(b) After receipt and consideration of a request to present oral testimony at a public hearing, the Committee will notify the applicant whether the request is granted, and if so, the time and place for his appearance and the amount of time alloted for his oral testimony, and if not, the reasons for the denial.

(c) The interested party may briefly summarize and should supplement the information contained in the written brief, and should be prepared to answer questions relating to such information. (d) A stenographic record shall be made of every public hearing.

§ 2003.6

Presentation of oral testimony

at informal conferences.

(a) A request by an interested party to present oral testimony to the Committee concerning any aspect of the trade agreements program or any related matter at an informal conference may be submitted in writing at any time.

(b) After receipt and consideration of a request to present oral testimony to the Committee at an informal conference, the Committee will notify the applicant whether the request is granted, and if so, the time and place for his appearance and the amount of time alloted for his oral testimony, and if not, the reasons for the denial.

(c) At an informal conference the interested party may briefly summarize and should supplement the information contained in the written brief, if any, and should be prepared to answer questions relating to such information.

(d) A request to present oral testimony to the Committee at an informal conference will not be granted if the Committee determines that the subject matter of the proposed oral testimony comes within the subject matter of a contemporaneous public hearing as announced by a public notice.

(c) Other public written information concerning the trade agreements program and related matters.

§ 2003.8 Information exempt from public inspection.

(a) The Committee shall exempt from public inspection business information submitted by an interested party if the Committee determines that such information concerns or relates to the trade secrets, processes, operations, style or work, or apparatus, or the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association, the disclosure of which is not authorized by law or by the interested party furnishing such information.

(b) A party requesting that the Committee exempt from public inspection business information submitted in writing shall clearly mark each page "For Official Use Only" at the top. A party may request that the Committee exempt from public inspection business information submitted orally at an informal conference.

(c) The Committee may deny a request that it exempt from public inspection any particular business information if it determines that such information is not entitled to exemption. In the event of such denial, the party submitting the particular business information will be notified of the reasons for the denial and will be permitted to withdraw his submission.

§ 2003.9 Information available to U.S.

Government agencies.

All information received by the Committee shall be available to the agencies of the U.S. Government represented on the Committee.

APPENDIX A

ADMINISTRATION OF THE TRADE AGREEMENTS PROGRAM

Text of Executive Order No. 11075 of January 15, 1963 (28 F.R. 473), as amended by Executive Order No. 11106 of April 18, 1963 (28 F.R. 3911), and Executive Order No. 11113 of June 13, 1963 (28 F.R. 6183).

By virtue of the authority vested in me by the Trade Expansion Act of 1962 (Public Law 87-794, approved October 11, 1962; 76 Stat. 872), and by section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows:

SECTION 1. Definitions. (a) As used in this order the term "the Act" means the Trade Expansion Act of 1962 (Public Law 87-794), approved October 11, 1962), exclusive, however, of chapters 2, 3, and 5 of title III thereof.

(b) As used in this order the term "the trade agreements program" includes all activities consisting of, or related to, the negotiation or administration of trade agreements (other than treaties), concluded pursuant to the authority vested in the President by the Constitution, section 350 of the Tariff Act of 1930, as amended, or the Act.

SEC. 2. Office of Special Representative. (a) There is hereby established in the Executive Office of the President an agency which shall be known as the Office of the Special Representative for Trade Negotiations.

(b) There shall be at the head of the said Office the Special Representative for Trade Negotiations provided for in section 241 of the Act (hereinafter referred to as the Special Representative), who shall be directly responsible to the President.

(c) There shall be in the said Office two officers, each of whom shall have the title "Deputy Special Representative for Trade Negotiations", with the rank of Ambassador. The principal functions of each shall be to conduct negotiations under title II of the Act, and each shall perform such additional duties as the Special Representative may direct. SEC. 3. Functions of Special Representative. (a) The Special Representative shall have the functions conferred upon him by the Act, the functions delegated or otherwise assigned to him by the provisions of this order, and such other functions as the President may from time to time direct.

(b) The Special Representative shall advise and assist the President in the administration of, and facilitate the carrying out of, the trade agreements program. In addition, the Special Representative shall advise the President with respect to nontariff barriers to international trade, international commodity agreements, and other matters which are related to the trade agreements program.

(c) As he may deem to be necessary for the proper administration and execution of the trade agreements program and of this order, the Special Representative (1) shall draw upon the resources of Federal agencies, and of bodies established by or under the provisions of this order, in connection with the performance of his functions, and (2) except as may be otherwise provided by this order or by law, may assign to the head of any such agency or body the performance of duties incidental to the administration of the trade agreements program.

(d) In connection with the performance of his functions, the Special Representative shall, as appropriate and practicable, consult with Federal agencies.

(e) The Special Representative shall from time to time furnish the President lists of articles proposed for publication and transmittal to the Tariff Commission by the President under the provisions of section 221(a) of the act.

(f) The functions conferred upon the President by section 222 of the Act are hereby delegated to the Special Representative.

(g) The functions conferred upon the President by the first sentence of section 223 of the Act are hereby delegated to the Special Representative. The Special Representative is hereby designated to perform the functions prescribed by the second sentence of that section.

(h) After the President has entered into a trade agreement which provides for any new tariff concession, the Special Representative shall submit to the President, for transmission by him to each House of Congress, copies of such trade agreement, together with a draft of the statement relating thereto provided for in section 226 of the Act. In addition, the Special Representative shall transmit to each House of Congress copies of agreements supplementary to trade agreements which do not provide for any new tariff concession, and of such other documents relating to the trade agreements program as he considers appropriate, together with a brief statement describing each such supplementary agreement or other document.

(i) The Special Representative shall make arrangements under which the committee established by section 4 of this order shall provide for public hearings in pursuance of the second sentence of section 252(d) of the Act. The functions conferred upon the President by the first sentence of that section are hereby delegated to the Special Representative.

(j) Advice furnished by the Secretaries of Commerce and Labor under section 351 (c) of the Act shall be transmitted by the respective Secretaries to the President through the Special Representative.

(k) Subject to available financing, the Special Representative may employ such personnel as may be necessary to assist him in the performance of his functions.

(1) The Special Representative shall prepare or have prepared for consideration by the President, in a form suitable for inclusion in Title 48 of the Code of Federal Regulations, any proclamation which relates wholly or primarily to the trade agreements program. Any such proclamation shall be subject to the provisions of Executive Order No. 11030 of June 19, 1962 (27 F.R. 5847), except that such proclamation need not be submitted for approval to the Director of the Bureau of the Budget as provided in section 2 (a) and (b) of that order but may be transmitted directly to the Attorney General for his consideration as to both form and legality.

SEC. 4. Trade Expansion Act Advisory Committee. (a) There is hereby established the

Trade Expansion Act Advisory Committee (hereinafter referred to as the Committee). The Committee shall be composed of the Special Representative, who shall be its chairman, and the following other members: The Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of Labor.

(b) Each Secretary referred to in section 4(a) of this order may designate an official from his department, who is in status not below that of an Assistant Secretary of an executive or military department, to serve as a member of the Committee in lieu of the designating Secretary when the latter is unable to attend any meeting of the Committee. In corresponding circumstances, the Special Representative may designate the Deputy Special Representative for Trade Negotiations, for a corresponding purpose. Except for his accountability to his designating authority, any pesron while so serving shall have in all respects the same status, as a member of the Committee, as do other members of the Committee.

(c) The Special Representative may from time to time designate any member of the Committee (including any person serving as a member of the Committee under the provisions of section 4(b) hereof) to act as chairman of the Committee when the Special Representative is unable to attend any meeting of the Committee.

(d) The Committee shall have the functions conferred by the Act upon the interagency organization referred to in section 242 of the Act and shall also perform such other functions as the President may from time to time direct.

(e) The recommendations made by the Committee under section 242(b)(1) of the Act, as approved or modified by the President, shall guide the administration of the trade agreements program.

(f) Before making recommendations to the President under section 242(b) (2) of the Act, the Committee shall, through the Special Representative, request the advice of the Adjustment Assistant Advisory Board, created by the provisions of section 361 of the Trade Expansion Act of 1962, concerning the feasibility of adjustment assistance to workers and firms.

the

(g) The functions conferred upon President by the second sentence of section 242 (c) of the Act, to the extent that they are in respect of procedures, are hereby delegated to the Committee.

SEC. 5. Tariff Commission. (a) The U.S. Tariff Commission is requested to determine the ad valorem equivalent, and, for this purpose, the authority conferred upon the President by the provisions of section 256 (7) of the Act is hereby delegated to the Commission.

(b) Reports required to be made, and transcripts of hearings and briefs required to be

furnished, by the Tariff Commission under the provisions of section 301(f)(1) of the Act (1) shall, in respect of investigations made by it under section 301(c)(1) of the Act. be transmitted by the Commission to the President through the Secretary of Commerce, and (2) shall, in respect of investigations made by it under section 301 (c) (2) of the Act, be transmitted to the President through the Secretary of Labor.

(c) All other reports, findings, advice, hearing transcripts, briefs, and information which, under the terms of the Act, the Tariff Commission is required to furnish, report, or otherwise deliver to the President shall be transmitted to him through the Special Representative.

(d) Advice of the Tariff Commission under section 221(b) of the Act shall not be released or disclosed in any manner or to any extent not specifically authorized by the President or by the Special Representative.

SEC. 6. Secretary of the Treasury. There is hereby delegated to the Secretary of the Treasury the authority to issue regulations, conferred upon the President by the provisions of section 352(b) of the Act.

SEC. 7. Secretary of Commerce. The authority to certify, conferred upon the President by the provisions of section 302 (c) of the Act, to the extent that such authority is in respect of firms, is hereby delegated to the Secretary of Commerce.

SEC. 8. Secretary of Labor. There are hereby delegated to the Secretary of Labor the authority to certify, conferred upon the President by the provisions of section 302 (c) of the Act, to the extent that such authority is in respect of groups of workers, and the authority conferred upon the President by the provisions of section 302(e) of the Act.

SEC. 9. Committees and task forces. To perform assigned duties in connection with functions under the Act or this order and as may be permitted by law, the Special Representative may from time to time cause to be constituted appropriate committees or task forces made up in whole or in part of representatives or employees of interested agencies, of representatives of the committee established by the provisions of section 4 of this order, or of other persons. Assignments of personnel from agencies, in connection with the foregoing, and assignments of duties to them, shall be made with the consent of the respective heads of agencies concerned.

SEC. 10. Threat of impairment of national security. Executive Order No. 11051 of September 27, 1962, is hereby amended by striking from section 404 (a) thereof the text "section 2 of the Act of July 1, 1954 (68 Stat. 360; 19 U.S.C. 1352a)" and inserting in lieu of the stricken text the following: "Section 232 of the Trade Expansion Act of 1962".

SEC. 11. Redelegation. Delegations of authority made by this order to the Special Representative, the Secretary of Commerce,

and the Secretary of Labor, and other assignments of authority made by this order to the Special Representative, shall be deemed to include the power of successive redelegation.

SEC. 12. References. Except as may for any reason be inappropriate, references in this order to any other Executive order or to the Act or to the Trade Expansion Act of 1962 or to any other statute, and references in this order or in any other Executive order to this order, shall be deemed to include references thereto, respectively, as amended from time to time.

SEC. 13. Prior bodies and orders. (a) The pending business, and the records and property of the Trade Policy Committee, Trade Agreements Committee, and the Committee for Reciprocity Information (now existing under orders referred to in section 13(b) below) shall be completed or transferred as

the Special Representative, consonant with law and with the provisions of this order, shall direct; and the said committees are abolished effective as of the 30th day following the date of this order.

(b) Subject to the foregoing provisions of this section, the following are hereby superseded and revoked:

(1) Executive Order No. 10082 of October 5, 1949.

(2) Executive Order No. 10170 of October 12, 1950.

(3) Executive Order No. 10401 of October 14, 1952.

(4) Executive Order No. 10741 of November 25, 1957. JOHN F. KENNEDY.

THE WHITE HOUSE,
January 15, 1963.