Sec. 7. Trade agreements: suspensions and other modifications, consultations, and submission to Congress
1,724 words·~8 min read·
/bill/117/hr/7430/ih/section-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Before entering into any negotiation with a trading partner concerning a suspension of or modification to a trade agreement, including a waiver of obligations, the Trade Representative shall publish in the Federal Register a notice identifying— the objectives of the United States for that negotiation; the rationale for why the trade agreement does not presently allow the United States to meet those objectives; and the provision or provisions of the trade agreement that the United States proposes to suspend or modify. The Trade Representative shall allow the public an opportunity to submit comments concerning the notice required under paragraph
(1)for a period of not less than 30 days, and shall hold a hearing to hear testimony from members of the public. After the end of the comment period under subsection (a)(2), and after an evaluation by the Trade Representative of those comments, if the Trade Representative determines to pursue a suspension of or modification to a trade agreement, the Trade Representative shall submit to the Commission a plan for the negotiation of the suspension or modification, as the case may be, which shall include— the objectives of the United States for the negotiation; a description of the inadequacies of the trade agreement, including by reference to specific provisions that preclude the United States from meeting its objectives; a description of how the Trade Representative plans to remedy those inadequacies; evidence supporting those inadequacies; and a justification for why the suspension or modification would remedy those inadequacies. For each suspension of or modification to a trade agreement for which a plan was submitted to the Commission under paragraph (1), the Commission shall publish on an internet website of the Commission a report evaluating— the existence and extent of the purported inadequacies in the trade agreement; what progress, if any, the plan might make in remedying those inadequacies; and the likely impact of the suspension or modification on the economy of the United States as a whole and on specific industry sectors, including any impact on gross domestic product, exports and imports, aggregate employment and employment opportunities, production, employment, and competitive position of industries likely to be significantly affected by the suspension or modification, and the interests of consumers. The Commission shall conduct a public hearing for each suspension of or modification to a trade agreement for which a plan was submitted to the Commission under paragraph
(1)before publishing a report with respect to that suspension or modification under subparagraph (A). The Commission shall publish the report required under subparagraph
(A)with respect to a suspension of or modification to a trade agreement for which a plan was submitted to the Commission under paragraph
(1)not earlier than 30 days and not later than 120 days after the plan was submitted. If the Commission determines that certain aspects of a report required to be published under subparagraph
(A)must be kept confidential to protect proprietary data or to protect the interests of the United States with respect to a potential negotiation, the Commission shall— publish a redacted report under subparagraph (A); and submit to the appropriate congressional committees an unredacted report. The Trade Representative may proceed to enter into negotiations with a trading partner with respect to a suspension of or modification to a trade agreement for which a plan was submitted to the Commission under paragraph
(1)not earlier than 5 business days following the publication under subparagraph
(A)of the report regarding that suspension or modification. Not later than 60 days before entering into any negotiations with a trading partner concerning a suspension of or modification to a trade agreement, including a waiver of one or more provisions or obligations of the agreement, the President shall provide written notice to Congress of the intention of the President to enter into the negotiations, which shall include— the date on which the President intends to initiate the negotiations; the specific objectives of the United States for the negotiations; and an assessment of why it is necessary to suspend or modify the trade agreement in order to meet those objectives. Following the notice required under paragraph
(1)with respect to negotiations concerning a suspension of or modification to a trade agreement, the President shall consult with Congress with respect to those negotiations as set forth in section 105 of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 ( 19 U.S.C. 4204 ) in the same manner as if the suspension or modification was an agreement subject to the provisions of that section. With respect to negotiations described in paragraph (1), the Trade Representative shall consult closely and on a timely basis with the appropriate congressional committees, keeping those committees fully apprised of those negotiations, and provide to those committees, including staff with appropriate security clearance, access to the text of any negotiating proposal or any other document presented by the United States that presents concepts or considerations for the negotiations not later than 5 business days before tabling it in the negotiation. The chair and ranking member of each of the appropriate congressional committees may each designate not more than 4 members of their committee and not more than 3 staffers as official advisors to negotiations described in paragraph (1). The Trade Representative shall brief the appropriate congressional committees before and after every session with respect to negotiations described in paragraph (1). A briefing required under subparagraph
(A)following a negotiating session shall take place not later than 5 business days following the session. Notwithstanding the timing requirements under section 135(e)(1) of the Trade Act of 1974 ( 19 U.S.C. 2155(e)(1) ), the report required under that section regarding any trade agreement entered into under subsection
(a)or
(b)of section 103 of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 ( 19 U.S.C. 4202 ) shall be provided to the President, Congress, and the Trade Representative not later than 30 days after the date on which the President notifies Congress of the intention of the President to enter into a suspension of or modification to the trade agreement. The President shall not enter into any suspension of or modification to a trade agreement, unless— the President has complied with all consultation requirements set forth in subsection (c); and an Act of Congress is enacted approving the suspension or modification or a joint resolution is adopted under subsection
(f)approving the suspension or modification. The President may seek a joint resolution from Congress granting the President authority to enter into a suspension of or modification to a trade agreement as follows: The President shall post the text concerning the relevant changes to the trade agreement on a publicly available website of the Office of the United States Trade Representative for not less than 5 business days. The President shall submit the text concerning the relevant changes to the trade agreement to the Commission, which shall publish on a publicly available website of the Commission a report on how the changes to the trade agreement will impact employment, economic growth, and consumers in the United States. The Commission shall publish that report not earlier than 30 days and not later than 120 days after receiving from the President the text concerning the relevant changes to the trade agreement. The President shall submit to Congress on a day on which both Houses of Congress are in session a copy of the final legal text with respect to which the President seeks authority to commit the United States, together with— the report prepared by the Commission under subparagraph (B); an identification of any United States laws that may be inconsistent with the text; and a statement of any administrative action proposed to implement any changes to the trade agreement. A joint resolution approving a suspension of or modification to a trade agreement may be introduced in either House of Congress by the chair or ranking member of one of the appropriate congressional committees. The provisions of subsections
(b)through
(f)of section 152 of the Trade Act of 1974 ( 19 U.S.C. 2192 ) shall apply with respect to a joint resolution introduced under paragraph
(2)to the same extent and in the same manner as such provisions apply with respect to a resolution described in subsection
(a)of that section. Following introduction of a joint resolution under paragraph (2), the appropriate congressional committees shall, as appropriate, hold hearings and briefings and otherwise obtain information in order to fully review the proposed suspension of or modification to a trade agreement. If the committee of either House to which a joint resolution introduced under paragraph
(2)has been referred has not reported it by the close of the 40th day after its introduction (excluding any day described in section 154(b) of the Trade Act of 1974 ( 19 U.S.C. 2194(b) )), that committee shall be automatically discharged from further consideration of the joint resolution and it shall be placed on the appropriate calendar. It is not in order for— the Senate to consider any joint resolution introduced under paragraph
(2)unless it has been reported by the Committee on Finance or the committee has been discharged under paragraph (5); or the House of Representatives to consider any joint resolution introduced under paragraph
(2)unless it has been reported by the Committee on Ways and Means or the committee has been discharged under paragraph (5). A motion in the House of Representatives to proceed to the consideration of a joint resolution may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his or her intention to do so. This subsection is enacted by Congress— as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, and such procedures supersede other rules only to the extent that they are inconsistent with such other rules; and with the full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House. This section shall not apply with respect to any ministerial changes to a trade agreement.
Connectionstraces to 5
Citation graph
cites case law
Sec. 7
Trade agreements: suspensions and other modifications, consultations, and submission to Congress
Cites 5Cited by 0 across 0 sources