tion (c) on a continuing and timely basis. Such consultation 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 available to congressional advisers.

(j) PRIVATE ORGANIZATIONS OR GROUPS.-In addition to any advisory committee established under this section, the President shall provide adequate, timely and continuing opportunity for the submission 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 interests, and others, of statistics, data and other trade information, as well as policy recommendations, pertinent to any matter referred to in subsection (a).

(k) SCOPE OF PARTICIPATION BY MEMBERS OF ADVISORY COMMITTEES.-Nothing contained in this section shall be construed to authorize or permit any individual to participate directly in any negotiation of any matters referred to in subsection (a). To the maximum extent practicable, the members of the committees established under subsections (b) and (c), and other appropriate parties, shall be informed and consulted before and during any such negotiations. They may be designated as advisors to a negotiating delegation, and may be permitted to participate in international meetings to the extent the head of the United States delegation deems appropriate. However, they may not speak or negotiate for the United States.

(1) ADVISORY COMMITTEES ESTABLISHED BY DEPARTMENT OF AGRICULTURE.—The provisions of title XVIII of the Food and Agriculture Act of 1977 (7 U.S.C. 2281 et seq.) shall not apply to any advisory committee established under subsection (c).

(m) NON-FEDERAL GOVERNMENT DEFINED.-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;

or

(2) any agency or instrumentality of any entity described in paragraph (1).

CHAPTER 4-OFFICE OF THE UNITED STATES TRADE

REPRESENTATIVE 52

SEC. 141.53 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 54 (hereinafter in this section referred to as the "Office").

(b)(1) The Office shall be headed by the United States Trade Representative 54 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 54 submitted to the Senate for confirmation, and referred to a committee, shall be referred to the Committee on Finance. The United States Trade Representative 54 shall hold office at the pleasure of the President, shall be entitled to receive the same allowances as a chief of mission, and shall have the rank of Ambassador Extraordinary and Plenipotentiary.

(2) There shall be in the Office three Deputy United States Trade Representatives 55 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 55 submitted to the Senate for confirmation, and referred to a committee, shall be referred to the Committee on Finance. Each Deputy United States Trade Representative 55 shall hold the office at the pleasure of the President and shall have the rank of Ambassador. (3) 56 *

*

* [Repealed-1982]

(c) 57 (1) The United States Trade Representative shall—

(A) have primary responsibility for developing, and for coordinating 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 international trade policy and shall advise the President on the impact of other policies of the United States Government on international trade;

(C) have lead responsibility for the conduct of, and shall be the chief representative of the United States for, international trade negotiations, including 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 arising in

52 This chapter designation was substituted in lieu of "Office of the Special Representative for Trade Negotiations" by sec. 3(d)(3) of Public Law 97-456 (96 Stat. 2503).

53 19 U.S.C. 2171.

54 Sec. 3(d)(2)(D) of Public Law 97-456 (96 Stat. 2503) substituted the reference to the United States Trade Representative in lieu of a reference to the Special Representative for Trade Negotiations.

55 Sec. 3 of Public Law 97-456 (96 Stat. 2503) inserted the reference to the Deputy United States Trade Representative in lieu of a reference to the Deputy Special Representatives for Trade Negotiations and increased the number of deputies in the office of the United States Trade Representative from two to three.

56 Sec. 3(d)(1) of Public Law 97-456 (96 Stat. 2503) repealed par. (3) which had previously contained an amendment to 5 U.S.C. 5312 and 5314.

57 Sec. 141(c) was amended and restated by sec. 1601(a) of Public Law 100-418 (102 Stat. 1260),

the exercise of international trade functions, to the extent necessary to assure the coordination of international trade policy and consistent with any other law;

(E) act as the principal spokesman of the President on international trade;

(F) report directly to the President and the Congress regarding, and be responsible to the President and the Congress for the administration of, trade agreements programs;

(G) advise the President and Congress with respect to nontariff barriers to international trade, international commodity agreements, and other matters which are related to the trade agreements programs;

(H) be responsible for making reports to Congress with respect to matters referred to in subparagraphs (C) and (F);

(I) be chairman of the interagency trade organization established under section 242(a) of the Trade Expansion Act of 1962, and shall consult with and be advised by such organization 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 enactment of the Omnibus Trade and Competitiveness Act of 1988, be responsible for such other functions as the President may direct.

(2) 58 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 international 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) 58 The United States Trade Representative may

(A) delegate any of his functions, powers, and duties to such officers and employees of the Office as he may designate; and (B) authorize such successive redelegations of such functions, powers, and duties to such officers and employees of the Office as he may deem appropriate.

(4) 58 Each Deputy United States Trade Representative 59 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 54 may direct.

(d) 60 (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 to specific unfair trade practice cases;

58 Sec. 3(b)(1) of Public Law 97-456 (96 Stat. 2503) redesignated existing par. (2) as par. (3) and added a new par. (2). Sec. 1601(a)(2) of Public Law 100-418 (102 Stat. 1261) subsequently redesignated pars. (2) and (3) as pars. (3) and (4) and inserted a new par. (2).

5 Sec. 3(dX2XC) of Public Law 97-456 (96 Stat. 2503) substituted the reference to the Deputy United States Trade Representative in lieu of a reference to the Deputy Special Representative for Trade Negotiations.

60 Sec. 1601(b)(1) of Public Law 100-418 (102 Stat. 1261) redesignated subsecs. (d), (e), and (f) as subsecs. (e), (f), and (g), respectively, and inserted a new subsec. (d).

(B) identify, and refer to the appropriate Federal department 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 impact 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;

(C) identify practices having a significant adverse impact on United States commerce that the attainment of United States negotiating objectives would eliminate; and

(D) identify, on a biennial basis, those United States Government 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 representatives 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.

(C) The International Trade Administration (other than the United States and Foreign Commercial Service) of the Department of Commerce.

(D) The Foreign Agricultural Service of the Department of Agriculture.

The United States Trade Representative may also request the advice of the United States International Trade Commission regarding the carrying out of paragraph (1).

(3) For purposes of this subsection, the term "unfair trade practice" means any act, policy, or practice that

(A) may be a subsidy with respect to which countervailing duties may be imposed under subtitle A of title VII;

(B) may result in the sale or likely sale of foreign merchandise with respect to which antidumping duties may be imposed under subtitle B of title VII;

(C) may be either an unfair method of competition, or an 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) 60 The United States Trade Representative 54 may, for the purpose of carrying out his functions under this section

(1) subject to the civil service and classification laws, select, appoint, employ, and fix the compensation of such officers and

employees as are necessary and prescribe their authority and duties, 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; 61

(2) employ experts and consultants in accordance with section 3109 of title 5, United States Code, and compensate individuals so employed for each day (including traveltime) at rates not in excess of the maximum rate of pay for grade GS18 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 employees travel expenses and per diem in lieu of subsistence at rates authorized by section 5703 of title 5, United States Code, for persons in Government service employed intermittently;

(3) promulgate such rules and regulations as may be necessary to carry out the functions, powers and duties 62 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, cooperative 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 54 may deem appropriate, with any agency or instrumentality of the United States, or with any public or private person, firm, association, corporation, or institution;

(6) accept voluntary and uncompensated services, notwithstanding the provisions of section 1342 of Title 31, United States Code; 63

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

(8) 64 pay for expenses approved by him for official travel without regard to the Federal Travel Regulations or to the provisions of subchapter I of chapter 57 of title 5, United States Code (relating to rates of per diem allowances in lieu of subsistence expenses);

(9) 64 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; and

(10) 64 acquire, by purchase or exchange, not more than two passenger motor vehicles for use abroad, except that no vehicle may be acquired at a cost exceeding $9,500.

(11) 65 provide, where authorized by law, copies of documents to persons at cost, except that any funds so received shall be

61 The words to this point beginning with "except that not more than 20" were added by sec. 13023(1) of Public Law 99-272 (100 Stat. 307).

62 Sec. 3bX2) of Public Law 97-456 (96 Stat. 2503) inserted the words "powers and duties". 63 Sec. 1887(aX3) of Public Law 99-514 (100 Stat. 2923) inserted the reference to 31 U.S.C. 1342 in lieu of a "3679(b) of the Revised Statutes (31 U.S.C. 665(b))" which previously appeared at this point.

64 Paragraphs (8)-(10) were added by sec. 3(b)(5) of Public Law 97-456 (96 Stat. 2503).

65 Sec. 304(dX2XAXiii) of the International Trade and Investment Act (title III of Public Law 98-573; 98 Stat. 3004) added this par. as par. (8). This par. was later redesignated as par. (11) by sec. 1887(a)4) of Public Law 99-514 (100 Ŝtat. 2923).