Sec. 3. Review, enforcement, and reporting requirements
1,220 words·~6 min read·
/bill/118/s/4110/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 506A(a)(1) of the Trade Act of 1974 ( 19 U.S.C. 2466a(a)(1) ) is amended by striking is authorized to and inserting shall . Section 506A(a) of the Trade Act of 1974 ( 19 U.S.C. 2466a(a) ) is amended by striking paragraphs
(2)and
(3)and inserting the following: Not less frequently than once every 2 years, the President shall monitor, review, and report to Congress on the progress of each country listed in section 107 of the African Growth and Opportunity Act ( 19 U.S.C. 3706 ) in meeting the requirements described in paragraph
(1)in order to determine the current or potential eligibility of the country to be designated as a beneficiary sub-Saharan African country for purposes of this section. The President’s determinations, and explanations of such determinations, with specific analysis of the eligibility requirements described in paragraph (1)(A), shall be included in the biennial report required by section 106(a)(1). The President may, at any time, initiate an out-of-cycle review of whether a beneficiary sub-Saharan African country is making continual progress in meeting the requirements described in paragraph (1). The President shall give due consideration to petitions received under subsection (d)(3) in determining whether to initiate an out-of-cycle review under this subparagraph. If the chairperson and ranking member of one of the appropriate congressional committees jointly submit a request for an out-of-cycle review of a beneficiary sub-Saharan African country based on the assertion that the country is not making continual progress in meeting the requirements described in paragraph (1), the President shall— not later than 15 days after receiving the request, initiate an out-of-cycle review of whether the country is making continual progress in meeting those requirements; and not later than 45 days after receiving the request, submit a classified or unclassified report to the appropriate congressional committees on the review that includes— the determination of the President, pursuant to the review, of whether or not the country is making continual progress in meeting the requirements described in paragraph (1); a description of the considerations entering into that determination, including a specific analysis of the requirements described in paragraph (1); and if the President determines that the country is not making continual progress in meeting those requirements, the matters described in clauses
(ii)through
(iv)of paragraph (4)(B). If the President delegates responsibility for conducting reviews under subparagraphs (A), (B), and (C), the President shall delegate that responsibility jointly to— the United States Trade Representative or a designee of the Trade Representative serving in a position to which the designee was appointed by the President by and with the advice and consent of the Senate; and the Secretary of State or a designee of the Secretary serving in a position to which the designee was appointed by the President by and with the advice and consent of the Senate. If, pursuant to a review conducted under paragraph (2), the President determines that a beneficiary sub-Saharan African country is not making continual progress in meeting the requirements described in paragraph (1), the President shall, subject to paragraph (4)— terminate the designation of that country as a beneficiary sub-Saharan African country for purposes of this section; withdraw, suspend, or limit the application of duty-free treatment to any article of the country that is described in subsection (b)(1) or section 112 of the African Growth and Opportunity Act ( 19 U.S.C. 3721 ); issue a warning letter to the country detailing concerns with the lack of progress of the country in meeting the requirements described in paragraph
(1)and providing notice that, if corrective action is not taken before the next review of the country under paragraph (2), the President may take action under clause
(i)or
(ii)based on the results of that review; or take no action under clause (i), (ii), or
(iii)if the President determines that— the compliance of the country with the requirements described in paragraph
(1)will be most effectively promoted by other means; or the economic and foreign policy interests of the United States will be most effectively advanced by taking no action. An action taken under subparagraph
(A)shall be effective with respect to a country— for biennial reviews conducted under paragraph (2)(A), on January 1 of the year following the year in which the determination that the country is not making continual progress in meeting the requirements described in paragraph
(1)is made; for out-of-cycle reviews conducted under subparagraph
(B)or
(C)of paragraph (2), not later than 90 days after such a determination is made. If, pursuant to a review conducted under paragraph (2), the President determines that a beneficiary sub-Saharan African country is not making continual progress in meeting the requirements described in paragraph (1), the President shall notify the appropriate congressional committees and the government of the country of the President’s determination and any action the President is considering taking not less than 60 days before taking any action with respect to the country under paragraph (3)(A) or determining to take no action as described in clause
(iv)of that paragraph. Not later than 15 days after providing notification under subparagraph
(A)with respect to a country, the President shall submit to the appropriate congressional committees a classified or unclassified report, informed by the United States Trade Representative and the Secretary of State, that includes— a description of the considerations entering into the determination that the country is not making continual progress in meeting the requirements described in paragraph (1), including a specific analysis of those requirements; an analysis of the expected economic and political effects of— the action the President intends to take under paragraph (3)(A) with respect to the country; or taking no action, if the President determines to take no action as described in clause
(iv)of that paragraph; an explanation of the role of the action or determination to take no action in the overall strategy of the United States toward the country; and an explanation of what actions by the country would result in the restoration of, as applicable— the designation of the country as a beneficiary sub-Saharan African country for purposes of this section; or the application of duty-free treatment to articles of the country. Not later than 30 days after providing notification under subparagraph (A), the United States Trade Representative and the Secretary of State shall provide briefings to the appropriate congressional committees addressing— the findings of the review conducted under paragraph (2); and the contents of the report required by subparagraph (B). . Title V of the Trade Act of 1974 ( 19 U.S.C. 2461 et seq. ) is amended— in section 506A ( 19 U.S.C. 2466a )— by striking subsection (c); in subsection (d), by striking paragraph (4); and in subsection (e)— by striking and inserting Beneficiary Sub-Saharan African Countries, Etc .—For purposes of this title— ; Definitions .—In this title: by redesignating paragraphs
(1)and
(2)as paragraphs
(2)and (3), respectively; and by inserting before paragraph (2), as so redesignated, the following: The term appropriate congressional committees means— the Committee on Ways and Means and the Committee on Foreign Affairs of the House of Representatives; and the Committee on Finance and the Committee on Foreign Relations of the Senate. ; and in section 506B ( 19 U.S.C. 2466b ), by striking section 506A(c) and inserting section 506A(f) .
Connectionstraces to 5
Citation graph
cites case law
Sec. 3
Review, enforcement, and reporting requirements
Cites 5Cited by 0 across 0 sources