Congressional oversight, notice, consultations, access to information, and review
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(a) Notice Not later than 60 days before initiating negotiations with a trusted trade partner under section 5(a) for a trusted trade partner agreement, the President shall submit to Congress written notice of the intention of the President to enter into the negotiations, which shall include the date negotiations will begin and the trusted trade partner with whom the President seeks to enter into the agreement. (b) Consultation with members of Congress (1) Consultation during negotiations and access to information In the course of negotiations under section 5(a) for a trusted trade partner agreement, the Trade Representative shall— (A) meet upon request with the appropriate committees of Congress regarding negotiating objectives, the status of negotiations in progress, and potential effects to the laws of the United States with respect to the agreement; (B) upon request by the appropriate committees of Congress, provide access to pertinent documents relating to the negotiations; and (C) consult closely and on a timely basis with, and keep fully apprised of the negotiations, the appropriate committees of Congress. (2) Consultation before entry into agreement Before entering into a trusted trade partner agreement under section 5, the Trade Representative shall consult with— (A) the appropriate committees of Congress; and (B) each other committee of the Senate and the House of Representatives, and each joint committee of Congress, that has jurisdiction over legislation involving a subject matter that would be affected by the agreement. (c) Consultation with Federal agencies In the course of negotiations under section 5(a) for a trusted trade partner agreement, the Trade Representative shall inform and consult with any Federal agency having expertise in the matters being negotiated, including the Department of Health and Human Services. (d) Limitation on action Any duty elimination or staged rate reduction provided for under section 5 may be proclaimed only if the President— (1) has obtained advice regarding the proposed action from the appropriate advisory committees established under section 135 of the Trade Act of 1974 (19 U.S.C. 2155) and the International Trade Commission; (2) has submitted to the appropriate committees of Congress a report that sets forth— (A) the action proposed to be proclaimed; (B) the reasons for such action; and (C) the advice obtained under paragraph (1); and (3) has consulted with the appropriate committees of Congress regarding the proposed action during the 60-day period on the date on which the President has met the requirements under paragraphs (1) and (2). (e) Report to Congress Not later than 60 days before the date on which the President enters into a trusted trade partner agreement with a trusted trade partner under section 5, the President shall submit to Congress a report describing— (1) the nature and scope of the agreement; (2) the proposed duration of the agreement; (3) how and to what extent the agreement will achieve the applicable purposes, policies, priorities, and objectives of this Act; (4) whether sufficient evidence exists demonstrating that— (A) the trusted trade partner satisfies the conditions under section 5(b); and (B) the reciprocal elimination of existing duties or other import restrictions of the trusted trade partner or the United States with respect to medical goods would contribute to the national security and public health of the United States; and (5) the proposed implementation of the agreement, including the general effect of the agreement on existing laws. (f) Congressional right To review and disapprove (1) In general A trusted trade partner agreement shall not take effect until— (A) the proposed agreement has been submitted to Congress, together with the report required under subsection (e) with respect to that agreement; and (B) the review period required under paragraph (2) following the date on which the proposed agreement has been submitted to Congress under subparagraph (A) has been exhausted, during which period a joint resolution is not enacted under paragraph (4). (2) Review (A) Initial review Unless extended under subparagraph (B) or (C), the review period under this paragraph with respect to a trusted trade partner agreement is 30 days, during which time Congress shall review the proposed agreement with respect to whether— (i) the President failed or refused to provide notice with respect to the agreement in accordance with subsection (a); (ii) the President failed or refused to consult with respect to the agreement in accordance with subsections (b) and (c); (iii) the President failed or refused to submit to Congress a report with respect to the agreement in accordance with subsection (e); or (iv) the President failed or refused to demonstrate that the agreement would achieve the applicable purposes, policies, priorities, and objectives of this Act and contribute to the national security and public health of the United States. (B) Further review If, during the 30-day period under subparagraph (A) with respect to a trusted trade partner agreement, one House of Congress adopts a resolution stating that the House of Congress wishes to further review the proposed agreement, the review period under this paragraph with respect to the proposed agreement shall be extended by a period of 60 days, during which time the appropriate committees of Congress shall engage the President with respect to the proposed agreement and the failures or refusals of the President specified under subparagraph (A). (C) Additional period If, during the 60-day period under subparagraph (B) with respect to a trusted trade partner agreement, one House of Congress adopts a resolution stating that the House of Congress wishes to further review the proposed agreement, the review period under this paragraph with respect to the proposed agreement shall be further extended by a period of 30 days. (3) Procedures for considering resolutions A resolution under subparagraph (B) or (C) of paragraph (2)— (A) in the Senate— (i) may be introduced by any Member of the Senate; (ii) shall be referred to the Committee on Finance; and (iii) may not be amended; (B) in the House of Representatives— (i) may be introduced by any Member of the House; (ii) shall be referred to the Committee on Ways and Means or the Committee on Rules; and (iii) may not be amended by either Committee; and (C) the vote on passage of the resolution shall occur immediately following the conclusion of the debate on the trusted trade partner agreement at issue and a single quorum call at the conclusion of the debate. (4) Disapproval If, during the review period required under paragraph (2) with respect to a trusted trade partner agreement, a joint resolution is enacted stating that Congress does not favor the agreement, the agreement shall not take effect.