Sec. 304. Powers of the Commission
539 words·~2 min read·
/bill/115/hr/2756/ih/section-304·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Commission may hold a public hearing to solicit views concerning a report of a dispute settlement panel or the Appellate Body described in section 303(a)(1), if the Commission considers such hearing to be necessary to carry out the purpose of this Act. The Commission shall provide reasonable notice of a hearing held pursuant to this subsection. 303(a)(1)(A) The Trade Representative shall advise the Commission not later than 5 business days after the date the Dispute Settlement Body adopts a report of a panel or the Appellate Body that is to be reviewed by the Commission under section 303(a)(1)(A). 303(a)(1)(B) The Committee on Ways and Means or the Committee on Finance, as the case may be, may make and notify the Commission of a request under section 303(a)(1)(B) not later than 1 year after the Dispute Settlement Body adopts the report that is the subject of the request.
With respect to any report to which section 303(a)(1)(B) applies and that is adopted before the date on which the first members of the Commission are appointed under section 302(b)(2), the Committee on Ways and Means or the Committee on Finance, as the case may be, may make and notify the Commission of a request under section 303(a)(1)(B) with respect to that report not later than 1 year after the date on which the first members of the Commission are appointed under section 302(b)(2).
The Commission shall promptly publish in the Federal Register notice of the notice received under paragraph
(1)from the Trade Representative, the Committee on Ways and Means, or the Committee on Finance, as the case may be, along with notice of an opportunity for interested parties to submit written comments to the Commission. The Commission shall make comments submitted pursuant to the preceding sentence available to the public. The Commission may also secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon the request of the chairperson of the Commission, the head of such department or agency shall furnish the information requested to the Commission in a timely manner. The Trade Representative shall make available to the Commission all submissions and relevant documents relating to a report of a panel or the Appellate Body described in section 303(a)(1), including any information contained in such submissions identified by the provider of the information as proprietary information or information designated as confidential by a foreign government. Any document which the Trade Representative submits to the Commission shall be available to the public, except information which is identified as proprietary or confidential or the disclosure of which would otherwise violate the rules of the WTO. Any agency or department of the United States that is designated by the President shall provide administrative services, funds, facilities, staff, or other support services to the Commission to assist the Commission with the performance of the Commission's functions. The Commission shall protect from disclosure any document or information submitted to it by a department or agency of the United States which the agency or department requests be kept confidential. The Commission shall not be considered to be an agency for purposes of section 552 of title 5, United States Code.