19 U.S. Code § 2155 - Information and advice from private and public sectors
Committees established under subsection (c) shall meet at the call of the United States Trade Representative and the Secretaries of Agriculture,Commerce, Labor, Defense, or other executive departments, as appropriate, to provide policy advice, technical advice and information, and advice on other factors relevant to the matters referred to in subsection (a).
The United States Trade Representative, and the Secretaries ofCommerce, Labor, Defense, Agriculture, the Treasury, or other executive departments, as appropriate, shall provide such staff, information, personnel, and administrative services and assistance to advisory committees established under subsection (c) as such committees may reasonably require to carry out their activities.
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).
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.
The provisions of title XVIII of theFood and Agriculture Act of 1977 (7 U.S.C. 2281 et seq.) shall not apply to any advisory committee established under subsection (c).
Reorganization Plan Number 3 of 1979, referred to in subsec. (a)(1)(C), is set out as a note undersection 2171 of this title.
Executive Order Numbered 12188, referred to in subsec. (a)(1)(C), is set out as a note undersection 2171 of this title.
TheFood and Agriculture Act of 1977, referred to in subsec. (l), isPub. L. 95–113,Sept. 29, 1977,91 Stat. 913. Title XVIII of the Act is classified generally to chapter 55A (§ 2281 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title of 1977 Amendment note set out undersection 1281 of Title 7 and Tables.
2022—Subsec. (f).Pub. L. 117–286, § 4(a)(138)(A), (B), substituted “chapter 10 of title 5” for “Federal Advisory Committee Act” in heading and “chapter 10 of title 5” for “theFederal Advisory Committee Act” in introductory provisions.
Subsec. (f)(2)(A).Pub. L. 117–286, § 4(a)(138)(C), substituted “subsections (a) and (b) of sections 1009 and 1010 of title 5” for “subsections (a) and (b) of sections 10 and 11 of theFederal Advisory Committee Act”.
Subsec. (f)(2)(B).Pub. L. 117–286, § 4(a)(138)(D), substituted “subsection (a) ofsection 1013 of title 5,” for “subsection (a)(2) of section 14 of theFederal Advisory Committee Act,”.
2015—Subsec. (a)(1)(A).Pub. L. 114–26, § 110(a)(5)(A), substituted “section 4202 of this title” for “section 3803 of this title”.
Subsec. (e)(1).Pub. L. 114–26, § 110(a)(5)(B)(i), substituted “section 4202 of this title” for “section 3803 of this title” in two places and “not later than the date that is 30 days after the date on which the President notifiesCongress undersection 4205(a)(1)(A) of this title” for “not later than the date on which the President notifies theCongress undersection 3805(a)(1)(A) of this title”.
Subsec. (e)(2).Pub. L. 114–26, § 110(a)(5)(B)(ii), substituted “section 4201 of this title” for “section 3802 of this title”.
2006—Subsec. (f)(2)(B).Pub. L. 109–280 substituted “its establishment” for “their establishment”.
2004—Subsec. (b)(1).Pub. L. 108–429, § 2004(i)(2), substituted “4 years or until the committee is scheduled to expire” for “2 years”.
Subsec. (f)(2).Pub. L. 108–429, § 2004(i)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “to all other advisory committees which may be established under subsection (c) of this section; except that the meetings of advisory committees established under subsections (b) and (c) of this section shall be exempt from the requirements of subsections (a) and (b) of sections 10 and 11 of theFederal Advisory Committee Act (relating to open meetings, public notice, public participation, and public availability of documents), whenever and to the extent it is determined by the President or his designee that such meetings will be concerned with matters the disclosure of which would seriously compromise the development by the United States Government of trade policy, priorities, negotiating objectives or bargaining 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.”
2002—Subsec. (a)(1)(A).Pub. L. 107–210, § 2110(a)(5)(A), substituted “section 3803 of this title” for “section 2902 of this title”.
Subsec. (e)(1).Pub. L. 107–210, § 2110(a)(5)(B), substituted “section 3803 of this title” for “section 2902 of this title” in two places and “section 3805(a)(1)(A) of this title” for “section 2903(a)(1)(A) of this title”.
Subsec. (e)(2).Pub. L. 107–210, § 2110(a)(5)(C), substituted “section 3802 of this title” for “section 2901 of this title”.
1994—Subsec. (a)(1)(B).Pub. L. 103–465, § 127(f), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “the operation of any trade agreement once entered into; and”.
Subsec. (b)(1).Pub. L. 103–465, § 128, inserted “nongovernmental environmental and conservation organizations,” after “retailers,”.
1988—Pub. L. 100–418 amended section generally, substituting present provisions for provisions which, in the following subsections, had related to: subsec. (a), information and advice on trade agreements and other matters; subsec. (b), Advisory Committee forTrade Negotiations; subsec. (c), general policy, sectoral, functional, or policy advisory committees; subsec. (d), policy advice, technical advice and information, and other advice; subsec. (e), meeting of advisory committees at conclusion of negotiations for trade agreements; subsec. (f),Federal Advisory Committee Act; subsec. (g), trade secrets and confidential commercial, financial, or other information; subsec. (h), staff, information, personnel, and administrative services and assistance to advisory committees; subsec. (i), consultation with advisory committees; adoption of procedures; nonacceptance of committee advice or recommendations; subsec. (j), private or non-Federal governmentorganizations or groups; subsec. (k), direct participation in negotiations by private individuals not authorized; information, consultation, participation of committee members and appropriate parties in international meetings; restrictions; subsec. (l), advisory committees established byDepartment of Agriculture; and subsec. (m), definition of“non-Federal government”.
1986—Subsecs. (m), (n).Pub. L. 99–514 redesignated subsec. (n) as (m).
1984—Subsec. (a).Pub. L. 98–573, § 306(c)(2)(B)(i), inserted “and the non-Federal governmental sector” after “private sector”.
Subsec. (c)(3).Pub. L. 98–573, § 306(c)(2)(B)(ii), added par. (3).
Subsec. (g)(1)(A), (B).Pub. L. 98–573, § 306(c)(2)(B)(iii), inserted “or non-Federal government” after “private”.
Subsec. (j).Pub. L. 98–573, § 306(c)(2)(B)(iii), (iv), inserted “or non-Federal government” after “private” and “government,” before “labor, industry”.
Subsec. (n).Pub. L. 98–573, § 306(c)(2)(B)(v), added subsec. (n).
1979—Subsec. (a).Pub. L. 96–39, § 1103(1), (2), struck out “, in accordance with the provisions of this section,” after “President” and required the seeking of information and advice respecting operation of a trade agreement once entered into and respecting other matters arising in connection with the administration of trade policy of the United States.
Subsec. (b)(1).Pub. L. 96–39, § 1103(3), substituted “matters referred to in subsection (a) of this section” for “any trade agreement referred to in section 2111 or 2112 of this title”.
Subsec. (b)(2).Pub. L. 96–39, § 1103(4), substituted requirement that the members elect the Chairman of the Committee from among its membership for provision designating the Special Representative as Chairman and struck out provision for termination of the Committee upon submission of its report toCongress as soon as practical after the end of the period which ends 5 years afterJan. 3, 1975.
Subsec. (c)(1).Pub. L. 96–39, § 1103(5), inserted a comma after “initiative”, included references to “services”, and substituted “general policy advice on matters referred to in subsection (a) of this section” for “general policy advice on any trade agreement referred to in section 2111 or 2112 of this title”, “Special Representative forTrade Negotiations” for “President acting through the Special Representative forTrade Negotiations” and “or Agriculture” for “and Agriculture”.
Subsec. (c)(2).Pub. L. 96–39, § 1103(6)–(9), substituted “The President shall establish such sectoral or functional advisory committees as may be appropriate” for “The President shall, on his own initiative or at the request of organizations in a particular sector, establish such industry, labor, or agricultural sector advisory committees as he determines to be necessary for anytrade negotiations referred to in section 2111 or 2112 of this title” and “Such committees 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 concerned” for “Such committees shall, so far as practicable, be representative of all industry, labor, or agricultural interests including small business interests in the sector concerned” and “the Special Representative forTrade Negotiations” for “the President, acting through the Special Representative forTrade Negotiations”, struck out “product sector” before “advisory committees”, and inserted “, in the case of each sectoral committee,” before “the product lines”.
Subsec. (d).Pub. L. 96–39, § 1103(10), required committee meetings to be also summoned at joint instance of Secretary of Agriculture, Commerce, or Labor, as appropriate, previously required to be called before and duringtrade negotiations, struck out item (1) through (3) designation for “policy advice”, “technical advice” and “advice on other factors”, struck out “on negotiations” and “on negotiations on particular products both domestic and foreign” after “policy advice” and “technical advice and information” and substituted “factors relevant to the matters referred to in subsection (a) of this section” for “factors relevant to positions of the United States intrade negotiations.”
Subsec. (e).Pub. L. 96–39, § 1103(11)–(14), redesignated par. (1) as entire provision, and in provision as so redesignated, substituted “each sector or functional advisory committee, if the sector or area” for “each sector advisory committee, if the sector”, “appropriate sector or functional area” for “appropriate sector”, and “within the sector or within the functional area” for “within the sector”, and struck out par. (2) which required a report toCongress by the Advisory Committee forTrade Negotiations by each policy advisory committee, and, each sector advisory committee as soon as practicable at end of the period ending 5 years afterJan. 3, 1975, including advisory opinions of the respective committees as to how the trade agreements serve the economic interests of United States and how provision is made for equity and reciprocity within the sector.
Subsec. (f)(2).Pub. L. 96–39, § 1103(15)(A), (B), substituted “committees” for “groups” and “with respect to matters referred to in subsection (a) of this section” for “on the negotiation of any trade agreement”.
Subsec. (g).Pub. L. 96–39, § 1103(16), (17)(A), (B), substituted in par. (1)(A) “matters referred to in subsection (a) of this section” for “a trade agreement referred to in section 2111 or 2112 of this title”, in par. (1)(B) “matters referred to in subsection (a) of this section” for “trade negotiations”, and in par. (2) “matters referred to in subsection (a) of this title” for “proposed trade agreements”.
Subsec. (i).Pub. L. 96–39, § 1103(18)(A)–(C), struck out in provision before cl. (1) “, both during preparation for negotiations and actual negotiations” after “basis” and in cl. (1) “arising in preparation for or in the course of such negotiations” after “developments” and substituted in cl. (2) “with respect to matters referred to in subsection (a) of this section” for “to the negotiations”.
Subsec. (j).Pub. L. 96–39, § 1103(19), substituted “matters referred to in subsection (a) of this section” for “trade agreement referred to in section 2111 or 2112 of this title”.
Subsec. (k).Pub. L. 96–39, § 1103(19), (20), substituted “matters referred to in subsection (a) of this section” for “trade agreement referred to in section 2111 or 2112 of this title” and provided for information to and consultations with committee members and appropriate parties and participation in international meetings without becoming spokesmen or negotiators for the United States.
Subsec. (l).Pub. L. 96–39, § 1103(21), added subsec. (l).
Amendment byPub. L. 109–280 applicable with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day afterAug. 17, 2006, seesection 1641 of Pub. L. 109–280, set out as a note undersection 58c of this title.
Pub. L. 108–429, title II, § 2004(i)(3),Dec. 3, 2004,118 Stat. 2595, provided that:
Amendment byPub. L. 103–465 effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), seesection 130 of Pub. L. 103–465, set out as an Effective Date note undersection 3531 of this title.
Amendment byPub. L. 96–39 effectiveJuly 26, 1979, seesection 1114 of Pub. L. 96–39, set out as an Effective Date note undersection 2581 of this title.
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and1171–1177] or title XVIII [§§ 1801–1899A] ofPub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or afterJan. 1, 1989, seesection 1140 of Pub. L. 99–514, as amended, set out as a note undersection 401 of Title 26,Internal Revenue Code.
For delegation of functions of President under div. B ofPub. L. 107–210, amending this section, see section 1 ofEx. Ord. No. 13277,Nov. 19, 2002,67 F.R. 70305, set out as a note undersection 3801 of this title.
Ex. Ord. No. 12905,Mar. 25, 1994,59 F.R. 14733, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including theFederal Advisory Committee Act, as amended ([former]5 U.S.C. App.) [see5 U.S.C. 1001 et seq.], and section 135(c)(1) of theTrade Act of 1974, as amended (19 U.S.C. 2155(c)(1)) (“Act”), it is hereby ordered as follows:
Section 1. Establishment. There is established in theOffice of the United States Trade Representative (“Trade Representative”[)] the “Trade and Environment Policy Advisory Committee” (“Committee”).
Sec. 2. Membership. (a) The Committee shall consist of not more than 35 members, including, but not limited to, representatives from environmental interest groups, industry (including the environmental technology and environmental services industries), agriculture, services, non-Federal government, and consumer interests. The Committee should be broadly representative of the key sectors and groups of the economy with an interest in trade and environmental policy issues.
(b) The Chairman of the Committee shall be elected by the Committee from among its members. Members of the Committee shall be appointed by the Trade Representative, in consultation with the Cabinet secretaries described insection 2155(c)(1) of title 19, United States Code, for a term of 2 years and may be reappointed for any number of terms. Appointments to the Committee shall be made without regard to political affiliation. Any member may be removed at the discretion of the Trade Representative.
Sec. 3. Functions. (a) The Committee shall provide the Trade Representative with policy advice on issues involving trade and the environment.
(b) The Committee shall submit a report to the President, to theCongress, and to the Trade Representative at the conclusion of negotiations for each trade agreement referred to in section 102 of the Act [19 U.S.C. 2112]. The report shall include an advisory opinion on whether and to what extent the agreement promotes the interests of the United States.
(c) The Committee may establish such subcommittees of its members as it deems necessary, subject to the provisions of theFederal Advisory Committee Act and the approval of the Trade Representative, or his designee.
(d) The Committee shall report its activities to the Trade Representative, or his designee.
Sec. 4. Administration. (a) The Trade Representative, or his designee, with the advice of the Chairman, shall be responsible for prior approval of the agendas for all Committee meetings.
(b) The Trade Representative, or his designee, shall be responsible for determinations, filings, and other administrative requirements of theFederal Advisory Committee Act.
(c)(1) The Trade Representative shall provide funding and administrative and staff support for the Committee.
(2) The Committee shall have an Executive Director who shall be a Federal officer or employee designated by the Trade Representative.
(d) Members of the Committee shall serve without either compensation or reimbursement of expenses.
(e) The Committee shall meet as needed at the call of the Trade Representative or his designee, depending on various factors such as the level of activity oftrade negotiations and the needs of the Trade Representative, or at the call of two-thirds of the members of the Committee.
Sec. 5. General. The Committee shall function for such period as may be necessary. In accordance with theFederal Advisory Committee Act [see5 U.S.C. 1001 et seq.], the Committee shall terminate after 2 years from the date of this order unless otherwise extended.
Term of Trade and Environment Policy Advisory Committee extended untilSept. 30, 2025, byEx. Ord. No. 14109,Sept. 29, 2023,88 F.R. 68447, set out as a note undersection 1013 of Title 5, Government Organization and Employees.
Previous extensions of term of Trade and Environment Policy Advisory Committee were contained in the following prior Executive Orders:
Ex. Ord. No. 14048,Sept. 30, 2021,86 F.R. 55465, extended term untilSept. 30, 2023.
Ex. Ord. No. 13889,Sept. 27, 2019,84 F.R. 52743, extended term untilSept. 30, 2021.
Ex. Ord. No. 13811,Sept. 29, 2017,82 F.R. 46363, extended term untilSept. 30, 2019.
Ex. Ord. No. 13708,Sept. 30, 2015,80 F.R. 60271, extended term untilSept. 30, 2017.
Ex. Ord. No. 13652,Sept. 30, 2013,78 F.R. 61817, extended term untilSept. 30, 2015.
Ex. Ord. No. 13585,Sept. 30, 2011,76 F.R. 62281, extended term untilSept. 30, 2013.
Ex. Ord. No. 13511,Sept. 29, 2009,74 F.R. 50909, extended term untilSept. 30, 2011.
Ex. Ord. No. 13446,Sept. 28, 2007,72 F.R. 56175, extended term untilSept. 30, 2009.
Ex. Ord. No. 13385,Sept. 29, 2005,70 F.R. 57989, extended term untilSept. 30, 2007.
Ex. Ord. No. 13316,Sept. 17, 2003,68 F.R. 55255, extended term untilSept. 30, 2005.
Ex. Ord. No. 13225,Sept. 28, 2001,66 F.R. 50291, extended term untilSept. 30, 2003.
Ex. Ord. No. 13138,Sept. 30, 1999,64 F.R. 53879, extended term untilSept. 30, 2001.
Ex. Ord. No. 13062, § 1(o),Sept. 29, 1997,62 F.R. 51755, extended term untilSept. 30, 1999.
Ex. Ord. No. 12974,Sept. 29, 1995,60 F.R. 51875, extended term untilSept. 30, 1997.