I 

109TH CONGRESS 

1ST SESSION H. R. 3416 

To prohibit the application of the foreign affairs exemption to the rule 

making requirements under the Administrative Procedure Act with respect to actions of the Committee for the Implementation of Textile 

Agreements. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 25, 2005 

Mr. WELLER introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To prohibit the application of the foreign affairs exemption 

to the rule making requirements under the Administrative Procedure Act with respect to actions of the Committee for the Implementation of Textile Agreements. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘CITA Transparency 

5 Act of 2005’’. 
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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Subchapter II of chapter 5 of title 5, United 

4 States Code (commonly referred to as the ‘‘Adminis5 trative Procedure Act’’), was enacted into law, 

6 among other things, to protect the interest of the 

7 public in administrative justice and fair play, to pre8 vent ad hoc, arbitrary decisionmaking, and to ensure 

9 administrative accountability. 

10 (2) The Committee for the Implementation of 

11 Textile Agreements, an interagency group estab12 lished by Executive Order 11651 (March 3, 1972), 

13 performs regulatory and policy functions that regu14 late, impact, or otherwise affect the United States 

15 textile and apparel industry, importers of textiles 

16 and apparel, and the general public. 

17 (3) The Committee for the Implementation of 

18 Textile Agreements has maintained that it is gen19 erally exempt from the notice-and-comment require20 ments of the Administrative Procedure Act by virtue 

21 of the foreign affairs exemption contained in section 

22 553(a)(1) of title 5, United States Code. 

23 (4) Other Federal agencies that exercise trade24 related functions under United States law follow 

25 procedures that fully comply with the notice-and- 
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1 comment requirements of the Administrative Proce2 dures Act. 

3 (5) Full compliance by the Committee for the 

4 Implementation of Textile Agreements with the no5 tice-and-comment requirements of the Administra6 tive Procedure Act will not provoke undesirable 

7 international consequences and will ensure fairness 

8 and accountability in the administration of textile 

9 agreements. 

10 SEC. 3. PROHIBITION ON APPLICATION OF FOREIGN AF11 FAIRS EXEMPTION UNDER THE ADMINISTRA12 TIVE PROCEDURE ACT WITH RESPECT TO AC13 TIONS OF THE COMMITTEE FOR THE IMPLE14 MENTATION OF TEXTILE AGREEMENTS. 

15 The Committee for the Implementation of Textile 

16 Agreements shall not invoke the foreign affairs exemption 

17 contained in section 553(a)(1) of title 5, United States 

18 Code, with respect to any of its actions related to textile 

19 trade. 

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