U.S. Trade Statutes: Expiration Dates and Mandated Periodic Reports to Congress

Order Code RL34196 U.S. Trade Statutes: Expiration Dates and Mandated Periodic Reports to Congress October 2, 2007 Mary Jane Bolle, Coordinator, William H. Cooper, Ian F. Fergusson, J. F. Hornbeck, James K. Jackson, Vivian C. Jones, Danielle Langton, Michael F. Martin, and M. Angeles Villarreal Foreign Affairs, Defense, and Trade Division Jennifer E. Lake Domestic Social Policy Division Charles E. Hanrahan, Remy Jurenas, and Brent D. Yacobucci Resources, Science, and Industry Division U.S. Trade Statutes: Expiration Dates and Mandated Periodic Reports to Congress Summary The Constitution gives Congress express power over the imposition of tariffs and the regulation of foreign trade. As part of this responsibility, Congress enacts laws including those that: establish tariff rates; implement trade agreements; provide remedies against unfairly traded imports; control exports of sensitive technology; and extend tariff preferences to imports from developing countries. Over time, and under carefully prescribed circumstances, Congress has delegated some of its trade authority to the Executive Branch. Congress, however, has, in some cases, kept tight reins on the use of this authority by requiring that certain trade laws and programs be renewed; and by requiring the Executive Branch to issue reports to Congress to monitor the implementation of the trade laws and programs. This report is intended to assist Congress in exercising its oversight responsibilities regarding foreign trade. It is designed as a quick reference guide on two key elements of U.S. trade statutes: (a) expiration dates for major trade programs and trade statutes; and (b) mandated periodic reports to Congress. To this end, the report provides this information in two tables. Table 1 includes expiration dates of programs or laws. Table 2 includes information on mandated reports to Congress by the Executive branch, as required under various trade laws. The organization of, and information in, this report is based on the content and structure of the House Ways and Means Committee Print, Overview and Compilation of U.S. Trade Statutes, Parts I and II (2005). Together, these two volumes are commonly referred to as the House Ways and Means Blue Book, referring to the color of their covers. The Blue Book pulls together key information for Congress relating to the trade statutes. Specifically, Table 1 lists expiration dates for the roughly 24 trade statutes or programs that include termination dates – which range from 2007 to 2015. It also lists reciprocal trade agreements, which have no expiration dates. Table 2 includes laws that require, in all, approximately 41 separate reports to Congress. The required publication frequency for most of these reports is typically either biannual, annual, or biennial. Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Table 1. U.S. Trade Statutes: Expiration Dates for Various Programs or Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Chapters 1 and 8: Tariff and Customs Laws . . . . . . . . . . . . . . . . . . . . . . . . . 3 Chapters 2 and 9: Trade Remedy Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Chapters 3 and 10: Other Laws Regulating Imports . . . . . . . . . . . . . . . . . . . 5 Chapters 4 and 11: Laws Regulating Export Activities . . . . . . . . . . . . . . . . . 5 Chapters 5 and 12: Authorities Relating to Political or Economic Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Chapters 6 and 13: Reciprocal Trade Agreements . . . . . . . . . . . . . . . . . . . . 6 Table 2. U.S. Trade Statutes: Periodic Reports to Congress Mandated by Various Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Chapters 1 and 8: Tariff and Customs Laws . . . . . . . . . . . . . . . . . . . . . . . . . 8 Chapters 2 and 9: Trade Remedy Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Chapters 3 and 10: Other Laws Regulating Imports . . . . . . . . . . . . . . . . . . 10 Chapters 4 and 11: Laws Regulating Export Activity . . . . . . . . . . . . . . . . . 10 Chapters 5 and 12: Authorities Relating to Political or Economic Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Chapters 6 and 13: Reciprocal Trade Agreements . . . . . . . . . . . . . . . . . . . . 13 Reports in FTAs not yet in Bluebook . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Chapters 7 and 14: Organization of Trade Policy Functions . . . . . . . . . . . . 14 U.S. Trade Statutes: Expiration Dates and Mandated Periodic Reports to Congress Introduction The Constitution gives Congress express power over the imposition of tariffs and the regulation of foreign trade. As part of this responsibility, Congress enacts laws including those that: establish tariff rates; implement trade agreements; provide remedies against unfairly traded imports; control exports of sensitive technology; and extend tariff preferences to imports from developing countries. Over time, and under carefully prescribed circumstances, Congress has delegated some of its trade authority to the Executive Branch. Congress, however, has, in some cases, kept tight reins on the use of this authority by requiring that certain trade laws and programs be renewed; and by requiring the Executive Branch to issue reports to Congress to monitor the implementation of the trade laws and programs. This report is intended to assist Congress in exercising its oversight responsibilities regarding foreign trade.1 It is designed as a quick reference guide on two key elements of U.S. trade statutes: (a) expiration dates for major trade programs and trade statutes; and (b) mandated periodic reports to Congress. To this end, the report provides this information in two tables. Table 1 includes expiration dates of programs or laws. Table 2 includes information on mandated reports to Congress by the Executive branch, as required under various trade laws. The organization of, and information in, this report is based on the content and structure of the House Ways and Means Committee Print, Overview and Compilation of U.S. Trade Statutes, Parts I and II (2005). Together, these two volumes are commonly referred to as the House Ways and Means Blue Book, referring to the color of their covers. The Blue Book pulls together key information for Congress relating to the trade statutes.2 Part I of the Blue Book provides overviews and explanations of the various trade statutes, under seven basic headings: Tariff and Customs Laws; Trade Remedy Laws; Other Laws Regulating Imports; Laws Regulating Export Activities; Authorities Relating to Political or Economic Security; Reciprocal Trade 1 This report was prepared with the assistance of Jeanne Grimmett, Legislative Attorney, American Law Division, CRS. 2 The Blue Book is available online (but not electronically searchable) at: Volume 1: http://www.waysandmeans.house.gov/media/pdf/109cong/wmcp/wmcp 109-4pdf and Volume II: http://www.waysandmeans.house.gov/media/pdf/109cong/wmcp/wmcp 1095pdf. CRS-2 Agreements; and Organization of Trade Policy Functions. Sub-categories within each subject area provide background on or description of a specific law or program, or a concept which cuts across various laws. Part II of the Blue Book presents the text of the respective trade laws that fall within these seven overall headings. Specifically, Table 1 lists expiration dates for the roughly 24 trade statutes or programs that include termination dates – which range from 2007 to 2015. It also lists reciprocal trade agreements, which have no expiration dates. Within Table 1, the laws are grouped by Blue Book chapter and organized within each chapter by expiration date. Also included in Table 1 are some laws which have already expired which Congress may at some point reconsider, for example, the trade promotion authority component of the Trade Act of 2002, which expired June 30, 2007. Also included in the table are some laws which were passed after the 2005 Blue Book went to press. Hence, these do not include Blue Book page references. For most expiring laws, however, page numbers are included to reference the relevant sections in volume I and the statutes in volume II. Table 2 includes laws that require, in all, approximately 41 separate reports to Congress. The required publication frequency for most of these reports is typically either biannual, annual, or biennial (every two years). Some of the required reports have become comprehensive well-known documents. In such cases, the actual title is mentioned in the table. These reports include the U.S. Trade Representative’s National Trade Estimate Report on Foreign Trade Barriers and the Trade Policy Agenda and Annual Report on the Trade Agreements Program; the International Trade Commission’s The Year in Trade: Operation of the Trade Agreements Program; and the State Department’s Country Reports on Economic Policy and Trade Practices and Country Reports on Human Rights Practices. There are two purposeful exclusions from Table 2. First, in general, reports mandated by Congress for “one time only” are not included. The exception to this is reports mandated by trade promotion authority, which required the “one time only” publication of a number of documents for each new trade agreement. Second, also not included in this listing are “if-then” (i.e., conditional) reports – that is, reports to Congress mandated only if a certain event actually occurs. CRS-3 Table 1. U.S. Trade Statutes: Expiration Dates for Various Programs or Statutes Expiration Dates for Trade Statutes and Programs as Reported in “Overview and Compilation of U.S. Trade Statutes,” 2005 Edition (House Ways and Means “Blue Book”) Chapters/ Expiration date: Page # Year Vol. I Month/ Day Chapters 1 and 8: Tariff and Customs Laws Vol. II 1 2008 Feb. 29 Andean Trade Preference Act, as amended (ATPA), P.L. 102-182 (1991). ATPA was modified and extended in the Andean Trade Preference and Drug Eradication Act (ATPDEA), Title XXXI of the Trade Act of 2002, P.L. 107-210 (2002). ATPA , as amended, was most recently extended by P.L. 110-42 (2007). 35 and 38 417 2008 Sept. 30 Caribbean Basin Trade Partnership Act (CBTPA), P.L. 106200, (2000). Provides NAFTA equivalent treatment for textiles and other goods. 29 381 2008 Dec. 31 Generalized System of Preferences Trade Act of 1974, P.L. 93-618 (1975), as amended. Last extended by P.L.109-432, (2006). 14 362 2008 Dec. 31 CBERA Special Provisions for Dehydrated Ethanol, set forth in the Caribbean Basin Economic Recovery Expansion Act of 1990 (CBI II), P.L. 101-382, title II (1990), provides duty-free treatment for some ethanol produced in some countries covered by CBTPA. Most recently amended by P.L. 109-432, Division D, Sec. 402 (2006). 26 411 2012 Sept 30 African Growth and Opportunity Act (AGOA), P.L. 106200, (2000). Most recently extended by P.L. 109-432 (2006). Provides for duty-free treatment of apparel articles, from lesser developed AGOA countries only. (See additional reference below on expiration of main AGOA provisions.) 50 443 2012 Sept. 30 Caribbean Basin Initiative (CBI), was established in the Caribbean Basin Economic Recovery Act (CBERA), P.L. 98-67, (1983). CBERA was amended and made permanent in the Caribbean Basin Economic Recovery Expansion Act of 1990 (CBI II), P.L. 101-382 (1990), but provisions may be revoked by the President under certain conditions. CBI Benefits for Haiti. Under P.L. 109-432, (2006), CBERA was amended with additional temporary benefits conveyed to Haiti (expiring Sept. 30, 2012). 23 381 2014 Oct. 7 Customs User Fees: Conveyance Fees, included in the Consolidated Omnibus Budget Reconciliation Act of 1985, P.L. 99-272 (1985), as amended. Most recently amended by P.L. 110-89 (2007). 69 468 CRS-4 Expiration Dates for Trade Statutes and Programs as Reported in “Overview and Compilation of U.S. Trade Statutes,” 2005 Edition (House Ways and Means “Blue Book”) Chapters/ Expiration date: Page # Year Month/ Day Vol. I 2014 Oct. 21 Customs User Fees: Merchandise Processing Fees, Omnibus Budget Reconciliation Act of 1986, P.L. 99-509 (1986). Most recently amended by P.L. 110-52 (2007). 69 485 2015 Sept 30 African Growth and Opportunity Act (AGOA), P.L. 106200 (2000), as extended in the AGOA Acceleration Act of 2004, P.L. 108-274. (2004) and P.L. 109-432. 44 436 Vol. II Chapters 2 and 9: Trade Remedy Laws Trade Adjustment Assistance 2007 Dec. 31 Trade Adjustment Assistance for Farmers, Trade Adjustment Assistance Reform Act of 2002, P.L. 107-210, (2002). Most recently updated by P.L. 110-89 (2007). 154 819 2007 Dec. 31 Trade Adjustment Assistance for Workers established by the Trade Expansion Act of 1962, P.L.87-794 (1962), and later by the Trade Act of 1974, P.L. 93-618 (1974). Most recently updated by P.L. 110-89 (2007). 145 784 2008 Dec. 31 Trade Adjustment Assistance for Firms, established in the Trade Expansion Act of 1962, P.L. 87-794, (1962), renewed in the Trade Act of 2002, P.L. 107-210, (2002). Most recently updated by P.L. 110-89 (2007). 152 808 141 773 Relief from Market Disruption 2013 Dec. 10 Relief From Market Disruption by Imports from the People’s Republic of China (PRC), Trade Act of 1974, Sec. 421-423, P.L. 93-618 (1974). Inserted by P.L. 106-286 (2000). Expires 12 years after PRC WTO Accession Agreement entered into force on Dec. 11, 2001 under P.L. 93618, Sec. 423 (2001). CRS-5 Expiration Dates for Trade Statutes and Programs as Reported in “Overview and Compilation of U.S. Trade Statutes,” 2005 Edition (House Ways and Means “Blue Book”) Chapters/ Expiration date: Page # Year Vol. I Month/ Day Vol. II Chapters 3 and 10: Other Laws Regulating Imports Authorities to Restrict Imports or Agricultural and Textile Products 1994 Dec. 31 Multifiber Arrangement (MFA), entered into force on Jan. 1, 1974 via the authority granted to the President by section 204 of the Agricultural Act of 1956 (as amended), PL 84-540; last amended by P.L. 103-465 (1994). The MFA was replaced by the Uruguay Round Agreement on Textiles and Clothing. 156 828 2004 Dec. 31 Uruguay Round Agreement on Textiles and Clothing, entered into force on Jan. 1, 1995 via the authority granted to the President by section 204 of the Agricultural Act of 1956 (as amended), P.L. 84-540 (1956); last amended by P.L. 103465 (1994); Agreement expired per Article 9 of the Agreement. 159 828 2008 Dec. 31 Not in Blue Book: U.S.-China Memorandum of Understanding on Clothing and Textiles, entered into force on Jan. 1, 2006, via authority granted to the President by section 204 of the Agricultural Act of 1956, P.L. 84-540 (1956); last amended by P.L. 103-465 (1994). – – Chapters 4 and 11: Laws Regulating Export Activities Agricultural Exports Sales and Promotion 2007 Sept. 30 Public Law 480 (International Food Aid); P.L. 83-480 (1954), as amended most recently by P.L. 107-171 (2002). 214 – Export Credit Guarantees and Export Promotion Programs 2007 Sept. 30 Commodity Credit Corporation (CCC) Export Credit Guarantees. Agricultural Trade Act of 1978 (Title II), P.L.95-501 (1978), as amended most recently by P.L. 107171) (2002). 215 – 2007 Sept. 30 Export Enhancement Program Agricultural Trade Act of 1978 (Title III), P.L.95-501(1978), as amended by the Uruguay Round Agreements Act (P.L. 103465) and most recently by P.L. 107-171 (2002). 215 923 2007 Sept. 30 Foreign Market Development Program Agricultural Trade Act of 1978 (Title VII), P.L.95-501 (1978) as amended most recently by P.L. 107-171 (2002). 215 – CRS-6 Expiration Dates for Trade Statutes and Programs as Reported in “Overview and Compilation of U.S. Trade Statutes,” 2005 Edition (House Ways and Means “Blue Book”) Chapters/ Expiration date: Page # Year Month/ Day Vol. I 2007 Sept. 30 Market Access Program Agricultural Trade Act of 1978 (Title II), P.L. 95-501 (1978), as amended most recently by P.L. 107-171 (2002). 215 Vol. II – Chapters 5 and 12: Authorities Relating to Political or Economic Security 2008 July 27 I. Trade Sanctions Against Burma, Burmese Freedom and Democracy Act , P.L. 108-61 (2003). Import sanctions expire yearly unless renewed. Most recently extended by P.L. 110-52, (2007). Sanctions may be renewed for a maximum of six years after the date of enactment (until 2009). 248 1035 2011 Dec. 31 C. Economic Sanctions Against Libya, Iran, and Iraq, Iran and Libya Sanctions Act of 1996, P.L. 104-172 (1996) as amended and extended by Iran Freedom Support Act, P.L. 109-293 (2006). 237 971 Chapters 6 and 13: Reciprocal Trade Agreements 2007 June 30 Trade Promotion Authority (TPA), established in the Trade Act of 1974, P.L. 93-618 (1974), renewed by P.L. 107-210, (2002). 258 1089 __* __ Uruguay Round Agreements, implemented by the Uruguay Round Agreements Act, P.L. 103-465, (1994). Entered into force on January 1, 1995. 263 1082 __ __ North American Free Trade Agreement (NAFTA), implemented by the North American Free Trade Agreement Implementation Act, P.L. 103-182, (1993). Entered into force on January 1, 1994. 288 1201 __ __ U.S.-Israel Free Trade Agreement, implemented by the United States-Israel Free Trade Area Implementation Act of 1985, P.L. 99-47, (1985). Entered into force on September 1, 1985. 291 1280 __ __ U.S.-Canada Free Trade Agreement (CFTA), implemented by the United States-Canada Free Trade Agreement Implementation Act of 1988, P.L. 100-449, (1988). Entered into force on January 1, 1989; suspended as long as NAFTA is in effect. Some CFTA provisions are incorporated into NAFTA, however, for purposes of U.S.-Canada obligations. 294 1287 __ __ U.S.-Jordan Free Trade Agreement, implemented by the United States-Jordan Free Trade Area Implementation Act, P.L. 107-43, (2001). Entered into force on December 17, 2001. 297 1319 CRS-7 Expiration Dates for Trade Statutes and Programs as Reported in “Overview and Compilation of U.S. Trade Statutes,” 2005 Edition (House Ways and Means “Blue Book”) Chapters/ Expiration date: Page # Year Month/ Day Vol. I __ __ U.S.-Chile Free Trade Agreement, implemented by the United States-Chile Free Trade Agreement Implementation Act, P.L. 108-77, (2003). Entered into force on January 1, 2004. 300 1328 __ __ U.S.-Singapore Free Trade Agreement, implemented by the United States-Singapore Free Trade Agreement Implementation Act, P.L. 108-78, (2003). Entered into force on January 1, 2004. 305 1353 __ __ U.S.-Australia Free Trade Agreement, implemented by the United States-Australia Free Trade Agreement Implementation Act, P.L. 108-286, (2004). Entered into force on January 1, 2005. 310 1376 __ __ U.S.-Morocco Free Trade Agreement, implemented by the United States-Morocco Free Trade Agreement Implementation Act, P.L. 108-302, (2004). Entered into force on January 1, 2006. 316 1409 Vol. II * Generally, trade agreements do not expire. Free Trade Agreements Implemented, but not Listed in Blue Book __ __ Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR), implemented by the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act, P.L. 109-53, (2005). Entered into force on a rolling basis between March 1, 2006 and March 1, 2007 with all countries except Costa Rica. – – __ __ U.S.-Bahrain Free Trade Agreement, implemented by United States-Bahrain Free Trade Agreement Implementation Act, P.L. 109-169, (2006). Entered into force on August 1, 2006. – – __ __ U.S.-Oman Free Trade Agreement, implemented by the U.S.-Oman Free Trade Agreement Implementing Act, P.L. 109-283, (2006). Not yet entered into force. – – CRS-8 Table 2. U.S. Trade Statutes: Periodic Reports to Congress Mandated by Various Statutes Mandated Reports to Congress as Reported in “Overview and Compilation of Trade Statutes,” 2005 Edition (House Ways and Means “Blue Book”) Chapters/ General Subject / Report Mandated Mandated Report Frequency Chapters 1 and 8: Tariff and Customs Laws Generalized System of Preferences (GSP), Trade Act of 1974, P.L. 93-618 (1975). Most recently extended by P.L. 109-432 (2006). Page # Vol. I Vol. II 1 362 14 362 16, 17 366 Applicability of GSP and Progress of Beneficiary Countries: Report to Congress by the President as necessary, on the application of the GSP, the progress of beneficiary countries in compliance with the eligibility criteria in the program, and the actions the President has taken to withdraw, suspend, or limit the applicability of GSP for countries failing to adequately take the criteria into account. (Sec. 502(d)(3)). Reported in the Federal Register. Annual (in practice) Designation or Termination of Beneficiary Countries: Report to Congress by the President 60 days prior of his intention to designate any country as a Beneficiary Developing Country (BDC) or Least Developed Beneficiary Developing Country (LDBDC) or to terminate the designation thereof. (Sec.502(f)). Periodic 17 366 Country Progress on Internationally Recognized Worker Rights: Report to Congress by the President on the status of internationally recognized worker rights within each BDC, including the country’s commitments to eliminate the worst forms of child labor (Sec. 504). This information is included in the State Department’s annual Country Reports on Human Rights Practices. Annual 22 372 23, 29 381 Caribbean Basin Initiative (CBI), Caribbean Basin Economic Recovery Act (CBERA), P.L. 98-67, (1983) and the Caribbean Trade Partnership Act (CBTPA), P.L. 106-200, (2000). Most recently amended by P.L. 109-432 (2006). Operations of CBERA and CBTPA: Report to Congress by the United States Trade Representative (USTR) on the operations of CBERA and CBTPA by December 31 of every odd-numbered year. Biennial (every two years) 29 386 Economic Effects of CBERA and CBTPA on U.S. and Beneficiary Countries: Report to Congress by the United States International Trade Commission (USITC) on the economic effects of CBERA and CBTPA on the United States and beneficiary countries by September 30 of every oddnumbered year. Biennial 29 404 CRS-9 Mandated Reports to Congress as Reported in “Overview and Compilation of Trade Statutes,” 2005 Edition (House Ways and Means “Blue Book”) Chapters/ General Subject / Report Mandated Mandated Report Frequency Andean Trade Preference Act (ATPA), as amended, P.L. 102182 (1991). Most recently extended by P.L. 110-42 (2007). Page # Vol. I Vol. II 35 417 Operation of ATPA: Report to Congress by the Office of the United States Trade Representative (USTR) on the operation of the Andean Trade Preference Act (ATPA), including a general review of beneficiary countries and the performance of beneficiary countries. Every two years, in odd-numbered years. Biennial 42 420 Economic Impact of ATPA: Report to Congress by the U.S. International Trade Commission (USITC) on the economic impact of ATPA on U.S. industries and consumers, and its effectiveness in promoting drug-related crop eradication and crop substitution efforts of beneficiary countries. Report shall be in the years alternative to those in which the CBI report is submitted – i.e., in even-numbered years). Biennial 43 434 Labor Impact of ATPA: Report to Congress by the Secretary of Labor on the impact of ATPA with respect to U.S. labor. Annual 43 435 44 435 45 441, 436 92 544 92 552 96 555 128 1150 128 1150 African Growth and Opportunity Act (AGOA), P.L. 106-200 (2000). Most recently updated by P.L. 108-274 (2004) and P.L. 109-432 (2006). Implementation of AGOA and Progress Thereunder: Report to Congress on the trade and investment policy of the United States for sub-Saharan Africa, and on the implementation of AGOA and its amendments. This report must also include a review of the progress of each sub-Saharan African country toward meeting the requirements to be eligible for AGOA. Annual through 2008 Foreign Trade Zones U.S. Foreign Trade Zones Act of 1934, P.L. 73-397 (1934), most recently amended by P.L. 108-357 (2004). Zone Operations: Report to Congress including a summary of zone operations Annual Chapters 2 and 9: Trade Remedy Laws Identification of Countries that Deny Intellectual property rights (Special 301), as added to the Trade Act of 1974, P.L. 93-618 (1974) by P.L. 100-418 (1988). Countries Denying Protection or Market Access: Report to Congress by the USTR identifying countries that deny adequate protection or market access for intellectual property rights. Report due each year by April 30. Annual CRS-10 Mandated Reports to Congress as Reported in “Overview and Compilation of Trade Statutes,” 2005 Edition (House Ways and Means “Blue Book”) Chapters/ General Subject / Report Mandated Mandated Report Frequency Chapters 3 and 10: Other Laws Regulating Imports Government Procurement: WTO Agreement on Government Procurement, Trade Agreements Act of 1979, P.L. 96-39 (1979), most recently updated by P.L. 108-286 (2003). Government Actions to Establish Reciprocity: President shall report in the annual Trade Policy Agenda and Annual Report the actions, if any, he deemed appropriate to establish reciprocity with major industrial countries in the area of government procurement. Annual Chapters 4 and 11: Laws Regulating Export Activity Export Controls: Export Administration Act of 1979, P.L. 96-72 (1979). Implementation: Report by President to Congress on the implementation of the Act. Annual Chapters 5 and 12: Authorities Relating to Political or Economic Security C. Economic Sanctions Against Iraq, Libya, and Iran. IranLibya Sanctions Act of 1996, P.L.104-172 (1996). Most recently extended by P.L. 109-293 (2006). Report Relating to Iran: Report by President on multilateral efforts to pressure Iran to cease development of weapons of mass destruction (WMD), the status of the International Atomic Energy Agency (IAEA) inspection efforts, multilateral efforts to reduce Iranian diplomatic presence overseas, and the use of Iranian diplomats or other representatives to promote terrorism. D. Trade Sanctions Against Uncooperative Major Drug Producing or Drug-Transit Countries. Narcotics Control Trade Act, P.L. 93-618 (1975) as added by P.L. 99-570 (1986). Most recently amended by P.L. 106-36 (1999). Every six months Page # Vol. I Vol. II 156 828 193 901 202 908 205 912 205 912 207 914 217 934 237 970 238 978 239 983 CRS-11 Mandated Reports to Congress as Reported in “Overview and Compilation of Trade Statutes,” 2005 Edition (House Ways and Means “Blue Book”) Chapters/ General Subject / Report Mandated Report on Countries’ Progress in Achieving CounterNarcotics Objectives: As part of the annual report required under Sec. 489 of the Foreign Assistance Act of 1961 (22 USC 2291(h) (see entry below), a report by President to Congress evaluating progress of major drug-producing or drug-transit countries in meeting certain counter-narcotics objectives. (Presidential certification that objectives are met entitles such countries to various tariff benefits). Mandated Report Frequency Annual Foreign Relations Authorization Act of 2003, P.L. 107-228 (2002) Report Identifying Major Drug-Transit or Illicit DrugProducing Countries: Report by President to Congressional Committees identifying each country determined to be a major drug transit country or major illicit drug producing country, as defined in the Foreign Assistance Act of 1961, including names of countries that “failed demonstrably” to adhere to counternarcotic obligations, by Sept. 15 each year. Annual G. Sanctions Against Sudan, Sudan Peace Act, P.L. 107-245 (2002), most recently updated by P.L. 109-344 (2006). Certification of Good Faith Negotiating: President must certify to Congress that the government of Sudan is conducting negotiations in good faith. Semiannual H. Sanctions to Address Illicit Diamond Trade, Clean Diamond Trade Act, P.L. 108-19 (2003) Page # Vol. I Vol. II 241 988 241 991 239 991 246 1015 246 1018 247 1028 Report on Actions to Control Exportation of Conflict Diamonds: Report by President to Congress describing actions taken by countries that have exported rough diamonds to the United States during the preceding 12-month period. The aim is to control the exportation of such diamonds through the “Kimberley Process Certification Scheme” (KPCS), designed to keep out “conflict diamonds” used to finance military activities to overthrow legitimate governments, subvert international peace efforts, or commit atrocities against unarmed civilians. Annual 247 1033 Report on Countries not Complying: Report on each country identified in the above report not adhering to KPCS and actions to insure diamonds from those countries are not imported into the United States. Semiannual 247 1034 248 1035 I. Sanctions Against Burma, Burmese Freedom and Democracy Act, P.L. 108-61 (2003). Updated most recently by P.L. 110-52 (2007). CRS-12 Mandated Reports to Congress as Reported in “Overview and Compilation of Trade Statutes,” 2005 Edition (House Ways and Means “Blue Book”) Chapters/ General Subject / Report Mandated Report on Effectiveness of Trade Sanctions: Report by Secretary of State to Senate Committees on Appropriations, Finance, and Foreign Relations; and House Committees on Appropriations, Foreign Affairs, and Ways and Means, on the effectiveness of trade sanctions on concerns including human rights and worker rights, due 90 days before import restrictions (renewable annually) expire. Mandated Report Frequency Page # Annual (see conditions) 248 1039 248 1041 248 1048 249 1049 249 1052 249 1054 Annual 249 1060 Biennial (see details) — — J. Sanctions Against Syria, Syrian Accountability and Lebanese Sovereignty Restoration Act, P.L. 108-175, (2003). Report on Syria’s Progress Against Support of Terrorist Groups: Report by Secretary of State to Senate Foreign Relations; and House Committees on Appropriations, Foreign Affairs, House Foreign Affairs Committee on Syria’s progress in meeting certification conditions under the Act. Report required only until all certification conditions are met. Annual (see conditions) K. Sanctions Against Belarus, Belarus Democracy Act of 2004, P.L. 108-347 (2004) Report on Weapons Trade: Report from Secretary of State to House Foreign Affairs Committee and Senate Foreign Relations Committee on Belarus weapons trade to countries whose governments support acts of international terrorism, and on assets of the leadership of Belarus. Annual L. United States-Hong Kong Policy Act of 1992, P.L. 102-383 (1992). Most recently amended by P.L. 107-115 (2002). Report on Conditions of Interest to the United States: Report from State to the Speaker of the House and the Senate Foreign Relations Committee “on conditions in Hong Kong of interest to the United States.” Vol. I Vol. II Not Listed in Blue Book: Exemption for Food and Medical Product Exports from Broad U.S. Export Sanctions. Trade Sanctions Reform and Export Enhancement Act, P.L.106-387 (2000). Reports on Licensing Activity: Requires Department of the Treasury's Office of Foreign Assets Control and Department of Commerce's Bureau of Industry and Security to submit reports to appropriate congressional committees on licenses issued for the export of agricultural commodities, medicine, or medical devices to Cuba or to governments of countries designated to be state sponsors of international terrorism. Report due every three months, with a more comprehensive report every two years. CRS-13 Mandated Reports to Congress as Reported in “Overview and Compilation of Trade Statutes,” 2005 Edition (House Ways and Means “Blue Book”) Chapters/ General Subject / Report Mandated Mandated Report Frequency Chapters 6 and 13: Reciprocal Trade Agreements Trade Promotion Authority, established in the Trade Expansion Act of 1962, P.L. 87-794, (1962). Requires four major reports to Congress for each free trade agreement (FTA) implementing bill: Page # Vol. I Vol. II 252 1069 252 1089 Report on Plan for Implementing and Enforcing the FTA: Presidential report to Congress on a plan for implementing and enforcing the FTA. Submitted along with the text of the FTA. Once 259 1104 Report on Effect of Proposed FTA on U.S. Trade Remedy Laws: Report to the House Ways and Means and the Senate Finance Committees from the President on how a proposed FTA would affect U.S. trade remedy laws. Due at least 180 calendar days before the President enters into the FTA. Once 263 1098 Reports by Various Trade Advisory Committees: Trade Advisory Committee reports due to Congress no later than 30 days after the President notifies Congress of his intention to enter into an FTA. Once – 1099 Report on Overall and Sectoral Economic Effects of FTA: Report from the U.S. International Trade Commission (USITC) to Congress on an assessment of the overall and sectoral economic effects of the proposed FTA. Due no later than 90 calendar days after the President enters into the FTA. Once 262 1099 265 1120 266 1130 288 1087 – 1242 Uruguay Round Agreements (URA), as passed in the Uruguay Round Agreements Act, P.L. 103-465, (1994). Report on Operation of the WTO: USTR Annual Report to Congress on Operation of the World Trade Organization (WTO). Submitted by March 1. Annual North American Free Trade Agreement (NAFTA), implemented by the North American Free Trade Agreement Implementation Act, P.L. 103-182, (1993). Report on Effect of NAFTA on Agricultural Producers: Report to the House and Senate Agriculture Committees by the Secretary of Agriculture on the effects of NAFTA on U.S. agriculture producers. Due March 1 on odd number years through 2011. Trade negotiation procedural requirements, Sections 127(a) and (b) of the Trade Act of 1974. Biennial 1147 CRS-14 Mandated Reports to Congress as Reported in “Overview and Compilation of Trade Statutes,” 2005 Edition (House Ways and Means “Blue Book”) Chapters/ General Subject / Report Mandated “National Trade Estimate Report (NTE) on Foreign Trade Barriers,” as incorporated into the Trade Act of 1974, P.L. 93618, (1974) by the Omnibus Tariff and Trade Act of 1984, P.L. 98-573, (1984). USTR report to House Ways and Means and Senate Finance Committees due no later than March 31. Mandated Report Frequency Annual Page # Vol. I 270 China Permanent Normal Trade Relations (PNTR), Normal Trade Relations for the People’s Republic of China Act, P.L. 106286, as amended, (2000). Vol. II 1147 1183 Report by China Human Rights Commission: CongressionalExecutive Commission Report on China Human Rights. Report to President and Congress; no date specified. Annual 280 1190 Report on China’s Compliance with WTO Obligations: USTR report to Congress on China’s compliance with WTO obligations; no date specified. Annual 280 1195 Report on Allegations of Violations of Sec. 307 of the Tariff Act of 1930 (relating to goods made with forced or prison labor): Report by Task force to Congress; no date specified. Annual 280 1197 Biennial __ __ 322 1431 323 1435 Reports in FTAs not yet in Bluebook Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR), implemented by the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act, P.L. 109-53, (2005). Report to Congress on Implementation of Labor Provisions. No date specified. USTR report begins two years after a country implements CAFTA-DR and continues for following 14 years. Chapters 7 and 14: Organization of Trade Policy Functions Organization of Trade Policy Functions: Congress: Congressional Oversight Group: Sections 162 and 163 of the Trade Act of 1974, as amended. P.L. 93-618 (1975). Most recently amended by P.L. 107-210 (2002). “Trade Policy Agenda and Annual Report on the Trade Agreements Program”: National Trade Policy Agenda to Congress by the USTR, by March 1 of each year. Annual 323 1435 Trade Projection Report to the Senate Finance and House Ways and Means Committees by the USTR and the Secretary of the Treasury on or before March 1 of each year. Annual 323 1437 CRS-15 Mandated Reports to Congress as Reported in “Overview and Compilation of Trade Statutes,” 2005 Edition (House Ways and Means “Blue Book”) Chapters/ General Subject / Report Mandated “The Year in Trade: Operation of the Trade Agreements Program”: Factual Report to Congress by the International Trade Commission (USITC) on the operation of the trade agreements program. Mandated Report Frequency Annual Reports and Consultation to Congress: Section 2202 of the Omnibus Trade and Competitiveness Act of 1988, P.L. 100-418 (1988). “Country Reports on Economic Policy and Trade Practices” to House Foreign Affairs and Ways and Means Committees and the Senate Foreign Relations and Finance Committees by the Secretary of State, by January 31 each year. Annual U.S. International Trade Commission: Section 332 of the Tariff Act of 1930, as amended, P.L. 71-361 (1930). Last amended by P.L.100-647 (1988). Report on Unfair Trade Practices: Report to Congress by the USITC on the first Monday of December on methods adopted, expenses incurred, reports made, and votes taken by the Commission, plus complaints filed under Section 337 relating to unfair practices in import trade which would injure a U.S. industry or restrain or monopolize trade in the United States. Annual Page # Vol. I Vol. II 323 1438 – 1438 324325 1438 331 1464 331 1466