TRADE ACT OF 1974 [Public Law 93–618, as amended] [As

TRADE ACT OF 1974

[Public Law 93–618, as amended]

[As Amended Through P.L. 118–31, Enacted December 22, 2023]

øCurrency: This publication is a compilation of the text of Public Law 93-618. It was

last amended by the public law listed in the As Amended Through note above and

below at the bottom of each page of the pdf version and reflects current law

through the date of the enactment of the public law listed at https://

www.govinfo.gov/app/collection/comps/¿

øNote: While this publication does not represent an official version of any Federal

statute, substantial efforts have been made to ensure the accuracy of its contents.

The official version of Federal law is found in the United States Statutes at Large

and in the United States Code. The legal effect to be given to the Statutes at

Large and the United States Code is established by statute (1 U.S.C. 112, 204).¿

AN ACT To promote the development of an open, nondiscriminatory, and fair world

economic system, to stimulate fair and free competition between the United States

and foreign nations, to foster the economic growth of, and full employment in, the

United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, That this Act,

with the following table of contents, may be cited as the ‘‘Trade Act

of 1974’’.

ø19 U.S.C. 2101¿

TABLE OF CONTENTS

TITLE I—NEGOTIATING AND OTHER AUTHORITY

HAPTER

1—R

ATES OF

UTY AND

THER

RADE

ARRIERS

Sec. 101. Basic authority for trade agreements.

Sec. 102. Barriers to and other distortions of trade.

Sec. 103. Overall negotiating objective.

Sec. 104. Sector negotiating objective.

Sec. 104A. Negotiating objectives with respect to trade in services, foreign direct in-

vestment, and high technology products.

Sec. 105. Bilateral trade agreements.

Sec. 106. Agreements with developing countries.

Sec. 107. International safeguard procedures.

Sec. 108. Access to supplies.

Sec. 109. Staging requirements and rounding authority.

HAPTER

2—O

THER

UTHORITY

Sec. 121. Steps to be taken toward GATT revision; authorization of appropriations

for GATT.

Sec. 122. Balance-of-payments authority.

Sec. 123. Compensation authority.

Sec. 124. Two-year residual authority to negotiate duties.

Sec. 125. Termination and withdrawal authority.

Sec. 126. Reciprocal nondiscriminating treatment.

Sec. 127. Reservation of articles for national security or other reasons.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00001 Fmt 9001 Sfmt 6611 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

2 TRADE ACT OF 1974

Sec. 128. Modification and continuance of treatment with respect to duties on high

technology products.

HAPTER

3—H

EARINGS AND

DVICE

ONCERNING

EGOTIATIONS

Sec. 131. International Trade Commission advice.

Sec. 132. Advice from departments and other sources.

Sec. 133. Public hearings.

Sec. 134. Prerequisites for offers.

Sec. 135. Advice from private and public sector.

HAPTER

4—O

FFICE OF THE

NITED

TATES

RADE

EPRESENTATIVE

Sec. 141. Office of the United States Trade Representative.

HAPTER

5—C

ONGRESSIONAL

ROCEDURES

ITH

ESPECT TO

RESIDENTIAL

CTIONS

Sec. 151. Bills implementing trade agreements on nontariff barriers and resolutions

approving commercial agreements with Communist countries.

Sec. 152. Resolutions disapproving certain actions.

Sec. 153. Resolutions relating to extension of waiver authority under section 402.

Sec. 154. Special rules relating to congressional procedures.

HAPTER

6—C

ONGRESSIONAL

IAISON AND

EPORTS

Sec. 161. Congressional delegates to negotiations.

Sec. 162. Transmission of agreements to Congress.

Sec. 163. Reports.

HAPTER

7—U

NITED

TATES

NTERNATIONAL

RADE

OMMISSION

Sec. 171. Change of name of Tariff Commission.

Sec. 172. Organization of the Commission.

Sec. 173. Voting record of commissioners.

Sec. 174. Representation in court proceedings.

Sec. 175. Independent budget and authorization of appropriations.

HAPTER

8—I

DENTIFICATION OF

ARKET

ARRIERS AND

ERTAIN

NFAIR

RADE

RACTICES

Sec. 181. Actions concerning barriers to market access.

Sec. 182. Identification of countries that deny adequate protection, or market ac-

cess, for intellectual property rights.

TITLE II—RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

HAPTER

1—P

OSITIVE

DJUSTMENT BY

NDUSTRIES

NJURED BY

MPORTS

Sec. 201. Action to facilitate positive adjustment to import competition.

Sec. 202. Investigations, determinations, and recommendations by Commission.

Sec. 203. Action by President after determination of import injury.

Sec. 204. Monitoring, modifications, and termination of action.

Sec. 205. Trade monitoring.

HAPTER

2—A

DJUSTMENT

SSISTANCE FOR

ORKERS

UBCHAPTER

A—P

ETITIONS AND

ETERMINATIONS

Sec. 221. Petitions.

Sec. 222. Group eligibility requirements.

Sec. 223. Determinations by Secretary of Labor.

Sec. 224. Study by Secretary of Labor when International Trade Commission be-

gins investigations.

Sec. 225. Benefit information to workers.

UBCHAPTER

B—P

ROGRAM

ENEFITS

ART

I—T

RADE

EADJUSTMENT

LLOWANCES

Sec. 231. Qualifying requirements for workers.

Sec. 232. Weekly amounts.

Sec. 233. Limitations on trade readjustment allowances.

Sec. 234. Application of State laws.

ART

II—T

RAINING

, O

THER

MPLOYMENT

ERVICES

LLOWANCES

Sec. 235. Employment services.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00002 Fmt 9001 Sfmt 6611 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

3 TRADE ACT OF 1974

The amendment made by section 1427(b) of Pub. L. 100–418 (102 Stat. 1254) adding the

bracketed items did not become effective pursuant to section 1430(c) of such Public Law.

See notes to sections 286 and 287.

Sec. 236. Training.

Sec. 237. Job search allowances.

Sec. 238. Relocation allowances.

UBCHAPTER

C—G

ENERAL

ROVISIONS

Sec. 239. Agreements with States.

Sec. 240. Administration absent State agreement.

Sec. 241. Payments to States.

Sec. 242. Liabilities of certifying and disbursing officers.

Sec. 243. Fraud and recovery of overpayments.

Sec. 244. Penalties.

Sec. 245. Authorization of appropriations.

Sec. 246. Demonstration project for alternative trade adjustment assistance for

older workers.

Sec. 247. Definitions.

Sec. 248. Regulations.

Sec. 249. Subpena power.

HAPTER

3—A

DJUSTMENT

SSISTANCE FOR

IRMS

Sec. 251. Petitions and determinations.

Sec. 252. Approval of adjustment proposals.

Sec. 253. Technical assistance.

Sec. 254. Financial assistance.

Sec. 255. Conditions for financial assistance.

Sec. 256. Delegation of functions to Small Business Administration; authorization

of appropriations.

Sec. 257. Administration of financial assistance.

Sec. 258. Protective provisions.

Sec. 259. Penalties.

Sec. 260. Suits.

Sec. 261. Definition of firm.

Sec. 262. Regulations.

Sec. 264. Study by Secretary of Commerce when International Trade Commission

begins investigation; action where there is affirmative finding.

Sec. 265. Assistance to industries.

HAPTER

4—A

DJUSTMENT

SSISTANCE FOR

OMMUNITIES

Sec. 271. Petitions and determinations.

Sec. 272. Trade impacted area councils.

Sec. 273. Program benefits.

Sec. 274. Community adjustment assistance fund and authorization of appropria-

tions.

HAPTER

5—M

ISCELLANEOUS

ROVISIONS

Sec. 280. General Accounting Office report.

Sec. 281. Coordination.

Sec. 282. Trade monitoring system.

Sec. 283. Firms relocating in foreign countries.

Sec. 284. Judicial review.

Sec. 285. Termination.

Sec. 286. Trade Adjustment Trust Fund.

Sec. 287. Imposition of additional fee.

HAPTER

6—A

DJUSTMENT

SSISTANCE FOR

ARMERS

Sec. 291. Definitions.

Sec. 292. Petitions; group eligibility.

Sec. 293. Determinations by Secretary of Agriculture.

Sec. 294. Study by Secretary of Agriculture when International Trade Commission

begins investigation.

Sec. 295. Benefit information to agricultural commodity producers.

Sec. 296. Qualifying requirements for agricultural commodity producers.

Sec. 297. Fraud and recovery of overpayments.

Sec. 298. Authorization of appropriations.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00003 Fmt 9001 Sfmt 6611 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

4 TRADE ACT OF 1974

TITLE III—RELIEF FROM UNFAIR TRADE PRACTICES

HAPTER

1—E

NFORCEMENT OF

NITED

TATES

IGHTS

NDER

RADE

GREEMENTS

AND

ESPONSE TO

OREIGN

RADE

RACTICES

Sec. 301. Actions by United States Trade Representative.

Sec. 302. Initiation of investigations.

Sec. 303. Consultation upon initiation of investigation.

Sec. 304. Determinations by the Trade Representative.

Sec. 305. Implementation of actions.

Sec. 306. Monitoring of foreign compliance.

Sec. 307. Modification and termination of actions.

Sec. 308. Request for information.

Sec. 309. Administration.

Sec. 310. Trade enforcement priorities.

TITLE IV—TRADE RELATIONS WITH COUNTRIES NOT RECEIVING

NONDISCRIMINATORY TREATMENT

HAPTER

1—T

RADE

ELATIONS

ITH

ERTAIN

OUNTRIES

Sec. 401. Exception of the products of certain countries or areas.

Sec. 402. Freedom of emigration in East-West trade.

Sec. 403. United States personnel missing in action in Southeast Asia.

Sec. 404. Extension of nondiscriminatory treatment.

Sec. 405. Authority to enter into commercial agreements.

Sec. 406. Market disruption.

Sec. 407. Procedure for congressional approval or disapproval of extension of non-

discriminatory treatment and Presidential reports.

Sec. 408. Payment by Czechoslovakia of amounts owed United States citizens and

nationals.

Sec. 409. Freedom to emigrate to join a very close relative in the United States.

HAPTER

2—R

ELIEF

ROM

ARKET

ISRUPTION TO

NDUSTRIES AND

IVERSION OF

RADE TO THE

NITED

TATES

ARKET

Sec. 421. Action to address market disruption.

Sec. 422. Action in response to trade diversion.

Sec. 423. Regulations; termination of provision.

TITLE V—GENERALIZED SYSTEM OF PREFERENCES

Sec. 501. Authority to extend preferences.

Sec. 502. Designation of beneficiary developing countries.

Sec. 503. Designation of eligible articles.

Sec. 506A. Designation of sub-Saharan African countries for certain benefits.

Sec. 506B. Termination of benefits for sub-Saharan African countries.

Sec. 504. Review and reports to Congress.

Sec. 505. Date of termination.

Sec. 506. Agricultural exports of beneficiary developing countries.

Sec. 507. Definitions.

TITLE VI—GENERAL PROVISIONS

Sec. 601. Definitions.

Sec. 603. International Trade Commission.

Sec. 604. Consequential changes in the Tariff Schedules.

Sec. 605. Separability.

Sec. 606. International drug control.

Sec. 607. Voluntary limitations on exports of steel to the United States.

Sec. 608. Uniform statistical data on imports, exports, and production.

Sec. 611. Review of protests in imports surcharge cases.

Sec. 612. Trade relations with North American countries.

Sec. 613. Limitation on credit to Russia.

TITLE VIII—TARIFF TREATMENT OF PRODUCTS OF, AND OTHER SANC-

TIONS AGAINST, UNCOOPERATIVE MAJOR DRUG PRODUCING OR DRUG-

TRANSIT COUNTRIES

Sec. 801. Short title.

Sec. 802. Tariff treatment of products of uncooperative major drug producing or

drug-transit countries.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00004 Fmt 9001 Sfmt 6611 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

5 Sec. 101 TRADE ACT OF 1974

Sec. 803. Sugar quota.

Sec. 804. Progress reports.

Sec. 805. Definitions.

TITLE IX—SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE

Sec. 901. Supplemental agricultural disaster assistance.

Sec. 902. Agricultural Disaster Relief Trust Fund.

Sec. 903. Jurisdiction.

SEC. 2. STATEMENT OF PURPOSES.

The purposes of this Act are, through trade agreements afford-

ing mutual benefits—

(1) to foster the economic growth of and full employment

in the United States and to strengthen economic relations be-

tween the United States and foreign countries through open

and nondiscriminatory world trade;

(2) to harmonize, reduce, and eliminate barriers to trade

on a basis which assures substantially equivalent competitive

opportunities for the commerce of the United States;

(3) to establish fairness and equity in international trading

relations, including reform of the General Agreement on Tariffs

and Trade;

(4) to provide adequate procedures to safeguard American

industry and labor against unfair or injurious import competi-

tion, and to assist industries, firm, workers, and communities

to adjust to changes in international trade flows;

(5) to open up market opportunities for United States com-

merce in nonmarket economies; and

(6) to provide fair and reasonable access to products of less

developed countries in the United States market.

ø19 U.S.C. 2102¿

TITLE I—NEGOTIATING AND OTHER

AUTHORITY

CHAPTER 1—RATES OF DUTY AND OTHER

TRADE BARRIERS

SEC. 101. BASIC AUTHORITY FOR TRADE AGREEMENTS.

(a) Whenever the President determines that any existing du-

ties or other import restrictions of any foreign country or the

United States are unduly burdening and restricting the foreign

trade of the United States and that the purposes of this Act will

be promoted thereby, the President—

(1) during the 5-year period beginning on the date of the

enactment of this Act, may enter into trade agreements with

foreign countries or instrumentalities thereof; and

(2) may proclaim such modification or continuance of any

existing duty, such continuance of existing duty-free or excise

treatment, or such additional duties, as he determines to be re-

quired or appropriate to carry out any such trade agreement.

(b)(1) Except as provided in paragraph (2), no proclamation

pursuant to subsection (a)(2) shall be made decreasing a rate of

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00005 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

6 Sec. 102 TRADE ACT OF 1974

duty to a rate below 40 percent of the rate existing on January 1,

1975.

(2) Paragraph (1) shall not apply in the case of any article for

which the rate of duty existing on January 1, 1975, is not more

than 5 percent ad valorem.

increasing any rate of duty to, or imposing a rate above, the higher

of the following:

(1) the rate which is 50 percent above the rate set forth

in rate column numbered 2 of the Tariff Schedules of the

United States as in effect on January 1, 1975, or

(2) the rate which is 20 percent ad valorem above the rate

existing on January 1, 1975.

ø19 U.S.C. 2111¿

SEC. 102. BARRIERS TO AND OTHER DISTORTIONS OF TRADE.

(a) The Congress finds that barriers to (and other distortions

of) international trade are reducing the growth of foreign markets

for the products of United States agriculture, industry, mining, and

commerce, diminishing the intended mutual benefits of reciprocal

trade concessions, adversely affecting the United States economy,

preventing fair and equitable access to supplies, and preventing the

development of open and nondiscriminatory trade among nations.

The President is urged to take all appropriate and feasible steps

within his power (including the full exercise of the rights of the

United States under international agreements) to harmonize, re-

duce, or eliminate such barriers to (and other distortions of) inter-

national trade. The President is further urged to utilize the author-

ity granted by subsection (b) to negotiate trade agreements with

other countries and instrumentalities providing on a basis of mutu-

ality for the harmonization, reduction, or elimination of such bar-

riers to (and other distortions of) international trade. Nothing in

this subsection shall be construed as prior approval of any legisla-

tion which may be necessary to implement an agreement con-

cerning barriers to (or other distortions of) international trade.

(b)(1) Whenever the President determines that any barriers to

(or other distortions of) international trade of any foreign country

or the United States unduly burden and restrict the foreign trade

of the United States or adversely affect the United States economy,

or that the imposition of such barriers is likely to result in such

a burden, restriction, or effect, and that the purposes of this Act

will be promoted thereby, the President, during the 13-year period

beginning on the date of the enactment of this Act, may enter into

trade agreements with foreign countries or instrumentalities pro-

viding for the harmonization, reduction, or elimination of such bar-

riers (or other distortions) of providing for the prohibition of or lim-

itations on the imposition of such barriers (or other distortions).

(2)(A) Trade agreements that provide for the elimination or re-

duction of any duty imposed by the United States may be entered

into under paragraph (1) only with Israel.

(B) The negotiation of any trade agreement entered into under

paragraph (1) with Israel that provides for the elimination or re-

duction of any duty imposed by the United States shall take fully

into account any product that benefits from a discriminatory pref-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00006 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

7 Sec. 102 TRADE ACT OF 1974

erential tariff arrangement between Israel and a third country if

the tariff preference on such product has been the subject of a chal-

lenge by the United States Government under the authority of sec-

tion 301 of the Trade Act of 1974 and the General Agreement on

Tariffs and Trade.

quirements of subsections (c) and (e)(1) shall not apply to any trade

agreement entered into under paragraph (1) with Israel that pro-

vides for the elimination or reduction of any duty imposed by the

United States.

(3) Notwithstanding any other provision of law, no trade ben-

efit shall be extended to any country by reason of the extension of

any trade benefit to another country under a trade agreement en-

tered into under paragraph (1) with such other country that pro-

vides for the elimination or reduction of any duty imposed by the

United States.

(4)(A) Notwithstanding paragraph (2), a trade agreement that

provides for the elimination or reduction of any duty imposed by

the United States may be entered into under paragraph (1) with

any country other than Israel if—

(i) such country requested the negotiation of such an

agreement, and

(ii) the President, at least 60 days prior to the date notice

is provided under subsection (e)(1)—

(I) provides written notice of such negotiations to the

Committee on Finance of the Senate and the Committee

on Ways and Means of the House of Representatives, and

(II) consults with such committees regarding the nego-

tiation of such agreement.

(B) The provisions of section 151 shall not apply to an imple-

menting bill (within the meaning of section 151(b)) if—

(i) such implementing bill contains a provision approving

of any trade agreement which—

(I) is entered into under this section with any country

other than Israel, and

(II) provides for the elimination or reduction of any

duty imposed by the United States, and

(ii) either—

(I) the requirements of subparagraph (A) were not met

with respect to the negotiation of such agreement, or

(II) the Committee on Finance of the Senate or the

Committee on Ways and Means of the House of Represent-

atives disapproved of the negotiation of such agreement

before the close of the 60-day period which begins on the

date notice is provided under subparagraph (A)(ii)(I) with

respect to the negotiation of such agreement.

(B)(ii)(II) shall be computed without regard to—

(i) the days on which either House of Congress is not in

session because of an adjournment of more than 3 days to a

day certain or an adjournment of the Congress sine die, and

(ii) any Saturday and Sunday, not excluded under clause

(i), when either House of Congress is not in session.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00007 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

8 Sec. 102 TRADE ACT OF 1974

this section providing for the harmonization, reduction, or elimi-

nation of a barrier to (or other distortion of) international trade, he

shall consult with the Committee on Ways and Means of the House

of Representatives, the Committee on Finance of the Senate, and

with each committee of the House and the Senate and each joint

committee of the Congress which has jurisdiction over legislation

involving subject matters which would be affected by such trade

agreement. Such consultation shall include all matters relating to

the implementation of such trade agreement as provided in sub-

sections (d) and (e). If it is proposed to implement such trade agree-

ment, together with one or more other trade agreements entered

into under this section, in a single implementing bill, such con-

sultation shall include the desirability and feasibility of such pro-

posed implementation.

(d) Whenever the President enters into a trade agreement

under this section providing for the harmonization, reduction, or

elimination of a barrier to (or other distortion of) international

trade, he shall submit such agreement, together with a draft of an

implementing bill (described in section 151(b)) and a statement of

any administrative action proposed to implement such agreement,

to the Congress as provided in subsection (e), and such agreement

shall enter into force with respect to the United States only if the

provisions of subsection (e) are complied with and the imple-

menting bill submitted by the President is enacted into law.

(e) Each trade agreement submitted to the Congress under this

subsection shall enter into force with respect to the United States

if (and only if)—

(1) the President, not less than 90 days before the day on

which he enters into such trade agreement, notifies the House

of Representatives and the Senate of his intention to enter into

such an agreement, and promptly thereafter publishes notice of

such intention in the Federal Register;

(2) after entering into the agreement, the President trans-

mits a document to the House of Representatives and to the

Senate containing a copy of the final legal text of such agree-

ment together with—

(A) a draft of an implementing bill and a statement of

any administrative action proposed to implement such

agreement, and an explanation as to how the imple-

menting bill and proposed administrative action change or

affect existing law, and

(B) a statement of his reasons as to how the agree-

ment serves the interests of United States commerce and

as to why the implementing bill and proposed administra-

tive action is required or appropriate to carry out the

agreement; and

(3) the implementing bill is enacted into law.

(f) To insure that a foreign country or instrumentality which

receives benefits under a trade agreement entered into under this

section is subject to the obligations imposed by such agreement, the

President may recommend to Congress in the implementing bill

and statement of administrative action submitted with respect to

such agreement that the benefits and obligations of such agree-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00008 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

9 Sec. 104 TRADE ACT OF 1974

ment apply solely to the parties to such agreement, if such applica-

tion is consistent with the terms of such agreement. The President

may also recommend with respect to any such agreement that the

benefits and obligations of such agreement not apply uniformly to

all parties to such agreement, if such application is consistent with

the terms of such agreement.

(g) For purposes of this section—

(1) the term ‘‘barrier’’ includes—

(A) the American selling price basis of customs evalua-

tion as defined in section 402 or 402a of the Tariff Act of

1930, as appropriate, and

(B) any duty or other import restriction;

(2) the term ‘‘distortion’’ includes a subsidy; and

(3) the term ‘‘international trade’’ includes—

(A) trade in both goods and services, and

(B) foreign direct investment by United States per-

sons, especially if such investment has implications for

trade in goods and services.

ø19 U.S.C. 2112¿

SEC. 103. OVERALL NEGOTIATING OBJECTIVE.

The overall United States negotiating objective under sections

101 and 102 shall be to obtain more open and equitable market ac-

cess and the harmonization, reduction, or elimination of devices

which distort trade or commerce. To the maximum extent feasible,

the harmonization, reduction, or elimination of agricultural trade

barriers and distortions shall be undertaken in conjunction with

the harmonization, reduction, or elimination of industrial trade

barriers and distortions.

ø19 U.S.C. 2113¿

SEC. 104. SECTOR NEGOTIATING OBJECTIVE.

(a) A principal United States negotiating objective under sec-

tions 101 and 102 shall be to obtain, to the maximum extent fea-

sible, with respect to appropriate product sectors of manufacturing,

and with respect to the agricultural sector, competitive opportuni-

ties for United States exports to the developed countries of the

world equivalent to the competitive opportunities afforded in

United States markets to the importation of like or similar prod-

ucts, taking into account all barriers (including tariffs) to and other

distortions of international trade affecting that sector.

(b) As a means of achieving the negotiating objective set forth

in subsection (a), to the extent consistent with the objective of

maximizing overall economic benefit to the United States (through

maintaining and enlarging foreign markets for products of United

States agriculture, industry, mining, and commerce, through the

development of fair and equitable market opportunities, and

through open and nondiscriminatory world trade), negotiations

shall, to the extent feasible be conducted on the basis of appro-

priate product sectors of manufacturing.

States Trade Representative together with the Secretary of Com-

merce, Agriculture, or Labor, as appropriate, shall, after consulta-

tion with the Advisory Committee for Trade Negotiations estab-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00009 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

10 Sec. 104A TRADE ACT OF 1974

lished under section 135 and after consultation with interested pri-

vate or non-Federal government organizations, identify appropriate

product sectors of manufacturing.

(d) If the President determines that competitive opportunities

in one or more product sectors will be significantly affected by a

trade agreement concluded under section 101 or 102, he shall sub-

mit to the Congress with each such agreement an analysis of the

extent to which the negotiating objective set forth in subsection (a)

is achieved by such agreement in each product sector or product

sectors.

ø19 U.S.C. 2114¿

SEC. 104A. NEGOTIATING OBJECTIVES WITH RESPECT TO THE TRADE

IN SERVICES, FOREIGN DIRECT INVESTMENT, AND HIGH

TECHNOLOGY PRODUCTS.

(a) T

RADE IN

ERVICES

.—

(1) I

N GENERAL

.—Principal United States negotiating ob-

jectives under section 102 shall be—

(A) to reduce or to eliminate barriers to, or other dis-

tortions of, international trade in services (particularly

United States service sector trade in foreign markets), in-

cluding barriers that deny national treatment and restric-

tions on the establishment and operation in such markets;

and

(B) to develop internationally agreed rules, including

dispute settlement procedures, which—

(i) are consistent with the commercial policies of

the United States, and

(ii) will reduce or eliminate such barriers or dis-

tortions and help ensure open international trade in

services.

(2) D

OMESTIC OBJECTIVES

.—In pursuing the objectives de-

scribed in paragraph (1), United States negotiators shall take

into account legitimate United States domestic objectives in-

cluding, but not limited to, the protection of legitimate health

or safety, essential security, environmental, consumer or em-

ployment opportunity interests and the laws and regulations

related thereto.

(b) F

OREIGN

IRECT

NVESTMENT

.—

(1) I

N GENERAL

.—Principal United States negotiating ob-

jectives under section 102 shall be—

(A) to reduce or to eliminate artificial or trade-dis-

torting barriers to foreign direct investment, to expand the

principal of national treatment, and to reduce unreason-

able barriers to establishment; and

(B) to develop internationally agreed rules, including

dispute settlement procedures, which—

(i) will help ensure a free flow of foreign direct in-

vestment, and

(ii) will reduce or eliminate the trade distortive ef-

fects of certain investment related measures.

(2) D

OMESTIC OBJECTIVES

.—In pursuing the objectives de-

scribed in paragraph (1), United States negotiators shall take

into account legitimate United States domestic objectives in-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00010 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

11 Sec. 104A TRADE ACT OF 1974

cluding, but not limited to, the protection of legitimate health

or safety, essential security, environmental, consumer or em-

ployment opportunity interests and the laws and regulations

related thereto.

IGH

ECHNOLOGY

RODUCTS

.—Principal United States ne-

gotiating objectives shall be—

(1) to obtain and preserve the maximum openness with re-

spect to international trade and investment in high technology

products and related services;

(2) to obtain the elimination or reduction of, or compensa-

tion for, the significantly distorting effects of foreign govern-

ment acts, policies, or practices identified in section 181, with

particular consideration given to the nature and extent of for-

eign government intervention affecting United States exports

of high technology products or investments in high technology

industries, including—

(A) foreign industrial policies which distort inter-

national rate or investment;

(B) measures which deny national treatment or other-

wise discriminate in favor of domestic high technology in-

dustries;

tive means for foreign nationals to secure, exercise, and

enforce exclusive rights in intellectual property (including

trademarks, patents, and copyrights);

(D) measures which impair access to domestic markets

for key commodity products; and

(E) measures which facilitate or encourage anti-

competitive market practices or structures;

(3) to obtain commitments that official policy of foreign

countries or instrumentalities will not discourage government

or private procurement of foreign high technology products and

related services;

(4) to obtain the reduction or elimination of all tariffs on,

and other barriers to, United States exports of high technology

products and related services;

(5) to obtain commitments to foster national treatment;

(6) to obtain commitments to—

(A) foster the pursuit of joint scientific cooperation be-

tween companies, institutions or governmental entities of

the United States and those of the trading partners of the

United States in areas of mutual interest through such

measures as financial participation and technical and per-

sonnel exchanges, and

(B) ensure that access by all participants to the results

of any such cooperative efforts should not be impaired; and

(7) to provide effective minimum safeguards for the acqui-

sition and enforcement of intellectual property rights and the

property value of proprietary data.

(d) D

EFINITION OF

ARRIERS AND

THER

ISTORTIONS

.—For

purposes of subsection (a), the term ‘‘barriers to, or other distor-

tions of, international trade in services’’ includes, but is not limited

to—

(1) barriers to establishment in foreign markets, and

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00011 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

12 Sec. 105 TRADE ACT OF 1974

(2) restrictions on the operation of enterprises in foreign

markets, including—

(A) direct or indirect restrictions on the transfer of in-

formation into, or out of, the country or instrumentality

concerned, and

(B) restrictions on the use of data processing facilities

within or outside of such country or instrumentality.

ø19 U.S.C. 2114a¿

SEC. 105. BILATERAL TRADE AGREEMENTS.

If the President determines that bilateral trade agreements

will more effectively promote the economic growth of, and full em-

ployment in, the United States, then, in such cases, a negotiating

objective under sections 101 and 102 shall be to enter into bilateral

trade agreements. Each such trade agreement shall provide for mu-

tually advantageous economic benefits.

ø19 U.S.C. 2115¿

SEC. 106. AGREEMENTS WITH DEVELOPING COUNTRIES.

A United States negotiating objective under sections 101 and

102 shall be to enter into trade agreements which promote the eco-

nomic growth of both developing countries and the United States

and the mutual expansion of market opportunities.

ø19 U.S.C. 2116¿

SEC. 107. INTERNATIONAL SAFEGUARD PROCEDURES.

(a) A principal United States negotiating objective under sec-

tion 102 shall be to obtain internationally agreed upon rules and

procedures, in the context of the harmonization, reduction, or elimi-

nation of barriers to, and other distortions of, international trade,

which permit the use of temporary measures to ease adjustment to

changes occurring in competitive conditions in the domestic mar-

kets of the parties to an agreement resulting from such negotia-

tions due to the expansion of international trade.

(b) Any agreement entered into under section 102 may include

provisions establishing procedures for—

(1) notification of affected exporting countries,

(2) international consultations,

(3) international review of changes in trade flows,

(4) making adjustments in trade flows as the result of such

changes, and

(5) international mediation.

Such agreements may also include provisions which—

(A) exclude, under specified conditions, the parties

thereto from compensation obligations and retaliation, and

(B) permit domestic public procedures through which

interested parties have the right to participate.

ø19 U.S.C. 2117¿

SEC. 108. ACCESS TO SUPPLIES.

(a) A principal United States negotiating objective under sec-

tion 102 shall be to enter into trade agreements with foreign coun-

tries and instrumentalities to assure the United States of fair and

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00012 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

13 Sec. 109 TRADE ACT OF 1974

equitable access at reasonable prices to supplies of articles of com-

merce which are important to the economic requirements of the

United States and for which the United States does not have, or

cannot easily develop, the necessary domestic productive capacity

to supply its own requirements.

(b) Any agreement entered into under section 102 may include

provisions which—

(1) assure to the United States the continued availability

of important articles at reasonable prices, and

(2) provide reciprocal concessions or comparable trade obli-

gations, or both, by the United States.

ø19 U.S.C. 2118¿

SEC. 109. STAGING REQUIREMENTS AND ROUNDING AUTHORITY.

(a) Except as otherwise provided in this section, the aggregate

reduction in the rate of duty on any article which is in effect on

any day pursuant to a trade agreement under section 101 shall not

exceed the aggregate reduction which would have been in effect on

such day if—

(1) a reduction of 3 percent ad valorem or a reduction of

one-tenth of the total reduction, whichever is greater, had

taken effect on the effective date of the first reduction pro-

claimed pursuant to section 101(a)(2) to carry out such agree-

ment with respect to such article, and

(2) a reduction equal to the amount applicable under para-

graph (1) had taken effect at 1-year intervals after the effective

date of such first reduction.

This subsection shall not apply in any case where the total reduc-

tion in the rate of duty does not exceed 10 percent of the rate be-

fore the reduction.

(b) If the President determines that such action will simplify

the computation of the amount of duty imposed with respect to an

article, he may exceed the limitation provided by section 101(b) or

subsection (a) of this section by not more than whichever of the fol-

lowing is lesser:

(1) the difference between the limitation and the next

lower whole number, or

(2) one-half of 1 percent ad valorem.

(c)(1) No reduction in the rate of duty on any article pursuant

to a trade agreement under section 101 shall take effect more than

10 years after the effective date of the first reduction proclaimed

to carry out such trade agreement with respect to such article.

(2) If any part of a reduction takes effect, then any time there-

after during which any part of the reduction is not in effect by rea-

son of legislation of the United States or action thereunder, the ef-

fect of which is to maintain or increase the rate of duty on an arti-

cle, shall be excluded in determining—

(A) the 1-year intervals referred to in subsection (a)(2), and

(B) the expiration of the 10-year period referred to in para-

graph (1) of this subsection.

ø19 U.S.C. 2119¿

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00013 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

14 Sec. 121 TRADE ACT OF 1974

CHAPTER 2—OTHER AUTHORITY

SEC. 121. STEPS TO BE TAKEN TOWARD GATT REVISION; AUTHORIZA-

TION OF APPROPRIATIONS FOR GATT.

There are authorized to be appropriated annually such sums as

may be necessary for the payment by the United States of its share

of the expenses of the Contracting Parties to the General Agree-

ment on Tariffs and Trade. This authorization does not imply ap-

proval or disapproval by the Congress of all articles of the General

Agreement on Tariffs and Trade.

ø19 U.S.C. 2131¿

SEC. 122. BALANCE-OF-PAYMENTS AUTHORITY.

(a) Whenever fundamental international payments problems

require special import measures to restrict imports—

(1) to deal with large and serious United States balance-

of-payments deficits,

(2) to prevent an imminent and significant depreciation of

the dollar in foreign exchange markets, or

(3) to cooperate with other countries in correcting an inter-

national balance-of-payments disequilibrium,

the President shall proclaim, for a period not exceeding 150 days

(unless such period is extended by Act of Congress)—

(A) a temporary import surcharge, not to exceed 15

percent ad valorem, in the form of duties (in addition to

those already imposed, if any) on articles imported into the

United States;

(B) temporary limitations through the use of quotas on

the importation of articles into the United States; or

subparagraph (A) and temporary limitations described in

subparagraph (B).

The authority delegated under subparagraph (B) (and so much of

subparagraph (C) as relates to subparagraph (B)) may be exercised

(i) only if international trade or monetary agreements to which the

United States is a party permit the imposition of quotas as a bal-

ance-of-payments measure, and (ii) only to the extent that the fun-

damental imbalance cannot be dealt with effectively by a surcharge

proclaimed pursuant to subparagraph (A) or (C). Any temporary

import surcharge proclaimed pursuant to subparagraph (A) or (C)

shall be treated as a regular customs duty.

(b) If the President determines that the imposition of import

restrictions under subsection (a) will be contrary to the national in-

terest of the United States, then he may refrain from proclaiming

such restrictions and he shall—

(1) immediately inform Congress of his determination, and

(2) immediately convene the group of congressional official

advisers designated under section 161(a) and consult with

them as to the reasons for such determination.

national payments problems require special import measures to in-

crease imports—

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00014 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

15 Sec. 122 TRADE ACT OF 1974

(1) to deal with large and persistent United States bal-

ance-of-trade surpluses, as determined on the basis of the cost-

insurance-freight value of imports, as reported by the Bureau

of the Census, or

(2) to prevent significant appreciation of the dollar in for-

eign exchange markets.

the President is authorized to proclaim, for a period of 150 days

(unless such period is extended by Act of Congress)—

(A) a temporary reduction (of not more than 5 percent ad

valorem) in the rate of duty on any article; and

(B) a temporary increase in the value or quantity of arti-

cles which may be imported under any import restriction, or a

temporary suspension of any import restriction.

Import liberalizing actions proclaimed pursuant to this subsection

shall be of broad and uniform application with respect to product

coverage except that the President shall not proclaim measures

under this subsection with respect to those articles where in his

judgment such action will cause or contribute to material injury to

firms or workers in any domestic industry, including agriculture,

mining, fishing, or commerce, or to impairment of the national se-

curity, or will otherwise be contrary to the national interest.

(d)(1) Import restricting actions proclaimed pursuant to sub-

section (a) shall be applied consistently with the principle of non-

discriminatory treatment. In addition, any quota proclaimed pursu-

ant to subparagraph (B) of subsection (a) shall be applied on a

basis which aims at a distribution of trade with the United States

approaching as closely as possible that which various foreign coun-

tries might have expected to obtain in the absence of such restric-

tions.

(2) Notwithstanding paragraph (1), if the President determines

that the purposes of this section will best be served by action

against one or more countries having large or persistent balance-

of-payments surpluses, he may exempt all other countries from

such action.

(3) After such time when there enters into force for the United

States new rules regarding the application of surcharges as part of

a reform of internationally agreed balance-of-payments adjustment

procedures, the exemption authority contained in paragraph (2)

shall be applied consistently with such new international rules.

(4) It is the sense of Congress that the President seek modifica-

tions in international agreements aimed at allowing the use of sur-

charges in place of quantitative restrictions (and providing rules to

govern the use of such surcharges) as a balance-of-payments ad-

justment measure within the context of arrangements for an equi-

table sharing of balance-of-payments adjustment responsibility

among deficit and surplus countries.

(e) Import restricting actions proclaimed pursuant to sub-

section (a) shall be of broad and uniform application with respect

to product coverage except where the President determines, consist-

ently with the purposes of this section, that certain articles should

not be subject to import restricting actions because of the needs of

the United States economy. Such exceptions shall be limited to the

unavailability of domestic supply at reasonable prices, the nec-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00015 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

16 Sec. 123 TRADE ACT OF 1974

Section 104 of Public Law 106–286 (114 Stat. 890) amended this paragraph by inserting

after ‘‘title III’’ the following: ‘‘, or under chapter 2 of title IV of the Trade Act of 1974’’. The

inserted text probably should have been ‘‘, or under chapter 2 of title IV of this Act’’.

essary importation of raw materials, avoiding serious dislocations

in the supply of imported goods, and other similar factors. In addi-

tion, uniform exceptions may be made where import restricting ac-

tions will be unnecessary or ineffective in carrying out the purposes

of this section, such as with respect to articles already subject to

import restrictions, goods in transit, or goods under binding con-

tract. Neither the authorization of import restricting actions nor

the determination of exceptions with respect to product coverage

shall be made for the purpose of protecting individual domestic in-

dustries from import competition.

(f) Any quantitative limitation proclaimed pursuant to sub-

paragraph (B) or (C) of subsection (a) on the quantity or value, or

both, of an article—

(1) shall permit the importation of a quantity or value

which is not less than the quantity or value of such article im-

ported into the United States from the foreign countries to

which such limitation applies during the most recent period

which the President determines is representative of imports of

such article, and

(2) shall take into account any increase since the end of

such representative period in domestic consumption of such ar-

ticle and like or similar articles of domestic manufacture or

production.

(g) The President may at any time, consistent with the provi-

sions of this section, suspend, modify, or terminate, in whole or in

part, any proclamation under this section either during the initial

150-day period of effectiveness or as extended by subsequent Act of

Congress.

(h) No provision of law authorizing the termination of tariff

concessions shall be used to impose a surcharge on imports into the

United States.

ø19 U.S.C. 2132¿

SEC. 123. COMPENSATION AUTHORITY.

(a) Whenever—

(1) any action taken under chapter 1 of title II or chapter

1 of title III, or under chapter 2 of title IV of the Trade Act

of 1974

; or

(2) any judicial or administrative tariff reclassification that

becomes final after the date of the enactment of the Omnibus

Trade and Competitiveness Act of 1988;

increases or imposes any duty or other import restriction, the

President—

(A) may enter into trade agreements with foreign countries

or instrumentalities for the purpose of granting new conces-

sions as compensation in order to maintain the general level

of reciprocal and mutually advantageous concessions; and

(B) may proclaim such modification or continuance of any

existing duty, or such continuance of existing duty-free or ex-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00016 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

17 Sec. 124 TRADE ACT OF 1974

cise treatment, as he determines to be required or appropriate

to carry out any such agreement.

(b)(1) No proclamation shall be made pursuant to subsection

(a) decreasing any rate of duty to a rate which is less than 70 per-

cent of the existing rate of duty.

(2) Where the rate of duty in effect at any time is an inter-

mediate stage under section 1102(a) of the Omnibus Trade and

Competitiveness Act of 1988, the proclamation made pursuant to

subsection (a) may provide for the reduction of each rate of duty

at each such stage proclaimed under such section 1102(a) by not

more than 30 percent of such rate of duty, and may provide for a

final rate of duty which is not less than 70 percent of the rate of

duty proclaimed as the final stage under such section 1102(a).

(3) If the President determines that such action will simplify

the computation of the amount of duty imposed with respect to an

article, he may exceed the limitations provided by paragraphs (1)

and (2) of this subsection by not more than the lesser of—

(A) the difference between such limitation and the next

lower whole number, or

(B) one-half of 1 percent ad valorem.

(4) Any concessions granted under subsection (a)(1) shall be re-

duced and terminated according to substantially the same time

schedule for reduction applicable to the relevant action under sec-

tions 203(e) and 204.

with any foreign country or instrumentality, the President shall

consider whether such country or instrumentality has violated

trade concessions of benefit to the United States and such violation

has not been adequately offset by the action of the United States

or by such country or instrumentality.

(d) Notwithstanding the provisions of subsection (a), the au-

thority delegated under section 1102(a) of the Omnibus Trade and

Competitiveness Act of 1988 shall be used for the purpose of grant-

ing new concessions as compensation within the meaning of this

section until such authority terminates.

(e) The provisions of this section shall apply by reason of action

taken under chapter 1 of title III only if the President determines

that action authorized under this section is necessary or appro-

priate to meet the international obligations of the United States.

ø19 U.S.C. 2133¿

SEC. 124. TWO-YEAR RESIDUAL AUTHORITY TO NEGOTIATE DUTIES.

(a) Whenever the President determines that any existing du-

ties or other import restrictions of any foreign country or the

United States are unduly burdening and restricting the foreign

trade of the United States and that the purposes of this Act will

be promoted thereby, the President—

(1) may enter into trade agreements with foreign countries

or instrumentalities thereof, and

(2) may proclaim such modification or continuance of any

existing duty, such continuance of existing duty-free or excise

treatment, or such additional duties, as he determines to be re-

quired or appropriate to carry out any such trade agreement.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00017 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

18 Sec. 125 TRADE ACT OF 1974

(b) Agreements entered into under this section in any 1-year

period shall not provide for the reduction of duties, or the continu-

ance of duty-free or excise treatment, for articles which account for

more than 2 percent of the value of United States imports for the

most recent 12-month period for which import statistics are avail-

able.

(c)(1) No proclamation shall be made pursuant to subsection (a)

decreasing any rate of duty to a rate which is less than 80 percent

of the existing rate of duty.

(2) No proclamation shall be made pursuant to subsection (a)

decreasing or increasing any rate of duty to a rate which is lower

or higher than the corresponding rate which would have resulted

if the maximum authority granted by section 101 with respect to

such article had been exercised.

(3) Where the rate of duty in effect at any time is an inter-

mediate stage under section 109, the proclamation made pursuant

to subsection (a) may provide for the reduction of each rate of duty

at each such stage proclaimed under section 101 by not more than

20 percent of such rate of duty, and, subject to the limitation in

paragraph (2), may provide for a final rate of duty which is not less

than 80 percent of the rate of duty proclaimed as the final stage

under section 101.

(4) If the President determines that such action will simplify

the computation of the amount of duty imposed with respect to an

article, he may exceed the limitations provided by paragraphs (1)

and (2) of this subsection by not more than the lesser of—

(A) the difference between such limitation and the next

lower whole number, or

(B) one-half of 1 percent ad valorem.

(d) Agreements may be entered into under this section only

during the 2-year period which immediately follows the close of the

period during which agreements may be entered into under section

101.

ø19 U.S.C. 2134¿

SEC. 125. TERMINATION AND WITHDRAWAL AUTHORITY.

(a) Every trade agreement entered into under this Act shall be

subject to termination, in whole or in part, or withdrawal, upon

due notice, at the end of a period specified in the agreement. Such

period shall be not more than 3 years from the date on which the

agreement becomes effective. If the agreement is not terminated or

withdrawn from at the end of the period so specified, it shall be

subject to termination or withdrawal thereafter upon not more

than 6 months’ notice.

(b) The President may at any time terminate, in whole or in

part, any proclamation made under this Act.

its rights or obligations under any trade agreement entered into

pursuant to this Act, section 201 of the Trade Expansion Act of

1962, or section 350 of the Tariff Act of 1930, withdraws, suspends,

or modifies any obligation with respect to the trade of any foreign

country or instrumentality thereof, the President is authorized to

proclaim increased duties or other import restrictions, to the ex-

tent, at such times, and for such periods as he deems necessary or

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00018 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

19 Sec. 126 TRADE ACT OF 1974

appropriate, in order to exercise the rights or fulfill the obligations

of the United States. No proclamation shall be made under this

subsection increasing any existing duty to a rate more than 50 per-

cent above the rate set forth in rate column numbered 2 of the Tar-

iff Schedules of the United States, as in effect on January 1, 1975,

or 20 percent ad valorem above the rate existing on January 1,

1975, whichever is higher.

(d) Whenever any foreign country or instrumentality with-

draws, suspends, or modifies the application of trade agreement ob-

ligations of benefit to the United States without granting adequate

compensation therefor, the President, in pursuance of rights grant-

ed to the United States under any trade agreement and to the ex-

tent necessary to protect United States economic interests (includ-

ing United States balance of payments), may—

(1) withdraw, suspend, or modify the application of sub-

stantially equivalent trade agreement obligations of benefit to

such foreign country or instrumentality, and

(2) proclaim under subsection (c) such increased duties or

other import restrictions as are appropriate to effect adequate

compensation from such foreign country or instrumentality.

(e) Duties or other import restrictions required or appropriate

to carry out any trade agreement entered into pursuant to this Act,

section 201 of the Trade Expansion Act of 1962, or section 350 of

the Tariff Act of 1930 shall not be affected by any termination, in

whole or in part, of such agreement or by the withdrawal of the

United States from such agreement and shall remain in effect after

the date of such termination or withdrawal for 1 year, unless the

President by proclamation provides that such rates shall be re-

stored to the level at which they would be but for the agreement.

Within 60 days after the date of any such termination or with-

drawal, the President shall transmit to the Congress his rec-

ommendations as to the appropriate rates of duty for all articles

which were affected by the termination or withdrawal or would

have been so affected but for the preceding sentence.

(f) Before taking any action pursuant to subsection (b), (c), or

(d), the President shall provide for a public hearing during the

course of which interested persons shall be given a reasonable op-

portunity to be present, to produce evidence, and to be heard, un-

less he determines that such prior hearings will be contrary to the

national interest because of the need for expeditious action, in

which case he shall provide for a public hearing promptly after

such action.

ø19 U.S.C. 2135¿

SEC. 126. RECIPROCAL NONDISCRIMINATORY TREATMENT.

(a) Except as otherwise provided in this Act or in any other

provision of law, any duty or other import restriction or duty-free

treatment proclaimed in carrying out any trade agreement under

this title shall apply to products of all foreign countries, whether

imported directly or indirectly.

(b) The President shall determine, after the conclusion of all

negotiations entered into under this Act or at the end of the 5-year

period beginning on the date of enactment of this Act, whichever

is earlier, whether any major industrial country has failed to make

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00019 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

20 Sec. 127 TRADE ACT OF 1974

concessions under trade agreements entered into under this Act

which provide competitive opportunities for the commerce of the

United States in such country substantially equivalent to the com-

petitive opportunities, provided by concessions made by the United

States under trade agreements entered into under this Act, for the

commerce of such country in the United States.

major industrial country has not made concessions under trade

agreements entered into under this Act which provide substantially

equivalent competitive opportunities for the commerce of the

United States, he shall, either generally with respect to such coun-

try or by article produced by such country, in order to restore

equivalence of competitive opportunities, recommend to the Con-

gress—

(1) legislation providing for the termination or denial of

the benefits of concessions of trade agreements entered into

under this Act made with respect to rates of duty or other im-

port restrictions by the United States; and

(2) that any legislation necessary to carry out any trade

agreement under section 102 shall not apply to such country.

(d) For purposes of this section, ‘‘major industrial country’’

means Canada, the European Economic Community, the individual

member countries of such Community, Japan, and any other for-

eign country designated by the President for purposes of this sub-

section.

ø19 U.S.C. 2136¿

SEC. 127. RESERVATION OF ARTICLES FOR NATIONAL SECURITY OR

OTHER REASONS.

(a) No proclamation shall be made pursuant to the provisions

of this Act reducing or eliminating the duty or other import restric-

tion on any article if the President determines that such reduction

or elimination would threaten to impair the national security.

(b) While there is in effect with respect to any article any ac-

tion taken under section 203 of this Act, or section 232 or 351 of

the Trade Expansion Act of 1962 (19 U.S.C. 1862 or 1981), the

President shall reserve such article from negotiations under this

title (and from any action under section 122(c)) contemplating re-

duction or elimination of—

(A) any duty on such article,

(B) any import restriction imposed under such section, or

be likely to undermine the effect of the import restrictions re-

ferred to in subparagraph (B).

In addition, the President shall also so reserve any other article

which he determines to be appropriate, taking into consideration

information and advice available pursuant to and with respect to

the matters covered by sections 131, 132, and 133, where applica-

ble.

ø19 U.S.C. 2137¿

* * * * * * *

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00020 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

21 Sec. 131 TRADE ACT OF 1974

SEC. 128. MODIFICATION AND CONTINUANCE OF TREATMENT WITH

RESPECT TO DUTIES ON HIGH TECHNOLOGY PRODUCTS.

(a) In order to carry out any agreement concluded as a result

of the negotiating objectives under section 104A(c), the President

may proclaim, subject to the provisions of chapter 3—

(1) such modification, elimination, or continuance of any

existing duty, duty-free, or excise treatment, or

(2) such additional duties,

as he deems appropriate.

(b) The President shall exercise his authority under subsection

(a) of this section only with respect to the following subheadings

listed in the Harmonized Tariff Schedule of the United States—

(1) transistors (provided for in subheadings 8541.21.00,

8541.29.00, and 8541.40.70);

(2) diodes and rectifiers (provided for in subheadings

8541.10.00, 8541.30.00, and 8541.40.60);

(3) monolithic integrated circuits (provided for in sub-

headings 8542.11.00 and 8542.19.00);

(4) other integrated circuits (provided for in subheading

8542.20.00);

(5) other components (provided for in subheading

8541.50.00);

(6) parts of semiconductors (provided for in subheadings

8541.90.00 and 8542.90.00); and

(7) units of automatic data processing machines (provided

for in subheadings 8471.92.20, 8471.92.30, 8471.92.70,

8471.92.80, 8471.93.10, 8471.93.15, 8471.93.30, 8471.93.50,

8471.99.15, and 8471.99.60) and parts (provided for in sub-

heading 8473.30.40), all the foregoing not incorporating a cath-

ode ray tube.

(8) Digital processing units for automatic data processing

machines, unhoused, consisting of a printed circuit (single or

multiple) with one or more electronic integrated circuits or

other semiconductor devices mounted directly thereon, certified

as units designed for use other than in an automatic data proc-

essing machine of subheading 8471.20 (provided for in sub-

heading 8471.91).

ERMINATION

.—The President may exercise his authority

under this section only during the 5-year period beginning on the

date of the enactment of the International Trade and Investment

Act.

ø19 U.S.C. 2138¿

CHAPTER 3—HEARINGS AND ADVICE

CONCERNING NEGOTIATIONS

SEC. 131. ADVICE FROM INTERNATIONAL TRADE COMMISSION.

(a) L

ISTS OF

RTICLES

HICH

ONSIDERED FOR

TION

.—

(1) In connection with any proposed trade agreement

under section 123 of this Act or subsection (a) or (b) of section

103 of the Bipartisan Congressional Trade Priorities and Ac-

countability Act of 2015, the President shall from time to time

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00021 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

22 Sec. 131 TRADE ACT OF 1974

publish and furnish the International Trade Commission (here-

after in this section referred to as the ‘‘Commission’’) with lists

of articles which may be considered for modification or continu-

ance of United States duties, continuance of United States

duty-free or excise treatment, or additional duties. In the case

of any article with respect to which consideration may be given

to reducing or increasing the rate of duty, the list shall specify

the provision of this subchapter under which such consider-

ation may be given.

(2) In connection with any proposed trade agreement

under section 103(b) of the Bipartisan Congressional Trade

Priorities and Accountability Act of 2015, the President may

from time to time publish and furnish the Commission with

lists of nontariff matters which may be considered for modifica-

tion.

(b) A

DVICE TO

RESIDENT BY

OMMISSION

.—Within 6 months

after receipt of a list under subsection (a) or, in the case of a list

submitted in connection with a trade agreement, within 90 days

after receipt of such list, the Commission shall advise the Presi-

dent, with respect to each article or nontariff matter, of its judg-

ment as to the probable economic effect of modification of the tariff

or nontariff measure on industries producing like or directly com-

petitive articles and on consumers, so as to assist the President in

making an informed judgment as to the impact which might be

caused by such modifications on United States interests, such as

sectors involved in manufacturing, agriculture, mining, fishing,

services, intellectual property, investment, labor, and consumers.

Such advice may include in the case of any article the advice of the

Commission as to whether any reduction in the rate of duty should

take place over a longer period of time than the minimum period

provided for in section 103(a)(4)(A) of the Bipartisan Congressional

Trade Priorities and Accountability Act of 2015.

DDITIONAL

NVESTIGATIONS AND

EPORTS

EQUESTED BY

THE

RESIDENT OR THE

RADE

EPRESENTATIVE

.—In addition, in

order to assist the President in his determination whether to enter

into any agreement under section 123 of this Act or section 103(a)

of the Bipartisan Congressional Trade Priorities and Accountability

Act of 2015, or how to develop trade policy, priorities or other mat-

ters (such as priorities for actions to improve opportunities in for-

eign markets), the Commission shall make such investigations and

reports as may be requested by the President or the United States

Trade Representative on matters such as effects of modification of

any barrier to (or other distortion of) international trade on domes-

tic workers, industries or sectors, purchasers, prices and quantities

of articles in the United States.

(d) C

OMMISSION

TEPS IN

REPARING

DVICE TO THE

RESI

DENT

.—In preparing its advice to the President under this section,

the Commission shall to the extent practicable—

(1) investigate conditions, causes, and effects relating to

competition between the foreign industries producing the arti-

cles or services in question and the domestic industries pro-

ducing the like or directly competitive articles or services;

(2) analyze the production, trade, and consumption of each

like or directly competitive article or service, taking into con-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00022 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

23 Sec. 133 TRADE ACT OF 1974

sideration employment, profit levels, and use of productive fa-

cilities with respect to the domestic industries concerned, and

such other economic factors in such industries as it considers

relevant, including prices, wages, sales, inventories, patterns of

demand, capital investment, obsolescence of equipment, and di-

versification of production;

(3) describe the probable nature and extent of any signifi-

cant change in employment, profit levels, and use of productive

facilities; the overall impact of such or other possible changes

on the competitiveness of relevant domestic industries or sec-

tors; and such other conditions as it deems relevant in the do-

mestic industries or sectors concerned which it believes such

modifications would cause; and

(4) make special studies (including studies of real wages

paid in foreign supplying countries), whenever deemed to be

warranted, of particular proposed modifications affecting

United States manufacturing, agriculture, mining, fishing,

labor, consumers, services, intellectual property and invest-

ment, using to the fullest extent practicable United States Gov-

ernment facilities abroad and appropriate personnel of the

United States.

(e) P

UBLIC

EARING

.—In preparing its advice to the President

under this section, the Commission shall, after reasonable notice,

hold public hearings.

ø19 U.S.C. 2151¿

SEC. 132. ADVICE FROM EXECUTIVE DEPARTMENTS AND OTHER

SOURCES.

Before any trade agreement is entered into under section 123

of this Act or section 103 of the Bipartisan Congressional Trade

Priorities and Accountability Act of 2015, the President shall seek

information and advice with respect to such agreement from the

Departments of Agriculture, Commerce, Defense, Interior, Labor,

State and the Treasury, from the United States Trade Representa-

tive, and from such other sources as he may deem appropriate.

Such advice shall be prepared and presented consistent with the

provisions of Reorganization Plan Number 3 of 1979, Executive

Order Number 12188 and section 141(c).

ø19 U.S.C. 2152¿

SEC. 133. PUBLIC HEARINGS.

(a) O

PPORTUNITY FOR

RESENTATION OF

IEWS

.—In connection

with any proposed trade agreement under section 123 of this Act

or section 103 of the Bipartisan Congressional Trade Priorities and

Accountability Act of 2015, the President shall afford an oppor-

tunity for any interested person to present his views concerning

any article on a list published under section 131, any matter or ar-

ticle which should be so listed, any concession which should be

sought by the United States, or any other matter relevant to such

proposed trade agreement. For this purpose, the President shall

designate an agency or an interagency committee which shall, after

reasonable notice, hold public hearings and prescribe regulations

governing the conduct of such hearings. When appropriate, such

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00023 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

24 Sec. 134 TRADE ACT OF 1974

procedures shall apply to the development of trade policy and prior-

ities.

(b) S

UMMARY OF

EARINGS

.—The organization holding such

hearing shall furnish the President with a summary thereof.

ø19 U.S.C. 2153¿

SEC. 134. PREREQUISITES FOR OFFERS.

(a) In any negotiation seeking an agreement under section 123

of this Act or section 103 of the Bipartisan Congressional Trade

Priorities and Accountability Act of 2015, the President may make

a formal offer for the modification or continuance of any United

States duty, import restrictions, or barriers to (or other distortions

of) international trade, the continuance of United States duty-free

or excise treatment, or the imposition of additional duties, import

restrictions, or other barrier to (or other distortion of) international

trade including trade in services, foreign direct investment and in-

tellectual property as covered by this title, with respect to any arti-

cle or matter only after he has received a summary of the hearings

at which an opportunity to be heard with respect to such article

has been afforded under section 133. In addition, the President

may make an offer for the modification or continuance of any

United States duty, the continuance of United States duty-free or

excise treatment, or the imposition of additional duties, with re-

spect to any article included in a list published and furnished

under section 131(a), only after he has received advice concerning

such article from the Commission under section 131(b), or after the

expiration of the 6-month or 90-day period provided for in that sec-

tion, as appropriate, whichever first occurs.

(b) In determining whether to make offers described in sub-

section (a) in the course of negotiating any trade agreement under

section 103 of the Bipartisan Congressional Trade Priorities and

Accountability Act of 2015, and in determining the nature and

scope of such offers, the President shall take into account any ad-

vice or information provided, or reports submitted, by—

(1) the Commission;

(2) any advisory committee established under section 135;

(3) any organization that holds public hearings under sec-

tion 133;

with respect to any article, or domestic industry, that is sensitive,

or potentially sensitive, to imports.

ø19 U.S.C. 2154¿

SEC. 135. INFORMATION AND ADVICE FROM PRIVATE AND PUBLIC

SECTORS.

(a) I

ENERAL

.—

(1) The President shall seek information and advice from

representative elements of the private sector and the non-Fed-

eral governmental sector with respect to—

(A) negotiating objectives and bargaining positions be-

fore entering into a trade agreement under this title or

section 103 of the Bipartisan Congressional Trade Prior-

ities and Accountability Act of 2015;

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00024 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

25 Sec. 135 TRADE ACT OF 1974

(B) the operation of any trade agreement once entered

into, including preparation for dispute settlement panel

proceedings to which the United States is a party; and

opment, implementation, and administration of the trade

policy of the United States, including those matters re-

ferred to in Reorganization Plan Number 3 of 1979 and

Executive Order Numbered 12188, and the priorities for

actions thereunder.

To the maximum extent feasible, such information and advice

on negotiating objectives shall be sought and considered before

the commencement of negotiations.

(2) The President shall consult with representative ele-

ments of the private sector and the non-Federal governmental

sector on the overall current trade policy of the United States.

The consultations shall include, but are not limited to, the fol-

lowing elements of such policy:

(A) The principal multilateral and bilateral trade ne-

gotiating objectives and the progress being made toward

their achievement.

(B) The implementation, operation, and effectiveness

of recently concluded multilateral and bilateral trade

agreements and resolution of trade disputes.

United States and the effectiveness of such actions in

achieving trade policy objectives.

(D) Important developments in other areas of trade for

which there must be developed a proper policy response.

(3) The President shall take the advice received through

consultation under paragraph (2) into account in determining

the importance which should be placed on each major objective

and negotiating position that should be adopted in order to

achieve the overall trade policy of the United States.

(b) A

DVISORY

OMMITTEE FOR

RADE

OLICY AND

EGOTIA

TIONS

.—

(1) The President shall establish an Advisory Committee

for Trade Policy and Negotiations to provide overall policy ad-

vice on matters referred to in subsection (a). The committee

shall be composed of not more than 45 individuals and shall

include representatives of non-Federal governments, labor, in-

dustry, agriculture, small business, service industries, retail-

ers, nongovernmental environmental and conservation organi-

zations, and consumer interests. The committee shall be broad-

ly representative of the key sectors and groups of the economy,

particularly with respect to those sectors and groups which are

affected by trade. Members of the committee shall be rec-

ommended by the United States Trade Representative and ap-

pointed by the President for a term of 4 years or until the com-

mittee is scheduled to expire. An individual may be re-

appointed to committee for any number of terms. Appoint-

ments to the Committee shall be made without regard to polit-

ical affiliation.

(2) The committee shall meet as needed at the call of the

United States Trade Representative or at the call of two-thirds

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00025 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

26 Sec. 135 TRADE ACT OF 1974

of the members of the committee. The chairman of the com-

mittee shall be elected by the committee from among its mem-

bers.

(3) The United States Trade Representative shall make

available to the committee such staff, information, personnel,

and administrative services and assistance as it may reason-

ably require to carry out its activities.

ENERAL

OLICY

, S

ECTORAL

UNCTIONAL

DVISORY

OMMITTEES

.—

(1) The President may establish individual general policy

advisory committees for industry, labor, agriculture, services,

investment, defense, and other interests, as appropriate, to

provide general policy advice on matters referred to in sub-

section (a). Such committees shall, insofar as is practicable, be

representative of all industry, labor, agricultural, service, in-

vestment, defense, and other interests, respectively, including

small business interests, and shall be organized by the United

States Trade Representative and the Secretaries of Commerce,

Defense, Labor, Agriculture, the Treasury, or other executive

departments, as appropriate. The members of such committees

shall be appointed by the United States Trade Representative

in consultation with such Secretaries.

(2) The President shall establish such sectoral or func-

tional advisory committees as may be appropriate. Such com-

mittees shall, insofar as is practicable, be representative of all

industry, labor, agricultural, or service interests (including

small business interests) in the sector or functional areas con-

cerned. In organizing such committees, the United States

Trade Representative and the Secretaries of Commerce, Labor,

Agriculture, the Treasury, or other executive departments, as

appropriate, shall—

(A) consult with interested private organizations; and

(B) take into account such factors as—

(i) patterns of actual and potential competition be-

tween United States industry and agriculture and for-

eign enterprise in international trade,

(ii) the character of the nontariff barriers and

other distortions affecting such competition,

(iii) the necessity for reasonable limits on the

number of such advisory committees,

(iv) the necessity that each committee be reason-

ably limited in size, and

(v) in the case of each sectoral committee, that the

product lines covered by each committee be reasonably

related.

(3) The President—

(A) may, if necessary, establish policy advisory com-

mittees representing non-Federal governmental interests

to provide policy advice—

(i) on matters referred to in subsection (a), and

(ii) with respect to implementation of trade agree-

ments, and

(B) shall include as members of committees estab-

lished under subparagraph (A) representatives of non-Fed-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00026 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

27 Sec. 135 TRADE ACT OF 1974

eral governmental interests if he finds such inclusion ap-

propriate after consultation by the United States Trade

Representative with such representatives.

(4) Appointments to each committee established under

paragraph (1), (2), or (3) shall be made without regard to polit-

ical affiliation.

(d) P

OLICY

, T

ECHNICAL

AND

THER

DVICE AND

NFORMA

TION

.—Committees established under subsection (c) shall meet at

the call of the United States Trade Representative and the Secre-

taries of Agriculture, Commerce, Labor, Defense, or other executive

departments, as appropriate, to provide policy advice, technical ad-

vice and information, and advice on other factors relevant to the

matters referred to in subsection (a).

(e) M

EETING OF

DVISORY

OMMITTEES AT

ONCLUSION OF

GOTIATIONS

.—

(1) The Advisory Committee for Trade Policy and Negotia-

tions, each appropriate policy advisory committee, and each

sectoral or functional advisory committee, if the sector or area

which such committee represents is affected, shall meet at the

conclusion of negotiations for each trade agreement entered

into under section 103 of the Bipartisan Congressional Trade

Priorities and Accountability Act of 2015, to provide to the

President, to Congress, and to the United States Trade Rep-

resentative a report on such agreement. Each report that ap-

plies to a trade agreement entered into under section 103 of

the Bipartisan Congressional Trade Priorities and Account-

ability Act of 2015 shall be provided under the preceding sen-

tence not later than the date that is 30 days after the date on

which the President notifies Congress under section

106(a)(1)(A) of the Bipartisan Congressional Trade Priorities

and Accountability Act of 2015 of his intention to enter into

that agreement.

(2) The report of the Advisory Committee for Trade Policy

and Negotiations and each appropriate policy advisory com-

mittee shall include an advisory opinion as to whether and to

what extent the agreement promotes the economic interests of

the United States and achieves the applicable overall and prin-

cipal negotiating objectives set forth in section 102 of the Bi-

partisan Congressional Trade Priorities and Accountability Act

of 2015, as appropriate.

(3) The report of the appropriate sectoral or functional

committee under paragraph (1) shall include an advisory opin-

ion as to whether the agreement provides for equity and reci-

procity within the sector or within the functional area.

(f) A

PPLICATION OF

HAPTER

ITLE

5, U

NITED

TATES

ODE

.—The provisions of chapter 10 of title 5, United States Code,

apply—

(1) to the Advisory Committee for Trade Policy and Nego-

tiations established under subsection (b); and

(2) to all other advisory committees which may be estab-

lished under subsection (c) of this section, except that—

(A) the meetings of advisory committees established

under subsections (b) and (c) of this section shall be ex-

empt from the requirements of subsections (a) and (b) of

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00027 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

28 Sec. 135 TRADE ACT OF 1974

sections 1009 and 1010 of title 5, United States Code (re-

lating to open meetings, public notice, public participation,

and public availability of documents), whenever and to the

extent it is determined by the President or the President’s

designee that such meetings will be concerned with mat-

ters the disclosure of which would seriously compromise

the development by the United States Government of

trade policy, priorities, negotiating objectives, or bar-

gaining positions with respect to matters referred to in

subsection (a) of this section, and that meetings may be

called of such special task forces, plenary meetings of

chairmen, or other such groups made up of members of the

committees established under subsections (b) and (c) of

this section; and

(B) notwithstanding subsection (a) of section 1013 of

title 5, United States Code, any committee established

under subsection (b) or (c) may, in the discretion of the

President or the President’s designee, terminate not later

than the expiration of the 4-year period beginning on the

date of its establishment.

(g) T

RADE

ECRETS AND

ONFIDENTIAL

NFORMATION

.—

(1) Trade secrets and commercial or financial information

which is privileged or confidential, and which is submitted in

confidence by the private sector or non-Federal government to

officers or employees of the United States in connection with

trade negotiations, may be disclosed upon request to—

(A) officers and employees of the United States des-

ignated by the United States Trade Representative;

(B) members of the Committee on Ways and Means of

the House of Representatives and the Committee on Fi-

nance of the Senate who are designated as official advisers

under section 161(a)(1) or are designated by the chairmen

of either such committee under section 161(b)(3)(A) and

staff members of either such committee designated by the

chairmen under section 161(b)(3)(A); and

or any joint committee of Congress who are designated as

advisers under section 161(a)(2) or designated by the

chairman of such committee under section 161(b)(3)(B) and

staff members of such committee designated under section

161(b)(3)(B), but disclosure may be made under this sub-

paragraph only with respect to trade secrets or commercial

or financial information that is relevant to trade policy

matters or negotiations that are within the legislative ju-

risdiction of such committee;

for use in connection with matters referred to in subsection (a).

(2) Information other than that described in paragraph (1),

and advice submitted in confidence by the private sector or

non-Federal government to officers or employees of the United

States, to the Advisory Committee for Trade Policy and Nego-

tiations, or to any advisory committee established under sub-

section (c), in connection with matters referred to in subsection

(a), may be disclosed upon request to—

(A) the individuals described in paragraph (1); and

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00028 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

29 Sec. 135 TRADE ACT OF 1974

(B) the appropriate advisory committee established

under this section.

(3) Information submitted in confidence by officers or em-

ployees of the United States to the Advisory Committee for

Trade Policy and Negotiations, or to any advisory committee

established under subsection (c), may be disclosed in accord-

ance with rules issued by the United States Trade Representa-

tive and the Secretaries of Commerce, Labor, Defense, Agri-

culture, or other executive departments, as appropriate, after

consultation with the relevant advisory committees established

under subsection (c). Such rules shall define the categories of

information which require restricted or confidential handling

by such committee considering the extent to which public dis-

closure of such information can reasonably be expected to prej-

udice the development of trade policy, priorities, or United

States negotiating objectives. Such rules shall, to the max-

imum extent feasible, permit meaningful consultations by advi-

sory committee members with persons affected by matters re-

ferred to in subsection (a).

(h) A

DVISORY

OMMITTEE

UPPORT

.—The United States Trade

Representative, and the Secretaries of Commerce, Labor, Defense,

Agriculture, the Treasury, or other executive departments, as ap-

propriate, shall provide such staff, information, personnel, and ad-

ministrative services and assistance to advisory committees estab-

lished under subsection (c) as such committees may reasonably re-

quire to carry out their activities.

(i) C

ONSULTATION

ITH

DVISORY

OMMITTEES

; P

ROCEDURES

;

ONACCEPTANCE OF

OMMITTEE

DVICE OR

ECOMMENDATIONS

.—

It shall be the responsibility of the United States Trade Represent-

ative, in conjunction with the Secretaries of Commerce, Labor, Ag-

riculture, the Treasury, or other executive departments, as appro-

priate, to adopt procedures for consultation with and obtaining in-

formation and advice from the advisory committees established

under subsection (c) on a continuing and timely basis. Such con-

sultation shall include the provision of information to each advisory

committee as to—

(1) significant issues and developments; and

(2) overall negotiating objectives and positions of the

United States and other parties;

with respect to matters referred to in subsection (a). The United

States Trade Representative shall not be bound by the advice or

recommendations of such advisory committees, but shall inform the

advisory committees of significant departures from such advice or

recommendations made. In addition, in the course of consultations

with the Congress under this title, information on the advice and

information provided by advisory committees shall be made avail-

able to congressional advisers.

(j) P

RIVATE

RGANIZATIONS OR

ROUPS

.—In addition to any ad-

visory committee established under this section, the President shall

provide adequate, timely and continuing opportunity for the sub-

mission on an informal basis (and, if such information is submitted

under the provisions of subsection (g), on a confidential basis) by

private organizations or groups, representing government, labor,

industry, agriculture, small business, service industries, consumer

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00029 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

30 Sec. 141 TRADE ACT OF 1974

interests, and others, of statistics, data and other trade informa-

tion, as well as policy recommendations, pertinent to any matter

referred to in subsection (a).

(k) S

COPE OF

ARTICIPATION BY

EMBERS OF

DVISORY

MITTEES

.—Nothing contained in this section shall be construed to

authorize or permit any individual to participate directly in any ne-

gotiation of any matters referred to in subsection (a). To the max-

imum extent practicable, the members of the committees estab-

lished under subsections (b) and (c), and other appropriate parties,

shall be informed and consulted before and during any such nego-

tiations. They may be designated as advisors to a negotiating dele-

gation, and may be permitted to participate in international meet-

ings to the extent the head of the United States delegation deems

appropriate. However, they may not speak or negotiate for the

United States.

(l) A

DVISORY

OMMITTEES

STABLISHED BY

EPARTMENT OF

GRICULTURE

.—The provisions of title XVIII of the Food and Agri-

culture Act of 1977 (7 U.S.C. 2281 et seq.) shall not apply to any

advisory committee established under subsection (c).

(m) N

-F

EDERAL

OVERNMENT

EFINED

.—As used in this

section, the term ‘‘non-Federal government’’ means—

(1) any State, territory, or possession of the United States,

or the District of Columbia, or any political subdivision thereof;

(2) any agency or instrumentality of any entity described

in paragraph (1).

ø19 U.S.C. 2155¿

CHAPTER 4—OFFICE OF THE UNITED STATES

TRADE REPRESENTATIVE

SEC. 141. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE.

(a) There is established within the Executive Office of the

President the Office of the United States Trade Representative

(hereinafter in this section referred to as the ‘‘Office’’).

(b)(1) The Office shall be headed by the United States Trade

Representative who shall be appointed 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 the United

States Trade Representative submitted to the Senate for confirma-

tion, and referred to a committee, shall be referred to the Com-

mittee on Finance. The United States Trade Representative shall

hold office at the pleasure of the President, shall be entitled to re-

ceive 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 Innovation and Intellectual Property Negotiator, who shall be

appointed 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,

the Chief Agricultural Negotiator, or the Chief Innovation and In-

tellectual Property Negotiator submitted to the Senate for its ad-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00030 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

31 Sec. 141 TRADE ACT OF 1974

vice and consent, and referred to a committee, shall be referred to

the Committee on Finance. Each Deputy United States Trade Rep-

resentative, the Chief Agricultural Negotiator, and the Chief Inno-

vation 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

transparency policy, coordinate transparency in trade negotiations,

engage and assist the public, and advise the United States Trade

Representative 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, United

States Code) in any trade negotiation, or trade dispute, with the

United States may not be appointed as United States Trade Rep-

resentative or as a Deputy United States Trade Representative.

(5)(A) When the President submits to the Senate for its advice

and consent a nomination of an individual for appointment as a

Deputy United States Trade Representative under paragraph (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 Representatives and the Committee on Fi-

nance of the Senate 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)(1) The United States Trade Representative shall—

(A) have primary responsibility for developing, and for co-

ordinating the implementation of, United States international

trade policy, 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 inter-

national trade policy and shall advise the President on the im-

pact of other policies of the United States Government on

international trade;

the chief representative of the United States for, international

trade negotiations, including all negotiations on any matter

considered under the auspices of the World Trade Organiza-

tion, commodity and direct investment negotiations, in which

the United States participates;

(D) issue and coordinate policy guidance to departments

and agencies on basic issues of policy and interpretation aris-

ing in the exercise of international trade functions, including

any matter considered under the auspices of the World Trade

Organization, to the extent necessary to assure the coordina-

tion of international trade policy and consistent with any other

law;

(E) act as the principal spokesman of the President on

international trade;

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00031 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

32 Sec. 141 TRADE ACT OF 1974

(F) report directly to the President and the Congress re-

garding, and be responsible to the President and the Congress

for the administration of, trade agreements programs;

(G) advise the President and Congress with respect to non-

tariff 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 re-

spect to matters referred to in subparagraphs (C) and (F);

(I) be chairman of the interagency trade organization es-

tablished under section 242(a) of the Trade Expansion Act of

1962, and shall consult with and be advised by such organiza-

tion in the performance of his functions; and

(J) in addition to those functions that are delegated to the

United States Trade Representative as of the date of the enact-

ment of the Omnibus Trade and Competitiveness Act of 1988,

be responsible 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 purpose 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 economic summit

and other international meetings 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 func-

tions, powers, and duties to such officers and employees of the

Office as he may deem appropriate.

(4) Each Deputy United States Trade Representative shall

have as his principal function the conduct of trade negotiations

under this Act and shall have such other functions as the United

States Trade Representative may direct.

(5) The principal function of the Chief Agricultural Negotiator

shall be to conduct trade negotiations and to enforce trade agree-

ments relating 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 functions as the United

States Trade Representative may direct.

(6) The principal functions of the Chief Innovation and Intellec-

tual Property Negotiator shall be to conduct trade negotiations and

to enforce trade agreements relating to United States intellectual

property and to take appropriate actions to address acts, policies,

and practices of foreign governments that have a significant ad-

verse impact on the value of United States innovation. The Chief

Innovation and Intellectual Property Negotiator shall be a vigorous

advocate on behalf of United States innovation and intellectual

property interests. The Chief Innovation and Intellectual Property

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00032 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

33 Sec. 141 TRADE ACT OF 1974

Negotiator shall perform such other functions as the United States

Trade Representative may direct.

(d)(1) In carrying out subsection (c) with respect to unfair trade

practices, the United States Trade Representative shall—

(A) coordinate the application of interagency resources, in-

cluding resources of the Interagency Center on Trade Imple-

mentation, Monitoring, and Enforcement established under

subsection (h), to specific unfair trade practice cases;

(B) identify, and refer to the appropriate Federal depart-

ment or agency for consideration with respect to action, each

act, policy, or practice referred to in the report required under

section 181(b), or otherwise known to the United States Trade

Representative on the basis of other available information, 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 im-

pact on United States commerce, or

(ii) has a significant adverse impact on domestic firms

or industries that are either too small or financially weak

to initiate proceedings under the trade laws;

on United States commerce that the attainment of United

States negotiating objectives would eliminate; and

(D) identify, on a biennial basis, those United States Gov-

ernment policies and practices that, if engaged in by a foreign

government, 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 practices advisory committee composed of the Trade

Representative, who shall chair the committee, and senior rep-

resentatives of the following agencies, 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 Commercial Services of

the Department of Commerce.

the United States and Foreign Commercial Service) of the De-

partment of Commerce.

(D) The Foreign Agricultural Service of the Department of

Agriculture.

The United States Trade Representative may also request the ad-

vice of the United States International Trade Commission regard-

ing 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;

(B) may result in the sale or likely sale of foreign merchan-

dise with respect to which antidumping duties may be imposed

under subtitle B of title VII;

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00033 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

34 Sec. 141 TRADE ACT OF 1974

unfair act in the importation of articles into the United States,

that is unlawful under section 337; or

(D) may be an act, policy, or practice of a kind with respect

to which action may be taken under title III of the Trade Act

of 1974.

(e) The United States Trade Representative may, for the pur-

pose of carrying out his functions under this section—

(1) subject to the civil service and classification laws, se-

lect, 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 individuals may be

employed without regard to any provision of law regulating the

employment or compensation at rates not to exceed the rate of

pay for level IV of the Executive Schedule in section 5314 of

title 5, United States Code;

(2) employ experts and consultants in accordance with sec-

tion 3109 of title 5, United States Code, and compensate indi-

viduals 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, United States Code,

and while such experts and consultants are so serving away

from their homes or regular place of business, to pay such em-

ployees travel expenses and per diem in lieu of subsistence at

rates authorized by section 5703 of title 5, United States Code,

for persons in Government service employed intermittently;

(3) promulgate such rules and regulations as may be nec-

essary to carry out the functions, powers and duties vested in

him;

(4) utilize, with their consent, the services, personnel, and

facilities of other Federal agencies;

(5) enter into and perform such contracts, leases, coopera-

tive agreements, or other transactions 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 instrumentality of the United States, or

with any public or private person, firm, association, corpora-

tion, or institution;

(6) accept voluntary and uncompensated services, notwith-

standing the provisions of section 1342 of title 31, United

States Code;

(7) adopt an official seal, which shall be judicially noticed;

and

(8) pay for expenses approved by him for official travel

without regard to the Federal Travel Regulations or to the pro-

visions of subchapter I of chapter 57 of title 5, United States

Code (relating to rates of per diem allowances in lieu of sub-

sistence expenses);

(9) accept, hold, administer, and utilize gifts, devises, and

bequests of property, both real and personal, for the purpose

of aiding or facilitating 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 required at a cost exceeding $9,500; and

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00034 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

35 Sec. 141 TRADE ACT OF 1974

(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) The United States Trade Representative shall, to the extent

he deems it necessary for the proper administration and execution

of the trade agreements programs of the United States, draw upon

the resources of, and consult with, Federal agencies in connection

with the performance of his functions.

(g)(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 appropriated under sub-

paragraph (A) for any fiscal year—

(i) not to exceed $98,000 may be used for entertainment

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 addi-

tional 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 fis-

cal year, the United States Trade Representative shall submit to

the Committee on Ways and Means of the House of Representa-

tives and the Committee on Finance of the Senate the projected

amount of funds for the succeeding fiscal year that will be nec-

essary for the Office to carry out its functions.

(h) I

NTERAGENCY

ENTER ON

RADE

MPLEMENTATION

, M

ONI

TORING

AND

NFORCEMENT

.—

(1) E

STABLISHMENT OF CENTER

.—There is established in

the Office of the United States Trade Representative an Inter-

agency Center on Trade Implementation, Monitoring, and En-

forcement (in this section referred to as the ‘‘Center’’).

(2) F

UNCTIONS 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 Organization;

(B) investigating potential disputes pursuant to bilat-

eral and regional trade agreements to which the United

States is a party;

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 imple-

ment provisions of trade agreements to which the United

States is a party.

(3) P

ERSONNEL

.—

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00035 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

36 Sec. 151 TRADE ACT OF 1974

(A) D

IRECTOR

.—The head of the Center shall be a Di-

rector, who shall be appointed by the United States Trade

Representative.

(B) A

DDITIONAL EMPLOYEES

.—A Federal agency may,

in consultation with and with the approval of the United

States Trade Representative, detail or assign one or more

employees to the Center without any reimbursement from

the Center to support the functions of the Center.

ø19 U.S.C. 2171¿

CHAPTER 5—CONGRESSIONAL PROCEDURES

WITH RESPECT TO PRESIDENTIAL ACTIONS

SEC. 151. BILLS IMPLEMENTING TRADE AGREEMENTS ON NONTARIFF

BARRIERS AND RESOLUTIONS APPROVING COMMERCIAL

AGREEMENTS WITH COMMUNIST COUNTRIES.

(a) R

ULES OF

OUSE OF

EPRESENTATIVES AND

ENATE

.—This

section and sections 152 and 153 are enacted by the Congress—

(1) as an exercise of the rulemaking power of the House of

Representatives and the Senate, respectively, and as such they

are deemed a part of the rules of each House, respectively, but

applicable only with respect to the procedure to be followed in

that House in the case of implementing bills described in sub-

section (b)(1), implementing revenue bills described in sub-

section (b)(2), approval resolutions described in subsection

(b)(3), and resolutions described in subsections 152(a) and

153(a); and they supersede other rules only to the extent that

they are inconsistent therewith; and

(2) with full recognition of the constitutional right of either

House to change the rules (so far as relating to the procedure

of 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) D

EFINITIONS

.—For purposes of this section—

(1) The term ‘‘implementing bill’’ means only a bill of ei-

ther House of Congress which is introduced as provided in sub-

section (c) with respect to one or more trade agreements, or

with respect to an extension described in section 282(c)(3) of

the Uruguay Round Agreements Act, submitted to the House

of Representatives and the Senate under section 102 of this

Act, section 282 of the Uruguay Round Agreements Act, or sec-

tion 106(a)(1) of the Bipartisan Congressional Trade Priorities

and Accountability Act of 2015 and which contains—

(A) a provision approving such trade agreement or

agreements or such extension,

(B) a provision approving the statement of administra-

tive action (if any) proposed to implement such trade

agreement or agreements, and

thority is required to implement such trade agreement or

agreements or such extension, provisions, necessary or ap-

propriate to implement such trade agreement or agree-

ments or such extension, either repealing or amending ex-

isting laws or providing new statutory authority.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00036 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

37 Sec. 151 TRADE ACT OF 1974

(2) The term ‘‘implementing revenue bill or resolution’’

means an implementing bill, or approval resolution, which con-

tains one or more revenue measures by reason of which it must

originate in the House of Representatives.

(3) The term ‘‘approval resolution’’ means only a joint reso-

lution of the two Houses of the Congress, the matter after the

resolving clause of which is as follows: ‘‘That the Congress ap-

proves the extension of nondiscriminatory treatment with re-

spect to the products of llllllll transmitted by the

President to the Congress on llllllll.’’, the first

blank space being filled with the name of the country involved

and the second blank space being filled with the appropriate

date.

NTRODUCTION AND

EFERRAL

.—

(1) On the day on which a trade agreement or extension

is submitted to the House of Representatives and the Senate

under section 102, section 282 of the Uruguay Round Agree-

ments Act, or section 106(a)(1) of the Bipartisan Congressional

Trade Priorities and Accountability Act of 2015, the imple-

menting bill submitted by the President with respect to such

trade agreement or extension shall be introduced (by request)

in the House by the majority leader of the House, for himself

and the minority leader of the House, or by Members of the

House designated by the majority leader and minority leader

of the House; and shall be introduced (by request) in the Sen-

ate by the majority leader of the Senate, for himself and the

minority leader of the Senate, or by Members of the Senate

designated by the majority leader and minority leader of the

Senate. If either House is not in session on the day on which

such a trade agreement 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

the House is in session. Such bills shall be referred by the Pre-

siding Officers of the respective Houses to the appropriate com-

mittee, or, in the case of a bill containing provisions within the

jurisdiction of two or more committees, jointly to such commit-

tees for consideration of those provisions within their respec-

tive jurisdictions.

(2) On the day on which a bilateral commercial agreement,

entered into under the IV of this Act after the date of the en-

actment of this Act, is transmitted to the House of Representa-

tives and the Senate, an approval resolution with respect to

such agreement shall be introduced (by request) in the House

by the majority leader of the House, for himself and the minor-

ity leader of the House, or by Members of the House des-

ignated by the majority leader and minority leader of the

House; and shall be introduced (by request) in the Senate by

the majority leader of the Senate, for himself and the minority

leader of the Senate, or by Members of the Senate designated

by the majority leader and minority leader of the Senate. If ei-

ther House is not in session on the day on which such an

agreement is transmitted, the approval resolution with respect

to such agreement shall be introduced in that House, as pro-

vided in the proceeding sentence, on the first day thereafter on

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00037 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

38 Sec. 151 TRADE ACT OF 1974

which that House is in session. The approval resolution intro-

duced in the House shall be referred to the Committee on

Ways and Means and the approval resolution introduced in the

Senate shall be referred to the Committee on Finance.

(d) A

MENDMENTS

ROHIBITED

.—No amendment to an imple-

menting bill or approval resolution shall be in order in either the

House of Representatives or the Senate; and no motion to suspend

the application of this subsection shall be in order in either House,

nor shall it be in order in either House for the Presiding Officer

to entertain a request to suspend the application of this subsection

by unanimous consent.

(e) P

ERIOD FOR

OMMITTEE AND

LOOR

ONSIDERATION

.—

(1) Except as provided in paragraph (2), if the committee

or committees of either House to which an implementing bill

or approval resolution has been referred have not reported it

at the close of the 45th day after its introduction, such com-

mittee or committees shall be automatically discharged from

further consideration of the bill or resolution and it shall be

placed on the appropriate calendar. A vote on final passage of

the bill or resolution shall be taken in each House on or before

the close of the 15th day after the bill or resolution is reported

by the committee or committees of that House to which it was

referred, or after such committee or committees have been dis-

charged from further consideration of the bill or resolution. If

prior to the passage by one House of an implementing bill or

approval resolution of that House, that House receives the

same implementing bill or approval resolution from the other

House, then—

(A) the procedure in that House shall be the same as

if no implementing bill or approval resolution had been re-

ceived from the other House; but

(B) the vote on final passage shall be on the imple-

menting bill or approval resolution of the other House.

(2) The provisions of paragraph (1) shall not apply in the

Senate to an implementing revenue bill or resolution. An im-

plementing revenue bill or resolution received from the House

shall be referred to the appropriate committee or committees

of the Senate. If such committee or committees have not re-

ported such bill or resolution at the close of the 15th day after

its receipt by the Senate (or, if later, before the close of the

45th day after the corresponding implementing revenue bill or

resolution was introduced in the Senate), such committee or

committees shall be automatically discharged from further con-

sideration of such bill or resolution and it shall be placed on

the calendar. A vote on final passage of such bill or resolution

shall be taken in the Senate on or before the close of the 15th

day after such bill or resolution is reported by the committee

or committees of the Senate to which it was referred, or after

such committee or committees have been discharged from fur-

ther consideration of such bill or resolution.

(3) For purpose of paragraphs (1) and (2), in computing a

number of days in either House, there shall be excluded any

day on which that House is not in session.

(f) F

LOOR

ONSIDERATION IN THE

OUSE

.—

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00038 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

39 Sec. 151 TRADE ACT OF 1974

(1) A motion in the House of Representatives to proceed to

the consideration of an implementing bill or approval resolu-

tion shall be highly privileged and not debatable. An amend-

ment to the motion shall not be in order, nor shall it be in

order to move to reconsider the vote by which the motion is

agreed to or disagreed to.

(2) Debate in the House of Representatives on an imple-

menting bill or approval resolution shall be limited to not more

than 20 hours, which shall be divided equally between those

favoring and those opposing the bill or resolution. A motion

further to limit debate shall not be debatable. It shall not be

in order to move to recommit an implementing bill or approval

resolution or to move to reconsider the vote by which an imple-

menting bill or approval resolution is agreed to or disagreed to.

(3) Motions to postpone, made in the House of Representa-

tives with respect to the consideration of an implementing bill

or approval resolution, and motions to proceed to the consider-

ation of other business, shall be decided without debate.

(4) All appeals from the decisions of the Chair relating to

the application of the Rules of the House of Representatives to

the procedure relating to an implementing bill or approval res-

olution shall be decided without debate.

(5) Except to the extent specifically provided in the pre-

ceding provisions of this subsection, consideration of an imple-

menting bill or approval resolution shall be governed by the

Rules of the House of Representatives applicable to other bills

and resolutions in similar circumstances.

(g) F

LOOR

ONSIDERATION IN THE

ENATE

.—

(1) A motion in the Senate to proceed to the consideration

of an implementing bill or approval resolution shall be privi-

leged and not debatable. An amendment to the motion shall

not be in order, nor shall it be in order to move to reconsider

the vote by which the motion is agreed to or disagreed to.

(2) Debate in the Senate on an implementing bill or ap-

proval resolution, and all debatable motions and appeals in

connection therewith, shall be limited to not more than 20

hours. The time shall be equally divided between, and con-

trolled by, the majority leader and the minority leader or their

designees.

(3) Debate in the Senate on any debatable motion or ap-

peal in connection with an implementing bill or approval reso-

lution shall be limited to not more than 1 hour, to be equally

divided between, and controlled by, the mover and the man-

ager of the bill or resolution, except that in the event the man-

ager of the bill or resolution is in favor of any such motion or

appeal, the time in opposition thereto, shall be controlled by

the minority leader or his designee. Such leaders, or either of

them, may, from time under their control on the passage of an

implementing bill or approval resolution, allot additional time

to any Senator during the consideration of any debatable mo-

tion or appeal.

(4) A motion in the Senate to further limit debate is not

debatable. A motion to recommit an implementing bill or ap-

proval resolution is not in order.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00039 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

40 Sec. 152 TRADE ACT OF 1974

ø19 U.S.C. 2191¿

SEC. 152. RESOLUTIONS DISAPPROVING CERTAIN ACTIONS.

(a) C

ONTENTS OF

ESOLUTIONS

.—

(1) For purposes of this section, the term ‘‘resolution’’

means only—

(A) a joint resolution of the two Houses of the Con-

gress, the matter after the resolving clause of which is as

follows: ‘‘That the Congress does not approve the action

taken by, or the determination of, the President under sec-

tion 203 of the Trade Act of 1974 transmitted to the Con-

gress on llllllll.’’, the blank space being filled

with the appropriate date; and

(B) a joint resolution of the two Houses of Congress,

the matter after the resolving clause of which is as follows:

‘‘That the Congress does not approve llllllll

transmitted to the Congress on lllllll.’’, with the

first blank space being filled in accordance with paragraph

(2), and the second blank space being filled with the appro-

priate date.

(2) The first blank space referred to in paragraph (1)(B)

shall be filled, in the case of a resolution referred to in section

407(c)(2), with the phrase ‘‘the report of the President sub-

mitted under section llllllll of the Trade Act of 1974

with respect to llllllll’’ (with the first blank space

being filled with ‘‘402(b)’’ or ‘‘409(b)’’, as appropriate, and the

second blank space being filled with the name of the country

involved).

(b) R

EFERENCE TO

OMMITTEES

.—All resolutions introduced in

the House of Representatives shall be referred to the Committee on

Ways and Means and all resolutions introduced in the Senate shall

be referred to the Committee on Finance.

ISCHARGE OF

OMMITTEE

.—

(1) If the committee of either House to which a resolution

has been referred has not reported it at the end of 30 days

after its introduction, not counting any day which is excluded

under section 154(b), it is in order to move either to discharge

the committee from further consideration of the resolution or

to discharge the committee from further consideration of any

other resolution introduced with respect to the same matter,

except that a motion to discharge—

(A) may only be made on the second legislative day

after the calendar day on which the Member making the

motion announces to the House his intention to do so; and

(B) is not in order after the Committee has reported

a resolution with respect to the same matter.

(2) A motion to discharge under paragraph (1) may be

made only by an individual favoring the resolution, and is

highly privileged in the House and privileged in the Senate;

and debate thereon shall be limited to not more than 1 hour,

the time to be divided in the House equally between those fa-

voring and those opposing the resolution, and to be divided in

the Senate equally between, and controlled by, the majority

leader and the minority leader or their designees. An amend-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00040 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

41 Sec. 152 TRADE ACT OF 1974

ment to the motion is not in order, and it is not in order to

move to reconsider the vote by which the motion is agreed to

or disagreed to.

(d) F

LOOR

ONSIDERATION IN THE

OUSE

.—

(1) A motion in the House of Representatives to proceed to

the consideration of a resolution shall be highly privileged and

not debatable. An amendment to the motion shall not be in

order, nor shall it be in order to move to reconsider the vote

by which the motion is agreed to or disagreed to.

(2) Debate in the House of Representatives on a resolution

shall be limited to not more than 20 hours, which shall be di-

vided equally between those favoring and those opposing the

resolution. A motion further to limit debate shall not be debat-

able. No amendment to, or motion to recommit, the resolution

shall be in order. It shall not be in order to move to reconsider

the vote by which a resolution is agreed to or disagreed to.

(3) Motions to postpone, made in the House of Representa-

tives with respect to the consideration of a resolution, and mo-

tions to proceed to the consideration of other business, shall be

decided without debate.

(4) All appeals from the decisions of the Chair relating to

the application of the Rules of the House of Representatives to

the procedure relating to a resolution shall be decided without

debate.

(5) Except to the extent specifically provided in the pre-

ceding provisions of this subsection, consideration of a resolu-

tion in the House of Representatives shall be governed by the

Rules of the House of Representatives applicable to other reso-

lutions in similar circumstances.

(e) F

LOOR

ONSIDERATION IN THE

ENATE

.—

(1) A motion in the Senate to proceed to the consideration

of a resolution shall be privileged. An amendment to the mo-

tion shall not be in order, nor shall it be in order to move to

reconsider the vote by which the motion is agreed to or dis-

agreed to.

(2) Debate in the Senate on a resolution, and all debatable

motions and appeals in connection therewith, shall be limited

to not more than 20 hours, to be equally divided between, and

controlled by, the majority leader and the minority leader or

their designees.

(3) Debate in the Senate on any debatable motion or ap-

peal in connection with a resolution shall be limited to not

more than 1 hour, to be equally divided between, and con-

trolled by, the mover and the manager of the resolution, except

that in the event the manager of the resolution is in favor of

any such motion or appeal, the time in opposition thereto, shall

be controlled by the minority leader or his designee. Such lead-

ers, or either of them, may, from time under their control on

the passage of a resolution, allot additional time to any Sen-

ator during the consideration of any debatable motion or ap-

peal.

(4) A motion in the Senate to further limit debate on a res-

olution, debatable motion, or appeal is not debatable. No

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00041 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

42 Sec. 153 TRADE ACT OF 1974

amendment to, or motion to recommit, a resolution is in order

in the Senate.

(f) P

ROCEDURES IN THE

ENATE

.—

(1) Except as otherwise provided in this section, the fol-

lowing procedures shall apply in the Senate to a resolution to

which this section applies:

(A)(i) Except as provided in clause (ii), a resolution

that has passed the House of Representatives shall, when

received in the Senate, be referred to the Committee on Fi-

nance for consideration in accordance with this section.

(ii) If a resolution to which this section applies was in-

troduced in the Senate before receipt of a resolution that

has passed the House of Representatives, the resolution

from the House of Representatives shall, when received in

the Senate, be placed on the calendar. If this clause ap-

plies, the procedures in the Senate with respect to a reso-

lution introduced in the Senate that contains the identical

matter as the resolution that passed the House of Rep-

resentatives shall be the same as if no resolution had been

received from the House of Representatives, except that

the vote on passage in the Senate shall be on the resolu-

tion that passed the House of Representatives.

(B) If the Senate passes a resolution before receiving

from the House of Representatives a joint resolution that

contains the identical matter, the joint resolution shall be

held at the desk pending receipt of the joint resolution

from the House of Representatives. Upon receipt of the

joint resolution from the House of Representatives, such

joint resolution shall be deemed to be read twice, consid-

ered, read the third time, and passed.

(2) If the texts of joint resolutions described in section 152

or 153(a), whichever is applicable, concerning any matter are

not identical—

(A) the Senate shall vote passage on the resolution in-

troduced in the Senate, and

(B) the text of the joint resolution passed by the Sen-

ate shall, immediately upon its passage (or, if later, upon

receipt of the joint resolution passed by the House), be

substituted for the text of the joint resolution passed by

the House of Representatives, and such resolution, as

amended, shall be returned with a request for a conference

between the two Houses.

(3) Consideration in the Senate of any veto message with

respect to a joint resolution described in subsection (a)(2)(B) or

section 153(a), including consideration of all debatable motions

and appeals in connection therewith, shall be limited to 10

hours, to be equally divided between, and controlled by, the

majority leader and the minority leader or their designees.

ø19 U.S.C. 2192¿

SEC. 153. RESOLUTIONS RELATING TO EXTENSION OF WAIVER AU-

THORITY UNDER SECTION 402.

(a) C

ONTENTS OF

ESOLUTION

.—For purposes of this section,

the term ‘‘resolution’’ means only a joint resolution of the two

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00042 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

43 Sec. 153 TRADE ACT OF 1974

Houses of Congress, the matter after the resolving clause of which

is as follows: ‘‘That the Congress does not approve the extension of

the authority contained in section 402(c) of the Trade Act of 1974

recommended by the President to the Congress on

llllllll with respect to llllllll.’’, with the first

blank space being filled with the appropriate date, and the second

blank space being filled with the names of those countries, if any,

with respect to which such extension of authority is not approved,

and with the clause beginning with ‘‘with respect to’’ being omitted

if the extension of the authority is not approved with respect to any

country.

(b) A

PPLICATION OF

ULES OF

ECTION

152; E

XCEPTIONS

.—

(1) Except as provided in this section, the provisions of sec-

tion 152 shall apply to resolutions described in subsection (a).

(2) In applying section 152(c)(1), all calendar days shall be

counted.

(3) That part of section 152(d)(2) which provides that no

amendment is in order shall not apply to any amendment to

a resolution which is limited to striking out or inserting the

names of one or more countries or to striking out or inserting

a with-respect-to clause. Debate in the House of Representa-

tives on any amendment to a resolution shall be limited to not

more than 1 hour which shall be equally divided between those

favoring and those opposing the amendment. A motion in the

House to further limit debate on an amendment to a resolution

is not debatable.

(4) That part of section 152(e)(4) which provides that no

amendment is in order shall not apply to any amendment to

a resolution which is limited to striking out or inserting the

names of one or more countries or to striking out or inserting

an except clause a with-respect-to clause. The time limit on a

debate on a resolution in the Senate under section 152(e)(2)

shall include all amendments to a resolution. Debate in the

Senate on any amendment to a resolution shall be limited to

not more than 1 hour, to be equally divided between, and con-

trolled by, the mover and the manager of the resolution, except

that in the event the manager of the resolution is in favor of

any such amendment, the time in opposition thereto shall be

controlled by the minority leader or his designee. The majority

leader and minority leader may from time under their control

on the passage of a resolution, allot additional time to any Sen-

ator during the consideration of any amendment. A motion in

the Senate to further limit debate on an amendment to a reso-

lution is not debatable.

ONSIDERATION OF

ECOND

ESOLUTION

OT IN

RDER

.—

It shall not be in order in either the House of Representatives or

the Senate to consider a resolution with respect to a recommenda-

tion of the President under section 402(d) (other than a resolution

described in subsection (a) received from the other House), if that

House has adopted a resolution with respect to the same rec-

ommendation.

(d) P

ROCEDURES

ELATING TO

ONFERENCE

EPORTS IN THE

ENATE

.—

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00043 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

44 Sec. 154 TRADE ACT OF 1974

(1) Consideration in the Senate of the conference report on

any joint resolution described in subsection (a), including con-

sideration of all amendments in disagreement (and all amend-

ments thereto), and consideration of all debatable motions and

appeals in connection therewith, shall be limited to 10 hours,

to be equally divided between, and controlled by, the majority

leader and the minority leader or their designees. Debate on

any debatable motion or appeal related to the conference report

shall be limited to 1 hour, to be equally divided between, and

controlled by, the mover and the manager of the conference re-

port.

(2) In any case in which there are amendments in dis-

agreement, time on each amendment shall be limited to 30

minutes, to be equally divided between, and controlled by, the

manager of the conference report and the minority leader or

his designee. No amendment to any amendment in disagree-

ment shall be received unless it is a germane amendment.

ø19 U.S.C. 2193¿

SEC. 154. SPECIAL RULES RELATING TO CONGRESSIONAL PROCE-

DURES.

(a) Whenever, pursuant to section 102(e), 203(b), 402(d), or

407(a) or (b), a document is required to be transmitted to the Con-

gress, copies of such document shall be delivered to both Houses of

Congress on the same day and shall be delivered to the Clerk of

the House of Representatives if the House is not in session and to

the Secretary of the Senate if the Senate is not in session.

(b) For purposes of sections 203(c) and 407(c)(2), the 90-day pe-

riod referred to in such sections shall be computed by excluding—

(1) the days on which either House is not in session be-

cause of an adjournment of more than 3 days to a day certain

or an adjournment of the Congress sine die, and

(2) any Saturday and Sunday, not excluded under para-

graph (1), when either House is not in session.

ø19 U.S.C. 2194¿

CHAPTER 6—CONGRESSIONAL LIAISON AND

REPORTS

SEC. 161. CONGRESSIONAL ADVISERS FOR TRADE POLICY AND NEGO-

TIATIONS.

(a) S

ELECTION

.—

(1) At the beginning of each regular session of Congress,

the Speaker of the House of Representatives, upon the rec-

ommendation of the chairman of the Committee on Ways and

Means, shall select 5 members (not more than 3 of whom are

members of the same political party) of such committee, and

the President pro tempore of the Senate, upon the rec-

ommendation of the chairman of the Committee on Finance,

shall select 5 members (not more than 3 of whom are members

of the same political party) of such committee, who shall be

designated congressional advisers on trade policy and negotia-

tions. They shall provide advice on the development of trade

policy and priorities for the implementation thereof. They shall

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00044 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

45 Sec. 161 TRADE ACT OF 1974

also be accredited by the United States Trade Representative

on behalf of the President as official advisers to the United

States delegations to international conferences, meetings, and

negotiating sessions relating to trade agreements.

(2)(A) In addition to the advisers designated under para-

graph (1) from the Committee on Ways and Means and the

Committee on Finance—

(i) the Speaker of the House may select additional

members of the House, for designation as congressional ad-

visers regarding specific trade policy matters or negotia-

tions, from any other committee of the House or joint com-

mittee of Congress that has jurisdiction over legislation

likely to be affected by such matters or negotiations; and

(ii) the President pro tempore of the Senate may select

additional members of the Senate, for designation as con-

gressional advisers regarding specific trade policy matters

or negotiations, from any other committee of the Senate or

joint committee of Congress that has jurisdiction over leg-

islation likely to be affected by such matters or negotia-

tions.

Members of the House and Senate selected as congressional

advisers under this subparagraph shall be accredited by the

United States Trade Representative.

(B) Before designating any member under subparagraph

(A), the Speaker or the President pro tempore shall consult

with—

(i) the chairman and ranking member of the Com-

mittee on Ways and Means or the Committee on Finance,

as appropriate; and

(ii) the chairman and ranking minority member of the

committee from which the member will be selected.

are members of the same political party) may be selected under

this paragraph as advisers from any committee of Congress.

(b) B

RIEFING

.—

(1) The United States Trade Representative shall keep

each official adviser designated under subsection (a)(1) cur-

rently informed on matters affecting the trade policy of the

United States and, with respect to possible agreements, negoti-

ating objectives, the status of negotiations in progress, and the

nature of any changes in domestic law or the administration

thereof which may be recommended to Congress to carry out

any trade agreement or any requirement of, amendment to, or

recommendation under, such agreement.

(2) The United States Trade Representative shall keep

each official adviser designated under subsection (a)(2) cur-

rently informed regarding the trade policy matters and nego-

tiations with respect to which the adviser is designated.

(3)(A) The chairmen of the Committee on Ways and Means

and the Committee on Finance may designate members (in ad-

dition to the official advisers under subsection (a)(1)) and staff

members of their respective committees who shall have access

to the information provided to official advisers under para-

graph (1).

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00045 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

46 Sec. 162 TRADE ACT OF 1974

(B) The Chairman of any committee of the House or Sen-

ate or any joint committee of Congress from which official ad-

visers are selected under subsection (a)(2) may designate other

members of such committee, and staff members of such com-

mittee, who shall have access to the information provided to of-

ficial advisers under paragraph (2).

OMMITTEE

ONSULTATION

.—The United States Trade Rep-

resentative shall consult on a continuing basis with the Committee

on Ways and Means of the House of Representatives, the Com-

mittee on Finance of the Senate, and the other appropriate commit-

tees of the House and Senate on the development, implementation,

and administration of overall trade policy of the United States.

Such consultations shall include, but are not limited to, the fol-

lowing elements of such policy:

(1) The principal multilateral and bilateral negotiating ob-

jectives and the progress being made toward their achieve-

ment.

(2) The implementation, administration, and effectiveness

of recently concluded multilateral and bilateral trade agree-

ments and resolution of trade disputes.

(3) The actions taken, and proposed to be taken, under the

trade laws of the United States and the effectiveness, or antici-

pated effectiveness, of such actions in achieving trade policy

objectives.

(4) The important developments and issues in other areas

of trade for which there must be developed proper policy re-

sponse.

When necessary, meetings shall be held with each Committee in

executive session to review matters under negotiation.

ø19 U.S.C. 2211¿

SEC. 162. TRANSMISSION OF AGREEMENTS TO CONGRESS.

(a) As soon as practicable after a trade agreement entered into

under section 123 or 124 or under section 103 of the Bipartisan

Congressional Trade Priorities and Accountability Act of 2015 has

entered into force with respect to the United States, the President

shall, if he has not previously done so, transmit a copy of such

trade agreement to each House of the Congress together with a

statement, in the light of the advice of the International Trade

Commission under section 131(b), if any, and of other relevant con-

siderations, of his reasons for entering into the agreement.

(b) The President shall transmit to each Member of the Con-

gress a summary of the information required to be transmitted to

each House under subsection (a). For purposes of this subsection,

the term ‘‘Member’’ includes any Delegate or Resident Commis-

sioner.

ø19 U.S.C. 2212¿

SEC. 163. REPORTS.

(a) A

NNUAL

EPORT ON

RADE

GREEMENTS

ROGRAM AND

TIONAL

RADE

OLICY

GENDA

.—

(1) The President shall submit to the Congress during each

calendar year (but not later than March 1 of that year) a re-

port on—

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00046 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

47 Sec. 163 TRADE ACT OF 1974

(A) the operation of the trade agreements program,

and the provision of import relief and adjustment assist-

ance to workers and firms, under this Act during the pre-

ceding calendar year; and

(B) the national trade policy agenda for the year in

which the report is submitted.

(2) The report shall include, with respect to the matters re-

ferred to in paragraph (1)(A), information regarding—

(A) new trade negotiations;

(B) changes made in duties and nontariff barriers and

other distortions of trade of the United States;

(D) changes in trade agreements (including the incor-

poration therein of actions taken for import relief and com-

pensation provided therefor);

(E) the extension or withdrawal of nondiscriminatory

treatment by the United States with respect to the prod-

ucts of foreign countries;

(F) the extension, modification, withdrawal, suspen-

sion, or limitation of preferential treatment to exports of

developing countries;

(G) the results of actions to obtain the removal of for-

eign trade restrictions (including discriminatory restric-

tions) against United States exports and the removal of

foreign practices which discriminate against United States

service industries (including transportation and tourism)

and investment;

(H) the measures being taken to seek the removal of

other significant foreign import restrictions;

(I) each of the referrals made under section

141(d)(1)(B) and any action taken with respect to such re-

ferral;

(J) other information relating to the trade agreements

program and to the agreements entered into thereunder;

(K) the number of applications filed for adjustment as-

sistance for workers and firms, the number of such appli-

cations which were approved, and the extent to which ad-

justment assistance has been provided under such ap-

proved applications; and

(L) the operation of the Interagency Center on Trade

Implementation, Monitoring, and Enforcement established

under section 141(h), including—

(i) information relating to the personnel of the

Center, including a description of any employees de-

tailed or assigned to the Center by a Federal agency

under paragraph (3)(B) of such section;

(ii) information relating to the functions of the

Center; and

(iii) an assessment of the operating costs of the

Center.

(3)(A) The national trade policy agenda required under

paragraph (1)(B) for the year in which a report is submitted

shall be in the form of a statement of—

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00047 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

48 Sec. 163 TRADE ACT OF 1974

(i) the trade policy objectives and priorities of the

United States for the year, and the reasons therefor;

(ii) the actions proposed, or anticipated, to be under-

taken during the year to achieve such objectives and prior-

ities, including, but not limited to, actions authorized

under the trade laws and negotiations with foreign coun-

tries;

(iii) any proposed legislation necessary or appropriate

to achieve any of such objectives or priorities; and

(iv) the progress that was made during the preceding

year in achieving the trade policy objectives and priorities

included in the statement provided for that year under

this paragraph.

(B) The President may separately submit any information

referred to in subparagraph (A) to the Congress in confidence

if the President considers confidentiality appropriate.

any year, the President shall seek advice from the appropriate

advisory committees established under section 135 and shall

consult with the appropriate committees of the Congress.

(D) The United States Trade Representative (hereafter re-

ferred to in this section as the ‘‘Trade Representative‘‘’’) and

other appropriate officials of the United States Government

shall consult periodically with the appropriate committees of

the Congress regarding the annual objectives and priorities set

forth in each national trade policy agenda with respect to—

(i) the status and results of the actions that have been

undertaken to achieve the objectives and priorities; and

(ii) any development which may require, or result in,

changes to any of such objectives or priorities.

(b) A

NNUAL

RADE

ROJECTION

EPORT

.—

(1) In order for the Congress to be informed of the impact

of foreign trade barriers and macroeconomic factors on the bal-

ance of trade of the United States, the Trade Representative

and the Secretary of the Treasury shall jointly prepare and

submit to the Committee on Finance of the Senate and the

Committee on Ways and Means of the House of Representa-

tives (hereafter referred to in this subsection as the ‘‘Commit-

tees’’) on or before March 1 of each year a report which consists

of—

(A) a review and analysis of—

(i) the merchandise balance of trade,

(ii) the goods and services balance of trade,

(iii) the balance on the current account,

(iv) the external debt position,

(v) the exchange rates,

(vi) the economic growth rates,

(vii) the deficit or surplus in the fiscal budget, and

(viii) the impact on United States trade of market

barriers and other unfair practices,

of countries that are major trading partners of the United

States, including, as appropriate, groupings of such coun-

tries;

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00048 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

49 Sec. 163 TRADE ACT OF 1974

(B) projections for each of the economic factors de-

scribed in subparagraph (A) (except those described in

clauses (v) and (viii)) for each of the countries and groups

of countries referred to in subparagraph (A) for the year in

which the report is submitted and for the succeeding year;

and

projections referred to in subparagraph (B), for policy

changes, including trade policy, exchange rate policy, fiscal

policy, and other policies that should be implemented to

improve the outlook.

(2) To the extent that subjects referred to in paragraph (1)

(A), (B), or (C) are covered in the national trade policy agenda

required under subsection (a)(1)(B) or in other reports required

by this Act or other law, the Trade Representative and the Sec-

retary of the Treasury may, as appropriate, draw on the infor-

mation, analysis, and conclusions, if any, in those reports for

the purposes of preparing the report required by this sub-

section.

(3) The Trade Representative and the Secretary of the

Treasury shall consult with the Chairman of the Board of Gov-

ernors of the Federal Reserve System in the preparation of

each report required under this subsection.

(4) The Trade Representative and the Secretary of the

Treasury may separately submit any information, analysis, or

conclusion referred to in paragraph (1) to the Committees in

confidence if the Trade Representative and the Secretary con-

sider confidentiality appropriate.

(5) After submission of each report required under para-

graph (1), the Trade Representative and the Secretary of the

Treasury shall consult with each of the Committees with re-

spect to the report.

EPORTS

.—The United States International Trade

Commission shall submit to the Congress, at least once a year, a

factual report on the operation of the trade agreements program.

(d) Q

UADRENNIAL

LAN AND

EPORT

.—

(1) Q

UADRENNIAL PLAN

.—Pursuant to the goals and objec-

tives of the strategic plan of the Office of the United States

Trade Representative as required under section 306 of title 5,

United States Code, the Trade Representative shall, every 4

years, develop a plan—

(A) to analyze internal quality controls and record

management of the Office;

(B) to identify existing staff of the Office and new staff

that will be necessary to support the trade negotiation and

enforcement functions and powers of the Office (including

those functions and powers of the Trade Policy Staff Com-

mittee) as described in section 141 and section 301;

other Federal agencies who will be required to be detailed

or assigned to support interagency programs led by the

Trade Representative, including any associated expenses;

(D) to provide an outline of budget justifications, in-

cluding salaries and expenses as well as nonpersonnel ad-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00049 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

50 Sec. 171 TRADE ACT OF 1974

ministrative expenses, for the fiscal years required under

the strategic plan; and

(E) to provide an outline of budget justifications, in-

cluding salaries and expenses as well as nonpersonnel ad-

ministrative expenses, for interagency programs led by the

Trade Representative for the fiscal years required under

the strategic plan.

(2) R

EPORT

.—

(A) I

N GENERAL

.—The Trade Representative shall sub-

mit to the appropriate congressional committees a report

that contains the plan required under paragraph (1). Ex-

cept as provided in subparagraph (B), the report required

under this subparagraph shall be submitted in conjunction

with the strategic plan of the Office as required under sec-

tion 306 of title 5, United States Code.

(B) E

XCEPTION

.—The Trade Representative shall sub-

mit to the appropriate congressional committees an initial

report that contains the plan required under paragraph (1)

not later than June 1, 2016.

PPROPRIATE CONGRESSIONAL COMMITTEES DE

FINED

.—In this paragraph, the term ‘‘appropriate congres-

sional committees’’ means—

(i) the Committee on Finance and the Committee

on Appropriations of the Senate; and

(ii) the Committee on Ways and Means and the

Committee on Appropriations of the House of Rep-

resentatives.

ø19 U.S.C. 2213¿

CHAPTER 7—UNITED STATES INTERNATIONAL

TRADE COMMISSION

SEC. 171. CHANGE OF NAME OF TARIFF COMMISSION.

(a) The United States Tariff Commission (established by sec-

tion 330 of the Tariff Act of 1930) is renamed as the United States

International Trade Commission.

(b) Any reference in any law of the United States, or in any

order, rule, regulation, or other document, to the United States

Tariff Commission for the Tariff Commission) shall be considered

to refer to the United States International Trade Commission.

ø19 U.S.C. 2231¿

* * * * * * *

CHAPTER 8—IDENTIFICATION OF MARKET BARRIERS

AND CERTAIN UNFAIR TRADE ACTIONS

SEC. 181. ESTIMATES OF BARRIERS TO MARKET ACCESS.

(a) N

ATIONAL

RADE

STIMATES

.—

(1) I

N GENERAL

.—For calendar year 1988, and for each suc-

ceeding calendar year, the United States Trade Representative,

through the interagency trade organization established pursu-

ant to section 242(a) of the Trade Expansion Act of 1962, and

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00050 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

51 Sec. 181 TRADE ACT OF 1974

with the assistance of the interagency advisory committee es-

tablished under section 141(d)(2), shall—

(A) identity and analyze acts, policies, or practices of

each foreign country which constitute significant barriers

to, or distortions of—

(i) United States exports of goods or services (in-

cluding agricultural commodities; and property pro-

tected by trademarks, patents, and copyrights ex-

ported or licensed by United States persons),

(ii) foreign direct investment by United States per-

sons, especially if such investment has implications for

trade in goods or services, and

(iii) United States electronic commerce,

(B) make an estimate of the trade-distorting impact on

United States commerce of any act, policy, or practice

identified under subparagraph (A), and

(i) the value of additional goods and services of

the United States,

(ii) the value of additional foreign direct invest-

ment by United States persons, and

(iii) the value of additional United States elec-

tronic commerce,

that would have been exported to, or invested in, or trans-

acted with, each foreign country during such calendar year

if each of such acts, policies, and practices of such country

did not exist.

(2) C

ERTAIN FACTORS TAKEN INTO ACCOUNT IN MAKING

ANALYSIS AND ESTIMATE

.—In making any analysis or estimate

under paragraph (1), the Trade Representative shall take into

account—

(A) the relative impact of the act, policy, or practice on

United States commerce;

(B) the availability of information to document prices,

market shares, and other matters necessary to dem-

onstrate the effects of the act, policy, or practice;

subject to international agreements to which the United

States is a party;

(D) any advice given through appropriate committees

established pursuant to section 135; and

(E) the actual increase in—

(i) the value of goods and services of the United

States exported to,

(ii) the value of foreign direct investment made in,

and

(iii) the value of electronic commerce transacted

with,

the foreign country during the calendar year for which the

estimate under paragraph (1)(C) is made.

(3) I

NCLUSION OF CERTAIN DISCRIMINATORY LAWS

POLICIES

AND PRACTICES OF THE RUSSIAN FEDERATION

.—For calender

year 2012 and each succeeding calendar year, the Trade Rep-

resentative shall include in the analyses and estimates under

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00051 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

52 Sec. 181 TRADE ACT OF 1974

paragraph (1) an identification and analysis of any laws, poli-

cies, or practices of the Russian Federation that deny fair and

equitable market access to United States digital trade.

(4) A

NNUAL REVISIONS AND UPDATES

.—The Trade Rep-

resentative shall annually revise and update the analysis and

estimate under paragraph (1).

(b) R

EPORT TO

ONGRESS

.—

(1) On or before April 30, 1989, and on or before March 31

of each succeeding calendar year, the Trade Representative

shall submit a report on the analysis and estimates made

under subsection (a) for the calendar year preceding such cal-

endar year (which shall be known as the ‘‘National Trade Esti-

mate’’) to the President, the Committee on Finance of the Sen-

ate, and appropriate committees of the House of Representa-

tives.

(2) R

EPORTS TO INCLUDE INFORMATION WITH RESPECT TO

ACTION BEING TAKEN

.—The Trade Representative shall include

in each report submitted under paragraph (1) information with

respect to any action taken (or the reasons for no action taken)

to eliminate any act, policy, or practice identified under sub-

section (a), including, but not limited to—

(A) any action under section 301,

(B) negotiations or consultations with foreign govern-

ments, or

toleration of which by foreign governments is adversely af-

fecting exports of United States goods or services.

(3) C

ONSULTATION WITH CONGRESS ON TRADE POLICY PRIOR

ITIES

.—The Trade Representative shall keep the committees

described in paragraph (1) currently informed with respect to

trade policy priorities for the purposes of expanding market op-

portunities. After the submission of the report required by

paragraph (1), the Trade Representative shall also consult pe-

riodically with, and take into account the views of, the commit-

tees described in that paragraph regarding means to address

the foreign trade barriers identified in the report, including the

possible initiation of investigations under section 302 or other

trade actions.

SSISTANCE OF

THER

GENCIES

.—

(1) F

URNISHING OF INFORMATION

.—The head of each de-

partment or agency of the executive branch of the Government,

including any independent agency, is authorized and directed

to furnish to the Trade Representative or to the appropriate

agency, upon request, such data, reports, and other informa-

tion as is necessary for the Trade Representative to carry out

his functions under this section. In preparing the section of the

report required by subsection (b)(2)(C), the Trade Representa-

tive shall consult in particular with the Attorney General.

(2) R

ESTRICTIONS ON RELEASE OR USE OF INFORMATION

.—

Nothing in this subsection shall authorize the release of infor-

mation to, or the use of information by, the Trade Representa-

tive in a manner inconsistent with law or any procedure estab-

lished pursuant thereto.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00052 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

53 Sec. 182 TRADE ACT OF 1974

(3) P

ERSONNEL AND SERVICES

.—The head of any depart-

ment, agency, or instrumentality of the United States may de-

tail such personnel and may furnish such services, with or

without reimbursement, as the Trade Representative may re-

quest to assist in carrying out his functions.

(d) E

LECTRONIC

OMMERCE

.—For purposes of this section, the

term ‘‘electronic commerce’’ has the meaning given that term in

section 1104(3) of the Internet Tax Freedom Act.

ø19 U.S.C. 2241¿

SEC. 182. IDENTIFICATION OF COUNTRIES THAT DENY ADEQUATE

PROTECTION, OR MARKET ACCESS, FOR INTELLECTUAL

PROPERTY RIGHTS.

(a) I

ENERAL

.—By no later than the date that is 30 days

after the date on which the annual report is submitted to Congres-

sional committees under section 181(b), the United States Trade

Representative (hereafter in this section referred to as the ‘‘Trade

Representative’’) shall identify—

(1) those foreign countries that—

(A) deny adequate and effective protection of intellec-

tual property rights, or

(B) deny fair and equitable market access to United

States persons that rely upon intellectual property protec-

tion, and

(2) those foreign countries identified under paragraph (1)

that are determined by the Trade Representative to be priority

foreign countries.

(b) S

PECIAL

ULES FOR

DENTIFICATIONS

.—

(1) In identifying priority foreign countries under sub-

section (a)(2), the Trade Representative shall only identify

those foreign countries—

(A) that have the most onerous or egregious acts, poli-

cies, or practices that—

(i) deny adequate and effective intellectual prop-

erty rights, or

(ii) deny fair and equitable market access to

United States persons that rely upon intellectual prop-

erty protection,

(B) whose acts, policies, or practices described in sub-

paragraph (A) have the greatest adverse impact (actual or

potential) on the relevant United States products, and

(i) entering into good faith negotiations, or

(ii) making significant progress in bilateral or

multilateral negotiations,

to provide adequate and effective protection of intellectual

property rights.

(2) In identifying priority foreign countries under sub-

section (a)(2), the Trade Representative shall—

(A) consult with the Register of Copyrights, the Under

Secretary of Commerce for Intellectual Property and Direc-

tor of the United States Patent and Trademark Office,

other appropriate officers of the Federal Government, and

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00053 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

54 Sec. 182 TRADE ACT OF 1974

(B) take into account information from such sources as

may be available to the Trade Representative and such in-

formation as may be submitted to the Trade Representa-

tive by interested persons, including information contained

in reports submitted under section 181(b) and petitions

submitted under section 302.

(3) The Trade Representative may identify a foreign coun-

try under subsection (a)(1)(B) only if the Trade Representative

finds that there is a factual basis for the denial of fair and eq-

uitable market access as a result of the violation of inter-

national law or agreement, or the existence of barriers, re-

ferred to in subsection (d)(3).

(4) In identifying foreign countries under paragraphs (1)

and (2) of subsection (a), the Trade Representative shall take

into account—

(A) the history of intellectual property laws and prac-

tices of the foreign country, including any previous identi-

fication under subsection (a)(2), and

(B) the history of efforts of the United States, and the

response of the foreign country, to achieve adequate and

effective protection and enforcement of intellectual prop-

erty rights.

EVOCATIONS AND

DDITIONAL

DENTIFICATIONS

.—

(1) The Trade Representative may at any time—

(A) revoke the identification of any foreign country as

a priority foreign country under this section, or

(B) identify any foreign country as a priority foreign

country under this section,

if information available to the Trade Representative indicates

that such action is appropriate.

(2) The Trade Representative shall include in the semi-

annual report submitted to the Congress under section 309(3)

a detailed explanation of the reasons for the revocation under

paragraph (1) of the identification of any foreign country as a

priority foreign country under this section.

(d) D

EFINITIONS

.—For purposes of this section—

(1) The term ‘‘persons that rely upon intellectual property

protection’’ means persons involved in—

(A) the creation, production or licensing of works of

authorship (within the meaning of sections 102 and 103 of

title 17, United States Code) that are copyrighted, or

(B) the manufacture of products that are patented or

for which there are process patents.

(2) A foreign country denies adequate and effective protec-

tion of intellectual property rights if the foreign country denies

adequate and effective means under the laws of the foreign

country for persons who are not citizens or nationals of such

foreign country to secure, exercise, and enforce rights relating

to patents, process patents, registered trademarks, copyrights,

trade secrets, and mask works.

(3) A foreign country denies fair and equitable market ac-

cess if the foreign country effectively denies access to a market

for a product protected by a copyright or related right, patent,

trademark, mask work, trade secret, or plant breeder’s right,

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00054 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

55 Sec. 182 TRADE ACT OF 1974

Section 506(a)(1) of Public Law 116–113 provides for an amendment to section 182(f)(1)(C)

by striking ‘‘article 2106 of the North American Free Trade Agreement’’ and inserting ‘‘ article

32.6 of the USMCA (as defined in section 3 of the United States-Mexico-Canada Agreement Im-

plementation Act)’’. Subsection (b) of section 506 of such Public Law provides ‘‘[t}he amendment

made by subsection (a) shall take effect on the date on which the USMCA enters into force.’’.

Section 506(a)(2) of Public Law 116–113 provides for an amendment to section 182(f)(2) by

striking ‘‘article 2106 of the North American Free Trade Agreement’’ and inserting ‘‘article 32.6

of the USMCA’’. Subsection (b) of section 506 of such Public Law provides ‘‘[t}he amendment

made by subsection (a) shall take effect on the date on which the USMCA enters into force.’’.

through the use of laws, procedures, practices, or regulations

which—

(A) violate provisions of international law or inter-

national agreements to which both the United States and

the foreign country are parties, or

(B) constitute discriminatory nontariff trade barriers.

(4) A foreign country may be determined to deny adequate

and effective protection of intellectual property rights, notwith-

standing the fact that the foreign country may be in compli-

ance with the specific obligations of the Agreement on Trade-

Related Aspects of Intellectual Property Rights referred to in

section 101(d)(15) of the Uruguay Round Agreements Act.

(e) P

UBLICATION

.—The Trade Representative shall publish in

the Federal Register a list of foreign countries identified under sub-

section (a) and shall make such revisions to the list as may be re-

quired by reason of action under subsection (c).

(f) S

PECIAL

ULE FOR

CTIONS

FFECTING

NITED

TATES

TURAL

NDUSTRIES

.—

(1) I

N GENERAL

.—By no later than the date that is 30 days

after the date on which the annual report is submitted to Con-

gressional committees under section 181(b), the Trade Rep-

resentative shall identify any act, policy, or practice of Canada

which—

(A) affects cultural industries,

(B) is adopted or expanded after December 17, 1992,

and

ican Free Trade Agreement

(2) S

PECIAL RULES FOR IDENTIFICATIONS

.—For purposes of

section 302(b)(2)(A), an act, policy, or practice identified under

this subsection shall be treated as an act, policy, or practice

that is the basis for identification of a country under sub-

section (a)(2), unless the United States has already taken ac-

tion pursuant to article 2106 of the North American Free

Trade Agreement

in response to such act, policy, or practice.

In deciding whether to identify an act, policy, or practice under

paragraph (1), the Trade Representative shall—

(A) consult with and take into account the views of

representatives of the relevant domestic industries, appro-

priate committees established pursuant to section 135, and

appropriate officers of the Federal Government, and

(B) take into account the information from such

sources as may be available to the Trade Representative

and such information as may be submitted to the Trade

Representative by interested persons, including informa-

tion contained in reports submitted under section 181(b).

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00055 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

56 Sec. 182 TRADE ACT OF 1974

(3) C

ULTURAL INDUSTRIES

.—For purposes of this sub-

section, the term ‘‘cultural industries’’ means persons engaged

in any of the following activities:

(A) The publication, distribution, or sale of books,

magazines, periodicals, or newspapers in print or machine

readable form but not including the sole activity of print-

ing or typesetting any of the foregoing.

(B) The production, distribution, sale, or exhibition of

film or video recordings.

audio or video music recordings.

(D) The publication, distribution, or sale of music in

print or machine readable form.

(E) Radio communications in which the transmissions

are intended for direct reception by the general public, and

all radio, television, and cable broadcasting undertakings

and all satellite programming and broadcast network serv-

ices.

(g) S

PECIAL

ULES FOR

OREIGN

OUNTRIES ON THE

RIORITY

ATCH

IST

.—

(1) A

CTION PLANS

.—

(A) I

N GENERAL

.—Not later than 90 days after the

date on which the Trade Representative submits the Na-

tional Trade Estimate under section 181(b), the Trade Rep-

resentative shall develop an action plan described in sub-

paragraph (C) with respect to each foreign country de-

scribed in subparagraph (B).

(B) F

OREIGN COUNTRY DESCRIBED

.—The Trade Rep-

resentative shall develop an action plan under subpara-

graph (A) with respect to each foreign country that—

(i) the Trade Representative has identified for

placement on the priority watch list; and

(ii) has remained on such list for at least one year.

CTION PLAN DESCRIBED

.—An action plan devel-

oped under subparagraph (A) shall contain the bench-

marks described in subparagraph (D) and be designed to

assist the foreign country—

(i) to achieve—

(I) adequate and effective protection of intel-

lectual property rights; and

(II) fair and equitable market access for

United States persons that rely upon intellectual

property protection; or

(ii) to make significant progress toward achieving

the goals described in clause (i).

(D) B

ENCHMARKS DESCRIBED

.—The benchmarks con-

tained in an action plan developed pursuant to subpara-

graph (A) are such legislative, institutional, enforcement,

or other actions as the Trade Representative determines to

be necessary for the foreign country to achieve the goals

described in clause (i) or (ii) of subparagraph (C).

(2) F

AILURE TO MEET ACTION PLAN BENCHMARKS

.—If, as of

one year after the date on which an action plan is developed

under paragraph (1)(A), the President, in consultation with the

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00056 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

57 Sec. 201 TRADE ACT OF 1974

Trade Representative, determines that the foreign country to

which the action plan applies has not substantially complied

with the benchmarks described in paragraph (1)(D), the Presi-

dent may take appropriate action with respect to the foreign

country.

(3) P

RIORITY WATCH LIST DEFINED

.—In this subsection, the

term ‘‘priority watch list’’ means the priority watch list estab-

lished by the Trade Representative pursuant to subsection (a).

(h) A

NNUAL

EPORT

.—Not later than 30 days after the date on

which the Trade Representative submits the National Trade Esti-

mate under section 181(b), the Trade Representative shall submit

to the Committee on Ways and Means of the House of Representa-

tives and the Committee on Finance of the Senate a report on ac-

tions taken under this section during the 12 months preceding such

report, and the reasons for such actions, including—

(1) a list of any foreign countries identified under sub-

section (a);

(2) a description of progress made in achieving improved

intellectual property protection and market access for persons

relying on intellectual property rights; and

(3) a description of the action plans developed under sub-

section (g) and any actions taken by foreign countries under

such plans.

ø19 U.S.C. 2242¿

TITLE II—RELIEF FROM INJURY

CAUSED BY IMPORT COMPETITION

CHAPTER 1—POSITIVE ADJUSTMENT BY INDUSTRIES

INJURED BY IMPORTS

SEC. 201. ACTION TO FACILITATE POSITIVE ADJUSTMENT TO IMPORT

COMPETITION.

(a) P

RESIDENTIAL

CTION

.—If the United States International

Trade Commission (hereinafter referred to in this chapter as the

‘‘Commission’’) determines under section 202(b) that an article is

being imported into the United States in such increased quantities

as to be a substantial cause of serious injury, or the threat thereof,

to the domestic industry producing an article like or directly com-

petitive with the imported article, the President, in accordance

with this chapter, shall take all appropriate and feasible action

within his power which the President determines will facilitate ef-

forts by the domestic industry to make a positive adjustment to im-

port competition and provide greater economic and social benefits

than costs.

(b) P

OSITIVE

DJUSTMENT TO

MPORT

OMPETITION

.—

(1) For purposes of this chapter, a positive adjustment to

import competition occurs when—

(A) the domestic industry—

(i) is able to compete successfully with imports

after actions taken under section 204 terminate, or

(ii) the domestic industry experiences an orderly

transfer of resources to other productive pursuits; and

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00057 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

58 Sec. 202 TRADE ACT OF 1974

(B) dislocated workers in the industry experience an

orderly transition to productive pursuits.

(2) The domestic industry may be considered to have made

a positive adjustment to import competition even though the

industry is not of the same size and composition as the indus-

try at the time the investigation was initiated under section

202(b).

ø19 U.S.C. 2251¿

SEC. 202. INVESTIGATIONS, DETERMINATIONS, AND RECOMMENDA-

TIONS BY COMMISSION.

(a) P

ETITIONS AND

DJUSTMENT

LANS

.—

(1) A petition requesting action under this chapter for the

purpose of facilitating positive adjustment to import competi-

tion may be filed with the Commission by an entity, including

a trade association, firm, certified or recognized union, or

group of workers, which is representative of an industry.

(2) A petition under paragraph (1)—

(A) shall include a statement describing the specific

purposes for which action is being sought, which may in-

clude facilitating the orderly transfer of resources to more

productive pursuits, enhancing competitiveness, or other

means of adjustment to new conditions of competition; and

(B) may—

(i) subject to subsection (d)(1)(C)(i), request provi-

sional relief under subsection (d)(1); or

(ii) request provisional relief under subsection

(d)(2).

(3) Whenever a petition is filed under paragraph (1), the

Commission shall promptly transmit copies of the petition to

the Office of the United States Trade Representative and other

Federal agencies directly concerned.

(4) A petitioner under paragraph (1) may submit to the

Commission and the United States Trade Representative

(hereafter in this chapter referred to as the ‘‘Trade Representa-

tive’’), either with the petition, or at any time within 120 days

after the date of filing of the petition, a plan to facilitate posi-

tive adjustment to import competition.

(5)(A) Before submitting an adjustment plan under para-

graph (4), the petitioner and other entities referred to in para-

graph (1) that wish to participate may consult with the Trade

Representative and the officers and employees of any Federal

agency that is considered appropriate by the Trade Represent-

ative, for purposes of evaluating the adequacy of the proposals

being considered for inclusion in the plan in relation to specific

actions that may be taken under this chapter.

(B) A request for any consultation under subparagraph (A)

must be made to the Trade Representative. Upon receiving

such a request, the Trade Representative shall confer with the

petitioner and provide such assistance, including publication of

appropriate notice in the Federal Register, as may be prac-

ticable in obtaining other participants in the consultation. No

consultation may occur under subparagraph (A) unless the

Trade Representative, or his delegate, is in attendance.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00058 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

59 Sec. 202 TRADE ACT OF 1974

References to Korea, Columbia, and Panama in the first sentence of section 202(a)(8) were

carried out as amended by Public Laws 112–41 through 112–43. Section 107(a) of each of such

Public Laws provides that ‘‘[e]xcept as provided in subsection (b), this Act and the amendments

made by this Act take effect on the date on which the Agreement enters into force’’, which these

amendments shown above are subject to such Agreement entering into force.

(6)(A) In the course of any investigation under subsection

(b), the Commission shall seek information (on a confidential

basis, to the extent appropriate) on actions being taken, or

planned to be taken, or both, by firms and workers in the in-

dustry to make a positive adjustment to import competition.

(B) Regardless whether an adjustment plan is submitted

under paragraph (4) by the petitioner, if the Commission

makes an affirmative determination under subsection (b),

any—

(i) firm in the domestic industry;

(ii) certified or recognized union or group of workers in

the domestic industry;

(iii) State or local community;

(iv) trade association representing the domestic indus-

try; or

(v) any other person or group of persons,

may, individually, submit to the Commission commitments re-

garding actions such persons and entities intend to take to fa-

cilitate positive adjustment to import competition.

(7) Nothing in paragraphs (5) and (6) may be construed to

provide immunity under the antitrust laws.

(8) The procedures concerning the release of confidential

business information set forth in section 332(g) of the Tariff

Act of 1930 shall apply with respect to information received by

the Commission in the course of investigations conducted

under this chapter, part 1 of title III of the North American

Free Trade Agreement Implementation Act, title II of the

United States-Jordan Free Trade Area Implementation Act,

title III of the United States-Chile Free Trade Agreement Im-

plementation Act, title III of the United States-Singapore Free

Trade Agreement Implementation Act, title III of the United

States-Australia Free Trade Agreement Implementation Act,

title III of the United States-Morocco Free Trade Agreement

Implementation Act, title III of the Dominican Republic-Cen-

tral America-United States Free Trade Agreement Implemen-

tation Act, title III of the United States-Bahrain Free Trade

Agreement Implementation Act, title III of the United States-

Oman Free Trade Agreement Implementation Act, title III of

the United States-Peru Trade Promotion Agreement Imple-

mentation Act, title III of the United States–Korea Free Trade

Agreement Implementation Act, title III of the United States–

Colombia Trade Promotion Agreement Implementation Act,,

title III of the United States-Panama Trade Promotion Agree-

ment Implementation Act, and subtitle C of title III of the

United States-Mexico-Canada Agreement Implementation

Act

. The Commission may request that parties providing con-

fidential business information furnish nonconfidential sum-

maries thereof or, if such parties indicate that the information

in the submission cannot be summarized, the reasons why a

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00059 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

60 Sec. 202 TRADE ACT OF 1974

summary cannot be provided. If the Commission finds that a

request for confidentiality is not warranted and if the party

concerned is either unwilling to make the information public or

to authorize its disclosure in generalized or summarized form,

the Commission may disregard the submission.

(b) I

NVESTIGATIONS AND

ETERMINATIONS BY

OMMISSION

.—

(1)(A) Upon the filing of a petition under subsection (a),

the request of the President or the Trade Representative, the

resolution of either the Committee on Ways and Means of the

House of Representatives or the Committee on Finance of the

Senate, or on its own motion, the Commission shall promptly

make an investigation to determine whether an article is being

imported into the United States in such increased quantities as

to be a substantial cause of serious injury, or the threat there-

of, to the domestic industry producing an article like or directly

competitive with the imported article.

(B) For purposes of this section, the term ‘‘substantial

cause’’ means a cause which is important and not less than

any other cause.

(2)(A) Except as provided in subparagraph (B), the Com-

mission shall make the determination under paragraph (1)

within 120 days (180 days if the petition alleges that critical

circumstances exist) after the date on which the petition is

filed, the request or resolution is received, or the motion is

adopted, as the case may be.

(B) If before the 100th day after a petition is filed under

subsection (a)(1) the Commission determines that the inves-

tigation is extraordinarily complicated, the Commission shall

make the determination under paragraph (1) within 150 days

(210 days if the petition alleges that critical circumstances

exist) after the date referred to in subparagraph (A).

(3) The Commission shall publish notice of the commence-

ment of any proceeding under this subsection in the Federal

public hearings at which the Commission shall afford inter-

ested parties and consumers an opportunity to be present, to

present evidence, to comment on the adjustment plan, if any,

submitted under subsection (a), to respond to the presentations

of other parties and consumers, and otherwise to be heard.

ACTORS

PPLIED IN

AKING

ETERMINATIONS

.—

(1) In making determinations under subsection (b), the

Commission shall take into account all economic factors which

it considers relevant, including (but not limited to)—

(A) with respect to serious injury—

(i) the significant idling of productive facilities in

the domestic industry,

(ii) the inability of a significant number of firms

to carry out domestic production operations at a rea-

sonable level of profit, and

(iii) significant unemployment or underemploy-

ment within the domestic industry;

(B) with respect to threat of serious injury—

(i) a decline in sales or market share, a higher and

growing inventory (whether maintained by domestic

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00060 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

61 Sec. 202 TRADE ACT OF 1974

producers, importers, wholesalers, or retailers), and a

downward trend in production, profits, wages, produc-

tivity, or employment (or increasing underemploy-

ment) in the domestic industry,

(ii) the extent to which firms in the domestic in-

dustry are unable to generate adequate capital to fi-

nance the modernization of their domestic plants and

equipment, or are unable to maintain existing levels of

expenditures for research and development,

(iii) the extent to which the United States market

is the focal point for the diversion of exports of the ar-

ticle concerned by reason of restraints on exports of

such article to, or on imports of such article into, third

country markets; and

imports (either actual or relative to domestic production)

and a decline in the proportion of the domestic market

supplied by domestic producers.

(2) In making determinations under subsection (b), the

Commission shall—

(A) consider the condition of the domestic industry

over the course of the relevant business cycle, but may not

aggregate the causes of declining demand associated with

a recession or economic downturn in the United States

economy into a single cause of serious injury or threat of

injury; and

(B) examine factors other than imports which may be

a cause of serious injury, or threat of serious injury, to the

domestic industry.

The Commission shall include the results of its examination

under subparagraph (B) in the report submitted by the Com-

mission to the President under subsection (e).

(3) The presence or absence of any factor which the Com-

mission is required to evaluate in subparagraphs (A) and (B)

of paragraph (1) is not necessarily dispositive of whether an ar-

ticle is being imported into the United States in such increased

quantities as to be a substantial cause of serious injury, or the

threat thereof, to the domestic industry.

(4) For purposes of subsection (b), in determining the do-

mestic industry producing an article like or directly competi-

tive with an imported article, the Commission—

(A) to the extent information is available, shall, in the

case of a domestic producer which also imports, treat as

part of such domestic industry only its domestic produc-

tion;

(B) may, in the case of a domestic producer which pro-

duces more than one article, treat as part of such domestic

industry only that portion or subdivision of the producer

which produces the like or directly competitive article; and

which produce a like or directly competitive article in a

major geographic area of the United States and whose pro-

duction facilities in such area for such article constitute a

substantial portion of the domestic industry in the United

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00061 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

62 Sec. 202 TRADE ACT OF 1974

States and primarily serve the market in such area, and

where the imports are concentrated in such area, treat as

such domestic industry only that segment of the produc-

tion located in such area.

(5) In the course of any proceeding under this subsection,

the Commission shall investigate any factor which in its judg-

ment may be contributing to increased imports of the article

under investigation. Whenever in the course of its investiga-

tion the Commission has reason to believe that the increased

imports are attributable in part to circumstances which come

within the purview of subtitles A and B of title VII or section

337 of the Tariff Act of 1930, or other remedial provisions of

law, the Commission shall promptly notify the appropriate

agency so that such action may be taken as is otherwise au-

thorized by such provisions of law.

(6) For purposes of this section:

(A)(i) The term ‘‘domestic industry’’ means, with re-

spect to an article, the producers as a whole of the like or

directly competitive article or those producers whose col-

lective production of the like or directly competitive article

constitutes a major proportion of the total domestic pro-

duction of such article.

(ii) The term ‘‘domestic industry’’ includes producers

located in the United States insular possessions.

(B) The term ‘‘significant idling of productive facilities’’

includes the closing of plants or the underutilization of

production capacity.

all impairment in the position of a domestic industry.

(D) The term ‘‘threat of serious injury’’ means serious

injury that is clearly imminent.

(d) P

ROVISIONAL

ELIEF

.—

(1)(A) An entity representing a domestic industry that pro-

duces a perishable agricultural product or citrus product that

is like or directly competitive with an imported perishable agri-

cultural product or citrus product may file a request with the

Trade Representative for the monitoring of imports of that

product under subparagraph (B). Within 21 days after receiv-

ing the request, the Trade Representative shall determine if—

(i) the imported product is a perishable agricultural

product or citrus product; and

(ii) there is a reasonable indication that such product

is being imported into the United States in such increased

quantities as to be, or likely to be, a substantial cause of

serious injury, or the threat thereof, to such domestic in-

dustry.

(B) If the determinations under subparagraph (A) (i) and

(ii) are affirmative, the Trade Representative shall request,

under section 332(g) of the Tariff Act of 1930, the Commission

to monitor and investigate the imports concerned for a period

not to exceed 2 years. The monitoring and investigation may

include the collection and analysis of information that would

expedite an investigation under subsection (b).

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00062 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

63 Sec. 202 TRADE ACT OF 1974

(i) alleges injury from imports of a perishable agricul-

tural product or citrus product that has been, on the date

the allegation is included in the petition, subject to moni-

toring by the Commission under subparagraph (B) for not

less than 90 days; and

(ii) requests that provisional relief be provided under

this subsection with respect to such imports;

the Commission shall, not later than the 21st day after the day

on which the request was filed, make a determination, on the

basis of available information, whether increased imports (ei-

ther actual or relative to domestic production) of the perishable

agricultural product or citrus product are a substantial cause

of serious injury, or the threat thereof, to the domestic indus-

try producing a like or directly competitive perishable product

or citrus product, and whether either—

(I) the serious injury is likely to be difficult to repair

by reason of perishability of the like or directly competitive

agricultural product; or

(II) the serious injury cannot be timely prevented

through investigation under subsection (b) and action

under section 203.

(D) At the request of the Commission, the Secretary of Ag-

riculture shall promptly provide to the Commission any rel-

evant information that the Department of Agriculture may

have for purposes of making determinations and findings

under this subsection.

(E) Whenever the Commission makes an affirmative pre-

liminary determination under subparagraph (C), the Commis-

sion shall find the amount or extent of provisional relief that

is necessary to prevent or remedy the serious injury. In car-

rying out this subparagraph, the Commission shall give pref-

erence to increasing or imposing a duty on imports, if such

form of relief is feasible and would prevent or remedy the seri-

ous injury.

(F) The Commission shall immediately report to the Presi-

dent its determination under subparagraph (C) and, if the de-

termination is affirmative, the finding under subparagraph (E).

(G) Within 7 days after receiving a report from the Com-

mission under subparagraph (F) containing an affirmative de-

termination, the President, if he considers provisional relief to

be warranted and after taking into account the finding of the

Commission under subparagraph (E), shall proclaim such pro-

visional relief that the President considers necessary to pre-

vent or remedy the serious injury.

(2)(A) When a petition filed under subsection (a) alleges

that critical circumstances exist and requests that provisional

relief be provided under this subsection with respect to imports

of the article identified in the petition, the Commission shall,

not later than 60 days after the petition containing the request

was filed, determine, on the basis of available information,

whether—

(i) there is clear evidence that increased imports (ei-

ther actual or relative to domestic production) of the arti-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00063 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

64 Sec. 202 TRADE ACT OF 1974

cle are a substantial cause of serious injury, or the threat

thereof, to the domestic industry producing an article like

or directly competitive with the imported article; and

(ii) delay in taking action under this chapter would

cause damage to that industry that would be difficult to

repair.

(B) If the determinations under subparagraph (A)(i) and

(ii) are affirmative, the Commission shall find the amount or

extent of provisional relief that is necessary to prevent or rem-

edy the serious injury. In carrying out this subparagraph, the

Commission shall give preference to increasing or imposing a

duty on imports, if such form of relief is feasible and would

prevent or remedy the serious injury.

dent its determinations under subparagraph (A)(i) and (ii) and,

if the determinations are affirmative, the finding under sub-

paragraph (B).

(D) Within 30 days after receiving a report from the Com-

mission under subparagraph (C) containing an affirmative de-

termination under subparagraph (A)(i) and (ii), the President,

if he considers provisional relief to be warranted and after tak-

ing into account the finding of the Commission under subpara-

graph (B), shall proclaim, for a period not to exceed 200 days,

such provisional relief that the President considers necessary

to prevent or remedy the serious injury. Such relief shall take

the form of an increase in, or the imposition of, a duty on im-

ports, if such form of relief is feasible and would prevent or

remedy the serious injury.

(3) If provisional relief is proclaimed under paragraph

(1)(G) or (2)(D) in the form of an increase, or the imposition of,

a duty, the President shall order the suspension of liquidation

of all imported articles subject to the affirmative determination

under paragraph (1)(C) or paragraph (2)(A), as the case may

be, that are entered, or withdrawn from warehouse for con-

sumption, on or after the date of the determination.

(4)(A) Any provisional relief implemented under this sub-

section with respect to an imported article shall terminate on

the day on which—

(i) if such relief was proclaimed under paragraph

(1)(G) or (2)(D), the Commission makes a negative deter-

mination under subsection (b) regarding injury or the

threat thereof by imports of such article;

(ii) action described in section 203(a)(3) (A) or (C)

takes effect under section 203 with respect to such article;

(iii) a decision by the President not to take any action

under section 203(a) with respect to such article becomes

final; or

(iv) whenever the President determines that, because

of changed circumstances, such relief is no longer war-

ranted.

(B) Any suspension of liquidation ordered under paragraph

(3) with respect to an imported article shall terminate on the

day on which provisional relief is terminated under subpara-

graph (A) with respect to the article.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00064 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

65 Sec. 202 TRADE ACT OF 1974

proclaimed under section 203 on an imported article is dif-

ferent from a duty increase or imposition that was proclaimed

for such an article under this section, then the entry of any

such article for which liquidation was suspended under para-

graph (3) shall be liquidated at whichever of such rates of duty

is lower.

(D) If provisional relief in the form of an increase in, or the

imposition of, a duty is proclaimed under this section with re-

spect to an imported article and neither a duty increase nor a

duty imposition is proclaimed under section 203 regarding such

article, the entry of any such article for which liquidation was

suspended under paragraph (3) may be liquidated at the rate

of duty that applied before provisional relief was provided.

(5) For purposes of this subsection:

(A) The term ‘‘citrus product’’ means any processed or-

anges or grapefruit, or any orange or grapefruit juice, in-

cluding concentrate.

(B) A perishable agricultural product is any agricul-

tural article, including livestock, regarding which the

Trade Representative considers action under this section

to be appropriate after taking into account—

(i) whether the article has—

(I) a short shelf life,

(II) a short growing season, or

(III) a short marketing period,

(ii) whether the article is treated as a perishable

product under any other Federal law or regulation;

and

(iii) any other factor considered appropriate by the

Trade Representative.

The presence or absence of any factor which the Trade

Representative is required to take into account under

clause (i), (ii), or (iii) is not necessarily dispositive of

whether an article is a perishable agricultural product.

(i) any increase in, or imposition of, any duty;

(ii) any modification or imposition of any quan-

titative restriction on the importation of an article into

the United States; or

(iii) any combination of actions under clauses (i)

and (ii).

(e) C

OMMISSION

ECOMMENDATIONS

.—

(1) If the Commission makes an affirmative determination

under subsection (b)(1), the Commission shall also recommend

the action that would address the serious injury, or threat

thereof, to the domestic industry and be most effective in facili-

tating the efforts of the domestic industry to make a positive

adjustment to import competition.

(2) The Commission is authorized to recommend under

paragraph (1)—

(A) an increase in, or the imposition of, any duty on

the imported article;

(B) a tariff-rate quota on the article;

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00065 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

66 Sec. 202 TRADE ACT OF 1974

striction on the importation of the article into the United

States;

(D) one or more appropriate adjustment measures, in-

cluding the provision of trade adjustment assistance under

chapter 2; or

(E) any combination of the actions described in sub-

paragraphs (A) through (D).

(3) The Commission shall specify the type, amount, and

duration of the action recommended by it under paragraph (1).

The limitations set forth in section 203(e) are applicable to the

action recommended by the Commission.

(4) In addition to the recommendation made under para-

graph (1), the Commission may also recommend that the Presi-

dent—

(A) initiate international negotiations to address the

underlying cause of the increase in imports of the article

or otherwise to alleviate the injury or threat; or

(B) implement any other action authorized under law

that is likely to facilitate positive adjustment to import

competition.

(5) For purposes of making its recommendation under this

subsection, the Commission shall—

(A) after reasonable notice, hold a public hearing at

which all interested parties shall be provided an oppor-

tunity to present testimony and evidence; and

(B) take into account—

(i) the form and amount of action described in

paragraph (2) (A), (B), and (C) that would prevent or

remedy the injury or threat thereof,

(ii) the objectives and actions specified in the ad-

justment plan, if any, submitted under subsection

(a)(4),

(iii) any individual commitment that was sub-

mitted to the Commission under subsection (a)(6),

(iv) any information available to the Commission

concerning the conditions of competition in domestic

and world markets, and likely developments affecting

such conditions during the period for which action is

being requested, and

(v) whether international negotiations may be con-

structive to address the injury or threat thereof or to

facilitate adjustment.

(6) Only those members of the Commission who agreed to

the affirmative determination under subsection (b) are eligible

to vote on the recommendation required to be made under

paragraph (1) or that may be made under paragraph (3). Mem-

bers of the Commission who did not agree to the affirmative

determination may submit, in the report required under sub-

section (f), separate views regarding what action, if any, should

be taken under section 203.

(f) R

EPORT BY

OMMISSION

.—

(1) The Commission shall submit to the President a report

on each investigation undertaken under subsection (b). The re-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00066 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

67 Sec. 202 TRADE ACT OF 1974

port shall be submitted at the earliest practicable time, but not

later than 180 days (240 days if the petition alleges that crit-

ical circumstances exist) after the date on which the petition

is filed, the request or resolution is received, or the motion is

adopted, as the case may be.

(2) The Commission shall include in the report required

under paragraph (1) the following:

(A) The determination made under subsection (b) and

an explanation of the basis for the determination.

(B) If the determination under subsection (b) is affirm-

ative, the recommendations for action made under sub-

section (e) and an explanation of the basis for each rec-

ommendation.

the Commission regarding the determination and any rec-

ommendation referred to in subparagraphs (A) and (B).

(D) The findings required to be included in the report

under subsection (c)(2).

(E) A copy of the adjustment plan, if any, submitted

under section 201(b)(4).

(F) Commitments submitted, and information ob-

tained, by the Commission regarding steps that firms and

workers in the domestic industry are taking, or plan to

take, to facilitate positive adjustment to import competi-

tion.

(G) A description of—

(i) the short- and long-term effects that implemen-

tation of the action recommended under subection (e)

is likely to have on the petitioning domestic industry,

on other domestic industries, and on consumers, and

(ii) the short- and long-term effects of not taking

the recommended action on the petitioning domestic

industry, its workers and the communities where pro-

duction facilities of such industry are located, and on

other domestic industries.

(3) The Commission, after submitting a report to the Presi-

dent under paragraph (1), shall promptly make it available to

the public (with the exception of the confidential information

obtained under section 202(a)(6)(B) and any other information

which the Commission determines to be confidential) and

cause a summary thereof to be published in the Federal Reg-

ister.

(g) E

XPEDITED

ONSIDERATION OF

DJUSTMENT

SSISTANCE

TITIONS

.—If the Commission makes an affirmative determination

under subsection (b)(1), the Commission shall promptly notify the

Secretary of Labor and the Secretary of Commerce of the deter-

mination. After receiving such notification—

(1) the Secretary of Labor shall give expedited consider-

ation to petitions by workers in the domestic industry for cer-

tification for eligibility to apply for adjustment assistance

under chapter 2; and

(2) the Secretary of Commerce shall give expedited consid-

eration to petitions by firms in the domestic industry for cer-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00067 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

68 Sec. 203 TRADE ACT OF 1974

tification of eligibility to apply for adjustment assistance under

chapter 3.

(h) L

IMITATIONS ON

NVESTIGATIONS

.—

(1) Except for good cause determined by the Commission

to exist, no investigation for the purposes of this section shall

be made with respect to the same subject matter as a previous

investigation under this chapter, unless 1 year has elapsed

since the Commission made its report to the President of the

results of such previous investigation.

(2) No new investigation shall be conducted with respect to

an article that is or has been the subject of an action under

section 203(a)(3)(A), (B), (C), or (E) if the last day on which the

President could take action under section 203 in the new inves-

tigation is a date earlier than that permitted under section

203(e)(7).

(3)(A) Not later than the date on which the Textiles Agree-

ment enters into force with respect to the United States, the

Secretary of Commerce shall publish in the Federal Register a

list of all articles that are subject to the Textiles Agreement.

An investigation may be conducted under this section con-

cerning imports of any article that is subject to the Textiles

Agreement only if the United States has integrated that article

into GATT 1994 pursuant to the Textiles Agreement, as set

forth in notices published in the Federal Register by the Sec-

retary of Commerce, including the notice published under sec-

tion 331 of the Uruguay Round Agreements Act.

(B) For purposes of this paragraph:

(i) The term ‘‘Textiles Agreement’’ means the Agree-

ment on Textiles and Clothing referred to in section

101(d)(4) of the Uruguay Round Agreements Act.

(ii) The term ‘‘GATT 1994’’ has the meaning given that

term in section 2(1)(B) of the Uruguay Round Agreements

Act.

(i) L

IMITED

ISCLOSURE OF

ONFIDENTIAL

USINESS

NFORMA

TION

NDER

ROTECTIVE

RDER

.—The Commission shall promul-

gate regulations to provide access to confidential business informa-

tion under protective order to authorized representatives of inter-

ested parties who are parties to an investigation under this section.

ø19 U.S.C. 2252¿

SEC. 203. ACTION BY PRESIDENT AFTER DETERMINATION OF IMPORT

INJURY.

(a) I

ENERAL

.—

(1)(A) After receiving a report under section 202(f) con-

taining an affirmative finding regarding serious injury, or the

threat thereof, to a domestic industry, the President shall take

all appropriate and feasible action within his power which the

President determines will facilitate efforts by the domestic in-

dustry to make a positive adjustment to import competition

and provide greater economic and social benefits than costs.

(B) The action taken by the President under subparagraph

(A) shall be to such extent, and for such duration, subject to

subsection (e)(1), that the President determines to be appro-

priate and feasible under such subparagraph.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00068 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

69 Sec. 203 TRADE ACT OF 1974

section 242(a) of the Trade Expansion Act of 1962 shall, with

respect to each affirmative determination reported under sec-

tion 202(f), make a recommendation to the President as to

what action the President should take under subparagraph (A).

(2) In determining what action to take under paragraph

(1), the President shall take into account—

(A) the recommendation and report of the Commission;

(B) the extent to which workers and firms in the do-

mestic industry are—

(i) benefitting from adjustment assistance and

other manpower programs, and

(ii) engaged in worker retraining efforts;

the domestic industry (including the efforts included in

any adjustment plan or commitment submitted to the

Commission under section 202(a)) to make a positive ad-

justment to import competition;

(D) the probable effectiveness of the actions authorized

under paragraph (3) to facilitate positive adjustment to im-

port competition;

(E) the short- and long-term economic and social costs

of the actions authorized under paragraph (3) relative to

their short- and long-term economic and social benefits

and other considerations relative to the position of the do-

mestic industry in the United States economy;

(F) other factors related to the national economic in-

terest of the United States, including, but not limited to—

(i) the economic and social costs which would be

incurred by taxpayers, communities, and workers if

import relief were not provided under this chapter,

(ii) the effect of the implementation of actions

under this section on consumers and on competition in

domestic markets for articles, and

(iii) the impact on United States industries and

firms as a result of international obligations regarding

compensation;

(G) the extent to which there is diversion of foreign ex-

ports to the United States market by reason of foreign re-

straints;

(H) the potential for circumvention of any action taken

under this section;

(I) the national security interests of the United States;

and

(J) the factors required to be considered by the Com-

mission under section 202(e)(5).

(3) The President may, for purposes of taking action under

paragraph (1)—

(A) proclaim an increase in, or the imposition of, any

duty on the imported article;

(B) proclaim a tariff-rate quota on the article;

titative restriction on the importation of the article into

the United States;

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00069 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

70 Sec. 203 TRADE ACT OF 1974

(D) implement one or more appropriate adjustment

measures, including the provision of trade adjustment as-

sistance under chapter 2;

(E) negotiate, conclude, and carry out agreements with

foreign countries limiting the export from foreign countries

and the import into the United States of such article;

(F) proclaim procedures necessary to allocate among

importers by the auction of import licenses quantities of

the article that are permitted to be imported into the

United States;

(G) initiate international negotiations to address the

underlying cause of the increase in imports of the article

or otherwise to alleviate the injury or threat thereof;

(H) submit to Congress legislative proposals to facili-

tate the efforts of the domestic industry to make a positive

adjustment to import competition;

(I) take any other action which may be taken by the

President under the authority of law and which the Presi-

dent considers appropriate and feasible for purposes of

paragraph (1); and

(J) take any combination of actions listed in subpara-

graphs (A) through (I).

(4)(A) Subject to subparagraph (B), the President shall

take action under paragraph (1) within 60 days (50 days if the

President has proclaimed provisional relief under section

202(d)(2)(D) with respect to the article concerned) after receiv-

ing a report from the Commission containing an affirmative de-

termination under section 202(b)(1) (or a determination under

such section which he considers to be an affirmative deter-

mination by reason of section 330(d) of the Tariff Act of 1930).

(B) If a supplemental report is requested under paragraph

(5), the President shall take action under paragraph (1) within

30 days after the supplemental report is received, except that,

in a case in which the President has proclaimed provisional re-

lief under section 202(d)(2)(D) with respect to the article con-

cerned, action by the President under paragraph (1) may not

be taken later than the 200th day after the provisional relief

was proclaimed.

(5) The President may, within 15 days after the date on

which he receives a report from the Commission containing an

affirmative determination under section 202(b)(1), request ad-

ditional information from the Commission. The Commission

shall, as soon as practicable but in no event more than 30 days

after the date on which it receives the President’s request, fur-

nish additional information with respect to the industry in a

supplemental report.

(b) R

EPORTS TO

ONGRESS

.—

(1) On the day the President takes action under subsection

(a)(1), the President shall transmit to Congress a document de-

scribing the action and the reasons for taking the action. If the

action taken by the President differs from the action required

to be recommended by the Commission under section 202(e)(1),

the President shall state in detail the reasons for the dif-

ference.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00070 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

71 Sec. 203 TRADE ACT OF 1974

(2) On the day on which the President decides that there

is no appropriate and feasible action to take under subsection

(a)(1) with respect to a domestic industry, the President shall

transmit to Congress a document that sets forth in detail the

reasons for the decision.

(3) On the day on which the President takes any action

under subsection (a)(1) that is not reported under paragraph

(1), the President shall transmit to Congress a document set-

ting forth the action being taken and the reasons therefor.

MPLEMENTATION OF

CTION

ECOMMENDED BY

OMMIS

SION

.—If the President reports under subsection (b)(1) or (2) that—

(1) the action taken under subsection (a)(1) differs from

the action recommended by the Commission under section

202(e)(1); or

(2) no action will be taken under subsection (a)(1) with re-

spect to the domestic industry;

the action recommended by the Commission shall take effect (as

provided in subsection (d)(2)) upon the enactment of a joint resolu-

tion described in section 152(a)(1)(A) within the 90-day period be-

ginning on the date on which the document referred to in sub-

section (b)(1) or (2) is transmitted to the Congress.

(d) T

IME FOR

AKING

FFECT OF

ERTAIN

ELIEF

.—

(1) Except as provided in paragraph (2), any action de-

scribed in subsection (a)(3)(A), (B), or (C), that is taken under

subsection (a)(1) shall take effect within 15 days after the day

on which the President proclaims the action, unless the Presi-

dent announces, on the date he decides to take such action, his

intention to negotiate one or more agreements described in

subsection (a)(3)(E) in which case the action under subsection

(a)(3)(A), (B), or (C) shall be proclaimed and take effect within

90 days after the date of such decision.

(2) If the contingency set forth in subsection (c) occurs, the

President shall, within 30 days after the date of the enactment

of the joint resolution referred to in such subsection, proclaim

the action recommended by the Commission under section

202(e)(1).

(e) L

IMITATIONS ON

CTIONS

.—

(1)(A) Subject to subparagraph (B), the duration of the pe-

riod in which an action taken under this section may be in ef-

fect shall not exceed 4 years. Such period shall include the pe-

riod, if any, in which provisional relief under section 202(d)

was in effect.

(B)(i) Subject to clause (ii), the President, after receiving

an affirmative determination from the Commission under sec-

tion 204(c) (or, if the Commission is equally divided in its de-

termination, a determination which the President considers to

be an affirmative determination of the Commission), may ex-

tend the effective period of any action under this section if the

President determines that—

(I) the action continues to be necessary to prevent or

remedy the serious injury; and

(II) there is evidence that the domestic industry is

making a positive adjustment to import competition.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00071 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

72 Sec. 203 TRADE ACT OF 1974

(ii) The effective period of any action under this section, in-

cluding any extensions thereof, may not, in the aggregate, ex-

ceed 8 years.

(2) Action of a type described in subsection (a)(3)(A), (B),

or (C) may be taken under subsection (a)(1), under section

202(d)(1)(G), or under section 202(d)(2)(D) only to the extent

the cumulative impact of such action does not exceed the

amount necessary to prevent or remedy the serious injury.

(3) No action may be taken under this section which would

increase a rate of duty to (or impose a rate) which is more than

50 percent ad valorem above the rate (if any) existing at the

time the action is taken.

(4) Any action taken under this section proclaiming a

quantitative restriction shall permit the importation of a quan-

tity or value of the article which is not less than the average

quantity or value of such article entered into the United States

in the most recent 3 years that are representative of imports

of such article and for which data are available, unless the

President finds that the importation of a different quantity or

value is clearly justified in order to prevent or remedy the seri-

ous injury.

(5) An action described in subsection (a)(3)(A), (B), or (C)

that has an effective period of more than 1 year shall be

phased down at regular intervals during the period in which

the action is in effect.

(6)(A) The suspension, pursuant to any action taken under

this section, of—

(i) subheading 9802.00.60 or 9802.00.80 of the Har-

monized Tariff Schedule of the United States with respect

to an article; and

(ii) the designation of any article as an eligible article

for purposes of title V;

shall be treated as an increase in duty.

(B) No proclamation providing for a suspension referred to

in subparagraph (A) with respect to any article may be made

by the President, nor may any such suspension be rec-

ommended by the Commission under section 202(e), unless the

Commission, in addition to making an affirmative determina-

tion under section 202(b)(1), determines in the course of its in-

vestigation under section 202(b) that the serious injury, or

threat thereof, substantially caused by imports to the domestic

industry producing a like or directly competitive article results

from, as the case may be—

(i) the application of subheading 9802.00.60 or sub-

heading 9802.00.80 of the Harmonized Tariff Schedule of

the United States; or

(ii) the designation of the article as an eligible article

for the purposes of title V.

(7)(A) If an article was the subject of an action under sub-

paragraph (A), (B), (C), or (E) of subsection (a)(3), no new ac-

tion may be taken under any of those subparagraphs with re-

spect to such article for—

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00072 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

73 Sec. 204 TRADE ACT OF 1974

(i) a period beginning on the date on which the pre-

vious action terminates that is equal to the period in

which the previous action was in effect, or

(ii) a period of 2 years beginning on the date on which

the previous action terminates,

whichever is greater.

(B) Notwithstanding subparagraph (A), if the previous ac-

tion under subparagraph (A), (B), (C), or (E) of subsection (a)(3)

with respect to an article was in effect for a period of 180 days

or less, the President may take a new action under any of

those subparagraphs with respect to such article if—

(i) at least 1 year has elapsed since the previous action

went into effect; and

(ii) an action described in any of those subparagraphs

has not been taken with respect to such article more than

twice in the 5-year period immediately preceding the date

on which the new action with respect to such article first

becomes effective.

(f) C

ERTAIN

GREEMENTS

.—

(1) If the President takes action under this section other

than the implemention of agreements of the type described in

subsection (a)(3)(E), the President may, after such action takes

effect, negotiate agreements of the type described in subsection

(a)(3)(E), and may, after such agreements take effect, suspend

or terminate, in whole or in part, any action previously taken.

(2) If an agreement implemented under subsection

(a)(3)(E) is not effective, the President may, consistent with the

limitations contained in subsection (e), take additional action

under subsection (a).

(g) R

EGULATIONS

.—

(1) The President shall by regulation provide for the effi-

cient and fair administration of all actions taken for the pur-

pose of providing import relief under this chapter.

(2) In order to carry out an international agreement con-

cluded under this chapter, the President may prescribe regula-

tions governing the entry or withdrawal from warehouse of ar-

ticles covered by such agreement. In addition, in order to carry

out any agreement of the type described in subsection (a)(3)(E)

that is concluded under this chapter with one or more coun-

tries accounting for a major part of United States imports of

the article covered by such agreement, including imports into

a major geographic area of the United States, the President

may issue regulations governing the entry or withdrawal from

warehouse of like articles which are the product of countries

not parties to such agreement.

(3) Regulations prescribed under this subsection shall, to

the extent practicable and consistent with efficient and fair ad-

ministration, insure against inequitable sharing of imports by

a relatively small number of the larger importers.

ø19 U.S.C. 2253¿

SEC. 204. MONITORING, MODIFICATION, AND TERMINATION OF AC-

TION.

(a) M

ONITORING

.—

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00073 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

74 Sec. 204 TRADE ACT OF 1974

(1) So long as any action taken under section 203 remains

in effect, the Commission shall monitor developments with re-

spect to the domestic industry, including the progress and spe-

cific efforts made by workers and firms in the domestic indus-

try to make a positive adjustment to import competition.

(2) If the initial period during which the action taken

under section 203 is in effect exceeds 3 years, or if an exten-

sion of such action exceeds 3 years, the Commission shall sub-

mit a report on the results of the monitoring under paragraph

(1) to the President and to the Congress not later than the date

that is the mid-point of the initial period, and of each such ex-

tension, during which the action is in effect.

(3) In the course of preparing each report under paragraph

(2), the Commission shall hold a hearing at which interested

persons shall be given a reasonable opportunity to be present,

to produce evidence, and to be heard.

(4) Upon request of the President, the Commission shall

advise the President of its judgment as to the probable eco-

nomic effect on the industry concerned of any reduction, modi-

fication, or termination of the action taken under section 203

which is under consideration.

(b) R

EDUCTION

, M

ODIFICATION

AND

ERMINATION OF

CTION

.—

(1) Action taken under section 203 may be reduced, modi-

fied, or terminated by the President (but not before the Presi-

dent receives the report required under subsection (a)(2)(A)) if

the President—

(A) after taking into account any report or advice sub-

mitted by the Commission under subsection (a) and after

seeking the advice of the Secretary of Commerce and the

Secretary of Labor, determines, on the basis that either—

(i) the domestic industry has not made adequate

efforts to make a positive adjustment to import com-

petition, or

(ii) the effectiveness of the action taken under sec-

tion 203 has been impaired by changed economic cir-

cumstances,

that changed circumstances warrant such reduction, or

termination; or

(B) determines, after a majority of the representatives

of the domestic industry submits to the President a peti-

tion requesting such reduction, modification, or termi-

nation on such basis, that the domestic industry has made

a positive adjustment to import competition.

(2) Notwithstanding paragraph (1), the President is au-

thorized to take such additional action under section 203 as

may be necessary to eliminate any circumvention of any action

previously taken under such section.

(3) Notwithstanding paragraph (1), the President may,

after receipt of a Commission determination under section

129(a)(4) of the Uruguay Round Agreements Act and con-

sulting with the Committee on Ways and Means of the House

of Representatives and the Committee on Finance of the Sen-

ate, reduce, modify, or terminate action taken under section

203.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00074 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

75 Sec. 205 TRADE ACT OF 1974

XTENSION OF

CTION

.—

(1) Upon request of the President, or upon petition on be-

half of the industry concerned filed with the Commission not

earlier than the date which is 9 months, and not later than the

date which is 6 months, before the date any action taken under

section 203 is to terminate, the Commission shall investigate

to determine whether action under section 203 continues to be

necessary to prevent or remedy serious injury and whether

there is evidence that the industry is making a positive adjust-

ment to import competition.

(2) The Commission shall publish notice of the commence-

ment of any proceeding under this subsection in the Federal

public hearing at which the Commission shall afford interested

parties and consumers an opportunity to be present, to present

evidence, and to respond to the presentations of other parties

and consumers, and otherwise to be heard.

(3) The Commission shall transmit to the President a re-

port on its investigation and determination under this sub-

section not later than 60 days before the action under section

203 is to terminate, unless the President specifies a different

date.

(d) E

VALUATION OF

FFECTIVENESS OF

CTION

.—

(1) After any action taken under section 203 has termi-

nated, the Commission shall evaluate the effectiveness of the

actions in facilitating positive adjustment by the domestic in-

dustry to import competition, consistent with the reasons set

out by the President in the report submitted to the Congress

under section 203(b).

(2) During the course of the evaluation conducted under

paragraph (1), the Commission shall, after reasonable public

notice, hold a hearing on the effectiveness of the action. All in-

terested persons shall have the opportunity to attend such

hearing and to present evidence or testimony at such hearing.

(3) A report on the evaluation made under paragraph (1)

and the hearings held under paragraph (2) shall be submitted

by the Commission to the President and to the Congress by no

later than the 180th day after the day on which the actions

taken under section 203 terminated.

(e) O

THER

ROVISIONS

.—

(1) Action by the President under this chapter may be

taken without regard to the provisions of section 126(a) of this

Act but only after consideration of the relation of such actions

to the international obligations of the United States.

(2) If the Commission treats as the domestic industry pro-

duction located in a major geographic area of the United States

under section 202(c)(4)(C), then the President shall take into

account the geographic concentration of domestic production

and of imports in that area in taking any action authorized

under paragraph (1).

ø19 U.S.C. 2254¿

SEC. 205. TRADE MONITORING.

(a) M

ONITORING

OOL FOR

MPORTS

.—

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00075 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

76 Sec. 221 TRADE ACT OF 1974

(1) I

N GENERAL

.—Not later than 180 days after the date of

the enactment of the Trade Facilitation and Trade Enforce-

ment Act of 2015, the Commission shall make available on a

website of the Commission an import monitoring tool to allow

the public access to data on the volume and value of goods im-

ported to the United States for the purpose of assessing wheth-

er such data has changed with respect to such goods over a pe-

riod of time.

(2) D

ATA DESCRIBED

.—For purposes of the monitoring tool

under paragraph (1), the Commission shall use data compiled

by the Department of Commerce and such other government

data as the Commission considers appropriate.

(3) P

ERIODS OF TIME

.—The Commission shall ensure that

data accessed through the monitoring tool under paragraph (1)

includes data for the most recent quarter for which such data

are available and previous quarters as the Commission con-

siders practicable.

(b) M

ONITORING

EPORTS

.—

(1) I

N GENERAL

.—Not later than 270 days after the date of

the enactment of the Trade Facilitation and Trade Enforce-

ment Act of 2015, and not less frequently than quarterly there-

after, the Secretary of Commerce shall publish on a website of

the Department of Commerce, and notify the Committee on Fi-

nance of the Senate and the Committee on Ways and Means

of the House of Representatives of the availability of, a moni-

toring report on changes in the volume and value of trade with

respect to imports and exports of goods categorized based on

the 6-digit subheading number of the goods under the Har-

monized Tariff Schedule of the United States during the most

recent quarter for which such data are available and previous

quarters as the Secretary considers practicable.

(2) R

EQUESTS FOR COMMENT

.—Not later than one year

after the date of the enactment of the Trade Facilitation and

Trade Enforcement Act of 2015, the Secretary of Commerce

shall solicit through the Federal Register public comment on

the monitoring reports described in paragraph (1).

UNSET

.—The requirements under this section terminate on

the date that is seven years after the date of the enactment of the

Trade Facilitation and Trade Enforcement Act of 2015.

ø19 U.S.C. 2255¿

CHAPTER 2—ADJUSTMENT ASSISTANCE FOR

WORKERS

Subchapter A—Petitions and Determinations

SEC. 221. PETITIONS.

(a)(1) A petition for certification of eligibility to apply for ad-

justment assistance for a group of workers under this chapter may

be filed simultaneously with the Secretary and with the Governor

of the State in which such workers’ firm or subdivision is located

by any of the following:

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00076 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

77 Sec. 222 TRADE ACT OF 1974

(A) The group of workers (including workers in an agricul-

tural firm or subdivision of any agricultural firm).

(B) The certified or recognized union or other duly author-

ized representative of such workers.

stop partners (as defined in section 101 of the Workforce In-

vestment Act of 1998 (29 U.S.C. 2801)), including State em-

ployment security agencies, or the State dislocated worker unit

established under title I of such Act, on behalf of such workers.

(2) Upon receipt of a petition filed under paragraph (1), the

Governor shall—

(A) ensure that rapid response assistance and appropriate

core and intensive services (as described in section 134 of the

Workforce Investment Act of 1998 (29 U.S.C. 2864)) authorized

under other Federal laws are made available to the workers

covered by the petition to the extent authorized under such

laws; and

(B) assist the Secretary in the review of the petition by

verifying such information and providing such other assistance

as the Secretary may request.

(3) Upon receipt of the petition, the Secretary shall promptly

publish notice in the Federal Register that the Secretary has re-

ceived the petition and initiated an investigation.

(b) If the petitioner, or any other person found by the Secretary

to have a substantial interest in the proceedings, submits not later

than 10 days after the date of the Secretary’s publication under

subsection (a) a request for a hearing, the Secretary shall provide

for a public hearing and afford such interested persons an oppor-

tunity to be present, to produce evidence, and to be heard.

ø19 U.S.C. 2271¿

SEC. 222. GROUP ELIGIBILITY REQUIREMENTS.

(a) I

ENERAL

.—A group of workers (including workers in any

agricultural firm or subdivision of an agricultural firm) shall be

certified by the Secretary as eligible to apply for adjustment assist-

ance under this chapter pursuant to a petition filed under section

221 if the Secretary determines that—

(1) a significant number or proportion of the workers in

such workers’ firm, or an appropriate subdivision of the firm,

have become totally or partially separated, or are threatened

to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm or

subdivision have decreased absolutely;

(ii) imports of articles like or directly competitive with arti-

cles produced by such firm or subdivision have increased; and

(iii) the increase in imports described in clause (ii) contrib-

uted importantly to such workers’ separation or threat of sepa-

ration and to the decline in the sales or production of such firm

or subdivision; or

(B)(i) there has been a shift in production by such workers’

firm or subdivision to a foreign country of articles like or di-

rectly competitive with articles which are produced by such

firm or subdivision; and

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00077 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

78 Sec. 222 TRADE ACT OF 1974

(ii)(I) the country to which the workers’ firm has shifted

production of the articles is a party to a free trade agreement

with the United States;

(II) the country to which the workers’ firm has shifted pro-

duction of the articles is a beneficiary country under the Ande-

an Trade Preference Act, African Growth and Opportunity Act,

or the Caribbean Basin Economic Recovery Act; or

(III) there has been or is likely to be an increase in im-

ports of articles that are like or directly competitive with arti-

cles which are or were produced by such firm or subdivision.

(b) A

DVERSELY

FFECTED

ECONDARY

ORKERS

.—A group of

workers (including workers in any agricultural firm or subdivision

of an agricultural firm) shall be certified by the Secretary as eligi-

ble to apply for trade adjustment assistance benefits under this

chapter pursuant to a petition filed under section 221 if the Sec-

retary determines that—

(1) a significant number or proportion of the workers in

the workers’ firm or an appropriate subdivision of the firm

have become totally or partially separated, or are threatened

to become totally or partially separated;

(2) the workers’ firm (or subdivision) is a supplier or down-

stream producer to a firm (or subdivision) that employed a

group of workers who received a certification of eligibility

under subsection (a), and such supply or production is related

to the article that was the basis for such certification (as de-

fined in subsection (c) (3) and (4)); and

(3) either—

(A) the workers’ firm is a supplier and the component

parts it supplied to the firm (or subdivision) described in

paragraph (2) accounted for at least 20 percent of the pro-

duction or sales of the workers’ firm; or

(B) a loss of business by the workers’ firm with the

firm (or subdivision) described in paragraph (2) contrib-

uted importantly to the workers’ separation or threat of

separation determined under paragraph (1).

(1) The term ‘‘contributed importantly’’ means a cause

which is important but not necessarily more important than

any other cause.

(2)(A) Any firm, or appropriate subdivision of a firm, that

engages in exploration or drilling for oil or natural gas shall

be considered to be a firm producing oil or natural gas.

(B) Any firm, or appropriate subdivision of a firm, that en-

gages in exploration or drilling for oil or natural gas, or other-

wise produces oil or natural gas, shall be considered to be pro-

ducing articles directly competitive with imports of oil and

with imports of natural gas.

(3) D

OWNSTREAM PRODUCER

.—The term ‘‘downstream pro-

ducer’’ means a firm that performs additional, value-added pro-

duction processes for a firm or subdivision, including a firm

that performs final assembly or finishing, directly for another

firm (or subdivision), for articles that were the basis for a cer-

tification of eligibility under subsection (a) of a group of work-

ers employed by such other firm, if the certification of eligi-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00078 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

79 Sec. 224 TRADE ACT OF 1974

bility under subsection (a) is based on an increase in imports

from, or a shift in production to, Canada or Mexico.

(4) S

UPPLIER

.—The term ‘‘supplier’’ means a firm that pro-

duces and supplies directly to another firm (or subdivision)

component parts for articles that were the basis for a certifi-

cation of eligibility under subsection (a) of a group of workers

employed by such other firm.

ø19 U.S.C. 2272¿

SEC. 223. DETERMINATIONS BY SECRETARY OF LABOR.

(a) As soon as possible after the date on which a petition is

filed under section 221, but in any event not later than 40 days

after that date, the Secretary shall determine whether the peti-

tioning group meets the requirements of section 222 and shall issue

a certification of eligibility to apply for assistance under this sub-

chapter covering workers in any group which meets such require-

ments. Each certification shall specify the date on which the total

or partial separation began or threatened to begin.

(b) A certification under this section shall not apply to any

worker whose last total or partial separation from the firm or ap-

propriate subdivision of the firm before his application under sec-

tion 231 occurred—

(1) more than one year before the date of the petition on

which such certification was granted, or

(2) more than 6 months before the effective date of this

chapter.

retary shall promptly publish a summary of the determination in

the Federal Register together with his reasons for making such de-

termination.

(d) Whenever the Secretary determines, with respect to any

certification of eligibility of the workers of a firm or subdivision of

the firm, that total or partial separations from such firm or sub-

division are no longer attributable to the conditions specified in

section 222, he shall terminate such certification and promptly

have notice of such termination published in the Federal Register

together with his reasons for making such determination. Such ter-

mination shall apply only with respect to total or partial separa-

tions occurring after the termination date specified by the Sec-

retary.

ø19 U.S.C. 2273¿

SEC. 224. STUDY BY SECRETARY OF LABOR WHEN INTERNATIONAL

TRADE COMMISSION BEGINS INVESTIGATION.

(a) Whenever the International Trade Commission (hereafter

referred to in this chapter as the ‘‘Commission’’) begins an inves-

tigation under section 202 with respect to an industry, the Com-

mission shall immediately notify the Secretary of such investiga-

tion, and the Secretary shall immediately begin a study of—

(1) the number of workers in the domestic industry pro-

ducing the like or directly competitive article who have been or

are likely to be certified as eligible for adjustment assistance,

and

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00079 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

80 Sec. 225 TRADE ACT OF 1974

(2) the extent to which the adjustment of such workers to

the import competition may be facilitated through the use of

existing programs.

(b) The report of the Secretary of the study under subsection

(a) shall be made to the President not later than 15 days after the

day on which the Commission makes its report under section

202(f). Upon making his report to the President, the Secretary

shall also promptly make it public (with the exception of informa-

tion which the Secretary determines to be confidential) and shall

have a summary of it published in the Federal Register.

ø19 U.S.C. 2274¿

SEC. 225. BENEFIT INFORMATION TO WORKERS.

(a) The Secretary shall provide full information to workers

about the benefit allowances, training, and other employment serv-

ices available under this chapter and about the petition and appli-

cation procedures, and the appropriate filing dates, for such allow-

ances, training and services. The Secretary shall provide whatever

assistance is necessary to enable groups of workers to prepare peti-

tions or applications for program benefits. The Secretary shall

make every effort to insure that cooperating State agencies fully

comply with the agreements entered into under section 239(a) and

shall periodically review such compliance. The Secretary shall in-

form the State Board for Vocational Education or equivalent agen-

cy and other public or private agencies, institutions, and employers,

as appropriate, of each certification issued under section 223 and

of projections, if available, of the needs for training under section

236 as a result of such certification.

(b)(1) The Secretary shall provide written notice through the

mail of the benefits available under this chapter to each worker

whom the Secretary has reason to believe is covered by a certifi-

cation made under subchapter A of this chapter—

(A) at the time such certification is made, if the worker

was partially or totally separated from the adversely affected

employment before such certification, or

(B) at the time of the total or partial separation of the

worker from the adversely affected employment, if subpara-

graph (A) does not apply.

(2) The Secretary shall publish notice of the benefits available

under this chapter to workers covered by each certification made

under subchapter A in newspapers of general circulation in the

areas in which such workers reside.

ø19 U.S.C. 2275¿

Subchapter B—Program Benefits

PART I—TRADE READJUSTMENT ALLOWANCES

SEC. 231. QUALIFYING REQUIREMENTS FOR WORKERS.

(a) Payment of a trade readjustment allowance shall be made

to an adversely affected worker covered by a certification under

subchapter A who files an application for such allowance for any

week of unemployment which begins more than 60 days after the

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00080 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

81 Sec. 231 TRADE ACT OF 1974

date on which the petition that resulted in such certification was

filed under section 221, if the following conditions are met:

(1) Such worker’s total or partial separation before his ap-

plication under this chapter occurred—

(A) on or after the date, as specified in the certification

under which he is covered, on which total or partial sepa-

ration began or threatened to begin in the adversely af-

fected employment,

(B) before the expiration of the 2-year period begin-

ning on the date on which the determination under section

223 was made, and

pursuant to section 223(d).

(2) Such worker had, in the 52-week period ending with

the week in which such total or partial separation occurred, at

least 26 weeks of employment at wages of $30 or more a week

in adversely affected employment with a single firm or subdivi-

sion of a firm, or, if data with respect to weeks of employment

with a firm are not available, equivalent amounts of employ-

ment computed under regulations prescribed by the Secretary.

For the purposes of this paragraph, any week in which such

worker—

(A) is on employer-authorized leave for purposes of va-

cation, sickness, injury, maternity, or inactive duty or ac-

tive duty military service for training.

(B) does not work because of a disability that is com-

pensable under a workmen’s compensation law or plan of

a State or the United States,

as a full-time representative of a labor organization in

such firm or subdivision, or

(D) is on call-up for purposes of active duty in a re-

serve status in the Armed Forces of the United States, pro-

vided such active duty is ‘‘Federal service’’ as defined in 5

U.S.C. 8521(a)(1),

shall be treated as a week of employment at wages of $30 or

more, but not more than 7 weeks, in case of weeks described

in subparagraph (A) or (C), or both (and not more than 26

weeks, in the case of weeks described in subparagraph (B) or

(D)), may be treated as weeks of employment under this sen-

tence.

(3) Such worker—

(A) was entitled to (or would be entitled to if he ap-

plied therefor) unemployment insurance for a week within

the benefit period (i) in which such total or partial separa-

tion took place, or (ii) which began (or would have begun)

by reason of the filing of a claim for unemployment insur-

ance by such worker after such total or partial separation;

(B) has exhausted all rights to any unemployment in-

surance, except additional compensation that is funded by

a State and is not reimbursed from any Federal funds, to

which he was entitled (or would be entitled if he applied

therefor); and

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00081 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

82 Sec. 231 TRADE ACT OF 1974

ble to him for any such unemployment insurance.

(4) Such worker, with respect to such week of unemploy-

ment, would not be disqualified for extended compensation

payable under the Federal-State Extended Unemployment

Compensation Act of 1970 by reason of the work acceptance

and job search requirements in section 202(a)(3) of such Act.

(5) Such worker—

(A)(i) is enrolled in a training program approved by

the Secretary under section 236(a), and

(ii) the enrollment required under clause (i) occurs no

later than the latest of—

(I) the last day of the 16th week after the worker’s

most recent total separation from adversely affected

employment which meets the requirements of para-

graphs (1) and (2),

(II) the last day of the 8th week after the week in

which the Secretary issues a certification covering the

worker,

(III) 45 days after the later of the dates specified

in subclause (I) or (II), if the Secretary determines

there are extenuating circumstances that justify an

extension in the enrollment period, or

(IV) the last day of a period determined by the

Secretary to be approved for enrollment after the ter-

mination of a waiver issued pursuant to subsection (c),

(B) has, after the date on which the worker became to-

tally separated, or partially separated, from the adversely

affected employment, completed a training program ap-

proved by the Secretary under section 236(a), or

(c)(1) after the date described in subparagraph (B).

(b)(1) If—

(A) the Secretary determines that—

(i) the adversely affected worker—

(I) has failed to begin participation in the training

program the enrollment in which meets the require-

ment of subsection (a)(5), or

(II) has ceased to participate in such training pro-

gram before completing such training program, and

(ii) there is no justifiable cause for such failure or ces-

sation, or

(B) the certification made with respect to such worker

under subsection (c)(1) is revoked under subsection (c)(2),

no trade readjustment allowance may be paid to the adversely af-

fected worker under this part for the week in which such failure,

cessation, or revocation occurred, or any succeeding week, until the

adversely affected worker begins or resumes participation in a

training program approved under section 236(a).

(2) The provisions of subsection (a)(5) and paragraph (1) shall

not apply with respect to any week of unemployment which be-

gins—

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00082 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

83 Sec. 231 TRADE ACT OF 1974

Paragraph (1) of section 406(a) of Public Law 114–27 provides that section 233(c)(1) of the

Trade Act of 1974 ‘‘shall be applied and administered as if subparagraphs (A), (B), and (C) of

that paragraph were not in effect’’.

(A) after the date that is 60 days after the date on which

the petition that results in the certification that covers the

worker is filed under section 221, and

(B) before the first week following the week in which such

certification is made under subchapter (A).

AIVERS OF

RAINING

EQUIREMENTS

.—

(1)

SSUANCE OF WAIVERS

.—The Secretary may issue a

written statement to an adversely affected worker waiving the

requirement to be enrolled in training described in subsection

(a)(5)(A) if the Secretary determines that it is not feasible or

appropriate for the worker, because of 1 or more of the fol-

lowing reasons:

(A) R

ECALL

.—The worker has been notified that the

worker will be recalled by the firm from which the separa-

tion occurred.

(B) M

ARKETABLE SKILLS

.—The worker possesses mar-

ketable skills for suitable employment (as determined pur-

suant to an assessment of the worker, which may include

the profiling system under section 303(j) of the Social Se-

curity Act (42 U.S.C. 503(j)), carried out in accordance

with guidelines issued by the Secretary) and there is a rea-

sonable expectation of employment at equivalent wages in

the foreseeable future.

ETIREMENT

.—The worker is within 2 years of

meeting all requirements for entitlement to either—

(i) old-age insurance benefits under title II of the

Social Security Act (42 U.S.C. 401 et seq.) (except for

application therefor); or

(ii) a private pension sponsored by an employer or

labor organization.

(D) H

EALTH

.—The worker is unable to participate in

training due to the health of the worker, except that a

waiver under this subparagraph shall not be construed to

exempt a worker from requirements relating to the avail-

ability for work, active search for work, or refusal to accept

work under Federal or State unemployment compensation

laws.

(E) E

NROLLMENT UNAVAILABLE

.—The first available

enrollment date for the approved training of the worker is

within 60 days after the date of the determination made

under this paragraph, or, if later, there are extenuating

circumstances for the delay in enrollment, as determined

pursuant to guidelines issued by the Secretary.

(F) T

RAINING NOT AVAILABLE

.—Training approved by

the Secretary is not reasonably available to the worker

from either governmental agencies or private sources

(which may include area career and technical education

schools, as defined in section 3 of the Carl D. Perkins Ca-

reer and Technical Education Act of 2006 (20 U.S.C. 2302),

and employers), no training that is suitable for the worker

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00083 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

84 Sec. 232 TRADE ACT OF 1974

is available at a reasonable cost, or no training funds are

available.

(2) D

URATION OF WAIVERS

.—

(A) I

N GENERAL

.—A waiver issued under paragraph (1)

shall be effective for not more than 6 months after the

date on which the waiver is issued, unless the Secretary

determines otherwise.

(B) R

EVOCATION

.—The Secretary shall revoke a waiver

issued under paragraph (1) if the Secretary determines

that the basis of a waiver is no longer applicable to the

worker and shall notify the worker in writing of the rev-

ocation.

(3) A

GREEMENTS UNDER SECTION 239

.—

(A) I

SSUANCE BY COOPERATING STATES

.—Pursuant to

an agreement under section 239, the Secretary may au-

thorize a cooperating State to issue waivers as described

in paragraph (1).

(B) S

UBMISSION OF STATEMENTS

.—An agreement under

section 239 shall include a requirement that the cooper-

ating State submit to the Secretary the written statements

provided under paragraph (1) and a statement of the rea-

sons for the waiver.

ø19 U.S.C. 2291¿

SEC. 232. WEEKLY AMOUNTS.

(a) Subject to subsections (b) and (c), the trade readjustment

allowance payable to an adversely affected worker for a week of

total unemployment shall be an amount equal to the most recent

weekly benefit amount of the unemployment insurance payable to

the worker for a week of total unemployment preceding the work-

er’s first exhaustion of unemployment insurance (as determined for

purposes of section 231(a)(3)(B)) reduced (but not below zero) by—

(1) any training allowance deductible under subsection (c);

and

(2) income that is deductible from unemployment insur-

ance under the disqualifying income provisions of the applica-

ble State law or Federal unemployment insurance law.

(b) Any adversely affected worker who is entitled to trade read-

justment allowances and who is undergoing training approved by

the Secretary, shall receive for each week in which he is under-

going any such training, a trade readjustment allowance in an

amount (computed for such week) equal to the amount computed

under subsection (a) or (if greater) the amount of any weekly allow-

ance for such training to which he would be entitled under any

other Federal law for the training of workers, if he applied for such

allowance. Such trade readjustment allowance shall be paid in lieu

of any training allowance to which the worker would be entitled

under such other Federal law.

this Act, is paid to an adversely affected worker for any week of

unemployment with respect to which he would be entitled (deter-

mined without regard to any disqualification under section 231(b))

to a trade readjustment allowance if he applied for such allowance,

each such week shall be deducted from the total number of weeks

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00084 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

85 Sec. 233 TRADE ACT OF 1974

Paragraph (2)(A) of section 406(a) of Public Law 114–27 provides as follows:

(2) section 233 of that Act shall be applied and administered—

(A) in subsection (a)—

(i) in paragraph (2), by substituting ‘‘104-week period’’ for ‘‘104-week period’’

and all that follows through ‘‘130-week period)’’; and

(ii) in paragraph (3)—

(I) in the matter preceding subparagraph (A), by substituting ‘‘65’’ for ‘‘52’’; and

(II) by substituting ‘‘78-week period’’ for ‘‘52-week period’’ each place it appears;

and

of trade readjustment allowance otherwise payable to him under

section 233(a) when he applies for a trade readjustment allowance

and is determined to be entitled to such allowance. If such training

allowance paid to such worker for any week of unemployment is

less than the amount of the trade readjustment allowance to which

he would be entitled if he applied for such allowance, he shall re-

ceive, when he applies for a trade readjustment allowance and is

determined to be entitled to such allowance, a trade readjustment

allowance for such week equal to such difference.

ø19 U.S.C. 2292¿

SEC. 233. LIMITATIONS ON TRADE READJUSTMENT ALLOWANCES.

(a)(1) The maximum amount of trade readjustment allowances

payable with respect to the period covered by any certification to

an adversely affected worker shall be the amount which is the

product of 52 multiplied by the trade readjustment allowance pay-

able to the worker for a week of total unemployment (as deter-

mined under section 232(a)), but such product shall be reduced by

the total sum of the unemployment insurance to which the worker

was entitled (or would have been entitled if he had applied there-

for) in the worker’s first benefit period described in section

231(a)(3)(A).

(2)

A trade readjustment allowance shall not be paid for any

week occurring after the close of the 104-week period (or, in the

case of an adversely affected worker who requires a program of re-

medial education (as described in section 236(a)(5)(D)) in order to

complete training approved for the worker under section 236, the

130-week period) that begins with the first week following the

week in which the adversely affected worker was most recently to-

tally separated from adversely affected employment—

(A) within the period which is described in section

231(a)(1), and

(B) with respect to which the worker meets the require-

ments of section 231(a)(2).

(3) Notwithstanding paragraph (1), in order to assist the ad-

versely affected worker to complete training approved for him

under section 236, and in accordance with regulations prescribed

by the Secretary, payments may be made as trade readjustment al-

lowances for up to 52 additional weeks in the 52-week period

that—

(A) follows the last week of entitlement to trade readjust-

ment allowances otherwise payable under this chapter; or

(B) begins with the first week of such training, if such

training begins after the last week described in subparagraph

(A).

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00085 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

86 Sec. 233 TRADE ACT OF 1974

Paragraph (2)(B) of section 406(a) of Public Law 114–27 provides:

(B) by applying and administering subsection (g) as if it read as follows:

(g) P

AYMENT OF

RADE

EADJUSTMENT

LLOWANCES TO

OMPLETE

RAINING

Notwithstanding

any other provision of this section, in order to assist an adversely affected worker to complete

training approved for the worker under section 236 that leads to the completion of a degree or

industry-recognized credential, payments may be made as trade readjustment allowances for not

more than 13 weeks within such period of eligibility as the Secretary may prescribe to account

for a break in training or for justifiable cause that follows the last week for which the worker

is otherwise entitled to a trade readjustment allowance under this chapter if—

(1) payment of the trade readjustment allowance for not more than 13 weeks is necessary

for the worker to complete the training;

(2) the worker participates in training in each such week; and

(3) the worker—

(A) has substantially met the performance benchmarks established as part of the

training approved for the worker;

(B) is expected to continue to make progress toward the completion of the training;

and

Payments for such additional weeks may be made only for weeks

in such 52-week period during which the individual is participating

in such training.

(b) A trade readjustment allowance may not be paid for an ad-

ditional week specified in subsection (a)(3) if the adversely affected

worker who would receive such allowance did not make a bona fide

application to a training program approved by the Secretary under

section 236 within 210 days after the date of the worker’s first cer-

tification of eligibility to apply for adjustment assistance issued by

the Secretary, or, if later, within 210 days after the date of the

worker’s total or partial separation referred to in section 231(a)(1).

part shall be subject to such adjustment on a week-to-week basis

as may be required by section 232(b).

(d) Notwithstanding any other provision of this Act or other

Federal law, if the benefit year of a worker ends within an ex-

tended benefit period, the number of weeks of extended benefits

that such worker would, but for this subsection, be entitled to in

that extended benefit period shall be reduced (but not below zero)

by the number of weeks for which the worker was entitled, during

such benefit year, to trade readjustment allowances under this

part. For purposes of this paragraph, the terms ‘‘benefit year’’ and

‘‘extended benefit period’’ shall have the same respective meanings

given to them in the Federal-State Extended Unemployment Com-

pensation Act of 1970.

(e) No trade readjustment allowance shall be paid to a worker

under this part for any week during which the worker is receiving

on-the-job training.

(f) For purposes of this chapter, a worker shall be treated as

participating in training during any week which is part of a break

in training that does not exceed 30 days if—

(1) the worker was participating in a training program ap-

proved under section 236(a) before the beginning of such break

in training, and

(2) the break is provided under such training program.

(g)

Notwithstanding any other provision of this section, in

order to assist an adversely affected worker to complete training

approved for the worker under section 236 which includes a pro-

gram of remedial education (as described in section 236(a)(5)(D)),

and in accordance with regulations prescribed by the Secretary,

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00086 Fmt 9001 Sfmt 5601 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

87 Sec. 236 TRADE ACT OF 1974

payments may be made as trade readjustment allowances for up to

26 additional weeks in the 26-week period that follows the last

week of entitlement to trade readjustment allowances otherwise

payable under this chapter.

ø19 U.S.C. 2293¿

SEC. 234. APPLICATION OF STATE LAWS.

Except where inconsistent with the provisions of this chapter

and subject to such regulations as the Secretary may prescribe, the

availability and disqualification provisions of the State law—

(1) under which an adversely affected worker is entitled to

unemployment insurance (whether or not he has filed a claim

for such insurance), or

(2) if he is not so entitled to unemployment insurance, of

the State in which he was totally or partially separated,

shall apply to any such worker who files a claim for trade readjust-

ment allowances. The State law so determined with respect to a

separation of a worker shall remain applicable, for purposes of the

preceding sentence, with respect to such separation until such

worker becomes entitled to unemployment insurance under another

State law (whether or not he has filed a claim for such insurance).

ø19 U.S.C. 2294¿

ART

II—T

RAINING

, O

THER

MPLOYMENT

ERVICES

AND

LLOWANCES

SEC. 235. EMPLOYMENT SERVICES.

The Secretary shall make every reasonable effort to secure for

adversely affected workers covered by a certification under sub-

chapter A of this chapter counseling, testing, and placement serv-

ices, and supportive and other services, provided for under any

other Federal law, including the services provided through one-stop

delivery systems described in section 134(c) of the Workforce In-

vestment Act of 1998 (29 U.S.C. 2864(c)). The Secretary shall,

whenever appropriate, procure such services through agreements

with the State.

ø19 U.S.C. 2295¿

SEC. 236. TRAINING.

(a)(1) If the Secretary determines that—

(A) there is no suitable employment (which may include

technical and professional employment) available for an ad-

versely affected worker,

(B) the worker would benefit from appropriate training,

lowing completion of such training,

(D) training approved by the Secretary is reasonably avail-

able to the worker from either governmental agencies or pri-

vate sources (which may include area career and technical edu-

cation schools, as defined in section 3 of the Carl D. Perkins

Career and Technical Education Act of 2006, and employers),

(E) the worker is qualified to undertake and complete such

training, and

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00087 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

88 Sec. 236 TRADE ACT OF 1974

(F) such training is suitable for the worker and available

at a reasonable cost,

the Secretary shall approve such training for the worker. Upon

such approval, the worker shall be entitled to have payment of the

costs of such training (subject to the limitations imposed by this

section) paid on his behalf by the Secretary directly or through a

voucher system. Insofar as possible, the Secretary shall provide or

assure the provision of such training on the job, which shall include

related education necessary for the acquisition of skills needed for

a position within a particular occupation.

(2)(A) The total amount of payments that may be made under

paragraph (1) for any fiscal year shall not exceed $220,000,000.

(B) If, during any fiscal year, the Secretary estimates that the

amount of funds necessary to pay the costs of training approved

under this section will exceed the amount of the limitation imposed

under subparagraph (A), the Secretary shall decide how the portion

of such limitation that has not been expended at the time of such

estimate is to be apportioned among the States for the remainder

of such fiscal year.

(3) For purposes of applying paragraph (1)(C), a reasonable ex-

pectation of employment does not require that employment oppor-

tunities for a worker be available, or offered, immediately upon the

completion of training approved under this paragraph (1).

(4)(A) If the costs of training an adversely affected worker are

paid by the Secretary under paragraph (1), no other payment for

such costs may be made under any other provision of Federal law.

(B) No payment may be made under paragraph (1) of the costs

of training an adversely affected worker if such costs—

(i) have already been paid under any other provision of

Federal law, or

(ii) are reimbursable under any other provision of Federal

law and a portion of such costs have already been paid under

such other provision of Federal law.

into account, any funds provided under any other provision of Fed-

eral law which are used for any purpose other than the direct pay-

ment of the costs incurred in training a particular adversely af-

fected worker, even if such use has the effect of indirectly paying

or reducing any portion of the costs involved in training the ad-

versely affected worker.

(5) The training programs that may be approved under para-

graph (1) include, but are not limited to—

(A) employer-based training, including—

(i) on-the-job training, and

(ii) customized training,

(B) any training program provided by a State pursuant to

title I of the Workforce Investment Act of 1998,

council established under section 102 of such Act,

(D) any program of remedial education,

(E) any training program (other than a training program

described in paragraph (7)) for which all, or any portion, of the

costs of training the worker are paid—

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00088 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

89 Sec. 236 TRADE ACT OF 1974

(i) under any Federal or State program other than this

chapter, or

(ii) from any source other than this section, and

(F) any other training program approved by the Secretary.

(6)(A) The Secretary is not required under paragraph (1) to pay

the costs of any training approved under paragraph (1) to the ex-

tent that such costs are paid—

(i) under any Federal or State program other than this

chapter, or

(ii) from any source other than this section.

(B) Before approving any training to which subparagraph (A)

may apply, the Secretary may require that the adversely affected

worker enter into an agreement with the Secretary under which

the Secretary will not be required to pay under this section the por-

tion of the costs of such training that the worker has reason to be-

lieve will be paid under the program, or by the source, described

in clause (i) or (ii) of subparagraph (A).

(7) The Secretary shall not approve a training program if—

(A) all or a portion of the costs of such training program

are paid under any nongovernmental plan or program,

(B) the adversely affected worker has a right to obtain

training or funds for training under such plan or program, and

the plan or program from funds provided under this chapter,

or from wages paid under such training program, for any por-

tion of the costs of such training program paid under the plan

or program.

(8) The Secretary may approve training for any adversely af-

fected worker who is a member of a group certified under sub-

chapter A at any time after the date on which the group is certified

under subchapter A, without regard to whether such worker has

exhausted all rights to any unemployment insurance to which the

worker is entitled.

(9) The Secretary shall prescribe regulations which set forth

the criteria under each of the subparagraphs of paragraph (1) that

will be used as the basis for making determinations under para-

graph (1).

(b) The Secretary may, where approppriate, authorize supple-

mental assistance necessary to defray reasonable transportation

and subsistence expenses for separate maintenance when training

is provided in facilities which are not within commuting distance

of a worker’s regular place of residence. The Secretary may not au-

thorize—

(1) payments for subsistence that exceed whichever is the

lesser of (A) the actual per diem expenses for subsistence, or

(B) payments at 50 percent of the prevailing per diem allow-

ance rate authorized under the Federal travel regulations, or

(2) payments for travel expenses exceeding the prevailing

mileage rate authorized under the Federal travel regulations,

and

of an adversely affected worker that is approved under subsection

(a)(1) in equal monthly installments, but the Secretary may pay

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00089 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

90 Sec. 236 TRADE ACT OF 1974

such costs, notwithstanding any other provision of this section, only

if—

(1) no currently employed worker is displaced by such ad-

versely affected worker (including partial displacement such as

a reduction in the hours of nonovertime work, wages, or em-

ployment benefits),

(2) such training does not impair existing contracts for

services or collective bargaining agreements,

(3) in the case of training which would be inconsistent

with the terms of a collective bargaining agreement, the writ-

ten concurrence of the labor organization concerned has been

obtained,

(4) no other individual is on layoff from the same, or any

substantially equivalent, job for which such adversely affected

worker is being trained,

(5) the employer has not terminated the employment of

any regular employee or otherwise reduced the workforce of

the employer with the intention of filling the vacancy so cre-

ated by hiring such adversely affected worker,

(6) the job for which such adversely affected worker is

being trained is not being created in a promotional line that

will infringe in any way upon the promotional opportunities of

currently employed individuals,

(7) such training is not for the same occupation from which

the worker was separated and with respect to which such

worker’s group was certified pursuant to section 222,

(8) the employer is provided reimbursement of not more

than 50 percent of the wage rate of the participant, for the cost

of providing the training and additional supervision related to

the training,

(9) the employer has not received payment under sub-

section (a)(1) with respect to any other on-the-job training pro-

vided by such employer which failed to meet the requirements

of paragraphs (1), (2), (3), (4), (5), and (6), and

(10) the employer has not taken, at any time, any action

which violated the terms of any certification described in para-

graph (8) made by such employer with respect to any other on-

the-job training provided by such employer for which the Sec-

retary has made a payment under subsection (a)(1).

(d) A worker may not be determined to be ineligible or dis-

qualified for unemployment insurance or program benefits under

this subchapter because the individual is in training approved

under subsection (a), because of leaving work which is not suitable

employment to enter such training, or because of the application to

any such week in training of provisions of State law or Federal un-

employment insurance law relating to availability for work, active

search for work, or refusal to accept work. The Secretary shall sub-

mit to the Congress a quarterly report regarding the amount of

funds expended during the quarter concerned to provide training

under paragraph (1) and the anticipated demand for such funds for

any remaining quarters in the fiscal year concerned.

(e) For purposes of this section the term ‘‘suitable employment’’

means, with respect to a worker, work of a substantially equal or

higher skill level than the worker’s past adversely affected employ-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00090 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

91 Sec. 237 TRADE ACT OF 1974

ment, and wages for such work at not less than 80 percent of the

worker’s average weekly wage.

(f) For purposes of this section, the term ‘‘customized training’’

means training that is—

(1) designed to meet the special requirements of an em-

ployer or group of employers;

(2) conducted with a commitment by the employer or group

of employers to employ an individual upon successful comple-

tion of the training; and

(3) for which the employer pays for a significant portion

(but in no case less than 50 percent) of the cost of such train-

ing, as determined by the Secretary.

ø19 U.S.C. 2296¿

SEC. 237. JOB SEARCH ALLOWANCES.

(a) J

EARCH

LLOWANCE

UTHORIZED

.—

(1) I

N GENERAL

.—An adversely affected worker covered by

a certification issued under subchapter A of this chapter may

file an application with the Secretary for payment of a job

search allowance.

(2) A

PPROVAL OF APPLICATIONS

.—The Secretary may grant

an allowance pursuant to an application filed under paragraph

(1) when all of the following apply:

(A) A

SSIST ADVERSELY AFFECTED WORKER

.—The allow-

ance is paid to assist an adversely affected worker who has

been totally separated in securing a job within the United

States.

(B) L

OCAL EMPLOYMENT NOT AVAILABLE

.—The Sec-

retary determines that the worker cannot reasonably be

expected to secure suitable employment in the commuting

area in which the worker resides.

PPLICATION

.—The worker has filed an application

for the allowance with the Secretary before—

(i) the later of—

(I) the 365th day after the date of the certifi-

cation under which the worker is certified as eligi-

ble; or

(II) the 365th day after the date of the work-

er’s last total separation; or

(ii) the date that is the 182d day after the date on

which the worker concluded training, unless the work-

er received a waiver under section 231(c).

(b) A

MOUNT OF

LLOWANCE

.—

(1) I

N GENERAL

.—An allowance granted under subsection

(a) shall provide reimbursement to the worker of 90 percent of

the cost of necessary job search expenses as prescribed by the

Secretary in regulations.

(2) M

AXIMUM ALLOWANCE

.—Reimbursement under this

subsection may not exceed $1,250 for any worker.

(3) A

LLOWANCE FOR SUBSISTENCE AND TRANSPORTATION

.—

Reimbursement under this subsection may not be made for

subsistence and transportation expenses at levels exceeding

those allowable under section 236(b) (1) and (2).

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00091 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

92 Sec. 238 TRADE ACT OF 1974

XCEPTION

.—Notwithstanding subsection (b), the Secretary

shall reimburse any adversely affected worker for necessary ex-

penses incurred by the worker in participating in a job search pro-

gram approved by the Secretary.

ø19 U.S.C. 2297¿

SEC. 238. RELOCATION ALLOWANCES.

(a) R

ELOCATION

LLOWANCE

UTHORIZED

.—

(1) I

N GENERAL

.—Any adversely affected worker covered by

a certification issued under subchapter A of this chapter may

file an application for a relocation allowance with the Sec-

retary, and the Secretary may grant the relocation allowance,

subject to the terms and conditions of this section.

(2) C

ONDITIONS FOR GRANTING ALLOWANCE

.—A relocation

allowance may be granted if all of the following terms and con-

ditions are met:

(A) A

SSIST AN ADVERSELY AFFECTED WORKER

.—The re-

location allowance will assist an adversely affected worker

in relocating within the United States.

(B) L

OCAL EMPLOYMENT NOT AVAILABLE

.—The Sec-

retary determines that the worker cannot reasonably be

expected to secure suitable employment in the commuting

area in which the worker resides.

OTAL SEPARATION

.—The worker is totally sepa-

rated from employment at the time relocation commences.

(D) S

UITABLE EMPLOYMENT OBTAINED

.—The worker—

(i) has obtained suitable employment affording a

reasonable expectation of long-term duration in the

area in which the worker wishes to relocate; or

(ii) has obtained a bona fide offer of such employ-

ment.

(E) A

PPLICATION

.—The worker filed an application

with the Secretary before—

(i) the later of—

(I) the 425th day after the date of the certifi-

cation under subchapter A of this chapter; or

(II) the 425th day after the date of the work-

er’s last total separation; or

(ii) the date that is the 182d day after the date on

which the worker concluded training, unless the work-

er received a waiver under section 231(c).

(b) A

MOUNT OF

LLOWANCE

.—The relocation allowance granted

to a worker under subsection (a) includes—

(1) 90 percent of the reasonable and necessary expenses

(including, but not limited to, subsistence and transportation

expenses at levels not exceeding those allowable under section

236(b) (1) and (2) specified in regulations prescribed by the

Secretary) incurred in transporting the worker, the worker’s

family, and household effects; and

(2) a lump sum equivalent to 3 times the worker’s average

weekly wage, up to a maximum payment of $1,250.

IMITATIONS

.—A relocation allowance may not be granted to

a worker unless—

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00092 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

93 Sec. 239 TRADE ACT OF 1974

(1) the relocation occurs within 182 days after the filing of

the application for relocation assistance; or

(2) the relocation occurs within 182 days after the conclu-

sion of training, if the worker entered a training program ap-

proved by the Secretary under section 236(b) (1) and (2).

ø19 U.S.C. 2298¿

Subchapter C—General Provisions

SEC. 239. AGREEMENTS WITH STATES.

(a) The Secretary is authorized on behalf of the United States

to enter into an agreement with any State, or with any State agen-

cy (referred to in this subchapter as ‘‘cooperating States’’ and ‘‘co-

operating States agencies’’ respectively). Under such an agreement,

the cooperating State agency (1) as agent of the United States, will

receive applications for, and will provide, payments on the basis

provided in this chapter, (2) where appropriate, but in accordance

with subsection (f), will afford adversely affected workers testing,

counseling, referral to training and job search programs, and place-

ment services, (3) will make any certifications required under sec-

tion 231(c)(2), and (4) will otherwise cooperate with the Secretary

and with other State and Federal agencies in providing payments

and services under this chapter.

(b) Each agreement under this subchapter shall provide the

terms and conditions upon which the agreement may be amended,

suspended, or terminated.

unemployment insurance otherwise payable to any adversely af-

fected worker will not be denied or reduced for any week by reason

of any right to payments under this chapter.

(d) A determination by a cooperating State agency with respect

to entitlement to program benefits under an agreement is subject

to review in the same manner and to the same extent as deter-

minations under the applicable State law and only in that manner

and to that extent.

(e) Any agreement entered into under this section shall provide

for the coordination of the administration of the provisions for em-

ployment services, training, and supplemental assistance under

sections 235 and 236 of this Act and under title I of the Workforce

Investment Act of 1998 upon such terms and conditions as are es-

tablished by the Secretary in consultation with the States and set

forth in such agreement. Any agency of the State jointly admin-

istering such provisions under such agreement shall be considered

to be a cooperating State agency for purposes of this chapter.

(f) Each cooperating State agency shall, in carrying out sub-

section (a)(2)—

(1) advise each worker who applies for unemployment in-

surance of the benefits under this chapter and the procedures

and deadlines for applying for such benefits,

(2) facilitate the early filing of petitions under section 221

for any workers that the agency considers are likely to be eligi-

ble for benefits under this chapter,

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00093 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

94 Sec. 240 TRADE ACT OF 1974

(3) advise each adversely affected worker to apply for

training under section 236(a) before, or at the same time, the

worker applies for trade readjustment allowances under part I

of subchapter B, and

(4) as soon as practicable, interview the adversely affected

worker regarding suitable training opportunities available to

the worker under section 236 and review such opportunities

with the worker.

(g) In order to promote the coordination of workforce invest-

ment activities in each State with activities carried out under this

chapter, any agreement entered into under this section shall pro-

vide that the State shall submit to the Secretary, in such form as

the Secretary may require, the description and information de-

scribed in paragraphs (8) and (14) of section 112(b) of the Work-

force Investment Act of 1998.

ø19 U.S.C. 2311¿

SEC. 240. ADMINISTRATION ABSENT STATE AGREEMENT.

(a) In any State where there is no agreement in force between

a State or its agency under section 239, the Secretary shall arrange

under regulations prescribed by him for performance of all nec-

essary functions under subchapter B of this chapter, including pro-

vision for a fair hearing for any worker whose application for pay-

ments is denied.

(b) A final determination under subsection (a) with respect to

entitlement to program benefits under subchapter B of this chapter

is subject to review by the courts in the same manner and to the

same extent as is provided by section 205(g) of the Social Security

Act (42 U.S.C. 405(g)).

ø19 U.S.C. 2312¿

SEC. 241. PAYMENTS TO STATES.

(a) The Secretary shall from time to time certify to the Sec-

retary of the Treasury for payment to each cooperating State the

sums necessary to enable such State as agent of the United States

to make payments provided for by this chapter.

(b) All money paid a State under this section shall be used

solely for the purposes for which it is paid; and money so paid

which is not used for such purposes shall be returned, at the time

specified in the agreement under this subchapter, to the Secretary

of the Treasury.

cer or employee of the State certifying payments or disbursing

funds under the agreement or otherwise participating in the per-

formance of the agreement, to give a surety bond to the United

States in such amount as the Secretary may deem necessary, and

may provide for the payment of the cost of such bond from funds

for carrying out the purposes of this chapter.

ø19 U.S.C. 2313¿

SEC. 242. LIABILITIES OF CERTIFYING AND DISBURSING OFFICERS.

(a) No person designated by the Secretary, or designated pur-

suant to an agreement under this subchapter, as a certifying offi-

cer, shall, in the absence of gross negligence or intent to defraud

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00094 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

95 Sec. 243 TRADE ACT OF 1974

the United States, be liable with respect to any payment certified

by him under this chapter.

(b) No disbursing officer shall, in the absence of gross neg-

ligence or intent to defraud the United States, be liable with re-

spect to any payment by him under this chapter if it was based

upon a voucher signed by a certifying officer designated as provided

in subsection (a).

ø19 U.S.C. 2314¿

SEC. 243. FRAUD AND RECOVERY OF OVERPAYMENTS.

(a)(1) If a cooperating State agency, the Secretary, or a court

of competent jurisdiction determines that any person has received

any payment under this chapter to which the person was not enti-

tled, including a payment referred to in subsection (b), such person

shall be liable to repay such amount to the State agency or the Sec-

retary, as the case may be, except that the State agency or the Sec-

retary may waive such repayment if such agency or the Secretary

determines, in accordance with guidelines prescribed by the Sec-

retary, that—

(A) the payment was made without fault on the part of

such individual, and

(B) requiring such repayment would be contrary to equity

and good conscience.

(2) Unless an overpayment is otherwise recovered, or waived

under paragraph (1), the State agency or the Secretary shall re-

cover the overpayment by deductions from any sums payable to

such person under this chapter, under any Federal unemployment

compensation law administered by the State agency or the Sec-

retary, or under any other Federal law administered by the State

agency or the Secretary which provides for the payment of assist-

ance or an allowance with respect to unemployment, and, notwith-

standing any other provision of State law or Federal law to the con-

trary, the Secretary may require the State agency to recover any

overpayment under this chapter by deduction from any unemploy-

ment insurance payable to such person under the State law, except

that no single deduction under this paragraph shall exceed 50 per-

cent of the amount otherwise payable.

(b) If a cooperating State agency, the Secretary, or a court of

competent jurisdiction determines that an individual—

(1) knowingly has made, or caused another to make, a

false statement or representation of a material fact, or

(2) knowingly has failed, or caused another to fail, to dis-

close a material fact,

and as a result of such false statement or representation, or of such

nondisclosure, such individual has received any payment under

this chapter to which the individual was not entitled, such indi-

vidual shall, in addition to any other penalty provided by law, be

ineligible for any further payments under this chapter.

petent jurisdiction, no repayment may be required, and no deduc-

tion may be made, under this section until a determination under

subsection (a)(1) by the State agency or the Secretary, as the case

may be, has been made, notice of the determination and an oppor-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00095 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

96 Sec. 244 TRADE ACT OF 1974

Paragraph (3) of section 406(a) of Public Law 114–27 provides that section 245(a) of the

Trade Act of 1974 shall be applied and administered by substituting ‘‘June 30, 2022’’ for ‘‘De-

cember 31, 2007’’.

tunity for a fair hearing thereon has been given to the individual

concerned, and the determination has become final.

(d) Any amount recovered under this section shall be returned

to the Treasury of the United States.

ø19 U.S.C. 2315¿

SEC. 244. PENALTIES.

Whoever makes a false statement of a material fact knowing

it to be false, or knowingly fails to disclose a material fact, for the

purpose of obtaining or increasing for himself or for any other per-

son any payment authorized to be furnished under this chapter or

pursuant to an agreement under section 239 shall be fined not

more than $1,000 or imprisoned for not more than one year, or

both.

ø19 U.S.C. 2316¿

SEC. 245. AUTHORIZATION OF APPROPRIATIONS.

(a) I

ENERAL

.—There are authorized to be appropriated to

the Department of Labor, for the period beginning October 1, 2001,

and ending December 31, 2007

, such sums as may be necessary

to carry out the purposes of this chapter.

(b) P

ERIOD OF

XPENDITURE

.—Funds obligated for any fiscal

year to carry out activities under sections 235 through 238 may be

expended by each State receiving such funds during that fiscal year

and the succeeding two fiscal years.

ø19 U.S.C. 2317¿

SEC. 246. DEMONSTRATION PROJECT FOR ALTERNATIVE TRADE AD-

JUSTMENT ASSISTANCE FOR OLDER WORKERS.

(a) I

ENERAL

.—

(1) E

STABLISHMENT

.—Not later than 1 year after the date

of enactment of the Trade Adjustment Assistance Reform Act

of 2002, the Secretary shall establish an alternative trade ad-

justment assistance program for older workers that provides

the benefits described in paragraph (2).

(2) B

ENEFITS

(A) P

AYMENTS

.—A State shall use the funds provided

to the State under section 241 to pay, for a period not to

exceed 2 years, to a worker described in paragraph (3)(B),

50 percent of the difference between—

(i) the wages received by the worker from reem-

ployment; and

(ii) the wages received by the worker at the time

of separation.

(B) H

EALTH INSURANCE

.—A worker described in para-

graph (3)(B) participating in the program established

under paragraph (1) is eligible to receive, for a period not

to exceed 2 years, a credit for health insurance costs under

section 35 of the Internal Revenue Code of 1986, as added

by section 201 of the Trade Act of 2002.

(3) E

LIGIBILITY

.—

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00096 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

97 Sec. 246 TRADE ACT OF 1974

(A) F

IRM ELIGIBILITY

.—

(i) I

N GENERAL

.—The Secretary shall provide the

opportunity for a group of workers on whose behalf a

petition is filed under section 221 to request that the

group of workers be certified for the alternative trade

adjustment assistance program under this section at

the time the petition is filed.

(ii) C

RITERIA

.—In determining whether to certify a

group of workers as eligible for the alternative trade

adjustment assistance program, the Secretary shall

consider the following criteria:

(I) Whether a significant number of workers

in the workers’ firm are 50 years of age or older.

(II) Whether the workers in the workers’ firm

possess skills that are not easily transferable.

(III) The competitive conditions within the

workers’ industry.

(iii) D

EADLINE

.—The Secretary shall determine

whether the workers in the group are eligible for the

alternative trade adjustment assistance program by

the date specified in section 223(a).

(B) I

NDIVIDUAL

LIGIBILITY

.—A worker in the group

that the Secretary has certified as eligible for the alter-

native trade adjustment assistance program may elect to

receive benefits under the alternative trade adjustment as-

sistance program if the worker—

(i) is covered by a certification under subchapter

A of this chapter;

(ii) obtains reemployment not more than 26 weeks

after the date of separation from the adversely af-

fected employment;

(iii) is at least 50 years of age;

(iv) earns not more than $50,000 a year in wages

from reemployment;

(v) is employed on a full-time basis as defined by

State law in the State in which the worker is em-

ployed; and

(vi) does not return to the employment from which

the worker was separated.

(4) T

OTAL AMOUNT OF PAYMENTS

.—The payments described

in paragraph (2)(A) made to a worker may not exceed $10,000

per worker during the 2-year eligibility period.

(5) L

IMITATION ON OTHER BENEFITS

.—Except as provided in

paragraph (2)(B), if a worker is receiving payments pursuant

to the program established under paragraph (1), the worker

shall not be eligible to receive any other benefits under this

title.

(b) T

ERMINATION

.—

(1) I

N GENERAL

.—Except as provided in paragraph (2), no

payments may be made by a State under the program estab-

lished under subsection (a)(1) after the date that is 5 years

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00097 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

98 Sec. 247 TRADE ACT OF 1974

Paragraph (4) of section 406(a) of Public Law 114–27 provides that section 246(b)(1) of the

Trade Act of 1974 shall be applied and administered by substituting ‘‘June 30, 2022’’ for ‘‘the

date that is 5 years’’ and all that follows through ‘‘State’’.

after the date on which such program is implemented by the

State

(2) E

XCEPTION

.—Notwithstanding paragraph (1), a worker

receiving payments under the program established under sub-

section (a)(1) on the termination date described in paragraph

(1) shall continue to receive such payments if the worker meets

the criteria described in subsection (a)(3)(B).

ø19 U.S.C. 2318¿

SEC. 247. DEFINITIONS.

For purposes of this chapter—

(1) The term ‘‘adversely affected employment’’ means em-

ployment in a firm or appropriate subdivision of a firm, if

workers of such firm or subdivision are eligible to apply for ad-

justment assistance under this chapter.

(2) The term ‘‘adversely affected worker’’ means an indi-

vidual who, because of lack of work in adversely affected em-

ployment—

(A) has been totally or partially separated from such

employment, or

(B) has been totally separated from employment with

the firm in a subdivision of which such adversely affected

employment exists.

ø(3) Repealed.¿

(4) The term ‘‘average weekly wage’’ means one-thirteenth

of the total wages paid to an individual in the high quarter.

For purposes of this computation, the high quarter shall be

that quarter in which the individual’s total wages were highest

among the first 4 of the last 5 completed calendar quarters im-

mediately before the quarter in which occurs the week with re-

spect to which the computation is made. Such week shall be

the week in which total separation occurred, or, in cases where

partial separation is claimed, an appropriate week, as defined

in regulations prescribed by the Secretary.

(5) The term ‘‘average weekly hours’’ means the average

hours worked by the individual (excluding overtime) in the em-

ployment from which he has been or claims to have been sepa-

rated in the 52 weeks (excluding weeks during which the indi-

vidual was sick or on vacation) preceding the week specified in

the last sentence of paragraph (4).

(6) The term ‘‘partial separation’’ means, with respect to

an individual who has not been totally separated, that he has

had—

(A) his hours of work reduced to 80 percent or less of

his average weekly hours in adversely affected employ-

ment, and

(B) his wages reduced to 80 percent or less of his aver-

age weekly wage in such adversely affected employment.

ø(7) Repealed.¿

(8) The term ‘‘State’’ includes the District of Columbia and

the Commonwealth of Puerto Rico: and the term ‘‘United

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00098 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

99 Sec. 248 TRADE ACT OF 1974

States’’ when used in the geographical sense includes such

Commonwealth.

(9) The term ‘‘State agency’’ means the agency of the State

which administers the State law.

(10) The term ‘‘State law’’ means the unemployment insur-

ance law of the State approved by the Secretary of Labor under

section 3304 of the Internal Revenue Code of 1954.

(11) The term ‘‘total separation’’ means the layoff or sever-

ance of an individual from employment with a firm in which,

or in a subdivision of which, adversely affected employment ex-

ists.

(12) The term ‘‘unemployment insurance’’ means the un-

employment compensation payable to an individual under any

State law or Federal unemployment compensation law, includ-

ing chapter 85 of title 5, United States Code, and the Railroad

Unemployment Insurance Act. The terms ‘‘regular compensa-

tion’’, ‘‘additional compensation’’, and ‘‘extended compensation’’

have the same respective meanings that are given them in sec-

tion 205(2), (3), and (4) of the Federal-State Extended Unem-

ployment Compensation Act of 1970 (26 U.S.C. 3304 note.)

(13) The term ‘‘week’’ means a week as defined in the ap-

plicable State law.

(14) The term ‘‘week of unemployment’’ means a week of

total, part-total, or partial unemployment as determined under

the applicable State law or Federal unemployment insurance

law.

(15) The term ‘‘benefit period’’ means, with respect to an

individual—

(A) the benefit year and any ensuing period, as deter-

mined under applicable State law, during which the indi-

vidual is eligible for regular compensation, additional com-

pensation, or extended compensation, or

(B) the equivalent to such a benefit year or ensuing

period provided for under the applicable Federal unem-

ployment insurance law.

(16) The term ‘‘on-the-job training’’ means training pro-

vided by an employer to an individual who is employed by the

employer.

(17)(A) The term ‘‘job search program’’ means a job search

workshop or job finding club.

(B) The term ‘‘job search workshop’’ means a short (1 to 3

days) seminar designed to provide participants with knowledge

that will enable the participants to find jobs. Subjects are not

limited to, but should include, labor market information, re-

sume writing, interviewing techniques, and techniques for find-

ing job openings.

shop which includes a period (1 and 2 weeks) of structured, su-

pervised activity in which participants attempt to obtain jobs.

ø19 U.S.C. 2319¿

SEC. 248. REGULATIONS.

The Secretary shall prescribe such regulations as may be nec-

essary to carry out the provisions of this chapter.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00099 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

100 Sec. 249 TRADE ACT OF 1974

Section 1421(b)(2) of Pub. L. 100–418 (102 Stat. 1244) amends subparagraph (C) of section

251(c)(1) to read as follows:

‘‘(C) increases of imports of articles like or directly competitive with articles—

‘‘(i) which are produced by such firm, or

‘‘(ii) for which such firm provides essential goods or essential services,

contributed importantly to such total or partial separation, or threat thereof, and to such

decline in sales or production.’’.

ø19 U.S.C. 2320¿

SEC. 249. SUBPENA POWER.

(a) The Secretary may require by subpena the attendance of

witnesses and the production of evidence necessary for him to

make a determination under the provisions of this chapter.

(b) If a person refuses to obey a subpena issued under sub-

section (a), a United States district court within the jurisdiction of

which the relevant proceeding under this chapter is conducted may,

upon petition by the Secretary, issue an order requiring compliance

with such subpena.

ø19 U.S.C. 2321¿

CHAPTER 3—ADJUSTMENT ASSISTANCE FOR

FIRMS

SEC. 251. PETITIONS AND DETERMINATIONS.

(a) A petition for a certification of eligibility to apply for adjust-

ment assistance under this chapter may be filed with the Secretary

of Commerce (hereinafter in this chapter referred to as the ‘‘Sec-

retary’’) by a firm (including any agricultural firm) or its represent-

ative. Upon receipt of the petition, the Secretary shall promptly

publish notice in the Federal Register that he has received the peti-

tion and initiated an investigation.

(b) If the petitioner, or any other person, organization, or group

found by the Secretary to have a substantial interest in the pro-

ceedings, submits not later than 10 days after the date of the Sec-

retary’s publication under subsection (a) a request for a hearing,

the Secretary shall provide for a public hearing and afford such in-

terested persons an opportunity to be present, to produce evidence,

and to be heard.

(c)(1) The Secretary shall certify a firm (including any agricul-

tural firm) as eligible to apply for adjustment assistance under this

chapter if the Secretary determines—

(A) that a significant number or proportion of the workers

in such firm have become totally or partially separated, or are

threatened to become totally or partially separated,

(B) that—

(i) sales or production, or both, of the firm have de-

creased absolutely, or

(ii) sales or production, or both, of an article that ac-

counted for not less than 25 percent of the total production

or sales of the firm during the 12-month period preceding

the most recent 12-month period for which data are avail-

able have decreased absolutely, and

(C)

increases of imports of articles like or directly com-

petitive with articles which are produced by such firm contrib-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00100 Fmt 9001 Sfmt 5601 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

101 Sec. 253 TRADE ACT OF 1974

The amendment did not become effective pursuant to section 1430(d) of such Public Law (102

Stat. 1257). See notes for section 1430 of Pub. L. 100–418 (as amended) set out in section 2397

of title 19, United States Code, and the determination by the President that certain import fees

are not in the national economic interest.

uted importantly to such total or partial separation, or threat

thereof, and to such decline in sales or production.

(2) For purposes of paragraph (1)(C)—

(A) The term ‘‘contributed importantly’’ means a cause

which is important but not necessarily more important than

any other cause.

(B)(i) Any firm which engages in exploration or drilling for

oil or natural gas shall be considered to be a firm producing

oil or natural gas.

(ii) Any firm that engages in exploration or drilling for oil

or natural gas, or otherwise producing articles directly com-

petitive with imports of oil and with imports of natural gas.

(d) A determination shall be made by the Secretary as soon as

possible after the date on which the petition is filed under this sec-

tion, but in any event not later than 60 days after that date.

ø19 U.S.C. 2341¿

SEC. 252. APPROVAL OF ADJUSTMENT PROPOSALS.

(a) A firm certified under section 251 as eligible to apply for

adjustment assistance may, at any time within 2 years after the

date of such certification, file an application with the Secretary for

adjustment assistance under this chapter. Such application shall

include a proposal for the economic adjustment of such firm.

(b)(1) Adjustment assistance under this chapter consists of

technical assistance. The Secretary shall approve a firm’s applica-

tion for adjustment assistance only if the Secretary determines that

the firm’s adjustment proposal—

(A) is reasonably calculated to materially contribute to the

economic adjustment of the firm,

(B) gives adequate consideration to the interests of the

workers of such firm, and

forts to use its own resources for economic development.

(2) The Secretary shall make a determination as soon as pos-

sible after the date on which an application is filed under this sec-

tion, but in no event later than 60 days after such date.

requires assistance under this chapter, he shall terminate the cer-

tification of eligibility of such firm and promptly have notice of

such termination published in the Federal Register. Such termi-

nation shall take effect on the termination date specified by the

Secretary.

ø19 U.S.C. 2342¿

SEC. 253. TECHNICAL ASSISTANCE.

(a) The Secretary may provide a firm, on terms and conditions

as the Secretary determines to be appropriate, with such technical

assistance as in his judgment will carry out the purposes of this

chapter with respect to the firm. The technical assistance furnished

under this chapter may consist of one or more of the following:

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00101 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

102 Sec. 254 TRADE ACT OF 1974

(1) Assistance to a firm in preparing its petition for certifi-

cation of eligibility under section 251 of this chapter.

(2) Assistance to a certified firm in developing a proposal

for its economic adjustment.

(3) Assistance of a certified firm in the implementation of

such a proposal.

(b)(1) The Secretary shall furnish technical assistance under

this chapter through existing agencies and through private individ-

uals, firms, or institutions (including private consulting services),

or by grants to intermediary organizations (including Trade Adjust-

ment Assistance Centers).

(2) In the case of assistance furnished through private individ-

uals, firms, or institutions (including private consulting services),

the Secretary may share the cost thereof (but not more than 75

percent of such cost for assistance described in paragraph (2) or (3)

of subsection (a) may be borne by the United States).

(3) The Secretary may make grants to intermediary organiza-

tions in order to defray up to 100 percent of administrative ex-

penses incurred in providing such technical assistance to a firm.

ø19 U.S.C. 2343¿

SEC. 254. FINANCIAL ASSISTANCE.

(a) The Secretary may provide to a firm, on such terms and

conditions as he determines to be appropriate, such financial as-

sistance in the form of direct loans or guarantees of loans as in his

judgment will materially contribute to the economic adjustment of

the firm. The assumption of an outstanding indebtedness of the

firm, with or without recourse, shall be considered to be the mak-

ing of a loan for purposes of this section.

(b) Loans or guarantee of loans shall be made under this chap-

ter only for the purpose of making funds available to the firm—

(1) for acquisition, construction, installation, moderniza-

tion, development, conversion, or expansion of land, plant,

buildings, equipment, facilities, or machinery, or

(2) to supply such working capital as may be necessary to

enable the firm to implement its adjustment proposal.

if the firm can obtain loan funds from private sources (with or

without a guarantee) at a rate no higher than the maximum inter-

est per annum that a participating financial institution may estab-

lish on guaranteed loans made pursuant to section 7(a) of the

Small Business Act.

(d) Notwithstanding any other provision of this chapter, no di-

rect loans or guarantees of loans may be made under this chapter

after the date of enactment of the Trade Adjustment Assistance Re-

form and Extension Act of 1986.

ø19 U.S.C. 2344¿

SEC. 255. CONDITIONS FOR FINANCIAL ASSISTANCE.

(a) No financial assistance shall be provided under this chapter

unless the Secretary determines—

(1) that the funds required are not available from the

firm’s own resources; and

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00102 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

103 Sec. 255 TRADE ACT OF 1974

(2) that there is reasonable assurance of repayment of the

loan.

(b)(1) The rate of interest on direct loans made under this

chapter shall be—

(A) a rate determined by the Secretary of the Treasury

taking into consideration the current average market yield on

outstanding marketable obligations of the United States with

remaining periods of maturity that are comparable to the aver-

age maturities of such loans, adjusted to the nearest one-

eighth of 1 percent, plus

(B) an amount adequate in the judgment of the Secretary

of Commerce to cover administrative costs and probable losses

under the program.

(2) The Secretary may not guarantee any loan under this chap-

ter if—

(A) the rate of interest on either the portion to be guaran-

teed, or the portion not to be guaranteed, is determined by the

Secretary to be excessive when compared with other loans

bearing Federal guarantees and subject to similar terms and

conditions; and

(B) the interest on the loan is exempt from Federal income

taxation under section 103 of the Internal Revenue Code of

1954.

under section 254(b)(1) having a maturity in excess of 25 years or

the useful life of the fixed assets (whichever period is shorter), in-

cluding renewals and extensions; and shall make no loan or guar-

antee of a loan under section 254(b)(2) having a maturity in excess

of 10 years, including extensions and renewals. Such limitations on

maturities shall not, however, apply—

(1) to securities or obligations received by the Secretary as

claimant in bankruptcy or equitable reorganization, or as cred-

itor in other proceedings attendant upon insolvency of the obli-

gor, or

(2) to an extension or renewal for an additional period not

exceeding 10 years, if the Secretary determines that such ex-

tension or renewal is reasonably necessary for the orderly liq-

uidation or servicing of the loan.

(d)(1) In making guarantees of loans, and in making direct

loans, the Secretary shall give priority to firms which are small

within the meaning of the Small Business Act (and regulations pro-

mulgated thereunder).

(2) For any direct loan made, or any loan guaranteed, under

the authority of this chapter, the Secretary may enter into arrange-

ments for the servicing, including foreclosure, of such loans or evi-

dences of indebtedness on terms which are reasonable and which

protect the financial interests of the United States.

(e) The following conditions apply with respect to any loan

guaranteed under this chapter:

(1) No guarantee may be made for an amount which ex-

ceeds 90 percent of the outstanding balance of the unpaid prin-

cipal and interest on the loan.

(2) The loan may be evidenced by multiple obligations for

the guaranteed and nonguaranteed portions of the loan.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00103 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

104 Sec. 255 TRADE ACT OF 1974

(3) The guarantee agreement shall be conclusive evidence

of the eligibility of any obligation guaranteed thereunder for

such guarantee, and the validity of any guarantee agreement

shall be incontestable, except for fraud or misrepresentation by

the holder.

(f) The Secretary shall maintain operating reserve with respect

to anticipated claims under guarantees made under this chapter.

Such reserves shall be considered to constitute obligations for pur-

poses of section 1311 of the Supplemental Appropriation Act, 1955

(31 U.S.C. 200).

(g) The Secretary may charge a fee to a lender which makes

a loan guaranteed under this chapter in such amount as is nec-

essary to cover the cost of administration of such guarantee.

(h)(1) The aggregate amount of loans made to any firm which

are guaranteed under this chapter and which are outstanding at

any time shall not exceed $3,000,000.

(2) The aggregate amount of direct loans made to any firm

under this chapter which are outstanding at any time shall not ex-

ceed $1,000,000.

Preference for Firms Having Employee Stock Ownership Plans

(i)(1) When considering whether to grant a direct loan or to

guarantee a loan to a corporation which is otherwise certified

under section 251, the Secretary shall give preference to a corpora-

tion which agrees with respect to such loan to fulfill the following

requirements—

(A) 25 percent of the principal amount of the loan is paid

by the lender to a qualified trust established under an em-

ployee stock ownership plan established and maintained by the

recipient corporation, by a parent or subsidiary of such cor-

poration, or by several corporations including the recipient cor-

poration,

(B) the employee stock ownership plan meets the require-

ments of this subsection, and

lender, and the qualified trust relating to the loan meets the

requirements of this section.

(2) An employee stock ownership plan does not meet the re-

quirements of this subsection unless the governing instrument of

the plan provides that—

(A) the amount of the loan paid under paragraph (1)(A) to

the qualified trust will be used to purchase qualified employer

securities,

(B) the qualified trust will repay to the lender the amount

of such loan, together with the interest thereon, out of amounts

contributed to the trust by the recipient corporation, and

amount, the trust will allocate qualified employer securities

among the individual accounts of participants and their bene-

ficiaries in accordance with the provisions of paragraph (4).

(3) The agreement among the recipient corporation, the lender,

and the qualified trust does not meet the requirements of this sub-

section unless—

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00104 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

105 Sec. 255 TRADE ACT OF 1974

(A) it is unconditionally enforceable by any party against

the others, jointly and severally,

(B) it provides that the liability of the qualified trust to

repay loan amounts paid to the qualified trust may not, at any

time, exceed an amount equal to the amount of contributions

required under paragraph (2)(B) which are actually received by

such trust,

poration from the qualified trust for qualified employer securi-

ties purchased for the purpose of this subsection will be used

exclusively by the recipient corporation for those purposes for

which it may use that portion of the loan paid directly to it by

the lender,

(D) it provides that the recipient corporation may not re-

duce the amount of its equity capital during the one year pe-

riod beginning on the date on which the qualified trust pur-

chases qualified employer securities for purposes of this sub-

section, and

(E) it provides that the recipient corporation will make

contributions to the qualified trust of not less than such

amounts as are necessary for such trust to meet its obligations

to make repayments of principal and interest on the amount

of the loan received by the trust without regard to whether

such contributions are deductible by the corporation under sec-

tion 404 of the Internal Revenue Code of 1954 and without re-

gard to any other amounts the recipient corporation is obli-

gated under law to contribute to or under the employee stock

ownership plan.

(4) At the close of each plan year, an employee stock ownership

plan shall allocate to the accounts of participating employees that

portion of the qualified employer securities the cost of which bears

substantially the same ratio to the cost of all the qualified em-

ployer securities purchased under paragraph (2)(A) of this sub-

section as the amount of the loan principal and interest repaid by

the qualified trust during that year bears to the total amount of

the loan principal and interest payable by such trust during the

term of such loan. Qualified employer securities allocated to the in-

dividual account of a participant during one plan year must bear

substantially the same proportion to the amount of all such securi-

ties allocated to all participants in the plan as the amount of com-

pensation paid to such participant bears to the total amount of

compensation paid to all such participants during that year.

(5) For purposes of this subsection, the term—

(A) ‘‘employee stock ownership plan’’ means a plan de-

scribed in section 4975(e)(7) of the Internal Revenue Code of

1954,

(B) ‘‘qualified trust’’ means a trust established under an

employee stock ownership plan and meeting the requirements

of title I of the Employee Retirement Income Security Act of

1974 and section 401 of the Internal Revenue Code of 1954,

issued by the recipient corporation or by a parent or subsidiary

of such corporation with voting power and dividend rights no

less favorable than the voting power and dividend rights on

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00105 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

106 Sec. 256 TRADE ACT OF 1974

Paragraph (5) of section 406(a) of Public Law 114–27 provides that section 256(b) of the

Trade Act of 1974 shall be applied and administered by substituting ‘‘the 1-year period begin-

ning on July 1, 2021’’ for ‘‘each of fiscal years 2003 through 2007, and $4,000,000 for the 3-

month period beginning on October 1, 2007’’.

Section 541(a) of division B of Public Law 113–235 provides as follows: During the period be-

ginning on January 1, 2015, and ending on December 31, 2015, the provisions of chapter 3 of

title II of the Trade Act of 1974 (19 U.S.C. 2341 et seq.), as in effect on December 31, 2014,

shall apply, except that in applying and administering such provisions, section 256(b) of that

Act shall be applied and administered by substituting ‘‘$16,000,000 for the period beginning on

January 1, 2015, and ending December 31, 2015’’ for ‘‘$16,000,000 for each of fiscal years 2003

through 2007, and $4,000,000 for the 3-month period beginning on October 1, 2007’’.

other common stock issued by the issuing corporation and with

voting power being exercised by the participants in the em-

ployee stock ownership plan after it is allocated to their plan

accounts, and

(D) ‘‘equity capital’’ means, with respect to the recipient

corporation, the sum of its money and other property (in an

amount equal to the adusted basis of such property but dis-

regarding adjustments made on account of depreciation or am-

ortization made during the period described in paragraph

(3)(D)), less the amount of its indebtedness.

ø19 U.S.C. 2345¿

SEC. 256. DELEGATION OF FUNCTIONS TO SMALL BUSINESS ADMINIS-

TRATION; AUTHORIZATION OF APPROPRIATIONS.

(a) In the case of any firm which is small (within the meaning

of the Small Business Act and regulations promulgated there-

under), the Secretary may delegate all of his functions under this

chapter (other than the functions under sections 251 and 252(d)

with respect to the certification of eligibility and section 264) to the

Administrator of the Small Business Administration.

(b) There are authorized to be appropriated to the Secretary

$16,000,000 for each of fiscal years 2003 through 2007, and

$4,000,000 for the 3-month period beginning on October 1, 2007

to carry out the Secretary’s functions under this chapter in connec-

tion with furnishing adjustment assistance to firms. Amounts ap-

propriated under this subsection shall remain available until ex-

pended.

section 312(d) of the Trade Expansion Act of 1962 are transferred

to the Secretary to carry out his functions under this chapter.

ø19 U.S.C. 2346¿

SEC. 257. ADMINISTRATION OF FINANCIAL ASSISTANCE.

(a) In making and administering guarantees and loans under

section 254, the Secretary may—

(1) require security for any such guarantee or loan, and en-

force, waive, or subordinate such security;

(2) assign or sell at public or private sale, or otherwise dis-

pose of, upon such terms and conditions and for such consider-

ation as he shall determine to be reasonable, any evidence of

debt, contract, claim, personal property, or security assigned to

or held by him in connection with such guarantees or loans,

and collect, compromise, and obtain deficiency judgments with

respect to all obligations assigned to or held by him in connec-

tion with such guarantees or loans until such time as such ob-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00106 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

107 Sec. 258 TRADE ACT OF 1974

ligations may be referred to the Attorney General for suit or

collection;

(3) renovate, improve, modernize, complete, insure, rent,

sell, or otherwise deal with, upon such terms and conditions

and for such consideration as he shall determine to be reason-

able, any real or personal property conveyed to or otherwise ac-

quired by him in connection with such guarantees or loans;

(4) acquire, hold, transfer, release, or convey any real or

personal property or any interest therein whenever deemed

necessary or appropriate, and execute all legal documents for

such purposes; and

(5) exercise all such other powers and take all such other

acts as may be necessary or incidental to the carrying out of

functions pursuant to section 254.

(b) Any mortgage acquired as security under subsection (a)

shall be recorded under applicable State law.

ceipts arising out of transactions entered into by the Secretary pur-

suant to this chapter, shall be available for financing functions per-

formed under this chapter, including administrative expenses in

connection with such functions.

(d) To the extent the Secretary deems it appropriate, and con-

sistent with the provisions of section 552(b)(4) and section

552b(c)(4) of title 5, United States Code, that portion of any record,

material or data received by the Secretary in connection with any

application for financial assistance under this chapter which con-

tains trade secrets or commercial or financial information regard-

ing the operation or competitive position of any business shall be

deemed to be privileged or confidential within the meaning of those

provisions.

(e) Direct loans made, or loans guaranteed, under this chapter

for the acquisition or development of real property or other capital

assets shall ordinarily be secured by a first lien on the assets to

be financed and shall be fully amortized. To the extent that the

Secretary finds that exceptions to these standards are necessary to

achieve the objectives of this chapter, he shall develop appropriate

criteria for the protection of the interests of the United States.

ø19 U.S.C. 2347¿

SEC. 258. PROTECTIVE PROVISIONS.

(a) Each recipient of adjustment assistance under this chapter

shall keep records which fully disclose the amount and disposition

by such recipient of the proceeds, if any, of such adjustment assist-

ance, and which will facilitate an effective audit. The recipient

shall also keep such other records as the Secretary may prescribe.

(b) The Secretary and the Comptroller General of the United

States shall have access for the purposes of audit and examination

to any books, documents, papers, and records of the recipient

petaining to adjustment assistance under this chapter.

tended to any firm unless the owners, partners, or officers certify

to the Secretary—

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00107 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

108 Sec. 259 TRADE ACT OF 1974

(1) the names of any attorneys, agents, and other persons

engaged by or on behalf of the firm for the purpose of expe-

diting applications for such adjustment assistance; and

(2) the fees paid or to be paid to any such person.

(d) No financial assistance shall be provided to any firm under

this chapter unless the owners, partners, or officers shall execute

an agreement binding them and the firm for a period of 2 years

after such financial assistance is provided, to refrain from employ-

ing, tendering any office or employment to, or retaining for profes-

sional services any person who, on the date such assistance or any

part thereof was provided, or within 1 year prior thereto, shall

have served as an officer, attorney, agent, or employee occupying

a position or engaging in activities which the Secretary shall have

determined involve discretion with respect to the provision of such

financial assistance.

ø19 U.S.C. 2348¿

SEC. 259. PENALTIES.

Whoever makes a false statement of a material fact knowing

it to be false, or knowingly fails to disclose a material fact, or who-

ever willfully overvalues any security, for the purpose of influ-

encing in any way a determination under this chapter, or for the

purpose of obtaining money, property, or anything of value under

this chapter, shall be fined not more than $5,000 or imprisoned for

not more than 2 years, or both.

ø19 U.S.C. 2349¿

SEC. 260. CIVIL ACTIONS.

In providing technical and financial assistance under this

chapter the Secretary may sue and be sued in any court of record

of a State having general jurisidiction or in any United States dis-

trict court, and jurisdiction is conferred upon such district court to

determine such controversies without regard to the amount in con-

troversy; but no attachment, injunction, garnishment, or other

similar process, mesne or final, shall be issued against him or his

property. Nothing in this section shall be construed to except the

activities pursuant to sections 253 and 254 from the application of

sections 516, 547, and 2679 of title 28 of the United States Code.

ø19 U.S.C. 2350¿

SEC. 261. DEFINITIONS.

For purposes of this chapter, the term ‘‘firm’’ includes an indi-

vidual proprietorship, partnership, joint venture, association, cor-

poration (including a development corporation), business trust, co-

operative, trustee in bankruptcy, and receiver under decree of any

court. A firm, together with any predecessor or successor firm, or

any affiliated firm controlled or substantially beneficially owned by

substantially the same persons, may be considered a single firm

where necessary to prevent unjustifiable benefits.

ø19 U.S.C. 2351¿

SEC. 262. REGULATIONS.

The Secretary shall prescribe such regulations as may be nec-

essary to carry out the provisions of this chapter.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00108 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

109 Sec. 265 TRADE ACT OF 1974

ø19 U.S.C. 2352¿

øSection 263 (19 U.S.C. 2353) repealed by Public Law 97–35,

sec. 2526, 95 Stat 893.¿

SEC. 264. STUDY BY SECRETARY OF COMMERCE WHEN INTER-

NATIONAL TRADE COMMISSION BEGINS INVESTIGATION;

ACTION WHERE THERE IS AFFIRMATIVE FINDING.

(a) Whenever the Commission begins an investigation under

section 202 with respect to an industry, the Commission shall im-

mediately notify the Secretary of such investigation, and the Sec-

retary shall immediately begin a study of—

(1) the number of firms in the domestic industry producing

the like or directly competitive article which have been or are

likely to be certified as eligible for adjustment assistance, and

(2) the extent to which the orderly adjustment of such

firms to the import competition may be facilitated through the

use of existing programs.

(b) The report of the Secretary of the study under subsection

(a) shall be made to the President not later than 15 days after the

day on which the Commission makes its report under section

202(f). Upon making its report to the President, the Secretary shall

also promptly make it public (with the exception of information

which the Secretary determines to be confidential) and shall have

a summary of it published in the Federal Register.

under section 202(b) that increased imports are a substantial cause

of serious injury or threat thereof with respect to an industry, the

Secretary shall make available, to the extent feasible, full informa-

tion to the firms in such industry about programs which may facili-

tate the orderly adjustment to import competition of such firms,

and he shall provide assistance in the preparation and processing

of petitions and applications of such firms for program benefits.

ø19 U.S.C. 2354¿

SEC. 265. ASSISTANCE TO INDUSTRIES.

(a) The Secretary may provide technical assistance, on such

terms and conditions as the Secretary deems appropriate, for the

establishment of industrywide programs for new product develop-

ment, new process development, export development, or other uses

consistent with the purposes of this chapter. Such technical assist-

ance may be provided through existing agencies, private individ-

uals, firms, universities and institutions, and by grants, contracts,

or cooperative agreements to associations, unions, or other non-

profit industry organizations in which a substantial number of

firms or workers have been certified as eligible to apply for adjust-

ment assistance under section 223 or 251.

(b) Expenditures for technical assistance under this section

may be up to $10,000,000 annually per industry and shall be made

under such terms and conditions as the Secretary deems appro-

priate.

ø19 U.S.C. 2355¿

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00109 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

110 Sec. 280 TRADE ACT OF 1974

CHAPTER 4—ADJUSTMENT ASSISTANCE FOR

COMMUNITIES

øThe Adjustment Assistance for Communities program termi-

nated on September 30, 1982¿

CHAPTER 5—MISCELLANEOUS PROVISIONS

SEC. 280. GENERAL ACCOUNTING OFFICE REPORT.

(a) The Comptroller General of the United States shall conduct

a study of the adjustment assistance programs established under

chapters 2, 3, and 4 of this title and shall report the results of such

study to the Congress no later than January 31, 1980. Such report

shall include an evaluation of—

(1) the effectiveness of such programs in aiding workers,

firms, and communities to adjust to changed economic condi-

tions resulting from changes in the patterns of international

trade; and

(2) the coordination of the administration of such programs

and other Government programs which provide unemployment

compensation and relief to depressed areas.

(b) In carrying out his responsibilities under this section, the

Comptroller General shall, to the extent practical, avail himself of

the assistance of the Departments of Labor and Commerce. The

Secretaries of Labor and Commerce shall make available to the

Comptroller General any assistance necessary for an effective eval-

uation of the adjustment assistance programs established under

this title.

ø19 U.S.C. 2391¿

SEC. 281. COORDINATION.

There is established the Adjustment Assistance Coordinating

Committee to consist of a Deputy United States Trade Representa-

tive as Chairman, and the officials charged with adjustment assist-

ance responsibilities of the Departments of Labor and Commerce

and the Small Business Administration. It shall be the function of

the Committee to coordinate the adjustment assistance policies,

studies, and programs of the various agencies involved and to pro-

mote the efficient and effective delivery of adjustment assistance

benefits.

ø19 U.S.C. 2392¿

SEC. 282. TRADE MONITORING SYSTEM.

The Secretary of Commerce and the Secretary of Labor shall

establish and maintain a program to monitor imports of articles

into the United States which will reflect changes in the volume of

such imports, the relation of such imports to changes in domestic

production, changes in employment within domestic industries pro-

ducing articles like or directly competitive with such imports, and

the extent to which such changes in production and employment

are concentrated in specific geographic regions of the United

States. A summary of the information gathered under this section

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00110 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

111 Sec. 284 TRADE ACT OF 1974

shall be published regularly and provided to the Adjustment Assist-

ance Coordinating Committee, the International Trade Commis-

sion, and to the Congress.

ø19 U.S.C. 2393¿

SEC. 283. FIRMS RELOCATING IN FOREIGN COUNTRIES.

Before moving productive facilities from the United States to

a foreign country, every firm should—

(1) provide notice of the move to its employees who are

likely to be totally or partially separated as a result of the

move at least 60 days before the date of such move, and

(2) provide notice of the move to the Secretary of Labor

and the Secretary of Commerce on the same day it notifies em-

ployees under paragraph (1).

(b) It is the sense of the Congress that every such firm

should—

(1) apply for and use all adjustment assistance for which

it is eligible under this title,

(2) offer employment opportunities in the United States, if

any exist, to its employees who are totally or partially sepa-

rated workers as a result of the move, and

(3) assist in relocating employees to other locations in the

United States where employment opportunities exist.

ø19 U.S.C. 2394¿

SEC. 284. JUDICIAL REVIEW.

(a) A worker, group of workers, certified or recognized union,

or authorized representative of such worker or group aggrieved by

a final determination of the Secretary of Labor under section 223

of this title, a firm or its representative or any other interested do-

mestic party aggrieved by a final determination of the Secretary of

Commerce under section 251 of this title, an agricultural com-

modity producer (as defined in section 291(2)) aggrieved by a deter-

mination of the Secretary of Agriculture under section 293, or a

community or any other interested domestic party aggrieved by a

final determination of the Secretary of Commerce under section

271 of this title may, within sixty days after notice of such deter-

mination, commence a civil action in the United States Court of

International Trade for review of such determination. The clerk of

such court shall send a copy of the summons and the complaint in

such action to the Secretary of Labor, the Secretary of Commerce,

or the Secretary of Agriculture, as the case may be. Upon receiving

a copy of such summons and complaint, such Secretary shall

promptly certify and file in such court the record on which he

based such determination.

(b) The findings of fact by the Secretary of Labor, the Secretary

of Commerce, or the Secretary of Agriculture, as the case may be,

if supported by substantial evidence, shall be conclusive; but the

court, for good cause shown, may remand the case to such Sec-

retary to take further evidence, and such Secretary may thereupon

make new or modified findings of fact and may modify his previous

action, and shall certify to the court the record of the further pro-

ceedings. Such new or modified findings of fact shall likewise be

conclusive if supported by substantial evidence.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00111 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

112 Sec. 285 TRADE ACT OF 1974

Section 406 of Public Law 114–27 provides:

(a) A

PPLICATION OF

RIOR

.—Subject to subsection (b), beginning on July 1, 2021, the pro-

visions of chapters 2, 3, 5, and 6 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.),

as in effect on January 1, 2014, shall be in effect and apply, except that in applying and admin-

istering such chapters—

(1) * * *

* * * * * * *

(b) E

XCEPTIONS

.—The provisions of chapters 2, 3, 5, and 6 of title II of the Trade Act of 1974,

as in effect on the date of the enactment of this Act, shall continue to apply on and after July

1, 2021, with respect to—

(1) workers certified as eligible for trade adjustment assistance benefits under chapter 2

of title II of that Act pursuant to petitions filed under section 221 of that Act before July

1, 2021;

(2) firms certified as eligible for technical assistance or grants under chapter 3 of title

II of that Act pursuant to petitions filed under section 251 of that Act before July 1, 2021;

and

(3) agricultural commodity producers certified as eligible for technical or financial assist-

ance under chapter 6 of title II of that Act pursuant to petitions filed under section 292

of that Act before July 1, 2021.

Paragraph (7)(A) of section 406(a) of Public Law 114–27 provides that section 285(a) of the

Trade Act of 1974 shall be applied and administered by substituting ‘‘June 30, 2022’’ for ‘‘De-

cember 31, 2007’’ each place it appears.

Paragraph (7)(B) of section 406(a) of Public Law 114–27 provides:

(B) by applying and administering subsection (b) as if it read as follows:

(b) O

THER

SSISTANCE

.—

(1) A

SSISTANCE FOR FIRMS

.—

(A) I

N GENERAL

.—Except as provided in subparagraph (B), assistance may not be pro-

vided under chapter 3 after June 30, 2022.

(B) E

XCEPTION

.—Notwithstanding subparagraph (A), any assistance approved under

chapter 3 pursuant to a petition filed under section 251 on or before June 30, 2022,

may be provided—

(i) to the extent funds are available pursuant to such chapter for such purpose;

and

affirm the action of the Secretary of Labor, the Secretary of Com-

merce, or the Secretary of Agriculture, as the case may be, or to

set such action aside, in whole or in part. The judgment of the

Court of International Trade shall be subject to review by the

United States Court of Appeals for the Federal Circuit as pre-

scribed by the rules of such court. The judgment of the Court of Ap-

peals for the Federal Circuit shall be subject to review by the Su-

preme Court of the United States upon certiorari as provided in

section 1256 of title 28.

ø19 U.S.C. 2395¿

SEC. 285. TERMINATION.

(a) A

SSISTANCE FOR

ORKERS

.—

(1) I

N GENERAL

.—Except as provided in paragraph (2),

trade adjustment assistance, vouchers, allowances, and other

payments or benefits may not be provided under chapter 2

after December 31, 2007

(2) E

XCEPTION

.—Notwithstanding paragraph (1), a worker

shall continue to receive trade adjustment assistance benefits

and other benefits under chapter 2 for any week for which the

worker meets the eligibility requirements of that chapter, if on

or before December 31, 2007

, the worker is—

(A) certified as eligible for trade adjustment assistance

benefits under chapter 2 of this title; and

(B) otherwise eligible to receive trade adjustment as-

sistance benefits under chapter 2.

(b)

THER

SSISTANCE

.—

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00112 Fmt 9001 Sfmt 5601 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

113 Sec. 286 TRADE ACT OF 1974

(ii) to the extent the recipient of the assistance is otherwise eligible to receive

such assistance.

(2) F

ARMERS

.—

(A) I

N GENERAL

.—Except as provided in subparagraph (B), assistance may not be pro-

vided under chapter 6 after June 30, 2022.

(B) E

XCEPTION

.—Notwithstanding subparagraph (A), any assistance approved under

chapter 6 on or before June 30, 2022, may be provided—

(i) to the extent funds are available pursuant to such chapter for such purpose;

and

(ii) to the extent the recipient of the assistance is otherwise eligible to receive

such assistance.

Section 286 (as added by section 1427(a) of Pub. L. 100–418; 102 Stat. 1251–1254), regard-

ing a trade adjustment assistance trust fund, did not become effective pursuant to section

1430(c) of such Public Law.

See provisions regarding effective date for the amendment made by section 1427(a) [adding

section 286 to the Trade Act of 1974] as provided in section 1430(c) of Pub. L. 100–418 and the

determination of the President of the United States that certain import fees are not in the na-

tional economic interest set out in a note for section 2397 of title 19, United States Code.

(1) A

SSISTANCE FOR FIRMS

.—Technical assistance may not

be provided under chapter 3 after December 31, 2007.

(2) A

SSISTANCE FOR FARMERS

.—

(A) I

N GENERAL

.—Except as provided in subparagraph

(B), adjustment assistance, vouchers, allowances, and

other payments or benefits may not be provided under

chapter 6 after December 31, 2007.

(B) E

XCEPTION

.—Notwithstanding subparagraph (A),

an agricultural commodity producer (as defined in section

291(2)) shall continue to receive adjustment assistance

benefits and other benefits under chapter 6, for any week

for which the agricultural commodity producer meets the

eligibility requirements of chapter 6, if on or before Decem-

ber 31, 2007, the agricultural commodity producer is—

(i) certified as eligible for adjustment assistance

benefits under chapter 6; and

(ii) is otherwise eligible to receive adjustment as-

sistance benefits under such chapter 6.

ø19 U.S.C. 2271 note¿

SEC. 286.

TRADE ADJUSTMENT ASSISTANCE TRUST FUND.

(a) There is hereby established within the Treasury of the

United States a trust fund to be known as the Trade Adjustment

Assistance Trust Fund (hereinafter in this section referred to as

the ‘‘Trust Fund’’), consisting of such amounts as may be trans-

ferred or credited to the Trust Fund as provided in this section or

appropriated to the Trust Fund under subsection (e).

(b)(1) The Secretary of the Treasury shall transfer to the Trust

Fund out of the general fund of the Treasury of the United States

amounts determined by the Secretary of the Treasury to be equiva-

lent to the amounts received into such general fund that are attrib-

utable to the duty imposed by section 287.

(2) The amounts which are required to be transferred under

paragraph (1) shall be transferred at least quarterly from the gen-

eral fund of the Treasury of the United States to the Trust Fund

on the basis of estimates made by the Secretary of the Treasury

of the amounts referred to in paragraph (1) that are received into

the Treasury. Proper adjustments shall be made in the amounts

subsequently transferred to the extent prior estimates were in ex-

cess of, or less than, the amounts required to be transferred.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00113 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

114 Sec. 286 TRADE ACT OF 1974

(c)(1) The Secretary of the Treasury shall be the trustee of the

Trust Fund, and shall submit an annual report to the Committee

on Finance of the Senate and the Committee on Ways and Means

of the House of Representatives on the financial condition and the

results of the operations of the Trust Fund during the fiscal year

preceding the fiscal year in which such report is submitted and on

the expected condition and operations of the Trust Fund during the

fiscal year in which such report is submitted and the 5 fiscal years

succeeding such fiscal year. Such report shall be printed as a

House document of the session of the Congress to which the report

is made.

(2)(A) The Secretary of the Treasury shall invest such portion

of the Trust Fund as is not, in his judgment, required to meet cur-

rent withdrawals. Such investments may be made only in

interestbearing obligations of the United States. For such purpose,

such obligations may be acquired—

(i) on original issue at the issue price, or

(ii) by purchase of outstanding obligations at the market

price.

(B) Any obligation acquired by the Trust Fund may be sold by

the Secretary of the Treasury at the market price.

tion of, any obligations held in the Trust Fund shall be credited to

and form a part of the Trust Fund.

(d)(1) Amounts in the Trust Fund shall be available—

(A) for the payment of drawbacks and refunds of the duty

imposed by section 287 that are allowable under any other pro-

vision of Federal law,

(B) as provided in appropriation Acts—

(i) for expenditures that are required to carry out the

provisions of chapters 2 and 3, including administrative

costs, and

(ii) for payments required under subsection (e)(2).

(2) None of the amounts in the Trust Fund shall be available

for the payment of loans guaranteed under chapter 3 or for any

other expenses relating to financial assistance provided under

chapter 3.

(3)(A) If the total amount of funds expended in any fiscal year

to carry out chapters 2 and 3 (including administrative costs) ex-

ceeds an amount equal to 0.15 percent of the total value of all arti-

cles upon which a duty was imposed by section 287 during the pre-

ceding 1-year period, the Secretary of Labor and the Secretary of

Commerce (in consultation with the Secretary of the Treasury)

shall, notwithstanding any provision of chapter 2 or 3, make a pro

rata reduction in—

(i) the amounts of the trade readjustment allowances that

are paid under part I of subchapter B of chapter 2, and

(ii) the assistance provided under chapter 3,

to ensure (based on estimates of the amount of funds that will be

necessary to carry out chapters 2 and 3, and of the amount of rev-

enue that will be raised by section 287, during the remainder of

such fiscal year and for the fiscal year succeeding such fiscal year)

that all workers and firms eligible for assistance under chapter 2

or 3 receive some assistance under chapter 2 or 3 and that the ex-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00114 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

115 Sec. 286 TRADE ACT OF 1974

penditures made in providing such assistance during the remainder

of such fiscal year and the fiscal year succeeding such fiscal year

do not exceed the amount of funds available in the Trust Fund to

pay for such expenditures.

(B) No reduction may be made under this paragraph in the

amount of any trade readjustment allowance payable under part I

of subchapter B of chapter 2 to any worker who received such trade

readjustment allowance under such part for the week preceding the

first week for which such reduction is otherwise being made under

this paragraph.

effect at the close of a fiscal year, the Secretary of Labor and the

Secretary of Commerce, in consultation with the Secretary of the

Treasury, may adjust or modify such reduction at the beginning of

the fiscal year succeeding such fiscal year, based on estimates of

the amount of funds that will be necessary to carry out chapters

2 and 3, and of the amount of revenue that will be raised by section

287, during that succeeding fiscal year.

(D) Any pro rata reduction made under subparagraph (A), and

any pro rata reduction adjusted or modified under subparagraph

(C), shall cease to apply after the week in which—

(i) a 1-year period ends during which the total amount of

funds that would have been expended to carry out chapters 2

and 3, including administrative costs, if such reduction were

not in effect did not exceed an amount equal to 0.15 percent

of the total value of all articles upon which a duty was imposed

during such 1-year period, or

(ii) the Secretary of Labor and the Secretary of Commerce,

in consultation with the Secretary of the Treasury, determine

that the amount of funds available in the Trust Fund are suffi-

cient to carry out chapters 2 and 3 without such reduction.

(e)(1)(A) There are authorized to be appropriated to the Trust

Fund, as repayable advances, such sums as may from time to time

be necessary to make the expenditures described in subsection

(d)(1)(B).

(B) Any advance appropriated to the Trust Fund under the au-

thority of subparagraph (A) may be paid to the Trust Fund only to

the extent that the total amount of advances paid during the fiscal

year to the Trust Fund from any appropriation authorized under

subparagraph (A) that are outstanding after such advance is paid

to the Trust Fund does not exceed the lesser of—

(i) the excess of—

(I) the total amount of funds that the Secretary of the

Treasury (in consultation with the Secretary of Labor and

the Secretary of Commerce) estimates will be necessary for

the payments and expenditures described in subpara-

graphs (A) and (B) of subsection (d)(1) for such fiscal year,

over

(II) the total amount of funds that the Secretary of the

Treasury estimates will be available in the Trust Fund

during the fiscal year (determined without regard to any

advances made under this subsection during such fiscal

year), or

(ii) the excess of—

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00115 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

116 Sec. 287 TRADE ACT OF 1974

Section 287 (as added by section 1428(b) of Pub. L. 100–418; 102 Stat. 1255), regarding an

imposition of additional fee, did not become effective pursuant to section 1430(b) of such Public

Law.

See provisions regarding effective date for the amendment made by section 1428(b) [adding

section 287 to the Trade Act of 1974] as provided in section 1430(b) of Pub. L. 100–418 and

the determination of the President of the United States that certain import fees are not in the

national economic interest set out in a note for section 2397 of title 19, United States Code.

(I) an amount equal to 0.15 percent of the total value

of all articles upon which the Secretary of the Treasury es-

timates a duty will be imposed by section 287 during such

fiscal year, over

(II) the amount described in clause (i)(II).

(2) Advances made to the Trust Fund from appropriations au-

thorized under paragraph (1)(A) shall be repaid, and interest on

such advances shall be paid, to the general fund of the Treasury

of the United States when the Secretary of the Treasury deter-

mines that sufficient funds are available in the Trust Fund for

such purposes.

(3) Interest on advances made from appropriations authorized

under paragraph (1)(A) shall be at a rate determined by the Sec-

retary of the Treasury (as of the close of the calendar month pre-

ceding the month in which the advance is made) to be equal to the

current average market yield on outstanding marketable obliga-

tions of the United States with remaining periods to maturity com-

parable to the anticipated period during which the advance will be

outstanding.

ø19 U.S.C. 2396¿

SEC. 287. IMPOSITION OF ADDITIONAL FEE.

(a) In addition to any other fee imposed by law, there is hereby

imposed a fee on all articles entered, or withdrawn from ware-

house, for consumption in the customs territory of the United

States during any fiscal year.

(b)(1) The rate of the fee imposed by subsection (a) shall be a

uniform ad valorem rate proclaimed by the President that is equal

to the lesser of—

(A) 0.15 percent, or

(B) the percentage that is sufficient to provide the funding

necessary to—

(i) carry out the provisions of chapters 2 and 3, and

(ii) repay any advances made under section 286(e).

(2) The President shall issue a proclamation setting forth the

rate of the fee imposed by subsection (a) by no later than the date

that is 15 days before the first date on which a fee is imposed

under subsection (a).

(3)(A) For each fiscal year succeeding the first fiscal year in

which a fee is imposed under subsection (a), the President shall

issue a proclamation adjusting the rate of the fee imposed by sub-

section (a) during such fiscal year to the ad valorem rate that

meets the requirements of paragraph (1) for such fiscal year.

(B) Any proclamation issued under subparagraph (A) for a fis-

cal year shall be issued at least 30 days before the beginning of

such fiscal year.

(c)(1) Except as otherwise provided in this subsection, duty-free

treatment provided with respect to any article under any other pro-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00116 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

117 Sec. 292 TRADE ACT OF 1974

vision of law shall not prevent the imposition of a fee with respect

to such article by subsection (a).

(2) No fee shall be imposed by subsection (a) with respect to—

(A) any article (other than an article provided for in item

870.40, 870.45, 870.50, 870.55, or 870.60 of the Tariff Sched-

ules of the United States) that is treated as duty-free under

schedule 8 of the Tariff Schedules of the United States, or

(B) any article which has a value of less than $1,000.

ø19 U.S.C. 2397¿

CHAPTER 6—ADJUSTMENT ASSISTANCE FOR FARMERS

SEC. 291. DEFINITIONS.

In this chapter:

(1) A

GRICULTURAL COMMODITY

.—The term ‘‘agricultural

commodity’’ means any agricultural commodity (including live-

stock) in its raw or natural state.

(2) A

GRICULTURAL COMMODITY PRODUCER

.—The term ‘‘agri-

cultural commodity producer’’ has the same meaning as the

term ‘‘person’’ as prescribed by regulations promulgated under

section 1001(e) of the Food Security Act of 1985 (7 U.S.C.

1308(e)) (before the amendment made by section 1703(a) of the

Food, Conservation, and Energy Act of 2008).

(3) C

ONTRIBUTED IMPORTANTLY

.—

(A) I

N GENERAL

.—The term ‘‘contributed importantly’’

means a cause which is important but not necessarily

more important than any other cause.

(B) D

ETERMINATION OF CONTRIBUTED IMPORTANTLY

.—

The determination of whether imports of articles like or di-

rectly competitive with an agricultural commodity with re-

spect to which a petition under this chapter was filed con-

tributed importantly to a decline in the price of the agri-

cultural commodity shall be made by the Secretary.

(4) D

ULY AUTHORIZED REPRESENTATIVE

.—The term ‘‘duly

authorized representative’’ means an association of agricultural

commodity producers.

(5) N

ATIONAL AVERAGE PRICE

.—The term ‘‘national average

price’’ means the national average price paid to an agricultural

commodity producer for an agricultural commodity in a mar-

keting year as determined by the Secretary.

(6) S

ECRETARY

.—The term ‘‘Secretary’’ means the Sec-

retary of Agriculture.

ø19 U.S.C. 2401¿

SEC. 292. PETITIONS; GROUP ELIGIBILITY.

(a) I

ENERAL

.—A petition for a certification of eligibility to

apply for adjustment assistance under this chapter may be filed

with the Secretary by a group of agricultural commodity producers

or by their duly authorized representative. Upon receipt of the peti-

tion, the Secretary shall promptly publish notice in the Federal

an investigation.

(b) H

EARINGS

.—If the petitioner, or any other person found by

the Secretary to have a substantial interest in the proceedings,

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00117 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

118 Sec. 293 TRADE ACT OF 1974

submits not later than 10 days after the date of the Secretary’s

publication under subsection (a) a request for a hearing, the Sec-

retary shall provide for a public hearing and afford such interested

person an opportunity to be present, to produce evidence, and to be

heard.

ROUP

LIGIBILITY

EQUIREMENTS

.—The Secretary shall

certify a group of agricultural commodity producers as eligible to

apply for adjustment assistance under this chapter if the Secretary

determines—

(1) that the national average price for the agricultural

commodity, or a class of goods within the agricultural com-

modity, produced by the group for the most recent marketing

year for which the national average price is available is less

than 80 percent of the average of the national average price for

such agricultural commodity, or such class of goods, for the 5

marketing years preceding the most recent marketing year;

and

(2) that increases in imports of articles like or directly

competitive with the agricultural commodity, or class of goods

within the agricultural commodity, produced by the group con-

tributed importantly to the decline in price described in para-

graph (1).

(d) S

PECIAL

ULE FOR

UALIFIED

UBSEQUENT

EARS

.—A

group of agricultural commodity producers certified as eligible

under section 293 shall be eligible to apply for assistance under

this chapter in any qualified year after the year the group is first

certified, if the Secretary determines that—

(1) the national average price for the agricultural com-

modity, or class of goods within the agricultural commodity,

produced by the group for the most recent marketing year for

which the national average price is available is equal to or less

than the price determined under subsection (c)(1); and

(2) the requirements of subsection (c)(2) are met.

(e) D

ETERMINATION OF

UALIFIED

EAR AND

OMMODITY

.—In

this chapter:

(1) Q

UALIFIED YEAR

.—The term ‘‘qualified year’’, with re-

spect to a group of agricultural commodity producers certified

as eligible under section 293, means each consecutive year

after the year in which the group is certified and in which the

Secretary makes the determination under subsection (c) or (d),

as the case may be.

(2) C

LASSES OF GOODS WITHIN A COMMODITY

.—In any case

in which there are separate classes of goods within an agricul-

tural commodity, the Secretary shall treat each class as a sepa-

rate commodity in determining group eligibility, the national

average price, and level of imports under this section and sec-

tion 296.

ø19 U.S.C. 2401a¿

SEC. 293. DETERMINATIONS BY SECRETARY OF AGRICULTURE.

(a) I

ENERAL

.—As soon as practicable after the date on

which a petition is filed under section 292, but in any event not

later than 40 days after that date, the Secretary shall determine

whether the petitioning group meets the requirements of section

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00118 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

119 Sec. 295 TRADE ACT OF 1974

292 (c) or (d), as the case may be, and shall, if the group meets the

requirements, issue a certification of eligibility to apply for assist-

ance under this chapter covering agricultural commodity producers

in any group that meets the requirements. Each certification shall

specify the date on which eligibility under this chapter begins.

(b) N

OTICE

.—Upon making a determination on a petition, the

Secretary shall promptly publish a summary of the determination

in the Federal Register, together with the Secretary’s reasons for

making the determination.

ERMINATION OF

ERTIFICATION

.—Whenever the Secretary

determines, with respect to any certification of eligibility under this

chapter, that the decline in price for the agricultural commodity

covered by the certification is no longer attributable to the condi-

tions described in section 292, the Secretary shall terminate such

certification and promptly cause notice of such termination to be

published in the Federal Register, together with the Secretary’s

reasons for making such determination.

ø19 U.S.C. 2401b¿

SEC. 294. STUDY BY SECRETARY OF AGRICULTURE WHEN INTER-

NATIONAL TRADE COMMISSION BEGINS INVESTIGATION.

(a) I

ENERAL

.—Whenever the International Trade Commis-

sion (in this chapter referred to as the ‘‘Commission’’) begins an in-

vestigation under section 202 with respect to an agricultural com-

modity, the Commission shall immediately notify the Secretary of

the investigation. Upon receipt of the notification, the Secretary

shall immediately conduct a study of—

(1) the number of agricultural commodity producers pro-

ducing a like or directly competitive agricultural commodity

who have been or are likely to be certified as eligible for ad-

justment assistance under this chapter, and

(2) the extent to which the adjustment of such producers

to the import competition may be facilitated through the use

of existing programs.

(b) R

EPORT

.—Not later than 15 days after the day on which the

Commission makes its report under section 202(f), the Secretary

shall submit a report to the President setting forth the findings of

the study described in subsection (a). Upon making the report to

the President, the Secretary shall also promptly make the report

public (with the exception of information which the Secretary de-

termines to be confidential) and shall have a summary of the re-

port published in the Federal Register.

ø19 U.S.C. 2401c¿

SEC. 295. BENEFIT INFORMATION TO AGRICULTURAL COMMODITY

PRODUCERS.

(a) I

ENERAL

.—The Secretary shall provide full information

to agricultural commodity producers about the benefit allowances,

training, and other employment services available under this title

and about the petition and application procedures, and the appro-

priate filing dates, for such allowances, training, and services. The

Secretary shall provide whatever assistance is necessary to enable

groups to prepare petitions or applications for program benefits

under this title.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00119 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

120 Sec. 296 TRADE ACT OF 1974

(b) N

OTICE OF

ENEFITS

.—

(1) I

N GENERAL

.—The Secretary shall mail written notice

of the benefits available under this chapter to each agricultural

commodity producer that the Secretary has reason to believe is

covered by a certification made under this chapter.

(2) O

THER NOTICE

.—The Secretary shall publish notice of

the benefits available under this chapter to agricultural com-

modity producers that are covered by each certification made

under this chapter in newspapers of general circulation in the

areas in which such producers reside.

(3) O

THER FEDERAL ASSISTANCE

.—The Secretary shall also

provide information concerning procedures for applying for and

receiving all other Federal assistance and services available to

workers facing economic distress.

ø19 U.S.C. 2401d¿

SEC. 296. QUALIFYING REQUIREMENTS FOR AGRICULTURAL COM-

MODITY PRODUCERS.

(a) I

ENERAL

.—

(1) R

EQUIREMENTS

.—Payment of a adjustment assistance

under this chapter shall be made to an adversely affected agri-

cultural commodity producer covered by a certification under

this chapter who files an application for such assistance within

90 days after the date on which the Secretary makes a deter-

mination and issues a certification of eligibility under section

293, if the following conditions are met:

(A) The producer submits to the Secretary sufficient

information to establish the amount of agricultural com-

modity covered by the application filed under this sub-

section that was produced by the producer in the most re-

cent year.

(B) The producer certifies that the producer has not

received cash benefits under any provision of this title

other than this chapter.

the Secretary) for the most recent year is less than the

producer’s net farm income for the latest year in which no

adjustment assistance was received by the producer under

this chapter.

(D) The producer certifies that the producer has met

with an Extension Service employee or agent to obtain, at

no cost to the producer, information and technical assist-

ance that will assist the producer in adjusting to import

competition with respect to the adversely affected agricul-

tural commodity, including—

(i) information regarding the feasibility and desir-

ability of substituting 1 or more alternative commod-

ities for the adversely affected agricultural commodity;

and

(ii) technical assistance that will improve the com-

petitiveness of the production and marketing of the

adversely affected agricultural commodity by the pro-

ducer, including yield and marketing improvements.

(2) L

IMITATIONS

.—

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00120 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

121 Sec. 296 TRADE ACT OF 1974

(A) A

DJUSTED GROSS INCOME

.—

(i) I

N GENERAL

.—Notwithstanding any other provi-

sion of this chapter, an agricultural commodity pro-

ducer shall not be eligible for assistance under this

chapter in any year in which the average adjusted

gross income of the producer exceeds the level set

forth in section 1001D of the Food Security Act of

1985.

(ii) C

ERTIFICATION

.—To comply with the limitation

under subparagraph (A), an individual or entity shall

provide to the Secretary—

(I) a certification by a certified public account-

ant or another third party that is acceptable to

the Secretary that the average adjusted gross in-

come of the producer does not exceed the level set

forth in section 1001D of the Food Security Act of

1985; or

(II) information and documentation regarding

the adjusted gross income of the producer through

other procedures established by the Secretary.

(B) C

OUNTER

CYCLICAL PAYMENTS

.—The total amount

of payments made to an agricultural producer under this

chapter during any crop year may not exceed the limita-

tion on counter-cyclical payments set forth in section

1001(c) of the Food Security Act of 1985.

EFINITIONS

.—In this subsection:

(i) A

DJUSTED GROSS INCOME

.—The term ‘‘adjusted

gross income’’ means adjusted gross income of an agri-

cultural commodity producer—

(I) as defined in section 62 of the Internal

Revenue Code of 1986 and implemented in accord-

ance with procedures established by the Secretary;

and

(II) that is earned directly or indirectly from

all agricultural and nonagricultural sources of an

individual or entity for a fiscal or corresponding

crop year.

(ii) A

VERAGE ADJUSTED GROSS INCOME

.—

(I) I

N GENERAL

.—The term ‘‘average adjusted

gross income’’ means the average adjusted gross

income of a producer for each of the 3 preceding

taxable years.

(II) E

FFECTIVE ADJUSTED GROSS INCOME

.—In

the case of a producer that does not have an ad-

justed gross income for each of the 3 preceding

taxable years, the Secretary shall establish rules

that provide the producer with an effective ad-

justed gross income for the applicable year.

(b) A

MOUNT OF

ASH

ENEFITS

.—

(1) I

N GENERAL

.—Subject to the provisions of section 298,

an adversely affected agricultural commodity producer de-

scribed in subsection (a) shall be entitled to adjustment assist-

ance under this chapter in an amount equal to the product of—

(A) one-half of the difference between—

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00121 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

122 Sec. 297 TRADE ACT OF 1974

(i) an amount equal to 80 percent of the average

of the national average price of the agricultural com-

modity covered by the application described in sub-

section (a) for the 5 marketing years preceding the

most recent marketing year, and

(ii) the national average price of the agricultural

commodity for the most recent marketing year, and

(B) the amount of the agricultural commodity pro-

duced by the agricultural commodity producer in the most

recent marketing year.

(2) S

PECIAL RULE FOR SUBSEQUENT QUALIFIED YEARS

.—The

amount of cash benefits for a qualified year shall be deter-

mined in the same manner as cash benefits are determined

under paragraph (1), except that the average national price of

the agricultural commodity shall be determined under para-

graph (1)(A)(i) by using the 5-marketing-year period used to

determine the amount of cash benefits for the first certifi-

cation.

AXIMUM

MOUNT OF

ASH

SSISTANCE

.—The maximum

amount of cash benefits an agricultural commodity producer may

receive in any 12-month period shall not exceed $10,000.

(d) L

IMITATIONS ON

THER

SSISTANCE

.—An agricultural com-

modity producer entitled to receive a cash benefit under this chap-

ter—

(1) shall not be eligible for any other cash benefit under

this title, and

(2) shall be entitled to employment services and training

benefits under part II of subchapter B of chapter 2.

ø19 U.S.C. 2401e¿

SEC. 297. FRAUD AND RECOVERY OF OVERPAYMENTS.

(a) I

ENERAL

.—

(1) R

EPAYMENT

.—If the Secretary, or a court of competent

jurisdiction, determines that any person has received any pay-

ment under this chapter to which the person was not entitled,

such person shall be liable to repay such amount to the Sec-

retary, except that the Secretary may waive such repayment if

the Secretary determines, in accordance with guidelines pre-

scribed by the Secretary, that—

(A) the payment was made without fault on the part

of such person; and

(B) requiring such repayment would be contrary to eq-

uity and good conscience.

(2) R

ECOVERY OF OVERPAYMENT

.—Unless an overpayment

is otherwise recovered, or waived under paragraph (1), the Sec-

retary shall recover the overpayment by deductions from any

sums payable to such person under this chapter.

(b) F

ALSE

TATEMENT

.—A person shall, in addition to any

other penalty provided by law, be ineligible for any further pay-

ments under this chapter—

(1) if the Secretary, or a court of competent jurisdiction,

determines that the person—

(A) knowingly has made, or caused another to make,

a false statement or representation of a material fact; or

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00122 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

123 Sec. 301 TRADE ACT OF 1974

Paragraph (6) of section 406(a) of Public Law 114–27 provides that section 298(a) of the

Trade Act of 1974 shall be applied and administered by substituting ‘‘the 1-year period begin-

ning on July 1, 2021’’ for ‘‘each of the fiscal years’’ and all that follows through ‘‘October 1,

2007’’.

(B) knowingly has failed, or caused another to fail, to

disclose a material fact; and

(2) as a result of such false statement or representation, or

of such nondisclosure, such person has received any payment

under this chapter to which the person was not entitled.

OTICE AND

ETERMINATION

.—Except for overpayments de-

termined by a court of competent jurisdiction, no repayment may

be required, and no deduction may be made, under this section

until a determination under subsection (a)(1) by the Secretary has

been made, notice of the determination and an opportunity for a

fair hearing thereon has been given to the person concerned, and

the determination has become final.

(d) P

AYMENT TO

REASURY

.—Any amount recovered under this

section shall be returned to the Treasury of the United States.

(e) P

ENALTIES

.—Whoever makes a false statement of a mate-

rial fact knowing it to be false, or knowingly fails to disclose a ma-

terial fact, for the purpose of obtaining or increasing for himself or

for any other person any payment authorized to be furnished under

this chapter shall be fined not more than $10,000 or imprisoned for

not more than 1 year, or both.

ø19 U.S.C. 2401f¿

SEC. 298. AUTHORIZATION OF APPROPRIATIONS.

(a) I

ENERAL

.—There are authorized to be appropriated and

there are appropriated to the Department of Agriculture not to ex-

ceed $90,000,000 for each of the fiscal years 2003 through 2007 to

carry out the purposes of this chapter, and there are authorized to

be appropriated and there are appropriated to the Department of

Agriculture to carry out this chapter $9,000,000 for the 3-month

period beginning on October 1, 2007

(b) P

ROPORTIONATE

EDUCTION

.—If in any year the amount ap-

propriated under this chapter is insufficient to meet the require-

ments for adjustment assistance payable under this chapter, the

amount of assistance payable under this chapter shall be reduced

proportionately.

ø19 U.S.C. 2401g¿

TITLE III—RELIEF FROM UNFAIR

TRADE PRACTICES

CHAPTER 1—ENFORCEMENT OF UNITED

STATES RIGHTS UNDER TRADE AGREE-

MENTS AND RESPONSE TO CERTAIN FOR-

EIGN TRADE PRACTICES

SEC. 301. ACTIONS BY UNITED STATES TRADE REPRESENTATIVE.

(a) M

ANDATORY

CTION

.—

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00123 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

124 Sec. 301 TRADE ACT OF 1974

(1) If the United States Trade Representative determines

under section 304(a)(1) that—

(A) the rights of the United States under any trade

agreement are being denied; or

(B) an act, policy, or practice of a foreign country—

(i) violates, or is inconsistent with, the provisions

of, or otherwise denies benefits to the United States

under, any trade agreement, or

(ii) is unjustifiable and burdens or restricts United

States commerce;

the Trade Representative shall take action authorized in sub-

section (c), subject to the specific direction, if any, of the Presi-

dent regarding any such action, and shall take all other appro-

priate and feasible action within the power of the President

that the President may direct the Trade Representative to take

under this subsection, to enforce such rights or to obtain the

elimination of such act, policy, or practice.

Actions may be taken that are within the power of the President

with respect to trade in any goods or services, or with respect to

any other area of pertinent relations with the foreign country.

(2) The Trade Representative is not required to take action

under paragraph (1) in any case in which—

(A) the Dispute Settlement Body (as defined in section

121(5) of the Uruguay Round Agreements Act) has adopted

a report, or a ruling issued under the formal dispute set-

tlement proceeding provided under any other trade agree-

ment finds, that—

(i) the rights of the United States under a trade

agreement are not being denied, or

(ii) the act, policy, or practice—

(I) is not a violation of, or inconsistent with,

the rights of the United States, or

(II) does not deny, nullify, or impair benefits

to the United States under any trade agreement;

(B) the Trade Representative finds that—

(i) the foreign country is taking satisfactory meas-

ures to grant the rights of the United States under a

trade agreement,

(ii) the foreign country has—

(I) agreed to eliminate or phase out the act,

policy, or practice, or

(II) agreed to an imminent solution to the

burden or restriction on United States commerce

that is satisfactory to the Trade Representative,

(iii) it is impossible for the foreign country to

achieve the results described in clause (i) or (ii), as ap-

propriate, but the foreign country agrees to provide to

the United States compensatory trade benefits that

are satisfactory to the Trade Representative,

(iv) in extraordinary cases, where the taking of ac-

tion under this subsection would have an adverse im-

pact on the United States economy substantially out of

proportion to the benefits of such action, taking into

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00124 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

125 Sec. 301 TRADE ACT OF 1974

account the impact of not taking such action on the

credibility of the provisions of this chapter, or

(v) the taking of action under this subsection

would cause serious harm to the national security of

the United States.

(3) Any action taken under paragraph (1) to eliminate an

act, policy, or practice shall be devised so as to affect goods or

services of the foreign country in an amount that is equivalent

in value to the burden or restriction being imposed by that

country on United States commerce.

(b) D

ISCRETIONARY

CTION

.—If the Trade Representative de-

termines under section 304(a)(1) that—

(1) an act, policy, or practice of a foreign country is unrea-

sonable or discriminatory and burdens or restricts United

States commerce, and

(2) action by the United States is appropriate, the Trade

Representative shall take all appropriate and feasible action

authorized under subsection (c), subject to the specific direc-

tion, if any, of the President regarding any such action, and all

other appropriate and feasible action within the power of the

President that the President may direct the Trade Representa-

tive to take under this subsection, to obtain the elimination of

that act, policy, or practice.

Actions may be taken that are within the power of the President

with respect to trade in any goods or services, or with respect to

any other area of pertinent relations with the foreign country.

COPE OF

UTHORITY

.—

(1) For purposes of carrying out the provisions of sub-

section (a) or (b) or section 306(c), the Trade Representative is

authorized to—

(A) suspend, withdraw, or prevent the application of,

benefits of trade agreement concessions to carry out a

trade agreement with the foreign country referred to in

such subsection;

(B) impose duties or other import restrictions on the

goods of, and, notwithstanding any other provision of law,

fees or restrictions on the services of, such foreign country

for such time as the Trade Representative determines ap-

propriate;

fails to meet the eligibility criteria for receiving duty-free

treatment under subsections (b) and (c) of section 502 of

this Act, subsections (b) and (c) of section 212 of the Carib-

bean Basin Economic Recovery Act (19 U.S.C. 2702(b) and

(c)), or subsections (c) and (d) of section 203 of the Andean

Trade Preference Act (19 U.S.C. 3202(c) and (d)), with-

draw, limit, or suspend such treatment under such provi-

sions, notwithstanding the provisions of subsection (a)(3) of

this section; or

(D) enter into binding agreements with such foreign

country that commit such foreign country to—

(i) eliminate, or phase out, the act, policy, or prac-

tice that is the subject of the action to be taken under

subsection (a) or (b),

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00125 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

126 Sec. 301 TRADE ACT OF 1974

(ii) eliminate any burden or restriction on United

States commerce resulting from such act, policy, or

practice, or

(iii) provide the United States with compensatory

trade benefits that—

(I) are satisfactory to the Trade Representa-

tive, and

(II) meet the requirements of paragraph (4).

(2)(A) Notwithstanding any other provision of law gov-

erning any service sector access authorization, and in addition

to the authority conferred in paragraph (1), the Trade Rep-

resentative may, for purposes of carrying out the provisions of

subsection (a) or (b)—

(i) restrict, in the manner and to the extent the Trade

Representative determines appropriate, the terms and con-

ditions of any such authorization, or

(ii) deny the issuance of any such authorization.

(B) Actions described in subparagraph (A) may only be

taken under this section with respect to service sector access

authorizations granted, or applications therefor pending, on or

after the date on which—

(i) a petition is filed under section 302(a), or

(ii) a determination to initiate an investigation is

made by the Trade Representative under section 302(b).

under this section involving the imposition of fees or other re-

strictions on the services of a foreign country, the Trade Rep-

resentative shall, if the services involved are subject to regula-

tion by any agency of the Federal Government or of any State,

consult, as appropriate, with the head of the agency concerned.

(3) The actions the Trade Representative is authorized to

take under subsection (a) or (b) may be taken against any

goods or economic sector—

(A) on a nondiscriminatory basis or solely against the

foreign country described in such subsection, and

(B) without regard to whether or not such goods or

economic sector were involved in the act, policy, or practice

that is the subject of such action.

(4) Any trade agreement described in paragraph (1)(D)(iii)

shall provide compensatory trade benefits that benefit the eco-

nomic sector which includes the domestic industry that would

benefit from the elimination of the act, policy, or practice that

is the subject of the action to be taken under subsection (a) or

(b), or benefit the economic sector as closely related as possible

to such economic sector, unless—

(A) the provision of such trade benefits is not feasible,

(B) trade benefits that benefit any other economic sec-

tor would be more satisfactory than such trade benefits.

(5) If the Trade Representative determines that actions to

be taken under subsection (a) or (b) are to be in the form of

import restrictions, the Trade Representative shall—

(A) give preference to the imposition of duties over the

imposition of other import restrictions, and

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00126 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

127 Sec. 301 TRADE ACT OF 1974

(B) if an import restriction other than a duty is im-

posed, consider substituting, on an incremental basis, an

equivalent duty for such other import restriction.

(6) Any action taken by the Trade Representative under

this section with respect to export targeting shall, to the extent

possible, reflect the full benefit level of the export targeting to

the beneficiary over the period during which the action taken

has an effect.

(d) D

EFINITIONS AND

PECIAL

ULES

.—For purposes of this

chapter—

(1) The term ‘‘commerce’’ includes, but is not limited to—

(A) services (including transfers of information) associ-

ated with international trade, whether or not such services

are related to specific goods, and

(B) foreign direct investment by United States persons

with implications for trade in goods or services.

(2) An act, policy, or practice of a foreign country that bur-

dens or restricts United States commerce may include the pro-

vision, directly or indirectly, by that foreign country of sub-

sidies for the construction of vessels used in the commercial

transportation by water of goods between foreign countries and

the United States.

(3)(A) An act, policy, or practice is unreasonable if the act,

policy, or practice, while not necessarily in violation of, or in-

consistent with, the international legal rights of the United

States, is otherwise unfair and inequitable.

(B) Acts, policies, and practices that are unreasonable in-

clude, but are not limited to, any act, policy, or practice, or any

combination of acts, policies, or practices, which—

(i) denies fair and equitable—

(I) opportunities for the establishment of an enter-

prise,

(II) provision of adequate and effective protection

of intellectual property rights notwithstanding the fact

that the foreign country may be in compliance with

the specific obligations of the Agreement on Trade-Re-

lated Aspects of Intellectual Property Rights referred

to in section 101(d)(15) of the Uruguay Round Agree-

ments Act,

(III) nondiscriminatory market access opportuni-

ties for United States persons that rely upon intellec-

tual property protection, or

(IV) market opportunities, including the toleration

by a foreign government of systematic anticompetitive

activities by enterprises or among enterprises in the

foreign country that have the effect of restricting, on

a basis that is inconsistent with commercial consider-

ations, access of United States goods or services to a

foreign market,

(ii) constitutes export targeting,

(iii) constitutes a persistent pattern of conduct that—

(I) denies workers the right of association,

(II) denies workers the right to organize and bar-

gain collectively,

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00127 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

128 Sec. 301 TRADE ACT OF 1974

The margin for clause (iv), as added by section 607(3) of Public Law 114125, does not con-

form with the existing margins in subparagraph (B).

(III) permits any form of forced or compulsory

labor,

(IV) fails to provide a minimum age for the em-

ployment of children, or

(V) fails to provide standards for minimum wages,

hours of work, and occupational safety and health of

workers, or

(iv)

constitutes a persistent pattern of conduct

by the government of a foreign country under which

that government fails to effectively enforce commit-

ments under agreements to which the foreign country

and the United States are parties, including with re-

spect to trade in goods, trade in services, trade in agri-

culture, foreign investment, intellectual property, dig-

ital trade in goods and services and cross-border data

flows, regulatory practices, state-owned and state-con-

trolled enterprises, localization barriers to trade, labor

and the environment, anticorruption, trade remedy

laws, textiles, and commercial partnerships.

(C)(i) Acts, policies, and practices of a foreign country de-

scribed in subparagraph (B)(iii) shall not be treated as being

unreasonable if the Trade Representative determines that—

(I) the foreign country has taken, or is taking, actions

that demonstrate a significant and tangible overall ad-

vancement in providing throughout the foreign country (in-

cluding any designated zone within the foreign country)

the rights and other standards described in the subclauses

of subparagraph (B)(iii), or

(II) such acts, policies, and practices are not incon-

sistent with the level of economic development of the for-

eign country.

(ii) The Trade Representative shall publish in the Federal

with a description of the facts on which such determination is

based.

(D) For purposes of determining whether any act, policy,

or practice is unreasonable, reciprocal opportunities in the

United States for foreign nationals and firms shall be taken

into account, to the extent appropriate.

(E) The term ‘‘export targeting’’ means any government

plan or scheme consisting of a combination of coordinated ac-

tions (whether carried out severally or jointly) that are be-

stowed on a specific enterprise, industry, or group thereof, the

effect of which is to assist the enterprise, industry, or group to

become more competitive in the export of a class or kind of

merchandise.

(F)(i) For the purposes of subparagraph (B)(i)(II), adequate

and effective protection of intellectual property rights includes

adequate and effective means under the laws of the foreign

country for persons who are not citizens or nationals of such

country to secure, exercise, and enforce rights and enjoy com-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00128 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

129 Sec. 302 TRADE ACT OF 1974

mercial benefits relating to patents, trademarks, copyrights

and related rights, mask works, trade secrets, and plant breed-

er’s rights.

(ii) For purposes of subparagraph (B)(i)(IV), the denial of

fair and equitable nondiscriminatory market access opportuni-

ties includes restrictions on market access related to the use,

exploitation, or enjoyment of commercial benefits derived from

exercising intellectual property rights in protected works or fix-

ations or products embodying protected works.

(4)(A) An act, policy, or practice is unjustifiable if the act,

policy, or practice is in violation of, or inconsistent with, the

international legal rights of the United States.

(B) Acts, policies, and practices that are unjustifiable in-

clude, but are not limited to, any act, policy, or practice de-

scribed in subparagraph (A) which denies national or most-fa-

vored-nation treatment or the right of establishment or protec-

tion of intellectual property rights.

(5) Acts, policies, and practices that are discriminatory in-

clude, when appropriate, any act, policy, and practice which de-

nies national or most-favored-nation treatment to United

States goods, services, or investment.

(6) The term ‘‘service sector access authorization’’ means

any license, permit, order, or other authorization, issued under

the authority of Federal law, that permits a foreign supplier of

services access to the United States market in a service sector

concerned.

(7) The term ‘‘foreign country’’ includes any foreign instru-

mentality. Any possession or territory of a foreign country that

is administered separately for customs purposes shall be treat-

ed as a separate foreign country.

(8) The term ‘‘Trade Representative’’ means the United

States Trade Representative.

(9) The term ‘‘interested persons’’, only for purposes of sec-

tions 302(a)(4)(B), 304(b)(1)(A), 306(c)(2), and 307(a)(2), in-

cludes, but is not limited to, domestic firms and workers, rep-

resentatives of consumer interests, United States product ex-

porters, and any industrial user of any goods or services that

may be affected by actions taken under subsection (a) or (b).

ø19 U.S.C. 2411¿

SEC. 302. INITIATION OF INVESTIGATIONS.

(a) P

ETITIONS

.—

(1) Any interested person may file a petition with the

Trade Representative requesting that action be taken under

section 301 and setting forth the allegations in support of the

request.

(2) The Trade Representative shall review the allegations

in any petition filed under paragraph (1) and, not later than

45 days after the date on which the Trade Representative re-

ceived the petition, shall determine whether to initiate an in-

vestigation.

(3) If the Trade Representative determines not to initiate

an investigation with respect to a petition, the Trade Rep-

resentative shall inform the petitioner of the reasons therefor

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00129 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

130 Sec. 302 TRADE ACT OF 1974

and shall publish notice of the determination, together with a

summary of such reasons, in the Federal Register.

(4) If the Trade Representative makes an affirmative de-

termination under paragraph (2) with respect to a petition, the

Trade Representative shall initiate an investigation regarding

the issues raised in the petition. The Trade Representative

shall publish a summary of the petition in the Federal Register

and shall, as soon as possible, provide opportunity for the pres-

entation of views concerning the issues, including a public

hearing—

(A) within the 30-day period beginning on the date of

affirmative determination (or on a date after such period

if agreed to by the petitioner) if a public hearing within

such period is requested in the petition, or

(B) at such other time if a timely request therefor is

made by the petitioner or by any interested person.

(b) I

NITIATION OF

NVESTIGATION BY

EANS

THER

HAN

ETI

TION

.—

(1)(A) If the Trade Representative determines that an in-

vestigation should be initiated under this chapter with respect

to any matter in order to determine whether the matter is ac-

tionable under section 301, the Trade Representative shall

publish such determination in the Federal Register and shall

initiate such investigation.

(B) The Trade Representative shall, before making any de-

termination under subparagraph (A), consult with appropriate

committees established pursuant to section 135.

(2)(A) By no later than the date that is 30 days after the

date on which a country is identified under section 182(a)(2),

the Trade Representative shall initiate an investigation under

this chapter with respect to any act, policy, or practice of that

country that—

(i) was the basis for such identification, and

(ii) is not at that time the subject of any other inves-

tigation or action under this chapter.

(B) The Trade Representative is not required under sub-

paragraph (A) to initiate an investigation under this chapter

with respect to any act, policy, or practice of a foreign country

if the Trade Representative determines that the inititation of

the investigation would be detrimental to United States eco-

nomic interests.

under subparagraph (B) not to initiate an investigation, the

Trade Representative shall submit to the Congress a written

report setting forth, in detail—

(i) the reasons for the determination, and

(ii) the United States economic interests that would be

adversely affected by the investigation.

(D) The Trade Representative shall, from time to time,

consult with the Register of Copyrights, the Under Secretary

of Commerce for Intellectual Property and Director of the

United States Patent and Trademark Office, and other appro-

priate officers of the Federal Government, during any inves-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00130 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

131 Sec. 304 TRADE ACT OF 1974

tigation initiated under this chapter by reason of subparagraph

(A).

ISCRETION

.—In determining whether to initiate an inves-

tigation under subsection (a) or (b) of any act, policy, or practice

that is enumerated in any provision of section 301(d), the Trade

Representative shall have discretion to determine whether action

under section 301 would be effective in addressing such act, policy,

or practice.

ø19 U.S.C. 2412¿

SEC. 303. CONSULTATION UPON INITIATION OF INVESTIGATION.

(a) I

ENERAL

.—

(1) On the date on which an investigation is initiated

under section 302, the Trade Representative, on behalf of the

United States, shall request consultations with the foreign

country concerned regarding the issues involved in such inves-

tigation.

(2) If the investigation initiated under section 302 involves

a trade agreement and a mutually acceptable resolution is not

reached before the earlier of—

(A) the close of the consultation period, if any, speci-

fied in the trade agreement, or

(B) the 150th day after the day on which consultation

was commenced,

the Trade Representative shall promptly request proceedings

on the matter under the formal dispute settlement procedures

provided under such agreement.

(3) The Trade Representative shall seek information and

advice from the petitioner (if any) and the appropriate commit-

tees established pursuant to section 135 in preparing United

States presentations for consultations and dispute settlement

proceedings.

(b) D

ELAY OF

EQUEST FOR

ONSULTATIONS

.—

(1) Notwithstanding the provisions of subsection (a)—

(A) the United States Trade Representative may, after

consulting with the petitioner (if any), delay for up to 90

days any request for consultations under subsection (a) for

the purpose of verifying or improving the petition to en-

sure an adequate basis for consultation, and

(B) if such consultations are delayed by reason of sub-

paragraph (A), each time limitation under section 304

shall be extended for the period of such delay.

(2) The Trade Representative shall—

(A) publish notice of any delay under paragraph (1) in

the Federal Register, and

(B) report to Congress on the reasons for such delay

in the report required under section 309(a)(3).

ø19 U.S.C. 2413¿

SEC. 304. DETERMINATIONS BY THE TRADE REPRESENTATIVE.

(a) I

ENERAL

.—

(1) On the basis of the investigation initiated under section

302 and the consultations (and the proceedings, if applicable)

under section 303, the Trade Representative shall—

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00131 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

132 Sec. 304 TRADE ACT OF 1974

(A) determine whether—

(i) the rights to which the United States is enti-

tled under any trade agreement are being denied, or

(ii) any act, policy, or practice described in sub-

section (a)(1)(B) or (b)(1) of section 301 exists, and

(B) if the determination made under subparagraph (A)

is affirmative, determine what action, if any, the Trade

Representative should take under subsection (a) or (b) of

section 301.

(2) The Trade Representative shall make the determina-

tions required under paragraph (1) on or before—

(A) in the case of an investigation involving a trade

agreement, except an investigation initiated pursuant to

section 302(b)(2)(A) involving rights under the Agreement

on Trade-Related Aspects of Intellectual Property Rights

(referred to in section 101(d)(15) of the Uruguay Round

Agreements Act) or the GATT 1994 (as defined in section

2(1)(B) of that Act) relating to products subject to intellec-

tual property protection, the earlier of—

(i) the date that is 30 days after the date on which

the dispute settlement procedure is concluded, or

(ii) the date that is 18 months after the date on

which the investigation is initiated, or

(B) in all cases not described in subparagraph (A) or

paragraph (3), the date that is 12 months after the date

on which the investigation is initiated.

(3)(A) If an investigation is initiated under this chapter by

reason of section 302(b)(2) and—

(i) the Trade Representative considers that rights

under the Agreement on Trade-Related Aspects of Intellec-

tual Property Rights or the GATT 1994 relating to prod-

ucts subject to intellectual property protection are in-

volved, the Trade Representative shall make the deter-

mination required under paragraph (1) not later than 30

days after the date on which the dispute settlement proce-

dure is concluded; or

(ii) the Trade Representative does not consider that a

trade agreement, including the Agreement on Trade-Re-

lated Aspects of Intellectual Property Rights, is involved or

does not make a determination described in subparagraph

(B) with respect to such investigation, the Trade Rep-

resentative shall make the determinations required under

paragraph (1) with respect to such investigation not later

than the date that is 6 months after the date on which

such investigation is initiated.

(B) If the Trade Representative determines with respect to

an investigation initiated by reason of section 302(b)(2) (other

than an investigation involving a trade agreement) that—

(i) complex or complicated issues are involved in the

investigation that require additional time,

(ii) the foreign country involved in the investigation is

making substantial progress in drafting or implementing

legislative or administrative measures that will provide

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00132 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

133 Sec. 305 TRADE ACT OF 1974

adequate and effective protection of intellectual property

rights, or

(iii) such foreign country is undertaking enforcement

measures to provide adequate and effective protection of

intellectual property rights,

the Trade Representative shall publish in the Federal Register

notice of such determination and shall make the determina-

tions required under paragraph (1) with respect to such inves-

tigation by no later than the date that is 9 months after the

date on which such investigation is initiated.

(4) In any case in which a dispute is not resolved before

the close of the minimum dispute settlement period provided

for in a trade agreement, the Trade Representative, within 15

days after the close of such dispute settlement period, shall

submit a report to Congress setting forth the reasons why the

dispute was not resolved within the minimum dispute settle-

ment period, the status of the case at the close of the period,

and the prospects for resolution. For purposes of this para-

graph, the minimum dispute settlement period provided for

under any such trade agreement is the total period of time that

results if all stages of the formal dispute settlement procedures

are carried out within the time limitations specified in the

agreement, but computed without regard to any extension au-

thorized under the agreement at any stage.

(b) C

ONSULTATION

EFORE

ETERMINATIONS

.—

(1) Before making the determinations required under sub-

section (a)(1), the Trade Representative, unless expeditious ac-

tion is required—

(A) shall provide an opportunity (after giving not less

than 30 days notice thereof) for the presentation of views

by interested persons, including a public hearing if re-

quested by any interested person,

(B) shall obtain advice from the appropriate commit-

tees established pursuant to section 135, and

national Trade Commission regarding the probable impact

on the economy of the United States of the taking of action

with respect to any goods or service.

(2) If the Trade Representative does not comply with the

requirements of subparagraphs (A) and (B) of paragraph (1) be-

cause expeditious action is required, the Trade Representative

shall, after making the determinations under subsection (a)(1),

comply with such subparagraphs.

UBLICATION

.—The Trade Representative shall publish in

the Federal Register any determination made under subsection

(a)(1), together with a description of the facts on which such deter-

mination is based.

ø19 U.S.C. 2414¿

SEC. 305. IMPLEMENTATION OF ACTIONS.

(a) A

CTIONS

AKEN

NDER

ECTION

301.—

(1) Except as provided in paragraph (2), the Trade Rep-

resentative shall implement the action the Trade Representa-

tive determines under section 304(a)(1)(B) to take under sec-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00133 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

134 Sec. 305 TRADE ACT OF 1974

tion 301, subject to the specific direction, if any, of the Presi-

dent regarding any such action, by no later than the date that

is 30 days after the date on which such determination is made.

(2)(A) Except as otherwise provided in this paragraph, the

Trade Representative may delay, by not more than 180 days,

the implementation of any action that is to be taken under sec-

tion 301—

(i) if—

(I) in the case of an investigation initiated under

section 302(a), the petitioner requests a delay, or

(II) in the case of an investigation initiated under

section 302(b)(1) or to which section 304(a)(3)(B) ap-

plies, a delay is requested by a majority of the rep-

resentatives of the domestic industry that would ben-

efit from the action, or

(ii) if the Trade Representative determines that sub-

stantial progress is being made, or that a delay is nec-

essary or desirable to obtain United States rights or satis-

factory solution with respect to the acts, policies, or prac-

tices that are the subject of the action.

(B) The Trade Representative may not delay under sub-

paragraph (A) the implementation of any action that is to be

taken under section 301 with respect to any investigation to

which section 304(a)(3)(A)(ii) applies.

paragraph (A) the implementation of any action that is to be

taken under section 301 with respect to any investigation to

which section 304(a)(3)(B) applies by more than 90 days.

(b) A

LTERNATIVE

CTIONS IN

ERTAIN

ASES OF

XPORT

GETING

.—

(1) If the Trade Representative makes an affirmative de-

termination under section 304(a)(1)(A) involving export tar-

geting by a foreign country and determines to take no action

under section 301 with respect to such affirmation determina-

tion, the Trade Representative—

(A) shall establish an advisory panel to recommend

measures which will promote the competitiveness of the

domestic industry affected by the export targeting,

(B) on the basis of the report of such panel submitted

under paragraph (2)(B) and subject to the specific direc-

tion, if any, of the President, may take any administrative

actions authorized under any other provision of law, and,

if necessary, propose legislation to implement any other

actions, that would restore or improve the international

competitiveness of the domestic industry affected by the

export targeting, and

after the date on which the report of such panel is sub-

mitted under paragraph (2)(B), submit a report to the Con-

gress on the administrative actions taken, and legislative

proposals made, under subparagraph (B) with respect to

the domestic industry affected by the export targeting.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00134 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

135 Sec. 306 TRADE ACT OF 1974

(2)(A) The advisory panels established under paragraph

(1)(A) shall consist of individuals appointed by the Trade Rep-

resentative who—

(i) earn their livelihood in the private sector of the

economy, including individuals who represent management

and labor in the domestic industry affected by the export

targeting that is the subject of the affirmative determina-

tion made under section 304(a)(1)(A), and

(ii) by education or experience, are qualified to serve

on the advisory panel.

(B) By no later than the date that is 6 months after the

date on which an advisory panel is established under para-

graph (1)(A), the advisory panel shall submit to the Trade Rep-

resentative and to the Congress a report on measures that the

advisory panel recommends be taken by the United States to

promote the competitiveness of the domestic industry affected

by the export targeting that is the subject of the affirmative

determination made under section 304(a)(1)(A).

ø19 U.S.C. 2415¿

SEC. 306. MONITORING OF FOREIGN COMPLIANCE.

(a) I

ENERAL

.—The Trade Representative shall monitor the

implementation of each measure undertaken, or agreement that is

entered into, by a foreign country to provide a satisfactory resolu-

tion of a matter subject to investigation under this chapter or sub-

ject to dispute settlement proceedings to enforce the rights of the

United States under a trade agreement providing for such pro-

ceedings.

(b) A

CTION ON THE

ASIS OF

ONITORING

.—

(1) I

N GENERAL

.—If, on the basis of the monitoring carried

out under subsection (a), the Trade Representative considers

that a foreign country is not satisfactorily implementing a

measure or agreement referred to in subsection (a), the Trade

Representative shall determine what further action the Trade

Representative shall take under section 301(a). For purposes of

section 301, any such determination shall be treated as a de-

termination made under section 304(a)(1).

(2) WTO

DISPUTE SETTLEMENT RECOMMENDATIONS

.—

(A) F

AILURE TO IMPLEMENT RECOMMENDATION

.—If the

measure or agreement referred to in subsection (a) con-

cerns the implementation of a recommendation made pur-

suant to dispute settlement proceedings under the World

Trade Organization, and the Trade Representative con-

siders that the foreign country has failed to implement it,

the Trade Representative shall make the determination in

paragraph (1) no later than 30 days after the expiration of

the reasonable period of time provided for such implemen-

tation under paragraph 21 of the Understanding on Rules

and Procedures Governing the Settlement of Disputes that

is referred to in section 101(d)(16) of the Uruguay Round

Agreements Act.

(B) R

EVISION OF RETALIATION LIST AND ACTION

.—

(i) I

N GENERAL

.—Except as provided in clause (ii),

in the event that the United States initiates a retalia-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00135 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

136 Sec. 306 TRADE ACT OF 1974

tion list or takes any other action described in section

301(c)(1)(A) or (B) against the goods of a foreign coun-

try or countries because of the failure of such country

or countries to implement the recommendation made

pursuant to a dispute settlement proceeding under the

World Trade Organization, the Trade Representative

shall periodically revise the list or action to affect

other goods of the country or countries that have

failed to implement the recommendation.

(ii) E

XCEPTION

.—The Trade Representative is not

required to revise the retaliation list or the action de-

scribed in clause (i) with respect to a country, if—

(I) the Trade Representative determines that

implementation of a recommendation made pursu-

ant to a dispute settlement proceeding described

in clause (i) by the country is imminent; or

(II) the Trade Representative together with

the petitioner involved in the initial investigation

under this chapter (or if no petition was filed, the

affected United States industry) agree that it is

unnecessary to revise the retaliation list.

CHEDULE FOR REVISING LIST OR ACTION

.—The

Trade Representative shall, 120 days after the date the re-

taliation list or other section 301(a) action is first taken,

and every 180 days thereafter, review the list or action

taken and revise, in whole or in part, the list or action to

affect other goods of the subject country or countries.

(D) S

TANDARDS FOR REVISING LIST OR ACTION

.—In re-

vising any list or action against a country or countries

under this subsection, the Trade Representative shall act

in a manner that is most likely to result in the country or

countries implementing the recommendations adopted in

the dispute settlement proceeding or in achieving a mutu-

ally satisfactory solution to the issue that gave rise to the

dispute settlement proceeding. The Trade Representative

shall consult with the petitioner, if any, involved in the

initial investigation under this chapter.

(E) R

ETALIATION LIST

.—The term ‘‘retaliation list’’

means the list of products of a foreign country or countries

that have failed to comply with the report of the panel or

Appellate Body of the WTO and with respect to which the

Trade Representative is imposing duties above the level

that would otherwise be imposed under the Harmonized

Tariff Schedule of the United States.

(F) R

EQUIREMENT TO INCLUDE RECIPROCAL GOODS ON

RETALIATION LIST

.—The Trade Representative shall in-

clude on the retaliation list, and on any revised lists, recip-

rocal goods of the industries affected by the failure of the

foreign country or countries to implement the rec-

ommendation made pursuant to a dispute settlement pro-

ceeding under the World Trade Organization, except in

cases where existing retaliation and its corresponding pre-

liminary retaliation list do not already meet this require-

ment.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00136 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

137 Sec. 307 TRADE ACT OF 1974

XERCISE OF

WTO A

UTHORIZATION TO

USPEND

ONCES

SIONS OR

THER

BLIGATIONS

.—If—

(1) action has terminated pursuant to section 307(c),

(2) the petitioner or any representative of the domestic in-

dustry that would benefit from reinstatement of action has

submitted to the Trade Representative a written request for re-

instatement of action, and

(3) the Trade Representatives has completed the require-

ments of subsection (d) and section 307(c)(3),

the Trade Representative may at any time determine to take action

under section 301(c) to exercise an authorization to suspend conces-

sions or other obligations under Article 22 of the Understanding on

Rules and Procedures Governing the Settlement of Disputes (re-

ferred to in section 101(d)(16) of the Uruguay Round Agreements

Act (19 U.S.C. 3511(d)(16))).

(d) C

ONSULTATIONS

.—Before making any determination under

subsection (b) or (c), the Trade Representative shall—

(1) consult with the petitioner, if any, involved in the ini-

tial investigation under this chapter and with representatives

of the domestic industry concerned; and

(2) provide an opportunity for the presentation of views by

interested persons.

ø19 U.S.C. 2416¿

SEC. 307. MODIFICATION AND TERMINATION OF ACTIONS.

(a) I

ENERAL

.—

(1) The Trade Representative may modify or terminate any

action, subject to the specific direction, if any, of the President

with respect to such action, that is being taken under section

301 if—

(A) any of the conditions described in section 301(a)(2)

exist,

(B) the burden or restriction on United States com-

merce of the denial rights, or of the acts, policies, and

practices, that are the subject of such action has increased

or decreased, or

and is no longer appropriate.

(2) Before taking any action under paragraph (1) to modify

or terminate any action taken under section 301, the Trade

Representative shall consult with the petitioner, if any, and

with representatives of the domestic industry concerned, and

shall provide opportunity for the presentation of views by other

interested persons affected by the proposed modification or ter-

mination concerning the effects of the modification or termi-

nation and whether any modification or termination of the ac-

tion is appropriate.

(b) N

OTICE

; R

EPORT TO

ONGRESS

.—The Trade Representative

shall promptly publish in the Federal Register notice of, and report

in writing to the Congress with respect to, any modification or ter-

mination of any action taken under section 301 and the reasons

therefor.

EVIEW OF

ECESSITY

.—

(1) If—

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00137 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

138 Sec. 308 TRADE ACT OF 1974

(A) a particular action has been taken under section

301 during any 4-year period, and

(B) neither the petitioner nor any representative of the

domestic industry which benefits from such action has sub-

mitted to the Trade Representative during the last 60 days

of such 4-year period a written request for the continu-

ation of such action,

such action shall terminate at the close of such 4-year period.

(2) The Trade Representative shall notify by mail the peti-

tioner and representatives of the domestic industry described

in paragraph (1)(B) of any termination of action by reason of

paragraph (1) at least 60 days before the date of such termi-

nation.

(3) If a request is submitted to the Trade Representative

under paragraph (1)(B) to continue taking a particular action

under section 301, or if a request is submitted to the Trade

Representative under section 306(c)(2) to reinstate action, the

Trade Representative shall conduct a review of—

(A) the effectiveness in achieving the objectives of sec-

tion 301 of—

(i) such action, and

(ii) other actions that could be taken (including ac-

tions against other products or services), and

(B) the effects of such actions on the United States

economy, including consumers.

ø19 U.S.C. 2417¿

SEC. 308. REQUEST FOR INFORMATION.

(a) I

ENERAL

.—Upon receipt of written request therefor from

any person, the Trade Representative shall make available to that

person information (other than that to which confidentiality ap-

plies) concerning—

(1) the nature and extent of a specific trade policy or prac-

tice of a foreign country with respect to particular goods, serv-

ices, investment, or intellectual property rights, to the extent

that such information is available to the Trade Representative,

or other Federal agencies;

(2) United States rights under any trade agreement and

the remedies which may be available under that agreement

and under the laws of the United States; and

(3) past and present domestic and international pro-

ceedings or actions with respect to the policy or practice con-

cerned.

(b) I

NFORMATION

VAILABLE

.—If information that is re-

quested by a person under subsection (a) is not available to the

Trade Representative or other Federal agencies, the Trade Rep-

resentative shall, within 30 days after receipt of the request—

(1) request the information from the foreign government;

(2) decline to request the information and inform the per-

son in writing of the reasons for refusal.

ERTAIN

USINESS

NFORMATION

ADE

VAILABLE

.—

(1) Except as provided in paragraph (2), and notwith-

standing any other provision of law (including section 552 of

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00138 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

139 Sec. 310 TRADE ACT OF 1974

title 5, United States Code), no information requested and re-

ceived by the Trade Representative in aid of any investigation

under this chapter shall be made available to any person if—

(A) the person providing such information certifies

that—

(i) such information is business confidential,

(ii) the disclosure of such information would en-

danger trade secrets or profitability, and

(iii) such information is not generally available;

(B) the Trade Representative determines that such

certification is well-founded; and

the Trade Representative, the person providing such infor-

mation provides an adequate nonconfidential summary of

such information.

(2) The Trade Representative may—

(A) use such information, or make such information

available (in his own discretion) to any employee of the

Federal Government for use, in any investigation under

this chapter, or

(B) may make such information available to any other

person in a form which cannot be associated with, or oth-

erwise identify, the person providing the information.

ø19 U.S.C. 2418¿

SEC. 309. ADMINISTRATION.

The Trade Representative shall—

(1) issue regulations concerning the filing of petitions and

the conduct of investigations and hearings under this sub-

chapter,

(2) keep the petitioner regularly informed of all determina-

tions and developments regarding the investigation conducted

with respect to the petition under this chapter, including the

reasons for any undue delays, and

(3) submit a report to the House of Representatives and

the Senate semiannually describing—

(A) the petitions filed and the determinations made

(and reasons therefor) under section 302,

(B) developments in, and the current status of, each

investigation or proceeding under this chapter,

the Trade Representative under section 301 with respect

to investigations conducted under this chapter, and

(D) the commercial effects of actions taken under sec-

tion 301.

ø19 U.S.C. 2419¿

SEC. 310. TRADE ENFORCEMENT PRIORITIES.

(a) T

RADE

NFORCEMENT

RIORITIES

, C

ONSULTATIONS

AND

PORT

.—

(1) T

RADE ENFORCEMENT PRIORITIES CONSULTATIONS

.—Not

later than May 31 of each calendar year that begins after the

date of the enactment of the Trade Facilitation and Trade En-

forcement Act of 2015, the United States Trade Representative

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00139 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

140 Sec. 310 TRADE ACT OF 1974

(in this section referred to as the ‘‘Trade Representative’’) shall

consult with the Committee on Finance of the Senate and the

Committee on Ways and Means of the House of Representa-

tives with respect to the prioritization of acts, policies, or prac-

tices of foreign governments that raise concerns with respect to

obligations under the WTO Agreements or any other trade

agreement to which the United States is a party, or otherwise

create or maintain barriers to United States goods, services, or

investment.

(2) I

DENTIFICATION OF TRADE ENFORCEMENT PRIORITIES

.—

In identifying acts, policies, or practices of foreign governments

as trade enforcement priorities under this subsection, the

Trade Representative shall focus on those acts, policies, and

practices the elimination of which is likely to have the most

significant potential to increase United States economic

growth, and take into account all relevant factors, including—

(A) the economic significance of any potential incon-

sistency between an obligation assumed by a foreign gov-

ernment pursuant to a trade agreement to which both the

foreign government and the United States are parties and

the acts, policies, or practices of that government;

(B) the impact of the acts, policies, or practices of a

foreign government on maintaining and creating United

States jobs and productive capacity;

described in the most recent National Trade Estimate re-

quired under section 181(b);

(D) the major barriers and trade distorting practices

described in other relevant reports addressing inter-

national trade and investment barriers prepared by a Fed-

eral agency or congressional commission during the 12

months preceding the date of the most recent report under

paragraph (3);

(E) a foreign government’s compliance with its obliga-

tions under any trade agreements to which both the for-

eign government and the United States are parties;

(F) the implications of a foreign government’s procure-

ment plans and policies; and

(G) the international competitive position and export

potential of United States products and services.

(3) R

EPORT ON TRADE ENFORCEMENT PRIORITIES AND AC

TIONS TAKEN TO ADDRESS

.—

(A) I

N GENERAL

.—Not later than July 31 of each cal-

endar year that begins after the date of the enactment of

the Trade Facilitation and Trade Enforcement Act of 2015,

the Trade Representative shall report to the Committee on

Finance of the Senate and the Committee on Ways and

Means of the House of Representatives on acts, policies, or

practices of foreign governments identified as trade en-

forcement priorities based on the consultations under

paragraph (1) and the criteria set forth in paragraph (2).

(B) R

EPORT IN SUBSEQUENT YEARS

.—The Trade Rep-

resentative shall include, when reporting under subpara-

graph (A) in any calendar year after the calendar year that

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00140 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

141 Sec. 310 TRADE ACT OF 1974

begins after the date of the enactment of the Trade Facili-

tation and Trade Enforcement Act of 2015, a description of

actions taken to address any acts, policies, or practices of

foreign governments identified as trade enforcement prior-

ities under this subsection in the calendar year preceding

that report and, as relevant, any calendar year before that

calendar year.

(b) S

EMIANNUAL

NFORCEMENT

ONSULTATIONS

.—

(1) I

N GENERAL

.—At the same time as the reporting under

subsection (a)(3), and not later than January 31 of each fol-

lowing year, the Trade Representative shall consult with the

Committee on Finance of the Senate and the Committee on

Ways and Means of the House of Representatives with respect

to the identification, prioritization, investigation, and resolu-

tion of acts, policies, or practices of foreign governments of con-

cern with respect to obligations under the WTO Agreements or

any other trade agreement to which the United States is a

party, or that otherwise create or maintain trade barriers.

(2) A

CTS

POLICIES

OR PRACTICES OF CONCERN

.—The semi-

annual enforcement consultations required by paragraph (1)

shall address acts, policies, or practices of foreign governments

that raise concerns with respect to obligations under the WTO

Agreements or any other trade agreement to which the United

States is a party, or otherwise create or maintain trade bar-

riers, including—

(A) engagement with relevant trading partners;

(B) strategies for addressing such concerns;

in the investigation or resolution of such concerns;

(D) the merits of any potential dispute resolution pro-

ceeding under the WTO Agreements or any other trade

agreement to which the United States is a party relating

to such concerns; and

(E) any other aspects of such concerns.

(3) A

CTIVE INVESTIGATIONS

.—The semiannual enforcement

consultations required by paragraph (1) shall address acts,

policies, or practices that the Trade Representative is actively

investigating with respect to obligations under the WTO Agree-

ments or any other trade agreement to which the United

States is a party, including—

(A) strategies for addressing concerns raised by such

acts, policies, or practices;

(B) any relevant timeline with respect to investigation

of such acts, policies, or practices;

ceeding under the WTO Agreements or any other trade

agreement to which the United States is a party with re-

spect to such acts, policies, or practices;

(D) barriers to the advancement of the investigation of

such acts, policies, or practices; and

(E) any other matters relating to the investigation of

such acts, policies, or practices.

(4) O

NGOING ENFORCEMENT ACTIONS

.—The semiannual en-

forcement consultations required by paragraph (1) shall ad-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00141 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

142 Sec. 310 TRADE ACT OF 1974

dress all ongoing enforcement actions taken by or against the

United States with respect to obligations under the WTO

Agreements or any other trade agreement to which the United

States is a party, including—

(A) any relevant timeline with respect to such actions;

(B) the merits of such actions;

(D) potential implications for any law or regulation of

the United States;

(E) potential implications for United States stake-

holders, domestic competitors, and exporters; and

(F) other issues relating to such actions.

(5) E

NFORCEMENT RESOURCES

.—The semiannual enforce-

ment consultations required by paragraph (1) shall address the

availability and deployment of enforcement resources, resource

constraints on monitoring and enforcement activities, and

strategies to address those constraints, including the use of

available resources of other Federal agencies to enhance moni-

toring and enforcement capabilities.

NVESTIGATION AND

ESOLUTION

.—In the case of any acts,

policies, or practices of a foreign government identified as a trade

enforcement priority under subsection (a), the Trade Representa-

tive shall, not later than the date of the first semiannual enforce-

ment consultations held under subsection (b) after the identifica-

tion of the priority, take appropriate action to address that priority,

including—

(1) engagement with the foreign government to resolve

concerns raised by such acts, policies, or practices;

(2) initiation of an investigation under section 302(b)(1)

with respect to such acts, policies, or practices;

(3) initiation of negotiations for a bilateral agreement that

provides for resolution of concerns raised by such acts, policies,

or practices; or

(4) initiation of dispute settlement proceedings under the

WTO Agreements or any other trade agreement to which the

United States is a party with respect to such acts, policies, or

practices.

(d) E

NFORCEMENT

OTIFICATIONS AND

ONSULTATION

.—

(1) I

NITIATION OF ENFORCEMENT ACTION

.—The Trade Rep-

resentative shall notify and consult with the Committee on Fi-

nance of the Senate and the Committee on Ways and Means

of the House of Representatives in advance of the initiation of

any formal trade dispute by or against the United States taken

in regard to an obligation under the WTO Agreements or any

other trade agreement to which the United States is a party.

With respect to a formal trade dispute against the United

States, if advance notification and consultation are not pos-

sible, the Trade Representative shall notify and consult at the

earliest practicable opportunity after initiation of the dispute.

(2) C

IRCULATION OF REPORTS

.—The Trade Representative

shall notify and consult with the Committee on Finance of the

Senate and the Committee on Ways and Means of the House

of Representatives in advance of the announced or anticipated

circulation of any report of a dispute settlement panel or the

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00142 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

143 Sec. 402 TRADE ACT OF 1974

Appellate Body of the World Trade Organization or of a dis-

pute settlement panel under any other trade agreement to

which the United States is a party with respect to a formal

trade dispute by or against the United States.

(e) D

EFINITIONS

.—In this section:

(1) WTO.—The term ‘‘WTO’’ means the World Trade Orga-

nization.

(2) WTO

AGREEMENT

.—The term ‘‘WTO Agreement’’ has

the meaning given that term in section 2(9) of the Uruguay

Round Agreements Act (19 U.S.C. 3501(9)).

(3) WTO

AGREEMENTS

.—The term ‘‘WTO Agreements’’

means the WTO Agreement and agreements annexed to that

Agreement.

ø19 U.S.C. 2420¿

TITLE IV—TRADE RELATIONS WITH

COUNTRIES NOT RECEIVING NON-

DISCRIMINATORY TREATMENT

CHAPTER 1—TRADE RELATIONS WITH

CERTAIN COUNTRIES

SEC. 401. EXCEPTION OF THE PRODUCTS OF CERTAIN COUNTRIES OR

AREAS.

Except as otherwise provided in this title, the President shall

continue to deny nondiscriminatory treatment to the products of

any country, the products of which were not eligible for the rates

set forth in rate column numbered 1 of the Tariff Schedules of the

United States on the date of the enactment of this Act.

ø19 U.S.C. 2431¿

SEC. 402. FREEDOM OF EMIGRATION IN EAST-WEST TRADE.

(a) To assure the continued dedication of the United States to

fundamental human rights, and notwithstanding any other provi-

sion of law, on or after the date of the enactment of this Act prod-

ucts from any nonmarket economy country shall not be eligible to

receive nondiscriminatory treatment (normal trade relations), such

country shall not participate in any program of the Government of

the United States which extends credits or credit guarantees or in-

vestment guarantees, directly or indirectly, and the President of

the United States shall not conclude any commercial agreement

with any such country, during the period beginning with the date

on which the President determines that such country—

(1) denies its citizens the right or opportunity to emigrate;

(2) imposes more than a nominal tax on emigration or on

the visas or other documents required for emigration, for any

purpose or cause whatsoever; or

(3) imposes more than a nominal tax, levy, fine, fee, or

other charge on any citizen as a consequence of the desire of

such citizen to emigrate to the country of his choice,

and ending on the date on which the President determines that

such country is no longer in violation of paragraph (1), (2), or (3).

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00143 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

144 Sec. 402 TRADE ACT OF 1974

(b) After the date of the enactment of this Act, (A) products of

a nonmarket economy country may be eligible to receive non-

discriminatory treatment (normal trade relations), (B) such country

may participate in any program of the Government of the United

States which extends credits or credit guarantees or investment

guarantees, and (C) the President may conclude a commercial

agreement with such country, only after the President has sub-

mitted to the Congress a report indicating that such country is not

in violation of paragraph (1), (2), or (3) of subsection (a). Such re-

port with respect to such country shall include information as to

the nature and implementation of emigration laws and policies and

restrictions or discrimination applied to or against persons wishing

to emigrate. The report required by this subsection shall be sub-

mitted initially as provided herein and, with current information,

on or before each June 30 and December 31 thereafter so long as

such treatment is received, such credits or guarantees are ex-

tended, or such agreement is in effect.

(c)(1) During the 18-month period beginning on the date of the

enactment of this Act, the President is authorized to waive by Ex-

ecutive order the application of subsections (a) and (b) with respect

to any country, if he reports to the Congress that—

(A) he has determined that such waiver will substantially

promote the objectives of this section; and

(B) he has received assurances that the emigration prac-

tices of that country will henceforth lead substantially to the

achievement of the objectives of this section.

(2) During any period subsequent to the 18-month period re-

ferred to in paragraph (1), the President is authorized to waive by

Executive order the application of subsections (a) and (b) with re-

spect to any country, if the waiver authority granted by this sub-

section continues to apply to such country pursuant to subsection

(d), and if he reports to the Congress that—

(A) he has determined that such waiver will substantially

promote the objectives of this section; and

(B) he has received assurances that the emigration prac-

tices of that country will henceforth lead substantially to the

achievement of the objectives of this section.

(3) A waiver with respect to any country shall terminate on the

day after the waiver authority granted by this subsection ceases to

be effective with respect to such country pursuant to subsection (d).

The President may, at any time, terminate by Executive order any

waiver granted under this subsection.

(d)(1) If the President determines that the further extension of

the waiver authority granted under subsection (c) will substantially

promote the objectives of this section, he may recommend further

extensions of such authority for successive 12-month periods. Any

such recommendations shall—

(A) be made not later than 30 days before the expiration

of such authority;

(B) be made in a document transmitted to the House of

Representatives and the Senate setting forth his reasons for

recommending the extension of such authority; and

er granted under subsection (c) is in effect, a determination

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00144 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

145 Sec. 403 TRADE ACT OF 1974

that continuation of the waiver applicable to that country will

substantially promote the objectives of this section, and a

statement setting forth his reasons for such determination.

If the President recommends the further extension of such author-

ity, such authority shall continue in effect until the end of the 12-

month period following the end of the previous 12-month extension

with respect to any country (except for any country with respect to

which such authority has not been extended under this subsection),

unless a joint resolution described in section 153(a) is enacted into

law pursuant to the provisions of paragraph (2).

(2)(A) The requirements of this paragraph are met if the joint

resolution is enacted under the procedures set forth in section 153,

and—

(i) the Congress adopts and transmits the joint resolution

to the President before the end of the 60-day period beginning

on the date the waiver authority would expire but for an exten-

sion under paragraph (1), and

(ii) if the President vetoes the joint resolution, each House

of Congress votes to override such veto on or before the later

of the last day of the 60-day period referred to in clause (i) or

the last day of the 15-day period (excluding any day described

in section 154(b)) beginning on the date the Congress receives

the veto message from the President.

(B) If a joint resolution is enacted into law under the provi-

sions of this paragraph, the waiver authority applicable to any

country with respect to which the joint resolution disapproves of

the extension of such authority shall cease to be effective as of the

day after the 60-day period beginning on the date of the enactment

of the joint resolution.

apply may be introduced at any time on or after the date the Presi-

dent transmits to the Congress the document described in para-

graph (1)(B).

(e) This section shall not apply to any country the products of

which are eligible for the rates set forth in rate column numbered

1 of the Tariff Schedules of the United States on the date of the

enactment of this Act.

ø19 U.S.C. 2432¿

SEC. 403. UNITED STATES PERSONNEL MISSING IN ACTION IN SOUTH-

EAST ASIA.

(a) Notwithstanding any other provision of law, if the Presi-

dent determines that a nonmarket economy country is not cooper-

ating with the United States—

(1) to achieve a complete accounting of all United States

military and civilian personnel who are missing in action in

Southeast Asia,

(2) to repatriate such personnel who are alive, and

(3) to return the remains of such personnel who are dead

to the United States,

then, during the period beginning with the date of such determina-

tion and ending on the date on which the President determines

such country is cooperating with the United States, he may provide

that—

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00145 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

146 Sec. 404 TRADE ACT OF 1974

(A) the products of such country may not receive non-

discriminatory treatment,

(B) such country may not participate, directly or indirectly,

in any program under which the United States extends credit,

credit guarantees, or investment guarantees, and

between such country and the United States will take effect.

(b) This section shall not apply to any country the products of

which are eligible for the rates set forth in rate column numbered

1 of the Tariff Schedules of the United States on the date of enact-

ment of this Act.

ø19 U.S.C. 2433¿

SEC. 404. EXTENSION OF NONDISCRIMINATORY TREATMENT.

(a) Subject to the provisions of section 405(c), the President

may by proclamation extend nondiscriminatory treatment to the

products of a foreign country which has entered into a bilateral

commercial agreement referred to in section 405.

(b) The application of nondiscriminatory treatment shall be

limited to the period of effectiveness of the obligations of the

United States to such country under such bilateral commercial

agreement. In addition, in the case of any foreign country receiving

nondiscriminatory treatment pursuant to this title which has en-

tered into an agreement with the United States regarding the set-

tlement of lend-lease reciprocal aid and claims, the application of

such nondiscriminatory treatment shall be limited to period during

which such country is not in arrears on its obligations under such

agreement.

extension of nondiscriminatory treatment to any country pursuant

to subsection (a) and thereby cause all products of such country to

be dutiable at the rates set forth in rate column numbered 2 of the

Harmonized Tariff Schedule of the United States.

ø19 U.S.C. 2434¿

SEC. 405. AUTHORITY TO ENTER INTO COMMERCIAL AGREEMENTS.

(a) Subject to the provisions of subsections (b) and (c) of this

section, the President may authorize the entry into force of bilat-

eral commercial agreements providing nondiscriminatory treatment

to the products of countries heretofore denied such treatment

whenever he determines that such agreements with such countries

will promote the purposes of this Act and are in the national inter-

est.

(b) Any such bilateral commercial agreement shall—

(1) be limited to an initial period specified in the agree-

ment which shall be no more than 3 years from the date the

agreement enters into force; except that it may be renewable

for additional periods, each not to exceed 3 years; if—

(A) a satisfactory balance of concessions in trade and

services has been maintained during the life of such agree-

ment, and

(B) the President determines that actual or foreseeable

reductions in United States tariffs and nontariff barriers

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00146 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

147 Sec. 406 TRADE ACT OF 1974

to trade resulting from multilateral negotiations are satis-

factorily reciprocated by the other party to the bilateral

agreement;

(2) provide that it is subject to suspension or termination

at any time for national security reasons, or that the other pro-

visions of such agreement shall not limit the rights of any

party to take any action for the protection of its security inter-

ests;

(3) include safeguard arrangements (A) providing for

prompt consultations whenever either actual or prospective im-

ports cause or threaten to cause, or significantly contribute to,

market disruption and (B) authorizing the imposition of such

import restrictions as may be appropriate to prevent such mar-

ket disruption;

(4) if the other party to the bilateral agreement is not a

party to the Paris Convention for the Protection of Industrial

Property, provide rights for United States nationals with re-

spect to patents and trademarks in such country not less than

the rights specified in such convention;

(5) if the other party to the bilateral agreement is not a

party to the Universal Copyright Convention, provide rights for

United States nationals with respect to copyrights in such

country not less than the rights specified in such convention;

(6) in the case of an agreement entered into or renewed

after the date of the enactment of the Act, provide arrange-

ments for the protection of industrial rights and processes;

(7) provide arrangements for the settlement of commercial

differences and disputes;

(8) in the case of an agreement entered into or renewed

after the date of the enactment of this Act, provide arrange-

ments for the promotion of trade, which may include arrange-

ments for the establishment or expansion of trade and tourist

promotion offices, for facilitation of activities of governmental

commercial officers, participation in trade fairs and exhibits,

and the sending of trade missions, and for facilitation of entry,

establishment, and travel of commercial representatives;

(9) provide for consultations for the purpose of reviewing

the operation of the agreement and relevant aspects of rela-

tions between the United States and the other party; and

(10) provide such other arrangements of a commercial na-

ture as will promote the purpose of this Act.

tion referred to in section 404(a) implementing such agreement,

shall take effect only if a joint resolution described in section

151(b)(3) that approves of the agreement referred to in subsection

(a) is enacted into law.

ø19 U.S.C. 2435¿

SEC. 406. MARKET DISRUPTION.

(a)(1) Upon the filing of a petition by an entity described in

section 202(a), upon request of the President or the United States

Trade Representative, upon resolution of either the Committee on

Ways and Means of the House of Representatives or the Committee

on Finance of the Senate, or on its own motion, the International

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00147 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

148 Sec. 406 TRADE ACT OF 1974

Trade Commission (hereafter in this section referred to as the

‘‘Commission’’) shall promptly make an investigation to determine,

with respect to imports of an article which is the product of a Com-

munist country, whether market disruption exists with respect to

an article produced by a domestic industry.

(2) The provisions of subsections (a)(3), (b)(4), and (c)(4) of sec-

tion 202 shall apply with respect to investigations by the Commis-

sion under paragraph (1).

(3) The Commission shall report to the President its deter-

mination with respect to each investigation under paragraph (1)

and the basis therefor and shall include in each report any dis-

senting or separate views. If the Commission finds, as a result of

its investigation, that market disruption exists with respect to an

article produced by a domestic industry, it shall find the amount

of the increase in, or imposition of, any duty or other import re-

striction on such article which is necessary to prevent or remedy

such market disruption and shall include such finding in its report

to the President. The Commission shall furnish to the President a

transcript of the hearings and any briefs which may have been sub-

mitted in connection with each investigation.

(4) The report of the Commission of its determination with re-

spect to an investigation under paragraph (1) shall be made at the

earliest practicable time, but not later than 3 months after the date

on which the petition is filed (or the date on which the request or

resolution is received or the motion is adopted, as the case may be).

Upon making such report to the President, the Commission shall

also promptly make public such report (with the exception of infor-

mation which the Commission determines to be confidential) and

shall cause a summary thereof to be published in the Federal Reg-

ister.

(b) With respect to any affirmative determination of the Com-

mission under subsection (a)—

(1) such determination shall be treated as an affirmative

determination made under section 201(b) of this Act (as in ef-

fect on the day before the date of the enactment of the Omni-

bus Trade and Competitiveness Act of 1988); and

(2) sections 202 and 203 of this Act (as in effect on the day

before the date of the enactment of such Act of 1988), rather

than the provisions of chapter 1 of title II of this Act as amend-

ed by section 1401 of such Act of 1988, shall apply with respect

to the taking of subsequent action, if any, by the President in

response to such affirmative determination;

except that—

(A) the President may take action under such sections

202 and 203 only with respect to imports from the country

or countries involved of the article with respect to which

the affirmative determination was made; and

(B) if such action consists of, or includes, an orderly

marketing agreement, such agreement shall be entered

into within 60 days after the import relief determination

date.

able grounds to believe, with respect to imports of an article which

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00148 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

149 Sec. 406 TRADE ACT OF 1974

is the product of a Communist country, that market disruption ex-

ists with respect to an article produced by a domestic industry, he

shall request the Commission to initiate an investigation under

subsection (a). If the President further finds that emergency action

is necessary, he may take action under sections 202 and 203 re-

ferred to in subsection (b) as if an affirmative determination of the

Commission had been made under subsection (a). Any action taken

by the President under the preceding sentence shall cease to apply

(1) if a negative determination is made by the Commission under

subsection (a) with respect to imports of such article, on the day

on which the Commission’s report of such determination is sub-

mitted to the President, or (2) if an affirmative determination is

made by the Commission under subsection (a) with respect to im-

ports of such article, on the day on which the action taken by the

President pursuant to such determination becomes effective.

(d)(1) A petition may be filed with the President by an entity

described in section 202(a) requesting the President to initiate con-

sultations provided for by the safeguard arrangements of any

agreement entered into under section 405 with respect to imports

of an article which is the product of the country which is the other

party to such agreement.

(2) If the President determines that there are reasonable

grounds to believe, with respect to imports of such article, that

market disruption exists with respect to an article produced by a

domestic industry, he shall initiate consultations with such country

with respect to such imports.

(e) For purposes of this section—

(1) The term ‘‘Communist country’’ means any country

dominated or controlled by communism.

(2)(A) Market disruption exists within a domestic industry

whenever imports of an article, like or directly competitive

with an article produced by such domestic industry, are in-

creasing rapidly, either absolutely or relatively, so as to be a

significant cause of material injury, or threat thereof, to such

domestic industry.

(B) For purposes of subparagraph (A):

(i) Imports of an article shall be considered to be in-

creasing rapidly if there has been a significant increase in

such imports (either actual or relative to domestic produc-

tion) during a recent period of time.

(ii) The term ‘‘significant cause’’ refers to a cause

which contributes significantly to the material injury of

the domestic industry, but need not be equal to or greater

than any other cause.

ruption exists, shall consider, among other factors—

(i) the volume of imports of the merchandise which is

the subject of the investigation;

(ii) the effect of imports of the merchandise on prices

in the United States for like or directly competitive arti-

cles;

(iii) the impact of imports of such merchandise on do-

mestic producers of like or directly competitive articles;

and

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00149 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

150 Sec. 407 TRADE ACT OF 1974

(iv) evidence of disruptive pricing practices, or other

efforts to unfairly manage trade patterns.

ø19 U.S.C. 2436¿

SEC. 407. PROCEDURE FOR CONGRESSIONAL APPROVAL OR DIS-

APPROVAL OF EXTENSION OF NONDISCRIMINATORY

TREATMENT AND PRESIDENTIAL REPORTS.

(a) Whenever the President issues a proclamation under sec-

tion 404 extending nondiscriminatory treatment to the products of

any foreign country, he shall promptly transmit to the House of

Representatives and to the Senate a document setting forth the

proclamation and the agreement the proclamation proposes to im-

plement, together with his reasons therefor.

(b) The President shall transmit to the House of Representa-

tives and the Senate a document containing the initial report sub-

mitted by him under section 402(b) or 409(b) with respect to a non-

market economy country. On or before December 31 of each year,

the President shall transmit to the House of Representatives and

the Senate, a document containing the report required by section

402(b) or 409(b) as the case may be, to be submitted on or before

such December 31.

(c)(1) In the case of a document referred to in subsection (a),

the proclamation set forth in the document may become effective

and the agreement set forth in the document may enter into force

and effect only if a joint resolution described in section 151(b)(3)

that approves of the extension of nondiscriminatory treatment to

the products of the country concerned is enacted into law.

(2) In the case of a document referred to in subsection (b)

which contains a report submitted by the President under section

402(b) or 409(b) with respect to a nonmarket economy country, if,

before the close of the 90-day period beginning on the day on which

such document is delivered to the House of Representatives and to

the Senate, a joint resolution described in section 152(a)(i)(B) is en-

acted into law that disapproves of the report submitted by the

President with respect to such country, then, beginning with the

day after the end of the 60-day period beginning with the date of

the enactment of such resolution of disapproval, (A) nondiscrim-

inatory treatment shall not be in force with respect to the products

of such country, and the products of such country shall be dutiable

at the rates set forth in rate column numbered 2 of the Har-

monized Tariff Schedule of the United States, (B) such country may

not participate in any program of the Government of the United

States which extends credit or credit guarantees or investment

guarantees, and (C) no commercial agreement may thereafter be

concluded with such country under this title. If the President ve-

toes the joint resolution, the joint resolution shall be treated as en-

acted into law before the end of the 90-day period under this para-

graph if both Houses of Congress vote to override such veto on or

before the later of the last day of such 90-day period or the last

day of the 15-day period (excluding any day described in section

154(b)) beginning on the date the Congress receives the veto mes-

sage from the President.

ø19 U.S.C. 2437¿

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00150 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

151 Sec. 409 TRADE ACT OF 1974

SEC. 408. PAYMENT BY CZECHOSLOVAKIA OF AMOUNTS OWED UNITED

STATES CITIZENS AND NATIONALS.

(a) The arrangement initialed on July 5, 1974, with respect to

the settlement of the claims of citizens and nationals of the United

States against the Government of Czechoslovakia shall be renegoti-

ated and shall be submitted to the Congress as part of any agree-

ment entered into under this title with Czechoslovakia.

(b) The United States shall not release any gold belonging to

Czechoslovakia and controlled directly or indirectly by the United

States pursuant to the provisions of the Paris Reparations Agree-

ment of January 24, 1946, or otherwise, until such agreement has

been approved by the Congress.

ø19 U.S.C. 2438¿

SEC. 409. FREEDOM TO EMIGRATE TO JOIN A VERY CLOSE RELATIVE

IN THE UNITED STATES.

(a) To assure the continued dedication of the United States to

the fundamental human rights and welfare of its own citizens, and

notwithstanding any other provision of law, on or after the date of

the enactment of this Act, no nonmarket economy country shall

participate in any program of the Government of the United States

which extends credits or credit guarantees or investment guaran-

tees, directly or indirectly, and the President of the United States

shall not conclude any commercial agreement with any such coun-

try, during the period beginning with the date on which the Presi-

dent determines that such country—

(1) denies its citizens the right or opportunity to join per-

manently through emigration, a very close relative in the

United States, such as a spouse, parent, child, brother, or sis-

ter;

(2) imposes more than a nominal tax on the visas or other

documents required for emigration described in paragraph (1);

(3) imposes more than a nominal tax, levy, fine, fee, or

other charge on any citizen as a consequence of the desire of

such citizen to emigrate as described in paragraph (1),

and ending on the date on which the President determines that

such country is no longer in violation of paragraph (1), (2), or (3).

(b) After the date of the enactment of this Act, (A) a nonmarket

economy country may participate in any program of the Govern-

ment of the United States which extends credits or credit guaran-

tees or investment guarantees, and (B) the President may conclude

a commercial agreement with such country, only after the Presi-

dent has submitted to the Congress a report indicating that such

country is not in violation of paragraph (1), (2), or (3) of subsection

(a). Such report with respect to such country shall include informa-

tion as to the nature and implementation of its laws and policies

and restrictions or discrimination applied to or against persons

wishing to emigrate to the United States to join close relatives. The

report required by this subsection shall be submitted initially as

provided herein and, with current information, on or before each

June 30 and December 31 thereafter, so long as such credits or

guarantees are extended or such agreement is in effect.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00151 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

152 Sec. 421 TRADE ACT OF 1974

which are eligible for the rates set forth in rate column numbered

1 of the Tariff Schedules of the United States on the date of enact-

ment of this Act.

(d) During any period that a waiver is in effect with respect

to any nonmarket economy country under section 402(c), the provi-

sions of subsections (a) and (b) shall not apply with respect to such

country.

ø19 U.S.C. 2439¿

øSEC. 410 Repealed by Public Law 104–295, section 17, 110

Stat. 3524.¿

øSEC. 411 Repealed by Public Law 105–362, section 1401(b)(2),

112 Stat. 3294.¿

CHAPTER 2—RELIEF FROM MARKET DISRUP-

TION TO INDUSTRIES AND DIVERSION OF

TRADE TO THE UNITED STATES MARKET

SEC. 421. ACTION TO ADDRESS MARKET DISRUPTION.

(a) P

RESIDENTIAL

CTION

.—If a product of the People’s Repub-

lic of China is being imported into the United States in such in-

creased quantities or under such conditions as to cause or threaten

to cause market disruption to the domestic producers of a like or

directly competitive product, the President shall, in accordance

with the provisions of this section, proclaim increased duties or

other import restrictions with respect to such product, to the extent

and for such period as the President considers necessary to prevent

or remedy the market disruption.

(b) I

NITIATION OF AN

NVESTIGATION

.—(1) Upon the filing of a

petition by an entity described in section 202(a) of the Trade Act

of 1974 (19 U.S.C. 2252(a)), upon the request of the President or

the United States Trade Representative (in this chapter referred to

as the ‘‘Trade Representative’’), upon resolution of either the Com-

mittee on Ways and Means of the House of Representatives, or the

Committee on Finance of the Senate (in this chapter referred to as

the ‘‘Committees’’) or on its own motion, the United States Inter-

national Trade Commission (in this chapter referred to as the

‘‘Commission’’) shall promptly make an investigation to determine

whether products of the People’s Republic of China are being im-

ported into the United States in such increased quantities or under

such conditions as to cause or threaten to cause market disruption

to the domestic producers of like or directly competitive products.

(2) The limitations on investigations set forth in section

202(h)(1) of the Trade Act of 1974 (19 U.S.C. 2252(h)(1)) shall apply

to investigations conducted under this section.

(3) The provisions of subsections (a)(8) and (i) of section 202 of

the Trade Act of 1974 (19 U.S.C. 2252(a)(8) and (i)), relating to

treatment of confidential business information, shall apply to inves-

tigations conducted under this section.

(4) Whenever a petition is filed, or a request or resolution is

received, under this subsection, the Commission shall transmit a

copy thereof to the President, the Trade Representative, the Com-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00152 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

153 Sec. 421 TRADE ACT OF 1974

mittee on Ways and Means of the House of Representatives, and

the Committee on Finance of the Senate, except that in the case

of confidential business information, the copy may include only

nonconfidential summaries of such information.

(5) The Commission shall publish notice of the commencement

of any proceeding under this subsection in the Federal Register and

shall, within a reasonable time thereafter, hold public hearings at

which the Commission shall afford interested parties an oppor-

tunity to be present, to present evidence, to respond to the presen-

tations of other parties, and otherwise to be heard.

ARKET

ISRUPTION

.—(1) For purposes of this section, mar-

ket disruption exists whenever imports of an article like or directly

competitive with an article produced by a domestic industry are in-

creasing rapidly, either absolutely or relatively, so as to be a sig-

nificant cause of material injury, or threat of material injury, to the

domestic industry.

(2) For purposes of paragraph (1), the term ‘‘significant cause’’

refers to a cause which contributes significantly to the material in-

jury of the domestic industry, but need not be equal to or greater

than any other cause.

(d) F

ACTORS IN

ETERMINATION

.—In determining whether mar-

ket disruption exists, the Commission shall consider objective fac-

tors, including—

(1) the volume of imports of the product which is the sub-

ject of the investigation;

(2) the effect of imports of such product on prices in the

United States for like or directly competitive articles; and

(3) the effect of imports of such product on the domestic in-

dustry producing like or directly competitive articles.

The presence or absence of any factor under paragraph (1), (2), or

(3) is not necessarily dispositive of whether market disruption ex-

ists.

(e) T

IME FOR

OMMISSION

ETERMINATIONS

.—The Commission

shall make and transmit to the President and the Trade Represent-

ative its determination under subsection (b)(1) at the earliest prac-

ticable time, but in no case later than 60 days (or 90 days in the

case of a petition requesting relief under subsection (i)) after the

date on which the petition is filed, the request or resolution is re-

ceived, or the motion is adopted, under subsection (b). If the Com-

missioners voting are equally divided with respect to its determina-

tion, then the determination agreed upon by either group of Com-

missioners may be considered by the President and the Trade Rep-

resentative as the determination of the Commission.

(f) R

ECOMMENDATIONS OF

OMMISSION ON

ROPOSED

EDIES

.—If the Commission makes an affirmative determination

under subsection (b), or a determination which the President or the

Trade Representative may consider as affirmative under subsection

(e), the Commission shall propose the amount of increase in, or im-

position of, any duty or other import restrictions necessary to pre-

vent or remedy the market disruption. Only those members of the

Commission who agreed to the affirmative determination under

subsection (b) are eligible to vote on the proposed action to prevent

or remedy market disruption. Members of the Commission who did

not agree to the affirmative determination may submit, in the re-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00153 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

154 Sec. 421 TRADE ACT OF 1974

port required under subsection (g), separate views regarding what

action, if any, should be taken to prevent or remedy market disrup-

tion.

(g) R

EPORT BY

OMMISSION

.—(1) Not later than 20 days after

a determination under subsection (b) is made, the Commission

shall submit a report to the President and the Trade Representa-

tive.

(2) The Commission shall include in the report required under

paragraph (1) the following:

(A) The determination made under subsection (b) and an

explanation of the basis for the determination.

(B) If the determination under subsection (b) is affirma-

tive, or may be considered by the President or the Trade Rep-

resentative as affirmative under subsection (e), the rec-

ommendations of the Commission on proposed remedies under

subsection (f) and an explanation of the basis for each rec-

ommendation.

Commission regarding the determination and any rec-

ommendation referred to in subparagraphs (A) and (B).

(D) A description of—

(i) the short- and long-term effects that implementa-

tion of the action recommended under subsection (f) is like-

ly to have on the petitioning domestic industry, on other

domestic industries, and on consumers; and

(ii) the short- and long-term effects of not taking the

recommended action on the petitioning domestic industry,

its workers, and the communities where production facili-

ties of such industry are located, and on other domestic in-

dustries.

(3) The Commission, after submitting a report to the President

under paragraph (1), shall promptly make it available to the public

(but shall not include confidential business information) and cause

a summary thereof to be published in the Federal Register.

(h) O

PPORTUNITY

RESENT

IEWS AND

VIDENCE ON

POSED

EASURE AND

ECOMMENDATION TO THE

RESIDENT

.—(1)

Within 20 days after receipt of the Commission’s report under sub-

section (g) (or 15 days in the case of an affirmative preliminary de-

termination under subsection (i)(1)(B)), the Trade Representative

shall publish in the Federal Register notice of any measure pro-

posed by the Trade Representative to be taken pursuant to sub-

section (a) and of the opportunity, including a public hearing, if re-

quested, for importers, exporters, and other interested parties to

submit their views and evidence on the appropriateness of the pro-

posed measure and whether it would be in the public interest.

(2) Within 55 days after receipt of the report under subsection

(g) (or 35 days in the case of an affirmative preliminary determina-

tion under subsection (i)(1)(B)), the Trade Representative, taking

into account the views and evidence received under paragraph (1)

on the measure proposed by the Trade Representative, shall make

a recommendation to the President concerning what action, if any,

to take to prevent or remedy the market disruption.

(i) C

RITICAL

IRCUMSTANCES

.—(1) When a petition filed under

subsection (b) alleges that critical circumstances exist and requests

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00154 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

155 Sec. 421 TRADE ACT OF 1974

that provisional relief be provided under this subsection with re-

spect to the product identified in the petition, the Commission

shall, not later than 45 days after the petition containing the re-

quest is filed—

(A) determine whether delay in taking action under this

section would cause damage to the relevant domestic industry

which would be difficult to repair; and

(B) if the determination under subparagraph (A) is affirm-

ative, make a preliminary determination of whether imports of

the product which is the subject of the investigation have

caused or threatened to cause market disruption.

If the Commissioners voting are equally divided with respect to ei-

ther of its determinations, then the determination agreed upon by

either group of Commissioners may be considered by the President

and the Trade Representative as the determination of the Commis-

sion.

(2) On the date on which the Commission completes its deter-

minations under paragraph (1), the Commission shall transmit a

report on the determinations to the President and the Trade Rep-

resentative, including the reasons for its determinations. If the de-

terminations under paragraph (1) are affirmative, or may be con-

sidered by the President or the Trade Representative as affirmative

under paragraph (1), the Commission shall include in its report its

recommendations on proposed provisional measures to be taken to

prevent or remedy the market disruption. Only those members of

the Commission who agreed to the affirmative determinations

under paragraph (1) are eligible to vote on the proposed provisional

measures to prevent or remedy market disruption. Members of the

Commission who did not agree to the affirmative determinations

may submit, in the report, dissenting or separate views regarding

the determination and any recommendation of provisional meas-

ures referred to in this paragraph.

(3) If the determinations under paragraph (1) are affirmative,

or may be considered by the President or the Trade Representative

as affirmative under paragraph (1), the Trade Representative shall,

within 10 days after receipt of the Commission’s report, determine

the amount or extent of provisional relief that is necessary to pre-

vent or remedy the market disruption and shall provide a rec-

ommendation to the President on what provisional measures, if

any, to take.

(4)(A) The President shall determine whether to provide provi-

sional relief and proclaim such relief, if any, within 10 days after

receipt of the recommendation from the Trade Representative.

(B) Such relief may take the form of—

(i) the imposition of or increase in any duty;

(ii) any modification, or imposition of any quantitative re-

striction on the importation of an article into the United

States; or

(iii) any combination of actions under clauses (i) and (ii).

ant to a determination of critical circumstances shall remain in ef-

fect not more than 200 days.

(D) Provisional relief shall cease to apply upon the effective

date of relief proclaimed under subsection (a), upon a decision by

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00155 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

156 Sec. 421 TRADE ACT OF 1974

the President not to provide such relief, or upon a negative deter-

mination by the Commission under subsection (b).

(j) A

GREEMENTS

ITH THE

EOPLE

’

EPUBLIC OF

HINA

.—(1)

The Trade Representative is authorized to enter into agreements

for the People’s Republic of China to take such action as necessary

to prevent or remedy market disruption, and should seek to con-

clude such agreements before the expiration of the 60-day consulta-

tion period provided for under the product-specific safeguard provi-

sion of the Protocol of Accession of the People’s Republic of China

to the WTO, which shall commence not later than 5 days after the

Trade Representative receives an affirmative determination pro-

vided for in subsection (e) or a determination which the Trade Rep-

resentative considers to be an affirmative determination pursuant

to subsection (e).

(2) If no agreement is reached with the People’s Republic of

China pursuant to consultations under paragraph (1), or if the

President determines than an agreement reached pursuant to such

consultations is not preventing or remedying the market disruption

at issue, the President shall provide import relief in accordance

with subsection (a).

(k) S

TANDARD FOR

RESIDENTIAL

CTION

.—(1) Within 15 days

after receipt of a recommendation from the Trade Representative

under subsection (h) on the appropriate action, if any, to take to

prevent or remedy the market disruption, the President shall pro-

vide import relief for such industry pursuant to subsection (a), un-

less the President determines that provision of such relief is not in

the national economic interest of the United States or, in extraor-

dinary cases, that the taking of action pursuant to subsection (a)

would cause serious harm to the national security of the United

States.

(2) The President may determine under paragraph (1) that pro-

viding import relief is not in the national economic interest of the

United States only if the President finds that the taking of such

action would have an adverse impact on the United States economy

clearly greater than the benefits of such action.

(l) P

UBLICATION OF

ECISION AND

EPORTS

.—(1) The Presi-

dent’s decision, including the reasons therefor and the scope and

duration of any action taken, shall be published in the Federal

(2) The Commission shall promptly make public any report

transmitted under this section, but shall not make public any infor-

mation which the Commission determines to be confidential, and

shall publish notice of such report in the Federal Register.

(m) E

FFECTIVE

ATE OF

ELIEF

.—Import relief under this sec-

tion shall take effect not later than 15 days after the President’s

determination to provide such relief.

(n) M

ODIFICATIONS OF

ELIEF

.—(1) At any time after the end

of the 6-month period beginning on the date on which relief under

subsection (m) first takes effect, the President may request that the

Commission provide a report on the probable effect of the modifica-

tion, reduction, or termination of the relief provided on the relevant

industry. The Commission shall transmit such report to the Presi-

dent within 60 days of the request.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00156 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

157 Sec. 422 TRADE ACT OF 1974

(2) The President may, after receiving a report from the Com-

mission under paragraph (1), take such action to modify, reduce, or

terminate relief that the President determines is necessary to con-

tinue to prevent or remedy the market disruption at issue.

(3) Upon the granting of relief under subsection (k), the Com-

mission shall collect such data as is necessary to allow it to re-

spond rapidly to a request by the President under paragraph (1).

(o) E

XTENSION OF

CTION

.—(1) Upon request of the President,

or upon petition on behalf of the industry concerned filed with the

Commission not earlier than the date which is 9 months, and not

later than the date which is 6 months, before the date any relief

provided under subsection (k) is to terminate, the Commission shall

investigate to determine whether action under this section con-

tinues to be necessary to prevent or remedy market disruption.

(2) The Commission shall publish notice of the commencement

of any proceeding under this subsection in the Federal Register and

shall, within a reasonable time thereafter, hold a public hearing at

which the Commission shall afford interested parties and con-

sumers an opportunity to be present, to present evidence, and to

respond to the presentations of other parties and consumers, and

otherwise to be heard.

(3) The Commission shall transmit to the President a report on

its investigation and determination under this subsection not later

than 60 days before the action under subsection (m) is to termi-

nate.

(4) The President, after receiving an affirmative determination

from the Commission under paragraph (3), may extend the effec-

tive period of any action under this section if the President deter-

mines that the action continues to be necessary to prevent or rem-

edy the market disruption.

ø19 U.S.C. 2451¿

SEC. 422. ACTION IN RESPONSE TO TRADE DIVERSION.

(a) M

ONITORING BY

USTOMS

ERVICE

.—In any case in which

a WTO member other than the United States requests consulta-

tions with the People’s Republic of China under the product-specific

safeguard provision of the Protocol of Accession of the People’s Re-

public of China to the World Trade Organization, the Trade Rep-

resentative shall inform the United States Customs Service, which

shall monitor imports into the United States of those products of

Chinese origin that are the subject of the consultation request.

Data from such monitoring shall promptly be made available to the

Commission upon request by the Commission.

(b) I

NITIATION OF

NVESTIGATION

.—(1) Upon the filing of a peti-

tion by an entity described in section 202(a) of the Trade Act of

1974, upon the request of the President or the Trade Representa-

tive, upon resolution of either of the Committees, or on its own mo-

tion, the Commission shall promptly make an investigation to de-

termine whether an action described in subsection (c) has caused,

or threatens to cause, a significant diversion of trade into the do-

mestic market of the United States.

(2) The Commission shall publish notice of the commencement

of any proceeding under this subsection in the Federal Register and

shall, within a reasonable time thereafter, hold public hearings at

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00157 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

158 Sec. 422 TRADE ACT OF 1974

which the Commission shall afford interested parties an oppor-

tunity to be present, to present evidence, to respond to the presen-

tations of other parties, and otherwise to be heard.

(3) The provisions of subsections (a)(8) and (i) of section 202 of

the Trade Act of 1974 (19 U.S.C. 2252(a)(8) and (i)), relating to

treatment of confidential business information, shall apply to inves-

tigations conducted under this section.

CTIONS

ESCRIBED

.—An action is described in this sub-

section if it is an action—

(1) by the People’s Republic of China to prevent or remedy

market disruption in a WTO member other than the United

States;

(2) by a WTO member other than the United States to

withdraw concessions under the WTO Agreement or otherwise

to limit imports to prevent or remedy market disruption;

(3) by a WTO member other than the United States to

apply a provisional safeguard within the meaning of the prod-

uct-specific safeguard provision of the Protocol of Accession of

the People’s Republic of China to the WTO; or

(4) any combination of actions described in paragraphs (1)

through (3).

(d) B

ASIS FOR

ETERMINATION OF

IGNIFICANT

IVERSION

.—(1)

In determining whether significant diversion or the threat thereof

exists for purposes of this section, the Commission shall take into

account, to the extent such evidence is reasonably available—

(A) the monitoring conducted under subsection (a);

(B) the actual or imminent increase in United States mar-

ket share held by such imports from the People’s Republic of

China;

ports into the United States;

(D) the nature and extent of the action taken or proposed

by the WTO member concerned;

(E) the extent of exports from the People’s Republic of

China to that WTO member and to the United States;

(F) the actual or imminent changes in exports to that WTO

member due to the action taken or proposed;

(G) the actual or imminent diversion of exports from the

People’s Republic of China to countries other than the United

States;

(H) cyclical or seasonal trends in import volumes into the

United States of the products at issue; and

(I) conditions of demand and supply in the United States

market for the products at issue.

The presence or absence of any factor under any of subparagraphs

(A) through (I) is not necessarily dispositive of whether a signifi-

cant diversion of trade or the threat thereof exists.

(2) For purposes of making its determination, the Commission

shall examine changes in imports into the United States from the

People’s Republic of China since the time that the WTO member

commenced the investigation that led to a request for consultations

described in subsection (a).

(3) If more than one action by a WTO member or WTO mem-

bers against a particular product is identified in the petition, re-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00158 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

159 Sec. 422 TRADE ACT OF 1974

quest, or resolution under subsection (b) or during the investiga-

tion, the Commission may cumulatively assess the actual or likely

effects of such actions jointly in determining whether a significant

diversion of trade or threat thereof exists.

(e) C

OMMISSION

ETERMINATION

; A

GREEMENT

UTHORITY

.—(1)

The Commission shall make and transmit to the President and the

Trade Representative its determination under subsection (b) at the

earliest practicable time, but in no case later than 45 days after the

date on which the petition is filed, the request or resolution is re-

ceived, or the motion is adopted, under subsection (b). If the Com-

missioners voting are equally divided with respect to its determina-

tion, then the determination agreed upon by either group of Com-

missioners may be considered by the President and the Trade Rep-

resentative as the determination of the Commission.

(2) The Trade Representative is authorized to enter into agree-

ments with the People’s Republic of China or the other WTO mem-

bers concerned to take such action as necessary to prevent or rem-

edy significant trade diversion or threat thereof into the domestic

market of the United States, and should seek to conclude such

agreements before the expiration of the 60-day consultation period

provided for under the product-specific safeguard provision of the

Protocol of Accession of the People’s Republic of China to the WTO,

which shall commence not later than 5 days after the Trade Rep-

resentative receives an affirmative determination provided for in

paragraph (1) or a determination which the Trade Representative

considers to be an affirmative determination pursuant to para-

graph (1).

(3) R

EPORT BY

OMMISSION

.—

(A) Not later than 10 days after a determination under

subsection (b), is made, the Commission shall transmit a report

to the President and the Trade Representative.

(B) The Commission shall include in the report required

under subparagraph (A) the following:

(i) The determination made under subsection (b) and

an explanation of the basis for the determination.

(ii) If the determination under subsection (b) is affirm-

ative, or may be considered by the President or the Trade

Representative as affirmative under subsection (e)(1), the

recommendations of the Commission on increased tariffs or

other import restrictions to be imposed to prevent or rem-

edy the trade diversion or threat thereof, and explanations

of the bases for such recommendations. Only those mem-

bers of the Commission who agreed to the affirmative de-

termination under subsection (b) are eligible to vote on the

proposed action to prevent or remedy the trade diversion

or threat thereof.

(iii) Any dissenting or separate views by members of

the Commission regarding the determination and any rec-

ommendation referred to in clauses (i) and (ii).

(iv) A description of—

(I) the short- and long-term effects that implemen-

tation of the action recommended under clause (ii) is

likely to have on the petitioning domestic industry, on

other domestic industries, and on consumers; and

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00159 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

160 Sec. 423 TRADE ACT OF 1974

(II) the short- and long-term effects of not taking

the recommended action on the petitioning domestic

industry, its workers and the communities where pro-

duction facilities of such industry are located, and on

other domestic industries.

President under subparagraph (A), shall promptly make it

available to the public (with the exception of confidential busi-

ness information) and cause a summary thereof to be published

in the Federal Register.

(f) P

UBLIC

OMMENT

.—If consultations fail to lead to an agree-

ment with the People’s Republic of China or the WTO member con-

cerned within 60 days, the Trade Representative shall promptly

publish notice in the Federal Register of any proposed action to

prevent or remedy the trade diversion, and provide an opportunity

for interested persons to present views and evidence on whether

the proposed action is in the public interest.

(g) R

ECOMMENDATION TO THE

RESIDENT

.—Within 20 days

after the end of consultations pursuant to subsection (e), the Trade

Representative shall make a recommendation to the President on

what action, if any, should be taken to prevent or remedy the trade

diversion or threat thereof.

(h) P

RESIDENTIAL

CTION

.—Within 20 days after receipt of the

recommendation from the Trade Representative, the President

shall determine what action to take to prevent or remedy the trade

diversion or threat thereof.

(i) D

URATION OF

CTION

.—Action taken under subsection (h)

shall be terminated not later than 30 days after expiration of the

action taken by the WTO member or members involved against im-

ports from the People’s Republic of China.

(j) R

EVIEW OF

IRCUMSTANCES

.—The Commission shall review

the continued need for action taken under subsection (h) if the

WTO member or members involved notify the Committee on Safe-

guards of the WTO of any modification in the action taken by them

against the People’s Republic of China pursuant to consultation re-

ferred to in subsection (a). The Commission shall, not later than 60

days after such notification, determine whether a significant diver-

sion of trade continues to exist and report its determination to the

President. The President shall determine, within 15 days after re-

ceiving the Commission’s report, whether to modify, withdraw, or

keep in place the action taken under subsection (h).

ø19 U.S.C. 2451a¿

SEC. 423. REGULATIONS; TERMINATION OF PROVISION.

(a) T

ARRY

ESTRICTIONS AND

ONITORING

.—The Presi-

dent shall by regulation provide for the efficient and fair adminis-

tration of any restriction proclaimed pursuant to the subtitle and

to provide for effective monitoring of imports under section 422(a).

(b) T

ARRY

GREEMENTS

.—To carry out an agreement

concluded pursuant to consultations under section 421(j) or

422(e)(2), the President is authorized to prescribe regulations gov-

erning the entry or withdrawal from warehouse of articles covered

by such agreement.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00160 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

161 Sec. 502 TRADE ACT OF 1974

ERMINATION

ATE

.—This subtitle and any regulations

issued under this subtitle shall cease to be effective 12 years after

the date of entry into force of the Protocol of Accession of the Peo-

ple’s Republic of China to the WTO.

ø19 U.S.C. 2451b¿

TITLE V—GENERALIZED SYSTEM OF

PREFERENCES

SEC. 501. AUTHORITY TO EXTEND PREFERENCES.

The President may provide duty-free treatment for any eligible

article from any beneficiary developing country in accordance with

the provisions of this title. In taking any such action, the President

shall have due regard for—

(1) the effect such action will have on furthering the eco-

nomic development of developing countries through the expan-

sion of their exports;

(2) the extent to which other major developed countries are

undertaking a comparable effort to assist developing countries

by granting generalized preferences with respect to imports of

products of such countries;

(3) the anticipated impact of such action on United States

producers of like or directly competitive products; and

(4) the extent of the beneficiary developing country’s com-

petitiveness with respect to eligible articles.

ø19 U.S.C. 2461¿

SEC. 502. DESIGNATION OF BENEFICIARY DEVELOPING COUNTRIES.

(a) A

UTHORITY

ESIGNATE

OUNTRIES

.—

(1) B

ENEFICIARY DEVELOPING COUNTRIES

.—The President

is authorized to designate countries as beneficiary developing

countries for purposes of this title.

(2) L

EAST

DEVELOPED BENEFICIARY DEVELOPING COUN

TRIES

.—The President is authorized to designate any bene-

ficiary developing country as a least-developed beneficiary de-

veloping country for purposes of this title, based on the consid-

erations in section 501 and subsection (c) of this section.

(b) C

OUNTRIES

NELIGIBLE FOR

ESIGNATION

.—

(1) S

PECIFIC COUNTRIES

.—The following countries may not

be designated as beneficiary developing countries for purposes

of this title:

(A) Australia.

(B) Canada.

(D) Iceland.

(E) Japan.

(F) Monaco.

(G) New Zealand.

(H) Norway.

(I) Switzerland.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00161 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

162 Sec. 502 TRADE ACT OF 1974

(2) O

THER BASES FOR INELIGIBILITY

.—The President shall

not designate any country a beneficiary developing country

under this title if any of the following applies:

(A) Such country is a Communist country, unless—

(i) the products of such country receive non-

discriminatory treatment,

(ii) such country is a WTO Member (as such term

is defined in section 2(10) of the Uruguay Round

Agreements Act) (19 U.S.C. 3501(10)) and a member of

the International Monetary Fund, and

(iii) such country is not dominated or controlled by

international communism.

(B) Such country is a party to an arrangement of coun-

tries and participates in any action pursuant to such ar-

rangement, the effect of which is—

(i) to withhold supplies of vital commodity re-

sources from international trade or to raise the price

of such commodities to an unreasonable level, and

(ii) to cause serious disruption of the world econ-

omy.

products of a developed country, other than the United

States, which has, or is likely to have, a significant ad-

verse effect on United States commerce.

(D)(i) Such country—

(I) has nationalized, expropriated, or otherwise

seized ownership or control of property, including

patents, trademarks, or copyrights, owned by a United

States citizen or by a corporation, partnership, or asso-

ciation which is 50 percent or more beneficially owned

by United States citizens,

(II) has taken steps to repudiate or nullify an ex-

isting contract or agreement with a United States cit-

izen or a corporation, partnership, or association

which is 50 percent or more beneficially owned by

United States citizens, the effect of which is to nation-

alize, expropriate, or otherwise seize ownership or con-

trol of property, including patents, trademarks, or

copyrights, so owned, or

(III) has imposed or enforced taxes or other

exactions, restrictive maintenance or operational con-

ditions, or other measures with respect to property, in-

cluding patents, trademarks, or copyrights, so owned,

the effect of which is to nationalize, expropriate, or

otherwise seize ownership or control of such property,

unless clause (ii) applies.

(ii) This clause applies if the President determines

that—

(I) prompt, adequate, and effective compensation

has been or is being made to the citizen, corporation,

partnership, or association referred to in clause (i),

(II) good faith negotiations to provide prompt, ade-

quate, and effective compensation under the applicable

provisions of international law are in progress, or the

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00162 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

163 Sec. 502 TRADE ACT OF 1974

country described in clause (i) is otherwise taking

steps to discharge its obligations under international

law with respect to such citizen, corporation, partner-

ship, or association, or

(III) a dispute involving such citizen, corporation,

partnership, or association over compensation for such

a seizure has been submitted to arbitration under the

provisions of the Convention for the Settlement of In-

vestment Disputes, or in another mutually agreed

upon forum,

and the President promptly furnishes a copy of such deter-

mination to the Senate and House of Representatives.

(E) Such country fails to act in good faith in recog-

nizing as binding or in enforcing arbitral awards in favor

of United States citizens or a corporation, partnership, or

association which is 50 percent or more beneficially owned

by United States citizens, which have been made by arbi-

trators appointed for each case or by permanent arbitral

bodies to which the parties involved have submitted their

dispute.

(F) Such country aids or abets, by granting sanctuary

from prosecution to, any individual or group which has

committed an act of international terrorism or the Sec-

retary of State makes a determination with respect to such

country under section 6(j)(1)(A) of the Export Administra-

tion Act of 1979 or such country has not taken steps to

support the efforts of the United States to combat ter-

rorism.

(G) Such country has not taken or is not taking steps

to afford internationally recognized worker rights to work-

ers in the country (including any designated zone in that

country).

(H) Such country has not implemented its commit-

ments to eliminate the worst forms of child labor.

Subparagraphs (D), (E), (F), (G), and (H) (to the extent de-

scribed in section 507(6)(D)) shall not prevent the designation

of any country as a beneficiary developing country under this

title if the President determines that such designation will be

in the national economic interest of the United States and re-

ports such determination to the Congress with the reasons

therefor.

ACTORS

FFECTING

OUNTRY

ESIGNATION

.—In deter-

mining whether to designate any country as a beneficiary devel-

oping country under this title, the President shall take into ac-

count—

(1) an expression by such country of its desire to be so des-

ignated;

(2) the level of economic development of such country, in-

cluding its per capita gross national product, the living stand-

ards of its inhabitants, and any other economic factors which

the President deems appropriate;

(3) whether or not other major developed countries are ex-

tending generalized preferential tariff treatment to such coun-

try;

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00163 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

164 Sec. 502 TRADE ACT OF 1974

(4) the extent to which such country has assured the

United States that it will provide equitable and reasonable ac-

cess to the markets and basic commodity resources of such

country and the extent to which such country has assured the

United States that it will refrain from engaging in unreason-

able export practices;

(5) the extent to which such country is providing adequate

and effective protection of intellectual property rights;

(6) the extent to which such country has taken

action to—

(A) reduce trade distorting investment practices and

policies (including export performance requirements); and

(B) reduce or eliminate barriers to trade in services;

and

(7) whether or not such country has taken or is taking

steps to afford to workers in that country (including any des-

ignated zone in that country) internationally recognized worker

rights.

(d) W

ITHDRAWAL

, S

USPENSION

IMITATION OF

OUNTRY

ESIGNATION

.—

(1) I

N GENERAL

.—The President may withdraw, suspend,

or limit the application of the duty-free treatment accorded

under this title with respect to any country. In taking any ac-

tion under this subsection, the President shall consider the fac-

tors set forth in section 501 and subsection (c) of this section.

(2) C

HANGED CIRCUMSTANCES

.—The President shall, after

complying with the requirements of subsection (f)(2), withdraw

or suspend the designation of any country as a beneficiary de-

veloping country if, after such designation, the President deter-

mines that as the result of changed circumstances such coun-

try would be barred from designation as a beneficiary devel-

oping country under subsection (b)(2). Such country shall cease

to be a beneficiary developing country on the day on which the

President issues an Executive order or Presidential proclama-

tion revoking the designation of such country under this title.

(3) A

DVICE TO CONGRESS

.—The President shall, as nec-

essary, advise the Congress on the application of section 501

and subsection (c) of this section, and the actions the President

has taken to withdraw, to suspend, or to limit the application

of duty-free treatment with respect to any country which has

failed to adequately take the actions described in subsection

(c).

(e) M

ANDATORY

RADUATION OF

ENEFICIARY

EVELOPING

OUNTRIES

.—If the President determines that a beneficiary devel-

oping country has become a ‘‘high income’’ country, as defined by

the official statistics of the International Bank for Reconstruction

and Development, then the President shall terminate the designa-

tion of such country as a beneficiary developing country for pur-

poses of this title, effective on January 1 of the second year fol-

lowing the year in which such determination is made.

(f) C

ONGRESSIONAL

OTIFICATION

.—

(1) N

OTIFICATION OF DESIGNATION

.—

(A) I

N GENERAL

.—Before the President designates any

country as a beneficiary developing country under this

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00164 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

165 Sec. 503 TRADE ACT OF 1974

title, the President shall notify the Congress of the Presi-

dent’s intention to make such designation, together with

the considerations entering into such decision.

(B) D

ESIGNATION AS LEAST

DEVELOPED BENEFICIARY

DEVELOPING COUNTRY

.—At least 60 days before the Presi-

dent designates any country as a least-developed bene-

ficiary developing country, the President shall notify the

Congress of the President’s intention to make such des-

ignation.

(2) N

OTIFICATION OF TERMINATION

.—If the President has

designated any country as a beneficiary developing country

under this title, the President shall not terminate such des-

ignation unless, at least 60 days before such termination, the

President has notified the Congress and has notified such

country of the President’s intention to terminate such designa-

tion, together with the considerations entering into such deci-

sion.

ø19 U.S.C. 2462¿

SEC. 503. DESIGNATION OF ELIGIBLE ARTICLES.

(a) E

LIGIBLE

RTICLES

.—

(1) D

ESIGNATION

.—

(A) I

N GENERAL

.—Except as provided in subsection (b),

the President is authorized to designate articles as eligible

articles from all beneficiary developing countries for pur-

poses of this title by Executive order or Presidential proc-

lamation after receiving the advice of the International

Trade Commission in accordance with subsection (e).

(B) L

EAST

DEVELOPED BENEFICIARY DEVELOPING COUN

TRIES

.—Except for articles described in subparagraphs (A),

(B), and (E) of subsection (b)(1) and articles described in

paragraphs (2) and (3) of subsection (b), the President

may, in carrying out section 502(d)(1) and subsection (c)(1)

of this section, designate articles as eligible articles only

for countries designated as least-developed beneficiary de-

veloping countries under section 502(a)(2) if, after receiv-

ing the advice of the International Trade Commission in

accordance with subsection (e) of this section, the Presi-

dent determines that such articles are not import-sensitive

in the context of imports from least-developed beneficiary

developing countries.

HREE

YEAR RULE

.—If, after receiving the advice of

the International Trade Commission under subsection (e),

an article has been formally considered for designation as

an eligible article under this title and denied such designa-

tion, such article may not be reconsidered for such des-

ignation for a period of 3 years after such denial.

(2) R

ULE OF ORIGIN

.—

(A) G

ENERAL RULE

.—The duty-free treatment provided

under this title shall apply to any eligible article which is

the growth, product, or manufacture of a beneficiary devel-

oping country if—

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00165 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

166 Sec. 503 TRADE ACT OF 1974

(i) that article is imported directly from a bene-

ficiary developing country into the customs territory of

the United States; and

(ii) the sum of—

(I) the cost or value of the materials produced

in the beneficiary developing country or any two

or more such countries that are members of the

same association of countries and are treated as

one country under section 507(2), plus

(II) the direct costs of processing operations

performed in such beneficiary developing country

or such member countries,

is not less than 35 percent of the appraised value of

such article at the time it is entered.

(B) E

XCLUSIONS

.—An article shall not be treated as

the growth, product, or manufacture of a beneficiary devel-

oping country by virtue of having merely undergone—

(i) simple combining or packaging operations, or

(ii) mere dilution with water or mere dilution with

another substance that does not materially alter the

characteristics of the article.

(3) R

EGULATIONS

.—The Secretary of the Treasury, after

consulting with the United States Trade Representative, shall

prescribe such regulations as may be necessary to carry out

paragraph (2), including, but not limited to, regulations pro-

viding that, in order to be eligible for duty-free treatment

under this title, an article—

(A) must be wholly the growth, product, or manufac-

ture of a beneficiary developing country, or

(B) must be a new or different article of commerce

which has been grown, produced, or manufactured in the

beneficiary developing country.

(b) A

RTICLES

HAT

ESIGNATED

LIGIBLE

TICLES

.—

(1) I

MPORT SENSITIVE ARTICLES

.—The President may not

designate any article as an eligible article under subsection (a)

if such article is within one of the following categories of im-

port-sensitive articles:

(A) Except as provided in paragraphs (4) and (5), tex-

tile and apparel articles which were not eligible articles for

purposes of this title on January 1, 1994, as this title was

in effect on such date.

(B) Watches, except those watches entered after June

30, 1989, that the President specifically determines, after

public notice and comment, will not cause material injury

to watch or watch band, strap, or bracelet manufacturing

and assembly operations in the United States or the

United States insular possessions.

(D) Import-sensitive steel articles.

(E) Except as provided in paragraph (5), footwear,

handbags, luggage, flat goods, work gloves, and leather

wearing apparel which were not eligible articles for pur-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00166 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

167 Sec. 503 TRADE ACT OF 1974

Two paragraph (5)s’ so in law. See amendments made by sections 202 and 204(3) of Public

Law 114–27 (129 Stat. 372). Also, the amendment made by section 204(3) of such Public Law

provides to insert this new paragraph (5) (relating to certain luggage and travel articles) at the

end of subsection (b)(1). Such new paragraph was inserted at the end of subsection (b) rather

than at the end of paragraph (1) in order to reflect the probable intent of Congress.

poses of this title on January 1, 1995, as this title was in

effect on such date.

(F) Import-sensitive semimanufactured and manufac-

tured glass products.

(G) Any other articles which the President determines

to be import-sensitive in the context of the Generalized

System of Preferences.

(2) A

RTICLES AGAINST WHICH OTHER ACTIONS TAKEN

.—An

article shall not be an eligible article for purposes of this title

for any period during which such article is the subject of any

action proclaimed pursuant to section 203 of this Act (19

U.S.C. 2253) or section 232 or 351 of the Trade Expansion Act

of 1962 (19 U.S.C. 1862, 1981).

(3) A

GRICULTURAL PRODUCTS

.—No quantity of an agricul-

tural product subject to a tariff-rate quota that exceeds the in-

quota quantity shall be eligible for duty-free treatment under

this title.

(4) C

ERTAIN HAND

KNOTTED OR HAND

WOVEN CARPETS

.—

Notwithstanding paragraph (1)(A), the President may des-

ignate as an eligible article or articles under subsection (a) car-

pets or rugs which are hand-loomed, hand-woven, hand-

hooked, hand-tufted, or hand-knotted, and classifiable under

subheading 5701.10.16, 5701.10.40, 5701.90.10, 5701.90.20,

5702.10.90, 5702.42.20, 5702.49.10, 5702.51.20, 5702.91.30,

5702.92.00, 5702.99.10, 5703.10.00, 5703.20.10, or 5703.30.00

of the Harmonized Tariff Schedule of the United States.

(5)

ERTAIN COTTON ARTICLES

.—Notwithstanding para-

graph (3), the President may designate as an eligible article or

articles under subsection (a)(1)(B) only for countries designated

as least-developed beneficiary developing countries under sec-

tion 502(a)(2) cotton articles classifiable under subheading

5201.00.18, 5201.00.28, 5201.00.38, 5202.99.30, or 5203.00.30

of the Harmonized Tariff Schedule of the United States.

(5)

ERTAIN LUGGAGE AND TRAVEL ARTICLES

.—Notwith-

standing subparagraph (A) or (E) of paragraph (1), the Presi-

dent may designate the following as eligible articles under sub-

section (a):

(A) Articles classifiable under subheading 4202.11.00,

4202.12.40, 4202.21.60, 4202.21.90, 4202.22.15, 4202.22.45,

4202.31.60, 4202.32.40, 4202.32.80, 4202.92.15, 4202.92.20,

4202.92.45, or 4202.99.90 of the Harmonized Tariff Sched-

ule of the United States.

(B) Articles classifiable under statistical reporting

number 4202.12.2020, 4202.12.2050, 4202.12.8030,

4202.12.8070, 4202.22.8050, 4202.32.9550, 4202.32.9560,

4202.91.0030, 4202.91.0090, 4202.92.3020, 4202.92.3031,

4202.92.3091, 4202.92.9026, or 4202.92.9060 of the Har-

monized Tariff Schedule of the United States, as such sta-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00167 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

168 Sec. 503 TRADE ACT OF 1974

tistical reporting numbers are in effect on the date of the

enactment of the Trade Preferences Extension Act of 2015.

ITHDRAWAL

, S

USPENSION

IMITATION OF

UTY

-F

REE

REATMENT

; C

OMPETITIVE

EED

IMITATION

.—

(1) I

N GENERAL

.—The President may withdraw, suspend,

or limit the application of the duty-free treatment accorded

under this title with respect to any article, except that no rate

of duty may be established with respect to any article pursuant

to this subsection other than the rate which would apply but

for this title. In taking any action under this subsection, the

President shall consider the factors set forth in sections 501

and 502(c).

(2) C

OMPETITIVE NEED LIMITATION

.—

(A) B

ASIS FOR WITHDRAWAL OF DUTY

FREE TREAT

MENT

.—

(i) I

N GENERAL

.—Except as provided in clause (ii)

and subject to subsection (d), whenever the President

determines that a beneficiary developing country has

exported (directly or indirectly) to the United States

during any calendar year beginning after December

31, 1995—

(I) a quantity of an eligible article having an

appraised value in excess of the applicable

amount for the calendar year, or

(II) a quantity of an eligible article equal to or

exceeding 50 percent of the appraised value of the

total imports of that article into the United States

during any calendar year,

the President shall, not later than November 1 of the

next calendar year, terminate the duty-free treatment

for that article from that beneficiary developing coun-

try.

(ii) A

NNUAL ADJUSTMENT OF APPLICABLE

AMOUNT

.—For purposes of applying clause (i), the ap-

plicable amount is—

(I) for 1996, $75,000,000, and

(II) for each calendar year thereafter, an

amount equal to the applicable amount in effect

for the preceding calendar year plus $5,000,000.

(B) C

OUNTRY DEFINED

.—For purposes of this para-

graph, the term ‘‘country’’ does not include an association

of countries which is treated as one country under section

507(2), but does include a country which is a member of

any such association.

EDESIGNATIONS

.—A country which is no longer

treated as a beneficiary developing country with respect to

an eligible article by reason of subparagraph (A) may, sub-

ject to the considerations set forth in sections 501 and 502,

be redesignated a beneficiary developing country with re-

spect to such article if imports of such article from such

country did not exceed the limitations in subparagraph (A)

during the preceding calendar year.

(D) L

EAST

DEVELOPED BENEFICIARY DEVELOPING COUN

TRIES AND BENEFICIARY SUB

SAHARAN AFRICAN COUN

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00168 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

169 Sec. 503 TRADE ACT OF 1974

TRIES

.—Subparagraph (A) shall not apply to any least-de-

veloped beneficiary developing country or any beneficiary

sub-Saharan African country.

(E) A

RTICLES NOT PRODUCED IN THE UNITED STATES EX

CLUDED

.—Subparagraph (A)(i)(II) shall not apply with re-

spect to any eligible article if a like or directly competitive

article was not produced in the United States in any of the

preceding 3 calendar years.

(F) D

E MINIMIS WAIVERS

.—

(i) I

N GENERAL

.—The President may disregard

subparagraph (A)(i)(II) with respect to any eligible ar-

ticle from any beneficiary developing country if the ag-

gregate appraised value of the imports of such article

into the United States during the preceding calendar

year does not exceed the applicable amount for such

preceding calendar year.

(ii) A

PPLICABLE AMOUNT

.—For purposes of apply-

ing clause (i), the applicable amount is—

(I) for calendar year 1996, $13,000,000, and

(II) for each calendar year thereafter, an

amount equal to the applicable amount in effect

for the preceding calendar year plus $500,000.

(d) W

AIVER OF

OMPETITIVE

EED

IMITATION

.—

(1) I

N GENERAL

.—The President may waive the application

of subsection (c)(2) with respect to any eligible article of any

beneficiary developing country if, before November 1 of the cal-

endar year beginning after the calendar year for which a deter-

mination described in subsection (c)(2)(A) was made with re-

spect to such eligible article, the President—

(A) receives the advice of the International Trade

Commission under section 332 of the Tariff Act of 1930 on

whether any industry in the United States is likely to be

adversely affected by such waiver,

(B) determines, based on the considerations described

in sections 501 and 502(c) and the advice described in sub-

paragraph (A), that such waiver is in the national eco-

nomic interest of the United States, and

graph (B) in the Federal Register.

(2) C

ONSIDERATIONS BY THE PRESIDENT

.—In making any

determination under paragraph (1), the President shall give

great weight to—

(A) the extent to which the beneficiary developing

country has assured the United States that such country

will provide equitable and reasonable access to the mar-

kets and basic commodity resources of such country, and

(B) the extent to which such country provides ade-

quate and effective protection of intellectual property

rights.

(3) O

THER BASES FOR WAIVER

.—The President may waive

the application of subsection (c)(2) if, before November 1 of the

calendar year beginning after the calendar year for which a de-

termination described in subsection (c)(2) was made with re-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00169 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

170 Sec. 503 TRADE ACT OF 1974

spect to a beneficiary developing country, the President deter-

mines that—

(A) there has been a historical preferential trade rela-

tionship between the United States and such country,

(B) there is a treaty or trade agreement in force cov-

ering economic relations between such country and the

United States, and

pose unjustifiable or unreasonable barriers to, United

States commerce,

and the President publishes that determination in the Federal

(4) L

IMITATIONS ON WAIVERS

.—

(A) I

N GENERAL

.—The President may not exercise the

waiver authority under this subsection with respect to a

quantity of an eligible article entered during any calendar

year beginning after 1995, the aggregate appraised value

of which equals or exceeds 30 percent of the aggregate ap-

praised value of all articles that entered duty-free under

this title during the preceding calendar year.

(B) O

THER WAIVER LIMITS

.—(i) The President may not

exercise the waiver authority provided under this sub-

section with respect to a quantity of an eligible article en-

tered during any calendar year beginning after 1995, the

aggregate appraised value of which exceeds 15 percent of

the aggregate appraised value of all articles that have en-

tered duty-free under this title during the preceding cal-

endar year from those beneficiary developing countries

which for the preceding calendar year—

(I) had a per capita gross national product (cal-

culated on the basis of the best available information,

including that of the International Bank for Recon-

struction and Development) of $5,000 or more; or

(II) had exported (either directly or indirectly) to

the United States a quantity of articles that was duty-

free under this title that had an aggregate appraised

value of more than 10 percent of the aggregate ap-

praised value of all articles that entered duty-free

under this title during that year.

(ii) Not later than November 1 of each year, the Presi-

dent should revoke any waiver that has then been in effect

with respect to an article for 5 years or more if the bene-

ficiary developing country has exported to the United

States (directly or indirectly) during the preceding cal-

endar year a quantity of the article—

(I) having an appraised value in excess of 1.5

times the applicable amount set forth in subsection

(c)(2)(A)(ii) for that calendar year; or

(II) exceeding 75 percent of the appraised value of

the total imports of that article into the United States

during that calendar year.

ALCULATION OF LIMITATIONS

.—There shall be

counted against the limitations imposed under subpara-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00170 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

171 Sec. 506A TRADE ACT OF 1974

graphs (A) and (B) for any calendar year only that value

of any eligible article of any country that—

(i) entered duty-free under this title during such

calendar year; and

(ii) is in excess of the value of that article that

would have been so entered during such calendar year

if the limitations under subsection (c)(2)(A) applied.

(5) E

FFECTIVE PERIOD OF WAIVER

.—Any waiver granted

under this subsection shall remain in effect until the President

determines that such waiver is no longer warranted due to

changed circumstances.

(e) I

NTERNATIONAL

RADE

OMMISSION

DVICE

.—Before desig-

nating articles as eligible articles under subsection (a)(1), the Presi-

dent shall publish and furnish the International Trade Commission

with lists of articles which may be considered

for designation as eligible articles for purposes of this title. The

provisions of sections 131, 132, 133, and 134 shall be complied with

as though action under section 501 and this section were action

under section 123 to carry out a trade agreement entered into

under section 123.

(f) S

PECIAL

ULE

ONCERNING

UERTO

ICO

.—No action under

this title may affect any tariff duty imposed by the Legislature of

Puerto Rico pursuant to section 319 of the Tariff Act of 1930 on cof-

fee imported into Puerto Rico.

ø19 U.S.C. 2463¿

SEC. 504. REVIEW AND REPORT TO CONGRESS.

The President shall submit an annual report to the Congress

on the status of internationally recognized worker rights within

each beneficiary developing country, including the findings of the

Secretary of Labor with respect to the beneficiary country’s imple-

mentation of its international commitments to eliminate the worst

forms of child labor.

ø19 U.S.C. 2464¿

SEC. 505. DATE OF TERMINATION.

No duty-free treatment provided under this title shall remain

in effect after December 31, 2020.

ø19 U.S.C. 2465¿

SEC. 506. AGRICULTURAL EXPORTS OF BENEFICIARY DEVELOPING

COUNTRIES.

The appropriate agencies of the United States shall assist ben-

eficiary developing countries to develop and implement measures

designed to assure that the agricultural sectors of their economies

are not directed to export markets to the detriment of the produc-

tion of foodstuffs for their citizenry.

ø19 U.S.C. 2466¿

SEC. 506A. DESIGNATION OF SUB-SAHARAN AFRICAN COUNTRIES FOR

CERTAIN BENEFITS.

(a) A

UTHORITY

ESIGNATE

.—

(1) I

N GENERAL

.—Notwithstanding any other provision of

law, the President is authorized to designate a country listed

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00171 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

172 Sec. 506A TRADE ACT OF 1974

in section 107 of the African Growth and Opportunity Act as

a beneficiary sub-Saharan African country eligible for the ben-

efits described in subsection (b)—

(A) if the President determines that the country meets

the eligibility requirements set forth in section 104 of that

Act, as such requirements are in effect on the date of the

enactment of that Act; and

(B) subject to the authority granted to the President

under subsections (a), (d), and (e) of section 502, if the

country otherwise meets the eligibility criteria set forth in

section 502.

(2) M

ONITORING AND REVIEW OF CERTAIN COUNTRIES

.—The

President shall monitor, review, and report to Congress annu-

ally on the progress of each country listed in section 107 of the

African Growth and Opportunity Act in meeting the require-

ments described in paragraph (1) in order to determine the

current or potential eligibility of each country to be designated

as a beneficiary sub-Saharan African country for purposes of

this section. The President’s determinations, and explanations

of such determinations, with specific analysis of the eligibility

requirements described in paragraph (1)(A), shall be included

in the annual report required by section 106 of the African

Growth and Opportunity Act.

(3) C

ONTINUING COMPLIANCE

.—

(A) I

N GENERAL

.—If the President determines that a

beneficiary sub-Saharan African country is not making

continual progress in meeting the requirements described

in paragraph (1), the President shall terminate the des-

ignation of that country as a beneficiary sub-Saharan Afri-

can country for purposes of this section, effective on Janu-

ary 1 of the year following the year in which such deter-

mination is made.

(B) N

OTIFICATION

.—The President may not terminate

the designation of a country as a beneficiary sub-Saharan

African country under subparagraph (A) unless, at least 60

days before the termination of such designation, the Presi-

dent notifies Congress and notifies the country of the

President’s intention to terminate such designation, to-

gether with the considerations entering into the decision to

terminate such designation.

(b) P

REFERENTIAL

ARIFF

REATMENT FOR

ERTAIN

RTI

CLES

.—

(1) I

N GENERAL

.—The President may provide duty-free

treatment for any article described in section 503(b)(1)(B)

through (G) that is the growth, product, or manufacture of a

beneficiary sub-Saharan African country described in sub-

section (a), if, after receiving the advice of the International

Trade Commission in accordance with section 503(e), the Presi-

dent determines that such article is not import-sensitive in the

context of imports from beneficiary sub-Saharan African coun-

tries.

(2) R

ULES OF ORIGIN

.—The duty-free treatment provided

under paragraph (1) shall apply to any article described in that

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00172 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

173 Sec. 506A TRADE ACT OF 1974

paragraph that meets the requirements of section 503(a)(2), ex-

cept that—

(A) if the cost or value of materials produced in the

customs territory of the United States is included with re-

spect to that article, an amount not to exceed 15 percent

of the appraised value of the article at the time it is en-

tered that is attributed to such United States cost or value

may be applied toward determining the percentage re-

ferred to in subparagraph (A) of section 503(a)(2);

(B) the cost or value of the materials included with re-

spect to that article that are produced in one or more bene-

ficiary sub-Saharan African countries or former beneficiary

sub-Saharan African countries shall be applied in deter-

mining such percentage; and

in one or more such beneficiary sub-Saharan African coun-

tries or former beneficiary sub-Saharan African countries

shall be applied in determining such percentage.

(3) R

ULES OF ORIGIN UNDER THIS TITLE

.—The exceptions

set forth in subparagraphs (A), (B), and (C) of paragraph (2)

shall also apply to any article described in section 503(a)(1)

that is the growth, product, or manufacture of a beneficiary

sub-Saharan African country for purposes of any determination

to provide duty-free treatment with respect to such article.

ITHDRAWAL

, S

USPENSION

IMITATION OF

REF

ERENTIAL

ARIFF

REATMENT

.—

(1) I

N GENERAL

.—The President may withdraw, suspend,

or limit the application of duty-free treatment provided for any

article described in subsection (b)(1) of this section or section

112 of the African Growth and Opportunity Act with respect to

a beneficiary sub-Saharan African country if the President de-

termines that withdrawing, suspending, or limiting such duty-

free treatment would be more effective in promoting compli-

ance by the country with the requirements described in sub-

section (a)(1) than terminating the designation of the country

as a beneficiary sub-Saharan African country for purposes of

this section.

(2) N

OTIFICATION

.—The President may not withdraw, sus-

pend, or limit the application of duty-free treatment under

paragraph (1) unless, at least 60 days before such withdrawal,

suspension, or limitation, the President notifies Congress and

notifies the country of the President’s intention to withdraw,

suspend, or limit such duty-free treatment, together with the

considerations entering into the decision to terminate such des-

ignation.

(d) R

EVIEW AND

UBLIC

OMMENTS ON

LIGIBILITY

EQUIRE

MENTS

.—

(1) I

N GENERAL

.—In carrying out subsection (a)(2), the

President shall publish annually in the Federal Register a no-

tice of review and request for public comments on whether ben-

eficiary sub-Saharan African countries are meeting the eligi-

bility requirements set forth in section 104 of the African

Growth and Opportunity Act and the eligibility criteria set

forth in section 502 of this Act.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00173 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

174 Sec. 506A TRADE ACT OF 1974

(2) P

UBLIC HEARING

.—The United States Trade Represent-

ative shall, not later than 30 days after the date on which the

President publishes the notice of review and request for public

comments under paragraph (1)—

(A) hold a public hearing on such review and request

for public comments; and

(B) publish in the Federal Register, before such hear-

ing is held, notice of—

(i) the time and place of such hearing; and

(ii) the time and place at which such public com-

ments will be accepted.

(3) P

ETITION PROCESS

.—

(A) I

N GENERAL

.—Not later than 60 days after the

date of the enactment of this subsection, the President

shall establish a process to allow any interested person, at

any time, to file a petition with the Office of the United

States Trade Representative with respect to the compli-

ance of any country listed in section 107 of the African

Growth and Opportunity Act with the eligibility require-

ments set forth in section 104 of such Act and the eligi-

bility criteria set forth in section 502 of this Act.

(B) U

SE OF PETITIONS

.—The President shall take into

account all petitions filed pursuant to subparagraph (A) in

making determinations of compliance under subsections

(a)(3)(A) and (c) and in preparing any reports required by

this title as such reports apply with respect to beneficiary

sub-Saharan African countries.

(4) O

CYCLE REVIEWS

.—

(A) I

N GENERAL

.—The President may, at any time, ini-

tiate an out-of-cycle review of whether a beneficiary sub-

Saharan African country is making continual progress in

meeting the requirements described in paragraph (1). The

President shall give due consideration to petitions received

under paragraph (3) in determining whether to initiate an

out-of-cycle review under this subparagraph.

(B) C

ONGRESSIONAL NOTIFICATION

.—Before initiating

an out-of-cycle review under subparagraph (A), the Presi-

dent shall notify and consult with Congress.

ONSEQUENCES OF REVIEW

.—If, pursuant to an

out-of-cycle review conducted under subparagraph (A), the

President determines that a beneficiary sub-Saharan Afri-

can country does not meet the requirements set forth in

section 104(a) of the African Growth and Opportunity Act

(19 U.S.C. 3703(a)), the President shall, subject to the re-

quirements of subsections (a)(3)(B) and (c)(2), terminate

the designation of the country as a beneficiary sub-Saha-

ran African country or withdraw, suspend, or limit the ap-

plication of duty-free treatment with respect to articles

from the country.

(D) R

EPORTS

.—After each out-of-cycle review con-

ducted under subparagraph (A) with respect to a country,

the President shall submit to the Committee on Finance of

the Senate and the Committee on Ways and Means of the

House of Representatives a report on the review and any

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00174 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

175 Sec. 507 TRADE ACT OF 1974

determination of the President to terminate the designa-

tion of the country as a beneficiary sub-Saharan African

country or withdraw, suspend, or limit the application of

duty-free treatment with respect to articles from the coun-

try under subparagraph (C).

(E) I

NITIATION OF OUT

CYCLE REVIEWS FOR CERTAIN

COUNTRIES

.—Recognizing that concerns have been raised

about the compliance with section 104(a) of the African

Growth and Opportunity Act (19 U.S.C. 3703(a)) of some

beneficiary sub-Saharan African countries, the President

shall initiate an out-of-cycle review under subparagraph

(A) with respect to South Africa, the most developed of the

beneficiary sub-Saharan African countries, and other bene-

ficiary countries as appropriate, not later than 30 days

after the date of the enactment of the Trade Preferences

Extension Act of 2015.

(e) B

ENEFICIARY

-S

AHARAN

FRICAN

OUNTRIES

, E

.—For

purposes of this title—

(1) the terms ‘‘beneficiary sub-Saharan African country’’

and ‘‘beneficiary sub-Saharan African countries’’ mean a coun-

try or countries listed in section 107 of the African Growth and

Opportunity Act that the President has determined is eligible

under subsection (a) of this section.

(2) the term ‘‘former beneficiary sub-Saharan African coun-

try’’ means a country that, after being designated as a bene-

ficiary sub-Saharan African country under the African Growth

and Opportunity Act, ceased to be designated as such a coun-

try by reason of its entering into a free trade agreement with

the United States.

ø19 U.S.C. 2466a¿

SEC. 506B. TERMINATION OF BENEFITS FOR SUB-SAHARAN AFRICAN

COUNTRIES.

In the case of a beneficiary sub-Saharan African country, as

defined in section 506A(c), duty-free treatment provided under this

title shall remain in effect through September 30, 2025.

ø19 U.S.C. 2466b¿

SEC. 507. DEFINITIONS.

For purposes of this title:

(1) B

ENEFICIARY DEVELOPING COUNTRY

.—The term ‘‘bene-

ficiary developing country’’ means any country with respect to

which there is in effect an Executive order or Presidential proc-

lamation by the President designating such country as a bene-

ficiary developing country for purposes of this title.

(2) C

OUNTRY

.—The term ‘‘country’’ means any foreign

country or territory, including any overseas dependent terri-

tory or possession of a foreign country, or the Trust Territory

of the Pacific Islands. In the case of an association of countries

which is a free trade area or customs union, or which is con-

tributing to comprehensive regional economic integration

among its members through appropriate means, including, but

not limited to, the reduction of duties, the President may by

Executive order or Presidential proclamation provide that all

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00175 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

176 Sec. 601 TRADE ACT OF 1974

members of such association other than members which are

barred from designation under section 502(b) shall be treated

as one country for purposes of this title.

(3) E

NTERED

.—The term ‘‘entered’’ means entered, or with-

drawn from warehouse for consumption, in the customs terri-

tory of the United States.

(4) I

NTERNATIONALLY RECOGNIZED WORKER RIGHTS

.—The

term ‘‘internationally recognized worker rights’’ includes—

(A) the right of association;

(B) the right to organize and bargain collectively;

compulsory labor;

(D) a minimum age for the employment of children,

and a prohibition on the worst forms of child labor, as de-

fined in paragraph (6); and

(E) acceptable conditions of work with respect to

minimum wages, hours of work, and occupational safety

and health.

(5) L

EAST

DEVELOPED BENEFICIARY DEVELOPING COUN

TRY

.—The term ‘‘least-developed beneficiary developing coun-

try’’ means a beneficiary developing country that is designated

as a least-developed beneficiary developing country under sec-

tion 502(a)(2).

(6) W

ORST FORMS OF CHILD LABOR

.—The term ‘‘worst forms

of child labor’’ means—

(A) all forms of slavery or practices similar to slavery,

such as the sale or trafficking of children, debt bondage

and serfdom, or forced or compulsory labor, including

forced or compulsory recruitment of children for use in

armed conflict;

(B) the use, procuring, or offering of a child for pros-

titution, for the production of pornography or for porno-

graphic purposes;

activities in particular for the production and trafficking of

drugs; and

(D) work which, by its nature or the circumstances in

which it is carried out, is likely to harm the health, safety,

or morals of children.

The work referred to in subparagraph (D) shall be determined

by the laws, regulations, or competent authority of the bene-

ficiary developing country involved.

ø19 U.S.C. 2467¿

TITLE VI—GENERAL PROVISIONS

SEC. 601. DEFINITIONS.

For purposes of this Act—

(1) The term ‘‘duty’’ includes the rate and form of any im-

port duty, including but not limited to tariff-rate quotas.

(2) The term ‘‘other import restriction’’ includes a limita-

tion, prohibition, charge, or exaction other than duty, imposed

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00176 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

177 Sec. 601 TRADE ACT OF 1974

on importation or imposed for the regulation of importation.

The term does not include any orderly marketing agreement.

(3) The term ‘‘ad valorem’’ includes ad valorem equivalent.

Whenever any limitation on the amount by which or to which

any rate of duty may be decreased or increased pursuant to a

trade agreement is expressed in terms of an ad valorem per-

centage, the ad valorem amount taken into account for pur-

poses of such limitation shall be determined by the President

on the basis of the value of imports of the articles concerned

during the most recent representative period.

(4) The term ‘‘ad valorem equivalent’’ means the ad valo-

rem equivalent of a specific rate or, in the case of a combina-

tion of rates including a specific rate, the sum of the ad valo-

rem equivalent of the specific rate and of the ad valorem rate.

The ad valorem equivalent shall be determined by the Presi-

dent on the basis of the value of imports of the article con-

cerned during the most recent representative period. In deter-

mining the value of imports, the President shall utilize, to the

maximum extent practicable, the standards as valuation con-

tained in section 402 or 402a of the Tariff Act of 1930 (as in

effect before the effective date of the amendments made by

title II of the Trade Agreements Act of 1979) or in section 402

of such Act of 1930 (as in effect on the effective date of such

title II amendments) whichever is applicable to the article con-

cerned during such representative period.

(5) An imported article is ‘‘directly competitive with’’ a do-

mestic article at an earlier or later stage of processing, and a

domestic article is ‘‘directly competitive with’’ an imported arti-

cle at an earlier or later stage of processing, if the importation

of the article has an economic effect on producers of the domes-

tic article comparable to the effect of importation of articles in

the same stage of processing as the domestic article. For pur-

poses of this paragraph, the unprocessed article is at an earlier

stage of processing.

(6) The term ‘‘modification’’, as applied to any duty or

other import restriction, includes the elimination of any duty

or other import restriction.

(7) The term ‘‘existing’’ means (A) when used, without the

specification of any date, with respect to any matter relating

to entering into or carrying out a trade agreement or other ac-

tion authorized by this Act, existing on the day on which such

trade agreement is entered into or such other action is taken;

and (B) when used with respect to a rate of duty, the nonpref-

erential rate of duty (however established, and even through

temporarily suspended by Act of Congress or otherwise) set

forth in rate column numbered 1 of schedules 1 through 7 of

the Tariff Schedules of chapters 1 through 97 of the Har-

monized Tariff Schedule of the United States on the date speci-

fied or (if no date is specified) on the day referred to in clause

(A).

(8) A product of a country or area is an article which is the

growth, produce, or manufacture of such country or area.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00177 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

178 Sec. 603 TRADE ACT OF 1974

(9) The term ‘‘nondiscriminatory treatment’’ means trade

treatment based on normal trade relations (known under inter-

national law as most-favored-nation treatment).

(10) The term ‘‘commerce’’ includes services associated

with international trade.

ø19 U.S.C. 2481¿

* * * * * * *

SEC. 603. INTERNATIONAL TRADE COMMISSION.

(a) In order to expedite the performance of its functions under

this Act, the International Trade Commission may conduct prelimi-

nary investigations, determine the scope and manner of its pro-

ceedings, and consolidate proceedings before it.

(b) In performing its functions under this Act, the Commission

may exercise any authority granted to it under any other Act.

cerning the operation and effect of provisions relating to duties or

other import restrictions of the United States contained in trade

agreements entered into under the trade agreements program.

ø19 U.S.C. 2482¿

SEC. 604. CONSEQUENTIAL CHANGES IN THE TARIFF SCHEDULES.

The President shall from time to time, as appropriate, embody

in the Harmonized Tariff Schedule of the United States the sub-

stance of the relevant provisions of this Act, and of other Acts af-

fecting import treatment, and actions thereunder, including re-

moval, modification, continuance, or imposition of any rate of duty

or other import restriction.

ø19 U.S.C. 2483¿

SEC. 605. SEPARABILITY.

If any provision of this Act or the application of any provision

to any circumstances or persons shall be held invalid, the validity

of the remainder of this Act, and of the application of such provi-

sion to other circumstances or persons, shall not be affected there-

by.

ø19 U.S.C. 2101 note¿

SEC. 606. INTERNATIONAL DRUG CONTROL.

The President shall submit a report to Congress at least once

each calendar year listing those foreign countries in which narcotic

drugs and other controlled substances (as listed under section 202

of the Comprehensive Drug Abuse Prevention and Control Act of

1970 (21 U.S.C. 812)) are produced, processed, or transported for

unlawful entry into the United States. Such report shall include a

description of the measures such countries are taking to prevent

such production, processing, or transport.

ø19 U.S.C. 2484¿

SEC. 607. VOLUNTARY LIMITATIONS ON EXPORTS OF STEEL TO THE

UNITED STATES.

No person shall be liable for damages, penalties, or other sanc-

tions under the Federal Trade Commission Act (15 U.S.C. 41–77)

or the Antitrust Acts (as defined in section 4 of the Federal Trade

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00178 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

179 Sec. 608 TRADE ACT OF 1974

Commission Act (15 U.S.C. 44)), or under any similar State law, on

account of his negotiating, entering into, participating in, or imple-

menting an arrangement providing for the voluntary limitation on

exports of steel and steel products to the United States, or any

modification or renewal of such an arrangement, if such arrange-

ment or such modification or renewal—

(1) was undertaken prior to the date of the enactment of

this Act at the request of the Secretary of State or his delegate,

and

(2) ceases to be effective not later than January 1, 1975.

ø19 U.S.C. 2485¿

SEC. 608. UNIFORM STATISTICAL DATA ON IMPORTS, EXPORTS, AND

PRODUCTION.

(a)

(b) In carrying out the responsibilities under section 484(e),

Tariff Act of 1930 and other pertinent statutes, the Secretary of

Commerce and the United States International Trade Commission

shall conduct jointly a study of existing commodity classification

systems with a view to identifying the appropriate principles and

concepts which should guide the organization and development of

an enumeration of articles which would result in comparability of

United States import, production, and export data. The Secretary

and the United States International Trade Commission shall sub-

mit a report to both Houses of Congress and to the President with

respect to such study not later than August 1, 1975.

subsections (a) and (b), the United States International Trade Com-

mission shall undertake an investigation under section 332(g) of

the Tariff Act of 1930 which would provide the basis for—

(1) a report on the appropriate concepts and principles

which should underlie the formulation of an international com-

modity code adaptable for modernized tariff nomenclature pur-

poses and for recording, handling, and reporting of trans-

actions in national and international trade, taking into account

how such a code could meet the needs of sound customs and

trade reporting practices reflecting the interests of United

States and other countries, such report to be submitted to both

Houses of Congress and to the President as soon as feasible,

but in any event, no later than June 1, 1975; and

(2) full and immediate participation by the United States

International Trade Commission in the United States contribu-

tion to technical work of the Harmonized Systems Committee

under the Customs Cooperation Council to assure the recogni-

tion of the needs of the United States business community in

the development of a Harmonized Code reflecting sound prin-

ciples of commodity identification and specification and modern

producing methods and trading practices.

and, in carrying out such responsibilities, the Commission shall re-

port to both Houses of Congress and to the President, as it deems

appropriate.

(d) The President is requested to direct the appropriate agen-

cies to cooperate fully with the Secretary of Commerce and the

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00179 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

180 Sec. 611 TRADE ACT OF 1974

United States International Trade Commission in carrying out

their responsibilities under subsections (a), (b), and (c).

(e) The amendment made by subsection (a) insofar as it relates

to export declarations shall take effect on January 1, 1976.

ø19 U.S.C. 1484 notes¿

* * * * * * *

SEC. 611. REVIEW OF PROTESTS IN IMPORT SURCHARGE CASES.

Notwithstanding the provisions of section 515(a) of the Tariff

Act of 1930 (19 U.S.C. 1515(a)), in the case of any protest under

section 514 of such Act involving the imposition of an import sur-

charge in the form of a supplemental duty pursuant to Presidential

Proclamation 4074, dated August 17, 1971, the time for review and

allowing or denying the protest shall not expire until five years

from the date the protest was filed in accordance with such section

514.

ø19 U.S.C. 1515 note¿

SEC. 612. TRADE RELATIONS WITH NORTH AMERICAN COUNTRIES.

(a) It is the sense of the Congress that the United States

should enter into a trade agreement with Canada which will guar-

antee continued stability to the economies of the United States and

Canada. In order to promote such economic stability, the President

may initiate negotiations for a trade agreement with Canada to es-

tablish a free trade area covering the United States and Canada.

Nothing in this section shall be construed as prior approval of any

legislation which may be necessary to implement such a trade

agreement.

(b) The President shall study the desirability of entering into

trade agreements with countries in the northern portion of the

western hemisphere to promote the economic growth of the United

States and such countries and the mutual expansion of market op-

portunities and report to the Committee on Ways and Means of the

House of Representatives and the Committee on Finance of the

Senate his findings and conclusions within 2 years after the date

of enactment of this Act. The study shall include an examination

of competitive opportunities and conditions of competition between

such countries and the United States in the agricultural, energy,

and other appropriate sectors.

ø19 U.S.C. 2486¿

øSection 613 (19 U.S.C. 2487) repealed by Public Law 102–266,

sec. 102, 106 Stat 95.¿

TITLE VIII—TARIFF TREATMENT OF PRODUCTS OF, AND

OTHER SANCTIONS AGAINST, UNCOOPERATIVE

MAJOR DRUG PRODUCING OR DRUG-TRANSIT COUN-

TRIES

SEC. 801. SHORT TITLE.

This title may be cited as the ‘‘Narcotics Control Trade Act’’.

ø19 U.S.C. 2491¿

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00180 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

181 Sec. 802 TRADE ACT OF 1974

SEC. 802. TARIFF TREATMENT OF PRODUCTS OF UNCOOPERATIVE

MAJOR DRUG PRODUCING OR DRUG-TRANSIT COUN-

TRIES.

(a) R

EQUIRED

CTION BY

RESIDENT

.—Subject to subsection (b),

for every major drug producing country and every major drug-tran-

sit country, the President shall, on or after March 1, 1987, and

March 1 of each succeeding year, to the extent considered nec-

essary by the President to achieve the purposes of this title—

(1) deny to any or all of the products of that country tariff

treatment under the Generalized System of Preferences, the

Caribbean Basin Economic Recovery Act, or any other law pro-

viding preferential tariff treatment.

(2) apply to any or all of the dutiable products of that

country an additional duty at a rate not to exceed 50 percent

ad valorem or the specific rate equivalent;

(3) apply to one or more duty-free products of that country

a duty at a rate not to exceed 50 percent a valorem;

(4) take the steps described in subsection (d)(1) or (d)(2),

or both, to curtail air transportation between the United States

and that country;

(5) withdraw the personnel and resources of the United

States from participation in any arrangement with that coun-

try for the pre-clearance of customs by visitors between the

United States and that country; or

(6) take any combination of the actions described in para-

graphs (1) through (5).

(b)(1)(A) Subject to paragraph (3), subsection (a) shall not

apply with respect to a country if the President determines and

certifies to the Congress, at the time of the submission of the re-

port required by section 489 of the Foreign Assistance Act of 1961

(22 U.S.C. 2291h), that—

(i) during the previous year the country has cooperated

fully with the United States, or has taken adequate steps on

its own—

(I) in satisfying the goals agreed to in an applicable bi-

lateral narcotics agreement with the United States (as de-

scribed in paragraph (B)) or a multilateral agreement

which achieves the objectives of paragraph (B),

(II) in preventing narcotic and psychotropic drugs and

other controlled substances produced or processed, in

whole or in part, in such country or transported through

such country, from being sold illegally within the jurisdic-

tion of such country to United States Government per-

sonnel or their dependents or from being transported, di-

rectly or indirectly, into the United States,

(III) in preventing and punishing the laundering in

that country of drug-related profits or drug-related mon-

eys, and

(IV) in preventing and punishing bribery and other

forms of public corruption which facilitate the illicit pro-

duction, processing, or shipment of narcotic and psycho-

tropic drugs and other controlled substances, or which dis-

courage the investigation and prosecution of such acts; or

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00181 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

182 Sec. 802 TRADE ACT OF 1974

(ii) for a country that would not otherwise qualify for cer-

tification under clause (i), the vital national interests of the

United States require that subsection (a) not be applied with

respect to that country.

(B) A bilateral narcotics agreement referred to in subpara-

graph (A)(i)(I) is an agreement between the United States and a

foreign country in which the foreign country agrees to take specific

activities, including, where applicable, efforts to—

(i) reduce drug production, drug consumption, and drug

trafficking within its territory, including activities to address

illicit crop eradication and crop substitution;

(ii) increase drug interdiction and enforcement;

(iii) increase drug education and treatment programs;

(iv) increase the identification of and elimination of illicit

drug laboratories;

(v) increase the identification and elimination of the traf-

ficking of essential precursor chemicals for the use in produc-

tion of illegal drugs;

(vi) increase cooperation with United States drug enforce-

ment officials; and

(vii) where applicable, increase participation in extradition

treaties, mutual legal assistance provisions directed at money

laundering, sharing of evidence, and other initiatives for coop-

erative drug enforcement.

major drug producing country or a major drug-transit country may

not be determined to be cooperating fully under subparagraph

(A)(i) unless it has in place a bilateral narcotics agreement with the

United States or a multilateral agreement which achieves the ob-

jectives of subparagraph (B).

(D) If the President makes a certification with respect to a

country pursuant to subparagraph (A)(ii), he shall include in such

certification—

(i) a full and complete description of the vital national in-

terests placed at risk if action is taken pursuant to subsection

(a) with respect to that country; and

(ii) a statement weighing the risk described in clause (i)

against the risks posed to the vital national interests of the

United States by the failure of such country to cooperate fully

with the United States in combating narcotics or to take ade-

quate steps to combat narcotics on its own.

(E) The President may make a certification under subpara-

graph (A)(i) with respect to a major drug producing country or

drug-transit country which is also a producer of licit opium only if

the President determines that such country has taken steps to pre-

vent significant diversion of its licit cultivation and production into

the illicit market, maintains production and stockpiles at levels no

higher than those consistent with licit market demand, and pre-

vents illicit cultivation and production.

(2) In determining whether to make the certification required

by paragraph (1) with respect to a country, the President shall con-

sider the following:

(A) Have the actions of the government of that country re-

sulted in the maximum reductions in illicit drug production

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00182 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

183 Sec. 802 TRADE ACT OF 1974

which were determined to be achievable pursuant to section

481(e)(4) of the Foreign Assistance Act of 1961? In the case of

a major drug producing country, the President shall give fore-

most consideration, in determining whether to make the cer-

tification required by paragraph (1), to whether the govern-

ment of that country has taken actions which have resulted in

such reductions.

(B) Has that government taken the legal and law enforce-

ment measures to enforce in its territory, to the maximum ex-

tent possible, the elimination of illicit cultivation and the sup-

pression of illicit manufacturing of and trafficking in narcotic

and psychotropic drugs and other controlled substances, as evi-

denced by seizures of such drugs and substances and of illicit

laboratories and the arrest and prosecution of violators in-

volved in the traffic in such drugs and substances significantly

affecting the United States?

ment steps necessary to eliminate, to the maximum extent pos-

sible, the laundering in that country of drug-related profits or

drug-related moneys, as evidenced by—

(i) the enactment and enforcement by that government

of laws prohibiting such conduct,

(ii) that government entering into, and cooperating

under the terms of, mutual legal assistance agreements

with the United States governing (but not limited to)

money laundering, and

(iii) the degree to which that government otherwise co-

operates with United States law enforcement authorities

on anti-money laundering efforts?

(D) Has that government taken the legal and law enforce-

ment steps necessary to eliminate, to the maximum extent pos-

sible, bribery and other forms of public corruption which facili-

tate the illicit production, processing, or shipment of narcotic

and psychotropic drugs and other controlled substances, or

which discourage the investigation and prosecution of such

acts, as evidenced by the enactment and enforcement of laws

prohibiting such conduct?

(E) Has that government, as a matter of government pol-

icy, encouraged or facilitated the production or distribution of

illicit narcotic and psychotropic drugs and other controlled sub-

stances?

(F) Does any senior official of that government engage in,

encourage, or facilitate the production or distribution of illicit

narcotic and psychotropic drugs and other controlled sub-

stances?

(G) Has that government investigated aggressively all

cases in which any member of an agency of the United States

Government engaged in drug enforcement activities since Jan-

uary 1, 1985, has been the victim of acts or threats of violence,

inflicted by or with the complicity of any law enforcement or

other officer of such country or any political subdivision there-

of, and has energetically sought to bring the perpetrators of

such offense or offenses to justice?

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00183 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

184 Sec. 802 TRADE ACT OF 1974

(H) Having been requested to do so by the United States

Government, does that government fail to provide reasonable

cooperation to lawful activities of United States drug enforce-

ment agents, including the refusal of permission to such agents

engaged in interdiction of aerial smuggling into the United

States to pursue suspected aerial smugglers a reasonable dis-

tance into the airspace of the requested country?

(I) Has that government made necessary changes in legal

codes in order to enable law enforcement officials to move more

effectively against narcotics traffickers, such as new conspiracy

laws and new asset seizure laws?

(J) Has that government expeditiously processed United

States extradition requests relating to narcotics trafficking?

(K) Has that government refused to protect or give haven

to any known drug traffickers, and has it expeditiously proc-

essed extradition requests relating to narcotics trafficking

made by other countries?

(3) Subsection (a) shall apply to a country without regard to

paragraph (1) of this subsection if the Congress enacts, within 45

days of continuous session after receipt of a certification under

paragraph (1), a joint resolution disapproving the determination of

the President contained in that certification.

(4) If the President takes action under subsection (a), that ac-

tion shall remain in effect until—

(A) the President makes the certification under paragraph

(1), a period of 45 days of continuous session of Congress

elapses, and during that period the Congress does not enact a

joint resolution of disapproval; or

(B) the President submits at any other time a certification

of the matters discribed in paragraph (1) with respect to that

country, a period of 45 days of continuous session of Congress

elapses, and during that period the Congress does not enact a

joint resolution of disapproving the determination contained in

that certification.

(5) For the purpose of expediting the consideration and enact-

ment of joint resolutions under paragraphs (3) and (4)—

(A) a motion to proceed to the consideration of any such

joint resolution after it has been reported by the Committee on

Ways and Means shall be treated as highly privileged in the

House of Representatives; and

(B) a motion to proceed to the consideration of any such

joint resolution after it has been reported by the Committee on

Finance shall be treated as privileged in the Senate.

URATION OF

CTION

.—The action taken by the President

under paragraph (1), (2), or (3) of subsection (a) shall apply to the

products of a foreign country that are entered, or withdrawn from

warehouse for consumption, during the period that such action is

in effect.

(d) P

RESIDENTIAL

CTION

EGARDING

VIATION

.—

(1)(A) The President is authorized to notify the govern-

ment of a country against which is imposed the sanction de-

scribed in subsection (a)(4) of his intention to suspend the au-

thority of foreign air carriers owned or controlled by the gov-

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00184 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

185 Sec. 803 TRADE ACT OF 1974

ernment or nationals of that country to engage in foreign air

transportation to or from the United States.

(B) Within 10 days after the date of notification of a gov-

ernment under subparagraph (A), the Secretary of Transpor-

tation shall take all steps necessary to suspend at the earliest

possible date the authority of any foreign air carrier owned or

controlled, directly or indirectly, by the government or nation-

als of that country to engage in foreign air transportation to

or from the United States, notwithstanding any agreement re-

lating to air services.

portation to take such steps as may be necessary to suspend

the authority of any air carrier to engage in foreign air trans-

portation between the United States and that country.

(2)(A) The President may direct the Secretary of State to

terminate any air service agreement between the United

States and a country against which the sanction described in

subsection (a)(4) is imposed in accordance with the provisions

of that agreement.

(B) Upon termination of an agreement under this para-

graph, the Secretary of Transportation shall take such steps as

may be necessary to revoke at the earliest possible date the

right of any foreign air carrier owned, or controlled, directly or

indirectly, by the government or nationals of that country to

engage in foreign air transportation to or from the United

States.

graph, the Secretary of Transportation may also revoke the au-

thority of any air carrier to engage in foreign air transpor-

tation between the United States and that country.

(3) The Secretary of Transportation may provide for such

exceptions from paragraphs (1) and (2) as the Secretary con-

siders necessary to provide for emergencies in which the safety

of an aircraft or its crew or passengers is threatened.

(4) For purposes of this subsection, the terms ‘‘air trans-

portation’’, ‘‘air carrier’’, ‘‘foreign air carrier’’ and ‘‘foreign air

transportation’’ have the meanings such terms have under sec-

tion 101 of the Federal Aviation Act of 1958 (49 U.S.C. App.

1301).

(e) For each calendar year, the Secretary of State, after con-

sultation with the appropriate committees of the Congress, shall

establish numerical standards and other guidelines for determining

which countries will be considered to be major drug-transit coun-

tries under section 805(3)(A) and (B).

ø19 U.S.C. 2492¿

SEC. 803. SUGAR QUOTA.

Notwithstanding any other provision of law, the President may

not allocate any limitation imposed on the quantity of sugar to any

country which has a Government involved in the trade of illicit

narcotics or is failing to cooperate with the United States in nar-

cotics enforcement activities as defined in section 802(b) as deter-

mined by the President.

ø19 U.S.C. 2493¿

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00185 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

186 Sec. 804 TRADE ACT OF 1974

SEC. 804. PROGRESS REPORTS.

The President shall include as a part of the annual report re-

quired under section 489 of the Foreign Assistance Act of 1961 (22

U.S.C. 2291h) an evaluation of progress that each major drug pro-

ducing country and each major drug-transit country has made dur-

ing the reporting period in achieving the objectives set forth in sec-

tion 802(b).

ø19 U.S.C. 2494¿

SEC. 805. DEFINITIONS.

For purposes of this title—

(1) continuity of a session of Congress is broken only by an

adjournment of the Congress sine die, and the days on which

either House is not in session because of an adjournment of

more than three days to a day certain are excluded in the com-

putation of the period indicated;

(2) the term ‘‘major drug producing country’’ means a coun-

try that illicitly produces during a fiscal year 5 metric tons or

more of opium or opium derivative, 500 metric tons or more of

coca, or 500 metric tons or more of marijuana;

(3) the term ‘‘major drug-transit country’’ means a coun-

try—

(A) that is a significant direct source of illicit narcotic

or psychotropic drugs or other controlled substances sig-

nificantly affecting the United States;

(B) through which are transported such drugs or sub-

stances; or

profits or monies are laundered with the knowledge or

complicity of the government; and

(4) the term ‘‘narcotic and psychotropic drugs and other

controlled substances’’ has the same meaning as is given by

any applicable international narcotics control agreement or do-

mestic law of the country or countries concerned.

ø19 U.S.C. 2495¿

TITLE IX—SUPPLEMENTAL

AGRICULTURAL DISASTER ASSISTANCE

SEC. 901. SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE.

(a) D

EFINITIONS

.—In this section:

(1) A

CTUAL PRODUCTION HISTORY YIELD

.—The term ‘‘actual

production history yield’’ means the weighted average of the

actual production history for each insurable commodity or non-

insurable commodity, as calculated under the Federal Crop In-

surance Act (7 U.S.C. 1501 et seq.) or the noninsured crop dis-

aster assistance program, respectively.

(2) A

CTUAL PRODUCTION ON THE FARM

.—The term ‘‘actual

production on the farm’’ means the sum of the value of all

crops produced on the farm, as determined under subsection

(b)(6)(B).

(3) A

DJUSTED ACTUAL PRODUCTION HISTORY YIELD

.—The

term ‘‘adjusted actual production history yield’’ means—

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00186 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

187 Sec. 901 TRADE ACT OF 1974

Margins so in law.

(A) in the case of an eligible producer on a farm that

has at least 4 years of actual production history yields for

an insurable commodity that are established other than

pursuant to section 508(g)(4)(B) of the Federal Crop Insur-

ance Act (7 U.S.C. 1508(g)(4)(B)), the actual production

history for the eligible producer without regard to any

yields established under that section;

(B) in the case of an eligible producer on a farm that

has less than 4 years of actual production history yields for

an insurable commodity, of which 1 or more were estab-

lished pursuant to section 508(g)(4)(B) of that Act, the ac-

tual production history for the eligible producer as cal-

culated without including the lowest of the yields estab-

lished pursuant to section 508(g)(4)(B) of that Act; and

the eligible producer on a farm.

(4) A

DJUSTED NONINSURED CROP DISASTER ASSISTANCE PRO

GRAM YIELD

.—The term ‘‘adjusted noninsured crop disaster as-

sistance program yield’’ means—

(A) in the case of an eligible producer on a farm that

has at least 4 years of production history under the non-

insured crop disaster assistance program that are not re-

placement yields, the noninsured crop disaster assistance

program yield without regard to any replacement yields;

(B) in the case of an eligible producer on a farm that

has less than 4 years of production history under the non-

insured crop disaster assistance program that are not re-

placement yields, the noninsured crop disaster assistance

program yield as calculated without including the lowest of

the replacement yields; and

gible producer on the farm under the noninsured crop dis-

aster assistance program.

(5) C

OUNTER

CYCLICAL PROGRAM PAYMENT YIELD

.—The

term ‘‘counter-cyclical program payment yield’’ means the

weighted average payment yield established under under—

(i)

section 1102 or 1302 of the Farm Security

and Rural Investment Act of 2002 (7 U.S.C. 7912,

7952);

(ii)

section 1102 or 1301(6) of the Food, Con-

servation, and Energy Act of 2008 (7 U.S.C. 8712,

8751(6)); or

(iii)

a successor section.

(6) C

ROP OF ECONOMIC SIGNIFICANCE

.—The term ‘‘crop of

economic significance’’ shall have the uniform meaning given

the term by the Secretary for purposes of subsections (b)(1)(B)

and (g)(6).

(7) D

ISASTER COUNTY

.—

(A) I

N GENERAL

.—The term ‘‘disaster county’’ means a

county included in the geographic area covered by a quali-

fying natural disaster declaration.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00187 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

188 Sec. 901 TRADE ACT OF 1974

(B) I

NCLUSION

.—The term ‘‘disaster county’’ includes—

(i) a county contiguous to a county described in

subparagraph (A); and

(ii) any farm in which, during a calendar year the

actual production on the farm is less than 50 percent

of the normal production on the farm.

(8) E

LIGIBLE PRODUCER ON A FARM

.—

(A) I

N GENERAL

.—The term ‘‘eligible producer on a

farm’’ means an individual or entity described in subpara-

graph (B) that, as determined by the Secretary, assumes

the production and market risks associated with the agri-

cultural production of crops or livestock.

(B) D

ESCRIPTION

.—An individual or entity referred to

in subparagraph (A) is—

(i) a citizen of the United States;

(ii) a resident alien;

(iii) a partnership of citizens of the United States;

(iv) a corporation, limited liability corporation, or

other farm organizational structure organized under

State law.

(9) F

ARM

.—

(A) I

N GENERAL

.—The term ‘‘farm’’ means, in relation

to an eligible producer on a farm, the sum of all crop acre-

age in all counties that is planted or intended to be plant-

ed for harvest for sale or on-farm livestock feeding (includ-

ing native grassland intended for haying) by the eligible

producer.

(B) A

QUACULTURE

.—In the case of aquaculture, the

term ‘‘farm’’ means, in relation to an eligible producer on

a farm, all fish being produced in all counties that are in-

tended to be harvested for sale by the eligible producer.

ONEY

.—In the case of honey, the term ‘‘farm’’

means, in relation to an eligible producer on a farm, all

bees and beehives in all counties that are intended to be

harvested for a honey crop for sale by the eligible pro-

ducer.

(10) F

ARM

RAISED FISH

.—The term ‘‘farm-raised fish’’

means any aquatic species that is propagated and reared in a

controlled environment.

(11) I

NSURABLE COMMODITY

.—The term ‘‘insurable com-

modity’’ means an agricultural commodity (excluding livestock)

for which the producer on a farm is eligible to obtain a policy

or plan of insurance under the Federal Crop Insurance Act (7

U.S.C. 1501 et seq.).

(12) L

IVESTOCK

.—The term ‘‘livestock’’ includes—

(A) cattle (including dairy cattle);

(B) bison;

(D) sheep;

(E) swine;

(F) horses; and

(G) other livestock, as determined by the Secretary.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00188 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

189 Sec. 901 TRADE ACT OF 1974

(13) N

ONINSURABLE COMMODITY

.—The term ‘‘noninsurable

commodity’’ means a crop for which the eligible producers on

a farm are eligible to obtain assistance under the noninsured

crop assistance program.

(14) N

ONINSURED CROP ASSISTANCE PROGRAM

.—The term

‘‘noninsured crop assistance program’’ means the program car-

ried out under section 196 of the Federal Agriculture Improve-

ment and Reform Act of 1996 (7 U.S.C. 7333).

(15) N

ORMAL PRODUCTION ON THE FARM

.—The term ‘‘nor-

mal production on the farm’’ means the sum of the expected

revenue for all crops on the farm, as determined under sub-

section (b)(6)(A).

(16) Q

UALIFYING NATURAL DISASTER DECLARATION

.—The

term ‘‘qualifying natural disaster declaration’’ means a natural

disaster declared by the Secretary for production losses under

section 321(a) of the Consolidated Farm and Rural Develop-

ment Act (7 U.S.C. 1961(a)).

(17) S

ECRETARY

.—The term ‘‘Secretary’’ means the Sec-

retary of Agriculture.

(18) S

OCIALLY DISADVANTAGED FARMER OR RANCHER

.—The

term ‘‘socially disadvantaged farmer or rancher’’ has the mean-

ing given the term in section 2501(e) of the Food, Agriculture,

Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)).

(19) S

TATE

.—The term ‘‘State’’ means—

(A) a State;

(B) the District of Columbia;

(D) any other territory or possession of the United

States.

(20) T

RUST FUND

.—The term ‘‘Trust Fund’’ means the Ag-

ricultural Disaster Relief Trust Fund established under section

902.

(21) U

NITED STATES

.—The term ‘‘United States’’ when used

in a geographical sense, means all of the States.

(b) S

UPPLEMENTAL

EVENUE

SSISTANCE

AYMENTS

.—

(1) P

AYMENTS

.—

(A) I

N GENERAL

.—The Secretary shall use such sums

as are necessary from the Trust Fund to make crop dis-

aster assistance payments to eligible producers on farms in

disaster counties that have incurred crop production losses

or crop quality losses, or both, during the crop year.

(B) C

ROP LOSS

.—To be eligible for crop loss assistance

under this subsection, the actual production on the farm

for at least 1 crop of economic significance shall be reduced

by at least 10 percent due to disaster, adverse weather, or

disaster-related conditions.

(2) A

MOUNT

.—

(A) I

N GENERAL

.—Subject to subparagraph (B), the

Secretary shall provide crop disaster assistance payments

under this section to an eligible producer on a farm in an

amount equal to 60 percent of the difference between—

(i) the disaster assistance program guarantee, as

described in paragraph (3); and

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00189 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

190 Sec. 901 TRADE ACT OF 1974

(ii) the total farm revenue for a farm, as described

in paragraph (4).

(B) L

IMITATION

.—The disaster assistance program

guarantee for a crop used to calculate the payments for a

farm under subparagraph (A)(i) may not be greater than

90 percent of the sum of the expected revenue, as de-

scribed in paragraph (5) for each of the crops on a farm,

as determined by the Secretary.

XCLUSION OF SUBSEQUENTLY PLANTED CROPS

.—In

calculating the disaster assistance program guarantee

under paragraph (3) and the total farm revenue under

paragraph (4), the Secretary shall not consider the value

of any crop that—

(i) is produced on land that is not eligible for a

policy or plan of insurance under the Federal Crop In-

surance Act (7 U.S.C. 1501 et seq.) or assistance under

the noninsured crop assistance program; or

(ii) is subsequently planted on the same land dur-

ing the same crop year as the crop for which disaster

assistance is provided under this subsection, except in

areas in which double-cropping is a normal practice,

as determined by the Secretary.

(3) S

UPPLEMENTAL REVENUE ASSISTANCE PROGRAM GUAR

ANTEE

.—

(A) I

N GENERAL

.—Except as otherwise provided in this

paragraph, the supplemental assistance program guar-

antee shall be the sum obtained by adding—

(i) for each insurable commodity on the farm, 115

percent of the product obtained by multiplying—

(I) a payment rate for the commodity that is

equal to the price election for the commodity elect-

ed by the eligible producer;

(II) the payment acres for the commodity that

is equal to the number of acres planted, or pre-

vented from being planted, to the commodity;

(III) the payment yield for the commodity that

is equal to the percentage of the crop insurance

yield elected by the producer of the higher of—

(aa) the adjusted actual production his-

tory yield; or

(bb) the counter-cyclical program payment

yield for each crop; and

(ii) for each noninsurable commodity on a farm,

120 percent of the product obtained by multiplying—

(I) a payment rate for the commodity that is

equal to 100 percent of the noninsured crop assist-

ance program established price for the commodity;

(II) the payment acres for the commodity that

is equal to the number of acres planted, or pre-

vented from being planted, to the commodity; and

(III) the payment yield for the commodity that

is equal to 50 percent of the higher of—

(aa) the adjusted noninsured crop assist-

ance program yield; or

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00190 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

191 Sec. 901 TRADE ACT OF 1974

(bb) the counter-cyclical program payment

yield for each crop.

(B) A

DJUSTMENT INSURANCE GUARANTEE

.—Notwith-

standing subparagraph (A), in the case of an insurable

commodity for which a plan of insurance provides for an

adjustment in the guarantee, such as in the case of pre-

vented planting, the adjusted insurance guarantee shall be

the basis for determining the disaster assistance program

guarantee for the insurable commodity.

DJUSTED ASSISTANCE LEVEL

.—Notwithstanding

subparagraph (A), in the case of a noninsurable commodity

for which the noninsured crop assistance program provides

for an adjustment in the level of assistance, such as in the

case of unharvested crops, the adjusted assistance level

shall be the basis for determining the disaster assistance

program guarantee for the noninsurable commodity.

(D) E

QUITABLE TREATMENT FOR NON

YIELD BASED POLI

CIES

.—The Secretary shall establish equitable treatment

for non-yield based policies and plans of insurance, such as

the Adjusted Gross Revenue Lite insurance program.

(4) F

ARM REVENUE

.—

(A) I

N GENERAL

.—For purposes of this subsection, the

total farm revenue for a farm, shall equal the sum ob-

tained by adding—

(i) the estimated actual value for each crop pro-

duced on a farm by using the product obtained by mul-

tiplying—

(I) the actual production by crop on a farm for

purposes of determining losses under the Federal

Crop Insurance Act (7 U.S.C. 1501 et seq.) or the

noninsured crop assistance program; and

(II) subject to subparagraphs (B) and (C), to

the extent practicable, the national average mar-

ket price received for the marketing year, as de-

termined by the Secretary;

(ii) 15 percent of amount of any direct payments

made to the producer under sections 1103 and 1303 of

the Food, Conservation, and Energy Act of 2008 or

successor sections;

(iii) the total amount of any counter-cyclical pay-

ments made to the producer under sections 1104 and

1304 of the Food, Conservation, and Energy Act of

2008 or successor sections or of any average crop rev-

enue election payments made to the producer under

section 1105 of that Act;

(iv) the total amount of any loan deficiency pay-

ments, marketing loan gains, and marketing certifi-

cate gains made to the producer under subtitles B and

C of the Food, Conservation, and Energy Act of 2008

or successor subtitles;

(v) the amount of payments for prevented planting

on a farm;

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00191 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

192 Sec. 901 TRADE ACT OF 1974

(vi) the amount of crop insurance indemnities re-

ceived by an eligible producer on a farm for each crop

on a farm;

(vii) the amount of payments an eligible producer

on a farm received under the noninsured crop assist-

ance program for each crop on a farm; and

(viii) the value of any other natural disaster as-

sistance payments provided by the Federal Govern-

ment to an eligible producer on a farm for each crop

on a farm for the same loss for which the eligible pro-

ducer is seeking assistance.

(B) A

DJUSTMENT

.—The Secretary shall adjust the av-

erage market price received by the eligible producer on a

farm—

(i) to reflect the average quality discounts applied

to the local or regional market price of a crop or me-

chanically harvested forage due to a reduction in the

intrinsic characteristics of the production resulting

from adverse weather, as determined annually by the

State office of the Farm Service Agency;

(ii) to account for a crop the value of which is re-

duced due to excess moisture resulting from a dis-

aster-related condition; and

(iii) as the Secretary determines appropriate, to

reflect regional variations in a manner consistent with

the operation of the Federal crop insurance program

under the Federal Crop Insurance Act (7 U.S.C. 1501

et seq.) and the noninsured crop assistance program.

AXIMUM AMOUNT FOR CERTAIN CROPS

.—With re-

spect to a crop for which an eligible producer on a farm re-

ceives assistance under the noninsured crop assistance

program, the national average market price received dur-

ing the marketing year shall be an amount not more than

100 percent of the price of the crop established under the

noninsured crop assistance program.

(5) E

XPECTED REVENUE

.—The expected revenue for each

crop on a farm shall equal—

(A) for each insurable commodity, the product ob-

tained by multiplying—

(i) the greater of—

(I) the adjusted actual production history

yield of the eligible producer on a farm; and

(II) the counter-cyclical program payment

yield;

(ii) the acreage planted or prevented from being

planted for each crop; and

(iii) 100 percent of the price election for the com-

modity used to calculate an indemnity for an applica-

ble policy of insurance if an indemnity is triggered;

and

(B) for each noninsurable crop, the product obtained

by multiplying—

(i) 100 percent of the adjusted noninsured crop as-

sistance program yield;

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00192 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

193 Sec. 901 TRADE ACT OF 1974

(ii) the acreage planted or prevented from being

planted for each crop; and

(iii) 100 percent of the noninsured crop assistance

program price for each of the crops on a farm.

(6) P

RODUCTION ON THE FARM

.—

(A) N

ORMAL PRODUCTION ON THE FARM

.—The normal

production on the farm shall equal the sum of the expected

revenue for each crop on a farm as determined under para-

graph (5).

(B) A

CTUAL PRODUCTION ON THE FARM

.—The actual

production on the farm shall equal the sum obtained by

adding—

(i) for each insurable commodity on the farm, the

product obtained by multiplying—

(I) 100 percent of the price election for the

commodity used to calculate an indemnity for an

applicable policy of insurance if an indemnity is

triggered; and

(II) the quantity of the commodity produced

on the farm, adjusted for quality losses; and

(ii) for each noninsurable commodity on a farm,

the product obtained by multiplying—

(I) 100 percent of the noninsured crop assist-

ance program established price for the commodity;

and

(II) the quantity of the commodity produced

on the farm, adjusted for quality losses.

IVESTOCK

NDEMNITY

AYMENTS

.—

(1) P

AYMENTS

.—The Secretary shall use such sums as are

necessary from the Trust Fund to make livestock indemnity

payments to eligible producers on farms that have incurred

livestock death losses in excess of the normal mortality due to

adverse weather, as determined by the Secretary, during the

calendar year, including losses due to hurricanes, floods, bliz-

zards, disease, wildfires, extreme heat, and extreme cold.

(2) P

AYMENT RATES

.—Indemnity payments to an eligible

producer on a farm under paragraph (1) shall be made at a

rate of 75 percent of the market value of the applicable live-

stock on the day before the date of death of the livestock, as

determined by the Secretary.

(d) L

IVESTOCK

ORAGE

ISASTER

ROGRAM

.—

(1) D

EFINITIONS

.—In this subsection:

(A) C

OVERED LIVESTOCK

.—

(i) I

N GENERAL

.—The term ‘‘covered livestock’’

means livestock of an eligible livestock producer that,

during the 60 days prior to the beginning date of a

qualifying drought or fire condition, as determined by

the Secretary, the eligible livestock producer—

(I) owned;

(II) leased;

(III) purchased;

(IV) entered into a contract to purchase;

(V) is a contract grower; or

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00193 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

194 Sec. 901 TRADE ACT OF 1974

(VI) sold or otherwise disposed of due to quali-

fying drought conditions during—

(aa) the current production year; or

(bb) subject to paragraph (3)(B)(ii), 1 or

both of the 2 production years immediately

preceding the current production year.

(ii) E

XCLUSION

.—The term ‘‘covered livestock’’ does

not include livestock that were or would have been in

a feedlot, on the beginning date of the qualifying

drought or fire condition, as a part of the normal busi-

ness operation of the eligible livestock producer, as de-

termined by the Secretary.

(B) D

ROUGHT MONITOR

.—The term ‘‘drought monitor’’

means a system for classifying drought severity according

to a range of abnormally dry to exceptional drought, as de-

fined by the Secretary.

LIGIBLE LIVESTOCK PRODUCER

.—

(i) I

N GENERAL

.—The term ‘‘eligible livestock pro-

ducer’’ means an eligible producer on a farm that—

(I) is an owner, cash or share lessee, or con-

tract grower of covered livestock that provides the

pastureland or grazing land, including cash-leased

pastureland or grazing land, for the livestock;

(II) provides the pastureland or grazing land

for covered livestock, including cash-leased

pastureland or grazing land that is physically lo-

cated in a county affected by drought;

(III) certifies grazing loss; and

(IV) meets all other eligibility requirements

established under this subsection.

(ii) E

XCLUSION

.—The term ‘‘eligible livestock pro-

ducer’’ does not include an owner, cash or share lessee,

or contract grower of livestock that rents or leases

pastureland or grazing land owned by another person

on a rate-of-gain basis.

(D) N

ORMAL CARRYING CAPACITY

.—The term ‘‘normal

carrying capacity’’, with respect to each type of grazing

land or pastureland in a county, means the normal car-

rying capacity, as determined under paragraph (3)(D)(i),

that would be expected from the grazing land or

pastureland for livestock during the normal grazing pe-

riod, in the absence of a drought or fire that diminishes

the production of the grazing land or pastureland.

(E) N

ORMAL GRAZING PERIOD

.—The term ‘‘normal graz-

ing period’’, with respect to a county, means the normal

grazing period during the calendar year for the county, as

determined under paragraph (3)(D)(i).

(2) P

ROGRAM

.—The Secretary shall use such sums as are

necessary from the Trust Fund to provide compensation for

losses to eligible livestock producers due to grazing losses for

covered livestock due to—

(A) a drought condition, as described in paragraph (3);

(B) fire, as described in paragraph (4).

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00194 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

195 Sec. 901 TRADE ACT OF 1974

(3) A

SSISTANCE FOR LOSSES DUE TO DROUGHT CONDI

TIONS

.—

(A) E

LIGIBLE LOSSES

.—An eligible livestock producer

may receive assistance under this subsection only for graz-

ing losses for covered livestock that occur on land that—

(i) is native or improved pastureland with perma-

nent vegetative cover; or

(i) is planted to a crop planted specifically for the

purpose of providing grazing for covered livestock.

(B) M

ONTHLY PAYMENT RATE

.—

(i) I

N GENERAL

.—Except as provided in clause (ii),

the payment rate for assistance under this paragraph

for 1 month shall, in the case of drought, be equal to

60 percent of the lesser of—

(I) the monthly feed cost for all covered live-

stock owned or leased by the eligible livestock pro-

ducer, as determined under subparagraph (C); or

(II) the monthly feed cost calculated by using

the normal carrying capacity of the eligible graz-

ing land of the eligible livestock producer.

(ii) P

ARTIAL COMPENSATION

.—In the case of an eli-

gible livestock producer that sold or otherwise dis-

posed of covered livestock due to drought conditions in

1 or both of the 2 production years immediately pre-

ceding the current production year, as determined by

the Secretary, the payment rate shall be 80 percent of

the payment rate otherwise calculated in accordance

with clause (i).

ONTHLY FEED COST

.—

(i) I

N GENERAL

.—The monthly feed cost shall

equal the product obtained by multiplying—

(I) 30 days;

(II) a payment quantity that is equal to the

feed grain equivalent, as determined under clause

(ii); and

(III) a payment rate that is equal to the corn

price per pound, as determined under clause (iii).

(ii) F

EED GRAIN EQUIVALENT

.—For purposes of

clause (i)(I), the feed grain equivalent shall equal—

(I) in the case of an adult beef cow, 15.7

pounds of corn per day; or

(II) in the case of any other type of weight of

livestock, an amount determined by the Secretary

that represents the average number of pounds of

corn per day necessary to feed the livestock.

(iii) C

ORN PRICE PER POUND

.—For purposes of

clause (i)(II), the corn price per pound shall equal the

quotient obtained by dividing—

(I) the higher of—

(aa) the national average corn price per

bushel for the 12-month period immediately

preceding March 1 of the year for which the

disaster assistance is calculated; or

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00195 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

196 Sec. 901 TRADE ACT OF 1974

(bb) the national average corn price per

bushel for the 24-month period immediately

preceding that March 1; by

(II) 56.

(D) N

ORMAL GRAZING PERIOD AND DROUGHT MONITOR

INTENSITY

.—

(i) FSA

COUNTY COMMITTEE DETERMINATIONS

.—

(I) I

N GENERAL

.—The Secretary shall deter-

mine the normal carrying capacity and normal

grazing period for each type of grazing land or

pastureland in the county served by the applicable

committee.

(II) C

HANGES

.—No change to the normal car-

rying capacity or normal grazing period estab-

lished for a county under subclause (I) shall be

made unless the change is requested by the appro-

priate State and county Farm Service Agency

committees.

(ii) D

ROUGHT INTENSITY

.—

(I) D2.—An eligible livestock producer that

owns or leases grazing land or pastureland that is

physically located in a county that is rated by the

U.S. Drought Monitor as having a D2 (severe

drought) intensity in any area of the county for at

least 8 consecutive weeks during the normal graz-

ing period for the county, as determined by the

Secretary, shall be eligible to receive assistance

under this paragraph in an amount equal to 1

monthly payment using the monthly payment rate

determined under subparagraph (B).

(II) D3.—An eligible livestock producer that

owns or leases grazing land or pastureland that is

physically located in a county that is rated by the

U.S. Drought Monitor as having at least a D3 (ex-

treme drought) intensity in any area of the county

at any time during the normal grazing period for

the county, as determined by the Secretary, shall

be eligible to receive assistance under this para-

graph—

(aa) in an amount equal to 2 monthly

payments using the monthly payment rate de-

termined under subparagraph (B); or

(bb) if the county is rated as having a D3

(extreme drought) intensity in any area of the

county for at least 4 weeks during the normal

grazing period for the county, or is rated as

having a D4 (exceptional drought) intensity in

any area of the county at any time during the

normal grazing period, in an amount equal to

3 monthly payments using the monthly pay-

ment rate determined under subparagraph

(B).

(4) A

SSISTANCE FOR LOSSES DUE TO FIRE ON PUBLIC MAN

AGED LAND

.—

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00196 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

197 Sec. 901 TRADE ACT OF 1974

(A) I

N GENERAL

.—An eligible livestock producer may

receive assistance under this paragraph only if—

(i) the grazing losses occur on rangeland that is

managed by a Federal agency; and

(ii) the eligible livestock producer is prohibited by

the Federal agency from grazing the normal permitted

livestock on the managed rangeland due to a fire.

(B) P

AYMENT RATE

.—The payment rate for assistance

under this paragraph shall be equal to 50 percent of the

monthly feed cost for the total number of livestock covered

by the Federal lease of the eligible livestock producer, as

determined under paragraph (3)(C).

AYMENT DURATION

.—

(i) I

N GENERAL

.—Subject to clause (ii), an eligible

livestock producer shall be eligible to receive assist-

ance under this paragraph for the period—

(I) beginning on the date on which the Fed-

eral agency excludes the eligible livestock pro-

ducer from using the managed rangeland for graz-

ing; and

(II) ending on the last day of the Federal

lease of the eligible livestock producer.

(ii) L

IMITATION

.—An eligible livestock producer

may only receive assistance under this paragraph for

losses that occur on not more than 180 days per year.

(5) M

INIMUM RISK MANAGEMENT PURCHASE REQUIRE

MENTS

.—

(A) I

N GENERAL

.—Except as otherwise provided in this

paragraph, a livestock producer shall only be eligible for

assistance under this subsection if the livestock producer—

(i) obtained a policy or plan of insurance under

the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.)

for the grazing land incurring the losses for which as-

sistance is being requested; or

(ii) filed the required paperwork, and paid the ad-

ministrative fee by the applicable State filing deadline,

for the noninsured crop assistance program for the

grazing land incurring the losses for which assistance

is being requested.

(B) W

AIVER FOR SOCIALLY DISADVANTAGED

LIMITED RE

SOURCE

OR BEGINNING FARMER OR RANCHER

.—In the case

of an eligible livestock producer that is a socially disadvan-

taged farmer or rancher or limited resource or beginning

farmer or rancher, as determined by the Secretary, the

Secretary may—

(i) waive subparagraph (A); and

(ii) provide disaster assistance under this sub-

section at a level that the Secretary determines to be

equitable and appropriate.

AIVER FOR 2008 CALENDAR YEAR

.—In the case of

an eligible livestock producer that suffered losses on graz-

ing land during the 2008 calendar year but does not meet

the requirements of subparagraph (A), the Secretary shall

waive subparagraph (A) if the eligible livestock producer

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00197 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

198 Sec. 901 TRADE ACT OF 1974

pays a fee in an amount equal to the applicable non-

insured crop assistance program fee or catastrophic risk

protection plan fee required under subparagraph (A) to the

Secretary not later than 90 days after the date of enact-

ment of this subtitle.

(D) E

QUITABLE RELIEF

.—

(i) I

N GENERAL

.—The Secretary may provide equi-

table relief to an eligible livestock producer that is oth-

erwise ineligible or unintentionally fails to meet the

requirements of subparagraph (A) for the grazing land

incurring the loss on a case-by-case basis, as deter-

mined by the Secretary.

(ii) 2008

CALENDAR YEAR

.—In the case of an eligi-

ble livestock producer that suffered losses on grazing

land during the 2008 calendar year, the Secretary

shall take special consideration to provide equitable

relief in cases in which the eligible livestock producer

failed to meet the requirements of subparagraph (A)

due to the enactment of this title after the closing date

of sales periods for crop insurance under the Federal

Crop Insurance Act (7 U.S.C. 1501 et seq.) and the

noninsured crop assistance program.

(6) N

O DUPLICATIVE PAYMENTS

.—

(A) I

N GENERAL

.—An eligible livestock producer may

elect to receive assistance for grazing or pasture feed

losses due to drought conditions under paragraph (3) or

fire under paragraph (4), but not both for the same loss,

as determined by the Secretary.

(B) R

ELATIONSHIP TO SUPPLEMENTAL REVENUE ASSIST

ANCE

.—An eligible livestock producer that receives assist-

ance under this subsection may not also receive assistance

for losses to crops on the same land with the same in-

tended use under subsection (b).

(e) E

MERGENCY

SSISTANCE FOR

IVESTOCK

, H

ONEY

EES

AND

ARM

-R

AISED

ISH

.—

(1) I

N GENERAL

.—The Secretary shall use up to

$50,000,000 per year from the Trust Fund to provide emer-

gency relief to eligible producers of livestock, honey bees, and

farm-raised fish to aid in the reduction of losses due to disease,

adverse weather, or other conditions, such as blizzards and

wildfires, as determined by the Secretary, that are not covered

under subsection (b), (c), or (d).

(2) U

SE OF FUNDS

.—Funds made available under this sub-

section shall be used to reduce losses caused by feed or water

shortages, disease, or other factors as determined by the Sec-

retary.

(3) A

VAILABILITY OF FUNDS

.—Any funds made available

under this subsection shall remain available until expended.

(f) T

REE

SSISTANCE

ROGRAM

.—

(1) D

EFINITIONS

.—In this subsection:

(A) E

LIGIBLE ORCHARDIST

.—The term ‘‘eligible orchard-

ist’’ means a person that produces annual crops from trees

for commercial purposes.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00198 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

199 Sec. 901 TRADE ACT OF 1974

(B) N

ATURAL DISASTER

.—The term ‘‘natural disaster’’

means plant disease, insect infestation, drought, fire,

freeze, flood, earthquake, lightning, or other occurrence, as

determined by the Secretary.

URSERY TREE GROWER

.—The term ‘‘nursery tree

grower’’ means a person who produces nursery, orna-

mental, fruit, nut, or Christmas trees for commercial sale,

as determined by the Secretary.

(D) T

REE

.—The term ‘‘tree’’ includes a tree, bush, and

vine.

(2) E

LIGIBILITY

.—

(A) L

OSS

.—Subject to subparagraph (B), the Secretary

shall use such sums as are necessary from the Trust Fund

to provide assistance—

(i) under paragraph (3) to eligible orchardists and

nursery tree growers that planted trees for commercial

purposes but lost the trees as a result of a natural dis-

aster, as determined by the Secretary; and

(ii) under paragraph (3)(B) to eligible orchardists

and nursery tree growers that have a production his-

tory for commercial purposes on planted or existing

trees but lost the trees as a result of a natural dis-

aster, as determined by the Secretary.

(B) L

IMITATION

.—An eligible orchardist or nursery tree

grower shall qualify for assistance under subparagraph (A)

only if the tree mortality of the eligible orchardist or nurs-

ery tree grower, as a result of damaging weather or related

condition, exceeds 15 percent (adjusted for normal mor-

tality).

(3) A

SSISTANCE

.—Subject to paragraph (4), the assistance

provided by the Secretary to eligible orchardists and nursery

tree growers for losses described in paragraph (2) shall consist

of—

(A)(i) reimbursement of 70 percent of the cost of re-

planting trees lost due to a natural disaster, as determined

by the Secretary, in excess of 15 percent mortality (ad-

justed for normal mortality); or

(ii) at the option of the Secretary, sufficient seedlings

to reestablish a stand; and

(B) reimbursement of 50 percent of the cost of prun-

ing, removal, and other costs incurred by an eligible or-

chardist or nursery tree grower to salvage existing trees

or, in the case of tree mortality, to prepare the land to re-

plant trees as a result of damage or tree mortality due to

a natural disaster, as determined by the Secretary, in ex-

cess of 15 percent damage or mortality (adjusted for nor-

mal tree damage and mortality).

(4) L

IMITATIONS ON ASSISTANCE

.—

(A) D

EFINITIONS OF LEGAL ENTITY AND PERSON

.—In

this paragraph, the terms ‘‘legal entity’’ and ‘‘person’’ have

the meaning given those terms in section 1001(a) of the

Food Security Act of 1985 (7 U.S.C. 1308(a) (as amended

by section 1603 of the Food, Conservation, and Energy Act

of 2008).

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00199 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

200 Sec. 901 TRADE ACT OF 1974

(B) A

MOUNT

.—The total amount of payments received,

directly or indirectly, by a person or legal entity (excluding

a joint venture or general partnership) under this sub-

section may not exceed $100,000 for any crop year, or an

equivalent value in tree seedlings.

CRES

.—The total quantity of acres planted to

trees or tree seedlings for which a person or legal entity

shall be entitled to receive payments under this subsection

may not exceed 500 acres.

(g) R

ISK

ANAGEMENT

URCHASE

EQUIREMENT

.—

(1) I

N GENERAL

.—Except as otherwise provided in this sec-

tion, the eligible producers on a farm shall not be eligible for

assistance under this section (other than subsections (c) and

(d)) if the eligible producers on the farm—

(A) in the case of each insurable commodity of the eli-

gible producers on the farm, excluding grazing land, did

not obtain a policy or plan of insurance under the Federal

Crop Insurance Act (7 U.S.C. 1501 et seq.) (excluding a

crop insurance pilot program under that Act); or

(B) in the case of each noninsurable commodity of the

eligible producers on the farm, did not file the required pa-

perwork, and pay the administrative fee by the applicable

State filing deadline, for the noninsured crop assistance

program.

(2) M

INIMUM

.—To be considered to have obtained insur-

ance under paragraph (1)(A), an eligible producer on a farm

shall have obtained a policy or plan of insurance with not less

than 50 percent yield coverage at 55 percent of the insurable

price for each crop planted or intended to be planted for har-

vest on a whole farm.

(3) W

AIVER FOR SOCIALLY DISADVANTAGED

LIMITED RE

SOURCE

OR BEGINNING FARMER OR RANCHER

.—With respect to

eligible producers that are socially disadvantaged farmers or

ranchers or limited resource or beginning farmers or ranchers,

as determined by the Secretary, the Secretary may—

(A) waive paragraph (1); and

(B) provide disaster assistance under this section at a

level that the Secretary determines to be equitable and ap-

propriate.

(4) W

AIVERS FOR CERTAIN CROP YEARS

.—

(A) 2008

CROP YEAR

.—In the case of an eligible pro-

ducer that suffered losses in an insurable commodity or

noninsurable commodity during the 2008 crop year but

does not meet the requirements of paragraph (1), the Sec-

retary shall waive paragraph (1) if the eligible producer

pays a fee in an amount equal to the applicable non-

insured crop assistance program fee or catastrophic risk

protection plan fee required under paragraph (1) to the

Secretary not later than 90 days after the date of enact-

ment of this subtitle.

(B) 2009

CROP YEAR

.—In the case of an insurable com-

modity or noninsurable commodity for the 2009 crop year

that does not meet the requirements of paragraph (1) and

the relevant crop insurance program sales closing date or

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00200 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

201 Sec. 901 TRADE ACT OF 1974

noninsured crop assistance program fee payment date was

prior to August 14, 2008, the Secretary shall waive para-

graph (1) if the eligible producer of the insurable com-

modity or noninsurable commodity pays a fee in an

amount equal to the applicable noninsured crop assistance

program fee or catastrophic risk protection plan fee re-

quired under paragraph (1) to the Secretary not later than

90 days after the date of enactment of this subparagraph.

(5) E

QUITABLE RELIEF

.—

(A) I

N GENERAL

.—The Secretary may provide equitable

relief to eligible producers on a farm that are otherwise in-

eligible or unintentionally fail to meet the requirements of

paragraph (1) for 1 or more crops on a farm on a case-by-

case basis, as determined by the Secretary.

(B) 2008

CROP YEAR

.—In the case of eligible producers

on a farm that suffered losses in an insurable commodity

or noninsurable commodity during the 2008 crop year, the

Secretary shall take special consideration to provide equi-

table relief in cases in which the eligible producers failed

to meet the requirements of paragraph (1) due to the en-

actment of this title after the closing date of sales periods

for crop insurance under the Federal Crop Insurance Act

(7 U.S.C. 1501 et seq.) and the noninsured crop assistance

program.

(6) D

E MINIMIS EXCEPTION

.—

(A) I

N GENERAL

.—For purposes of assistance under

subsection (b), at the option of an eligible producer on a

farm, the Secretary shall waive paragraph (1)—

(i) in the case of a portion of the total acreage of

a farm of the eligible producer that is not of economic

significance on the farm, as established by the Sec-

retary; or

(ii) in the case of a crop for which the administra-

tive fee required for the purchase of noninsured crop

disaster assistance coverage exceeds 10 percent of the

value of that coverage.

(B) T

REATMENT OF ACREAGE

.—The Secretary shall not

consider the value of any crop exempted under subpara-

graph (A) in calculating the supplemental revenue assist-

ance program guarantee under subsection (b)(3) and the

total farm revenue under subsection (b)(4).

(7) 2008

TRANSITION ASSISTANCE

.—

(A) I

N GENERAL

.—Eligible producers on a farm de-

scribed in subparagraph (A) of paragraph (4) that failed to

timely pay the appropriate fee described in that subpara-

graph shall be eligible for assistance under this section in

accordance with subparagraph (B) if the eligible producers

on the farm—

(i) pay the appropriate fee described in paragraph

(4)(A) not later than 90 days after the date of enact-

ment of this paragraph; and

(ii)(I) in the case of each insurable commodity of

the eligible producers on the farm, excluding grazing

land, agree to obtain a policy or plan of insurance

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00201 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

202 Sec. 901 TRADE ACT OF 1974

under the Federal Crop Insurance Act (7 U.S.C. 1501

et seq.) (excluding a crop insurance pilot program

under that Act) for the next insurance year for which

crop insurance is available to the eligible producers on

the farm at a level of coverage equal to 70 percent or

more of the recorded or appraised average yield in-

demnified at 100 percent of the expected market price,

or an equivalent coverage; and

(II) in the case of each noninsurable commodity of

the eligible producers on the farm, agree to file the re-

quired paperwork, and pay the administrative fee by

the applicable State filing deadline, for the noninsured

crop assistance program for the next year for which a

policy is available.

(B) A

MOUNT OF ASSISTANCE

.—Eligible producers on a

farm that meet the requirements of subparagraph (A) shall

be eligible to receive assistance under this section as if the

eligible producers on the farm—

(i) in the case of each insurable commodity of the

eligible producers on the farm, had obtained a policy

or plan of insurance for the 2008 crop year at a level

of coverage not to exceed 70 percent or more of the re-

corded or appraised average yield indemnified at 100

percent of the expected market price, or an equivalent

coverage; and

(ii) in the case of each noninsurable commodity of

the eligible producers on the farm, had filed the re-

quired paperwork, and paid the administrative fee by

the applicable State filing deadline, for the noninsured

crop assistance program for the 2008 crop year, except

that in determining the level of coverage, the Sec-

retary shall use 70 percent of the applicable yield.

QUITABLE RELIEF

.—Except as provided in sub-

paragraph (D), eligible producers on a farm that met the

requirements of paragraph (1) before the deadline de-

scribed in paragraph (4)(A) and are eligible to receive, a

disaster assistance payment under this section for a pro-

duction loss during the 2008 crop year shall be eligible to

receive an amount equal to the greater of—

(i) the amount that would have been calculated

under subparagraph (B) if the eligible producers on

the farm had paid the appropriate fee under that sub-

paragraph; or

(ii) the amount that would have been calculated

under subparagraph (A) of subsection (b)(3) if—

(I) in clause (i) of that subparagraph, ‘‘120

percent’’ is substituted for ‘‘115 percent’’; and

(II) in clause (ii) of that subparagraph, ‘‘125’’

is substituted for ‘‘120 percent’’.

(D) L

IMITATION

.—For amounts made available under

this paragraph, the Secretary may make such adjustments

as are necessary to ensure that no producer receives a pay-

ment under this paragraph for an amount in excess of the

assistance received by a similarly situated producer that

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00202 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

203 Sec. 901 TRADE ACT OF 1974

had purchased the same or higher level of crop insurance

prior to the date of enactment of this paragraph.

(E) A

UTHORITY OF THE SECRETARY

.—The Secretary

may provide such additional assistance as the Secretary

considers appropriate to provide equitable treatment for el-

igible producers on a farm that suffered production losses

in the 2008 crop year that result in multiyear production

losses, as determined by the Secretary.

(F) L

ACK OF ACCESS

.—Notwithstanding any other pro-

vision of this section, the Secretary may provide assistance

(including multiyear assistance) under this section to eligi-

ble producers on a farm that—

(i) suffered a production loss or multiyear

prdoduction losses due to a natural cause during the

2008 crop year; and

(ii) as determined by the Secretary—

(I)(aa) except as provided in item (bb), lack ac-

cess to a policy or plan of insurance under subtitle

A; or

(bb) do not qualify for a written agreement be-

cause 1 or more farming practices, which the Sec-

retary has determined are good farming practices,

of the eligible producers on the farm differ signifi-

cantly from the farming practices used by pro-

ducers of the same crop in other regions of the

United States; and

(II) are not eligible for the noninsured crop

disaster assistance program established by section

196 of the Federal Agriculture Improvement and

Reform Act of 1996 (7 U.S.C. 7333).

(h) P

AYMENT

IMITATIONS

.—

(1) D

EFINITIONS OF LEGAL ENTITY AND PERSON

.—In this

subsection, the terms ‘‘legal entity’’ and ‘‘person’’ have the

meaning given those terms in section 1001(a) of the Food Secu-

rity Act of 1985 (7 U.S.C. 1308(a) (as amended by section 1603

of the Food, Conservation, and Energy Act of 2008).

(2) A

MOUNT

.—The total amount of disaster assistance pay-

ments received, directly or indirectly, by a person or legal enti-

ty (excluding a joint venture or general partnership) under this

section (excluding payments received under subsection (f)) may

not exceed $100,000 for any crop year.

(3) AGI

LIMITATION

.—Section 1001D of the Food Security

Act of 1985 (7 U.S.C. 1308–3a) or any successor provision shall

apply with respect to assistance provided under this section.

(4) D

IRECT ATTRIBUTION

.—Subsections (e) and (f) of section

1001 of the Food Security Act of 1985 (7 U.S.C. 1308) or any

successor provisions relating to direct attribution shall apply

with respect to assistance provided under this section.

(5) T

RANSITION RULE

.—Sections 1001, 1001A, 1001B, and

1001D of the Food Security Act of 1985 (7 U.S.C. 1308 et seq.)

as in effect on September 30, 2007, shall continue to apply

with respect to 2008 crops.

(i) P

ERIOD OF

FFECTIVENESS

.—This section shall be effective

only for losses that are incurred as the result of a disaster, adverse

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00203 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

204 Sec. 902 TRADE ACT OF 1974

weather, or other environmental condition that occurs on or before

September 30, 2011, as determined by the Secretary.

(j) N

UPLICATIVE

AYMENTS

.—In implementing any other

program which makes disaster assistance payments (except for in-

demnities made under the Federal Crop Insurance Act (7 U.S.C.

1501 et seq.)) and section 196 of the Federal Agriculture Improve-

ment and Reform Act of 1996), the Secretary shall prevent duplica-

tive payments with respect to the same loss for which a person re-

ceives a payment under subsections (b), (c), (d), (e), or (f).

ø19 U.S.C. 2497¿

SEC. 902. AGRICULTURAL DISASTER RELIEF TRUST FUND.

(a) C

REATION OF

RUST

UND

.—There is established in the

Treasury of the United States a trust fund to be known as the ‘‘Ag-

ricultural Disaster Relief Trust Fund’’, consisting of such amounts

as may be appropriated or credited to such Trust Fund as provided

in this section.

(b) T

RANSFER TO

RUST

UND

.—

(1) I

N GENERAL

.—There are appropriated to the Agricul-

tural Disaster Relief Trust Fund amounts equivalent to 3.08

percent of the amounts received in the general fund of the

Treasury of the United States during fiscal years 2008 through

2011 attributable to the duties collected on articles entered, or

withdrawn from warehouse, for consumption under the Har-

monized Tariff Schedule of the United States.

(2) A

MOUNTS BASED ON ESTIMATES

.—The amounts appro-

priated under this section shall be transferred at least monthly

from the general fund of the Treasury of the United States to

the Agricultural Disaster Relief Trust Fund on the basis of es-

timates made by the Secretary of the Treasury. Proper adjust-

ments shall be made in the amounts subsequently transferred

to the extent prior estimates were in excess of or less than the

amounts required to be transferred.

(3) L

IMITATION ON TRANSFERS TO AGRICULTURAL DISASTER

RELIEF TRUST FUND

.—No amount may be appropriated to the

Agricultural Disaster Relief Trust Fund on and after the date

of any expenditure from the Agricultural Disaster Relief Trust

Fund which is not permitted by this section. The determination

of whether an expenditure is so permitted shall be made with-

out regard to—

(A) any provision of law which is not contained or ref-

erenced in this title or in a revenue Act, and

(B) whether such provision of law is a subsequently

enacted provision or directly or indirectly seeks to waive

the application of this paragraph.

DMINISTRATION

.—

(1) R

EPORTS

.—The Secretary of the Treasury shall be the

trustee of the Agricultural Disaster Relief Trust Fund and

shall submit an annual report to Congress each year on the fi-

nancial condition and the results of the operations of such

Trust Fund during the preceding fiscal year and on its ex-

pected condition and operations during the 4 fiscal years suc-

ceeding such fiscal year. Such report shall be printed as a

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00204 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

205 Sec. 903 TRADE ACT OF 1974

House document of the session of Congress to which the report

is made.

(2) I

NVESTMENT

.—

(A) I

N GENERAL

.—The Secretary of the Treasury shall

invest such portion of the Agricultural Disaster Relief

Trust Fund as is not in his judgment required to meet cur-

rent withdrawals. Such investments may be made only in

interest bearing obligations of the United States. For such

purpose, such obligations may be acquired—

(i) on original issue at the issue price, or

(ii) by purchase of outstanding obligations at the

market price.

(B) S

ALE OF OBLIGATIONS

.—Any obligation acquired by

the Agricultural Disaster Relief Trust Fund may be sold by

the Secretary of the Treasury at the market price.

NTEREST ON CERTAIN PROCEEDS

.—The interest on,

and the proceeds from the sale or redemption of, any obli-

gations held in the Agricultural Disaster Relief Trust Fund

shall be credited to and form a part of such Trust Fund.

(d) E

XPENDITURES

ROM

RUST

UND

.—Amounts in the Agri-

cultural Disaster Relief Trust Fund shall be available for the pur-

poses of making expenditures to meet those obligations of the

United States incurred under section 901 or section 531 of the Fed-

eral Crop Insurance Act (as such sections are in effect on the date

of the enactment of the Food, Conservation, and Energy Act of

2008).

(e) A

UTHORITY

ORROW

.—

(1) I

N GENERAL

.—There are authorized to be appropriated,

and are appropriated, to the Agricultural Disaster Relief Trust

Fund, as repayable advances, such sums as may be necessary

to carry out the purposes of such Trust Fund.

(2) R

EPAYMENT OF ADVANCES

.—

(A) I

N GENERAL

.—Advances made to the Agricultural

Disaster Relief Trust Fund shall be repaid, and interest on

such advances shall be paid, to the general fund of the

Treasury when the Secretary determines that moneys are

available for such purposes in such Trust Fund.

(B) R

ATE OF INTEREST

.—Interest on advances made

pursuant to this subsection shall be—

(i) at a rate determined by the Secretary of the

Treasury (as of the close of the calendar month pre-

ceding the month in which the advance is made) to be

equal to the current average market yield on out-

standing marketable obligations of the United States

with remaining periods to maturity comparable to the

anticipated period during which the advance will be

outstanding, and

(ii) compounded annually.

ø19 U.S.C. 2497a¿

SEC. 903. JURISDICTION.

Legislation in the Senate of the United States amending sec-

tion 901 or 902 shall be referred to the Committee on Finance of

the Senate.

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00205 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023

206 Sec. 903 TRADE ACT OF 1974

ø19 U.S.C. 2497b¿

VerDate Nov 24 2008 16:09 Jan 23, 2024 Jkt 000000 PO 00000 Frm 00206 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TAO1.BEL HOLC

January 23, 2024

G:\COMP\90-99\93-618.XML

As Amended Through P.L. 118-31, Enacted December 22, 2023