agricultural products and services. The Chief Agricultural Negotiator shall be a vigorous advocate on behalf of United States agricultural interests. The Chief Agricul- tural Negotiator shall perform such other func- tions as the United States Trade Representative may direct. (6) The principal functions of the Chief Innova- tion and Intellectual Property Negotiator shall be to conduct trade negotiations and to enforce trade agreements relating to United States in- tellectual property and to take appropriate ac- tions to address acts, policies, and practices of foreign governments that have a significant ad- verse impact on the value of United States inno- vation. The Chief Innovation and Intellectual Property Negotiator shall be a vigorous advo- cate on behalf of United States innovation and intellectual property interests. The Chief Inno- vation and Intellectual Property Negotiator shall perform such other functions as the United States Trade Representative may direct. (d) Unfair trade practices; additional duties of Representative; advisory committee; defini- tion (1) In carrying out subsection (c) with respect to unfair trade practices, the United States Trade Representative shall— (A) coordinate the application of inter- agency resources, including resources of the Interagency Center on Trade Implementation, Monitoring, and Enforcement established under subsection (h), to specific unfair trade practice cases; (B) identify, and refer to the appropriate Federal department or agency for consider- ation with respect to action, each act, policy, or practice referred to in the report required under section 2241(b) of this title, or otherwise known to the United States Trade Representa- tive on the basis of other available informa- tion, that may be an unfair trade practice that either— (i) is considered to be inconsistent with the provisions of any trade agreement and has a significant adverse impact on United States commerce, or (ii) has a significant adverse impact on do- mestic firms or industries that are either too small or financially weak to initiate pro- ceedings under the trade laws; (C) identify practices having a significant adverse impact on United States commerce that the attainment of United States negoti- ating objectives would eliminate; and (D) identify, on a biennial basis, those United States Government policies and prac- tices that, if engaged in by a foreign govern- ment, might constitute unfair trade practices under United States law. (2) For purposes of carrying out paragraph (1), the United States Trade Representative shall be assisted by an interagency unfair trade prac- tices advisory committee composed of the Trade Representative, who shall chair the committee, and senior representatives of the following agen- cies, appointed by the respective heads of those agencies: (A) The Bureau of Economics and Business Affairs of the Department of State. (B) The United States and Foreign Commer- cial Services of the Department of Commerce. (C) The International Trade Administration (other than the United States and Foreign Commercial Service) of the Department of Commerce. (D) The Foreign Agricultural Service of the Department of Agriculture. The United States Trade Representative may also request the advice of the United States International Trade Commission regarding the carrying out of paragraph (1). (3) For purposes of this subsection, the term ‘‘unfair trade practice’’ means any act, policy, or practice that— (A) may be a subsidy with respect to which countervailing duties may be imposed under subtitle A of title VII [19 U.S.C. 1671 et seq.]; (B) may result in the sale or likely sale of foreign merchandise with respect to which antidumping duties may be imposed under subtitle B of title VII [19 U.S.C. 1673 et seq.]; (C) may be either an unfair method of com- petition, or an unfair act in the importation of articles into the United States, that is unlaw- ful under section 337 [19 U.S.C. 1337]; or (D) may be an act, policy, or practice of a kind with respect to which action may be taken under subchapter III of this chapter. (e) Powers of United States Trade Representa- tive The United States Trade Representative may, for the purpose of carrying out his functions under this section— (1) subject to the civil service and classifica- tion laws, select, appoint, employ, and fix the compensation of such officers and employees as are necessary and prescribe their authority and duties, except that not more than 20 indi- viduals may be employed without regard to any provision of law regulating the employ- ment or compensation at rates not to exceed the rate of pay for level IV of the Executive Schedule in section 5314 1 of title 5; (2) employ experts and consultants in ac- cordance with section 3109 of title 5 and com- Page 531 TITLE 19—CUSTOMS DUTIES § 2171 pensate 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 in section 5332 of title 5 and while such experts and consultants are so serving away from their homes or regular place of business, to pay such employees travel ex- penses and per diem in lieu of subsistence at rates authorized by section 5703 of title 5 for persons in Government service employed intermittently; (3) promulgate such rules and regulations as may be necessary to carry out the functions, powers and duties vested in him; (4) utilize, with their consent, the services, personnel, and facilities of other Federal agen- cies; (5) enter into and perform such contracts, leases, cooperative agreements, or other trans- actions as may be necessary in the conduct of the work of the Office and on such terms as the United States Trade Representative may deem appropriate, with any agency or instru- mentality of the United States, or with any public or private person, firm, association, corporation, or institution; (6) accept voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31; (7) adopt an official seal, which shall be judi- cially noticed; (8) pay for expenses approved by him for offi- cial travel without regard to the Federal Trav- el Regulations or to the provisions of sub- chapter I of chapter 57 of title 5 (relating to rates of per diem allowances in lieu of subsist- ence expenses); (9) accept, hold, administer, and utilize gifts, devises, and bequests of property, both real and personal, for the purpose of aiding or fa- cilitating the work of the Office; (10) acquire, by purchase or exchange, not more than two passenger motor vehicles for use abroad, except that no vehicle may be ac- quired at a cost exceeding $9,500; and (11) provide, where authorized by law, copies of documents to persons at cost, except that any funds so received shall be credited to, and be available for use from, the account from which expenditures relating thereto were made. (f) Use of other Federal agencies The United States Trade Representative shall, to the extent he deems it necessary for the prop- er 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. (g) Authorization of appropriations (1)(A) There are authorized to be appropriated to the Office for the purposes of carrying out its functions the following: (i) $32,300,000 for fiscal year 2003. (ii) $33,108,000 for fiscal year 2004. (B) Of the amounts authorized to be appro- priated under subparagraph (A) for any fiscal year— (i) not to exceed $98,000 may be used for en- tertainment and representation expenses of the Office; and (ii) not to exceed $1,000,000 shall remain available until expended. (2) For the fiscal year beginning October 1, 1982, and for each fiscal year thereafter, there are authorized to be appropriated to the Office for the salaries of its officers and employees such additional sums as may be provided by law to reflect pay rate changes made in accordance with the Federal Pay Comparability Act of 1970. (3) By not later than the date on which the President submits to Congress the budget of the United States Government for a fiscal year, the United States Trade Representative shall sub- mit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the projected amount of funds for the succeeding fiscal year that will be necessary for the Office to carry out its func- tions. (h) Interagency Center on Trade Implementa- tion, Monitoring, and Enforcement (1) Establishment of Center There is established in the Office of the United States Trade Representative an Inter- agency Center on Trade Implementation, Mon- itoring, and Enforcement (in this section re- ferred to as the ‘‘Center’’). (2) Functions of Center The Center shall support the activities of the United States Trade Representative in— (A) investigating potential disputes under the auspices of the World Trade Organiza- tion; (B) investigating potential disputes pursu- ant to bilateral and regional trade agree- ments to which the United States is a party; (C) carrying out the functions of the United States Trade Representative under this section with respect to the monitoring and enforcement of trade agreements to which the United States is a party; and (D) monitoring measures taken by parties to implement provisions of trade agreements to which the United States is a party. (3) Personnel (A) Director The head of the Center shall be a Director, who shall be appointed by the United States Trade Representative. (B) Additional employees A Federal agency may, in consultation with and with the approval of the United States Trade Representative, detail or as- sign one or more employees to the Center without any reimbursement from the Center to support the functions of the Center. (Pub. L. 93–618, title I, § 141, Jan. 3, 1975, 88 Stat. 1999; Pub. L. 97–456, § 3(a)–(d)(2), Jan. 12, 1983, 96 Stat. 2504, 2505; Pub. L. 98–573, title III, § 304(d)(2)(A), title VII, § 703, Oct. 30, 1984, 98 Stat. 3004, 3043; Pub. L. 99–272, title XIII, § 13023, Apr. 7, 1986, 100 Stat. 307; Pub. L. 99–514, title XVIII, § 1887(a)(3), (4), Oct. 22, 1986, 100 Stat. 2923; Pub. L. 100–203, title IX, § 9504, Dec. 22, 1987, 101 Stat. 1330–382; Pub. L. 100–418, title I, § 1601, Aug. 23, 1988, 102 Stat. 1260; Pub. L. 101–207, § 1(a), Dec. 7, 1989, 103 Stat. 1833; Pub. L. 101–382, title I, Page 532 TITLE 19—CUSTOMS DUTIES § 2171 § 103(a), Aug. 20, 1990, 104 Stat. 634; Pub. L. 103–465, title VI, § 621(a)(8), Dec. 8, 1994, 108 Stat. 4993; Pub. L. 104–65, § 21(b), Dec. 19, 1995, 109 Stat. 704; Pub. L. 104–295, § 20(f)(1), Oct. 11, 1996, 110 Stat. 3529; Pub. L. 106–36, title I, § 1001(a)(2), June 25, 1999, 113 Stat. 130; Pub. L. 106–200, title IV, § 406, May 18, 2000, 114 Stat. 293; Pub. L. 107–210, div. A, title III, § 361(a), (b), Aug. 6, 2002, 116 Stat. 991; Pub. L. 108–429, title II, § 2004(a)(15), Dec. 3, 2004, 118 Stat. 2591; Pub. L. 114–26, title I, § 104(f), June 29, 2015, 129 Stat. 342; Pub. L. 114–125, title VI, §§ 604(a), (b), 609(a), title IX, § 918, Feb. 24, 2016, 130 Stat. 185, 186, 190, 280.) Editorial Notes REFERENCES IN TEXT Subtitles A and B of title VII and section 337, referred to in subsec. (d)(3)(A) to (C), probably mean subtitles A and B of title VII and section 337 of the Tariff Act of 1930 which is act June 17, 1930, ch. 497, 46 Stat. 590. Sub- titles A and B of title VII of the Tariff Act of 1930 are classified generally to parts I and II (§ 1671 et seq. and 1673 et seq., respectively) of subtitle IV of chapter 4 of this title. Section 337 of the Tariff Act of 1930 is classi- fied to section 1337 of this title. For complete classi- fication of this Act to the Code, see section 1654 of this title and Tables. Subchapter III of this chapter, referred to in subsec. (d)(3)(D), was in the original ‘‘title III of the Trade Act of 1974’’, which is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978. Chapter 1 of title III of the Trade Act of 1974 is classified generally to subchapter III (§ 2411 et seq.) of this chapter. For complete classification of title III to the Code, see Tables. The Federal Pay Comparability Act of 1970, referred to in subsec. (g)(2), is Pub. L. 91–656, Jan. 8, 1971, 84 Stat. 1946, which enacted sections 5305 to 5308 and 5947 of Title 5, Government Organization and Employees, amended sections 5108, 5301, and 5942 of Title 5 and sec- tion 410 of Title 39, Postal Service, repealed section 5302 of Title 5, and enacted provisions set out as notes under sections 5303 and 5942 of Title 5, section 60a of Title 2, The Congress, and section 410 of Title 39. For complete classification of the Act to the Code see Short Title note set out under section 5301 of Title 5 and Tables. CODIFICATION Section is comprised of section 141 of Pub. L. 93–618. Section 141(b) of Pub. L. 93–618 contains two pars. (3), the first of which amended sections 5312 and 5314 of Title 5, Government Organization and Employees. AMENDMENTS 2016—Subsec. (b)(2). Pub. L. 114–125, § 609(a)(1), sub- stituted ‘‘, one Chief Agricultural Negotiator, and one Chief Innovation and Intellectual Property Nego- tiator,’’ for ‘‘and one Chief Agricultural Negotiator’’, ‘‘, the Chief Agricultural Negotiator, or the Chief Inno- vation and Intellectual Property Negotiator’’ for ‘‘or the Chief Agricultural Negotiator’’, and ‘‘, the Chief Agricultural Negotiator, and the Chief Innovation and Intellectual Property Negotiator’’ for ‘‘and the Chief Agricultural Negotiator’’. Subsec. (b)(5). Pub. L. 114–125, § 918, added par. (5). Subsec. (c)(5). Pub. L. 114–125, § 609(a)(2)(A), realigned margins. Subsec. (c)(6). Pub. L. 114–125, § 609(a)(2)(B), added par. (6). Subsec. (d)(1)(A). Pub. L. 114–125, § 604(b), inserted ‘‘, including resources of the Interagency Center on Trade Implementation, Monitoring, and Enforcement established under subsection (h),’’ after ‘‘interagency resources’’. Subsec. (h). Pub. L. 114–125, § 604(a), added subsec. (h). 2015—Subsec. (b)(3), (4). Pub. L. 114–26 added par. (3) and redesignated former par. (3) as (4). 2004—Subsec. (b)(2). Pub. L. 108–429 realigned margins. 2002—Subsec. (g)(1)(A). Pub. L. 107–210, § 361(a)(1)(A), struck out ‘‘not to exceed’’ after ‘‘functions’’ in intro- ductory provisions. Subsec. (g)(1)(A)(i). Pub. L. 107–210, § 361(a)(1)(B), added cl. (i) and struck out former cl. (i) which read as follows: ‘‘$23,250,000 for fiscal year 1991.’’ Subsec. (g)(1)(A)(ii). Pub. L. 107–210, § 361(a)(1)(C), added cl. (ii) and struck out former cl. (ii) which read as follows: ‘‘$21,077,000 for fiscal year 1992.’’ Subsec. (g)(1)(B). Pub. L. 107–210, § 361(a)(2), inserted ‘‘and’’ at end of cl. (i), redesignated cl. (iii) as (ii), and struck out former cl. (ii) which read as follows: ‘‘not to exceed $2,050,000 may be used to pay the United States share of the expenses of binational panels and extraor- dinary challenge committees convened pursuant to chapter 19 of the United States-Canada Free-Trade Agreement; and’’. Subsec. (g)(3). Pub. L. 107–210, § 361(b), added par. (3). 2000—Subsec. (b)(2). Pub. L. 106–200, § 406(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘There shall be in the Office three Deputy United States Trade Representatives who shall be ap- pointed by the President, by and with the advice and consent of the Senate. As an exercise of the rulemaking power of the Senate, any nomination of a Deputy United States Trade Representative submitted to the Senate for confirmation, and referred to a committee, shall be referred to the Committee on Finance. Each Deputy United States Trade Representative shall hold office at the pleasure of the President and shall have the rank of Ambassador.’’ Subsec. (c)(5). Pub. L. 106–200, § 406(2), added par. (5). 1999—Subsec. (b)(3). Pub. L. 106–36 struck out ‘‘LIMI- TATION ON APPOINTMENTS.—’’ after ‘‘(3)’’ and realigned margins. 1996—Subsec. (c)(1)(D). Pub. L. 104–295 struck out comma after ‘‘World Trade Organization,’’. 1995—Subsec. (b)(3). Pub. L. 104–65 added par. (3). 1994—Subsec. (c)(1)(C). Pub. L. 103–465, § 621(a)(8)(A), inserted ‘‘all negotiations on any matter considered under the auspices of the World Trade Organization,’’ after ‘‘including’’. Subsec. (c)(1)(D). Pub. L. 103–465, § 621(a)(8)(B), in- serted ‘‘, including any matter considered under the auspices of the World Trade Organization,’’ after ‘‘func- tions’’. 1990—Subsec. (g)(1). Pub. L. 101–382 amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘(A) There are authorized to be appropriated for fis- cal year 1990 to the Office for the purposes of carrying out its functions not to exceed $19,651,000. ‘‘(B) Of the amounts authorized to be appropriated under subparagraph (A) for fiscal year 1990— ‘‘(i) not to exceed $89,000 may be used for entertain- ment and representation expenses of the Office; and ‘‘(ii) not to exceed $1,000,000 shall remain available until expended.’’ 1989—Subsec. (g)(1). Pub. L. 101–207, in subpar. (A), substituted ‘‘1990’’ for ‘‘1988’’ and ‘‘$19,651,000’’ for ‘‘$15,172,000’’, and in subpar. (B), substituted ‘‘1990’’ for ‘‘1988’’ in introductory provisions, and ‘‘$89,000’’ for ‘‘$69,000’’ in cl. (i). 1988—Subsec. (c)(1). Pub. L. 100–418, § 1601(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘The United States Trade Rep- resentative shall— ‘‘(A) be the chief representative of the United States for each trade negotiation under this sub- chapter or section 2411 of this title; ‘‘(B) report directly to the President and the Con- gress, and be responsible to the President and the Congress for the administration of trade agreements programs under this chapter, the Trade Expansion Act of 1962 [19 U.S.C. 1801 et seq.], and section 1351 of this title; ‘‘(C) advise the President and Congress with respect to nontariff barriers to international trade, inter- national commodity agreements, and other matters which are related to the trade agreements programs; Page 533 TITLE 19—CUSTOMS DUTIES § 2171 ‘‘(D) be responsible for making reports to Congress with respect to the matter set forth in subparagraphs (A) and (B); ‘‘(E) be chairman of the interagency trade organiza- tion established pursuant to section 242(a) of the Trade Expansion Act of 1962 [19 U.S.C. 1872(a)]; and ‘‘(F) be responsible for such other functions as the President may direct.’’ Subsec. (c)(2) to (4). Pub. L. 100–418, § 1601(a)(2), (3), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively. Subsecs. (d) to (g). Pub. L. 100–418, § 1601(b)(1), (2), added subsec. (d) and redesignated former subsecs. (d) to (f) as (e) to (g), respectively. 1987—Subsec. (f)(1). Pub. L. 100–203 amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘There are authorized to be appropriated to the Office for the purpose of carrying out its functions $13,582,000 for fiscal year 1986; of which not to exceed $80,000 may be used for entertainment and representation ex- penses.’’ 1986—Subsec. (d)(1). Pub. L. 99–272, § 13023(1), inserted provision that not more than 20 individuals may be em- ployed without regard to any provision of law regu- lating the employment or compensation at rates not to exceed the rate of pay for level IV of the Executive Schedule. Subsec. (d)(6). Pub. L. 99–514, § 1887(a)(3), substituted ‘‘1342 of title 31’’ for ‘‘3679(b) of the Revised Statutes (31 U.S.C. 665(b))’’. Subsec. (d)(8), (11). Pub. L. 99–514, § 1887(a)(4), redesig- nated the par. (8) relating to the provision of copies of documents to persons at cost as par. (11). Subsec. (f)(1). Pub. L. 99–272, § 13023(2), substituted ‘‘$13,582,000 for fiscal year 1986’’ for ‘‘$14,179,000 for fiscal year 1985’’. 1984—Subsec. (d)(6) to (8). Pub. L. 98–573, § 304(d)(2)(A), which directed that a new par. (8), relating to the pro- vision of copies of documents to persons at cost, be added to subsec. (d) by striking out ‘‘and’’ at the end of par. (6), substituting ‘‘; and’’ for the period at the end of par. (7), and adding the new par. (8) at the end there- of, was executed by adding the new par. (8) following par. (10). Amendments to pars. (6) and (7) could not be executed. Subsec. (f)(1). Pub. L. 98–573, § 703, substituted provi- sions authorizing appropriations of $14,179,000 for fiscal year 1985, of which not more than $80,000 may be used for entertainment and representation for provisions au- thorizing appropriations of $11,100,000 for fiscal year 1983, of which not more than $65,000 could be used for entertainment and representation expenses. 1983—Subsec. (a). Pub. L. 97–456, § 3(d)(1)(D), sub- stituted ‘‘United States Trade Representative’’ for ‘‘Special Representative for Trade Negotiations’’. Subsec. (b)(1). Pub. L. 97–456, § 3(d)(1)(D), substituted ‘‘United States Trade Representative’’ for ‘‘Special Representative for Trade Negotiations’’ wherever ap- pearing. Subsec. (b)(2). Pub. L. 97–456, § 3(c), (d)(2)(A), (B), sub- stituted ‘‘three Deputy United States Trade Represent- atives’’ for ‘‘two Deputy Special Representatives for Trade Negotiations’’ after ‘‘in the Office’’, ‘‘a Deputy United States Trade Representative’’ for ‘‘a Deputy Special Representative’’ after ‘‘any nomination of a’’, and ‘‘Deputy United States Trade Representative’’ for ‘‘Deputy Special Representative for Trade Negotia- tions’’ after ‘‘Each’’. Subsec. (c)(1). Pub. L. 97–456, § 3(d)(1)(D), substituted ‘‘United States Trade Representative’’ for ‘‘Special Representative for Trade Negotiations’’ in provisions preceding subpar. (A). Subsec. (c)(2). Pub. L. 97–456, § 3(b)(1), added par. (2). Former par. (2) redesignated (3). Subsec. (c)(3). Pub. L. 97–456, § 3(b)(1), (d)(2)(C), (D), re- designated former par. (2) as (3) and substituted ‘‘Dep- uty United States Trade Representative’’ for ‘‘Deputy Special Representative for Trade Negotiations’’ after ‘‘Each’’ and ‘‘United States Trade Representative’’ for ‘‘Special Representative for Trade Negotiations’’ after ‘‘such other functions as the’’. Subsec. (d). Pub. L. 97–456, § 3(d)(1)(D), substituted ‘‘United States Trade Representative’’ for ‘‘Special Representative for Trade Negotiations’’ in provisions preceding par. (1). Subsec. (d)(3). Pub. L. 97–456, § 3(b)(2), inserted ‘‘, powers and duties’’ after ‘‘functions’’. Subsec. (d)(5). Pub. L. 97–456, § 3(d)(1)(D), substituted ‘‘United States Trade Representative’’ for ‘‘Special Representative for Trade Negotiations’’. Subsec. (d)(8) to (10). Pub. L. 97–456, § 3(b)(3)–(5), added pars. (8) to (10). Subsec. (e). Pub. L. 97–456, § 3(d)(1)(D), substituted ‘‘United States Trade Representative’’ for ‘‘Special Representative for Trade Negotiations’’. Subsec. (f). Pub. L. 97–456, § 3(a), substituted provi- sions authorizing for appropriation $11,100,000 for fiscal 1983, of which no more than $65,000 could be used for en- tertainment and representation expenses, and author- izing for appropriation such additional sums as might be provided in accordance with the Federal Pay Com- parability Act of 1970, for provisions authorizing for ap- propriation necessary sums for fiscal 1976 and each fis- cal year thereafter any part of which was within the five-year period beginning on Jan. 3, 1975. Subsec. (g). Pub. L. 97–456, § 3(d)(1), struck out subsec. (g) which abolished the Office of Special Representative for Trade Negotiations and transferred its assets and obligations to the Office of United States Trade Rep- resentative. Subsec. (h). Pub. L. 97–456, § 3(d)(1), struck out subsec. (h) which permitted any individual holding the position of Special Representative for Trade Negotiations or Deputy Special Representative for Trade Negotiations on Jan. 3, 1975, appointed with the advice and consent of the Senate, to continue to hold such position, and provided for the transfer of personnel employed by the Office of Special Representative for Trade Negotiations on Jan. 2, 1975, to the Office of United States Trade Representative. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–210 applicable to petitions for certification filed under part 2 or 3 of subchapter II of this chapter on or after the date that is 90 days after Aug. 6, 2002, except as otherwise provided, see section 151 of Pub. L. 107–210, set out as a note preceding sec- tion 2271 of this title. EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–65 applicable with respect to an individual appointed as United States Trade Rep- resentative or as a Deputy United States Trade Rep- resentative on or after Dec. 19, 1995, see section 21(c) of Pub. L. 104–65, set out as a note under section 207 of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective on the date on which the WTO Agreement enters into force with re- spect to the United States (Jan. 1, 1995), see section 621(b) of Pub. L. 103–465, set out as a note under section 1677k of this title. CHIEF NEGOTIATOR FOR INTELLECTUAL PROPERTY ENFORCEMENT Pub. L. 108–447, div. B, title II, Dec. 8, 2004, 118 Stat. 2872, provided in part: ‘‘That there is established a posi- tion of Chief Negotiator for Intellectual Property En- forcement.’’ EXCEPTIONS TO LIMITATION ON APPOINTMENT OF CER- TAIN PERSONS AS UNITED STATES TRADE REPRESENT- ATIVE Pub. L. 115–31, div. B, title V, § 541, May 5, 2017, 131 Stat. 229, provided that: ‘‘(a) IN GENERAL.—The limitation under section 141(b)(4) of the Trade Act of 1974 (19 U.S.C. 2171(b)(4)) Page 534 TITLE 19—CUSTOMS DUTIES § 2171 shall not apply to the first person appointed, by and with the advice and consent of the Senate, as the United States Trade Representative after the date of the enactment of this Act [May 5, 2017], if that person served as a Deputy United States Trade Representative before the date of the enactment of the Lobbying Dis- closure Act of 1995 (2 U.S.C. 1601 et seq.) [Dec. 19, 1995]. ‘‘(b) LIMITED EXCEPTION.—This section applies only to the first person appointed as United States Trade Rep- resentative after the date of enactment of this Act, and to no other person.’’ Pub. L. 105–5, Mar. 17, 1997, 111 Stat. 11, provided: ‘‘That notwithstanding the provisions of paragraph (3) [now (4)] of section 141(b) of the Trade Act of 1974 (19 U.S.C. 2171(b)(3) [now (b)(4)]) or any other provision of law, the President, acting by and with the advice and consent of the Senate, is authorized to appoint Charlene Barshefsky as the United States Trade Rep- resentative.’’ REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. SENIOR COMMERCIAL OFFICERS TO HOLD TITLE OF MINISTER-COUNSELOR; MAXIMUM NUMBER DESIGNATED Provisions requiring the Secretary of State, upon the request of the Secretary of Commerce, to accord the diplomatic title of Minister-Counselor to the senior Commercial Officer assigned to any United States mis- sion abroad with a limit on the number of Commercial Service officers accorded such diplomatic title at any time were contained in the following appropriation acts: Pub. L. 102–395, title II, Oct. 6, 1992, 106 Stat. 1852. Pub. L. 102–140, title II, Oct. 28, 1991, 105 Stat. 802. Pub. L. 101–515, title I, Nov. 5, 1990, 104 Stat. 2103. Pub. L. 101–162, title I, Nov. 21, 1989, 103 Stat. 991. Pub. L. 100–459, title I, Oct. 1, 1988, 102 Stat. 2189. Pub. L. 100–202, § 101(a) [title I], Dec. 22, 1987, 101 Stat. 1329, 1329–3. PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989 For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1801–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code. Executive Documents REORGANIZATION PLAN NO. 3 OF 1979 44 F.R. 69273, 93 Stat. 1381, as amended Pub. L. 97–195, § 1(c)(6), June 16, 1982, 96 Stat. 115; Pub. L. 97–377, title I, § 122, Dec. 21, 1982, 96 Stat. 1913; Pub. L. 117–328, div. BB, title VI, § 604, Dec. 29, 2022, 136 Stat. 5566 Prepared by the President and transmitted to the Sen- ate and the House of Representatives in Congress as- sembled, September 25, 1979, pursuant to the provi- sions of chapter 9 of title 5 of the United States Code. REORGANIZATION OF FUNCTIONS RELATING TO INTERNATIONAL TRADE SECTION 1. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE (a) The Office of the Special Representative for Trade Negotiations is redesignated the Office of the United States Trade Representative. (b)(1) The Special Representative for Trade Negotia- tions is redesignated the United States Trade Rep- resentative (hereinafter referred to as the ‘‘Trade Rep- resentative’’). The Trade Representative shall have pri- mary responsibility, with the advice of the interagency organization established under section 242 of the Trade Expansion Act of 1962 (19 U.S.C. 1872) (hereinafter re- ferred to as the ‘‘Committee’’), for developing, and for coordinating the implementation of, United States international trade policy, including commodity mat- ters and, to the extent they are related to international trade policy, direct investment matters. The Trade Representative shall serve as the principal advisor to the President on international trade policy and shall advise the President on the impact of other policies of the United States Government on international trade. (2) The Trade Representative shall have lead respon- sibility for the conduct of international trade negotia- tions, including commodity and direct investment ne- gotiations in which the United States participates. (3) To the extent necessary to assure the coordination of international trade policy, and consistent with any other law, the Trade Representative, with the advice of the Committee, shall issue policy guidance to depart- ments and agencies on basic issues of policy and inter- pretation arising in the exercise of the following inter- national trade functions. Such guidance shall deter- mine the policy of the United States with respect to international trade issues arising in the exercise of such functions: (A) matters concerning the General Agreement on Tariffs and Trade, including implementation of the trade agreements set forth in section 2(c) of the Trade Agreements Act of 1979 [19 U.S.C. 2503(c)]; United States Government positions on trade and commodity matters dealt with by the Organization for Economic Cooperation and Development, the United Nations Conference on Trade and Develop- ment, and other multilateral organizations; and the assertion and protection of the rights of the United States under bilateral and multilateral international trade and commodity agreements; (B) expansion of exports from the United States; (C) policy research on international trade, com- modity, and direct investment matters; (D) to the extent permitted by law, overall United States policy with regard to unfair trade practices, including enforcement of countervailing duties and antidumping functions under section 303 and title VII of the Tariff Act of 1930 [19 U.S.C. 1303, 1671 et seq.]; (E) bilateral trade and commodity issues, including East-West trade matters; and (F) international trade issues involving energy. (4) All functions of the Trade Representative shall be conducted under the direction of the President. (c) The Deputy Special Representatives for Trade Ne- gotiations are redesignated Deputy United States Trade Representatives. SEC. 2. DEPARTMENT OF COMMERCE (a) The Secretary of Commerce (hereinafter referred to as the ‘‘Secretary’’) shall have, in addition to any other functions assigned by law, general operational re- sponsibility for major nonagricultural international trade functions of the United States Government, in- cluding export development, commercial representa- tion abroad, the administration of the antidumping and countervailing duty laws, export controls, trade adjust- ment assistance to firms and communities, research and analysis, and monitoring compliance with inter- national trade agreements to which the United States is a party. (b)(1) There shall be in the Department of Commerce (hereinafter referred to as the ‘‘Department’’) a Deputy Secretary appointed by the President, by and with the advice and consent of the Senate. The Deputy Sec- retary shall receive compensation at the rate payable for Level II of the Executive Schedule [5 U.S.C. 5315], and shall perform such duties and exercise such powers as the Secretary may from time to time prescribe. Page 535 TITLE 19—CUSTOMS DUTIES § 2171 (2) The position of Under Secretary of Commerce es- tablished under section 1 of the Act of June 5, 1939 (ch. 180, 53 Stat. 808; 15 U.S.C. 1502) is abolished. (c) There shall be in the Department an Under Sec- retary for International Trade appointed by the Presi- dent, by and with the advice and consent of the Senate. The Under Secretary for International Trade shall re- ceive compensation at the rate payable for Level III of the Executive Schedule [5 U.S.C. 5314], and shall per- form such duties and exercise such powers as the Sec- retary may from time to time prescribe. (d)(1) There shall be in the Department three addi- tional Assistant Secretaries, including the Assistant Secretary of Commerce for Travel and Tourism, ap- pointed by the President, by and with the advice and consent of the Senate. Each such Assistant Secretary shall perform such duties and exercise such powers as the Secretary may from time to time prescribe. (2) The Assistant Secretary of Commerce for Travel and Tourism shall report directly to the Under Sec- retary of Commerce for International Trade. (e) There shall be in the Department of Commerce a Director General of the United States and Foreign Commercial Services who shall be appointed by the President, by and with the advice and consent of the Senate, and shall receive compensation at the rate pre- scribed by law for level IV of the Executive Schedule [5 U.S.C. 5315]. [As amended Pub. L. 97–195, § 1(c)(6), June 16, 1982, 96 Stat. 115; Pub. L. 97–377, title I, § 122, Dec. 21, 1982, 96 Stat. 1913.] SEC. 3. EXPORT-IMPORT BANK OF THE UNITED STATES The Trade Representative and the Secretary shall serve, ex officio and without vote, as additional mem- bers of the Board of Directors of the Export-Import Bank of the United States. SEC. 4. OVERSEAS PRIVATE INVESTMENT CORPORATION (a) The Trade Representative shall serve, ex officio, as an additional voting member of the Board of Direc- tors of the Overseas Private Investment Corporation. The Trade Representative shall be the Vice Chair of such Board. (b) There shall be an additional member of the Board of Directors of the Overseas Private Investment Cor- poration [now the United States International Develop- ment Finance Corporation] who shall be appointed by the President of the United States, by and with the ad- vice and consent of the Senate, and who shall not be an official or employee of the Government of the United States. Such Director shall be appointed for a term of no more than three years. SEC. 5. TRANSFER OF FUNCTIONS (a)(1) There are transferred to the Secretary all func- tions of the Secretary of the Treasury, the General Counsel of the Department of the Treasury, or the De- partment of the Treasury pursuant to the following: (A) section 305(b) of the Trade Agreements Act of 1979 (19 U.S.C. 2515(b)), to be exercised in consultation with the Secretary of the Treasury; (B) section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862); (C) section 303 and title VII (including section 771(1) [19 U.S.C. 1677(1)] of the Tariff Act of 1930 (19 U.S.C. 1303, 1671 et seq.), except that the Customs Service of the Department of the Treasury shall accept such de- posits, bonds, or other security as deemed appro- priate by the Secretary, shall assess and collect such duties as may be directed by the Secretary, and shall furnish such of its important records or copies there- of as may be requested by the Secretary incident to the functions transferred by this subparagraph; (D) sections 514, 515, and 516 of the Tariff Act of 1930 (19 U.S.C. 1514, 1515, and 1516) insofar as they relate to any protest, petition, or notice of desire to contest described in section 1002(b)(1) of the Trade Agree- ments Act of 1979 [19 U.S.C. 1516a note]; (E) with respect to the functions transferred by subparagraph (C) of this paragraph, section 318 of the Tariff Act of 1930 (19 U.S.C. 1318), to be exercised in consultation with the Secretary of the Treasury; (F) with respect to the functions transferred by subparagraph (C) of this paragraph, section 502(b) of the Tariff Act of 1930 (19 U.S.C. 1502(b)), and, insofar as it provides authority to issue regulations and dis- seminate information, to be exercised in consultation with the Secretary of the Treasury to the extent that the Secretary of the Treasury has responsibility under subparagraph (C), section 502(a) of such Act (19 U.S.C. 1502(a)); (G) with respect to the functions transferred by subparagraph (C) of this paragraph, section 617 of the Tariff Act of 1930 (19 U.S.C. 1617); and (H) section 2632(e) of title 28 of the United States Code, insofar as it relates to actions taken by the Secretary reviewable under section 516A of the Tariff Act of 1930 (19 U.S.C. 1516(a)) [19 U.S.C. 1516a]. (2) The Secretary shall consult with the Trade Rep- resentative regularly in exercising the functions trans- ferred by subparagraph (C) of paragraph (1) of this sub- section, and shall consult with the Trade Representa- tive regarding any substantive regulation proposed to be issued to enforce such functions. (b)(1) There are transferred to the Secretary all trade promotion and commercial functions of the Secretary of State or the Department of State that are— (A) performed in full-time overseas trade promotion and commercial positions; or (B) performed in such countries as the President may from time to time prescribe. (2) To carry out the functions transferred by para- graph (1) of this subsection, the President, to the ex- tent he deems it necessary, may authorize the Sec- retary to utilize Foreign Service personnel authorities and to exercise the functions vested in the Secretary of State by the Foreign Service Act of 1946 (22 U.S.C. 801 et seq.) [see 22 U.S.C. 3901 et seq.] and by any other laws with respect to personnel performing such functions. (c) There are transferred to the President all func- tions of the East-West Foreign Trade Board under sec- tion 411(c) of the Trade Act of 1974 (19 U.S.C. 2441(c)). (d) Appropriations available to the Department of State for Fiscal Year 1980 for representation of the United States concerning matters arising under the General Agreement on Tariffs and Trade and trade and commodity matters dealt with under the auspices of the United Nations Conference on Trade and Develop- ment are transferred to the Trade Representative. (e) There are transferred to the interagency organiza- tion established under section 242 of the Trade Expan- sion Act of 1962 (19 U.S.C. 1872) all functions of the East-West Foreign Trade Board under section 411(a) and (b) of the Trade Act of 1974 (19 U.S.C. 2441(a) and (b)). SEC. 6. ABOLITION The East-West Foreign Trade Board established under section 411 of the Trade Act of 1974 (19 U.S.C. 2441) is abolished. SEC. 7. RESPONSIBILITY OF THE SECRETARY OF STATE Nothing in this reorganization plan is intended to derogate from the responsibility of the Secretary of State for advising the President on foreign policy mat- ters, including the foreign policy aspects of inter- national trade and trade-related matters: SEC. 8. INCIDENTAL TRANSFERS; INTERIM OFFICERS (a) So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with the functions trans- ferred under this reorganization plan as the Director of the Office of Management and Budget shall determine shall be transferred to the appropriate agency, organi- zation, or component at such time or times as such Di- rector shall provide, except that no such unexpended balances transferred shall be used for purposes other Page 536 TITLE 19—CUSTOMS DUTIES § 2171 than those for which the appropriation originally was made. The Director of the Office of Management and Budget shall provide for terminating the affairs of any agency abolished herein and for such further measures and dispositions as such Director deems necessary to effectuate the purposes of the reorganization plan. (b) Pending the assumption of office by the initial of- ficers provided for in section 2 of this reorganization plan, the functions of each such office may be per- formed, for up to a total of 60 days, by such individuals as the President may designate. Any individual so des- ignated shall be compensated at the rate provided here- in for such position. SEC. 9. EFFECTIVE DATE The provisions of this reorganization plan shall take effect October 1, 1980, or at such earlier time or times as the President shall specify, but not sooner than the earliest time allowable under section 906 of title 5 of the United States Code. [Pursuant to Ex. Ord. 12175, Dec. 7, 1979, 44 F.R. 70705, section 2(b)(1) of this Reorg. Plan is effective Dec. 7, 1979]. [Pursuant to Ex. Ord. 12188, Jan. 2, 1980, 45 F.R. 989, sections 1, 2(a), (b)(2), (c), (d), 3, 4, 5(a), (b)(2), (c)–(e), 6–8 of this Reorg. Plan are effective Jan. 2, 1980, and sec- tion 5(b)(1) of this Reorg. Plan is effective Apr. 1, 1980]. MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 3 of 1979, to consolidate trade functions of the United States Government. I am acting under the authority vested in me by the Reorganization Act of 1977, chapter 9 of title 5 of the United States Code, and pursuant to section 1109 of the Trade Agreements Act of 1979 [19 U.S.C. 2111 note] which directs that I transmit to the Congress a proposal to restructure the international trade functions of the Executive branch. The goal of this reorganization is to improve the ca- pacity of the Government to strengthen the export per- formance of United States industry and to assure fair international trade practices, taking into account the interests of all elements of our economy. Recent developments, which have raised concern about the vitality of our international trade perform- ance, have focused much attention on the way our trade machinery is organized. These developments in- clude our negative trade balance, increasing depend- ence upon foreign oil, and international pressures on the dollar. New challenges, such as implementation of the Multilateral Trade Negotiation (MTN) agreements and trade with non-market economies, will further test our Government trade organization. We must be prepared to apply domestically the MTN codes on procurement, subsidies, standards, and cus- toms valuation. We also must monitor major imple- mentation measures abroad, reporting back to Amer- ican business on important developments and, where necessary, raising questions internationally about for- eign implementation. MTN will work—will open new markets for U.S. labor, farmers, and business—only if we have adequate procedures for aggressively moni- toring and enforcing it. We intend to meet our obliga- tions, and we expect others to do the same. The trade machinery we now have cannot do this job effectively. Although the Special Trade Representative (STR) takes the lead role in administering the trade agreements program, many issues are handled else- where and no agency has across-the-board leadership in trade. Aside from the Trade Representative and the Ex- port-Import Bank, trade is not the primary concern of any Executive branch agency where trade functions are located. The current arrangements lack a central au- thority capable of planning a coherent trade strategy and assuring its vigorous implementation. This reorganization is designed to correct such defi- ciencies and to prepare us for strong enforcement of the MTN codes. It aims to improve our export promotion activities so that United States exporters can take full advantage of trade opportunities in foreign markets. It provides for the timely and efficient administration of our unfair trade laws. It also establishes an efficient mechanism for shaping an effective, comprehensive United States trade policy. To achieve these objectives, I propose to place policy coordination and negotiation—those international trade functions that most require comprehensiveness, influence, and Government-wide perspective—in the Executive Office of the President. I propose to place operational and implementation responsibilities, which are staff-intensive, in line departments that have the requisite resources and knowledge of the major sectors of our economy to handle them. I have concluded that building our trade structure on STR and Commerce, re- spectively, best satisfies these considerations. I propose to enhance STR, to be renamed the Office of the United States Trade Representative, by central- izing in it international trade policy development, co- ordination and negotiation functions. The Commerce Department will become the focus of non-agricultural operational trade responsibilities by adding to its ex- isting duties those for commercial representation abroad, antidumping and countervailing duty cases, the non-agricultural aspects of MTN implementation, na- tional security investigations, and embargoes. THE UNITED STATES TRADE REPRESENTATIVE The Trade Representative, with the advice of the Trade Policy Committee, will be responsible for devel- oping and coordinating our international trade and di- rect investment policy, including the following areas: Import remedies.—The Trade Representative will exer- cise policy oversight of the application of import rem- edies, analyze long-term trends in import remedy cases and recommend any necessary legislative changes. For antidumping and countervailing duty matters, such co- ordination, to the extent legally permissible, will be di- rected toward the establishment of new precedents, ne- gotiation of assurances, and coordination with other trade matters, rather than case-by-case fact finding and determinations. East-West trade policy.—The Trade Representative will have lead responsibility for East-West trade negotia- tions and will coordinate East-West trade policy. The Trade Policy Committee will assume the responsibil- ities of the East-West Foreign Trade Board. International investment policy.—The Trade Represent- ative will have the policy lead regarding issues of di- rect foreign investment in the United States, direct in- vestment by Americans abroad, operations of multi- national enterprises, and multilateral agreements on international investment, insofar as such issues relate to international trade. International commodity policy.—The Trade Represent- ative will assume responsibility for commodity nego- tiations and also will coordinate commodity policy. Energy trade.—While the Departments of Energy and State will continue to share responsibility for inter- national energy issues, the Trade Representative will coordinate energy trade matters. The Department of Energy will become a member of the TPC. Export-expansion policy.—To ensure a vigorous and co- ordinated Government-wide export expansion effort, policy oversight of our export expansion activities will be the responsibility of the Trade Representative. The Trade Representative will have the lead role in bilateral and multilateral trade, commodity, and direct investment negotiations. The Trade Representative will represent the United States in General Agreement on Tariffs and Trade (GATT) matters. Since the GATT will be the principal international forum for imple- menting and interpreting the MTN agreements and since GATT meetings, including committee and work- ing group meetings, occur almost continuously, the Trade Representative will have a limited number of permanent staff in Geneva. In some cases, it may be necessary to assign a small number of USTR staff abroad to assist in oversight of MTN enforcement. In Page 537 TITLE 19—CUSTOMS DUTIES § 2171 this event, appropriate positions will be authorized. In recognition of the responsibility of the Secretary of State regarding our foreign policy, the activities of overseas personnel of the Trade Representative and the Commerce Department will be fully coordinated with other elements of our diplomatic missions. In addition to his role with regard to GATT matters, the Trade Representative will have the lead responsi- bility for trade and commodity matters considered in the Organization for Economic Cooperation and Devel- opment (OECD) and the United Nations Conference on Trade and Development (UNCTAD) when such matters are the primary issues under negotiation. Because of the Secretary of State’s foreign policy responsibilities, and the responsibilities of the Director of the Inter- national Development Cooperation Agency as the President’s principal advisor on development, the Trade Representative will exercise his OECD and UNCTAD responsibilities in close cooperation with these officials. To ensure that all trade negotiations are handled consistently and that our negotiating leverage is em- ployed to the maximum, the Trade Representative will manage the negotiation of particular issues. Where ap- propriate, the Trade Representative may delegate re- sponsibility for negotiations to other agencies with ex- pertise on the issues under consideration. He will co- ordinate the operational aspects of negotiations through a Trade Negotiating Committee, chaired by the Trade Representative and including the Depart- ments of Commerce, State, Treasury, Agriculture and Labor. The Trade Representative will be concerned not only with ongoing negotiations and coordination of specific, immediate issues, but also—very importantly—with the development of long-term United States trade strategies and policies. He will oversee implementation of the MTN agreements, and will advise the President on the effects of other Government policies (e.g., anti- trust, taxation) on U.S. trade. In order to participate more fully in oversight of international investment and export financing activities, the Trade Representative will become a member of the National Advisory Coun- cil on International Monetary and Financial Policies and the Boards of the Export-Import Bank and the Overseas Private Investment Corporation [now the United States International Development Finance Cor- poration]. In performing these functions, the Trade Representa- tive will act as the principal trade spokesman of the President. To assure that our trade policies take into account the broadest range of perspectives, the Trade Representative will consult with the Trade Policy Committee, whose mandate and membership will be ex- panded. The Trade Representative will, as appropriate, invite agencies such as the Export-Import Bank and the Overseas Private Investment Corporation to par- ticipate in TPC meetings in addition to the permanent TPC members. When different departmental views on trade matters exist within the TPC as will be the case from time to time in this complex policy area, I will expect the Trade Representative to resolve policy dis- agreements in his best judgment, subject to appeal to the President. THE DEPARTMENT OF COMMERCE The Department of Commerce, under this proposal, will become the focal point of operational responsibil- ities in the non-agricultural trade area. My reorganiza- tion plan will transfer to the Commerce Department important responsibilities for administration of coun- tervailing and antidumping matters, foreign commer- cial representation, and MTN implementation support. Consolidating these trade functions in the Department of Commerce builds upon an agency with extensive trade experience. The Department will retain its oper- ational responsibilities in such areas as export con- trols, East-West trade, trade adjustment assistance to firms and communities, trade policy analysis, and mon- itoring foreign compliance with trade agreements. The Department will be substantially reorganized to con- solidate and reshape its trade functions under an Under Secretary for International Trade. With this reorganization, trade functions will be strengthened within the Department of Commerce, and such related efforts in the Department as improvement of industrial innovation and the productivity, encour- aging local and regional economic development, and sectoral analysis, will be closely linked to an aggres- sive trade program. Fostering the international com- petitiveness of American industry will become the principal mission of the Department of Commerce. Import remedies I propose to transfer to the Department of Commerce responsibility for administration of the countervailing duty and antidumping statutes. This function will be performed efficiently and effectively in an organiza- tional setting where trade is the primary mission. This activity will be directed by a new Assistant Secretary for Trade Administration, subject to Senate confirma- tion. Although the plan permits its provisions to take effect as late as October 1, 1980, I intend to make this transfer effective by January 1, 1980, so that it will occur as the new MTN codes take effect. Commerce will continue its supportive role in the staffing of other un- fair trade practice issues, such as cases arising under section 301 of the Trade Act of 1974 [19 U.S.C. 2411]. Commercial representation This reorganization plan will transfer to the Depart- ment of Commerce responsibility for commercial rep- resentation abroad. This transfer would place both do- mestic and overseas export promotion activities under a single organization, directed by an Assistant Sec- retary for Export Development, charged with aggres- sively expanding U.S. export opportunities. Placing this Foreign Commercial Service in the Commerce De- partment will allow commercial officers to concentrate on the promotion of U.S. exports as their principal ac- tivity. Initially, the transfer of commercial representation from State to Commerce will involve all full-time over- seas trade promotion and commercial positions (ap- proximately 162), responsibility for this function in the countries (approximately 60) to which these individuals are assigned, and the associated foreign national em- ployees in those countries. Over time, the Department of Commerce undoubtedly will review the deployment of commercial officers in light of changing trade cir- cumstances and propose extensions or alterations of coverage of the Foreign Commercial Service. MTN implementation I am dedicated to the aggressive implementation of the Multilateral Trade Agreements. The United States must seize the opportunities and enforce the obliga- tions created by these agreements. Under this proposal, the Department of Commerce will assign high priority to this task. The Department of Commerce will be re- sponsible for the day-to-day implementation of non-ag- ricultural aspects of the MTN agreements. Manage- ment of this function will be a principal assignment of an Assistant Secretary for Trade Policy and Programs. Implementation activities will include: monitoring agreements and targeting problems for consultation and negotiation; operating a Trade Complaint Center where the private sector can receive advice as to the recourse and remedies available; aiding in the settlement of disputes, including staffing of formal complaint cases; identifying problem areas for consideration by the Trade Representative and the Trade Policy Committee; educational and promotion programs regarding the provisions of the agreements and the processes for dealing with problems that arise; providing American business with basic informa- tion on foreign laws, regulations and procedures; consultations with private sector advisory com- mittees; and Page 538 TITLE 19—CUSTOMS DUTIES § 2171 general analytical support. These responsibilities will be handled by a unit built around the staff from Commerce that provided essen- tial analytical support to STR throughout the MTN ne- gotiation process. Building implementation of MTN around this core group will assure that the govern- ment’s institutional memory and expertise on MTN is most effectively devoted to the challenge ahead. When American business needs information or encounters problems in the MTN area, it can turn to the Depart- ment of Commerce for knowledgeable assistance. Matching the increased importance of trade in the Department’s mission will be a much strengthened trade organization within the Department. By creating a number of new senior level positions in the Depart- ment, we will ensure that trade policy implementation receives the kind of day-to-day top management atten- tion that it both demands and requires. With its new responsibilities and resources, the De- partment of Commerce will become a key participant in the formulation of our trade policies. Much of the analysis in support of trade policy formulation will be conducted by the Department of Commerce, which will be close to the operational aspects of the problems that raise policy issues. To succeed in global competition, we must have a better understanding of the problems and prospects of U.S. industry, particularly in relation to the growing strength of industries abroad. This is the key reason why we will upgrade sectoral analysis capabilities throughout the Department of Commerce, including the creation of a new Bureau of Industrial Analysis. Commerce, with its ability to link trade to policies af- fecting industry, is uniquely suited to serve as the prin- cipal technical expert within the Government on spe- cial industry sector problems requiring international consultation, as well as to provide industry-specific in- formation on how tax, regulatory and other Govern- ment policies affect the international competitiveness of the U.S. industries. Commerce will also expand its traditional trade pol- icy focus on industrial issues to deal with the inter- national trade and investment problems of our growing services sector. Under the proposal, there will be com- prehensive service industry representation in our in- dustry advisory process, as well as a continuing effort to bring services under international discipline. I ex- pect the Commerce Department to play a major role in developing new service sector initiatives for consider- ation within the Government. After an investigation lasting over a year, I have found that this reorganization is necessary to carry out the policy set forth in section 901(a) of title 5 of the United States Code. As described above, this reorga- nization will increase significantly our ability to im- plement the MTN agreements efficiently and effec- tively and will improve greatly the services of the gov- ernment with regard to export development. These im- provements will be achieved with no increase in per- sonnel or expenditures, except for an annual expense of about $300,000 for the salaries and clerical support of the three additional senior Commerce Department offi- cials and a non-recurring expense of approximately $600,000 in connection with the transfers of functions provided in the plan. I find that the reorganization made by this plan makes necessary the provisions for the appointment and pay of a Deputy Secretary, an Under Secretary for International Trade, and two addi- tional Assistant Secretaries of the Department of Com- merce, and additional members of the Boards of Direc- tors of the Export-Import Bank and the Overseas Pri- vate Investment Corporation [now the United States International Development Finance Corporation]. It is indeed appropriate that this proposal follows so soon after the overwhelming approval by the Congress of the Trade Agreements Act of 1979 [19 U.S.C. 2501 et seq.], for it will sharpen and unify trade policy direc- tion, improve the efficiency of trade law enforcement, and enable us to negotiate abroad from a position of strength. The extensive discussions between Adminis- tration officials and the Congress on this plan have been a model of the kind of cooperation that can exist between the two branches. I look forward to our further cooperation in successfully implementing both this re- organization proposal and the MTN agreements. JIMMY CARTER. THE WHITE HOUSE, September 25, 1979. EXECUTIVE ORDER NO. 11143 Ex. Ord. No. 11143, Mar. 2, 1963, 29 F.R. 3127, as amend- ed by Ex. Ord. No. 11159, June 23, 1964, 29 F.R. 8137, for- merly set out under section 1871 of this title, which es- tablished the Public Advisory Committee for Trade Ex- pansion, was revoked by Ex. Ord. No. 11425, Aug. 30, 1968, 33 F.R. 12363, set out below. EXECUTIVE ORDER NO. 11425 Ex. Ord. No. 11425, Aug. 30, 1968, 33 F.R. 12363, for- merly set out under section 1871 of this title, which di- rected the Special Representative for Trade Negotia- tions (established by Ex. Ord. No. 11075, Jan. 15, 1963, 28 F.R. 473) to conduct a long range study of United States foreign trade policy and to consider the views of Con- gress, the Public Advisory Committee on Trade Policy, and other federal agencies; established the Public Advi- sory Committee on Trade Policy for purposes of this study; and abolished the Public Advisory Committee for Trade Negotiations; was omitted in view of the rev- ocation of Ex. Ord. No. 11075 by Ex. Ord. No. 11846, Mar. 27, 1975, 40 F.R. 14291, set out under section 2111 of this title, and in view of the abolition of the Office of Spe- cial Representative for Trade Negotiations (as estab- lished under Ex. Ord. No. 11075) by section 2171(g) of this title. EX. ORD. NO. 12175. EFFECTIVE DATE OF SECTION 2(b)(1) OF REORGANIZATION PLAN NO. 3 OF 1979 RESPECTING REORGANIZATION OF FUNCTIONS RELATING TO INTER- NATIONAL TRADE Ex. Ord. No. 12175, Dec. 7, 1979, 44 F.R. 70703, provided: By the authority vested in me as President of the United States of America by Section 9 of Reorganiza- tion Plan No. 3 of 1979 (transmitted to the Congress on September 25, 1979) [set out as a note above], the time period prescribed by Section 906 of Title 5 of the United States Code having elapsed without the adoption of a resolution of disapproval by either House of Congress, it is hereby ordered that Section 2(b)(1) of that Plan, establishing the Office of Deputy Secretary of Com- merce, is effective immediately. JIMMY CARTER. EX. ORD. NO. 12188. FUNCTIONS RELATING TO INTERNATIONAL TRADE Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989, as amended by Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13968; Ex. Ord. No. 13118, § 10(6), Mar. 31, 1999, 64 F.R. 16598; Ex. Ord. No. 13286, § 50, Feb. 28, 2003, 68 F.R. 10628, provided: By the authority vested in me by the Trade Agree- ments Act of 1979 [see 19 U.S.C. 2501], the Trade Act of 1974 [this chapter], the Trade Expansion Act of 1962 [see Short Title note set out under section 1801 of this title], section 350 of the Tariff Act of 1930 [19 U.S.C. 1351], Reorganization Plan No. 3 of 1979 [set out as a note above], and section 301 of title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows: SECTION 1–101. The United States Trade Representative. (a) Except as may be otherwise expressly provided by law, the United States Trade Representative (herein- after referred to as the ‘‘Trade Representative’’) shall be chief representative of the United States for: (1) all activities of, or under the auspices of, the General Agreement on Tariffs and Trade; (2) discussions, meetings, and negotiations in the Organization for Economic Cooperation and Develop- ment when trade or commodity issues are the pri- mary issues under consideration; Page 539 TITLE 19—CUSTOMS DUTIES § 2171 (3) negotiations in the United Nations Conference on Trade and Development and other multilateral in- stitutions when trade or commodity issues are the primary issues under consideration; (4) other bilateral or multilateral negotiations when trade, including East-West trade, or commod- ities is the primary issue under consideration; (5) negotiations under sections 704 and 734 of the Tariff Act of 1930 (19 U.S.C. 1671c and 1673c); and (6) negotiations concerning direct investment in- centives and disincentives and bilateral investment issues concerning barriers to investment. For purposes of this subsection, the term ‘‘negotia- tions’’ includes discussions and meetings with foreign governments and instrumentalities primarily con- cerning preparations for formal negotiations and poli- cies regarding implementation of agreements resulting from such negotiations. (b) The Trade Representative, in consultation with the Trade Negotiating Committee, shall invite such members of the Trade Negotiating Committee and rep- resentatives of other departments or agencies as may be appropriate to participate in the negotiations and other activities listed in subsection (a). (c) The Trade Representative, in consultation with the Trade Negotiating Committee, may delegate to any member of the Trade Negotiating Committee, or to any other appropriate department or agency, primary re- sponsibility for representing the United States in any of the negotiations and other activities set forth in subsection (a). (d) The Trade Representative, or any department or agency to which responsibility for representing the United States in a negotiation or other activity has been delegated pursuant to subsection (c), shall consult with the Trade Policy Committee and with any affected regulatory agencies on the policy issues arising in con- nection with the negotiations and other activities list- ed in subsection (a). SEC. 1–102. The Trade Policy Committee. (a) As provided by section 242 of the Trade Expansion Act of 1962 (19 U.S.C. 1872), the Trade Policy Committee (hereinafter referred to as the ‘‘Committee’’) is contin- ued. The Committee shall have the functions specified by law or by the President, including those specified in section 1(b)(3) of Reorganization Plan No. 3 of 1979 [set out as a note above]. (b) The Committee shall be composed of the fol- lowing: (1) The Trade Representative, who shall be Chair (2) The Secretary of Commerce, who shall be Vice Chair (3) The Secretary of State (4) The Secretary of the Treasury (5) The Secretary of Defense (6) The Attorney General (7) The Secretary of the Interior (8) The Secretary of Agriculture (9) The Secretary of Labor (10) The Secretary of Transportation (11) The Secretary of Energy (12) The Secretary of Homeland Security (13) The Director of the Office of Management and Budget (14) The Chairman of the Council of Economic Ad- visers (15) The Assistant to the President for National Se- curity Affairs (16) The Administrator of the United States Agency for International Development. The Chair and any member of the Committee may designate a subordinate officer whose status is not below that of an Assistant Secretary to serve in his stead when he is unable to attend any meetings of the Committee. The Chair may invite representatives from other agencies to attend the meetings of the Com- mittee. (c)(1) There is established, as a subcommittee of the Committee, a Trade Negotiating Committee which shall advise the Trade Representative on the manage- ment of negotiations referred to in section 1–101(a) of this order. The members of such subcommittee shall be the Trade Representative (Chair), the Secretary of State, the Secretary of the Treasury, the Secretary of Agriculture, the Secretary of Commerce, and the Sec- retary of Labor. (2) The Trade Representative, with the advice of the Committee, may create additional subcommittees thereof. (d) In advising the President on international trade and related matters, the Trade Representative shall take into account and reflect the views of the members of the Committee and of other interested agencies. SEC. 1–103. Delegation of Functions. (a) The function vested in the President by section 412(b) of the Trade Agreements Act of 1979 (19 U.S.C. 2542(b)) is delegated to the Secretary of Commerce with regard to the technical office established under section 412(a)(1) of such Act [19 U.S.C. 2542(a)(1)] and to the Sec- retary of Agriculture with regard to the technical of- fice established under section 412(a)(2) of such Act [19 U.S.C. 2542(a)(2)]. In prescribing the functions of each technical office, the Secretary concerned shall consult with the Trade Representative and with all affected regulatory agencies. The functions delegated by this section shall be exercised in coordination with the Trade Representative. (b) The functions of the President under sections 2(b) and 303 of the Trade Agreements Act of 1979 (19 U.S.C. 2503(b) and 2513) and section 701(b) of the Tariff Act of 1930 (19 U.S.C. 1671(b)) are delegated to the Trade Rep- resentative, who shall exercise such authority with the advice of the Trade Policy Committee. SEC. 1–104. Authority Under the Foreign Service Act and Related Laws. (a) The Secretary of Commerce (hereinafter referred to as the ‘‘Secretary’’) is authorized to establish a For- eign Commercial Service in the Department of Com- merce, and a category of career officers of the Foreign Commercial Service to be known as Foreign Commer- cial Officers. For purposes of the utilization by the Sec- retary of the authorities granted to the Secretary under this section, the terms ‘‘Foreign Service’’ and ‘‘Foreign Service Officer’’ shall be construed to mean ‘‘Foreign Commercial Service’’ and ‘‘Foreign Commer- cial Officer,’’ respectively. (b) [Revoked by Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13968.] (c) The Board of the Foreign Service and the Board of Examiners for the Foreign Service established by Exec- utive Order 11264 of December 31, 1965, as amended [22 U.S.C. 826 note], shall exercise with respect to Foreign Service personnel of the Department of Commerce the functions delegated to them by that order with respect to Foreign Service personnel of the Department of State. The Boards shall perform such additional func- tions with respect to Foreign Service personnel of the Department of Commerce as the Secretary may from time to time delegate or otherwise assign, consistent with the functions of such boards. SEC. 1–105. Prior Executive Orders and Determination. (a) Section 1(b) of Executive Order 11269 of February 14, 1966, as amended [22 U.S.C. 286b note], is amended by adding ‘‘the United States Trade Representative,’’ after ‘‘the Secretary of State,’’. (b)(1) Section 1 of Executive Order 11539 of June 30, 1970 [7 U.S.C. 1854 note], is amended to read as follows: ‘‘Section 1. The United States Trade Representative, with the concurrence of the Secretary of Agriculture and the Secretary of State, is authorized to negotiate bilateral agreements with representatives of govern- ments of foreign countries limiting the export from the respective countries and the importation into the United States of— ‘‘(1) fresh, chilled, or frozen cattle meat, ‘‘(2) fresh, chilled, or frozen meat of goats and sheep (except lambs), and ‘‘(3) prepared and preserved beef and veal (except sau- sage) if articles are prepared, whether fresh, chilled, or frozen, but not otherwise preserved, that are the prod- ucts of such countries.’’. Page 540 TITLE 19—CUSTOMS DUTIES § 2171 (2) Section 4 of such order is amended by striking out ‘‘the Secretary of State’’ and inserting in lieu thereof ‘‘the United States Trade Representative’’. (c) The last sentence of section 1(a) of Executive Order 11651 of March 3, 1972, as amended [7 U.S.C. 1854 note] is amended to read as follows: ‘‘The United States Trade Representative, or his designee, also shall be a member of the Committee.’’. (d) The first sentence of section 3 of Executive Order 11703 of February 7, 1973 [19 U.S.C. 1862 note], is amend- ed to read as follows: ‘‘The Oil Policy Committee shall henceforth consist of the United States Trade Rep- resentative, chair, and the Secretaries of State, Treas- ury, Defense, the Interior, Commerce and Energy, the Attorney General, and the Chairman of the Council of Economic Advisers, as members.’’. (e) Sections 2(b) and 3(a), the first sentence of section 3(c), and sections 3(e), 3(f), and 6 of Executive Order 11846 of March 27, 1975, as amended [19 U.S.C. 2111 note], are revoked. (f)(1) Section 1(a)(5) of Executive Order 11858 of May 7, 1975 [50 U.S.C. 4565 note], is amended to read: ‘‘(5) The United States Trade Representative’’. (2) Section 1(a)(6) of such order is amended to read: ‘‘(6) The Chairman of the Council of Economic Advis- ers’’. (g) Executive Order 12096 of November 2, 1978, is re- voked. (h) The last paragraph of the Presidential Determina- tion Regarding the Acceptance and Application of Cer- tain International Trade Agreements (dated December 14, 1979) (44 FR 74781, at 74784; December 18, 1979) [19 U.S.C. 2503 note], delegating functions under section 2(b) of the Trade Agreements Act of 1979 [19 U.S.C. 2503(b)] and section 701(b) of the Tariff Act of 1930 [19 U.S.C. 1671b], is revoked. (i) Any reference to the Office of the Special Rep- resentative for Trade Negotiations or to the Special Representative for Trade Negotiations in any Execu- tive order, Proclamation, or other document shall be deemed to refer to the Office of the United States Trade Representative or to the United States Trade Rep- resentative, respectively. SEC. 1–106. Incidental Transfers and Reassignments. So much of the personnel, property, records, and un- expended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with functions trans- ferred or reassigned by the provisions of this order as the Director of the Office of Management and Budget shall determine shall be transferred or reassigned for use in connection with such functions. SEC. 1–107. Effective Dates. (a) Sections 1, 2(a), 2(b)(2), 2(c), 2(d), 3, 4, 5(a), 5(b)(2), 5(c) through (e), and 6 through 8 of Reorganization Plan No. 3 of 1979 [set out as a note above] and the provisions of this order, shall take effect as of January 2, 1980. (b) Section 5(b)(1) of such plan [set out as a note above] shall take effect as of April 1, 1980. EX. ORD. NO. 13601. ESTABLISHMENT OF THE INTERAGENCY TRADE ENFORCEMENT CENTER Ex. Ord. No. 13601, Feb. 28, 2012, 77 F.R. 12981, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to advance U.S. foreign policy and protect the national and economic security of the United States through strengthened and coordinated enforcement of U.S. trade rights under international trade agreements and enforcement of domestic trade laws, it is hereby ordered as follows: SECTION 1. Policy. Robust monitoring and enforce- ment of U.S. rights under international trade agree- ments, and enforcement of domestic trade laws, are crucial to expanding exports and ensuring U.S. work- ers, businesses, ranchers, and farmers are able to com- pete on a level playing field with foreign trade part- ners. To strengthen our capacity to monitor and en- force U.S. trade rights and domestic trade laws, and thereby enhance market access for U.S. exporters, ex- ecutive departments and agencies (agencies) must co- ordinate and augment their efforts to identify and re- duce or eliminate foreign trade barriers and unfair for- eign trade practices to ensure that U.S. workers, busi- nesses, ranchers, and farmers receive the maximum benefit from our international trade agreements and under domestic trade laws. SEC. 2. Establishment. (a) There is established within the Office of the United States Trade Representative (USTR) an Interagency Trade Enforcement Center (Center). (b) The Center shall coordinate matters relating to enforcement of U.S. trade rights under international trade agreements and enforcement of domestic trade laws among USTR and the following agencies: (i) the Department of State; (ii) the Department of the Treasury; (iii) the Department of Justice; (iv) the Department of Agriculture; (v) the Department of Commerce; (vi) the Department of Homeland Security; (vii) the Office of the Director of National Intel- ligence; and (viii) other agencies as the President, or the United States Trade Representative, may designate. In matters relating to the enforcement of U.S. trade rights involving intellectual property rights, the Cen- ter shall consult with the Intellectual Property En- forcement Coordinator. (c) The Center shall have a Director, who shall be a full-time senior-level official of USTR, designated by and reporting to the United States Trade Representa- tive. The Center shall have a Deputy Director, who shall be a full-time senior-level official of the Depart- ment of Commerce, designated by the Secretary of Commerce, detailed to the Center and reporting to the Director. The Center shall also have an Intelligence Community Liaison, who shall be a full-time senior- level official of the Federal Government recommended by the Director of National Intelligence and designated by his or her agency, as applicable, to be detailed or as- signed to the Center. (d) To the extent permitted by law and subject to the availability of appropriations, and in consultation with the Director of the Center, agencies enumerated in sub- section (b) of this section, and others in the Intel- ligence Community recommended by the Director of National Intelligence, are encouraged to detail or as- sign their employees to the Center without reimburse- ment to support the mission and functions of the Cen- ter as described in section 3 of this order. SEC. 3. Mission and Functions. The Center shall: (a) serve as the primary forum within the Federal Government for USTR and other agencies to coordinate enforcement of U.S. trade rights under international trade agreements and enforcement of domestic trade laws; (b) coordinate among USTR, other agencies with trade related responsibilities, and the U.S. Intelligence Community the exchange of information related to po- tential violations of international trade agreements by our foreign trade partners; and (c) conduct outreach to U.S. workers, businesses, and other interested persons to foster greater participation in the identification and reduction or elimination of foreign trade barriers and unfair foreign trade prac- tices. SEC. 4. Administration. (a) Funding and administrative support for the Center shall be provided by USTR to the extent permitted by law and subject to the avail- ability of appropriations. (b) The United States Trade Representative, through the Director of the Center, shall direct the work of the Center in performing all of its functions under this order. SEC. 5. Definitions. For the purposes of this order: (a) the term ‘‘U.S. trade rights’’ means any right, benefit or advantage to which the United States is enti- tled under an international trade agreement and that Page 541 TITLE 19—CUSTOMS DUTIES § 2171 could be effectuated through the use of a dispute settle- ment proceeding. (b) the term ‘‘domestic trade laws’’ means any trade remedies available under U.S. law, including, but not limited to, sections 201, 301, 406, and 421 of the Trade Act of 1974, as amended (19 U.S.C. 2251, 2411, 2436, and 2451); sections 332 and 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1332 and 1337); section 281 of the Uruguay Round Agreements Act (19 U.S.C. 3571); and self-initiation of investigations under Title VII of the Tariff Act of 1930 (19 U.S.C. 1671 [et seq.]). SEC. 6. General Provisions. (a) This order shall be im- plemented consistent with applicable law and subject to the availability of appropriations. (b) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law, regulation, Executive Order, or Presidential Directive to an executive depart- ment, agency, or head thereof; or (ii) functions of the Director of the Office of Manage- ment and Budget relating to budgetary, administra- tive, or legislative proposals. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. REFORMING DEVELOPING-COUNTRY STATUS IN THE WORLD TRADE ORGANIZATION Memorandum of President of the United States, July 26, 2019, 84 F.R. 37555, provided: Memorandum for the United States Trade Represent- ative By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby directed as follows: SECTION 1. Policy. The World Trade Organization (WTO) was created to spur economic growth and raise standards of living by establishing international trade rules premised on principles of transparency, openness, and predictability. Although economic tides have risen worldwide since the WTO’s inception in 1995, the WTO continues to rest on an outdated dichotomy between developed and developing countries that has allowed some WTO Members to gain unfair advantages in the international trade arena. Nearly two-thirds of WTO Members have been able to avail themselves of special treatment and to take on weaker commitments under the WTO framework by designating themselves as de- veloping countries. While some developing-country des- ignations are proper, many are patently unsupportable in light of current economic circumstances. For exam- ple, 7 out of the 10 wealthiest economies in the world as measured by Gross Domestic Product per capita on a purchasing-power parity basis—Brunei, Hong Kong, Kuwait, Macao, Qatar, Singapore, and the United Arab Emirates—currently claim developing-country status. Mexico, South Korea, and Turkey—members of both the G20 and the Organization for Economic Cooperation and Development (OECD)—also claim this status. When the wealthiest economies claim developing- country status, they harm not only other developed economies but also economies that truly require spe- cial and differential treatment. Such disregard for ad- herence to WTO rules, including the likely disregard of any future rules, cannot continue to go unchecked. China most dramatically illustrates the point. Since joining the WTO in 2001, China has continued to insist that it is a developing country and thus has the right to avail itself of flexibilities under any new WTO rules. The United States has never accepted China’s claim to developing-country status, and virtually every current economic indicator belies China’s claim. After years of explosive growth, China has the second largest Gross Domestic Product in the world, behind only the United States. China accounts for nearly 13 percent of total global exports of goods, while its global share of such exports jumped five-fold between 1995 and 2017. It has been the largest global exporter of goods each year since 2009. Further, China’s preeminent status in ex- ports is not limited to goods from low-wage manufac- turing sectors. China currently ranks first in the world for exports of high-technology products, with such ex- ports alone increasing by 3,800 percent between 1995 and 2016. Other economic figures tell a similar story. Valued at nearly $1.5 trillion, China’s outbound foreign direct in- vestment (FDI) exceeds that of 32 of 36 OECD countries, while its inbound FDI of nearly $2.9 trillion exceeds all but one OECD country. China is home to 120 of the world’s 500 largest companies, and its defense expendi- tures and total number of satellites in space are second only to those of the United States. Notwithstanding these facts and other evidence of economic vibrancy, China and too many other coun- tries have continued to style themselves as developing countries, allowing them to enjoy the benefits that come with that status and seek weaker commitments than those made by other WTO Members. These coun- tries claim entitlement to longer timeframes for the imposition of safeguards, generous transition periods, softer tariff cuts, procedural advantages for WTO dis- putes, and the ability to avail themselves of certain ex- port subsidies—all at the expense of other WTO Mem- bers. These countries have also consistently sought weaker commitments than other WTO Members in on- going negotiations, which has significantly stymied progress. Moreover, many of the world’s most advanced economies have used developing-country status as an excuse not to comply with the most basic notification requirements under WTO rules, depriving United States traders of vital trade data. The status quo cannot con- tinue. The WTO is in desperate need of reform, without which the WTO will be unable to address the needs of workers and businesses or the challenges posed by the modern global economy. The United States is also pressing for critical reforms in other multilateral international organizations to help ensure that those organizations recognize the economic development of their members and can work within their mandates to address important challenges. The need to reform international economic institutions is not just a chal- lenge for the United States but for all countries that participate in the global marketplace. With respect to the WTO, there is no hope of progress in resolving this challenge until the world’s most ad- vanced economies are prepared to take on the full com- mitments associated with WTO membership. To help ensure that those countries live up to their commit- ments, it shall be the policy of the United States to make trade more free, fair, and reciprocal by devoting all necessary resources toward changing the WTO ap- proach to developing-country status such that ad- vanced economies can no longer avail themselves of un- warranted benefits despite abundant evidence of eco- nomic strength. SEC. 2. Changing the WTO Approach to Flexibilities As- sociated with Developing-Country Status. (a) To advance the policy set forth in section 1 of this memorandum, the United States Trade Representative (USTR) shall, as appropriate and consistent with applicable law, use all available means to secure changes at the WTO that would prevent self-declared developing countries from availing themselves of flexibilities in WTO rules and negotiations that are not justified by appropriate eco- nomic and other indicators. Where appropriate and con- sistent with law, the USTR shall pursue this action in cooperation with other like-minded WTO Members. (b) Within 60 days of the date of this memorandum [July 26, 2019], the USTR shall update the President on his progress under subsection (a) of this section. SEC. 3. Ending Unfair Trade Benefits. (a) If, within 90 days of the date of this memorandum, the USTR deter- mines that substantial progress has not been made to- ward achieving the changes described in section 2 of this memorandum, the USTR shall, as appropriate and to the extent consistent with law: Page 542 TITLE 19—CUSTOMS DUTIES § 2191 (i) no longer treat as a developing country for the purposes of the WTO any WTO Member that in the USTR’s judgment is improperly declaring itself a devel- oping country and inappropriately seeking the benefit of flexibilities in WTO rules and negotiations; and (ii) where relevant, not support any such country’s membership in the OECD. (b) Before taking any action under subsection (a) of this section, the USTR shall: (i) consult with the Trade Policy Committee estab- lished under section 242 of the Trade Expansion Act of 1962 (19 U.S.C. 1872); (ii) consult with the National Security Council and the National Economic Council as to the advisability of interagency coordination through the process described in National Security Presidential Memorandum–4 of April 4, 2017 (Organization of the National Security Council, the Homeland Security Council, and Sub- committees) [50 U.S.C. 3021 note], or any successor doc- ument; and (iii) consider the WTO Member’s involvement in glob- al trade, membership in key economic decision-making groups, placement within relative economic and other indicators, and any other factors the USTR deems ap- propriate. (c) The USTR shall publish on its website a list of all self-declared developing countries that the USTR be- lieves are inappropriately seeking the benefit of devel- oping-country flexibilities in WTO rules and negotia- tions. SEC. 4. Publication. The USTR is authorized and di- rected to publish this memorandum in the Federal Reg- ister. DONALD J. TRUMP. PART 5—CONGRESSIONAL PROCEDURES WITH RESPECT TO PRESIDENTIAL ACTIONS § 2191. Bills implementing trade agreements on nontariff barriers and resolutions approving commercial agreements with Communist countries (a) Rules of House of Representatives and Senate This section and sections 2192 and 2193 of this title 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 applicable only with respect to the proce- dure 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 de- scribed in subsection (b)(3), and resolutions de- scribed in sections 2192(a) and 2193(a) of this title; and they supersede other rules only to the extent that they are inconsistent there- with; and (2) with full recognition of the constitu- tional right of either House to change the rules (so far as relating to the procedure of that 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, or with respect to an extension described in section 3572(c)(3) of this title, submitted to the House of Representatives and the Senate under section 2112 of this title, section 3572 of this title, or section 4205(a)(1) of this title and which contains— (A) a provision approving such trade agree- ment or agreements or such extension, (B) a provision approving the statement of administrative action (if any) proposed to implement such trade agreement or agree- ments, and (C) if changes in existing laws or new stat- utory authority is required to implement such trade agreement or agreements or such extension, provisions, necessary or appro- priate to implement such trade agreement or agreements or such extension, either re- pealing or amending existing laws or pro- viding new statutory authority. (2) The term ‘‘implementing revenue bill or resolution’’ means an implementing bill, or approval resolution, which contains one or more revenue measures by reason of which it must originate in the House of Representa- tives. (3) The term ‘‘approval resolution’’ means only a joint resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: ‘‘That the Con- gress approves the extension of nondiscrim- inatory treatment with respect to the prod- ucts of llll transmitted by the President to the Congress on llll.’’, the first blank space being filled with the name of the coun- try involved and the second blank space being filled with the appropriate date. (c) Introduction and referral (1) On the day on which a trade agreement or extension is submitted to the House of Rep- resentatives and the Senate under section 2112 of this title, section 3572 of this title, or section 4205(a)(1) of this title, the implementing bill sub- mitted by the President with respect to such trade agreement or extension shall be intro- duced (by request) in the House by the majority leader of the House, for himself and the minor- ity leader of the House, or by Members of the House designated by the majority leader and mi- nority leader of the House; and shall be intro- duced (by request) in the Senate by the majority leader of the Senate, for himself and the minor- ity 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 or extension is submitted, the imple- menting 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 Pre- siding 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 com- mittees for consideration of those provisions within their respective jurisdictions. (2) On the day on which a bilateral commercial agreement, entered into under subchapter IV of this chapter after January 3, 1975, is transmitted to the House of Representatives and the Senate, an approval resolution with respect to such