Executive Order 11075—Administration of the Trade Expansion Act of 1962

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. Definition. 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. SEC. 2. Special Representative. (a) The Special Representative for Trade Negotiations provided for in Section 241 of the Act (hereinafter referred to as the Special Representative) shall be located in the Executive Office of the President and shall be directly responsible to the President. (b) There shall be a Deputy Special Representative for Trade Negotiations with the rank of Ambassador, whose principal functions shall be to conduct negotiations under title II of the Act, and who 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 generally shall assist the President in the administration of, and facilitate the carrying out of, the Act. Except as may be unnecessary by reason of delegations of authority contained in this order or for other reasons, the Special Representative shall furnish timely and appropriate recommendations, information, and advice to the President in connection with the administration and execution of the Act by the President. (c) As he may deem to be necessary for the proper administration and execution of the Act 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 Act. (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) 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. (i) Any proclamation proposed for issuance under Section 201 (a) or Section 351(a) of the Act (submitted pursuant to the provisions of subsection (b) of this section) shall be subject to the provisions of Executive Order No. 11030 of June 19, 1962. (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. SEC. 4. Trade Expansion Act Advisory Committee. (a) There is hereby established the Trade Expansion Act Advisory Committee thereinafter 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 person 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 adminstration of the trade agreements program. (f) The functions conferred upon the 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 United States 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. (e) 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 Conmerce. 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 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 Star. 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. 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. 12. Prior bodies and orders. (a) The pending business the records and property, of the Trade Policy Committee, Agreements Committee, and Committee for Reciprocity Inform (now existing under orders referred to in Section 12(b) below) be completed or transferred as the Special Representative, cons with law and with the provisions of this order, shall direct; and said committees are abolished effective as of the thirtieth 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